Last Updated: October 15, 2016
Pepo Campaigns (“Pepo Campaigns”, “we”, “our” or “us”) has adopted this Acceptable Use Policy (“Policy”) to help make our email campaign platform a quality experience for our users and your Subscribers. This Policy describes certain acceptable and unacceptable uses of the Pepo Campaigns website, email marketing services, and other Pepo Campaigns products and services (collectively, the “Services”). You must comply with this Policy whenever you access or use any Services.
We may change this Policy from time to time. If we modify this Policy, we will notify you by revising the date at the top of this Policy and may also notify you by other means, such as by providing a notification to you by email. By continuing to use the Services after such notice, you confirm your acceptance of the modified terms in this Policy. If you do not agree to any modified terms in this Policy, you must stop using all Services.
Your use of the Services must comply with the following:
- All applicable laws.
- Any agreements you may have with Pepo Campaigns regarding your use of the Services, including the Pepo Campaigns Terms of Service.
- This Policy.
Protection of Rights. You must respect intellectual property, privacy and other rights of Pepo Campaigns and third parties. You agree not to do any of the following:
- Send any emails or other content (“Content”) in violation of the copyright, trademark, trade secret, publicity, privacy or other rights of Pepo Campaigns, other users of the Services, consumers, or other third parties;
- Send any Content that you do not otherwise have the right to distribute to the specified recipients, such as information you are required to keep confidential; or
- Attempt to defeat any technical usage protections or restrictions in the Services.
Inappropriate Content. Certain inappropriate content does not belong in emails you send through the Services. You agree not to send any Content through the Services that:
- Constitutes Spam in violation of our Anti-Spam Policy;(LINK)
- Is obscene, pornographic, indecent or sexually explicit or otherwise not appropriate for the audience of your emails;
- Depicts graphic, excessive or gratuitous violence;
- Makes threats or intimidates, harasses or bullies anyone; or
- Is derogatory, demeaning, inflammatory, malicious, defamatory, abusive, offensive or hateful.
Prohibited Conduct. Although as an online service provider, we are not responsible for the content of your emails or your conduct when using our Services, we want our Services to provide a legal, safe and enjoyable experience for all. You agree not to do any of the following:
- Violate our Anti-Spam Policy;
- Send any emails for any illegal purposes, or otherwise use the Services in an illegal manner or in connection with any illegal activities;
- Impersonate any person or entity or otherwise misrepresent yourself, such as your age or your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Engage in, foster or promote any illegal, abusive, inappropriate, fraudulent or irresponsible behavior through any emails or the Services, including by attempting to gain unauthorized access to or use of data, systems or networks or causing any breach of security or authentication measures;
- Attempt to circumvent any content or malware filtering techniques we may use in the Services;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise permitted by law);
- Use the Services for benchmarking or testing purposes, or for the purposes of developing a competing product or service;
- Attempt to access any aspect of the Services that you are not authorized to access;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided or expressly authorized by us to access or use the Services;
- Send emails or attachments that contain or link to viruses, spyware, adware, or other malicious code, files, programs, scripts or websites;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Register for more than one user account or use or attempt to use or access another user’s account without authorization from such user and Pepo Campaigns;
- Create a user account by providing false information;
- Attempt to bypass or circumvent any restrictions or overage charges or other fees set forth by Pepo Campaigns;
- Engage in any predatory, stalking, harassing or harmful conduct; or
- Use any robot, script, or other automated software, device or process to scrape, retrieve or index any data or information from the Services.
Restricted Offerings. Industries having higher-than-average abuse complaints can jeopardize our services’ ability to successfully deliver messages to their intended recipients. To maintain the highest delivery rates possible for all our customers, the following types of services, products, and content may not be advertised, offered or promoted through the Services:
- Escort and dating services
- Pharmaceutical products
- Work from home, make money online, and lead generation opportunities
- Gambling services or products
- Multi-level marketing
- Affiliate marketing
- Credit repair and get out of debt opportunities
- List brokers or list rental services
- Selling “Likes” or followers for a social media platform
- Adult Material
As part of the Pepo Campaigns Acceptable Use Policy, we have adopted the following Spam Policy.
