This Dashes.app Acceptable Use Policy ("AUP") applies to the use of any
product, service or website provided by us (Dashes.app), whether we
provide it directly or use another party to provide it to you (each, a
"Dashes.app Service"). This AUP is designed to ensure compliance with
the laws and regulations that apply to the Dashes.app 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 Dashes.app Service unless you agree to them.
By using the Dashes.app Service, you are agreeing to these terms.
If
you are using any Dashes.app 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 Dashes.app Services pursuant to our Customer Terms of Service for
violations of this AUP.
We periodically update these terms and we
will let you know when we do through a notification in the Dashes.app
portal used to access your Dashes.app subscription (if you have one), or
by posting a revised copy on our website in the logged in area. You
agree to review the AUP on a regular basis and always remain in
compliance.
1. Reporting Suspected Violations
We encourage
recipients of email messages sent using the Dashes.app Service to report
suspected violations of this AUP to us by forwarding a copy of the
received email with FULL headers to Admin@Dashes.app. We have a policy
to investigate all of these reports and to respond in the way we
consider appropriate.
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 Communications Actions
a.
You may not use Dashes.app to send spam. Spam can be in the form of
bulk email/sms or one to one commercial email/sms. Use only
permission-based marketing electronic communications (i.e., Recipient
affirmatively opted-in to receiving those electronic communications).
Bulk
email is spam when it is unsolicited. Unsolicited means the recipient
has not granted verifiable permission for the message to be sent. Bulk
means that the message is sent as part of a larger collection of
messages that have substantively similar content. 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.
You may not use the Dashes.app 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).
b. You may not use any misleading or false names, addresses, email address, or subject line.
Email
sent, or caused to be sent to or through the Dashes.app 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.
If you use email, we recommend that you
adopt the Messaging, Malware and Mobile Anti-Abuse Working Group
(M3AAWG) Sender Best Communications Practices (BCP), which were created
and agreed upon with collaborative input from both volume email senders
and Internet Service Providers. The Sender Best Communications Practices
document is available here. You will use commercially reasonable
efforts to follow these practices.
c. You may not use purchase lists.
You
are prohibited from using the Dashes.app Service to email or SMS: (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. Email Opt-out Requirements
You
warrant that each email you send or is sent for you using the
Dashes.app Service will contain: (a) header information that is not
false or misleading; and (b) an advisement that the recipient may
unsubscribe, opt-out or otherwise demand that use of its information for
unsolicited, impermissible and/or inappropriate communication(s) as
described in this AUP be stopped (and how the recipient can notify you
that it wants to unsubscribe, opt-out, or stop this use of its
information). These requirements may not apply if the email sent is a
transactional email and these requirements are not otherwise required by
law. You warrant that you will promptly comply with all opt-out,
unsubscribe, "do not call" and "do not send" requests.
4. Telephone Laws
You
must comply with all laws relating to telephone marketing, including
without limitation those specifically referenced in the ‘Proper Usage of
Dashes.app Service’ section below. You must comply with all laws
related to the recording of phone calls and ensure all proper consent to
record is obtained prior to making any such recording. If you use the
Dashes.app Service to place telephone calls, you must also comply with
all applicable industry standards, including those applicable guidelines
published by the CTIA and the Mobile Marketing Association. You are
prohibited from using or permitting access to use the Dashes.app Service
to make emergency calls or to provide or seek emergency services.
5. No Disruption
You
agree not to use the Dashes.app 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. You also agree not to use the
Dashes.app 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. Examples of prohibited
actions include (without limitation): 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. You also agree not to use the
Dashes.app Service in a way that causes or may cause any Dashes.app IP
addresses, Dashes.app domains, or Dashes.app customer domains to be
blacklisted. These restrictions apply regardless of your intent and
whether or not you act intentionally or unintentionally.
