Cherish Your Day (CYD)
CYD is committed to
permission-based email marketing practices, and as a result has
established this no-tolerance Anti-Spam Policy. CYD will
occasionally update this Anti-Spam Policy. When it does, CYD will
also revise the “last update” date at the top of this Anti-Spam
Policy. For changes to this policy, CYD will notify you (the
customer) by placing a notice on its web site home page.
1. What is Spam?
Spam is commercial email or unsolicited bulk
email, including “junk mail”, which has not been requested by the
recipient. It is intrusive and often irrelevant or offensive, and
it wastes valuable resources. Spam messages are the opposite of
permission-based email, which are normally anticipated, personal,
relevant and/or associated with a pre-existing business or personal
relationship. Inappropriate newsgroup activities, consisting of
excessive posting of the same materials to several newsgroups, are
also deemed to be spam.
2. Preventing Spam
Users of the
CYD web site, subscribers to the
CYD products and services have
agreed during their registration process, upon accepting the Terms
of Use, to comply with this Anti-Spam Policy. Specifically, each
customer agrees not to use the
CYD products or services to send
unsolicited email or bulk email, whether or not for commercial
CYD reserves the right to determine
in its sole discretion what constitutes actionable spam, as well as
what measures are necessary in response to such spam activities.
CYD Helps You to Avoid Spamming
CYD has developed its Internet
marketing tools to incorporate a strict permission-based
philosophy. This anti-spam philosophy is implemented through the
(a) Communication and Agreement – The Terms of
Use that you have agreed to as part of registering for the
CYD products and services state how
and for what purposes you can collect your site visitor addresses,
and that you will follow the
(b) Un-subscription – Each email created using
CYD products contains an
“unsubscribe link”. If your web site visitors use the link to
request that they be un-subscribed, your subscriber lists will
automatically be adjusted to eliminate the prospect of sending
unwanted email to such persons. Additionally, each person on your
subscriber list has the option of un-subscribing through a web-based
method provided on the
CYD web site. Customers of
CYD who try to remove the
unsubscribe link will be warned that they are doing so, and if they
persist in having the link removed or deactivated in any way, then
CYD will have the right to
terminate their account.
(c) Purchased Mailing Lists - Mass mailings to
purchased email lists are not allowed.
CYD only allows opt-in mailing
lists. Purchased or inherited lists are by definition not opt-in.
Similarly, you cannot use an email list relating to particular
subject matter, and then use it for an unrelated topic.
4. Laws Restricting Spam
Spam laws vary from state to state, and from
country to country. This
CYD Anti-Spam Policy has been
developed to conform to the highest commercially reasonable
standards. As a result, and without limiting the general
prohibitions against all spam activities, the following are
(a) Use of false headers, or other false
information, to identify the point of origin or the transmission
path of the email, or to hide the true origin of the email sender,
(b) Unauthorized use of a third party’s
internet domain name without the permission of such third party, to
make it appear that the third party was the point of origin of the
(c) Use of any false or misleading information
in the subject line of the email, and
(d) Assisting any person in using the products
or services of
CYD for any of these
previously mentioned activities.
5. Questions to Ask Yourself
To help in establishing whether you are
participating in activities constituting spam, ask yourself the
(a) Are you sending email to non-specific
addresses, such as firstname.lastname@example.org or email@example.com?
(b) Have you deliberately falsified your
transmission path information or originating address?
(c) Are you sending email to mailing lists or
distribution lists, which then send indirectly to various other
(d) Have you imported for use a purchased list
of any type?
(e) Are you continuing to mail to anyone who
has asked to be deleted from your mailing list?
(f) Does your email not provide a fully
functioning link to unsubscribe?
(g) Does you email subject line contain false
or misleading information?
(h) Have you used a third party’s email
address or domain name without the party’s consent?
If you answer yes to any of these questions,
you are likely involved in spam activities, and should stop those
6. Measures to Enforce the Anti-Spam Policy
CYD customer found to be using
CYD products or services for
spamming purposes may, at
CYD’s discretion, will be
immediately cut off from use of all
CYD products and services and/or
fined US $1,000 per occurrence, with no refund of fees that have
CYD warns all of its subscribers
when signing up that if they participate in spamming activities they
will be subject to the loss of
CYD services, fines, and possible
CYD has the right to actively
review its customers’ subscriber lists and email for suspiciously
large broadcasts. If
CYD finds any customers to be
spamming, it will issue a warning, and if the activities are serious
CYD will take action immediately.
CYD has any reason to believe that
the customer, despite warning being given, threatens to or is
continuing to send spam, then
CYD may take action immediately,
including disabling the customer’s account and/or reporting the
customer and the incident to the proper authorities.
CYD does not attempt to censor any
content, nor to curtail the business of its customers. However,
spam activities do not fall within uses authorized by
CYD, and will not be tolerated.
7. Reporting Spam
If you believe that you have received spam from
or through CYD’s facilities, please send a complaint from your email
account along with the unsolicited email, with completed header, to
Please provide any other information that you believe may help us in
CYD does not investigate or take
any action based on “anonymous” spam complaints.
8. False Spam Complaints
CYD supports the efforts of various
organizations working to responsibly eliminate spam activities.
However, if an individual has opted-in to receive email from a
CYD, and then falsely or
maliciously files a spam complaint against
CYD or its customers,
CYD will cooperate fully with the
appropriate agencies to ban the complainant from use of anti-spam
software and the Internet community.