Best Practices and CAN-SPAM Act of 2003 Compliance Statement

UpwellBeing (“UpwellBeing”) provides Internet based products and services to marketers. Internet users’ privacy is of the utmost importance to us. We realize that respecting users’ privacy and adhering to industry accepted practices are in the best interests of consumers, UpwellBeing and our clients.

All email properties and campaigns managed by UpwellBeing, are directed to consumers that have expressly given permission to receive offers from UpwellBeing or select third parties. All outbound email messages clearly disclose the user has opted in to receive UpwellBeing or third-party email messages. All the email messages sent by UpwellBeing, include a valid opt-out mechanism. All opt-out requests are processed within ten (10) days of receipt.

Can-Spam Act of 2003 Compliance

On December 16, 2003, President Bush signed into law the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), which establishes a framework for reducing unsolicited email. The law prohibits predatory and abusive commercial email practices. Email is an extremely important and effective means of communications and is used by millions of Americans on a daily basis for personal and commercial purposes. Its convenience and efficiency, however, are increasingly threatened by the rise in spam. Spam currently accounts for over half of all email traffic. Today, most spam is fraudulent or deceptive in nature. The growth in spam also imposes significant costs on Internet Service Providers (ISPs), businesses, and other organizations, since they can only handle a finite volume of email without making further investments in their infrastructure. UpwellBeing is a leading provider of internet marketing solutions for healthcare marketers, and complies with this Act.

Email and Append Best Practices Campaign Requirements

The law requires that all email for which the primary purpose is the commercial advertisement or promotion of a commercial product or service include some basic requirements. There are penalties for non-compliance.

From line: The from line must be the actual sender on all email broadcasts; no masking, no spoofing, no use of UpwellBeing or other UpwellBeing trade names by third parties. No generic from lines will be accepted.

Subject line: The subject line should have a direct reference to the advertisement. It should be clear, relevant, honest and not misleading. There is NO requirement to include “ADV.” in the subject line.

Message content: Content should give clear and conspicuous identification that the email is an advertisement or solicitation. The message must be honest and not misleading. The sender of the email is responsible for determining how to indicate that the message is a solicitation, there is no requirement to include any specific language, such as, “This is an advertisement.” All messages are subject to review by UpwellBeing.

Postal address: A valid physical postal address is required in the content of every message.

Opt out: The CAN-SPAM Act requires a clear and conspicuous Internet-based mechanism for recipients to opt out of receiving future advertisements or promotions. UpwellBeing, honors opt out requests within ten (10) days of notification and the link is active for a minimum of thirty (30) days. For Email Append Service, all opt-out requests received during a campaign time frame are removed from the file prior to delivery of the data to each client.

Opt out hygiene service / Suppression list

All advertisers need to maintain accurate and current opt-out lists. We require our advertisers and partners to supply us with their opt-out lists, or we provide them with our list depending on who is managing the campaign. Opted-out records are excluded from email marketing campaigns. Should an advertiser decide not to provide opt-out files to UpwellBeing they assume responsibility and liability.

Email Append-Opt out list service

As part of our Email Append Service, UpwellBeing consolidates all information submitted at various times by a consumer to UpwellBeing.


No representation and or statement made herein shall be considered a legal opinion or statement of any kind. Nor should this document be considered evidence or proof that a legal relationship of any kind has been formed between you and UpwellBeing.

UpwellBeing is fully compliant with CAN-SPAM Act of 2003
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