Acceptable Use Policy


Boomerang is committed to a permission-based ethic in providing our email services. Simply put, we don't tolerate spamming. We expect our clients to use mailing lists based on established business relationships or an opt-in process, and we offer services to help them build and maintain their lists.

In this section, our Acceptable Use Policy explains what we expect from clients using our services. Our Privacy Policy describes how we interact with clients and visitors at our web site.

Boomerang provides services that are intended to enhance the communication between our clients and their customers, prospects and business partners. As such, we expect our clients to follow good business practices in keeping with that intent.

The client is solely responsible for the content and the lists used in these transmissions.


Our Guidelines

When sending email to existing customers and prospects, we strongly recommend the use of permission-based or opt-in lists. This approach is being widely adopted today and serves to enhance the value of the communication. We offer services that allow a company to build an opt-in list for email programs, as well as to supplement and maintain existing lists.

Boomerang does not rent or sell mailing lists. 

For every email, we require the sender to provide each recipient with the opportunity to opt-out, or choose not to receive similar communications in the future. Boomerang offers various opt-out services, including a managed reply mechanism with an opt-out acknowledgment for the recipient. Boomerang can also perform the list services needed to ensure that the recipients who opted-out do not receive similar mailings in the future.

Our clients have the option to store their content and lists on our system. This service is designed solely for use with the email services that Boomerang provides. In keeping with standard practices to safeguard data, we strongly encourage clients to keep current backup copies of these files themselves. We can also provide backup services if desired.

Boomerang's email services may be used for any legal activity that does not conflict with any of the Unacceptable Uses described below.


Unacceptable Uses

The following is a non-exclusive list of content and behaviors that constitute unacceptable use:
a.   The sending of unsolicited email (spamming) including without limitation the sending of advertisements or solicitations that do not clearly and conspicuously identify the message as an advertisement or solicitation, or do not include a valid physical postal address of Boomerang's client. Users who utilize Boomerang's services for spam are subject to prosecution to the fullest extent of the law.
b.   Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
c.   Content that is offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
d.   Content that contains or links to nudity, pornography, adult content, sex, extreme violence, or foul language.
e.   Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.
f.   Content that posts or discloses personal identification information or private information of individuals under the age of 13, or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
g.   Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to harm any people or animals.
h.   Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.


Compliance with Laws

It is the client's sole responsibility to ensure compliance with all applicable laws including, but not limited to:
•   The CAN-Spam Act of 2003
•   The TCPA of 1991 (regarding, among other items, unsolicited facsimile traffic)
•   All FCC rules and regulations - see www.fcc.gov
•   All FTC rules and regulations - see www.ftc.gov
•   The Digital Millennium Copyright Act of 1998
•   The Children's Online Privacy Protection Act
•   Child Online Protection Act
•   The Michigan Children's Protection Registry Act of 2005
•   The Utah Child Protection Registry Act of 2005

BlackListing

Blacklisting is the process by which anti-spam services or individuals monitor the Internet for sources (IPs) sending unsolicited commercial email (spam), and then publicly listing that information on the Internet for others to reference as a measure to fight spam. 

Boomerang constantly monitors over a hundred blacklists for its own IP addresses, and in the event that one is added, our Deliverability Team investigates the issue for the cause of the blacklisting, the client that caused the blacklisting, and the means by which that IP can be de-listed. 

Multiple blacklistings caused by the same client will warrant further investigation into the source of the email list, the conduct of the client, and the content of the emails themselves.
 
How to Notify Us of Spam Complaints

We work very closely with our clients to eliminate unwanted emails. If you receive an unwanted email that we've sent on behalf of a client and wish to lodge a complaint, please do the following:

•   With the unwanted email in your browser, select the Forward function. If possible, include the full headers from the unwanted email in what you send us.
•   Use the phrase spam complaint as the Subject line.
•   Add any additional information that will help us investigate and resolve the problem, e.g., "I opted out of this sender's mailings on their web site in March.
•   Forward the email to abuse@boomerang.com.
•   You will receive an email from us confirming that we have removed your email address from all our future mailings.



Last updated: July 25, 2007