If, at any time, you have questions or concerns regarding our acceptable use policy or if you believe a violation of our policy has occurred, please contact us at firstname.lastname@example.org.
This Acceptable Use Policy (“AUP”) sets forth the principles that govern the use of the Web-based products, emails and other services (the “Services”) provided by your service provider (“Mapp Digital” or “Service Provider”) and to its customers (collectively, “customers”). The Services enable customers to send and receive commercial, marketing, transactional and internal emails, sms, social media posts, in-app push messages and other messages with commercial and marketing background (“Messages”), to interact with their end users and to collect data about their users.
Mapp’s goal is to offer customers a positive experience in their use of the Services. To help Mapp offer its customers the best user experience possible and to ensure the Services are used in an appropriate manner, all customers must follow the same rules and guidelines with respect to their use of the Services.
This AUP is designed to help protect customers and the Internet community from irresponsible, abusive or illegal activities, and to make the Services available to all customers as consistently and efficiently as possible. By accessing and/or using the Services, you agree to adhere to this AUP.
If you are unable to agree and abide by the AUP, you should not utilize the Services.
Deliverability depends heavily on numerous factors but mainly relies on the quality of the sender’s list. Single opt-in is defined as an opt-in where the subscriber has shared their email information with a customer for a specific purpose in order to start receiving emails from the sender directly relating to that purpose. Any emails sent by customer/sender that would be outside of that purpose are strictly prohibited. Customer transparency with its subscribers is essential and therefore descriptions of onerous terms relative to email communication in boilerplate legal terms and conditions are likewise prohibited.
Customer must comply with all applicable laws, regulations and industry best practice standards with respect to its usage of the Software. Mapp is not obliged to provide its Software to customers that use the Software incompliant with applicable laws, regulations and industry best practice standards, Commercial Messages (as defined by the applicable laws, regulations and industry best practice standards) may only be sent via our Software if the addressee consented to receiving commercial Messages (at least Single-Opt-In) or if the sending of the commercial/marketing Message is otherwise compliant with the applicable laws and regulations.
Commercial Messages must contain Customer’s contact information, an unsubscribe link or other appropriate contact possibility for the recipients to revoke their consent and/or to unsubscribe from further commercial Messages. Unsubscribes submitted via the integrated unsubscribe function within the Software will be processed automatically and the respective address will be blocked from future Send-Outs. Unsubscribes received directly by Customer must be processed within (2) two working days. Customer must ensure that all messages to the “from address” and reply address indicated in the Message are processed immediately. Some ISP’s inform Mapp if a Message sent via CEP is marked as “junk” or “spam” by the recipient (so-called “feedback loop”). CEP will treat such a marking as an unsubscribe and the respective Address will be blocked from further Send-Outs.
Customers must be able to provide opt-in information, such as IP address, source and date and time of sign-up for each subscriber at Service Provider’s request within 24 hours. Mapp’s Software offers the possibility to collect additional Personal Data of individuals. which may require the data subject’s prior notification or consent. Customer must ensure to use the Software in compliance with the applicable laws, regulations and with the applicable industry best practice standards. It is Customer’s obligation to register with and/or to obtain approval from the relevant authorities where required by the applicable laws and regulations.
Customer performs all Send-Outs in its own name, under its brand and nothing in a Message must indicate Mapp as the official sender of the Message. Mapp is not obliged to monitor the compliance of Send-Outs with the applicable laws, regulations and industry best practice standards with cross-promotional or third party content clearly labeled as such. misidentifying the source of an message; adding, removing, or modifying identifying network header information (aka “spoofing”) in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information. identifying information included in messages must allow a recipient to easily identify and contact the sender and/or advertiser of the message
RESTRICTED CONTENT AND ACTIVITIES
Restricted content and activities must be disclosed prior to the beginning of contract signing. These may be permitted with limitation or additional monitoring.
- Pornography/sexually explicit content
- Pharmaceutical products
- Except as may be expressly prohibited herein, credit repair, credit cards, online day-trading, related foreign exchange (forex), mortgages, loans and other financial data.
- Sensitive personal data such as racial or ethic origin, political opinions, religious or philosophical beliefs, trade-union memberships, health or sex life, offenses or criminal convictions.
- Any other content or activities that mapp, in its sole discretion determines to be restricted.
PROHIBITED CONTENT AND ACTIVITIES
Actions, whether intentional or inadvertent, that the Service Provider considers inappropriate and grounds for restriction of access to or removal of offending material or termination of Services include, but are not limited to, the following:
- Messages which violate any relevant or applicable anti-spam laws or which are illegal at either the sender’s, service’s or recipient’s location
- Any illegal purpose, including but not limited to material which is libelous, threatening, or defamatory, or which infringes on the intellectual property rights of any other entity, or encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation
- Any content or activity that holds the service provider, its affiliates and/or partners and their parent companies, and their employees or shareholders up to public scorn or ridicule or would in any way damage or impair their reputation or goodwill
- Any information or material which the service provider determines (in its sole opinion) to be objectionable, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful
- Posting, storing, sending, transmitting, or disseminating any individual’s social security number, credit card number or other bank account related information
- Any information or software which contains malware, including viruses, worms, remote access trojans, other harmful feature, or other information or software which circumvents the security measures of another person or entity, or adversely affects the ability of other people or services to use the internet
- Restricting, inhibiting, interfering with, or otherwise disrupting or causing a performance degradation, regardless of intent, purpose or knowledge, to the services, or otherwise causing a performance degradation to any facilities, equipment or networks used to deliver the services
- Purchasing or selling (including renting) subscription lists, including providing or using list broker and list rental services.
