Hello! Please keep reading this important policy. It applies to your use of any of our services. Speaking of which, thank you for your interest. We appreciate you (and your apparent love of legal terms).
Who are we? We are Infusion Software, Inc., d/b/a Keap. We might call ourselves “Keap” (“We”, “Us” or “Our”).
Who are you? You are a customer, or you represent a customer, of our Keap Service (as defined below). So, you be “You” (or “Your”).
A few things You should know right away:
YOU, YOUR AFFILIATES, AND ANY COMPANY YOU REPRESENT AGREE TO FOLLOW AND BE BOUND BY THIS ACCEPTABLE USE POLICY (“AUP”). IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOUR AFFILIATE(S) OR COMPANY, YOU ARE REPRESENTING TO US THAT YOU HAVE READ THESE TERMS, YOU HAVE THE AUTHORITY TO BIND YOUR AFFILIATE(S) OR COMPANY, AND THE TERM “YOU” SHALL REFER TO YOUR AFFILIATE(S) AND COMPANY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR AFFILIATES OR COMPANY COMPLY WITH THIS AUP.
This AUP applies to Your use of all of Our services, including all subscriptions for Our hosted software as a service (SaaS) solutions and any other related services that We may provide to You ("Services").
January 29, 2019
This AUP is current as of the date set forth above. We reserve the right to update AUP from time to time consistent with applicable laws and principles. Any changes will be effective as of the date we publish the revised version at Keap.com/legal, or as otherwise specified in the AUP. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS AUP, YOU MUST NOT USE THE SERVICES.
You will be solely responsible for any monetary damages suffered by Us due to Your actions or inactions, including without limitation, regulatory penalties (e.g., FTC) and punitive damages related to Our lost clients and revenues. Further, You agree to indemnify and hold Us harmless from and defend Us against any third party or government claims, including all related damages, costs and expenses (including reasonable attorneys' fees), that arise due to Your violation this AUP, including damages related to other users of the Services and attorney's fees.
You may not, and may not allow any third‐party, including Your users, to use the Services to display, store, process or transmit, or permit use of Services to display, store, process or transmit (collectively the "Prohibited Material"):
You may not use the Services to, nor allow its users or any third‐party to use the Service to:
Generate or facilitate unsolicited commercial email (spam), including without limitation:
A $250 investigation fee may be assessed to Your account for each complaint of unauthorized communication that We receive involving a Your account. This non-refundable fee goes toward confirming complaints either digitally or verbally between sources of complaints. "Complaints" may include, but are not limited to, individual reports e-mailed to [email protected], third-party Internet Service Provider ("ISP") complaint notifications, notification from anti-spam organizations such as "SpamCop" and internal heuristic research.
Upon receiving a complaint, We will investigate the complaint, and will make a reasonable effort to contact You by e-mail, telephone and/or login notification within the Services to notify You of the complaint.
If You do not take immediate remedial action to rectify any complaint, or in the event of widespread and/or repeated violations, or excessive complaints exceeding industry standards (currently < 0.1% on a per Email/ISP basis, but subject to change at any time), We reserve the right to suspend or terminate Your access to the Services until the situation has been resolved to Our satisfaction in Our sole discretion. In the event of suspension, Services can only be reinstated by meeting the criteria We determine to minimize and address complaints, and We may assess You a $200 "Service Reactivation Fee" in addition to any investigation fees.