The agreement prohibits Members from using the Mailchimp platform to create, send, display, advertise, or sell illegal goods, CAN-SPAM-violating emails, sexually explicit content, terrorism-supporting campaigns, counterfeit or IP-infringing products, unapproved COVID-19 treatments, or COVID-19 price-gouging products.
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
This provision establishes categorical content prohibitions that apply across all Mailchimp service features including Campaigns, Websites, Ads, and Stores, with account suspension or termination as the stated enforcement consequence.
Under this clause, the Service may not be used to distribute or sell any of the listed prohibited content categories, regardless of which Mailchimp feature is used. The agreement applies these prohibitions to creation, sending, display, advertising, and sale, covering the full range of platform output types.
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"You may not use the Service to create, send, display, advertise, or sell (as applicable): Illegal goods or services Emails that violate the CAN-SPAM Act in the U.S. or other anti-spam laws Pornography/sexually explicit content Campaigns promoting or supporting terrorism or violent extremism Counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights Products claiming to prevent, treat, or cure COVID-19 that are not approved or authorized for emergency use by regulatory or public health agencies, such as the FDA in the U.S. Products that are in demand due to COVID-19 with excessive pricing, price gouging, or deceptive pricing practices or in demand due to COVID-19 and prohibited by applicable lawExcerpt from Mailchimp's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: The prohibition on CAN-SPAM-violating emails directly implicates FTC enforcement authority.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision establishes categorical content prohibitions that apply across all Mailchimp service features including Campaigns, Websites, Ads, and Stores, with account suspension or termination as the stated enforcement consequence.
Under this clause, the Service may not be used to distribute or sell any of the listed prohibited content categories, regardless of which Mailchimp feature is used. The agreement applies these prohibitions to creation, sending, display, advertising, and sale, covering the full range of platform output types.
ConductAtlas has identified this type of provision across 282 platforms. See the full comparison.
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