Anti-Spam Policy

To send the same message indiscriminately to a large number of recipients, send unsolicited commercial email, generally not allow an option to unsubscribe, send junk or bulk mail, sending numerous amounts of short messaging service messages, or to send a singular message repeatedly to a singular individual or entity over the internet (hereinafter “Spam”) is absolutely prohibited by FunnelMaker®. FunnelMaker®, developer and provider of the FunnelMaker® system suite of email and mobile SMS marketing tools, along with FunnelMaker® partners and affiliates who make FunnelMaker® system available to their customers, support ONLY permission-based email and mobile marketing practices. In this regard, FunnelMaker® has implemented some of the strictest policies in the email industry and supporting procedures that:

• Help prevent the FunnelMaker® system from being inappropriately used for the purpose of unsolicited email or short messaging service ("SMS") campaigns.
• Require permission-based marketing.
• Promptly respond to all factually supported complaints suggesting the FunnelMaker® system has been used as a vehicle to send unsolicited email or SMS messages.

FunnelMaker® itself periodically monitors import lists and outgoing emails and SMS messsages for suspiciously large intended or actual broadcasts that could possible be considered Spam. If any activity of Spam is detected by FunnelMaker®, such Spamming conduct is immediately halted by FunnelMaker®, and such FunnelMaker® user is subject to being permanently barred from ever using FunnelMaker® (or any of our Partners', affiliates' and/or internet service providers (hereinafter "ISPs")) systems.

In addition to wasting valuable resources and time, Spam is considered by FunnelMaker® intrusive, costly, irrelevant and offensive.  Spam is the opposite of permission-based emails - those that are anticipated, personal, relevant and often associated with a "pre-existing business or personal relationship."

Unsolicited Email or Spam Complaints and Recommended Action/Appeal Process

If an email is sent out through FunnelMaker® that generates a Spam complaint or that an unsolicited email has been sent from the FunnelMaker® system tools, an investigation is initiated. The FunnelMaker® user is then notified that an unsolicited email complaint has been lodged against them and a demand is then issued to "show proof" that the complainant opted in to the user's list. The FunnelMaker® user is reminded of the terms they accepted in the End User License Agreement (including possible legal ramifications if the user is guilty of Spamming). In addition, the complainant's email address is automatically tagged as "unsubscribed" if the complainant did unsubscribe--so no further emails are sent to the complainant. The FunnelMaker® user is also required to manually remove the complainant's email address from their contact list of opt in email if the complainant did not unsubscribe.

Appeal Process - A FunnelMaker® user may appeal such complaint by providing a record of when that particular recipient chose to opt into the FunnelMaker® mailing list (hereinafter the “Opt In Record”).  The FunnelMaker® user shall solely be responsible for keeping and providing the Opt In Record that proves that the recipient chose to receive the email and was not simply put on such list unilaterally by the FunnelMaker® user.  If the FunnelMaker® user cannot provide FunnelMaker® with the Opt In Record, then the appeal shall be considered unsuccessful and the individual Spam complaint shall be assessed up to a $100 fine; fines vary depending on complaint.

Termination of FunnelMaker® User - If FunnelMaker® has ANY reason to believe the user of the opt in email, despite the warnings, is or will continue to send unsolicited bulk email to more than 10 individuals without the particular individuals permission, or any complainant who has previously unsubscribed, the user's FunnelMaker® account privileges are subject to immediate termination without penalty recourse or fee.

Requiring Users to Sign an End User License Agreement

All users of the FunnelMaker® system must abide by our Terms of Use. (Attached hereto as Exhibit “1”) Under FunnelMaker's Terms of Use, the FunnelMaker® user promises and represents to FunnelMaker® that they will not abuse the FunnelMaker® system for their own benefit or send Spam to FunnelMaker® recipients. The FunnelMaker® user makes specific representations, and promises not to send unsolicited bulk email or SMS messages, for commercial or non-commercial purposes (unsolicited bulk email is defined as email sent to more than 10 individuals without end user’s express permission).

The Terms of Use also include such promises by the FunnelMaker® user as to not post, upload or otherwise transmit:

• any content related to inappropriate subject matters;
• any content to "rented" or "purchased" lists;
• any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene;
• libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• any content that you do not have a right to post and transmit under any law or contractual/fiduciary relationships;
• any content, such that such posting, uploading, or transmission constitutes the infringement of any patent;
• trademark, trade secret, copyright or other proprietary rights of any party;
• any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• any materials which imposes an unreasonable large load on our infrastructure;
• any content that is harmful to minors;
• content that intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• content that is misleading or impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
• content with manipulated, or forged identifiers;
• content promoting harm or providing instructional information about illegal activities;

Once Email Recipients Unsubscribe, Suppression Mandatory not Permissive

With regard to email campaigns, all users of FunnelMaker® must also accept that an unsubscribe option be automatically appended to every email sent to more than 100 people via the FunnelMaker® system. This is mandatory. When the unsubscribe option is requested by an email recipient, FunnelMaker® system automatically suppresses emails to that email address in future campaigns. This suppression feature is also mandatory.

In the event that a FunnelMaker® user violates any one of our usage rules, or for any other reason deemed appropriate by FunnelMaker®, in the sole discretion of FunnelMaker®, FunnelMaker® reserves the right to suspend or terminate such user, without notice that user’s access to the FunnelMaker® system user's account and all related data. FunnelMaker® relies on feedback from various governmental and industry sources, a network of the leading ISP's in the world and millions of email recipients to assist in our policing against spam.

Free Anti Spamming Tools

FunnelMaker® offers free tools like confirmed opt-in subscription forms to encourage FunnelMaker® system users to create and manage confirmed opt-in lists of contacts. By building and using confirmed opt-in lists, FunnelMaker® system users can be certain that they are sending emails to recipients that have expressly given their permission, and requested, to receive such emails. If a FunnelMaker® System user desires to allow people to subscribe to any of their email lists on the FunnelMaker® system, they are required to use FunnelMaker®'s confirmed opt-in subscription form for an opt in email.

Think You've Been Spammed?

If you have, please follow the following easy steps:

1. Immediately unsubscribe using the "unsubscribe" link at the bottom of the email.
2. Forward the unsolicited email to [email protected] and provide any other information that you believe may help us in our investigation.

Many spam complaints are registered with anti-spam agencies. We fully support the efforts of agencies working to responsibly curtail the sending of unsolicited commercial email. However, if an individual specifically opted-in to receive FunnelMaker® email, and then falsely and/or maliciously files a Spam complaint against FunnelMaker® alleging they did not, FunnelMaker® will cooperate fully with appropriate agencies to ban that particular user from further use of anti-spam software and the community.  Thank you for reviewing our Anti-Spam Policy.