Acceptable Use Policy

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The AD Leaf Marketing Firm, LLC Acceptable Use Policy

Last Modified: June 7th, 2024

This Acceptable Use Policy (ā€œAUPā€) applies to any product, service, or website provided by us, The AD Leaf Marketing Firm, LLC, whether we deliver it directly or through a third party (each referred to as a ā€œServiceā€). This AUP is intended to ensure compliance with applicable laws and regulations, and to safeguard the interests of all our clients, their customers, and our own reputation. These terms are essential; we cannot offer our Service unless you agree to them. By using our Service, you are consenting to these terms.

  1. Reporting Suspected Violations
  2. Prohibited Email Actions
  3. Email Opt-Out Requirements
  4. Telephone, Texting, and Messaging
  5. No Disruption
  6. Proper Usage of the Service
  7. Restricted Industries
  8. Trademark Use
  9. Developer Terms
  10. General Terms

If you are using any Service from The AD Leaf Marketing Firm, LLC, this AUP applies to you. All clients agree to adhere to this AUP and are accountable for any violations. You may not assist or involve others in violating this AUP. We will enforce compliance using methods we deem suitable, such as monitoring complaints and email failures. Violations may result in suspension or termination of your use of our Services as per our Customer Terms of Service.

We update these terms periodically and will notify you via the Notification app in your account (if applicable) or by posting a revised copy on our website. You agree to review the AUP regularly to ensure compliance.

1. Reporting Suspected Violations

We encourage recipients of emails sent using our Service to report suspected AUP violations by forwarding the received email with FULL headers to hr@theadleaf.com. We will investigate all reports and respond as appropriate.

If you know or suspect a violation of this AUP, you must promptly notify us in writing.

2. Prohibited Email Actions

a. You may not use our Service to send spam. Spam includes unsolicited bulk email and non-compliant one-to-one commercial emails.

Unsolicited bulk email is spam when the recipient has not provided verifiable permission to receive it. Non-compliant one-to-one commercial emails are also spam if they violate laws like CAN-SPAM or GDPR.

You may not use our Service to send, transmit, handle, distribute, or deliver: (i) spam in violation of the CAN-SPAM Act or other laws; (ii) email to addresses obtained through harvesting methods; (iii) email to addresses not updated for opt-out notifications; (iv) commercial emails violating Canadaā€™s Anti-Spam Legislation; or (v) emails in violation of GDPR.

b. You may not use misleading or false names, addresses, email addresses, or subject lines.

Emails sent through our Service may not: (i) use forged headers; (ii) use invalid domain names; (iii) misrepresent information to hide the origin or transmission path; (iv) use deceptive addressing techniques; (v) use third-party domain names without consent; (vi) contain false or misleading subject lines or content; or (vii) use our trademarks without prior written consent.

We recommend adopting the M3AAWG Sender Best Communications Practices, available here, and using commercially reasonable efforts to follow these practices.

c. You may not email purchased lists.

You are prohibited from using our Service to email: (i) purchased, rented, or borrowed lists, and (ii) lists that likely result in excessive unsubscribe requests or spam complaints.

3. Email Opt-out Requirements

Each email you send or is sent for you using our Service must contain:

a. Header information that is not false or misleading; and

b. An advisement that the recipient may unsubscribe, opt-out, or demand cessation of unsolicited communications, with clear instructions on how to do so.

These requirements do not apply to transactional emails unless required by law. You must promptly comply with all opt-out, unsubscribe, ā€œdo not call,ā€ and ā€œdo not sendā€ requests.

4. Telephone, Texting, and Messaging

If you use our Service for calls, texts, or messages, you must comply with all relevant laws, such as the CAN-SPAM Act, TCPA, our Developer Terms, and others, as well as third-party policies and industry standards.

You are prohibited from using our Service for emergency calls or services. You are solely responsible for any penalties due to non-compliance with third-party policies. We may suspend or terminate your access if we receive repeated complaints or third-party instructions to do so.

5. No Disruption

You agree not to:

  1. Use our Service in a way that affects the normal operation, privacy, integrity, or security of anotherā€™s property, including accounts, domains, websites, networks, systems, data, or operations.
  2. Use or launch automated systems that send more requests to our servers than a human could reasonably produce using a conventional browser (e.g., scraping).
  3. Use the Service in a manner that damages, disables, overburdens, or impairs our websites or interferes with othersā€™ use of the Service.
  4. Attempt unauthorized access to the Service.
  5. Access the Service using another userā€™s login credentials or share credentials among multiple users.
  6. Allow users from embargoed countries or sanctioned individuals to access the Service.
  7. Access the Service through unauthorized interfaces.
  8. Use the Service to gain unauthorized access to anotherā€™s property without proper consent.
  9. Use the Service in a way that could cause our IP addresses, domains, or customer domains to be blacklisted.

Prohibited actions include hacking, spoofing, denial of service, mailbombing, and sending viruses or malware. These restrictions apply regardless of intent and whether or not you act intentionally or unintentionally.

By using our services, you acknowledge and agree to these terms and conditions. If you have any questions or need further information, please contact us directly.

