Act-On Acceptable Use Policy

TRUSTe Privacy Certification

This Acceptable Use Policy (“AUP”) describes unacceptable practices and prohibited actions while using any of Act-On Software, Inc. (“Act-On”) website(s), products or services.  This AUP may be amended at any time and such amendment or termination will be effective at the time Act-On posts the revised AUP to its website(s). The date of the most recent update of this AUP will be as set forth above.

Compliance

This AUP is intended to protect the users of Act-On’s website(s), infrastructure and services and the Internet community as a whole from improper, inappropriate, abusive, or illegal activity.  When using any Act-On website(s) or services, all users, including Act-On customers, such customers’ customers, members or end-users, and any other parties who use or access the Act-On services or infrastructure (collectively, “Users”), are required to comply with this AUP and are expected to adhere to commonly accepted practices of the Internet community. The prohibited uses described below are intended as minimum guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list.

Act-On makes no guarantee under this AUP regarding, and assumes no liability for, the security and integrity of any data or information that any User stores or transmits via Act-On’s website(s) or its services, including any data or information stored or transmitted by any computer designated as “secure.” All Users are responsible for immediately reporting to Act-On any issue which could compromise the security or integrity of any User or system as set forth below.

Prohibited Uses

Illegal Use

Act-On website(s) and services may only be used for lawful purposes. The transmission, distribution, retrieval or storage of any data or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, data or other material which:

Infringes any copyright, trademark, trade secret, patent or other intellectual property right.

Constitutes an illegal threat made against any person or organization.

Violates export control laws or regulations.

Is obscene, pornographic, indecent, or defamatory.

Constitutes an attempt to defraud others.

Forgery

Act-On’s website(s) and services may not be used in a manner which purposely alters or forges any User’s identity. Users may not engage, without limitation, in the following activities:

Sending any message or transmitting any electronic communication using a name or address other than User’s own for purposes of deception.

Impersonating someone else by altering User’s source IP address or by using forged headers or other identity information.

Fraudulently concealing, forging or otherwise falsifying User’s identity in connection with any use of the Act-On website(s) or services.

Security

Act-On’s website(s) and services may not be used to violate system or network security; such behavior may result in criminal or civil liability. No User may engage, without limitation, in the following activities:

Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.

Engaging in any activities that may interfere with the ability of others to access or use the Act-On website(s), Act-On’s services or the Internet (i.e., Denial of Service attacks).

Monitoring any data, information or communications on any network or system not owned by User without authorization.

Gaining unauthorized access to the User accounts or passwords of other Users of any system.

Attempting to intercept, redirect or otherwise interfere with communications intended for others.

Intentionally transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.

E-Mail

Act-On’s website(s) and services may not be used to distribute electronic mail in an improper or illegal manner. Users may not engage, without limitation, in the following activities:

Transmitting unsolicited mass or commercial e-mail (sometimes called “spam”) in violation of any local, state, national or international applicable laws or regulations that govern the transmission of illegal or prohibited content.

Enlisting a third party to transmit unsolicited mass or commercial e-mail on the User’s behalf.

Collecting responses from unsolicited mass or commercial e-mail, or advertising any website or the User’s identity in such e-mail.

Transmitting a large amount of e-mail to a recipient with the intent to disable their system (i.e., mailbombing).

Using another party’s electronic mail server to relay e-mail without express permission.

For purposes of clarification, Act-On has a zero tolerance policy regarding the sending of unsolicited commercial email or “spam” using any Act-On service.

Any e-mail message containing informational or commercial content is considered unsolicited unless it is sent to a recipient who expressly requested receipt of such e-mail via an “opt-in” process. It is each User’s responsibility to prove that the recipient explicitly requested inclusion on an e-mail list by direct action, preferably with evidence of confirmation by the recipient (i.e. “double opt-in”). In the absence of positive, verifiable proof to the contrary, Act-On will consider a complaint by an e-mail recipient to be de-facto proof that the recipient did not request the e-mail about which a complaint was generated.

In addition to other requirements under applicable laws or regulations, Users must have procedures in place to allow a prospect, lead, or recipient of e-mail to easily revoke their 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.

Cooperation with Investigations

Act-On will cooperate with appropriate law enforcement and other governmental agencies and other parties involved in investigating claims of illegal or inappropriate activity, and shall have no liability to any User or any third party for any actions taken in connection with such cooperation. Employees and customers of Act-On (including Users of Act-On’s website(s) and services) are responsible for providing assistance to Act-On in such investigations as needed.

Notification of Violation; Responsibility

If any User becomes aware of any violation of this AUP by any person, including downstream customers, User, or third parties, Act-On requires that such User notify Act-On immediately at support@act-on.com or privacy@act-on.com.  Recipients of email messages sent using any Act-On service are also encouraged to report suspected violations of this policy by forwarding a copy of the applicable email to support@act-on.com or privacy@act-on.com.  In addition to other remedies available pursuant to the governing services agreement with Act-On, any User account found to be in violation of this AUP is subject to immediate suspension, and will not be allowed to send any additional emails using the Act-On service.  Customers are strictly responsible for all use of any Act-On service in violation of this AUP, including use by applicable Users.