Where Trapoc stands on spam
At Trapoc Email, we've crafted a strong, zero-tolerance anti-spam policy to protect the delivery rates and reputations of our customers. If you feel one of our customers has sent you spam, please email us below and we'll immediately take steps to solve the problem.
Our Anti-Spam Policy
Simply stated, we at Trapoc Email are anti-spam. We hold the privacy of all users in the highest regard, as well as the recipients of emails sent by our customers.
The Federal CAN-SPAM Act
The Federal CAN-SPAM Act, put into law in 2003, dictates rules in sending commercial email. We at Trapoc vigorously follow these rules and add a few more for added safety, they include:
• If you are sending commercial email, non-personal, business-focused email, you must have specific permission to email your recipients. You can do this by using opt-in or closed loop opt-in to sign up subscribers.
• When you use opt-in, you must make a reasonable effort to make certain the person who signed up to receive communications from you is who they say they are.
• You must hang on to evidence that subscribers have given you permission, and must be able to produce that evidence within 72 hours of request.
• You must tell you recipients, in your email, where you got their info. This might include a line that says "you received this email because you signed up for our newsletter at www.Trapoc.xyz.
• You must honor all unsubscribe requests within 10 days of receipt and provide a reasonable way for customers to unsubscribe.
• You must be able to track down anonymous complaints.
• You must tell the truth in your email, from where your office is located to who is sending the actual communication.
All Trapoc Email customers are bound, by law, into following these guidelines. If you are sent an unexpected email from a Trapoc customer, please let us know, but understand that there are steps you can follow:
• Click on the unsubscribe link in the unexpected email you receive.
• Contact our support staff and request that we take you off all all potential emails from Trapoc
• If you feel one of our customers has sent you spam, please contact us atsupport@Trapoc.xyz
Thanks for using Trapoc. This policy explains the what, how, and why of the information we collect when you use Trapoc. It also explains the specific ways we use and disclose that information. We never sell lists or email addresses.
We’ll start by getting a few definitions out of the way that should help you understand this policy. When we say "we," "us," and "Trapoc,” we’re referring to Trapoc.xyz, a limited liability company. When we say “you” or “Member,” we’re referring to the person or entity that’s registered with us to use the Services.
In the course of providing the Services, we may collect Personal Information, which means information about a Member. A "Distribution List" is a list of email addresses that one of our Members has sent, or intends to send, emails to, and all information relating to those email addresses.
3. Effective Date
If you have any questions or comments, or if you want to update, delete, or change any Personal Information you’ve submitted on the Website, please use our contact form to get in touch. You may also contact us by postal mail at:
5. Information We Collect
2. List and Email Information: When you add an email Distribution List or create an email with the Services, we have access to the data on your list and the information in your email.
3. Information from your Use of the Service: We may get information about how and when you use the Services. This information may include your IP address, time, date, browser used, and actions taken by you within the application.
4. Cookies: When you register to use Trapoc, we store "cookies," which are strings of code, on your computer. We use those cookies to collect information about when you visit our Website, when you use the Services, your browser type and version, your operating system, and other similar information. You may turn off cookies that have been placed on your computer by following the instructions on your browser, but if you block our cookies, it may be more difficult (and maybe even impossible) to use the Services. When you play one of the videos on the Websites, the Flash player may use local shared objects, which are also called Flash cookies. We don’t use these Flash cookies for anything, but we can’t stop the player from dropping them (we tried).
5. Web Beacons: When we send emails to registered Trapoc customers, we'll sometimes track who opened the emails and who clicked the links. We do that to measure our Email Campaigns’ performance and to improve our features for specific segments of customers. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We also include Web Beacons in the emails we deliver for you. We use the data from those Web Beacons to create the reports you see about who has or hasn’t opened emails or clicked links. Reports are also available to us when we send you email, so we may collect and review that information.
Cookie management tools from your browser won’t remove Flash cookies, but here’s how to manage privacy settings for them.
Supplemental Member Information
We use this “Supplemental Member Information” to develop features like Social Profiles, a tool that helps you learn about your subscribers and send them more relevant content.
