The terms hereof shall be deemed a part of and incorporated into the Higher Logic Online License Terms by reference. By using the Higher Logic Software Services, the Subscriber and each End User agree to comply with this Acceptable Use Policy. All determinations as to whether a Subscriber mailing or practice conforms to these rules will be determined by Higher Logic in its sole reasonable discretion.
The following uses of Higher Logic Software Services are not allowed:
- Transmitting chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). This prohibition extends to the sending of unsolicited mailings from another service which in any way implicates the use of Higher Logic's Software Services.
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their affirmative consent (as defined by 15 U.S.C. §7702(1) and any implementing rules or regulations published in the Federal Register) or in any other manner that is unlawful.
- Sending messages which fail to use links allowing recipients to unsubscribe from all future mailings.
- Creating a false identity or forged email, telephone, or facsimile address or header, incorporating a false subject line, return address or transmission path, or making any other attempt to mislead others as to the identity of the sender or the origin of the message.
- Transmitting any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature. All content must conform to reasonable standards of decency.
- Transmitting any material that may infringe upon the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
- Using the Higher Logic Software Services to libel, defame or slander any person, or infringe upon any person’s privacy rights.
- Using the Higher Logic Software Services to transmit, directly or indirectly through links or otherwise, mail bombs (substantial volumes of messages to a single recipient over a short period of time or messages of substantial size to a single recipient intended to exhaust the recipient’s mailbox capacity) or any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or other harmful or deleterious programs.
- Violating any federal, state or local laws, rules or regulations related to the electronic transmission of data including, but not limited to, (a) transmission of personally identifiable health or financial information; (b) exportation of technical data or software; (c) child pornography or solicitation of minors; or (d) solicitation of funds.
- Interfering with or disrupting any networks connected to the Higher Logic Software Services, including third party networks, or violating the regulations, policies or procedures of such networks.
- Gaining or attempting to gain unauthorized access to Higher Logic’s platform, network or network provider, or to any other Higher Logic customer’s or third party’s information or data.
- Interfering with another user’s use of the Higher Logic Software Services.
- Engaging in any other activity that could subject Higher Logic, its network provider or any of its service providers to criminal liability, civil penalty or judgment.
Additionally, End User acknowledges and agrees to the following:
- End User will “unsubscribe” or otherwise remove any recipient from its Mailing Lists immediately upon receipt of a request from a recipient or Higher Logic to do so.
- End user will not, without limitation, provide messaging services for any third parties or as a service bureau.
- All determinations as to whether a mailing or practice conforms to these rules will be determined by Higher Logic in its sole reasonable discretion.
- Higher Logic may disclose information about Subscriber and its Users without Subscriber consent or a court order only under the following circumstances: (a) to diagnose and resolve technical issues; (b) as required by law; (c) to an addressee or the intended recipient of a message; (d) to governmental authorities upon request and in order to protect and defend Higher Logic's rights, property, business or reputation; and/or (e) to respond to governmental and third party claims that the Higher Logic Software Services are being used for illegal or improper activities. Under U.S. law, Higher Logic, its network provider, and its other service providers may have an affirmative duty to the public to report unlawful activity, including but not limited to reporting to the Federal Government’s Cyber Tip Line knowledge of any facts or circumstances of online child pornography. Higher Logic will maintain the confidentiality of the Subscriber’s mailing list except to the extent that disclosure is required by law, by order of a governmental agency, by court order, or upon consent of the Subscriber.
This Acceptable Use Policy may be updated by Higher Logic from time to time in accordance with the requirements of Section 3 of the Online License Agreement.
Last updated May 8, 2018