Acceptable Use Policy

This Email Pulse – Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by Email Pulse, Inc. ("Email Pulse"), whether provided directly or through another party (each, an "Email Pulse Service"). This AUP ensures compliance with applicable laws and protects the interests of all clients, their customers, and Email Pulse's reputation and goodwill.

Agreement and Compliance

By using any Email Pulse Service, you agree to abide by these terms. You are responsible for violations by you or your representatives. You cannot assist or engage others in ways that would violate this AUP. Email Pulse will enforce compliance through methods including complaint and email failure monitoring.

Email Pulse periodically updates these terms through notifications in the Email Pulse portal or website postings. You agree to review the AUP regularly and maintain compliance.

Reporting Suspected Violations

Recipients of emails sent via Email Pulse Service may report suspected violations by forwarding received emails with full headers to [email protected]. Email Pulse investigates all reports and responds appropriately.

No Spam Permitted

The Email Pulse Service cannot be used to send, transmit, handle, distribute or deliver:

• Unsolicited email ("spam") violating the CAN-SPAM Act or other laws
• Email obtained via Internet harvesting, scraping, or surreptitious methods
• Email to incomplete, inaccurate, or non-updated addresses without proper opt-out compliance
• Commercial electronic messages violating Canada's Anti-Spam Legislation (CASL)

Prohibited Email Content and Formatting; Email Best Practices

Email sent through Email Pulse Service may not:

• Use invalid or forged headers
• Contain invalid or non-existent domain names
• Employ deceptive techniques to misrepresent origin or transmission path
• Use deceptive addressing methods
• Use third-party domain names without consent
• Contain false or misleading subject lines or content
• Use Email Pulse trademarks, taglines, or logos without prior written consent
• Target purchased email lists

Email Pulse recommends adopting the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), available at: http://www.m3aawg.org/sites/maawg/files/news/MAAWG_Senders_BCP_Ver2a-updated.pdf

Users should employ commercially reasonable efforts to follow these practices.

Email Opt-Out Requirements

Each email sent through Email Pulse Service must contain:

• Header information that is not false or misleading
• Notice that recipients may unsubscribe, opt-out, or request cessation of unsolicited communication, including how to notify the sender

These requirements don't apply to transactional emails when not legally required. Users must promptly comply with all opt-out, unsubscribe, "do not call," and "do not send" requests.

Telephone Marketing

Users must comply with all telephone marketing laws, including recording consent requirements. If using Email Pulse Service for telephone calls, compliance with CTIA and Mobile Marketing Association guidelines is mandatory. Prohibiting emergency call usage or emergency service provision is enforced.

No Disruption

Users agree not to use the Email Pulse Service in ways that impact normal operation, privacy, integrity, or security of another's property, including accounts, domains, URLs, websites, networks, systems, facilities, equipment, data, or business operations.

Unauthorized access, monitoring, or reference to another's property is prohibited unless expressly consented. Prohibited actions include: hacking, spoofing, denial of service, mailbombing, and transmission of viruses, worms, or malware (spyware, adware). These restrictions apply regardless of intent.

Proper Usage of Email Pulse Service

Users may not directly or indirectly use the Email Pulse Service with content or in a manner that:

• Is threatening, abusive, harassing, stalking, or defamatory
• Is deceptive, false, misleading, or fraudulent
• Invades privacy or violates legal rights (privacy and publicity rights)
• Contains vulgar, obscene, indecent, or unlawful material
• Infringes third-party intellectual property rights
• Publishes, posts, uploads, or distributes software, music, videos, or intellectual property-protected material without necessary rights and consents
• Uploads files containing viruses, corrupted files, or damaging software or programs
• Downloads files known to be illegally distributed
• Falsifies or deletes author attributions, legal designations, origin labels, or source information
• Restricts or inhibits other users from using Email Pulse Service
• Harvests or collects information about others (including email addresses) without consent
• Violates usage standards of ISPs, ESPs, news groups, or user groups
• Is legally actionable between private parties
• Violates applicable local, state, national, or international law, including:
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.)
  • U.S. Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227)
  • Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.)
  • Directive 2000/31/EC (Electronic Commerce Directive)
  • Directive 2002/58/EC (Privacy and Electronic Communications Directive)
  • SEC regulations and securities exchange rules
  • Personal Information Protection and Electronic Documents Act (PIPEDA)
  • Canada's Anti-Spam Legislation (CASL) (S.C. 2010, c. 23)

Users will use Email Pulse Service for internal business purposes only and will not:

• Willfully tamper with security or customer accounts
• Access unauthorized data
• Log into unauthorized servers or accounts
• Probe, scan, or test vulnerability without proper authorization
• Breach security or authentication measures without authorization
• Willfully render any service part unusable
• Lease, distribute, license, sell, or commercially exploit the service or make it available to third parties
• Use for timesharing, service bureau purposes, or third-party benefit
• Provide evaluation versions to third parties without prior written consent

Email Pulse Trademark Use

Without express prior written permission, users may not:

• Use Email Pulse name, logo, tagline, or mark
• Use identifiers or tags generated by Email Pulse Service
• Use these items as hypertext links (except as expressly provided)
• Imply identification with Email Pulse as employee, contractor, agent, or similar representative
• Remove or alter these items as provided or enabled by Email Pulse

General Terms

Breach of this AUP may result in immediate service access suspension or subscription termination for cause. Email Pulse may disclose usage information to satisfy law, regulation, government requests, court orders, subpoenas, or legal process. If required disclosure occurs, Email Pulse will notify users unless required to maintain confidentiality.

Email Pulse may remove prohibited materials and deny access to AUP violators. The company reserves all other rights.

Email Pulse may update or change this AUP in its sole discretion at any time. Updated versions are posted at emailpulse.ai/acceptable-use. For subscription holders, updates are announced via the Notification app in the Email Pulse portal. For non-subscribers, updates are posted on the website. Updated AUP becomes effective and binding the next business day after posting. The "Last Modified" date updates to reflect the most recent version. Users are encouraged to review this AUP periodically.