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Anti SPAM Policy

Asian Fox Developments has zero-tolerance on spam. By subscribing/purchasing to the Asian Fox Developments Services, you accept to use them in compliance with the Asian Fox Developments Anti-Spam Policy stated below. The use of the Services is also subject to the applicable Terms of Service and Privacy Policy.

As an email service provider (ESP), we are required to enforce spam laws. Spam negatively impacts deliverability rates, and we want to make sure your emails reach their recipients. We have some very strict rules that must be adhered to in all countries, but you may find that your country has additional requirements.

What is Spam?

Spam is any email sent to someone without his or her permission. You need to have permission to send out email. The person should be subscribed to your mail list through your website(s) or by any other written means, and confirmed his or her subscription by clicking the confirmation link in a received email.

How we define spam?

1. If the email address is not subscribed with owner's permission,
2. If the email address has been rented or bought through list providers, sellers and other third parties, and
3. If the email address is gathered from the web by scanning or by other means.

What is non-allowed email content?

1. Pornography and/or sexual abuse based content;
2. Illegal substances and alcohol selling content;
3. Hate, racist or discriminative expressions, and
4. Content that violates the FTC's CAN-SPAM law.

What are content rules?

1. DBEM - Designer Bulk Email Marketing unsubscription link which unsubscribes user instantly without any confirmation,
2. Name, physical address and e-mail address of the sender,
3. Information on how the recipient joined the list,
4. Should be in line with the permission obtained from the recipient.

Asian Fox Developments Rules

1. You must be at least 18 years of age to use DBEM - Designer Bulk Email Marketing.
2. You must agree our Terms of Use, Terms of Use, Privacy Policy and Anti-SPAM Policy.
3. Asian Fox Developments always reserves the right to cancel a Service or terminate an account without any notice. In case of SPAM we wouldn’t be able to provide any refund because of damaging our network/IP(s)/bandwidth/server.

What are DBEM SPAM monitoring procedures?

1. Until your account earns our trust, every email you send will be verified by our Anti-SPAM department.
2. If we receive from your recipients 25 or more complaints as defined in our own system, we will immediately terminate your account.
3. All large list imports will be verified and tracked by our team. This is in order to prevent 3rd party email addresses.
4. Our experienced team is monitoring all email sending activity and if we discover that you are sending emails without permissions, we will terminate your account immediately without any notice.

Prohibited Content and Industries

DBEM - Designer Bulk Email Marketing cannot be used to send anything offensive or to promote anything illegal or harass anyone. You may not send the following:
1. Pornography or other sexually explicit or abusive emails, 2. Emails offering to sell illegal substances and alcohol, 3. Hate, racist or discriminative expressions, and 4. Emails that violate CAN-SPAM law.

In addition to this, due to high spam/abuse complaint risks, we do not allow our system be used by certain verticals. If you are in one of these verticals, it does not mean that you are a spammer, but the industry you are involved with has high spam/abuse risk which may affect all our systems and other users. Therefore, we don't allow any email delivery for these and related industries:

1. Illegal goods or services, 2. Escort and dating services, 3. Pharmaceutical products, 4. Get-rich-quick or work-at-home schemes, 5. Online trading, day trading tips, or stock market related content, 6. Gambling services, products or gambling education, 7. Bet sites, 8. Multi-level marketing, 9. Affiliate marketing, 10. Credit repair, get-out-of-debt content, 11. Mortgages and/or Loans, 12. Real estate prospecting or listing, 13. Nutritional Supplements, Herbal Supplements or Vitamin Supplements, 14. Pornography or nudity in content, 15. Adult novelty items or references in content, 16. List brokers or List rental services, 17. Marketing or sending commercial email without proper permission.

In summary, we never tolerate SPAM emailing through our Services. You should understand that this is in order to protect the recipients, their time and their privacy. Email marketing should be done in a legal way by only sending to email addresses that you have obtained permission from.

