Acceptable Use Policy

Important Note: IXACT Contact Solutions Inc. (“Company”) may revise its current Acceptable Use Policy (“AUP”) from time to time by posting a new version at www.ixactcontact.com/aup. Such revisions shall have immediate effect between Company and you (“Subscriber”). Please direct any questions or comments regarding this AUP and complaints of violations of this AUP to abuse@ixactcontact.com.

Introduction
 
This AUP is designed to help protect Company and Subscriber from abusive or illegal activities. When using the Services, including any products, content, applications or services in conjunction with the Services, Subscriber must comply with all applicable laws, policies, rules and legal terms, including this AUP. Subscriber will be responsible for all violations of this AUP traced to Subscriber’s use of the Services. This AUP supplements and is incorporated into Subscriber’s legal agreement between Company and Subscriber for the provision of the Services (the “Terms of Service”) as can be found at https://www.ixactcontact.com/subscriber-agreement. Unless otherwise defined in this AUP, defined terms have the meanings given to them in the Terms of Service.

“Services” refers to any or all services that Subscriber receives from Company.

BY SUBSCRIBING TO SERVICES PROVIDED BY COMPANY AND ENTERING INTO AN AGREEMENT, SUBSCRIBER AGREES THAT THE TERMS OF THIS AUP WILL BE BINDING ON SUBSCRIBER AND ANY INDIVIDUAL THAT USES SUBSCRIBER’S USER ACCOUNT.

Subscriber Agrees to:

  • use the Products and Subscription Services in accordance with applicable laws and government regulations;
  • use Products and Services only in a manner consistent with the purpose of intent of the Products and Services; and
  • be solely responsible for the content of any material posted, hosted, downloaded, uploaded, created, accessed or transmitted using the Services and that Company has no responsibility for any material created on or made accessible by Subscriber’s use of the Services.

Prohibited Activities
 
Without limitation, Subscriber may not use (or allow anyone else to use) the Services to:

  • generate, distribute, publish or facilitate unsolicited mass email or other messages, promotions, advertisements or solicitations (spam);
  • collect, use or disclose information without the consent of the owner of the information, if prohibited by applicable law;
  • interfere with a third party’s use of the Services;
  • violate, or encourage the violation of, the legal rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another;
  • use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable;
  • disrupt any service, or otherwise restrict, inhibit, disrupt or impede Company’s ability to monitor or deliver the Services;
  • post, upload, transmit or otherwise make available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature; distributing mass or unsolicited e-mail (“spam”);
  • use the Service in such a manner so as to avoid incurring charges for usage;
  • copy, distribute, sub-license or otherwise make available any Application Company provides or makes available to Subscriber, except as expressly authorized by Company in writing;
  • resell or transfer Subscriber Services, except as permitted by the Terms of Service or with Company’s express written consent; or participate in any fraudulent or illegal activities; or
  • impersonate any person or entity without consent, including sending altered, deceptive or false source-identifying information (spoofing, phishing).

Violation of this Acceptable Use Policy
 
Company will respond appropriately to allegations of violations of this AUP if it becomes aware of inappropriate use of the Services. Although Company has no obligation to monitor use of the Services, Company reserves the right to monitor usage from time to time to facilitate the operation of the Services; to identify violations of this AUP; and/or to protect its network and customers. Company will not monitor or inspect Subscriber’s data except as otherwise expressly agreed in the Terms of Service.

Company will use reasonable efforts to advise Subscriber of any inappropriate behaviour and any necessary corrective action(s).

Company reserves the right to investigate suspected violations of this AUP, including gathering of information from the Subscriber and the complaining party, if any, and/or examining any material on Company’s and its service provider’s servers and network provided that any such examination of Subscriber data shall be done only as expressly agreed in the Terms of Service. During an investigation, Company may suspend, block or terminate the account(s) involved and/or remove material which potentially violates this AUP. For the proper enforcement of this AUP, Subscriber hereby authorizes Company to cooperate with law enforcement authorities in the investigation of suspected criminal violations, subject to any confidentiality provisions of the Terms of Service. Such cooperation may include Company providing user names, IP addresses, or other identifying information.

Consent
 
Subscriber is responsible for gathering all appropriate or necessary consents from the Subscriber’s recipients. Subscriber acknowledges that the Subscriber, and not the Company, that has a business or non-business relationship with any recipients of electronic messages sent by Subscriber through the Application, and therefore the Company cannot be held liable for any activity of the Subscriber while using the Services.

No Responsibility for Content
 
Subscriber is responsible for the content that Subscriber transmits through the Services. Company assumes no responsibility for and exercises no control over the content contained on or accessible through the Services. Content accessed or transmitted by Subscriber using the Services is accessed and transmitted at Subscriber’s own risk, and Company is not liable for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to Subscriber’s access to or transmission of this content.

Content Submitted for Inclusion on the Services
 
Neither Company nor its suppliers and/or agents owns content which Subscriber makes available for inclusion on the publicly accessible areas of the Services. However, with respect to content Subscriber makes available for inclusion on publicly accessible areas of the Services, Subscriber grants Company and its suppliers and/or agents the following world-wide, royalty-free and non-exclusive licenses, as applicable:

  • with respect to content Subscriber makes available on publicly accessible areas of Application, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display this content on the Services solely for providing and promoting the specific Website. This license exists only for as long as Subscriber includes content on the Services and terminates at the time Subscriber removes or Company removes Subscriber’s content from the Services.
  • with respect to photos, graphics, audio or video Subscriber makes available on publicly accessible areas of the Services other than Company, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display content on the Services solely for the purpose for which it was made available. This license exists only for as long as Subscriber includes content on the Services and terminates when Subscriber removes or Company removes Subscriber’s content from the Services.

Security
 
As set out above, Subscriber is responsible for any misuse of the Services, by Subscriber or by any other person with access to the Services through Subscriber’s equipment or account. Therefore, Subscriber must take steps to ensure that others do not gain unauthorized access to the Services through any means.

Complaints
 
Please direct any complaints of violations of this AUP to abuse@ixactcontact.com. Questions or complaints, concerning third party content should be addressed to the applicable content provider.