This AUP (as modified from time to time by SELLIGENT in its sole discretion) is a legal agreement between Client or Customer (“Customer”, “You”, “Your”) and SELLIGENT (“Company”) and defines the terms and conditions under which You are allowed to use the Services (as defined below). This AUP forms a part of the Agreement and takes effect as soon as You begin using the Services.
By using the Services, You agree that the provision and receipt of Services are expressly conditioned on the acceptance of the terms in this AUP. If You enter into this AUP or use the Services on behalf of an entity, You represent and warrant that You have the authority to accept this AUP on the entity’s behalf.
In order to use the Services, You must:
By using the Services, Customer represent and warrant that You meet all the requirements listed above. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement.
In addition to terms defined elsewhere in this AUP, the definitions below will apply to capitalized words in this AUP. Capitalized words in this AUP that are not otherwise defined herein shall have the meaning ascribed in the Agreement.
A. Customer agrees to, and where applicable, shall ensure that Users agree to:
i. keep contact information for Customer’s Account updated and promptly respond to queries from Company;
ii. use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Company promptly of any such unauthorized access or use;
iii. be responsible for ensuring that User’s computer systems, technology, or other similar items used in connection with the Services do not interfere with or disrupt the integrity or performance of the Services; and
iv. use the Services in compliance with Laws, the Agreement, and this AUP, as well as the Anti-Spam Policy available at selligent.com/anti-spam-policy.
B. Privacy, Cookies & Tracking Technologies. Customer understands and acknowledges that the Privacy Notice explains how Company handles data processed by and through the Services. Customer agrees to adopt, maintain, and post its own privacy notice or policy that: 1) takes into account the data processing activities described in the Privacy Notice; and 2) complies with all requirements imposed by Laws (particularly as such notice relates to notice, consent, and disclosure in connection with the collection, sharing, and use of any information about a Contact). In addition, Customer acknowledges that the Services employ the use of cookies and similar tracking technologies (“Cookies”), as further described in the Privacy Accordingly, Customer represents and warrants that it has taken all necessary and appropriate steps to comply with Laws, including, if applicable, by ensuring that each Contact is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies and/or other information on the Contact’s device where such activity occurs in connection with the provision of the Services. Customer shall promptly notify Company if it is unable to comply with the above obligations.
C. Security Requirements. Customer represents and warrants that while using the Services, Customer will:
i. use commercially reasonable security measures to protect any Customer Data transmitted to the Services, including, but not limited to, encrypting any Customer Data transmitted to the Services; and
ii. cooperate with Company’s reasonable investigations of services outages, security problems, and/or any suspected breach of the Services, any Ordering Documents, and/or this Agreement or any of its incorporated documents.
D. Customer Cooperation. Customer represents and warrants that while using the Services, Customer will immediately act upon Company’s reasonable requests to remove and/or adapt Customer Data and/or Customer’s use of the Services (e.g. to avoid hindrance of Services’ performance to other customers). Customer shall, upon request, or as needed throughout the term: 1) respond to any third-party complaints (including, but not limited to, the complaints of any Contacts or providers of any Third Party Services), 2) promptly provide any applicable information documenting the relationship or consent of the involved parties, and 3) otherwise reasonably cooperate in mitigating the impact of any such complaint.
Customer shall not use the Services: (a) in excess of the limitations set forth in the Documentation; and/or (b) in a manner adversely affecting the Services’ usability for Selligent and/or its Affiliates, including for Selligent’s and/or its Affiliates other clients.
A. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly:
i. inaccurately represent its organization or impersonate any other person, whether actual or fictitious;
ii. access or use the Services except as permitted in the Agreement and this AUP;
iii. host images or content on Company servers or through the Services for any purpose other than for the purpose of using the Services as permitted in the Agreement and this AUP;
iv. use the Services to store or transmit Malicious Code;
v. interfere with or disrupt the integrity or performance of the Services or third party data contained therein;
vi. use the Services in any other manner that puts an excessive burden on the bandwidth of the Services;
vii. attempt to gain unauthorized access to the Services or their related systems or networks by any means or methods, nor access other Services, or any other service or product of a subcontractor or any third-party, outside the scope of the Services as ordered via the applicable Order Form;
viii. attempt to probe, scan, or test the vulnerability of the Services or perform any penetration testing against or on the Services;
ix. use the Services to encourage or facilitate any illegal activities; or violate any Laws, including but not limited to those related to e-commerce, infringement, defamation or privacy; or
x. use the Services to compete with the Services or Company in any manner.
