By creating an account and agreeing to our Terms of Use, you are also agreeing to follow this Anti-Spam Policy.

Spam refers to any email sent to someone who hasn’t specifically granted permission to receive emails on the subject matter. Sending one unsolicited message to a person is not generally considered spam, but sending an unsolicited message to a large list of people you don’t know is spam.

To send emails through UpSendly, you must have explicit permission from each contact. Acceptable ways to gather permission include:

• A newsletter sign-up form on your website.
• An opt-in checkbox on a form. This checkbox must be unchecked by default, and the user must actively select it to indicate consent to receive your emails.
• Offline consent through a form or survey, provided the individual was informed they would receive emails and chose to opt-in.
• Customers who have made a purchase from you within the last 2 years.

You may not send emails to any address if:

• You lack explicit, verifiable permission to email them on the specific topic.
• The address was acquired through purchase, rental, or from any third party, regardless of the claims about quality or consent.
• You haven’t communicated with the contact within the last 2 years. Permission diminishes over time, and inactive contacts may not remember giving consent.
• The address was sourced from web scraping or copying without permission. The public availability of an email does not imply consent to be contacted.

Each email sent via UpSendly must contain a clear and easily accessible unsubscribe link that allows the recipient to opt-out instantly. Once a contact unsubscribes, you must stop sending them emails unless they choose to resubscribe.

UpSendly reserves the right to suspend accounts with high levels of spam complaints (above 0.15%), bounces (above 4%), unsubscribes (above 0.8%), or low open rates (below 5%). If our investigation finds that emails were sent without proper consent, the account may be permanently terminated. We may request evidence of consent, and accounts without valid proof may remain suspended. Accounts that provide proof of consent will be reactivated and able to use UpSendly services again.

UpSendly is committed to compliance with the CAN-SPAM Act to prevent and address spam in email marketing practices.

This section ensures compliance with the Canadian Anti-Spam Legislation (CASL), which governs the sending of commercial electronic messages (CEMs) to Canadian recipients. By creating an account and agreeing to our Terms of Use, you also agree to follow this CASL-compliant Anti-Spam Policy.

To send emails through UpSendly to Canadian contacts, you must have express consent or implied consent as defined under CASL.

Express Consent: This is obtained when a person voluntarily gives you permission to send them emails, typically through opt-in forms or surveys, where the intent to send promotional messages is clear. Express consent is indefinite unless the person withdraws it.

Implied Consent: You may send emails without explicit permission if:

• The recipient has an existing business relationship with you, having made a purchase, inquiry, or contract within the last 2 years.
• The contact’s email address was obtained through a public business directory, and the message is relevant to their business.

Each email sent through UpSendly must contain a functional and easily accessible unsubscribe link that allows the recipient to opt-out. Once a contact unsubscribes, you must cease sending them emails immediately unless they resubscribe in the future.

We may request evidence of consent for emails sent to Canadian contacts. It is essential to maintain verifiable records, including timestamps, IP addresses, or screenshots of opt-in forms. If consent records are not available, UpSendly reserves the right to suspend accounts to maintain CASL compliance.

In addition to general account suspensions for high spam complaints or bounce rates, accounts contacting Canadian recipients may be reviewed for CASL compliance. Accounts found in violation of CASL regulations may be terminated.

Last updated on January 22, 2025