Last Updated: 1 February 2023.
This is the Acceptable Use Policy (the "AUP") for the services Metrics and Retain (“Services)”. All forms of unacceptable use of our Services are strictly forbidden. Any violation of this AUP will be cause for immediate termination of your Agreement with us.
Our Services are to be used to better understand your business and communicate effectively with your customers to optimise your offering and reduce churn. Any use of our Services to harass or spam individuals or contravene data privacy laws is unacceptable and will result in your access to the Services being suspended.
Any capitalised terms used in this AUP will have the meaning set forth at [URL] The terms used in this Addendum shall have the meanings set forth in this Addendum and capitalized terms not defined herein shall have the meaning set forth in the Agreement.
You may not use our Services to directly or indirectly send, transmit, handle, distribute or deliver: (a) unsolicited email ("Spam" or "Spamming") in violation of the CAN SPAM Act of 2003 or any Applicable Data Protection Laws; (b) an email to an address obtained via internet harvesting methods or otherwise without the consent of the contactee (e.g. scraping or harvesting) and you agree to demonstrate consent to marketing upon our request; or (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, nor may you assist in any such actions, nor engage or enlist another to do so.
Commercial emails must not be sent to an individual's e-mail address unless one of the following situations exist: (a) Prior affirmative consent of the individual has been obtained as defined by the CAN SPAM Act; (b) Transmission of the Email is otherwise in compliance with the CAN SPAM Act; or (c) Prior affirmative consent of the individual has been obtained as defined by Applicable Data Protection Legislation.
In addition, and without limitation to any preceding paragraph, you may not directly or indirectly send, transmit, handle, distribute or deliver any email using our Services with content, or in a manner that: (a) is threatening, abusive, harassing, or defamatory; (b) is deceptive, false, misleading or fraudulent; (c) is invasive of another's privacy; (d) contains vulgar, obscene or indecent material; (e) infringes a third party's intellectual property right(s); (f) violates export control laws and/or regulations; (g) violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail); (h) is legally actionable between private parties and/or (i) is in violation of any Applicable Law.
Emails sent through the Service(s) may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) uses other means of deceptive addressing; (e) use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use our or any third party’s trademark(s), tagline(s), or logo(s) without prior written consent and only in accordance with applicable written guidelines.
You warrant that you shall comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests. You further warrant that each email sent by or for you using our Service(s) shall contain: (a) header information that is not false or misleading; (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information cease for unsolicited or otherwise impermissible and/or inappropriate communication(s) as described herein; and (c) information on one or more methods by which the recipient may notify you of its election to unsubscribe, opt out or otherwise demand that use of its information cease for unsolicited or otherwise impermissible and/or inappropriate communication(s) as described herein.
You agree not to use the Services to: (a) Publish, post, upload, distribute or disseminate any obscene, infringing, defamatory, indecent or unlawful topic, name, material or information;(b) Publish, post, upload, distribute or disseminate any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so; (c) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (e) Download any file that you know, or reasonably should know, cannot be legally distributed in such manner; (f) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (g) Restrict or inhibit any other user from using and enjoying any of our Services; (h) Harvest or otherwise collect information about others, including email addresses, without their consent; or (i) Violate any applicable laws or regulations. We undertake no obligation, but reserve the right, to remove any prohibited materials and to deny access to any person who violates this AUP.
If you believe that an email was sent to you using our Services and you believe that such email violated this AUP, please forward a copy of the received email with FULL headers to product@profitwell.com. It is our policy to investigate and take appropriate action on all reports of abuse.
We reserve the right to supplement, modify, amend or supersede this AUP by posting a revised copy on our website.
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