You shall not send email with an invalid "From:" or "Reply-to:" address. All messages sent to your list must contain valid email addresses and you must be responsive to all replies from members of your list, including unsubscribe requests. All list messages must include opt out (unsubscribe) instructions in order that members can opt themselves out from such list. You may not refuse or ignore opt out requests from members of your list. List owners should respond to member requests for manual removal from the list with courtesy and timeliness. You may not use Forfront for one-time mailings to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members opt in (subscribe) or opt out themselves in the ordinary course.
You may not use the Services to send unsolicited email ("spam"), commercial or noncommercial. Your email will be considered unsolicited if your membership addresses are not 100% opt-in by your email list members. If your email addresses came from harvesting, a purchased email list, another mailing list (even with the approval of the list owner), or were compiled by any other method other than direct subscription from your email list members, for the purposes of this Agreement, those emails will be considered unsolicited email ("spam"). If we receive complaints that you are sending unsolicited commercial or non-commercial email ("spamming"), in addition to other rights that Forfront may have under these Conditions or under applicable law, Forfront may, at its sole discretion, suspend your service pending a reconfirmation of your entire email list membership. There is no reduction or refund of fees during any period of suspension. This reconfirmation may be carried out by Forfront in any reasonable manner it determines, in its sole discretion, including without limit, sending an email to all of your list members requiring confirmation of their wish to continue their subscription to such list.
If Forfront determines in its sole discretion that you have been spamming, in addition to any other rights under these Conditions or under applicable law, (i) Forfront may bring an action in any court of competent jurisdiction to stop such activity, it being understood that such activity may cause irreparable harm to Forfront which may not be fully compensatable by monetary damages and (ii) Forfront may recover from the Client monetary losses caused to Forfront by such activity in an amount equal to (a) £500 for each such item of unsolicited email which the Client has sent to each separate and identifiable email address in violation of this Rule, which amount the parties agree is a fair and reasonable estimate of Forfront' losses which would be occasioned by such violation; or (b) if Forfront can establish a greater amount of monetary loss, the amount of such actual monetary loss suffered by Forfront as a result of such violation including, but not limited to, any damage or loss (including legal fees) resulting from any claim made against Forfront as a result of Client's conduct in violation of this Rule. In addition to the foregoing, Client shall be responsible for costs incurred by Forfront in bringing such actions, including legal fees.
Forfront monitors the content of emails created by the Client and may at its discretion immediately and without notice to the Client suspend the Services if it considers in its reasonable opinion that the Client is in breach of any of the provisions of the above paragraph 7 and no refund of payments to Forfront will be made. Forfront accepts no responsibility or liability to the Client for any direct or indirect loss or damage that may arise under this paragraph.