6. Use and Disclosure of Your Personal Information
We may use and disclose your Personal Information only as follows:
1. To promote use of our Services. For example, if you leave your Personal Information when you visit our Website and don’t sign up for any of the Services, we may send you an email asking whether you want to sign up. And if you use any of our Services, and we think you might benefit from using another Service we offer, we may send you an email telling you about it.
2. To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 7 below.
5. To provide customer support.
6. To protect the rights and safety of our Members and third parties, as well as our own.
7. To meet legal requirements like complying with court orders and valid subpoenas.
8. To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
9. To prosecute and defend a court, arbitration, or similar proceeding.
10. To support and improve the Services we offer. This includes adding features that compare Members' Email Campaigns, or using data to suggest other publishers your subscribers may be interested in.
11. To communicate with you about your account for informational, not promotional, reasons.
13. To send you informational and promotional content that you may choose (or "opt in") to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
Tools and Algorithms
Trapoc’s Email Genome Project analyzes email lists and addresses to find trends in the data. That information helps us keep the evil spammers out.
Occasionally, we have to disclose information about our customers to meet legal requirements. Third-party disputes are a common example: If two parties have a dispute, and one of them used Trapoc in a way that’s relevant to the dispute, then we might get a request for user data. Whether we say “no way” or comply depends on the subpoena.
It’s the law! Unsubscribe links are required by the CAN-SPAM act. Plus, making it easy for people to opt out is the nice thing to do.
7. Public Information and Third Parties
1. Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you’d like it to be removed, contact us here. If we’re not able to remove your information, we’ll let you know why.
2. Social Media Widgets. Our Websites include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
4. Service Providers. If it is necessary to provide you a service you've requested, like send you a T-shirt or enable a feature like Social Profiles, then we may provide your personal information to a service provider. We will restrict any service provider's use of your personal information. We will tell you whenever reasonably possible and you may request at any time the name of our service providers.
8. Content of Email Campaigns
When you send email marketing, it bounces around from server to server as it crosses the internet. Along the way, server administrators can read what you send. Email wasn’t built for confidential information. If you have something confidential to send, please don’t use Trapoc.
Our rule of thumb is “Never send anything in an email that you wouldn’t put on a postcard.”
9. Your Distribution Lists
Your subscriber lists are stored on a secure Trapoc server. We don’t, under any circumstances, sell your lists, contact people on your lists, market to people on your lists, steal your lists, or share your lists with any other party, unless it’s required by law. If someone on your list complains or contacts us, we may then contact that person. Only authorized employees have access to view Distribution Lists. You may export (download) your lists from Trapoc at any time, as long as we have a copy.
We’ll use and disclose the information in your Distribution Lists only for the reasons listed under Use of Your Personal Information, except the following. (In other words, we will not use and disclose the information in your Distribution Lists to):
• bill or collect money owed to us;
• send you system alert messages;
• communicate with you about your account; or
• send you informational and promotional content.
Your List Data
It’s worth repeating: We respect your privacy and your subscribers’ privacy. We’d never sell your information or bother anyone on your mailing list.
10. Notice of Breach of Security
Nobody’s safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then Trapoc will notify you as soon as possible and later report the action we took in response.
11. Safeguarding Your Information
To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC).
Trapoc accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we can’t see your passwords. We can’t resend forgotten passwords either. We’ll only reset them.
12. Safe Harbor Certification
Trapoc complies with the U.S.–E.U. and U.S.–Swiss Safe Harbor Framework, which is overseen by the U.S. Department of Commerce and covers the collection, use, and retention of personal data from European Union member countries and Switzerland. We certify that we follow the principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. In light of a recent European Court of Justice ruling users may request an updated data processing agreement which incorporates the Standard Contractual Clauses here.
Safe Harbor Certification
This section affects you if you do business in the EU or Switzerland.
13. Accuracy of Data, Transparency, and Choice
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do that. If your data changes (like a new email address), then you’re responsible for notifying us of those changes.
We only store data about you for as long as it’s reasonably required to fulfill the purposes that gave us the right to access it in the first place. We keep some data indefinitely, relating to when and where emails were sent, which bounced, which resulted in a complaint, and similar information, because we use it to help us screen out people who violate SPAM laws, and for other reasons explained in this policy.
