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MailPerformance’s best practices and use policy.

This document, and the list of forbidden activities shown here below, is part of MailPerformance’s use contract.

WARNING
If you are guilty of any forbidden activity shown in this document, MailPerformance will be free to suspend, or terminate without any delay the contract linking you to MailPerformance.

DEFINITION
MailPerformance’s use policy (called from now on policy) seeks to protect MailPerformance, its customers, and the Internet community as a whole against irresponsible or illegal abuses. This policy is a non exhaustive list of forbidden activities when you are using the e-mailing MailPerformance platform.
MailPerformance has the right to modify this policy at any time, being the most updated version the one available on line.

OUR BEST PRACTICES RULES
Are forbiden in MailPerformance’s systems and services:

 Any information violating the general principles of French laws
Transmission, distribution and storage of any information violating the general principles of French laws, the laws of the countries where e-mails are addressed to, and regulations in effect in Internet, is forbidden.

This includes, non exhaustively, information protected by copyright, trademark, commercial confidentiality or any other intellectual property right used without appropriate autorisation, any obscene, pornographic, pedophile, libelous information, which can offend persons or groups of people, or which represent a menace for the security.

 Sending of not required e-mails (spam)
It is forbidden to send any form of non solicited e-mail using the MailPerformance platform. MailPerformance can neither be used to collect answers to non solicited e-mails, sent through any other means.

 Keep and use a non opt-in e-mails list
The registration of an e-mail in a list without the explicit consent of the holder of this address is forbidden. The use of MailPerformance must be done in conformity with the French laws and other regulations in effect in the country receiving the mails. Double opt-in method is highly recommended by MailPerformance. Single opt-in is tolerated but only as a transit system. In case of a double opt-in, the answer from the internet user must be stored by the customer and may be reproduced on MailPerformance request as soon as possible.

 Any risky action for ISP policy
It is forbidden to promote, forward, or make available any software, program, product or service violating the present policy or the policy in effect of any third party ISP. This includes sending non solicited e-mails, performing mail-bombing, flooding and denial of service attacks. This list is not exhaustive.

 To collaborate with any contact included in any RBL
MailPerformance forbids the use of services in the name of or for boasting individuals’ or companies’ services included in RBL lists, such as Spamhaus, OutBlaze or Spamcop (non exhaustive list).

 Any non authorized access to the MailPerformance application
MailPerformance forbids any non authorized access to any user to an account which is not of his own or when he has not the explicit authorization of the account holder.

 To avoid MailPerformance use costs
MailPerformance forbids to obtain or try to obtain any MailPerformance service by any means which would avoid to pay the usual running costs.

 To violate the data of any MailPerformance customer
MailPerformance forbids non authorized access, alteration, destruction or any other attack to any MailPerformance customer’s data.

 Any activity of denial of service using MailPerformance

MAILPERFORMANCE´S CLIENT OBLIGATIONS
Every MailPerformance´s customer is responsible for its users’ and third party users’ activities who have accessed MailPerformance through them. The customer guarantees that the end users of his account have read and accepted the present policy.
Claims will directly reach the MailPerformance Posmaster  ,in order to enact all the arrangements required for the application of this policy, including the immediate termination of the contract of collaboration signed by both the customer and MailPerformance.
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