- Sending of messages to addresses which were appended to other data is expressly prohibited. The email address attached to a subscriber’s data must be provided to the sender by the subscriber
- Selling, leasing, renting, or otherwise making available data learned through the services in any form (printed, electronically relayed, posted to public list services or bulletin boards, or magnetically stored) to, or for the benefit, of any third party for any reason other than to assist the customer in its normal business activities
- Payday loans or other short-term high-interest loans that violate applicable predatory lending laws and regulations, including without limitation, the federal truth in lending act
- Real-money gambling
- Generating content which is sent through another service, such as creating tracking links within the system which are included in messages sent through another service or system
- Causing a significant blacklisting or sending content on behalf of an organization with a listing on a significant blacklist at the time of the send. Significant blacklists include spamhaus, casa, invaluement, uribl, surbl, or other commonly used blacklists as determined by the company based on current industry usage
- Receiving excessive complaints or sending to too many spamtraps as defined by the company based on current industry standards
- Reverse engineering, decompiling, disassembling, or otherwise attempting to learn the source code to, the services
- Assigning, reselling, sublicensing, or otherwise making the services available to third parties for their own use, except as expressly permitted by the terms of a customer’s agreement with the service provider. Bundling the services as part of a customer’s own product offering, without the express prior written consent of the service provider
This is intended to be an illustrative, and not exhaustive, list of Prohibited Content. The examples identified in this list are in addition to the content identified in the Agreement between the Service Provider and its customer pursuant to whose Agreement you are given the right to access the Services and are provided solely for your guidance. As a Customer you agree to comply with these restrictions and not to conduct or participate in Prohibited Content. If you are unsure whether any contemplated use or action is permitted, or wish to report a violation of this AUP, please contact the Service Provider.
ACTIONS TO BE TAKEN BY SERVICE PROVIDER
The Service Provider is entitled to perform a list audit and other assessments, at its own discretion, to determine whether or not a customer is in compliance with this Acceptable Use Policy. The Service Provider prefers to advise customers of inappropriate behavior or any prohibited conduct and any necessary corrective action. However, if the Services are used in a way that the Service Provider, in its sole discretion as between any customer and the Service Provider, believes violates this AUP, the Service Provider may take such responsive action(s) as the Service Provider, in its sole discretion, determines to be appropriate. These responsive actions may include, but are not limited to, suspending your right to access and use the Services, and/or termination of the agreement between the Service Provider and the customer, without notice and without opportunity to cure. Further and for the avoidance of doubt, the Service Provider reserves the right, in its sole discretion as between any customer and the Service Provider, to restrict access to or to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of any agreement between the Service Provider and its customer pursuant to whose agreement you are given the right to access the Services, or this Acceptable Use Policy.
While the Service Provider and its third party service provider may elect to monitor your use of the Service to confirm your adherence to this Acceptable Use Policy, it is ultimately the responsibility of the user of the Services to ensure that all use complies with this Acceptable Use Policy.
The Service Provider’s right to take action under this Acceptable Use Policy will not place an obligation on the Service Provider to monitor or exert any editorial control over your Web site.
Any breach of the Compliance Policy and/or Deliverability Policy identified during a List audit or a test Send-Out or showing during or as a result of a regular Send-Out entitles, but does not oblige, Mapp to block further Send-Outs and to immediately stop on-going Send-Outs to the concerned List. The blocking will be limited to the necessary scope required to prevent further violations. A blocking shall not result in reduction of the fees. Recurring fees shall continue.
In case of breaches of the Compliance Policy and/or Deliverability Policy Mapp shall be entitled, but not obliged, to reduce the transmission speed for Send-Outs to the List (max. 10,000 emails per hour) alternatively to blocking the List.
Mapp lifts the blocking of a List or the reduction of the transmission speed if no further breaches of the Compliance Policy and/or Deliverability Policy are to be expected. Further breaches are not to be expected as soon as Customer has provided an explanation of what measures were taken to prevent further breaches (e.g. cleaning the List from Addresses causing Rejected Bounces). Customer can instruct Mapp to perform a Deliverability Audit. A Deliverability Audit is a detailed analysis and cleaning of a List intended to improve deliverability and ensure compliance with this Compliance and Deliverability Policy (available for a fee).
In case of repeated or serious breaches of the Compliance Policy and/or the Deliverability Policy Mapp is entitled, but not obliged, to assign Customer’s system to a dedicated separate IP pool that may not provide the same high level of IP reputation as Mapp’s general IP pool which may negatively impact the deliverability of Customer’s Send-Outs.
A material and/or repeated breach of the Compliance Policy and/or the Deliverability Policy shall be considered a material breach of the Agreement.
BANDWIDTH USAGE ALLOCATION
A customer’s use of bandwidth is expected to compare to the normal bandwidth used by other customers. If, in the sole discretion of the Service Provider, a customer requires or is utilizing bandwidth that is excessive in comparison to other customers,
You may not use the Service Provider’s network or any third party networks contracted by the Service Provider to circumvent user authentication or interfere with the security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy. You may not attempt to interfere with or deny service to any user, host, or network. Any violation of network security may result in immediate termination of the Agreement between the customer on whose behalf you are utilizing the Services and the Service Provider.
REVISIONS TO THIS ACCEPTABLE USE POLICY
The Service Provider reserves the right to revise, amend, and/or modify this AUP at any time. Notice of any revision, amendment, and/or modification to this AUP will be posted on the dashboard/welcome page for the Services. You agree that your use of the Services, beyond a period of ten (10) calendar days after a notice of such change has been provided on the Services for the first time, shall constitute your consent to the revised, amended, and/or modified version of the AUP.
v15.0 (effective April 27, 2017)