B. Intellectual Property Restrictions. Customer shall not (and shall not permit any third party to):
i. except as expressly permitted in writing by Company, sell, resell, rent, or lease the Services or any part of the Services;
ii. remove or alter trademark, logo, copyright, or other proprietary notices or labels from the Services;
iii. copy, frame or mirror any part or content of the Services, other than in connection with Customer’s permitted use of the Services for Customer’s own internal business purposes,
iv. create derivative works based on the Services;
v. reverse engineer, reverse assemble, decompile, or attempt to discover or extract the source code, object code, underlying structure, or algorithms, found at or through the Services or any software, documentation, or data related to the Services; or
vi. access the Services for the purposes of (a) building a competitive product or service; (b) copying or reproducing any features, functions or graphics of the Services; (c) monitoring the availability, performance or functionality of the Services; or (d) benchmarking or conducting any activities that are competitive with the Services or Company. No rights are granted to Customer other than as expressly set forth in the Agreement.
C. Customer Content. Customer acknowledges and agrees that Customer is responsible for the nature and content of all of the Customer Content, including but not limited to, the accuracy, quality, integrity and legality of the Customer Content and the means by which Customer and its Users acquire Customer Content. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly, use the Services to process, store, transmit, link to, display, or solicit content:
i. about or relating to: (a) individuals under 18 years of age; and/or (b) pornography, nudity, adult novelty items, or escort services; financial information, stock trading, FOREX, mortgages or other, debt collection, credit repair, offers to make money online or work from home businesses, payday lender related content, the production, sale, exchange, storage, or marketing of cryptocurrencies, initial coin offerings, or penny stocks; gambling related content (including, but not limited to, poker, casino games, horse and dog racing, and betting on college and pro sporting events); lead generation services, affiliate or multi-level marketing, or Ponzi schemes; DJ/nightclub or event/club promotions/party lists; the selling of personal data of any kind, list brokers or list rental services; firearms, bombs, grenades, or other weapons; pharmaceuticals, drugs (illegal or otherwise), diet advice, nutritional advice, or supplements; illegal goods or software (including but not limited to pirated computer programs or viruses); violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence; or any other content that Company deems inappropriate in Company’s sole discretion;
ii. that is defamatory, libelous, offensive (including hate speech, blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity), obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable (as determined by Company in Company’s sole discretion);
iii. that materially violates the: (1) industry standards, policies and applicable guidelines published by generally recognized industry associations; or (2) carrier guidelines and usage requirements; and/or
iv. that violates or infringes: 1) any applicable Laws; 2) Company’s reasonable instructions or recommendations or 3) the rights of a third party (including a third party’s privacy and/or intellectual property rights), or such third party’s applicable terms of use.
D. Sensitive PII. Customer understands and acknowledges that the Services are not configured to process, receive, and/or store Sensitive PII. “Sensitive PII” is defined as: 1) protected health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”); 2) “nonpublic personal information” (‘NPI”) as defined under the Gramm-Leach-Bliley Financial Modernization Act of 1999 (“GLBA”); 3) data on any minor under the age of thirteen, or under a different legal age as may be determined under the applicable Law, including any such information that would be subject to the Children Online Privacy Protection Act (“COPPA”); 4) card holder data under the Payment Card Industry Data Security Standard; 5) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation (the “special categories of personal data” identified in Article 9 of GDPR); 6) data concerning the location of persons where the freedom of anonymous movement is at stake(i.e. geolocation tracking data, GPS data) or 7) social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal convictions or offences data or records, data related to security measures carried out by public authorities, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information. As such, Customer agrees not to, and not to permit Users to transmit, request, provide Company with access to, submit, store, or include any Sensitive PII through the Services. Customer agrees that Company may terminate this Agreement immediately, without refund, if Customer is found to be in violation of this clause.
