XZList is a permission-based email service provider that works with leading corporations and organizations to help them communicate with their customers and members. Each customer ‘database’ is owned by our clients and is separate from other sites. XZList does not own, rent, or sell any email addresses or other personal information. We require that all our customers’ databases are generated through a “closed-loop” operation that allows them to maintain clean lists.

We have a diverse customer base covering the entire spectrum of email services including interactive discussion forums, monthly newsletters, website confirmations, and freebies and specials. We work with Fortune 500 corporations, 300,000-member organizations, and small mom-and-pop website entrepreneurs.

If you feel your privacy has been violated we want to know about it. We take this very seriously and have strict policies that we enforce with our system. We require all customers to retain documentation about the optin information for each user. We will help you.

Acceptable Use Policy
Every XZList client must adhere to our Acceptable Use Policy (AUP) that sets the terms for use of the XZList systems. Violation of the Acceptable Use Policy is cause for termination. XZList may change the terms of this agreement with or without notification to clients.

Every mailing must adhere to the following best practices:

* Only be sent to lists of closed-loop recipients
* Immediately honor any removal or unsubscribe requests
* Provide source information on every recipient to be able to prove opt-in status
* State how the e-mail addresses opted in and whether the message is a recurring mailing or a one-time notification

To prevent abuse of the system, this AUP also stipulates that all mail sent through the XZList system must:

* Never confuse or mangle the Internet email headers.
* Never harass, threaten or cause distress, unwanted attention or discomfort to a person or entity.
* Not contain or transmit sexually explicit images or other content that is offensive.
* Not contain or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party.
* Not impersonate any person, including but not limited to, an official of XZList or an information provider, or communicate under a false name or a name not entitled or authorized to use.
* Not violate (intentionally or unintentionally) any applicable local, state, national or international law, including but not limited to any regulations having the force of law.
* Not send one-time mailings to a list of members after which the membership is deleted and recreated later. The membership must be a permanent list to which new members subscribe or unsubscribe themselves. This list may be maintained in an external system.

Removal Instructions
Every message is required to have clear and working unsubscribe instructions at the top or bottom of the message. XZList may add its own small logo, enhanced/enlarged unsubscribe features, and abuse department information at the bottom of all outgoing emails from time to time to allow for better management. In addition, if you are using your own company’s “From” address, you should make sure you have all your RFC-compliant addresses such as “abuse@”, “postmaster@”, and “webmaster@” operational.

List owners must respond to member requests for manual removal from the list with courtesy and timeliness. Even if the user request for removal is aggressive, unfriendly or otherwise rude, you should nonetheless make every attempt to help the user get off the list.

Reporting Abuse
To report an abuse of our system that you would like us to investigate, please forward a copy of the message you received and contact us.

Customer & List Owner Guidelines
In addition to the terms in the signed contracts, the following guidelines apply to all customers and list owners. List owners may not use the XZList System to send unsolicited bulk email (”spam”), whether it be commercial or non-commercial. Your email will be considered unsolicited if your membership addresses are not 100% opt-in by your members through a closed-loop system. If your email addresses came from harvesting, a purchased email list, another mailing list (even with the approval of the other list owner), or were compiled by any method other than by direct subscription from your members, for the purposes of this Agreement and these Rules they will be considered unsolicited (non-opt-in) email (that is, “spam”).

If XZList receives complaints that you are sending unsolicited commercial or non-commercial e-mail (”spamming”), in addition to any other rights that XZList may have under this Agreement or under applicable law, XZList may at its sole option suspend your service pending a reconfirmation of your entire membership list.

This reconfirmation may be required by XZList in any reasonable manner it determines in its sole judgment including, without limit, sending a single e-mail to all of your list members requesting confirmation of their wish to maintain their subscription to such list. Members who do not reconfirm within a reasonable time established by XZList may be deleted from the list in question.

