This Acceptable Use Policy (“AUP”) establishes certain rules and requirements pertaining to the use by customers and users (“Customers”) of Act-On Software, Inc’s (“Act-On”) websites, products or services (collectively the “Offerings”). This AUP may be amended at any time and such amendment or termination will be effective at the time Act-On posts the revised AUP to its website(s). This AUP is incorporated by reference into the definitive agreement between Act-On and the Customer regarding such Offerings (“Agreement”). Capitalized terms not defined in this AUP will have the meanings set forth in the Agreement.
This AUP is intended to protect the users of Act-On’s Offerings and the Internet community as a whole from improper, inappropriate, abusive, or illegal activity. When using any Act-On Offering, all Users must comply with this AUP and are expected to adhere to commonly accepted practices of the Internet community. The prohibited uses described below are intended as minimum guidelines regarding improper and inappropriate conduct and should not be interpreted as an exhaustive list.
2. Prohibited Uses
2.1 The Offerings may only be used for lawful purposes. Users may not use the Offerings in any manner in violation of any applicable law or regulation.
2.2 The Offerings may not be used in a manner which purposely alters or forges any User’s identity, deceives any third party or impersonates any other party.
2.3 The Offerings may not be used to violate system or network security including, but not limited to, by (i) gaining unauthorized access to any User account, network, system, computing facility, equipment, data or information, (ii) engaging in any activities that may interfere with the ability of others to access or use the Offerings, (iii) unauthorized monitoring, or (iv) transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.
2.4 Customer may not perform any penetration testing or make any other intrusion attempts on the Offerings without Act-On’s prior written consent.
3. Data Types
Customer and its Users will not upload any of the following types of information: (a) personal health information, (b) drivers license numbers, (c) passport numbers, (d) social security, tax ID or similar numbers, or (e) bank, checking, credit card, debit card, or other financial account numbers. Customer is solely responsible for compliance with all applicable data privacy and data protection laws in connection with its use of the Offerings.
4. Email Sending Compliance
Act-On expects its customers to comply with all applicable laws and industry best practices in connection with their use of the Offerings, including, without limitation, permissioning and consent requirements pertaining to data acquisition and transmitting email and other communications, and compliance with the laws outlined below in this Section 4. Act-On may provide deliverability services to Customer and in connection with such services may provide Customer with consulting and advice regarding deliverability of electronic communications. Notwithstanding the provision of such services Customer is responsible for seeking its own legal counsel regarding its compliance with applicable laws and Act-On shall not be liable for Customer’s failure to comply with applicable laws even if Act-On has provided consulting and advice regarding deliverability.
4.1 Domestic National Compliance. Customer agrees to adhere to the sender requirements and obligations under the CAN-SPAM act of 2003 and any successor thereto. Additionally, Customer must abide by the Telephone Consumer Protection Act (TCPA) as it pertains to Customer’s marketing and prospecting using the Offerings.
4.2 State Laws. Customer also agrees to abide by any existing state laws regarding transmission of electronic communications including, but not limited to, those that specifically address sending email to minors.
4.3 International Compliance. Customer agrees that sending email(s) to international countries will require it to abide by and comply with the “destination country” laws and other compliance requirements for commercial electronic transmissions. For purposes of clarity Act-On expects Customer to agree to the laws of the countries where the recipients of its transmissions are located when such transmissions are received.
4.4 Content (Line of Business) Performance Acknowledgement; Role-Based Email. Customer acknowledges that certain forms of email content can cause deliverability issues, and Customer is entirely responsible for managing its email content. Without limitation and by way of example only, messaging with content containing products and services that are illegal for minors to purchase have been known to be high in performance related issues. Customer may not use the Offerings to send emails to role-based email addresses.
4.5 Volume Management. In order to proactively manage a frequency reputation a “volume cap” of ten emails per contact per month will be enforced on an account basis.
4.6 Unsolicited Emails. Customer may not use the Services to send Unsolicited Commercial Emails. As used in this policy, Unsolicited Commercial Email is defined as email sent to individuals who (i) do not have a pre-existing relationship with Customer or (ii) have not provided consent to the receipt of such emails. Purchasing or renting lists of emails from a third party is prohibited and may result in Customer’s access to the Services being suspended or terminated.
5. Customer’s Responsibilities and Act-On’s Rights.
Customer and its Users will cooperate with appropriate law enforcement and other governmental agencies and other parties involved in investigating claims of illegal or inappropriate activity. If any User becomes aware of any violation of this AUP by any person, including, but not limited to, downstream customers, User, or third parties, Act-On requires that such User notify Act-On immediately at email@example.com or firstname.lastname@example.org. Recipients of email messages sent using any Offering are also encouraged to report suspected violations of this policy by forwarding a copy of the applicable email to email@example.com. Act-On will catalog, investigate and address all reports of violations and/or abuse. In addition to other remedies available pursuant to the governing services agreement with Act-On, any User account found to be in violation of this AUP is subject to immediate suspension, and will not be allowed to send any additional emails using the Act-On service. Customers are strictly responsible for all use of the Offering in violation of this AUP, including, but not limited to, use by applicable Users.