A. Monitoring. Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, to ensure compliance with the terms of this AUP and the Agreement. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company.
B. Disclosure. Company shall have the right to disclose communications between (i) Customer and (ii) its email recipients and other users of its services to the extent required by Law, including, without limitation as required by legal process or court order. Company shall have no obligation to notify Customer of requests for such disclosures except as otherwise required by this AUP or the Agreement (incorporating the Data Processing Agreement).
C. Right to Remove, Suspend, Terminate. Company may, in its sole discretion, remove any Customer Content, suspend, or terminate Customer’s use of the Services for any actual or alleged breach of this AUP or the Agreement at any time or actual or apparent imminent attack or unauthorized access. Any action or services requested by Company due to a misuse of the Services shall be invoiced to Client at the applicable rates. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer’s obligation to pay any fees owed to Company.
A. Applicable Definitions
i. “Carrier Requirements” means the terms and conditions set by wireless carriers, also referred to as aggregators or routers (hereafter “Carrier”) and other parties that provide SMS services.
ii. “SMS Services” mean, providing Customer with marketing messaging service supplied through a third-party Carrier’s messaging and marketing platform and network infrastructure, including a direct or indirect connection to the international mobile network, as follows: designation of short codes or long codes for use with Customer’s messaging campaigns; the collection of SMS messages from Customer as agreed to by the parties; the transmission of such SMS messages to mobile subscribers who either (1) opt-in electronically to SMS Services through Customer; or (2) are identified by Customer as individuals who have opted in to SMS Services through Customer.
B. SMS Service Limitations and Obligations. Customer understands and agrees that SMS Services are only available for use to countries as described in the relevant order form. Customer further understands and agrees that where the Customer does not opt for a dedicated short or long code: 1) SMS messages sent by Users through the SMS Services appear to a recipient to originate from Company’s or Carriers’ “short code”; and 2) when multiple brands send an SMS message to the same recipient, the messages may appear on the same message thread as the result of a shared short code. Customer understands and agrees that:
i. Customer must include Customer’s company name in SMS messages sent by Customer to enable recipients to identify Customer as the sender of the SMS message.
ii. Customer must ensure that recipients’ numbers are correct and reachable.
iii. Customer must set up and test workflows within Company to trigger outbound SMS messages and ensure they are working in accordance with the rules set up by Customer. Customer understands and agrees that Company will not be responsible for any failure to correctly set up and/or test the Customer’s workflows within Company to trigger outbound SMS messages.
C. Consent. Customer shall use SMS Services only to send SMS messages to mobile subscribers (“Mobile Subscribers”) that have consented, in accordance with Law, to receive such messages and that have not opted out from receipt of such messages and to transfer of personal data to extent necessary of the provision of the SMS Services. Customer agrees that it will provide verification of consent by any Mobile Subscriber or other party receiving SMS messages via the SMS Services to Company upon Company’s request. If Customer fails to provide verification of consent, Company reserves the right to suspend the SMS Services until Customer provides such verification. If Customer fails to provide verification within thirty days of suspension, Company reserves the right to terminate Customer’s access to the SMS Services without refund. Except for Usage-based Fees, termination pursuant to the foregoing shall not alleviate Customer’s obligation to pay fees for the full Order Term.
D. Restriction on use of SMS Services. Customer agrees that it may not, and may not encourage or allow any Users to, use the SMS Services in the following prohibited ways:
i. Unless otherwise agreed by Company in writing, Customer shall not to transfer, resell, lease, license or otherwise make Services available to third parties or offer them on a standalone basis.
ii. If Customer has purchased a short code, then Customer will not change its use of that short code from the use stated in Customer’s application to the carrier for approval of the short code without first obtaining an amendment to Customer’s application or re-applying to the carrier for approval of the short code under the new use.
iii. Use the SMS Services to access or allow access to Emergency Services.
iv. Use the SMS Services in any manner that materially violates the: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) carrier guidelines and usage requirements and (c) national or international regulatory bodies’ sets of rules and provisions.
