This analysis describes what Mailchimp's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
By defining spam to include one-to-one commercial emails, the prohibition extends beyond mass mailing to individually addressed commercial messages, broadening the scope of conduct that can trigger enforcement.
Interpretive note: The excerpt also contains a consent-evidence requirement ('You must be able to point to an opt-in form or show other evidence of consent'), which is stated as the canonical claim for id 64630 and is recorded here as omitted_material. The what_this_means item referencing a 'single commercial email' as potentially constituting spam is a restatement of the one-to-one commercial email definition, not a new proposition.
You are prohibited from sending spam through Mailchimp, and spam includes not only bulk emails but also individual one-to-one commercial emails.
How other platforms handle this
Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law.
You may not display any personal contact, banking, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card...)
Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services;
"You may not: Send Spam. Spam can be in the form of bulk emails or one to one commercial emails. You must be able to point to an opt-in form or show other evidence of consent...Excerpt from Mailchimp's Acceptable Use Policy
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By defining spam to include one-to-one commercial emails, the prohibition extends beyond mass mailing to individually addressed commercial messages, broadening the scope of conduct that can trigger enforcement.
You are prohibited from sending spam through Mailchimp, and spam includes not only bulk emails but also individual one-to-one commercial emails.
ConductAtlas has identified this type of provision across 282 platforms. See the full comparison.
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