Acceptable Use Policy - Email

This page contains the Acceptable Use Policy for Email ("AUPE") under which all Tungsten clients (collectively, "Client") use Email Services provided by Tungsten. Client acknowledges and agrees to be bound by all the terms, conditions, and policies of the AUPE, as set forth herein, including any future amendments. Client acknowledges and agrees that it is responsible for continual compliance of this policy, in order to ensure the integrity, security and reliability of the Email Services and its networks, systems, facilities and data.

Sending Spam

Client may not send, or attempt to send, unsolicited email messages ("Spam"). Spam is not only annoying to Internet users; it violates many federal and state laws and seriously affects the efficiency and cost-effectiveness of the Email Services. Sending Spam can lead to industry blacklisting of Client's business and mail servers, resulting in interruption and/or termination of Client's Email Services.

Specifically, Client agress not to:

  • Send, or attempt to send, Spam of any kind from the Service Provider Network;
  • Send, or attempt to send, Spam of any kind from third-party networks using a return email address that is hosted on the Service Provider Network, or referencing an email address hosted on the Service Provider Network;
  • Send email messages which result in complaints from the recipient or from the recipient's email provider, or which result in blacklisting of the sender's email address or mail server;
  • Send email messages which are excessive and/or intended to harass or annoy others;
  • Continue to send email to a recipient that has indicated that he/she does not wish to receive it; or
  • Take any actions intended to cloak the Client's identity or contact information, including but not limited to intentionally omitting, deleting, forging or misrepresenting message headers or return addresses.

In the absence of positive, verifiable proof to the contrary, Service Provider considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.

Sending "Opt-in" Bulk Email (Permission based).

Client may not use the Email Services to send "Opt-in" Bulk Email. Service Provider defines "Opt-in" Bulk Email ("Bulk Email") as email messages of similar content that are sent to more than 250 recipients within a relatively short period of time. The term "Opt-in" means that the recipients have signed up to receive the emails voluntarily, and implies that the Bulk Email is not Spam. Service Provider has measures in place to prevent Bulk Email from being sent through its servers, and any attempt to do so may not be delivered and may result in interruption and/or termination of Client's Email Services. Attempts to circumvent this Bulk Email restriction by breaking up bulk mailings over a period of time or by sending from multiple email accounts will itself be considered a violation of this policy.

Additionally, the Service Provider Network is not set up to process bounce messages for Bulk Email. Therefore, Client may not send Bulk Email from third-party networks using a return address that is hosted on the Service Provider Network, unless Client takes extreme care to prevent more than 100 bounce emails from arriving to the Service Provider Network as the result of sending Bulk Email from a third-party network.

Security.

Client is prohibited from violating, or attempting to violate, the security of the Service Provider Network. Any violations may result in criminal and civil liabilities to the Client. Service Provider will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Service Provider Network include, but are not limited to:

(i) accessing data not intended for Client,
(ii) logging into a server or account which the Client is not authorized to access,
(iii) attempting to probe, scan or test the vulnerability of a system,
(iv) breach of security or authentication measures,
(v) attempting to interfere with service to any User, host or network, or
(vi) taking any action in order to obtain services to which the Client is not entitled.

Illegal Use.

The Email Services may only be used for lawful purposes. For example, Client may not use the Service Provider Network to create, transmit, distribute, or store content that:

(i) violates a trademark, copyright, trade secret or other intellectual property rights of others,
(ii) violates export control laws or regulations,
(iii) violates the privacy, publicity or other personal rights of others,
(iv) impairs the privacy of communications,
(v) contains obscene, offensive, unlawful, defamatory, harassing, abusive, fraudulent, or otherwise objectionable content as reasonably determined by Service Provider,
(vi) encourages conduct that would constitute a criminal offense or give rise to civil liability,
(vii) constitutes deceptive on-line marketing,
(viii) violates reasonable regulations of Service Provider or other service providers,
(ix) causes technical disturbances to the Service Provider Network, its partner networks or the network used by Client to access the Email Services, or violate the policies of such networks, including, but not limited to, intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data, or
(x) assists, encourages or permits any persons in engaging in any of the activities described in this section.
If Client becomes aware of any such activities, Client is obligated to immediately notify Service Provider and take all other appropriate actions to cause such activities to cease.

Content.

Client is responsible for all content that is transmitted, received and stored by Service Provider through Client's use of the Email Services. Service Provider takes no responsibility for content passing through or stored on the Service Provider Network, including but not limited to, viruses, mail floods or other disabling features, or content provided on third party websites that are linked to by content passing through or stored on the Service Provider Network. Service Provider does not adopt, nor warrant the accuracy of, the content of any linked Web site and undertakes no responsibility to update the content. Use of any information obtained via the Service Provider Network is at Client's own risk.

Consequences of Unacceptable Use.

Service Provider reserves the right to suspend or terminate Client's access to the Email Services upon notice of a violation of this policy. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of Client, shall be considered violations of this policy by Client.