Acceptable Use Policy
Agreement to Terms
This Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by Idea2, whether we provide it directly or use another party to provide it to you.
This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. By using the Service, you are agreeing to these terms.
If you are using any Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of Services pursuant to our Customer Terms of Service for violations of this AUP.
We periodically update these terms and we post a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.
If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.
- Prohibited Email Actions
You may not use our Services to send spam. Spam can be in the form of bulk email or one to one commercial emails.
- Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the messages in violation of Canada’s Anti-Spam Legislation (referenced below), or in violation of the Data Protection Laws or Regulation.
You may not use any misleading or false names, addresses, email address, or subject line.
- Email sent, or caused to be sent to or through the Service may not use or contain invalid or forged headers; use or contain invalid or non-existent domain names; employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; use other means of deceptive addressing; use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; contain false or misleading information in the subject line or otherwise contain false or misleading content; or use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.
You may not email purchased lists.
- You are prohibited from using the Service to email purchased, rented, or borrowed lists, and lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.
- Email Opt-out Requirements
You warrant that each email you send or is sent for you using the Service will contain header information that is not false or misleading; and an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information). These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.
- No Disruption
You agree not to use the Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. You also agree not to use the Service in a way that causes or may cause any IP addresses, domains, or customer domains to be blacklisted. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
Morals, ethics, and compliance with applicable laws and regulations
In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Service with content, or in a manner that:
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party’s intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes 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;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Service from using and enjoying our website and/or the Service;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- 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);
- is legally actionable between private parties;
- is not a good faith use of the service, such as uploading Contacts in excess of your Contact tier, emailing those Contacts and then purging them shortly thereafter; and/or
- is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and any regulations having the force of law or laws in force in your or your email recipient’s country of residence;
- encourages, promotes, facilitates or instructs others to engage in illegal activity;
- promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.
Proper Usage of the Service
You will respect the limits that apply to your use the Service as specified in the Product-Specific Terms. This applies in particular to the data volume, resp. amount of emails or contacts agreed with the purchase. We may update or change these Service Limits by updating our Product-Specific Terms.
You will use the Service for your internal business purposes and will not willfully tamper with the security of the Service or tamper with our customer accounts; access data on the Service not intended for you; log into a server or account on the Service that you are not authorized to access; attempt to probe, scan or test the vulnerability of any Service or to breach the security or authentication measures without proper authorization; willfully render any part of the Service unusable; lease, distribute, license, sell or otherwise commercially exploit the Service or make the Service available to a third party other than as contemplated in your subscription to the Service; use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or provide to third parties any evaluation version of the Service without our prior written consent.
You will not use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. You will not use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or application or interferes with any other party’s use of the Subscription Service;
You will not attempt to gain unauthorized access to the Subscription Service;(access the Subscription Service other than through our interface; or use the Subscription Service for any purpose or in any manner that is unlawful or prohibited by this Agreement.
You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service. You may not use the Subscription Service where your communications would be subject to limiting laws.
You will notify us right away of any unauthorized use of your Users’ identifications and passwords or your account.
As a customer, you are responsible for complying with applicable laws and regulations for the collection, processing, or management of Sensitive Data when using the Service. We disclaim all liability that may result from your use of the Subscription Service to collect, manage, or process Sensitive Data.
The Client retains all rights, titles, and interest in regards to the Data and Customer Data. Idea2 does not have any rights, title or interest in the content processed by the Software and the Client retains all the rights to this regard. We use customer information only to provide you with the subscription service and consulting services, and only in accordance with applicable laws and this Agreement.
The Client acknowledges that the Contract does not create any obligation for Idea2 to retain Client Data and that Idea2 can not in any way be held liable to the Customer for this fact.
The Client agrees to implement reasonable measures to search for viruses and other malicious code before uploading any data to the Server, Site, Software and Third Party Software.
Idea2 will not process its clients’ data. In specific cases, and when the client requests it via Idea2 support, Idea2 is likely to possess and handle their clients’ data for the sole purpose of fulfilling the client’s demand.
We may immediately suspend your access to the Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP.
We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We may review or delete, without notice, any Customer Data or Customer Materials that in our sole discretion violate these Terms or the AUP. However, we are under no obligation (unless otherwise required by applicable laws and regulations) to inspect, monitor or edit your Customer Data or Customer Materials. We further reserve all other rights.
We may also suspend the service due to outstanding payments. We will notify you of the non-payment of amounts due. If the full amount is not paid, we may suspend your access to any or all of the Subscription Services for ten (10) days after notification. We will not suspend the Subscription Service if you can establish the accuracy of the charges in question and object in good faith and cooperate with us in a reasonable manner in resolving the disputed matter. If a Subscription Service is suspended for failure to make payments, we may charge you a reactivation fee to reactivate the Subscription Service.
We may suspend, limit or terminate the Free Services at any time, for any reason and without notice. We may terminate your subscription to the Free Services due to your inactivity.
You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of unauthorized or illegal use of the Subscription Service, noncompliance with or breach of this Agreement, use of Third-Party Products by you and your Affiliates, or the unauthorized use of the Subscription Service by any other person using your User information.
We will notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that imposes an obligation on us; requires us to make an admission; or imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
We may update and change any part or all of this AUP and will inform you by posting the revised copy on our website.
If you have any questions or concerns regarding these terms and conditions, please send us a few lines to email@example.com
Idea 2 Collective GmbH