Common use of Spam Clause in Contracts

Spam. 3.1 Also known as junk mail or Unsolicited Commercial Email (UCE), the term "spam" refers to submitting a commercial email or SMS message to a large number of recipients who have not requested or opted to receive it and have no reasonable expectation to receiving email or SMS from the sender. 3.2 Email or SMS sent by a company or an organisation with whom the recipient has established a relationship or which was requested or accepted (opt-in requirement) by the recipient is not considered spam. 3.3 Spamming is not only harmful because of its negative impact on consumer attitudes toward Service Provider, but also because it can overload Service Provider’s network and disrupt service to Service Provider subscribers. 3.4 As a user of a Service Provider service platforms you must comply with any regulation in force that covers direct marketing regulations if you are sending communications to large multiple lists of users. 3.5 In the absence of positive, verifiable proof to the contrary by a User, Service Provider will consider complaints by recipients of emails or SMS messages to be conclusive that the recipient did not subscribe or otherwise request the email(s) or SMS about which a complaint was generated.

Appears in 7 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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