1<div class="popup-content"> 2 <div class="col-12"> 3 <h1 class="mb-5">Acceptable Use Policy</h1> 4 </div> 5 6 <div class="col-12"> 7 <p>All products and services provided by Konnektive may be used for 8 lawful purposes only. 9 Transmission or storage of any information, data or material in 10 violation of any United 11 States Federal, State or local laws is strictly prohibited. 12 Customer agrees to indemnify and hold harmless Konnektive from any 13 claims resulting from 14 Customerâs use of the service which damages Customer or any other 15 parties, including 16 attorneyâs fees.</p> 17 <p><strong>NOTICE: Load balancing activity is prohibited by the card 18 schemes and banks and will 19 lead to termination of your merchant facilities if 20 discovered.</strong></p> 21 <p>Konnektive will not be liable for any interruptions in service or 22 other monetary loss related 23 to enforcement of the Konnektive Terms of Service (TOS), including 24 this Acceptable Use 25 Policy.</p> 26 <ol> 27 <li><strong><u> Services Provided:</u></strong><br> Konnektive 28 provides Customer with 29 Web-based sales and marketing automation software that includes 30 e-mail, fax, voice 31 broadcast, e-Commerce and affiliate functionality. All services 32 provided must be used by Customer in compliance with the 33 Konnektive Terms of Service. 34 </li> 35 <li><strong><u> Customer Obligations:</u></strong><br> Customer 36 agrees to use Konnektiveâs 37 services in a manner that is legal, appropriate and in 38 conformity with industry 39 standards and to respect the privacy of consumers. More 40 specifically, 41 Customer agrees to abide by Konnektiveâs requirements governing 42 the use of the various 43 components of the services, as described below:<strong>E-Mail: 44 </strong>Konnektive 45 strictly prohibits any involvement in Unsolicited Commercial 46 E-mail campaigns (UCE, more commonly called âSpamâ). 47 <p></p> 48 <p>Konnektive maintains a Zero-Tolerance policy against Spam, 49 whether direct, indirect 50 or through any affiliate or agent acting on the Customerâs 51 behalf.</p> 52 <p>As determined by Konnektiveâs sole discretion, Customer shall 53 have proof that all 54 individuals in the Customerâs database have opted in or 55 otherwise agreed to receive 56 communications from Customer.</p> 57 <p>All lists used in conjunction with the services provided by 58 Konnektive are required 59 to be 100% solicited (opt-in) lists. This means that the 60 individuals on the list 61 have explicitly agreed to receive information from your 62 business 63 entity. The practice of bartering, purchasing or renting 64 lists of names and sending 65 e-mails to those people is strictly prohibited. Marketing 66 lists containing email 67 addresses within Konnektive cannot be 68 shared/duplicated/transferred 69 between individual applications.</p> 70 <p>Furthermore, in accordance with CAN-SPAM legislation, all 71 e-mail messages sent using 72 Konnektiveâs services must use the Konnektive-provided 73 opt-out link, must include a 74 valid physical address of the sender and must contain 75 a clear subject line that does not mislead the recipient as 76 to the contents of the 77 e-mail. Customers are advised to consult their own attorney 78 to ensure compliance 79 with all Federal, State and local laws.</p> 80 <p>The opt-out link may not be excessively âpaddedâ with 81 line-breaks or similar means to 82 deceive recipients.</p> 83 <p>The complaint rate (âfeedback rateâ) may not exceed the 84 accepted industry standard at 85 the time of transmission. Failure to comply will result in 86 penalties and 87 restrictions as defined under Violations and Penalties, 88 below. As 89 of this writing, the industry standard for complaint rates 90 is less than .1% (1/1000) 91 on a per Email/Internet Service Provider basis. It is 92 Customerâs sole responsibility 93 to maintain under the then-current industry standard.</p> 94 <p>Unsubscribe requests must be processed immediately.</p> 95 <p><strong>Fax: </strong>Konnektive strictly prohibits the use 96 of its facsimile (âFaxâ) 97 services for illegal or inappropriate purposes. Customer 98 agrees that all faxing 99 services provided by Konnektive will be used only for proper 100 legal purposes and in a lawful manner. Customer must have 101 permission from each 102 recipient in order to send faxes to that recipient.</p> 103 <p><strong>Voice Broadcast</strong>: Konnektive strictly 104 prohibits the use of its voice 105 broadcasting services for illegal or unethical purposes. 106 Customer agrees that all 107 voice broadcast services will be used only for proper legal 108 purposes and in a lawful manner.<br> Customer may not send 109 voice broadcasts to any 110 individual listed on the National Do Not Call Registry 111 unless Customer has express 112 permission from the recipient to receive voice 113 communications 114 from Customer.<br> 115 <strong><br> 116 E-Commerce: </strong>Konnektive provides e-Commerce 117 services including Web 118 Form(s), Sale Form(s), tracking links, redirected âLanding 119 Pages,â etc. Customers 120 may not send unsolicited communications whether through 121 Konnektiveâs services or by means of third-parties which 122 direct individuals to any 123 Konnektive e-Commerce services that reference 124 Konnektive.<br> 125 <strong><br> 126 Affiliates: </strong>Any and all of Customerâs 127 affiliates are bound by the terms 128 of the Konnektive Terms of Service. Customer is solely 129 responsible for ensuring 130 their affiliates are compliant to the Konnektive Terms 131 of Service. Customerâs failure to ensure their affiliatesâ 132 compliance will be 133 subject to the enforcement these policies.<br> 134 <strong><br> 135 Privacy Policy:</strong> Customer must publish, enforce 136 and abide by a privacy 137 policy which protects its customersâ personal information in 138 its possession or under 139 its control. Such privacy policy at a minimum must
