As a provider of Email marketing
services, EmailOpen offers its customers (also known as subscribers),
and their customers and users, the means to acquire and disseminate
a wealth of public, private, commercial, and non-commercial information.
EmailOpen respects that the Internet provides a forum for free
and open discussion and dissemination of information, however,
when there are competing interests at issue, EmailOpen reserves
the right to take certain preventative or corrective actions.
In order to protect these competing interests, EmailOpen has developed
an Acceptable Use Policy ("AUP"), which supplements
and explains certain terms of each customer's respective service
agreement and is intended as a guide to the customer's rights
and obligations when utilizing EmailOpen's services. This
AUP will be revised from time to time.
One important aspect of the Internet is that no one party
owns or controls it. This fact accounts for much of the
Internet's openness and value, but it also places a high premium
on the judgment and responsibility of those who use the Internet,
both in the information they acquire and in the information they
disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that EmailOpen cannot monitor,
verify, warrant, or vouch for the accuracy and quality of the
information that subscribers may acquire. For this reason, the
subscriber must exercise his or her best judgment in relying on
information obtained from the Internet, and also should be aware
that some material posted to the Internet is sexually explicit
or otherwise offensive. Because EmailOpen cannot monitor
or censor the Internet, and will not attempt to do so,
EmailOpen cannot accept any responsibility for injury
to its subscribers that results from inaccurate, unsuitable, offensive,
or illegal Internet communications.
When subscribers disseminate information through the Internet,
they also must keep in mind that EmailOpen does not review,
edit, censor, or take responsibility for any information its subscribers
may create. When users place information on the Internet,
they have the same liability as other authors for copyright infringement,
defamation, and other harmful speech. Also, because the information
they create is carried over EmailOpen's network and may reach
a large number of people, including both subscribers and nonsubscribers
of EmailOpen, subscribers' postings to the Internet may affect
other subscribers and may harm EmailOpen's goodwill, business
reputation, and operations.
For these reasons, subscribers violate EmailOpen policy
and the service agreement when they, their customers, affiliates,
or subsidiaries engage in the following prohibited activities:
» Spamming -- Sending unsolicited bulk
and/or commercial messages over the Internet (known as "spamming").
It is not only harmful because of its negative impact on consumer
attitudes toward EmailOpen, but also because it can overload
EmailOpen's network and disrupt service to EmailOpen subscribers.
Also, maintaining an open SMTP relay is prohibited. When a complaint
is received, EmailOpen has the discretion to determine from all
of the evidence whether the email recipients were from an "opt-in"
email list.
» Intellectual Property Violations --
Engaging in any activity that infringes or misappropriates the
intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and
patents held by individuals, corporations, or other entities.
Also, engaging in activity that violates privacy, publicity, or
other personal rights of others. EmailOpen is required by law
to remove or block access to customer content upon receipt of
a proper notice of copyright infringement. It is also EmailOpen's
policy to terminate the privileges of customers who commit repeat
violations of copyright laws.
» Obscene Speech or Materials -- Using
EmailOpen's network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech
or material. EmailOpen is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography
on or being transmitted through EmailOpen's network.
» Defamatory or Abusive Language -- Using
EmailOpen's network as a means to transmit or post defamatory,
harassing, abusive, or threatening language.
» Forging of Headers -- Forging or misrepresenting
message headers, whether in whole or in part, to mask the originator
of the message.
» Illegal or Unauthorized Access to Other Computers
or Networks -- Accessing illegally or without authorization
computers, accounts, or networks belonging to another party, or
attempting to penetrate security measures of another individual's
system (often known as "hacking"). Also, any activity that might
be used as a precursor to an attempted system penetration (i.e.
port scan, stealth scan, or other information gathering activity).
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» Distribution
of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Activities -- Distributing information regarding the
creation of and sending Internet viruses, worms, Trojan horses,
pinging, flooding, mailbombing, or denial of service attacks.
Also, activities that disrupt the use of or interfere with the
ability of others to effectively use the network or any connected
network, system, service, or equipment.
» Facilitating a Violation of this AUP --
Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this
AUP, which includes the facilitation of the means to spam, initiation
of pinging, flooding, mailbombing, denial of service attacks,
and piracy of software.
» Export Control Violations -- Exporting
encryption software over the Internet or otherwise, to points
outside the United States.
» Usenet Groups -- EmailOpen reserves
the right not to accept postings from newsgroups where we have
actual knowledge that the content of the newsgroup violates the
AUP.
» Other Illegal Activities -- Engaging
in activities that are determined to be illegal, including advertising,
transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
» Other Activities -- Engaging in activities,
whether lawful or unlawful, that EmailOpen determines to be harmful
to its subscribers, operations, reputation, goodwill, or customer
relations.
As we have pointed out, the responsibility for avoiding
the harmful activities just described rests primarily with the
subscriber. EmailOpen will not, as an ordinary practice,
monitor the communications of its subscribers to ensure that they
comply with EmailOpen policy or applicable law. When EmailOpen
becomes aware of harmful activities, however, it may take any
action to stop the harmful activity, including but not limited
to, removing information, shutting down a web site, implementing
screening software designed to block offending transmissions,
denying access to the Internet, or take any other action it deems
appropriate.
EmailOpen also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching EmailOpen's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. EmailOpen does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. EmailOpen has the right to directly take action against a customer of a subscriber. Also, EmailOpen may take action against the EmailOpen subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, EmailOpen anticipates that subscribers who offer Internet services will cooperate with EmailOpen in any corrective or preventive action that EmailOpen deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of EmailOpen policy.
EmailOpen will not intentionally monitor private electronic
mail messages sent or received by its subscribers unless required
to do so by law, governmental authority, or when public safety
is at stake. EmailOpen may, however, monitor its service
electronically to determine that its facilities are operating
satisfactorily. Also, EmailOpen may disclose information, including
but not limited to, information concerning a subscriber, a transmission
made using our network, or a web site, in order to comply with
a court order, subpoena, summons, discovery request, warrant,
statute, regulation, or governmental request. EmailOpen assumes
no obligation to inform the subscriber that subscriber information
has been provided and in some cases may be prohibited by law from
giving such notice. Finally, EmailOpen may disclose subscriber
information or information transmitted over its network where
necessary to protect EmailOpen and others from harm, or where
such disclosure is necessary to the proper operation of the system.
EmailOpen expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate EmailOpen policy.
Finally, EmailOpen wishes to emphasize that in signing the service
agreement, subscribers indemnify EmailOpen for any violation of
the service agreement, law, or EmailOpen policy, that results
in loss to EmailOpen or the bringing of any claim against EmailOpen
by any third-party. This means that if EmailOpen is sued because
of a subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against EmailOpen, plus
costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including EmailOpen and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to info@emailopen.com |
