Revised: January 29, 2019
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").
- Effective Date policy.
January 29, 2019
- Changes to Policy.
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 https://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.
- Prohibited Material.
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"):
- Material that infringes or misappropriates, or uses without appropriate consent, a third party's intellectual property or proprietary rights;
- Hate‐related, abusive, and/or material advocating discrimination against individuals or groups;
- Material related to violence of any kind, including instructions on how to assemble or otherwise make bombs or other weaponry
- Obscene, excessively profane, disparaging, defamatory, malicious, unlawful or otherwise objectionable material, including pornographic or illicitly pornographic sexual products, adult magazines, video and software, escort services, dating services, adult "swinger" material, or anything which exploits of minors under 18 years of age;
- Material advocating or advancing criminal hacking, cracking, or phishing;
- Material related in any way to illegal drugs or paraphernalia, marijuana and related paraphernalia, prescription drugs, and any product subject to or content in violation of the Controlled Substances Act;
- Material that in any way targets children 13 years of age or younger;
- Unlawful software and malicious code, (such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs), or corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third‐party rights, including publicity or privacy rights;
- Debt collections, credit repair and debt relief offerings stock picks or promotions "get rich quick" and other similar offers;
- Cryptocurrency sales and promotions or material related to "Mining" bitcoins and other cryptocurrencies; or
- Content related to pyramid schemes or network marketing (i.e. MLM) businesses, odds making and betting/gambling services, including but not limited online casino games, and sporting events
- Prohibited Actions.
You may not use the Services to, nor allow its users or any third‐party to use the Service to:
- Publish, post, upload, distribute, promote, sell, support, facilitate or otherwise make available, or engage in any activity related in any way to, any Prohibited Material;
Generate or facilitate unsolicited commercial email (spam), including without limitation:
- sending communications or email in violation of the CAN‐SPAM Act or any other applicable anti‐spam law or regulation;
- sending unauthorized mail via open, third‐party servers;
- sending email to users who have requested to be removed from a mailing list;
- marketing to any lists whose recipients did not express explicit consent to receive such marketing material;
- selling to, exchanging with, sharing with or distributing to a third party personal information, including the email addresses of any person without such person's knowing and continued consent to such disclosure; or
- sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
- Send voice broadcasts to any recipient listed on the National Do Not Call Registry, or a fax to any recipient, without first obtaining express permission from the recipient to receive such communications from You;
- Send unsolicited communications that direct individuals to of Our e-Commerce services that reference Us;
- Create a false identity for the purpose of misleading others, impersonate another person, entity or Us (via the use of an email addressor otherwise) or otherwise misrepresent the source of any communication;
- Perform significant load or security testing without first obtaining Our written consent, or otherwise Interfere with other users' enjoyment of the Services;
- Engage in activity in connection with illegal peer‐to‐peer file sharing;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or reformat or frame any portion of the web pages that are part of the Services;
- Obtain or attempt to obtain unauthorized access to, or materials or information from, any Services, accounts, computer systems or networks connected to any of the Services, including without limitation, through hacking, password mining or any other means;
- Violate in any manner the applicable guidelines published by the CTIA, the Mobile Marketing Association, the Self‐Regulatory Principles as directed by the Digital Advertising Alliance and the Network Advertising Initiative or any other generally accepted industry associations, carrier guidelines or other industry, third party policies or requirements that We may communicate to You;
- Generate or facilitate any communications (including without limitation, SMS, MMS, or other text messages, calls, faxes, or push notifications) in violation of the Telephone Consumer Protection Act, the Do‐Not‐Call Implementation Act, or any other applicable law including anti‐spam, telemarketing or telephone consumer protection laws or regulations;
- Violate any other applicable laws or regulations.
- Additional Requirements.
- All email lists used in conjunction with the services provided by Us are required to be 100% solicited (opt-in) lists, and You must have sufficient evidence, as determined in Our sole discretion, that all individuals in Your database have opted in or otherwise explicitly agreed to receive communications from You. Bartering, purchasing or renting lists of names and sending e-mails to those people is strictly prohibited, and marketing lists containing email addresses cannot be shared/duplicated/transferred between Our individual applications.
- All e-mail messages sent using the Services must use Our provided opt-out link, must include a valid physical address of the sender and must contain a clear subject line that does not mislead the recipient as to the contents of the e-mail. The opt-out link may not be excessively "padded" with line- breaks or similar means to deceive recipients. Unsubscribe requests must be processed immediately.
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.