ANTI-SPAM POLICY

This Anti-Spam Policy (“Policy”) is incorporated by reference into the Master Services Agreement (“MSA”) between 639 Main DC LLC (“Provider”) and the customer entity that executed the applicable Work Order (“Customer”). It supplements and is enforceable alongside the Acceptable Use Policy (“AUP”). Capitalized terms not defined herein have the meanings assigned in the MSA or AUP.

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1. Purposes and Scope. This Policy governs all outbound messaging activity (including email, SMS, in-app, or any electronic transmission) conducted using the Services. It is designed to preserve the reputation, integrity, and availability of Provider’s network and services, while ensuring compliance with applicable laws and industry best practices.

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This Policy applies to all messages transmitted directly or indirectly through the Services, including traffic relayed through virtual private servers, proxy nodes, tunnels, or containers.

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2. Definition of SPAM. 
   1. “Spam” includes any unsolicited, bulk, deceptive, or harassing communication, including, but not limited to:
      1. Commercial email sent to recipients without prior, provable consent;
      2. Use of purchased, scraped, rented, harvested, or third-party mailing lists;
      3. Messages that violate regional regulations, including but not limited to the CAN-SPAM Act (United States of America), the GDPR/ePrivacy Directive (European Union), Canada’s Anti-Spam Law (CASL), UK PECR, or any other applicable law such as local anti-spam legislation of any jurisdiction to which the recipient is subject;
      4. Use of purchased, rented, harvested, or third-party email lists without clear, provable opt-in consent; 
      5. Communications lacking an effective, functioning, and immediate opt-out mechanism; and
      6. Messages with false or misleading headers, domains, reply-to addresses, subject lines, or identities.

3. Customer Obligations.
   
   1. Consent and Opt-in Standards. Customer shall maintain proof that each recipient explicitly consented to receive messages prior to the first transmission. Acceptable consent requires:
      1. Clear affirmative action (e.g., checkbox, form submission)
      2. Transparent disclosure of sender identity, frequency and purpose of communication, and instructions for opting out.

Double opt-in is strongly recommended and may be required at Provider’s discretion for high-volume senders.

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2. Unsubscribe and Opt-Out. All messages must include:
   1. A clear and prominent unsubscribe or opt-out link;
   2. Unsubscribe processing within five (5) business days; and
   3. No further communication to opted-out addresses without re-confirmed consent.

Sending to users who previously unsubscribed constitutes a material violation of this Policy.

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4. Technical Restrictions and Network Integrity.

1. Forbidden Practices.
   1. The following practices are strictly prohibited:
      1. Use of open relays, open proxies, or misconfigured mail servers;
      2. Sending mass unsolicited email via Provider’s infrastructure;
      3. “Snowshoe” techniques (dispersing volume across multiple IPs/domains to evade filters);
      4. Manipulating or rotating sender identities or reply addresses;
      5. Relay or proxy of SPAM through Provider-hosted assets, including VPS or containers; and
      6. Operation of bulk email services or “bulletproof hosting” without prior written approval.

2. Abuse Rates and Thresholds. Provider may impose delivery rate limits, sending thresholds, or reputation score thresholds at any time. Exceeding industry benchmarks for:
   1. Bounce rates;
   2. Spam trap hits;
   3. Complaint rates; 
   4. Abuse feedback loop (FBL) data;

May result in account suspension or IP blacklisting, with or without prior notice.

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5. Monitoring, Investigation, and Enforcement.‍
   1. Monitoring. Provider may monitor messaging patterns, abuse rates, IP reputation, complaint metrics, and message headers for compliance purposes. While Provider does not pre-screen content, it reserves the right to inspect or analyze outbound messages where abuse is suspected.
   2. Enforcement. Violations of this Policy may result in any of the following actions, taken in Provider’s sole discretion:
      1. Temporary or permanent suspension of Services;
      2. Immediate reassignment or null-routing of IP addresses;
      3. Rate throttling or email blocking;
      4. Mandatory remediation including, but not limited to, list cleansing, configuration changes, and re-confirmation of recipient consent;
      5. Termination of the MSA for cause pursuant to Section 3.02 of the MSA; and
      6. Referral to legal authorities where required.

Provider shall have no liability to Customer for any actions taken in good faith under this Policy.

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6. Repeat Offenders and Zero-Tolerance Triggers.  Provider reserves the right to immediately and permanently terminate Services if:
   1. A Customer account is the subject of two or more confirmed abuse events within a rolling 12-month period;
   2. Provider receives credible notification from industry blocklists, regulators, or infrastructure partners;
   3. Spam or fraud is associated with healthcare, financial, gambling, or high-risk verticals without explicit Provider approval;
   4. A single incident poses a risk to Provider’s network stability or legal exposure.

7. Reporting Violations. Suspected spam or misuse of Provider’s infrastructure should be reported immediately to abuse@639cloud.com. In your notification, kindly please include:
   1. Full email headers;
   2. Message content;
   3. Sending IP/domain; and
   4. Time and nature of abuse.

Provider investigates all reports and cooperates with external blacklist operators, law enforcement, and anti-spam watchdogs.
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8. Policy Updates. Provider may amend this Policy from time to time. Updated versions will be posted online or communicated via the notice provisions of the MSA. Continued use of the Services after changes take effect constitutes acceptance of the revised terms.