For spam complaints, please Contact Us

Requirements for All Asian Fox Developments / DBEM Campaigns
- You must agree to our Terms of Use.
- You must tell us where you got your list.
- Our unsubscribe link must be in all campaigns.
- You must include your contact information inside every promotional email that you send, including a physical mailing address or PO Box where you can receive mail. (Not a website or email address.)
- You may not falsify your contact information or subject line.
 - If you regularly use an integrated service or e-commerce platform, you need to abide by their terms of use, as well.
- Even if you are outside the US, our servers live in the US. We have to make sure all US standards are observed.
- We require that your emails comply with the CAN-SPAM Act (according to the countries your recipients live in). If you break the rules, you could be liable for hundreds of dollars for each recipient that you sent non-compliant messages to.
- In addition to CAN-SPAM rules, you must comply with the anti-spam laws of the countries your recipients live in. So if you're sending emails to UK residents and US residents, check the UK & US spam laws to make sure you're UK & US compliant.

International Requirements By Country
These are either links to anti-spam legislation in countries or the name of the country's anti-spam law.

Spam Act 2003, Act No. 129 of 2003 as amended.

Telecommunications Act 2003

Commission de la protection de la vie privée, Le spam en Belgique Etat des lieux en juillet 2003, July 4, 2003

Canada’s Anti-Spam Legislation (CASL) amends the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act. It is very similar to CAN-SPAM but has some minor differences and covers all electronic messages, not just email. Check out CASL basics.

Measures for Administration of E-Mail Service on Internet (2006)
(Unofficial English Translation)

Section 06 of the Regulation of Electronic Communications and Postal Services Law of 2004 (Law 12 (I) / 2004 deals with unsolicited communications (spam)

Czech Republic
Act No. 480/2004 Coll., on Certain Information Society Services

Information Society Service Act

Article 13 of DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
The EU body that addresses spam is The Contact Network of Spam Enforcement Authorities (CNSA).
The Directive is implemented by each member state independently so you will want to check with your particular country law for more details.

Falls under the Commission Nationale de l'Informatique et des Libertés (CNIL) [National Data Processing and Liberties Commission], Electronic Mailing and Data Protection (Oct. 14, 1999) (French) CNIL Guidelines on email marketing.

Art. 7 German Unfair Competition Law (Gesetz gegen Unlauteren Wettbewerb) (UWG)
Art. 202a, 263, 303a, 303b of the German Criminal Code Art. 6 of the German Law regarding Information Society Services Art. 28 Par. 4 of the German Data Protection Act

Information Technology Act of 2000

Italy's anti-spam laws are very strict. You can even be imprisoned for sending spam. If you're sending to Italian recipients, follow these guidelines as well.
Personal Data Protection Code (legislative decree no. 196/2003)
The Code transposed EC Directive 95/46 on the protection of personal data and EC Directive 2002/58 on privacy in electronic communications; it consolidated all Italian pre-existing laws and regulations in this sector.
DL 196/2003 Personal Data Protection Code • DL 675/1996 on privacy protection states, inter alia, that a company must have authorization from each user whose personal data (such as e-mail) they want to use. • DL 171/1998 (deriving from the European Community directive 97/66/CE) on telecommunications privacy protection: this put outlaws all automatic systems to call a user and says that all the expenses of an advertising must be paid by the company and not the user (faxes and e-mails are instead paid also by the user).
DL 185/1999 (deriving from the European Community directive 97/7/CE) on customer protection with respect to long-distance contracts: this obliges companies to seek the permission of the user for virtual or telephone sales.

Dutch law requires very explicit permission and heavily protects data and privacy.

New Zealand
The Unsolicited Electronic Messages Act 2007. The Department of Internal Affairs provides detailed guidelines on the anti-spam laws.

South Africa
Regulation of Spam in South Africa - South African Law

Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450).
Personal Data Act (Swedish Code of Statutes, SFS 1998:204), in so far as spam activities involve processing of personal data.

The Privacy and Electronic Communications (EC Directive) Regulations 

CAN-SPAM Act: A Compliance Guide for Business

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