v. Use the SMS Services in connection with unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
vi. Use the SMS Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
E. Customer Content.
Customer shall be solely responsible for any content submitted to Company and/or transmitted through the SMS Services and delivered to Mobile Subscribers and will ensure that such Customer Content: 1) is appropriate for the Mobile Subscriber; 2) does not otherwise violate any applicable Laws; 3) is not subject to any cause of action for defamation or invasion of privacy; and 4) is in compliance with this AUP, and the Agreement. Customer shall obtain and maintain all Intellectual Property Rights necessary to transmit any Customer Content to its Mobile Subscribers. Company assumes no liability for any Customer Content or any SMS messages transmitted by Customer in violation of applicable Law. Customer agrees that it will provide promptly any information relating to Customer Content upon Company’s request, and fully cooperate with Company’s request to comply with any applicable Law.
F. Compliance
i. Carrier Requirements. Customer acknowledges that transmission of SMS messages is subject to Carrier Requirements and that the Carrier Requirements are subject to change. Customer agrees to comply with any Carrier Requirements. Customer acknowledges and agrees that each Carrier and reserves the right to suspend SMS Services for any Customer and/or User at any time.
ii. Compliance with Laws. SMS Services are subject to various legal compliance requirements depending on the nature of Company’s text messaging campaign, the location from where Company is sending text messages, and the location of SMS recipients. Customer agrees to comply with all applicable Laws and industry standards related to its use of the SMS Services, including without limitation, Laws and standards which require transparent opt-out option, specific information be included wherever the short code or long code is advertised, or where individuals are invited to sign up for short code or long code messages, specific days and times for sending marketing messages, . Customer should consult with its legal counsel to ensure that its text messaging campaign conforms to all applicable legal compliance requirements.
iii. Disclosure. In addition to any obligations under this AUP and the Agreement, Customer warrants that it will comply with all applicable privacy requirements concerning communications using the SMS Service between (i) Customer and (ii) its Mobile Subscribers and other users of its services, including without limitation Customer’s privacy policy, to the extent such policy places greater limitations on use of Mobile Subscribers’ data than applicable Law.
As an email service provider, Selligent takes an active role in reducing spam and supporting regulatory and best-practice guidance that fosters a fair, respectful and effective email marketing community. In consideration of the many anti-spam laws in effect throughout the world and best practice guidance from industry leaders, we have created this anti-spam policy to simplify the requirements we place on our customers. Your adherence to this policy will help maintain a high reputation for our sending infrastructure which, in turn, will boost the deliverability and effectiveness of messages you send using our services.
Throughout this Anti-Spam Policy references to “Company” are references to Selligent or its Affiliates and references to “Customer” are to you, a user of the Services.
In addition to terms defined elsewhere in this Anti-Spam Policy, the definitions below will apply to capitalized words in this Anti-Spam Policy. Capitalized words in this Anti-Spam Policy that are not otherwise defined herein shall have the meaning ascribed in the Agreement or the Acceptable Use Policy (as applicable).
A. Acceptable Use Policy” means Company’s Acceptable Use Policy located atcom/acceptable-use-policy/, as updated from time to time.
B. “Agreement” means the agreement governing the services provided by Selligent, Inc. or its Affiliates.
C. “Anti-Spam Laws” means any and all Laws regulating the transmission of electronic messages.
D.“Contact(s)” means, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise ‘processed’ (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services.
E. “Customer List” is a list of Contacts uploaded to the Services or created on or via the Services.
F. “Distribution Email Address” means an email address associated with a distribution list that enables a User to send an email to multiple recipients by sending that email to the single email address associated with the distribution list.
G. “Permission” means permission obtained from an individual to receive communications from Customer, in compliance with Section 3 below, that was either: 1) obtained within the preceding 6 months; or 2) obtained at any time and ongoing communications have been sent to the individual over the course of the preceding 6 months.
H. “Privacy Notice” means the Company’s Privacy Policy located at www.selligent.com/privacy-policy/, as updated from time to time.