Spam Restrictions. To help ensure Pepo Campaigns is used only to send high quality email messages, and not used to send Spam, you may not do any of the following when using the Services:
- Send Spam. We define Spam as any unsolicited commercial, advertising or promotional emails. Spam can be in the form of emails sent in bulk to multiple recipients, or one-to-one emails sent to individuals not as part of a mass mailing. For one-to-one emails, Spam generally means any emails that violate applicable anti-spam laws, such as the CAN-SPAM Act in the United States. For bulk emails, you must be able to prove that you received an affirmative opt-in from each recipient or have other valid evidence of the recipient’s clear consent to send the email to such recipient.
- Send any chain letters, emails that relate to pyramid or Ponzi schemes, or the like.
- Use any misleading or incorrect names, addresses, email addresses, subject lines, links, or other information in any emails sent through the Services.
- Use an outside unsubscribe process when sending bulk content to a list hosted in Pepo Campaigns.
- Set up multiple accounts for any person or entity in order to send similar content, unless you’re part of a franchise or agency and setting up such accounts is reasonably necessary to properly use the Services.
- Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
- Upload or send emails to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
- Send or forward mail that falsely pretends to be a personal message.
- Send content created using templates in Pepo Campaigns through another service.
- Host images on our servers for any purpose other than for use in your email campaigns.
- Host content on our servers for any purpose other than to send email campaigns.
Additional Requirements. At a minimum, you must comply with all applicable laws regarding your use of the Services, including applicable Spam legislation. However, our Spam Policy also requires that you go beyond what may be required by law and engage in the following best practices:
- All recipients must affirmatively opt-in to your email list, whether or not such consent is required by law.
- The opt-in must be an express, verifiable consent to receive marketing communications. This means your request for consent was made separately and not embedded within another agreement. You must have records made at the time of consent documenting each recipient’s consent.
- A double opt-in signup is recommended where appropriate and legal to do so. This can help verify that you have permission to send email to a subscriber.
- Pepo Campaigns is a permission-based newsletter delivery service. This means that no purchased, rented, or scraped lists can be used in Pepo Campaigns even if these addresses are for people in your industry, trade association, etc. These lists are notorious for providing bad addresses that can cause high bounce rates and lead to blacklisting.
- All emails will automatically include a Pepo Campaigns “unsubscribe” link that allows subscribers to instantly remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable such link.
- All emails must contain non-Internet contact information of the sender or the entity on whose behalf the email was sent, such as that entity’s address or phone number. Some jurisdictions have specific legal requirements on what contact information must be disclosed, and you must comply with all such requirements applicable to the emails you send through the Services.
- All emails must state the reason the recipient is receiving the message. For example, “You are receiving this message from [Company name] because you signed up for our email list at [website address].”
- You may not send unsolicited email through a third party in order to try to get people to sign up to your Pepo Campaigns-managed email list, or to visit a website that you market using Pepo Campaigns in any way.
Violations and Enforcement
If you violate this Policy (including our Spam Policy), we may suspend, limit or terminate your account or ability to use the Services. Violation of this Policy also may be grounds for terminating your agreement with us, in accordance with the terms of such agreement.
Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. If we determine that your level of abuse complaints exceeds industry norms, we may assume you have violated this Policy unless you can demonstrate to our satisfaction that there has in fact been no violation.
Enforcement of this Acceptable Use Policy is at our discretion. If we do not enforce this Policy in some instances, that does not constitute a waiver of our right to enforce this Policy in other instances. At the same time, we encourage you to report potential violations of this Policy. If you believe there is a violation of this Policy and would like to report it to us, please contact us at email@example.com. Please note we cannot guarantee that any reports of violations you submit, including your identity, will be kept confidential. We are under no obligation to respond to any reports we receive. A personal reply to reports you submit may not always be possible.
This Policy does not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services or emails sent through the services will not contain any content or behavior that is prohibited by this Policy. As an online service provider, we are not liable for any emails or behavior sent or conducted by our users through the Services. Although we have no obligation to screen, edit or monitor any content provided by our users, we reserve the right to remove, screen or edit any such content at any time and for any reason without notice, including past email messages already sent or email messages prepared to send through the Services.