Spectiv Acceptable Use Policy

This Spectiv Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by us (Spectiv), whether we provide it directly or use another party to provide it to you (each, a “Spectiv Service”). This AUP is designed to ensure compliance with the laws and regulations that apply to the Spectiv Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Spectiv Service unless you agree to them. By using the Spectiv Service, you are agreeing to these terms.  

1 Reporting Suspected Violations
2 Prohibited Email Actions
3 No Disruption
4 Proper Usage of the Spectiv Service
5 Spectiv Trademark Use
6 General Terms

If you are using any Spectiv 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 Spectiv Services pursuant to our Customer Terms of Service for violations of this AUP.  

We periodically update this AUP, and we will let you know when we do posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

1. Reporting Suspected Violations
1.1

We encourage recipients of email messages sent using the Spectiv Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to abuse@spectiv.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

During the Subscription Term, we will provide your Users access to use the Subscription Service as described in this Agreement and the applicable Order. You must ensure that all access, use and receipt by your Users is subject to and in compliance with this Agreement. We may also provide your Users access to use our Free Services at any time by activating them in your Spectiv account. We might provide some or all elements of the Subscription Service through third party service providers. Your may provide access and use of the Subscription Service to your Affiliate’s Users or allow them to receive the Consulting Services purchased under this Order; provided that, all such access, use and receipt by your Affiliate’s Users is subject to and in compliance with the Agreement and you will at all times remain liable for your Affiliates’ compliance with the Agreement.

1.2

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.

2. Prohibited Email Actions
2.1

We encourage recipients of email messages sent using the Spectiv Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to abuse@spectiv.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

You may not use Spectiv to send spam. Spam can be in the form of bulk email or one to one commercial emails.

2.2

Bulk email is spam when it is unsolicited and it is being used for promotional purposes. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Promotional means the essence of the email’s content is to encourage someone to make a purchase or engaged in some form of a commercial transaction. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.

2.3

One-to-one commercial emails are spam when they violate CAN-SPAM. One-to-one commercial emails are also considered Spam if the data processed for purposes of sending that email is in scope of the General Data Protection Regulation (‘GDPR’) and you fail to provide notice to individuals and establish a lawful basis of processing.

2.4

You may not use the Spectiv Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) spam in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (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, (d) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below), or (e) in violation of the General Data Protection Regulation (GDPR).

2.5

You may not use any misleading or false names, addresses, email address, or subject line.

2.6

Email sent, or caused to be sent to or through the Spectiv Service 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) use other means of deceptive addressing; (e) 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; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

2.7

You may not email purchased lists.

2.8

You are prohibited from using the Spectiv Service to email: (a) purchased, rented, or borrowed lists, and (b) lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.

3. No Disruption

You agree not to:

3.1

use the Spectiv 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;

3.2

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;

3.3

use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Subscription Service;

3.4

attempt to gain unauthorized access to the Subscription Service;

3.5

access the Subscription Service other than through our interface;

3.6

use the Spectiv 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; or

3.7

use the Spectiv Service in a way that causes or may cause any Spectiv IP addresses, Spectiv domains, or Spectiv customer domains to be blacklisted.

3.8

Examples of prohibited actions include (without limitation) include 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.

3.9

These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

4. Proper Usage of the Spectiv Service
4.1

You will respect the limits that apply to your use the Spectiv Service as specified in your agreement with us (the “Service Limits”).

4.2

In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Spectiv Service with content, or in a manner that:

4.2.1 is threatening, abusive, harassing, stalking, or defamatory;

4.2.2 is deceptive, false, misleading or fraudulent;

4.2.3 is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);

4.2.4 contains vulgar, obscene, indecent or unlawful material;

4.2.5 infringes a third party’s intellectual property right(s);

4.2.6 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;

4.2.7 uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;

4.2.8 downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;

4.2.9 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;

4.2.10 restricts or inhibits any other user of the Spectiv Service from using and enjoying our website and/or the Spectiv Service;

4.2.11 harvests or otherwise collects information about others, including e-mail addresses, without their consent;

4.2.12 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);

4.2.13 is legally actionable between private parties;

4.2.14 is not a good faith use of the service;

4.2.15 is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient’s country of residence;

4.2.16 encourages, promotes, facilitates or instructs others to engage in illegal activity; or

4.2.17 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.

4.3

Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Spectiv Service, regardless of whether the Spectiv Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Spectiv Service.

4.4

You are responsible for moderating user generated content or user activity on your platform or service. User generated content that violates these standards may result in termination of your use of the Spectiv Service.

4.5

You will use the Spectiv Service for your internal business purposes and will not: (i) willfully tamper with the security of the Spectiv Service or tamper with our customer accounts; (ii) access data on the Spectiv Service not intended for you; (iii) log into a server or account on the Spectiv Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Spectiv Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Spectiv Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Spectiv Service or make the Spectiv Service available to a third party other than as contemplated in your subscription to the Spectiv Service; (vii) use the Spectiv Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Spectiv Service without our prior written consent.

5. Spectiv Trademark Use
5.1

Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Spectiv Service, or any identifier or tag generated by the Spectiv Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.

6. General Terms
6.1

We may immediately suspend your access to the Spectiv 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 may also suspend your access as we explain in our Customer Terms of Service and, if you breach this AUP, we may terminate your subscription agreement for cause. 

6.2

You acknowledge we may disclose information regarding your use of any Spectiv Service to satisfy any law, regulation, government request, court order, subpoena or other legal process.  If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.

6.3

We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.

6.4

We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted on our website.