PLEASE READ THIS ACCEPTABLE USE POLICY (THE “AUP” FORMERLY CALLED THE “PROHIBITED CONTENT POLICY”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT SAILTHRU.COM (THE “SITE”). IF YOU DO NOT ACCEPT THIS AUP, DO NOT USE THE SERVICES. YOU MAY NOT USE THE SERVICES IF YOU ARE OUR COMPETITOR.

This AUP (as modified from time to time by Marigold Engage by Sailthru, Inc. in its sole discretion) is a legal agreement between You (“Customer”, “You”, “Your”) and Marigold Engage by Sailthru, Inc. (“Sailthru”, “Company”) and defines the terms and conditions under which You are allowed to use the Services (as defined below). This AUP forms a part of the Agreement and takes effect as soon as You begin using the Services. References in the Agreement to the “Prohibited Content Policy” shall be to this AUP.

By using the Services, You agree that the provision and receipt of Services are expressly conditioned on the acceptance of the terms in this AUP. If You enter into this AUP or use the Services on behalf of an entity, You represent and warrant that You have the authority to accept this AUP on the entity’s behalf.

In order to use the Services, You must:

  • be at least 18 years old;
  • complete the registration process;
  • agree to this AUP; and
  • provide true, complete, and up to date contact information to Company.

By using the Services, You represent and warrant that You meet all the requirements listed above. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement. If You have any questions, please support@sailthru.com.

SECTION 1.  DEFINITIONS. In addition to terms defined elsewhere in this AUP, the definitions below will apply to capitalized words in this AUP. Capitalized words in this AUP that are not otherwise defined herein shall have the meaning ascribed in the Agreement.

  1. “Agreement” means, as applicable, either the: 1) Master Services Agreement located at sailthru.com/legal/agreements, as updated from time to time; or 2) a superseding written agreement for use of the Services executed by and between Company and Customer.

  2. “Contact” means, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise ‘processed’ (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services. For example, an subscriber to Customer’s marketing communications is a “Contact”.

  3. “Law(s)” means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, federal, state or local governmental authority, including where applicable, the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (the, “General Data Protection Regulation” or “GDPR“). Where relevant to the Customer’s or User’s obligations, when assessing “applicability”, Customer and User shall take into account the Governing Law in in the Agreement and the Laws relating to both the jurisdiction where User is using the Services and the jurisdiction where the Contact resides.

  4. “Malicious Code” means harmful or malicious code, files, scripts, agents, programs, or the like designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, corrupting, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system, database, or network (or other device on which such code is stored or installed), including but not limited to viruses, worms, time bombs, and Trojan horses.

  5. “Privacy Notice” means the Company’s Privacy Statement located at sailthru.com/legal/privacy-statement, as updated from time to time.

  6. “User” means any person, other than Company employees or agents engaged in providing support or implementation services to Customer, accessing and/or using the Services through Customer’s Account.

SECTION 2.  CUSTOMER AND USER OBLIGATIONS.

  1. Customer agrees to, and where applicable, shall ensure that Users agree to:
    1. keep contact information for Customer’s Account updated and promptly respond to queries from Company;
    2. use reasonable efforts to prevent unauthorized access to or use of the Services, and notify Company promptly of any such unauthorized access or use;
    3. be responsible for ensuring that User’s computer systems, technology, or other similar items used in connection with the Services do not interfere with or disrupt the integrity or performance of the Services; and
    4. use the Services in compliance with Laws, the Agreement, and this AUP, and the Anti-Spam Policy at sailthru.com/legal/sailthru-industry-best-practices-notice/.

  2. Privacy, Cookies & Tracking Technologies. Customer understands and acknowledges that the Privacy Notice explains how Company handles data processed by and through the Services. Customer hereby acknowledges and agrees that Company will handle data in accordance with the Privacy Notice. Customer agrees to adopt, maintain, and post a privacy notice that: 1) takes into account the data processing activities described in the Privacy Notice; and 2) complies with all requirements imposed by Laws (particularly as such notice relates to notice, consent, and disclosure in connection with the collection, sharing, and use of any information about a Contact). In addition, Customer and its Users acknowledge that the Services employ the use of cookies and similar tracking technologies (“Cookies”), as further described in Company’s Privacy Notice. Accordingly, Customer represents and warrants that each Contact is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies and/or other information on the Contact’s device where such activity occurs in connection. Customer and its Users shall promptly notify Company if they are unable to comply with the above obligations. 

SECTION 3.  ACCESS LIMITS. User licenses cannot be shared or used by more than one User; provided, however, User licenses may be reassigned to replace former Users who no longer require ongoing use of the Services.

SECTION 4.  RESTRICTIONS ON USE.

