brilliantMail Anti-Spam Policy

Our Policy

brilliantMail has a zero-tolerance spam policy. brilliantMail's technical staff actively monitors large import lists and emails going to a large or unusual volume of subscribers. Any customer found to be using brilliantMail for spamming is subject to immediate suspension and/or termination, without refund. Spam should be reported to abuse@brilliantmail.com.

What is Spam?

Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a Pre-existing business relationship?

The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you at which point they requested to receive email from you.

What constitutes consent?

The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.

Isn't there a law against sending Spam?

The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

How brilliantMail protects you from sending spam

brilliantMail follows a strict policy for sending email:

    Communication & verification

  • brilliantMail account registration requires your confirmation of a physical mailing address for your company or organization, and a valid, personal email address to be used for sending newsletters. Additionally you are required to agree to the brilliantMail terms of use.

    • Unsubscribe

  • Every newsletter generated by brilliantMail contains an unsubscribe link which allows your subscribers to opt-out of future email campaigns and automatically removes their email address from your subscriber list. Their email address is immediately placed in the ‘Do Not Disturb Database’, and should you try to add that recipient to your list again, upon validation against the DNDDB, your request will be accepted or denied.

    • Identification

  • Your email header information is correct because it is pre-set for you by brilliantMail. Your email campaign's "From" address is verified and already accurately identifies you as the sender.

    • Contact Information

  • all of your emails are pre-filled with your contact information including your physical address and telephone number.

How to ensure you are not spamming:

Ask yourself the following questions before using brilliantMail to prevent spamming.

  1. Are you importing a purchased or acquired subscriber list of ANY kind?
  2. Are you sending to non-specific, non-personal addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general email addresses?
  3. Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses outside of your control?
  4. Are you mailing to anyone who has not explicitly agreed to join your mailing list?
  5. Have you falsified your originating email or physical mailing address?
  6. Have you used a third party email address or domain name without their permission or knowledge?
  7. Does your email's subject line contain false or misleading information in regards to the content?

If you have answered YES to ANY of the above questions you will likely be labeled a spammer and your brilliantMail account will be subject to suspension and/or termination, without refund. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact brilliantMail Spam support at abuse@brilliantmail.com.

brilliantMail Can-Spam Compliance

As of January 1, 2004 federal law requires that all email services providers follow strict, regulatory guidelines regarding permission-based email marketing. The brilliantMail policy below provides you with specific CAN-SPAM requirements and a summary of brilliantMail’s compliance with these standards:

Provide an unsubscribe method:

"It is unlawful for any person to initiate the transmission of any commercial electronic mail message to a protected computer unless the message provides --(ii) clear and conspicuous notice of the opportunity under paragraph (3) to decline to receive further commercial electronic mail messages from the sender" (CAN-SPAM Act of 2003, 10)

brilliantMail automatically includes an unsubscribe link in the footer of every newsletter sent. In addition, recipients can forward messages to unsubscribe@brilliantmail.com to unsubscribe.

Process all unsubscribe requests within 10 business days

"If a recipient makes a request using a mechanism provided pursuant to paragraph (3) not to receive some or any commercial electronic mail messages from such sender, then it is unlawful--(i) for the sender to initiate the transmission to the recipient, more than 10 business days after the receipt of such request, of a commercial electronic mail message that falls within the scope of the request;" (CAN-SPAM Act of 2003, 9).

When a subscriber clicks the link to unsubscribe from a mailing list, brilliantMail immediately removes that email address from the sender’s mailing list. Should a subscriber accidentally remove themselves and wish to be added again, they can do so by manually submitting a ‘re-subscription request’ on the brillianMail.com website. brilliantMail allows subscribers to unsubscribe from an individual list or all lists maintained by the sender. In addition, brilliantMail provides the ability for recipients to file complaints about a sender.

Include a physical postal address in all messages

"It is unlawful for any person to initiate the transmission of any commercial electronic mail message to a protected computer unless the message provides--(iii) a valid physical postal address of the sender" (CAN-SPAM Act of 2003, 10).

brilliantMail provides a default footer at the bottom of all newsletters with the physical mailing address of the sender’s company or organization. Falsification of the mailing address subjects the sender’s account to suspension and/or termination.


Provide valid 'from' and 'reply to' email addresses

"It is unlawful for any person to initiate the transmission to a protected computer of a commercial electronic mail message that does not contain a functioning return electronic mail address" (CAN-SPAM Act of 2003, 10).

Upon setting up a new account, brilliantMail requires a valid email address before sending any emails, and the validity of that address is verified prior to the sender’s use of our services.

Provide accurate subject lines and content

"It is unlawful for any person to initiate the transmission to a protected computer of a commercial electronic mail message if such person has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that a subject heading of the message would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message" (CAN-SPAM Act of 2003, 9).

The subject line should clearly define what the message is about, not misleading the recipient in any way about the content or subject matter of the message. For content containing promotions and advertisements, the sender must include a conspicuous notice identifying them as such, or risk suspension and/or termination.

Provide truthful mail headers

"Whoever, in or affecting interstate or foreign commerce, knowingly--`(3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages, or conspires to do so, shall be punished as provided in subsection (b)." class=GramE>(CAN-SPAM Act of 2003, 5).

The CAN-SPAM act prohibits the use of false e-mail headers to deceive recipients about the origin of a commercial e-mail message. brilliantMail maintains control of all mail headers preventing clients from falsification.

Maintain an email suppression list

"The person initiating a commercial electronic mail message may comply with subparagraph (A)(i) by providing the recipient a list or menu from which the recipient may choose the specific types of commercial electronic mail messages the recipient wants to receive or does not want to receive from the sender." (CAN-SPAM Act of 2003, 9).

brilliantMail maintains a ‘Do Not Disturb Database’ of all recipients that have unsubscribed from any newsletter generated by our service. When a sender adds a new recipient to their list, the address is validated against the DNDDB before being accepted.

Adhere to permission-based marketing activities

"Affirmative consent means that the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient's own initiative; and(B) if the message is from a party other than the party to which the recipient communicated such consent, the recipient was given clear and conspicuous notice at the time the consent was communicated that the recipient's electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages." (CAN-SPAM Act of 2003, 9).

brilliantMail requires that all clients have a prior business or personal relationship with their subscribers, before adding them to a list. In addition, all clients should confirm or verify that recipients want to receive mailings before adding them to their list. Purchased email lists are not allowed, the use of which will result in the suspension and/or termination of your account.

brilliantMail maintains the right to suspend or terminate any account in the event of suspected or actual infringement of the CAN-SPAM Act of 2003. Accounts which are suspended or terminated due to real or suspected abuse, are not eligible for refunds of any kind.

For more information, read the entire CAN-SPAM Act of 2003:

http://www.spamlaws.com/federal/can-spam.shtml