Terms and Conditions for Email Marketing

1. Applicability

The following terms of use for the Email Marketing service apply in addition to IONOS Limited's (“IONOS”) Terms & Conditions and Privacy Policy. In the event of any discrepancy between these Terms of Use and IONOS's Terms and Conditions, these Terms of Use shall take precedence.

2. Product

2.1 By using Email Marketing provides the ability to create and send emails. IONOS undertakes the transmission of such emails to individual recipient addresses via an email sending server service used for delivery to the respective Internet Service Providers (ISP) or email service providers (ESP) where the e-mail mailboxes of the recipients are located.

2.2 This product shall be used only for emails sent in the context of a business relationship between the sender and recipients (with their consent), for the purpose of promotional or informative content (newsletters). The sending of private emails is not a feature of Email Marketing.

2.3 IONOS cannot guarantee delivery of any emails to the recipients as this is beyond IONOS's control.

3. Spam Rules, Customer's Obligations

3.1 The customer may not exceed the following limits of emails sent per campaign. Compliance with the limits is in the customer's own interests, as it serves to build up a reliable sender reputation.

Situation	Permissible limits
Bounced emails	≤ 8%
Unsubscribe rate	≤ 1%
Blocked emails	≤ 30%
Spam complaints	≤ 0.08%, but a maximum of 50 spam complaints per day
Spamtrap hits and abuse complaints	≤ 1 complaint

The terms used in the above overview are defined as follows:

• Campaign: Sending one and the same email template to one or more recipients.
• Undeliverable emails: The ratio of emails per campaign that are returned because the email address does not exist or is inactive, compared to the total number of emails sent per campaign.
• Unsubscribe rate: The ratio of the number of recipients who decide to unsubscribe, compared to the total number of recipients in a campaign.
• Blocked emails: Sending to email addresses marked as blocked when previously established in an earlier campaign that the addresses no longer exist. This includes sending to recipients who had previously classified earlier campaigns as spam.
• Spam complaints: Emails that are manually reported as spam by the recipient.
• Spamtrap hits: Webmail providers use certain email addresses as spam traps (for example email addresses that have not been used for a very long time). This allows identification of parties using obsolete lists or lists purchased from third parties. A hit is an email sent to such a spam trap.
• Complaint about misuse: A complaint exists if an email recipient complains about the unlawfulness of the sent email (for example, the recipient had not providedconsent).

3.2 The customer may only use Email Marketing to send emails to recipients from whom they have received a legally compliant consent. IONOS shall be entitled to demand evidence from the customer that such consent has been obtained.

3.3 Email Marketing may not be used to send emails to contact lists or recipients purchased or borrowed from a third party.

3.4 The customer must include a clear link in all emails to enable the recipient to unsubscribe from receiving future emails. This link must be easy to recognise, read and understood by all recipients. After receipt of such an unsubscribe request, the customer is prohibited from sending further emails to the sender who has unsubscribed.

3.5 The sender fields used in the email header (e.g. "From" or "Reply") must clearly indicate the sender of the email. Thus, the email address used for the sender's own email must be displayed in the sender fields. When sending via another domain name on behalf of a third party, the email text must clearly show that the message was sent via a third-party domain.

3.6 IONOS reserves the right to terminate for any breach of these Terms.

4. Contents of emails

The customer may not violate any applicable laws, offend common decency or infringe upon the rights of third parties (trademark, name, copyright, data protection rights, etc.) in any manner through the form, content or pursued purpose of their use of the services. In particular, the customer undertakes not to present content which is pornographic, glorifies violence or incites hatred within the scope of their use of the services, nor to call on others to commit criminal offences, or to present instructions for doing so, nor to offer or have offered services which have pornographic and/or erotic contents (e.g. nude pictures, peep shows, etc.) as their subject matter. The following contents are also excluded: Gambling, adult content, weapons and explosives, tobacco or tobacco products, drugs and pharmaceuticals, politics, hackers and software piracy, selling of contact details, homeworking offers with the promise of rapid wealth, wealth building and financial independence.

T&C

1. Applicability

2. Product

3. Spam Rules, Customer's Obligations

4. Contents of emails

Content