  1. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly:
    1. access or use the Services except as permitted in the Agreement and this AUP;
    2. use the Services to store or transmit Malicious Code;
    3. interfere with or disrupt the integrity or performance of the Services or third party data contained therein;
    4. use the Services in any other manner that puts an excessive burden on the bandwidth of the Services
    5. hack, violate, attempt to violate, attempt to gain unauthorized access to the Services or their related systems or networks;
    6. attempt to probe, scan, or test the vulnerability of the Services or perform any penetration testing against or on the Services;  or
    7. use the Service to encourage or facilitate any illegal activities; or break any Laws, including but not limited to those related to e-commerce, defamation or privacy.
  2. Intellectual Property Restrictions. Customer shall not (and shall not permit any third party to):
    1. except as expressly permitted in writing by Company, sell, resell, rent, or lease the Services or any part of the Services;
    2. remove or alter trademark, logo, copyright, or other proprietary notices or labels from the Services;
    3. copy, frame or mirror any part or content of the Services, other than in connection with Customer’s permitted use of the Services for Customer’s own internal business purposes,
    4. create derivative works based on the Services;
    5. reverse engineer, reverse assemble, decompile, or attempt to discover or extract the source code, object code, underlying structure, or algorithms, found at or through the Services or any software, documentation, or data related to the Services; 
    6. access the Services in order to (a) build a competitive product or service; (b) copy any features, functions or graphics of the Services; (c) for purposes of monitoring the availability, performance or functionality; or (d) for any other benchmarking or competitive purposes. No rights are granted to Customer other than as expressly set forth in the Agreement.
  3. Customer Content. Customer acknowledges and agrees that Customer is responsible for the nature and content of all of the Customer Content, including but not limited to, for the accuracy, quality, integrity and legality of the Customer Content and of the means by which Customer and its Users acquire Customer Content. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly, use the Services to process, store, transmit, link to, display, or solicit content:
    1. about or relating to: individuals under 18 years of age; pornography, nudity, adult novelty items, escort services; financial information, stock trading, FOREX, mortgages and loans, insurance, debt collection, credit repair, offers to make money online or work from home businesses, payday lender related content, the production, sale, exchange, storage, or marketing of Cryptocurrencies and Initial Coin Offerings, Penny Stocks; gambling related content (including but not limited to poker, casino games, horse and dog racing, and betting on college and pro sporting events); horoscopes, dating services, daily deals, coupons, paid surveys, lead generation services, affiliate or multi-level marketing, Ponzi schemes; DJ/nightclub, event/club promotions/party lists; the selling of personal data of any kind, list brokers or list rental services; recruitment or job-seeking services; firearms, bombs, grenades, or other weapons; pharmaceuticals, drugs (illegal or otherwise), diet advice, nutritional advice, supplements; illegal goods or software (including but not limited to pirated computer programs), viruses, or any other content that Company deems inappropriate in Company’s sole discretion; violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
    2. that is defamatory, libelous, offensive (including hate speech, blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity), obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable (as determined by Company in Company’s sole discretion);
    3. that materially violates the: 1) industry standards, policies and applicable guidelines published by (a) the Mobile Marketing Association, (b) Digital Advertising Alliance (DAA) ; or (c) any other generally recognized industry associations; or (2) carrier guidelines and usage requirements; and/or
    4. that violates or infringes: 1) any applicable local, state, federal, and international Laws; or 2) the rights of a third party (including a third party’s privacy and/or intellectual property rights).
  4. Sensitive PII. Customer understands and acknowledges that the Services are not configured to process, receive, and/or store: 1) personal health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”); 2) “nonpublic personal information” as defined under the Gramm-Leach-Bliley Financial Modernization Act of 1999 (“GLBA”); 3) data on any minor under the age of thirteen that would be subject to the Children Online Privacy Protection Act (“COPPA”); 4) card holder data under the Payment Card Industry Data Security Standard; 5) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation (the “special categories of personal data” identified in Article 9 of GDPR); or 6) social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information, (collectively, “Sensitive PII”). As such, Customer agrees not to, and not to permit Users to, transmit, request, provide Company with access to, submit, store, or include any Sensitive PII through the Services. Customer agrees that Company may terminate this Agreement immediately, without refund, if Customer is found to be in violation of this clause.

SECTION 5.  COMPANY’S RIGHTS.

  1. Monitoring. Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, to ensure compliance with the terms of this AUP.  In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. Company reserves the right to limit Customer’s access to Customer’s Account at any time if Company believes, in its sole discretion, that Customer or its Users have violated or may violate any terms set forth in this AUP.
  2. Disclosure. Company shall have the right to disclose communications between (i) Customer and (ii) its email recipients and other users of its services to the extent required by law, including without limitation as required by legal process or court order.  Company shall have no obligation to notify Customer of requests for such disclosures except as otherwise required by this AUP or the Agreement.
  3. Right to Remove, Suspend, Terminate. Company may, in its sole discretion, remove any Customer Content, suspend, or terminate Customer’s use of the Services for any actual or alleged breach of this AUP at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer’s obligation to pay fees owed to Company.

Last Updated on March 1, 2019