We’ll give you access to any Personal Information about you that we hold within 30 days of any request for that information you make by contacting us here. Unless it’s prohibited by law, we’ll remove any Personal Information about you from our servers at your request.
Thanks for using Trapoc.
Please read these Terms carefully. By using Trapoc or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement. Trapoc (“Trapoc” or the “Service”) is an email service offered through the URL www.Trapoc.com (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients. Trapoc is limited liability corporation (“Trapoc,” “we,” or “us”). Trapoc has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).
In order to use Trapoc, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the registration process;
3. agree to the Terms; and
4. provide true, complete, and up to date contact information.
By using Trapoc, you represent and warrant that you meet all the requirements listed above, and that you won’t use Trapoc in a way that violates any laws or regulations. Trapoc may refuse service, close accounts of any users, and change eligibility requirements at any time.
Represent and Warrant
“Representing and warranting” is like making a legally enforceable promise.
The Term begins when you sign up for Trapoc and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Trapoc on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Trapoc may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or ourAcceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
Acceptable Use Policy
Our Acceptable Use Policy sets some rules that you have to follow as a Trapoc user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience delivering email.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.
7. Monthly Plans
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date"). If you go over your sending limit and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
8. Pay as You Go Plans
You may buy Email Credits to use our Services, as we explain on the pricing page of our Website, instead of signing up for a monthly plan. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. Email Credits for Pay as You Go (prepaid) accounts roll over and don’t expire, but if you’re inactive for more than 12 months your account may be deleted.
9. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed. Sorry, we don’t accept T-shirts or other forms of barter at this time.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
12. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Trapoc (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to our Brand Guidelines.
13. Proprietary Rights Owned by You
15. Right to Review Email Campaigns
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
Right to Review Email Campaigns
We study data internally to make our Email Genome Project smarter and create better experiences for senders and subscribers.
RULES AND ABUSE
16. General Rules
You promise to follow these rules:
1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
2. You won’t use purchased, rented, or third-party lists of email addresses.
3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
4. If you use our API, you'll comply with our API Use Policy.
If you violate any of these rules, then we may suspend or terminate your account.
In short, spam means “unsolicited bulk email.” If you send people mass email without their permission, you’re spamming.
17. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Trapoc user, we want to hear about it. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy.
Every Trapoc campaign has an embedded Campaign Tracking ID (CID) in the header that makes it easy to report suspected spam. If it doesn’t contain a CID, then it didn’t come from Trapoc.
18. Bandwidth Abuse/Throttling
You may only use our bandwidth for your Trapoc emails. We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other than your email campaigns (like a website). We may throttle your sending or connection through our API at our discretion.
19. Compliance with Laws
You represent and warrant that your use of Trapoc will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Trapoc, and collecting information as a result of sending Emails, you:
2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Trapoc.
3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Trapoc to receive and process data and send communications to that individual on your behalf.
4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
European Economic Area
This applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein, and Norway.
20. U.S. Export Controls
The software that supports the Services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements.
21. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
22. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Warranties of Merchantability
Since people use Trapoc for a variety of reasons, we can’t guarantee that it will meet your specific needs. But we hope it does!
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
Indemnity is an agreement to compensate someone for a loss.
24. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
25. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
1. If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $900.
2. If you host images for anything other than your Emails, or use our resources in any way that’s not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than $720.
3. If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $540 plus the amount owed.
For example, if someone were to get our IPs blacklisted or lower our deliverability by breaking spam laws, we may seek liquidated damages since it’s hard to put a number on those losses.
26. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
27. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
29. Notice to U.S. Government End Users
The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
1. only as Commercial Items,
2. with the same rights as all other end users, and
3. according to the Terms
Published and Unpublished rights are reserved under the copyright laws of the United States.
Notice to U.S. Government End Users
This part will matter to you if you’re affiliated with the U.S. government.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
31. Choice of Law
32. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
36. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
37. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
38. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
39. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Trapoc, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA, 30308, or any addresses as we may later post on the Website.
41. Entire Agreement
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Trapoc's policies.