I. “Spam”, as used herein, is any message sent by a User: 1) to an individual who has not given the User their Permission to do so; and/or 2) is marked as “spam” or “junk” mail by the recipient, including via any ISP feedback loops.
A. Customer understands and agrees that Customer is the “sender” (as that term is defined by Anti-Spam Laws) of any emails sent by Customer via the Services.
B. Unsubscribe Link. Unless expressly agreed by Company in advance in writing, Customer must ensure that all emails sent through Customer’s Account contain a Company (or other Company-approved) “unsubscribe” link, in form and substance satisfactory to Company, that: 1) allows Contacts to instantly and permanently unsubscribe themselves from the applicable Customer List, 2) presents unsubscribe instructions in a clear and conspicuous way, and 3) remains operational for a period of 30 days after sending the email. Customer must monitor, correct, and process unsubscribe requests immediately and ensure that Users do not remove, disable or attempt to remove or disable such link. Customer understands that instead of using the unsubscribe link provided, some Contacts may use other means to submit a request to Customer to opt them out of receiving such messages. In such cases, Customer agrees to unsubscribe any such Contact manually, by changing the Contact’s mailing status to “opt-out” within 10 business days of the opt-out request using the tools provided inside Customer’s Account.
C. Contact Information. Each email must clearly and accurately identify the individual or organization that authorized the sending of the email (“Authorizing Party”). This means that if Customer is sending messages on behalf of an Authorizing Party, the Authorizing Party must be identified. For example, if a marketing agency is sending an email on behalf of its client, the client must be identified. To the extent required by law, identification must include the correct legal name of the Authorizing Party, a registered business number, legitimate physical address, and contact details. All identification information should remain valid for at least 30 days after the email is sent.
D. Other Required Information. Customer shall ensure that communications sent through Customer’s Account are truthful and include subject lines that are in no way false or misleading as to the nature of the content contained in the email. All emails must state the reason the Contact is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our email list at abc.com.”
A. Customer Representations. Customer represents and warrants that Customer has provided all disclosures required by Law in conjunction with obtaining Contact’s Permission. Customer further represents and warrants that Customer has not used any false or misleading information, names, email addresses, subject lines, or other information for the purpose of or in connection with obtaining Contact’s Permission.
B. Obtaining Permission. Customer must retain records of any Permissions received and shall provide such records to Company immediately upon request. Permissions must be obtained in one of the ways described below. A Contact:
i. fills out or opts in via a web form subscribing to receive marketing communications from Customer; provided that the form does not contain any pre-selected fields;
ii. completes an offline form that expressly indicates their willingness to receive marketing communications from Customer;
iii. gives Customer their business card; provided that Contact was informed that by providing the business card to Customer, Contact was indicating their willingness to receive marketing communications from Customer;
iv. has a clear relationship with Customer, meaning that (i) the Customer had obtained the Contact’s email address in connection with the sale of goods or services, (ii) the Customer uses the address for direct marketing of its own similar good or services, (iii) the Contact has not objected to this use, and (iv) the Contact is clearly and unequivocally advised, when the address is collected and each time it is used, that he can object to such use at any time, without costs arising by virtue thereof, other than transmission costs pursuant to the basic rates; or
v. otherwise provides Customer with their express written permission to receive marketing communications from Customer.
C. Scope of Permission.
Customer shall not send emails to Contacts on any topic that exceeds the scope of the topic that Contact has given Customer Permission to email them about. Where a Contact has provided Permission for specific individual or organization to contact them, that Permission may not be transferred to another individual or organization. Any Permission obtained from a Contact will be exclusive to Customer and will not extend to Customer’s Affiliates, unless such Permission was also granted to such Customer Affiliate.
A. Account Approval. Company may request specific information about Customer’s Permission practices and email marketing activities prior to allowing access to the Services and Company’s sending infrastructure. Should Company’s trained compliance team, in its reasonable discretion, find cause to delay or withhold access, to the Services and Company’s sending infrastructure, Customer will be notified promptly. Customer may not send any emails using the Services until Customer’s Account has been reviewed by a member of Company’s trained compliance team.
