Acceptable Use Policy

Last updated: September 27, 2026

1. Introduction

This Acceptable Use Policy ("AUP") outlines the rules and guidelines for using WhopMail's services. By using our Service, you agree to comply with this AUP. Violations of this policy may result in suspension or termination of your account.

This AUP is incorporated into our Terms of Service by reference. Capitalized terms used but not defined in this AUP have the meanings given to them in the Terms of Service.

2. Prohibited Activities

2.1 Spam and Unsolicited Communications

You are strictly prohibited from:

  • Sending spam, unsolicited bulk emails, or unsolicited commercial emails
  • Using purchased, rented, or harvested email lists
  • Sending emails to recipients who have not opted in or given consent
  • Using misleading or deceptive subject lines or sender information
  • Failing to include proper unsubscribe mechanisms in marketing emails
  • Ignoring or delaying unsubscribe requests
  • Re-adding unsubscribed contacts to your lists without explicit consent

2.2 Phishing and Fraudulent Content

You must not:

  • Send emails or SMS messages designed to trick recipients into revealing personal information
  • Impersonate others, including individuals, companies, or organizations
  • Use deceptive practices to obtain personal or financial information
  • Create fake accounts or use false identities
  • Engage in any form of fraud or financial scams

2.3 Malware and Harmful Content

You are prohibited from:

  • Distributing viruses, malware, ransomware, or other malicious code
  • Including links to websites that contain malware or harmful content
  • Using the Service to launch attacks against other systems or networks
  • Attempting to compromise the security or integrity of our Service

2.4 Illegal Content and Activities

You must not use the Service to:

  • Violate any applicable local, state, national, or international law
  • Promote illegal activities or services
  • Distribute content that violates intellectual property rights
  • Engage in activities that violate export control laws
  • Facilitate money laundering or other financial crimes

2.5 Harassment and Abuse

You are prohibited from:

  • Sending threatening, abusive, or harassing communications
  • Stalking or intimidating others
  • Distributing content that is defamatory, libelous, or slanderous
  • Promoting hate speech, discrimination, or violence
  • Bullying or targeting vulnerable individuals

2.6 Violation of Third-Party Rights

You must not:

  • Infringe on copyrights, trademarks, patents, or other intellectual property rights
  • Use content without proper authorization or licensing
  • Violate privacy rights of others
  • Collect or use personal information without consent

3. Email Marketing Requirements

3.1 CAN-SPAM Act Compliance

All email marketing must comply with the CAN-SPAM Act. You must:

  • Accurate Header Information: Use accurate "From," "To," and "Reply-To" information
  • Non-Deceptive Subject Lines: Use subject lines that accurately reflect email content
  • Clear Identification: Clearly identify messages as advertisements when required
  • Physical Address: Include a valid physical postal address in marketing emails
  • Unsubscribe Mechanism: Provide clear and conspicuous unsubscribe options
  • Honor Opt-Outs: Process unsubscribe requests within 10 business days
  • No Re-adding: Do not add unsubscribed contacts back to your lists

3.2 Opt-In Requirements

You must obtain proper consent before sending marketing emails:

  • Use explicit opt-in mechanisms (not pre-checked boxes)
  • Clearly disclose what subscribers are signing up for
  • Maintain records of consent and opt-in timestamps
  • Consider implementing double opt-in for enhanced verification
  • Do not send marketing emails to contacts who have not opted in

3.3 Unsubscribe Mechanisms

Every marketing email must include:

  • A clear, working unsubscribe link in the email footer
  • Instructions on how to unsubscribe
  • Processing of unsubscribe requests within 10 business days
  • No fees or requirements for unsubscribing
  • Maintenance of suppression lists to prevent re-adding

3.4 Prohibited Email Content

You must not send emails containing:

  • Adult content, pornography, or sexually explicit material
  • Violence, hate speech, or discriminatory content
  • Illegal products or services
  • Misleading or false claims
  • Content that violates industry-specific regulations (e.g., healthcare, financial services)

3.5 List Hygiene

You are responsible for maintaining healthy email lists:

  • Remove hard bounces promptly
  • Monitor and address spam complaints
  • Clean inactive or unengaged contacts regularly
  • Verify email addresses before adding to lists
  • Respect recipient preferences and engagement levels

4. SMS Requirements

4.1 TCPA Compliance

All SMS messaging must comply with the Telephone Consumer Protection Act (TCPA). You must:

  • Prior Express Written Consent: Obtain explicit written consent before sending SMS messages
  • Clear Disclosure: Clearly disclose message frequency, content, and opt-out instructions
  • Opt-Out Mechanism: Include opt-out instructions in every SMS message (e.g., "Reply STOP to unsubscribe")
  • Immediate Processing: Process opt-out requests immediately (within minutes, not days)
  • Consent Records: Maintain records of consent, including timestamps and method of consent
  • No Re-adding: Do not send SMS to contacts who have opted out

4.2 Opt-In Consent

You must obtain proper consent for SMS messaging:

  • Use explicit opt-in mechanisms (not pre-checked boxes)
  • Clearly state that the user is consenting to receive SMS messages
  • Disclose message frequency and content
  • Obtain separate consent for SMS (not bundled with email consent)
  • Maintain detailed consent records

4.3 Opt-Out Procedures

Every SMS message must:

  • Include clear opt-out instructions (e.g., "Reply STOP to unsubscribe")
  • Process STOP requests immediately
  • Send confirmation of opt-out when requested
  • Maintain suppression lists for opted-out numbers
  • Not charge fees for opting out

4.4 Prohibited SMS Content

You must not send SMS messages containing:

  • Adult content or explicit material
  • Illegal products or services
  • Misleading or fraudulent content
  • Content that violates CTIA guidelines

4.5 CTIA Guidelines

You must comply with CTIA (Cellular Telecommunications Industry Association) guidelines:

  • Obtain express written consent
  • Provide clear opt-out mechanisms
  • Respect opt-out requests immediately
  • Limit message frequency to reasonable levels
  • Include sender identification in messages

5. Rate Limiting and Abuse Prevention

5.1 Sending Limits

We implement rate limiting to protect our infrastructure and maintain service quality:

  • Email sending limits based on your subscription plan
  • SMS sending limits to prevent abuse
  • API rate limits for programmatic access
  • Gradual sending for large campaigns to maintain deliverability

You must not attempt to circumvent rate limits or abuse prevention systems.

5.2 Abuse Prevention

We monitor for abuse indicators including:

  • High bounce rates
  • Excessive spam complaints
  • Unusual sending patterns
  • Violations of this AUP

Accounts showing signs of abuse may be suspended or terminated.

6. Content Restrictions

6.1 Prohibited Content

You must not send content that:

  • Violates applicable laws or regulations
  • Infringes on intellectual property rights
  • Contains false or misleading information
  • Promotes illegal activities
  • Is defamatory, libelous, or slanderous
  • Contains hate speech or discriminatory content
  • Promotes violence or harm

6.2 Industry-Specific Restrictions

Certain industries have additional restrictions:

  • Healthcare: Must comply with HIPAA and healthcare marketing regulations
  • Financial Services: Must comply with financial services marketing regulations
  • Alcohol/Tobacco: Must comply with age verification and advertising restrictions
  • Gambling: Must comply with gambling regulations and age restrictions

You are responsible for ensuring compliance with all applicable industry regulations.

7. Consequences of Violations

7.1 Warning and Suspension

For minor or first-time violations, we may:

  • Issue a warning and request corrective action
  • Temporarily suspend sending capabilities
  • Require removal of problematic content or contacts
  • Request documentation of compliance measures

7.2 Account Termination

We may immediately terminate your account for:

  • Repeated violations of this AUP
  • Serious violations, including spam, fraud, or illegal activities
  • Failure to respond to warnings or corrective actions
  • Actions that harm our infrastructure or reputation
  • Violations that result in legal action or regulatory complaints

7.3 Legal Action

We reserve the right to:

  • Report violations to law enforcement
  • Cooperate with legal investigations
  • Pursue legal remedies for damages caused by violations
  • Provide information to regulatory authorities

8. Reporting Abuse

If you believe someone is violating this AUP, please report it to us immediately:

  • Email: abuse@whopmail.com
  • Include: Evidence of the violation, relevant email headers or SMS content, and any other relevant information

We will investigate all reports promptly and take appropriate action.

9. Compliance Monitoring

We actively monitor for violations of this AUP through:

  • Automated systems that detect spam patterns and abuse indicators
  • Manual review of reported violations
  • Monitoring of bounce rates, complaint rates, and engagement metrics
  • Regular audits of account activity

By using our Service, you consent to this monitoring.

10. Updates to This Policy

We may update this Acceptable Use Policy from time to time. We will notify you of material changes by:

  • Posting the updated policy on this page
  • Updating the "Last updated" date
  • Sending email notification for significant changes

Your continued use of the Service after changes constitutes acceptance of the updated policy.

11. Contact Us

If you have questions about this Acceptable Use Policy, please contact us:

  • Email: legal@whopmail.com
  • Abuse Reports: abuse@whopmail.com
  • Website: whopmail.com
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