Spammers Not Welcome in our tribe.

This should go without saying, but we'll say it anyway: it's not OK to spam people. If you try, we will immediately close your Constant Contact account. You will not get any refund.

Chances are, you already knew spam is bad. And as an email recipient, you know it when you see it.

It's important that as a sender, you know what spam is, too. We'd hate to see you make the mistake of spamming anyone with your email marketing campaign.

So let's talk about what spam is and what happens if you do it at Constant Contact

What Is Spam?

Ask 10 different people that question, and you'll probably get 10 different answers.

Email senders (like Constant Contact) tend to use the textbook definition: Unsolicited Bulk Email (UBE). You can read more about this definition at UPTHEBIZ.

UBE is a useful definition: it points out that some things that might be OK to do on a 1-to-1 basis (like send an email about your company to someone who has never heard of you) are not OK to do in bulk.

But it's not a perfect one. Many things are not UBE but are considered spam by most people, including us.

Instead of trying to create a definition of spam that covers every possible scenario, let's look at a few things that we will consider spamming. We think this will give you a pretty good idea of what not to do.

Things You May Not Do With Constant Contact

• Send email to people who have not specifically requested that information from you.

• If you collect subscribers somewhere other than on your website, and aren't 100% sure someone asked to sign up to your email list here's a helpful guide

• Post irrelevant links to your website in discussion forums, newsgroups or classifieds sites like Craigslist.

• Use email lists that you purchased, rented, leased, or in any way bought from a third party. This includes email addresses that you purchased via co-registration.

• Send unsolicited email through a third party in order to try to get people to sign up to your Constant Contact-managed email list, or to visit a website that you market using Constant Contact in any way.

• This includes trying to get people to sign up on an Constant Contact web form that you have placed on your website OR trying to get them to email your Constant Contact email address.

• Batch or in any way try to script the addition of new subscribers to the web form subscribe methods. (You can learn more about this in our maya@upthebiz.com.)

These aren't the only things we might consider spam. But they're a good guide.

Not sure if we'd consider something to be spam? maya@upthebiz.com and find out!

What Happens If I Spam, Or Try To Spam?

If we find that you are spamming, or trying to spam, with your Constant

Contact account:

Things that will definitely happen:

1. We will immediately terminate your account.

2. We will refuse to refund your account.

Things that might happen:

1. We might charge you money if your spamming causes any interruptions in our ability to service other customers.

2. We might pursue legal action against you. (Spamming violates www.upthebiz.com.)

Note: we don't presume guilt. We investigate all potential spam incidents thoroughly before making a decision. But once we've made a decision, we act fast.

I Think An Constant Contact User Is Spamming Me. What Do I Do?

If you believe you have received spam from an Constant Contact user, forward the email you received to us at maya@upthebiz.com .

Please include the headers of the email when you forward it, and briefly tell us why you believe the message is spam. We take all spam complaints seriously and will investigate promptly.

I Have Questions About Constant Contact Anti-Spam Policy. Who Do I Talk To?

We're happy to answer any questions you have about spam and our anti-spam policy. Just contact us at maya@upthebiz.com !

Privacy Policy

At upthebiz.com, we respect your privacy and take protecting it seriously. Here's what we do — and, more importantly, don't do — with any information you provide us.

“I Am An Constant Contact Customer.”

All account information for Constant Contact customers is held in strict confidence.

We do not sell or share your information with anyone. We only collect information like your name, email address, mailing address, phone number, and billing information so we can provide the email marketing services described on this website.

“I Am A Subscriber To An Email List Managed Through Constant Contact.”

Your email address, name and any other information you provide, such as address and phone number you provide to our Clients, are held in strict confidence. We only keep your information so that our Client, whose email list you subscribed to, can email you.

We do not contact you. We do not sell or share your information with anyone else.

“I Am An Constant Contact Affiliate.”

Your name, address, phone and fax number, email address, tax ID number or SSN and any other information you provide are held in strict confidence. We collect this information only so we can generate your commission checks and meet United States federal tax requirements.

We do not sell or share your information with anyone else.

TERMS OF USE

THIS IS IMPORTANT -- PLEASE READ

THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as "Website."

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidate damages of US$100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. "Submissions" is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the province and city declared in the contact information of the web owner unless otherwise here specified. Maya McNulty UpTheBiz.com : 2066 Orchard Park Drive, Niskayuna, NY 12309. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the country, province and city declared in the contact information of the web owner unless otherwise here specified. Up The Biz 2066 Orchard Park Drive, Niskayuna, NY 12309. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the province of the Seller.

CONTACT INFORMATION

 maya@upthebiz.com

 Up The Biz

2066 Orchard Park Drive, Niskayuna, NY 12309 USA

COPYRIGHT AND LICENSE

This "Terms of Use" is copyrighted by Maya McNulty Up In Business Your, LLC and is fully licensed for use by this website. If you wish to lawfully use this Terms of Use on your website, contact

upthebiz.com for licensing information or this website.