B. Bulk Uploads. Prior to any bulk and/or large Contact list uploads to the Services, Customer must obtain Company’s prior written approval, which may be withheld in Company’s sole discretion.
C. Company API. The Services provide API Calls (“Calls”) to facilitate certain account activities without relying on the Services’ main application interface. These Calls are governed by the same policies set forth herein. The Customer and its Users shall not use the API to circumvent Company’s efforts to facilitate Permission-based sending via the Services. Company may dictate, in its sole discretion, permissible use of the API and Calls. Any improper use of the API, as solely determined by Company, will be grounds for immediate termination of Customer’s account.
D. Prohibited Uses. There are some list collection methods, sending practices, and models of business which are irreconcilably at odds with Company’s Permission policy or which represent untenable risk to the reputation of Company’s sending infrastructure. Customer shall not:
i. mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, or purchased, loaned, or rented lists;
ii. mail to any Contacts obtained from a third party (unless such third party specifically obtained Permission from the Contact for Customer to mail them);
iii. mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipient’s willful, sender-specific consent;
iv. use the Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or otherwise conduct any illegal activities; or
v. take known demographic information and append it to information Customer obtains from a third party for the purpose of emailing an individual who has not otherwise provided Permission as required by this Anti-Spam Policy.
E. Compliance. Customer acknowledges that the Services allow Customer to upload data related to Contacts and also to track Contacts engagement with emails sent using the Services. Customer represents and warrants that Customer has complied with all notice, disclosure, consent, and other requirements imposed by applicable Laws prior to uploading information about a Contact to Customer’s Account. Customer further represent and warrants that Customer shall comply with the Acceptable Use Policy, Agreement, and all applicable Laws in connection with Customer’s use of the Services.
A. Contacts. Company will not use Contacts’ information for any purpose other than those related to the Services and as otherwise described in Company’s Privacy Notice.
B. Monitoring. Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, to ensure compliance with the terms of this Anti-Spam Policy. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. In addition, Company reserves the right, but has no obligation, to:
i. scan every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, Customer will be informed and required to include Company’s unsubscribe link before sending additional email messages or Customer Content via the Services.
ii. monitor and meter the number of kilobytes of data transferred when sending email messages.
iii. monitor any and all Customer Content and Customer’s use of the Services to ensure compliance with this Anti-Spam Policy.
C. Low Deliverability. In the event the delivery rate of an email campaign sent through the Services is below ninety percent (90%), the campaign will be automatically paused. After analysis by Company, the campaign will either resume or be cancelled. In the event of repeatedly cancelled campaigns, Company may decide to isolate a Customer’s account from other customers, resulting in slower campaigns.
D. Abuse Complaints & Remediation. Emails sent through the Services may generate abuse complaints from Contacts. Customer is responsible for ensuring that email campaigns sent from Customer’s Accounts do not generate a number of complaints in excess of industry norms. If Customer’s complaint rate exceeds industry norms, Company may take action to prevent or repair damage to the sending reputation of its sending infrastructure, including suspending Customer’s Account. In the event that Company sends Customer a notification regarding excessive spam complaints, Customer must respond to Company’s requests promptly and act in good faith by participating in the creation and/or execution of any remedy. If Customer is unresponsive, does not implement remediation measures in accordance with Company’s recommendations within thirty (30) days of Company’s notification to Customer, and/or Customer continues to experience high complaint rates (as determined by Company in its reasonable discretion), then Company may suspend Customer’s use of the Services until the issue is resolved or until the end of the period specified by the contract.
E. Right to Terminate. Company may, in its reasonable discretion, remove any Customer Content, suspend, or terminate (without refund) Customer’s use of the Services for any actual breach of this Anti-Spam Policy at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer’s obligation to pay fees owed to Company.
The following address [email protected] is available to report alleged SPAM from You. If we find that our anti-SPAM policy has been violated, we may terminate the violator’s account.
Acceptable Use Policy 05/03/2021 – 09/01/2022
Acceptable Use Policy 28/02/2020 – 04/03/2021
Acceptable Use Policy 31/10/2019 – 27/02/2020
Acceptable Use Policy 22/06/2018 – 31/10/2019
Marigold: where relationships take root.