XZList agrees to use reasonable commercial efforts to contact your designated list administrator by email or phone before suspending service. Your consent will be requested before XZList contacts your list members for the purposes of reconfirmation, however, if you do not consent to XZList contacting your list members for the purposes of reconfirmation, XZList may terminate this and all other Agreements with no compensation to you.

If XZList determines in good faith that you have been spamming, in addition to any other rights under this Agreement and applicable national law, (i) XZList will issue a one-time warning to your primary contact’s email address to cease such activity, after which if your spamming continues (ii) XZList may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to XZList which may not be fully compensable by monetary damages and (iii) XZList may recover from customer monetary losses caused to XZList by such activity in an amount equal to (a) $500 for each such item of unsolicited email which the customer has sent to each separate and identifiable e-mail addressin violation of this Rule, which amount the parties agree is a fair and reasonable estimate of XZList’s losses which would be occasioned by such violation; or (b) if XZList can establish agreater amount of monetary loss, the amount of such actual monetary loss suffered by XZList as a result of such violation including, but not limited to, any damage or loss (including attorney’s fees) resulting from any claim made against XZList as a result of Customer’s conduct in violation of this Rule.

In addition to the foregoing, Customer shall be responsible for reasonable costs incurred by XZList in bringing such actions, including reasonable attorney’s fees.

Membership Confirmation
You will use a “closed-loop” (signup plus confirmation) subscription method for all new list members. The confirmation email you send to new members may not include advertising or calls-to-action other than an appeal to confirm the member’s subscription. If you import unconfirmed (single opt-in) members directly into your list, or include advertising or other unsolicited calls-to-action in the confirmation message, be advised that you do so at your own risk, and that, in case of complaints of spamming, XZList reserves the right to terminate service.

Unsubscribing
All list messages must include the XZList unsubscribe instructions in the body or footer of the message, so that members can unsubscribe themselves from the list. List owners should respond to member requests for manual removal from the list with courtesy and timeliness. Please do not discard personal email messages you receive asking to be removed from your list. Even if the user request for removal is aggressive, unfriendly or otherwise rude, you should nonetheless make every attempt to help the user get off your list and to resolve the situation.

Email and File Sizes
If not otherwise stated in your XZList contract, total monthly email loads are based on an email message size of ten (10) kilobytes. Maximum sizes of emails are fifty (50) kilobytes and embedded images in HTML and attachments should be no larger than ten (10) kilobytes each. You may not use the XZList system as a file repository or to link to images or files outside of the normal emails that you send. Your account pricing is based on expected bandwidth use. XZList periodically checks referral data to ensure that images and files you upload to the system are not being used elsewhere.

Removal of Addresses
XZList employs a state-of-the-art bounce-handling system. For all our lists we automatically remove addresses after they have bounced three (3) times, and they will be permanently deleted from your list. This ensures that dead addresses do not clog the system and that list owners do not abuse recipients’ mail servers. List owners are encouraged to always backup their lists offline so that they may have records of these deleted addresses.

Good User Policies
Some features such as “Send To A Friend” and “Membership Account Changes” may appear visible to you when you send messages. However, if your contract does not permit you to use those functions, please do not incorporate those features into your mailings. XZList does monitor use of those features and will begin charging you for their use after a one-time warning. If your service level does not include those features, please contact your XZList representative for more details.

Membership List
You may not use the XZList System for one-time mailings to a list of members after which you delete substantially all of the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course. Violation In the event you violate these Rules, XZList may, in its sole discretion, remove your list from its server and terminate your right to use the XZList System. List owners should be aware that they are responsible for the behavior of their list members.

Emailing Role Accounts
XZList prohibits email sent to Role Accounts, unless for specific reasons that have been cleared in writing from XZList. Role Accounts are specific email aliases, such as info@, webmaster@, sales@.com, postmaster@, abuse@, that are reserved by convention to be used by departments, job roles, or distribution lists for groups of people. If you know of any of your subscribers using a role account, please let them know that they should use a personal email address or another email account to subscribe to your list.