1. CAN-SPAM Act Compliance
1.1. CAN-SPAM Act covers all commercial messages defined as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service”. Most likely many of the emails You send through our Services fall within this category.
1.2. You agree to the following terms and conditions of this anti-spam policy while using the Service:
A. Do not use any false or misleading information in the subject line of your email as well as ‘From’, ‘To’, ‘Reply To’ fields. Do not use deceptive subject lines and try to choose a subject line that accurately reflects the content of Your email.
B. Do not hide original domain names and email addresses. Do not use invalid or non-existent domain names.
C. Clearly state or otherwise identify that Your email is an ad.
D. Provide full and accurate contact information and the location of your business, including Your physical postal address or post office box.
E. Provide active links to unsubscribe from Your mailing list or provide clear and full information on how to opt-out from receiving emails from You. In case You require recipients to contact you in order to opt-out, please make sure to react to such requests quickly and diligently. You cannot charge a fee for processing such requests or ask the recipient for additional personal data or set any conditions for honoring such requests.
F. Make sure to monitor your compliance regularly.
1.3. You represent and warrant that (i) you understand the terms of this Section and agree to comply with them, and (ii) you are aware of and agree to fulfill the requirements of CAN-SPAM Act and any other applicable anti-spam even in case your primary business or legal entity is located outside the territory of the United States.
1.4. You can review additional information on CAN-SPAM Act compliance published by the US Federal Trade Commission here.
2. IP & Content Compliance
2.1. The Company is not responsible for the content of the Service's users (the “User Content”). You expressly understand and agree that You are solely responsible for the User Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.
2.2. When uploading User Content to the Service, you represent and warrant that:
A. The User Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms;
B. You do not use our or third party’s internet domain names, brand names, logos, trademarks or taglines without prior written consent;
C. The posting of User Content on or through the Service does not violate the publicity rights, copyrights, contract rights or any other rights of any person;
D. Your Content is not unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
2.3. For the purposes of this Section, examples of objectionable content include:
A. Unlawful or promoting unlawful activity;
B. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
C. Machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
D. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
E. Impersonating any person or entity including the Company and its employees or representatives;
F. False information and features.
3. Data Protection Compliance
3.1. To the extent that your business activities or User Content are related to personal data, you represent and warrant that:
A. Your User Consent does not have information that violates the privacy rights of the third parties;
B. Your collection and further processing of such personal data is consistent with applicable privacy laws (for example, you do not send emails to contacts obtained illegally or unethically, including but not limited to data theft, deception, hacking, spoofing, fishing etc);
C. You obtained consent or have other legal basis for data processing of the User Content, which enables the Company to use it for provision of the Service;
3.2. You also represent and warrant that you are aware of and agree to fulfill the requirements of (i) US federal laws governing or related to data protection (including without limitation, Children’s Online Privacy Protection Act, the Health Insurance Portability and Accountability Act, the Gramm-Leach-Billey Act, the Federal Information Security Management Act), (ii) applicable state privacy laws and (iii) privacy laws of other jurisdictions (for example, General Data Protection Regulation) to the extent that You operate in or process personal data of users from those jurisdictions.
4. Other Restrictions
You also acknowledge and agree that you shall not:
A. Retrieve any content from the Service in order to create, decompile, decipher, disassemble or reverse engineer any of the software, database or similar material;
B. Make any modification, adaptation, translation or any other derivative work from the Service and any of its content;
C. Try to interfere in any way with the security features of the Services, including without limitation, through (i) the distribution of virus files or other materials that may damage the operation of Service or other computers, (ii) creating undue burden on the Service or its networks; (iii) using the Service to send automated queries to other networks;
D. Try to bypass paywalls or other measures of the Service designed to restrict the access to the paid or restricted content of the Service;
E. Use the Service in any way that causes or may cause any harm to our website, domains or other customer’s domains;
F. Use the Service for purposes not approved by us directly or through the Service;
G. Use the Service in breach of applicable law;
H. Otherwise infringe the Terms & Conditions.
5. Miscellaneous
5.1. Without prejudice to other rights under applicable law, we reserve the right to suspend or terminate your (sub-)account or seat, or your access to the Service, with or without notice to you, in the event that you breach this Policy.
5.2. The Company also reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User Content is appropriate and complies with this Policy, refuse or remove the User Content. The Company further reserves the right to make formatting and edits and change the manner any User Content. The Company can also limit or revoke the use of the Service if you post objectionable User Content.
5.3. The Company may also, at its sole discretion, o modify or replace this Policy at any time. If a revision is material we will provide at least 30 days notice prior to any new Policy taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Policy. If you do not agree with the new Policy, you are no longer authorized to use the Service.