6. Proper Usage of The AD Leaf Marketing Firm, LLC Service

In addition to the other requirements in this AUP, you may not use The AD Leaf Marketing Firm, LLC Service in any manner that:

  • Is threatening, abusive, harassing, stalking, or defamatory.
  • Is deceptive, false, misleading, or fraudulent.
  • Invades anotherā€™s privacy or violates their legal rights (such as rights of privacy and publicity).
  • Contains vulgar, obscene, indecent, or unlawful material.
  • Infringes on a third partyā€™s intellectual property rights.
  • Publishes, posts, uploads, or distributes software, music, videos, or other material protected by intellectual property laws unless you have all necessary rights and consents.
  • Uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage anotherā€™s computer.
  • Downloads any file that you know, or should reasonably know, cannot be legally distributed.
  • Falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded.
  • Restricts or inhibits any other user of The AD Leaf Marketing Firm, LLC Service from using and enjoying our website and/or the Service.
  • Harvests or otherwise collects information about others, including email addresses, without their consent.
  • Violates the usage standards or rules of an entity affected by your use, including any ISP, ESP, or news or user group.
  • Is legally actionable between private parties.
  • Is not a good faith use of the service, such as uploading contacts in excess of your contact tier, emailing those contacts, and then purging them shortly thereafter.
  • Violates any applicable local, state, national, or international law or regulation, including all export laws and regulations and without limitation the CAN-SPAM Act, the U.S. Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, the General Data Protection Regulation (GDPR), the Directive on Electronic Commerce, the Directive on Privacy and Electronic Communications, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, the Personal Information Protection and Electronic Documents Act (PIPEDA), Canadaā€™s Anti-Spam Legislation (CASL), Japanā€™s Act on Regulation of Transmission of Specified Electronic Mail, and any regulations having the force of law in your or your email recipientā€™s country of residence.
  • Encourages, promotes, facilitates, or instructs others to engage in illegal activity.
  • Promotes, encourages, or facilitates hate speech, violence, or discrimination based on race, color, sexual orientation, marital status, gender identity or expression, parental status, religion, national origin or ancestry, sex, age, disability, veteran status, genetic information, citizenship, or any other characteristic protected by law.

Organizations or individuals promoting or facilitating hate speech, violence, or discrimination through their own or user-generated content are prohibited from using The AD Leaf Marketing Firm, LLC Service. Violation of these standards may result in termination of your use of the Service.

You are responsible for moderating user-generated content or user activity on your platform or service. Content that violates these standards may result in termination of your use of The AD Leaf Marketing Firm, LLC Service.

If you use any of our developer tools, including APIs or associated software, you will comply with our Developer Terms at (theadleaf.com/developer-terms).

You will use The AD Leaf Marketing Firm, LLC Service for your internal business purposes and will not:

  • Tamper with the security of The AD Leaf Marketing Firm, LLC Service or customer accounts.
  • Access data on The AD Leaf Marketing Firm, LLC Service not intended for you.
  • Log into a server or account on The AD Leaf Marketing Firm, LLC Service that you are not authorized to access.
  • Attempt to probe, scan, or test the vulnerability of any part of The AD Leaf Marketing Firm, LLC Service or breach security or authentication measures without proper authorization.
  • Render any part of The AD Leaf Marketing Firm, LLC Service unusable.
  • Lease, distribute, license, sell, or commercially exploit The AD Leaf Marketing Firm, LLC Service or make it available to a third party other than as contemplated in your contract agreement.
  • Use The AD Leaf Marketing Firm, LLC Service for timesharing or service bureau purposes or otherwise for the benefit of a third party.
  • Provide third parties any evaluation version of The AD Leaf Marketing Firm, LLC Service without our prior written consent.

7. Restricted Industries

Some industries have higher than average abuse complaints, affecting our ability to provide services to other customers. We reserve the right to discontinue your use of The AD Leaf Marketing Firm, LLC Services if you are in one of these industries. Examples include:

  • Cryptocurrency
  • Non-fungible tokens (NFTs)
  • Escort and dating services
  • Pharmaceutical products
  • Work from home, make money online, and lead generating opportunities
  • Gambling services or products
  • Multi-level marketing or affiliate marketing
  • List brokers or list rental services
  • Selling ā€˜Likesā€™ or followers for a social media platform

8. Trademark Use

Without our prior written permission, you may not use any name, logo, tagline, or other mark of ours or The AD Leaf Marketing Firm, LLC Service, or any identifier generated by the Service, including:

  • As a hypertext link to any website or other location (except as expressly enabled by us).
  • To imply identification with us as an employee, contractor, agent, or similar representative capacity.

You also agree not to remove or alter any of these items as provided or enabled by us.

9. Developer Terms

If you use any of our developer tools, including APIs or associated software, you will comply with our Developer Terms at (theadleaf.com/developer-terms).

10. General Terms

a. Suspension: We may immediately suspend your access to The AD Leaf Marketing Firm, LLC Service if you breach this AUP or fail to respond within a reasonable period after contact about a potential violation. We may also suspend your access as outlined in our Terms of Use, and if you violate this AUP, we may terminate your contract agreement for cause.

b. Content: We may remove any prohibited materials and deny access to anyone who violates this AUP, and we reserve all other rights.

You can find details about The AD Leaf Marketing Firm, LLC and the European Union Digital Services Act of 2024 at https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/europe-fit-digital-age/digital-services-act_en, provided for your information only.

c. Updates: We may update and change any part of this AUP. If we do, the updated AUP will be posted at (theadleaf.com/acceptab;e-use-policy). If you have an active contract agreement, we will notify you of any updates made. The ā€œLast Modifiedā€ date above will reflect the date of the most recent version. We encourage you to review this AUP periodically.