Emailer Use Policy

This Emailer Use Policy (“Policy”) applies to all emailer communications (“emailer”) generated or sent through the services (“Services”) provided by Phone2Action, Inc., doing business as Capitol Canary (“Capitol Canary”) through the site located at or through any other site operated by Capitol Canary by a client who has registered to use the Services (“Client”).  This Policy governs the use of Capitol Canary’s emailer service and is incorporated by reference into Capitol Canary’s Terms and Conditions (the “Agreement”). BY GENERATING OR SENDING EMAIL THROUGH CAPITOL CANARY’S SERVICES, YOU AGREE TO COMPLY WITH THIS POLICY.  CAPITOL CANARY MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES IF YOU DO NOT COMPLY WITH THIS POLICY.

Access and Use

Client will access and use the emailer service in accordance with the terms of the Agreement.  Client will not knowingly or willfully use the emailer service in any manner that could damage or interfere with Capitol Canary’s provision of its Services. Client will not, and will allow its Authorized Users and anyone acting on its behalf to decompile, disassemble, reverse engineer, or otherwise attempt to derive any Capitol Canary Information, including trade secrets, embodied in the Services.  Client agrees to be responsible for maintaining the security of its access to and use of the Services and will promptly notify Capitol Canary of any unauthorized access or use of which it becomes aware.

Electronic Communications and Anti-Spam Policy

Client’s use of the emailer must comply with all applicable laws. This includes laws applicable to Client and also laws applicable to Capitol Canary and the recipient of each email.

Client will comply with all laws and regulations applicable to bulk or commercial email, as well as other electronic communications, when using the Services, including without limitation all local or national laws applicable to the regions where Client has business operations or where the recipients of their electronic communications are located. It is the Client’s responsibility to know and understand the laws applicable to Client’s use of the Services and the emails Client generates and sends through the Services.

Client agrees not to use the Services to send Unsolicited Commercial Email (“UCE”) or Unsolicited Bulk Email (“UBE”) (collectively referred to as “spam” or “Unsolicited Email”).  Unsolicited Email is defined as email sent to persons other than (i) persons with whom Client has an existing business relationship, or (ii) persons who have consented to the receipt of such email, including publishing or providing their email address in a manner from which consent to receive email of the type transmitted may be reasonably implied.  Commercial advertising and/or emails and other electronic communications may only be sent to recipients who have opted-in to receive messages from the sender.

Capitol Canary will review and take appropriate action on all reports of abuse.  Any Client account found to be in violation of this policy is subject to immediate suspension, and may not be allowed to send any additional emails or other electronic communications using the Services.

Requirements for Bulk or Commercial Email

All bulk or commercial email sent using the Services must include a provision for recipients to revoke consent, i.e., to “opt-out” of receiving future email contacts from the sender.  Client agrees to either use the Unsubscribe tools supplied by default with the Services by Capitol Canary, or, if Client chooses to override the Capitol Canary default tools, Client will have procedures in place to allow an email recipient to easily opt-out, such as an unsubscribe link in the body of the email, or instructions to reply with the word “Remove” in the subject line.  Client will comply with any and all such revocations of consent within the time period required by applicable law.

Client’s use of the Services must follow all applicable guidelines established by Capitol Canary. The guidelines below are examples of practices that may violate this Policy when generating or sending emails through the Services:

  • Using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
  • Using purchased or rented email lists;
  • Using third party email addresses, domain names, or mail servers without proper permission;
  • Sending emails to non-specific addresses (e.g., or;
  • Sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
  • Failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from Client’s mailing list;
  • Failing to comply with any request from a recipient to be removed from Client’s mailing list within 10 days of receipt of the request;
  • Failing to include in each email a link to the then-current Privacy Policy;
  • Disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
  • Failing to include in each email Client’s valid physical mailing address or a link to that information; and
  • Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the email to another recipient.

Capitol Canary will determine compliance with this Policy in its sole discretion.