Email Acceptable Use Policy

This Email Acceptable Use Policy (the “Email AUP”) applies to the access and use of any Attentive email service, whether provided directly or indirectly by Attentive.  This Email AUP is incorporated into the Terms of Use, or TOU.  By using any email product or service provided by Attentive, you agree to this Email AUP and to the TOU.  Any terms not defined in this Email AUP shall have the meanings set forth in the TOU.

Attentive requires all users of its email service to send emails only to recipients who have provided verifiable permission to receive such emails.

In using any Attentive email product or service, you may not do any of the following:

You may not send spam email.

• Attentive requires you to obtain verifiable consent.

You may not use certain email lists.

• You may not use the Attentive email service to email recipients from: (a) purchased, rented or borrowed lists; (b) scraped or harvested sources; (c) guessed, implied, or appended addresses; or (d) lists otherwise provided by a third-party source.
• You may not use the Attentive email service in a manner that is likely to result in an excessive number of bounces, unsubscribe requests, spam complaints, or direct complaints, as determined by acceptable industry practices and this Email AUP.

You may not use Attentive email service in an improper manner.

• You may not use the Attentive email service in a way that causes or may cause any Attentive IP addresses, Attentive domains, or additional Attentive infrastructure to become blocklisted or experience degraded reputation or performance, or otherwise impacts the reputation, performance, or reliability of the Attentive service for other Attentive customers.
• You may not use or attempt to use the Attentive service in a way that disables, circumvents, or attempts to bypass any native application functionality.

You may not use the Attentive service to send false or misleading Information.

• You may not use Attentive to send messages with misleading or false names, postal or email addresses, or subject lines.
• Such prohibited activity includes, but is not limited to, sending messages that: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the sender, point of origin, or transmission path of the message; (d) use other means of deceptive addressing; (e) use a third party's domain name or branding without their consent; (f) contain false or misleading information in the subject line, including misleading or incorrect subject line prefixes or suffixes; or (g) otherwise contain false or misleading content.

You may not use the Attentive service to send email messages to users who have previously opted out or unsubscribed from your or your Organization’s business or brand.

• All email marketing messages must include either (a) an unsubscribe all link or (b) an email preferences link that includes an unsubscribe all option.
• All transactional email messages must include either (a) an unsubscribe all link or (b) an email preferences link that includes an unsubscribe all option if required by applicable laws.
• You may not: (a) remove, disable, or hide Attentive’s native unsubscribe functionality or (b) include additional unsubscribe systems, not provided by Attentive.
• All unsubscribe and footer information must be clear, legible, and unobscured.  

Attentive’s Rights and Remedies under this Email AUP.

Attentive reserves the right to modify or change, without notice, the IP address(s) or other associated messaging infrastructure used by your account, including but not limited to requiring your account to use a dedicated IP address or infrastructure. Attentive reserves the right to suspend or terminate access to your Account’s email features if: (a) we determine that you are likely to have violated or breached any aspect of this Email AUP or the TOU; (b) you don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this Email AUP or the TOU; or (c) remediation of any breach or violation is not completed within the timeframe, and to the specifications, determined and provided by Attentive.

Attentive may change this Email AUP at any time without prior notice. Attentive will endeavor to provide you with prior notice of any material changes.  You may read a current, effective copy of this Email AUP at any time at https://www.attentive.com/email-acceptable-use-policy.  The revised Email AUP will become effective at the time of posting on the Site, and your use of the Site after such time will constitute your acceptance of the revised Email AUP.  If any change to this Email AUP is not acceptable to you, then your sole remedy is to stop using the Site.  Notwithstanding the preceding sentences, no revisions to this Email AUP will apply to any dispute between you and Attentive that arose prior to the effective date of those revisions.

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