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Acceptable Use Policy
This document contains the Acceptable Use Policy (“AUP”) under which you (“Customer”) use the Email Services provided by MailMine LLC (“MailMine”). Customer acknowledges and agrees to be bound by all the terms, conditions, and policies of the AUP, as set forth herein, including any future amendments. Customer acknowledges and agrees that it is responsible for continual compliance with this policy, in order to preserve the integrity, security and reliability of Email Services and its networks, systems, facilities and data.
Sending Spam
Customer may not send, or attempt to send, unsolicited email messages (“Spam”). Spam is not only annoying to Internet users; it violates many federal and state laws and seriously affects the efficiency and cost-effectiveness of the Email Services. Sending Spam can lead to industry blacklisting of Customer’s business and mail servers, resulting in interruption and/or termination of Customer’s Email Services.
Specifically, Customer agrees not to:
1) Send, or attempt to send, Spam of any kind from the MailMine network;
2) Send, or attempt to send, Spam of any kind from third-party networks using a return email address that is hosted on the MailMine network, or referencing an email address hosted on the MailMine network;
3) Send email messages which result in complaints from the recipient or from the recipient’s email provider, or which result in blacklisting of the sender’s email address or mail server;
4) Send email messages which are excessive and/or intended to harass or annoy others;
5) Continue to send email to a recipient that has indicated that he/she does not wish to receive it;
6) Take any actions intended to cloak the identity of the Customer’s identity or contact information, including but not limited to intentionally omitting, deleting, forging or misrepresenting message headers or return addresses; or
7) Take any other action that results in blacklisting of the sender’s email address or mail server, or negatively impacts other customers who use the Email Services.
In the absence of positive, verifiable proof to the contrary, MailMine considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated. Past or present violations of this policy by Customer at other email providers will be considered a violation of this policy and will be grounds for MailMine to suspend or terminate Customer’s access to the Email Services.
Sending “Opt-in” Bulk Email
Customer may not use the Email Services to send “Opt-in” Bulk Email. MailMine defines “Opt-in Bulk Email” (“Bulk Email”) as email messages of similar content that are sent to more than 250 recipients within a relatively short period of time. The term “Opt-in” means that the recipients have signed up to receive the emails voluntarily, and implies that the Bulk Email is not Spam. The Email Services system has measures in place to prevent Bulk Email from being sent through its servers, and any attempt to do so may not be delivered and may result in interruption and/or termination of Customer’s Email Services. Attempts to circumvent this Bulk Email restriction by breaking up bulk mailings over a period of time or by sending from multiple accounts will itself be considered a violation of this policy.
Additionally, the Email Services system is not set up to process bounce messages for Bulk Email. Therefore, Customer may not send Bulk Email from third-party networks using a return address that is hosted on the MailMine network.
Receiving Bulk Email
Customer may not use the Email Services for the purpose of receiving Bulk Email. Submitting any email address that is hosted on the MailMine network to Bulk Mail organizations such as Safelists, FFAs and spam databases is expressly prohibited. Customer agrees to grant MailMine the right to block Bulk Mail from such organizations.
Security
Customer is prohibited from violating, or attempting to violate, the security of the MailMine network and the Email Services system. Any violations may result in criminal and civil liabilities to the Customer. MailMine will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the MailMine network or the Email Services system include, but are not limited to: (i) accessing data not intended for Customer, (ii) logging into a server or account which the Customer is not authorized to access, (iii) attempting to probe, scan or test the vulnerability of a system, (iv) breach of security or authentication measures, (v) attempting to interfere with service to any other Customer, host or network, or (vi) taking any action in order to obtain services to which the Customer is not entitled.
Illegal Use
The Email Services may only be used for lawful purposes. For example, Customer may not use the Mailmine network or the Email Services system to create, transmit, distribute, or store content that: (i) violates a trademark, copyright, trade secret or other intellectual property right of another, (ii) violates export control laws or regulations, (iii) violates the privacy, publicity, or other personal rights of others, (iv) impairs the privacy of communications, (v) contains obscene, offensive, unlawful, defamatory, harassing, abusive, fraudulent, libelous, tortious, vulgar, hateful, or racially, ethnically or otherwise objectionable content as reasonably determined by MailMine, (vi) harms minors in any way, (vii) falsely states or otherwise misrepresents the Customer’s affiliation with a person or entity, or in any way impersonates any person or entity, (viii) encourages conduct that would constitute a criminal offense or give rise to civil liability,
(ix) constitutes deceptive on-line marketing, (x) violates reasonable regulations of MailMine or other service providers, (xi) causes technical disturbances to the Email Services system, its partner networks or the network used by Customer to access the Email Services, or violates the policies of such networks, including, but not limited to, intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data, or (xii) assists, encourages or permits any persons engaging in any of the activities described in this section. If Customer becomes aware of any such activities, Customer is obligated to immediately notify MailMine and take all other appropriate actions to cause such activities to cease.
Content
Customer is responsible for all content that is transmitted, received and stored by MailMine through the Customer’s use of the Email Services. MailMine takes no responsibility for content passing through or stored on the MailMine network or Email Services system, including but not limited to, viruses, mail floods or other disabling features, or content provided on third-party websites that are linked to by content passing through or stored on the MailMine network. MailMine does not adopt, nor warrant the accuracy of, the content of any linked Web site and undertakes no responsibility to update the content. Use of any information obtained via the MailMine network is at Customer’s own risk.
Consequences of Unacceptable Use
MailMine reserves the right to suspend or terminate Customer’s access to the Email Services upon notification of a violation of this policy. Indirect or attempted violations of the policy, and actual or attempted violations by a third party on behalf of Customer, shall be considered violations of this policy by Customer.
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