The Network Innovation Associates, Inc. (hereafter referred to as “NIA”) Mass Mailing Restrictions are part of NIA’s’ Acceptable Use Policy and are applicable to all users of NIA’s Services providing Internet access, including such NIANET and NIASAT Services.
NIA prohibits any customer use of its SMTP Servers to send mass mailings, defined as any mailing to more than 250 users. For those customers sending mass mailings with the use of their own SMTP Servers but with the use of NIA’s’ Internet access services, NIA permits only those mass mailings that comply with the requirements stated below, one of which is that such mass mailings be to recipients who have chosen to “opt-in” or volunteered to receive them.
NIA may determine, in its sole discretion, whether a complained-of email was unsolicited. Our receipt of complaints from the recipients of an email that such email was unsolicited or is Spam would support a determination that the email was unsolicited. In addition to it our other rights under our AUP, we reserve the right to charge a Customer $150 per hour, or any part of an hour, that we spend handling complaints that Customer is sending unsolicited email, in the absence of clear proof from Customer to the contrary.
Mass mailings that are permitted under these Mass Mailing Restrictions should not be confused with Spam, which is prohibited. Spam is defined as unsolicited bulk e-mail that includes advertisements or solicitations, commercial or otherwise, regardless of content. Without exception, our Mass Mailing Policy Restrictions prohibit the practice of mass mailing unsolicited e-mail solicitations of any type, regardless of content.
These Mass Mailing Restrictions are designed to assure that NIA’s services are used in a responsible, legal manner and in compliance with the requirements of NIA’s’ own service providers.
Requirements for Permitted Mass Mailings
- Use of non-NIA servers for originating mailings.
- Delivery of all mass mailings: (i.e. mass mailing sent by a domain hosted or not hosted by NIA to domains hosted by NIA) must be delivered through NIA or its subcontractors inbound MX machines.
- Each mass mailing e-mail must contain valid “From”, “Reply-To”, “Return-Path” and “Error-To” headers and each e-mail address must accept any bounces at the rate they may occur.
- Valid “Abuse contact”: customers who send/receive mass mailings MUST supply NIA with an emergency “abuse contact” to contact if there are any problems/complaints associated with the mailing.
- All mass mailings must not only be “opt-in” but also must have a post-receipt “opt-out” feature that, if exercised by recipient, confirms that recipient will not receive future mailings.
- NOTE: Failure to comply with these requirements set forth above may result in:
- Blocking of the mailing currently causing the problems/complaints
- Blocking of future mailings until the above requirements are satisfied (or until there is an agreement with or special dispensation made by the NIA Abuse Administrator).
- Suspension or termination of Internet access services.
- If no “abuse contact” is provided to NIA, NIA reserves the right to block mailings without notifying customer.