6. Proper Usage of the Dashes.app Service
Without
limiting the other requirements in this AUP, you may not (directly or
indirectly) use the Dashes.app Service with content, or in a manner
that:
is threatening, abusive, harassing, stalking, or defamatory;
is deceptive, false, misleading or fraudulent;
is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
contains vulgar, obscene, indecent or unlawful material;
infringes a third party's intellectual property right(s);
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;
uploads files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of another person's computer;
downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
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;
restricts or
inhibits any other user of the Dashes.app Service from using and
enjoying our website and/or the Dashes.app Service;
harvests or otherwise collects information about others, including e-mail addresses, without their consent;
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);
is legally actionable between private parties;
is not a good faith use of the service, such as uploading Contacts in
excess of your Contact tier, emailing those Contacts and then purging
them shortly thereafter; and/or
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;
encourages, promotes, facilitates or instructs others
to engage in illegal activity, including without limitation multi-level
marketing (except in compliance with the FTC’s Business Guidance
Concerning Multi-Level Marketing , promoting or offering for sale or use
of illegal drugs (including but not limited to Marijuana-derived CBD
Oil); or infringing or promoting the infringement of the intellectual
property rights of any person.
promotes, encourages, or
facilitates: hate speech, violence, discrimination based on race, color,
religion or creed, national origin or ancestry, sex, age, physical or
mental disability, veteran status, genetic information, and/ or
citizenship.
If you use any of our developer tools including
Application Programming Interfaces (APIs), developer tools, or
associated software, you certify all developers will comply with the
Acceptable Use Policy and Terms of Service
You will use the
Dashes.app Service for your internal business purposes and will not: (i)
willfully tamper with the security of the Dashes.app Service or tamper
with our customer accounts; (ii) access data on the Dashes.app Service
not intended for you; (iii) log into a server or account on the
Dashes.app Service that you are not authorized to access; (iv) attempt
to probe, scan or test the vulnerability of any Dashes.app Service or to
breach the security or authentication measures without proper
authorization; (v) willfully render any part of the Dashes.app Service
unusable; (vi) lease, distribute, license, sell or otherwise
commercially exploit the Dashes.app Service or make the Dashes.app
Service available to a third party other than as contemplated in your
subscription to the Dashes.app Service; (vii) use the Dashes.app 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 Dashes.app Service without our prior written consent.
7. Conforming Outbound Calls
Dashes.app
only permits only Conversational Voice Calling Patterns which is
defined as having an ASR (defined, below) of greater than 60% and Short
Call Ratio (defined below) of less than 15%.
ASR % = Number answered outbound calls / Number of calls dialed.
Short Call = A call duration of fifteen (15) seconds or less / Number answered outbound calls.
8. Restricted Industries
Some
industries have higher than average abuse complaints, which can
directly impact our ability to provide the Dashes.app Services to other
customers. To protect our customers, These industries are restricted
from using the Dashes.app Services:
Escort and dating services
Pharmaceutical products
Gambling services or products
Negative option credit monitoring services
List brokers or list rental services
Selling 'Likes' or followers for a social media platform
We
additionally reserve the right to discontinue your use of the
Dashes.app Services if your account or industry can impact our ability
to provide Services to other customers.
9. Fair Use
Dashes.app
provides hosting services to our customers including content delivery
network (CDN) services to help ensure your websites load very fast.
Unless otherwise stated in your service, Dashes.app permits 100 GB/mo
bandwidth per paid account.
10. Dashes.app Trademark Use
Unless
you have our express prior written permission, you may not use any
name, logo, tagline or other mark of ours or the Dashes.app Service, or
any identifier or tag generated by the Dashes.app 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.
11. General Terms
We
may immediately suspend your access to the Dashes.app 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. You acknowledge we may disclose information regarding your use
of any Dashes.app 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.
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.
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 in the logged in area
after clicking on your Name on the top right (profile page). If you have
a Dashes.app subscription, we will let you know through a Notification
in the Dashes.app portal used to access your Dashes.app subscription. If
you do not have a Dashes.app subscription, we will let you know by
posting the revised copy on our website. We encourage you to review this
AUP periodically.