Use Policy

This Acceptable Use Policy ("Policy") is incorporated by reference in the Terms of Service ("Terms") with Act-On Software, Inc. ("Act-On") and your service may be suspended or terminated for violation of this Policy in accordance with the Terms. Inquiries regarding this Policy should be directed to Act-On Software by e-mail at support@actonsoftware.com.

READ THIS POLICY CAREFULLY BEFORE SUBMITTING AN APPLICATION FOR REGISTRATION TO USE THE SERVICE. IF YOU DO NOT AGREE TO ACT IN ACCORDANCE WITH THIS POLICY OR ANY PART THEREOF, YOUR ONLY REMEDY IS TO NOT ACCESS THE SERVICE AND NOT USE THE SERVICE. BY USING THE SERVICE, YOU INDICATE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THIS POLICY.

The terms "you" and "User" below refers collectively to the Customer identified during the registration enrollment process and all persons who use the Service under the Customer's Account.

Abuse

You may not use, operate, or otherwise access the Service or Act-On's (or its service provider's) networks to engage in, foster, or promote illegal harassing or offensive activities, including but not limited to:
  1. upload, post, e-mail, transmit, or otherwise make available any information, materials, or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invasive of another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group; or
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  3. engage in practices that are considered to be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; or
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Act-On Site; or
  5. upload, post, e-mail, transmit, or otherwise make available any information, materials, or other content that infringes another's rights, including any intellectual property rights; or
  6. use an Internet account, e-mail address, or computer without the owner's express authorization, including but not limited to Internet scamming (tricking other people into releasing their passwords, tax-payer, or banking information), phishing, and security hole scanning; or
  7. forge any TCP-IP packet header or any part of the header information in an e-mail; or
  8. upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses, Trojan horses, or any other computer code, files, scripts, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment; or
  9. use the Service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft's "add/remove" tool); or
  10. use any manual or automated software, devices, or other process to "crawl" or "screen scrape" or record any web pages or Service screens contained in or displayed by the Act-On Site; or
  11. interfere with or disrupt the Act-On Site or Service, or any computers, servers, data storage devices, networks, or telecommunications equipment connected to or associated with the Act-On Site or Service; or
  12. any conduct that is likely to result in retaliation against Act-On, the Service, or the Site, or Act-On's employees, agents, customers, or service providers, including but not limited to engaging in behavior that results in any server being the target of a denial of service attack (DoS); or
  13. obtain, collect, or otherwise access or modify the personal information, documents, or data of another Act-On Service User; or
  14. modify, adapt, or "hack" the Act-On Site or falsely imply that some other site or service is associated with the Act-On Site or Acton Software, Inc. Further, you shall not attept to: (i) gain unauthorized access to or use the Service or Act-On's or a third party's data, systems, or networks; or (ii) interface or disrupt the integrity or performance of the Service or the data hosted by the Service.

Security

You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting your network or the servers under your control. You must protect the confidentiality of your password(s). You are encouraged to change your password(s) periodically, which you may do by accessing the "My Password" screen under the "My Account" portion of the Service. You should notify Act-On via e-mail at support@actonsoftware.com immediately of any unauthorized use of your password or Account or other security breach affecting the Service.

Bulk or Commercial E-mail

You must comply with all laws and regulations applicable to bulk or commercial e-mail with respect to your use of the Service, including without limitation the CAN-SPAM Act of 2003.

In addition, you may not send any Unsolicited E-mail by use or means of the Service. "Unsolicited E-mail" is any electronic communication sent to persons other than: (i) persons with whom you have an existing business relationship, or (ii) persons who have consented to the receipt of such e-mail, including publishing or providing their e-mail address in a manner from which consent to receive e-mail of the type transmitted may be reasonably implied.

At Act-On's request as needed to respond to an e-mail related complaint, you will promptly provide Act-On information you have available documenting the business relationship or consent of the complainant, and will otherwise reasonably cooperate with Act-On in responding to such complaints and mitigating the effect on the Service, or Act-On's (or its service provider's) network.

You must have procedures in place to allow a Prospect, Lead, or Recipient of E-mail to easily revoke its consent to receiving E-mail, such as through an opt-out link in the body of the e-mail. The Act-On Service automatically provides such an opt-out link via its standard E-mail footer method. These policies apply to all electronic communications sent in conjunction with using the Service, including E-mail sent through Act-On's servers and sent through Microsoft Outlook (or Lotus Notes) by use of the downloaded connector of the Service.

Act-On may test or otherwise monitor your compliance with these requirements and those set forth in the Terms of Service and may block the transmission of E-mail that violates these provisions.

Copyrighted Material

You may not use the Service, Site, or Act-On's (or its service provider's) network or equipment to publish, distribute, or otherwise copy in any manner any work protected by copyright law unless:
  1. you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
  2. you are otherwise permitted by established United States copyright law to copy the work in that manner.

Act-On may terminate the Service Account of copyright infringers.

Copyrights and Trademarks

Act-On Software, Inc, Act-On, Act|On, ActNow, Act|Now, and the Act-On logo are registered or pending registered trademarks of Act-On Software, Inc. All other names and logos may be trademarks or registered trademarks of their respective owners. Cooperation with Investigations and Legal Proceedings

Act-On may, without notice to you:

  1. report to the appropriate authorities any conduct by you that it believes violates applicable criminal law, and
  2. provide any information it has about you in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Consequences of Violation

Act-On may without notice to you, suspend or terminate your Account, or remove any content transmitted via the Service if Act-On discovers facts that lead it to reasonably believe you are in violation of this Policy, or if your Account is being used in violation of this Policy. You must cooperate with Act-On's reasonable investigation of any suspected or alleged violation of the Policy. Act-On will attempt to contact the primary User of the Account by e-mail prior to suspension of access to the User's Account, however, prior notification is not assured and Act-On has no obligation of prior notification. You are strictly responsible for the use of the Service by you or by means of your Account in violation of this Policy, including use by your employees, customers and agents, and including unauthorized use (but not including unauthorized use that results from Act-On's material failure to perform its obligations under the Terms of Service). Act-On will charge you its reasonable hourly rate for recovery resulting from breach of this Policy plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this Policy, (ii) remedy any harm caused to Act-On, its service provider, or any of its customers by your violation of this Policy or the use of your Account in violation of this Policy, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information as described in the Terms of Service, and (v) have Act-On's (or its service provider's) Internet Protocol numbers removed from any "blacklist" or other abuse databases or other service providers e-mail blocking systems.

Amendment

This Policy may be amended or updated

This Policy is posted and made available for review from the Act-On Site. Act-On may make changes to this Policy, and continued use of the Service constitutes User's acceptance of any such changes.

Disclaimer

Act-On is under no obligation, and does not by this Policy undertake an obligation, to monitor or police our User's activities and disclaims any responsibility for any misuse of the Service, Site, or Act-On's (or its service provider's) network. Act-On disclaims any obligation to any person or entity who has not entered into an agreement with Act-On for services.