TextSpark's Anti-SPAM Policy

TextSpark is a permission-based email, voice broadcast, and mobile communication tool that follows strict philosophies:

• Communication - Your TextSpark online sign-up page must state why you are collecting the person's contact information, how you plan to use the contact information, and must follow TextSpark's Terms of Use and Privacy Policy.
• Unsubscribe - Every email sent from TextSpark contains an unsubscribe link which allows contacts to opt out of future emails and automatically updates your contact lists by removing the user. The same result is obtained if a user replies to any mobile text with the "STOP" command. Recipients of voice broadcasts can opt out of voice calling by pressing "7" to unsubscribe as well. Subscribers can also call the TextSpark Unsubscribe Hotline at 1-866-866-0009.

If you answer YES to ANY of the questions below, you will likely be labeled a spammer. For more information, contact TextSpark Customer Support.

• Are you sending to non-specific email addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general email addresses?
• Are you sending to email distribution lists which send indirectly to a variety of email addresses?
• Are you sending emails, or mobile texts to anyone who has not opted in or explicitly agreed to join your distribution list?
• Are you sending solicitation message to any phone number without prior express written consent?
• Do your emails, voice broadcasts, or mobile texts contain false or misleading information?

TextSpark has a no tolerance anti-SPAM policy. Any TextSpark user found to be sending spam will be immediately cut off from use of the service and may be subject to legal action by TextSpark, government authorities, or the recipients of your messages. Evading TextSpark's monitoring system or the delivery of spam messages through the system is a clear and serious spam violation. If you know of or suspect any violators, please notify us immediately by clicking here.

Every out-going email via the TextSpark service contains a mandatory unsubscribe link that allows the recipients to remove themselves from your mailing distribution list(s). Voice broadcasts must also include verbal instructions on how to be removed from your calling list. In the case of mobile messages, the initial message must include STOP instructions to opt out of text messages. To unsubscribe, recipients are prompted to text STOP to the short code that sent the unwanted message. If the unsubscribe link is removed or de-activated in any way, or if the text STOP verbiage is omitted, TextSpark will terminate the customer's account.

• What is Spam? Spam is any type of unsolicited messages. By sending messages to only those who have explicitly requested to receive it, you are following accepted permission-based messaging guidelines. You should not assume a preexisting relationship to be a substitute for explicit consent to send messages. For example, if your customer disclosed a mobile number in a normal course of business but did not specifically express consent to receive your message, you cannot send messages to the number. If it is discovered that you have been delivering any type of message to recipients who have not granted you consent, you will be held fully accountable for your actions. You are subject to any legal actions that result from such violations including class action suits whether you use our standard user interface or API. Please refer to the following list of resources to help combat possible spam violations:
  • TCPA
  • CAN-SPAM Act
  • MMA
  • CTIA
• What constitutes consent? The recipient of your message has been clearly and fully notified of the collection and use of his or her contact information and has consented, as required by law, prior to receiving your calls or messages. Consent can be obtained in handwritten form or via email, website form, text message, or other methods in compliance with the E-SIGN Act. You will have to obtain consent from the recipient of your messages, even if you previously had a business relationship with the recipient. You DO NOT have consent if any person purchased a product or service from you or partakes in an event, meeting, conference or general gathering. Nor do you have consent if a person "Likes" or "Follows" your business on Facebook or Twitter. If you require people to confirm that they opt in to your system but have not received a response from those people, then you DO NOT have sufficient consent and may not send messages to those individuals. Subscribers must also be aware that consent is not a condition of purchase.
• What constitutes prior express written consent? If you are sending text or voice messages for solicitation purposes, then your campaign must meet the "prior express written consent" standard. The revised TCPA rule defines "prior express written consent" as a signed written agreement that clearly and conspicuously discloses to the consumer that:
  • By signing the agreement, he or she authorizes the seller to deliver telemarketing messages to a designated phone number using an automatic telephone dialing system and
  • The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.
• At TextSpark's discretion, any account will be suspended without a refund if the account knowingly or unknowingly contributes to spam or violates federal, state, local or carrier laws or rules. In addition, in TextSpark's defense, TextSpark may be required to assist the parties claiming damages from your actions related to spam.
• You agree to not access or use ANY third party mailing lists for email addresses, instant message screen names, or phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.
• You agree to import, add, edit, access or use only lists for which all listed parties have opted in to receive correspondence from you ("Permission-Based Lists"). You hereby covenant that you shall not use any other lists in connection with your use of the service. In addition, it is prohibited to import phone numbers without tangible proof of the subscribers' explicit consent to receive messages. Doing so will deny you of this feature or be subjected to a stringent qualification process to comply with various local and federal laws. The process includes the proof of method for opt-in, to provide evidence of opt-in, your legal identity and your organization's identity.
• You acknowledge and agree that not all messages sent via TextSpark's service will be received by their intended recipients. For example, sending a message to a distribution list may deliver messages to unintended recipients due to the list changing. It is your responsibility to keep your distribution lists updated.
• You agree to comply with all local, state and federal regulations and general practices governing your specific content or promotion type. Additionally, content affiliated with pornographic or sexually explicit material or alcoholic beverages is prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted to people under 21 years of age may not be sent through the system.
• You will adopt and maintain the Privacy Policy, which may be modified by TextSpark at any time for any reason.
• You agree to identify your organization, product and service accurately and not deceive your recipients in any message with reference to your identity, offering, availability, pricing, benefits, and any other aspects of your communication.