140 be as stringent as Konnektiveâs Privacy Policy. In 141 particular, Customer agrees that 142 it will not sell, loan or in any way pledge or hypothecate 143 the personal information 144 of its customers to any other person or entity by way 145 of joint venture or any other agreement. 146 </p> 147 </li> 148 <li><strong><u>Violations and Penalties:</u></strong><br> Customers 149 who fail to comply with 150 the terms of the Konnektive Terms of Service will be subject to 151 the following penalties, 152 including, but not limited to, immediate termination 153 of service.<strong>Complaints: </strong>A $250 investigation fee 154 may be assessed to 155 Customerâs account for each complaint of unauthorized 156 communication that Konnektive 157 receives involving a Customerâs account. This non-refundable 158 fee goes toward confirming complaints either digitally or 159 verbally between sources of 160 complaints. âComplaintsâ may include, but is not limited to 161 individual reports e-mailed 162 to [email protected], third-party ISP complaint 163 notifications, notification from anti-spam organizations such as 164 âSpamCopâ and internal 165 heuristic research performed. 166 <p></p> 167 <p><strong>Notice and Communication of Complaints: </strong>Upon 168 receiving a complaint, 169 Konnektive will notify Customer of said complaint and 170 investigate the validity of 171 the complaint. If Customer does not take immediate remedial 172 action to rectify the situation, Konnektive reserves the 173 right to suspend Customerâs 174 service until Customer has resolved the situation to 175 Konnektiveâs satisfaction, at 176 Konnektiveâs sole discretion. âCustomer Notificationâ 177 â Konnektive will make a reasonable effort to contact 178 Customer in the form of 179 e-mail, telephone and login notification within the 180 Konnektive Application; sourced 181 from information currently on file.</p> 182 <p><strong>Confirmed Violations, Unsolicited E-Mail: </strong>A 183 $250 non-refundable 184 investigation fee will apply per complaint in the event 185 Konnektive determines that 186 Customer sent an unsolicited communication to a recipient 187 who 188 did not agree to receive communications from Customer. In 189 the event of multiple 190 complaints, Konnektive services may be suspended in order to 191 maintain integrity of 192 services provided. Services can only be reinstated by 193 meeting 194 the criteria as determined by Konnektive to minimize and 195 address complaints.</p> 196 <p><strong>Confirmed Violations, Complaint Rate, Reactivation 197 Fee: </strong>In the event 198 complaint rates exceed industry standards, Konnektive will 199 immediately suspend 200 e-mail services and notify Customer via e-mail and/or 201 telephone. 202 A $200 âService Reactivation Feeâ will be applied toward the 203 Customerâs account for 204 investigation resources spent toward identifying and 205 addressing high complaint 206 rates.</p> 207 <p><strong>Excessive, Widespread and/or Repeated Violations: 208 </strong>In accordance with 209 Konnektiveâs Zero-Tolerance No-Spam Policy, Konnektive will 210 immediately terminate 211 the account of any Customer found to be involved in a 212 non-compliant 213 marketing campaign or other widespread or repeated violation 214 of the Konnektive Terms 215 of Service. All data contained in Customerâs account will be 216 permanently removed. 217 Customer will be held accountable for any monetary damages 218 suffered by Konnektive, due to Customerâs actions or 219 inactions. Such monetary 220 damages may include, but are not limited to, loss of Web 221 services, regulatory 222 penalties (e.g., FTC) and punitive damages related to lost 223 clients 224 and revenues due to said violation. The determination of 225 what constitutes an 226 âexcessive, widespread and/or repeated violationâ of this 227 policy will be determined 228 by Konnektive.</p> 229 </li> 230 <li><strong><u>Reservation of Rights:</u></strong><br> Konnektive 231 reserves the right to 232 terminate Customerâs account for any violation of the Konnektive 233 Terms of 234 Service.Konnektive reserves the following rights: 235 <p></p> 236 <p><strong>Questionable Practices (âInappropriate 237 Useâ):</strong><br> Konnektive may 238 terminate Customerâs account if Customer engages in any 239 practice that is, in 240 Konnektiveâs sole discretion, objectionable, unlawful, 241 obscene, 242 pornographic, threatening, abusive, libelous or hateful, or 243 that encourages conduct 244 which would constitute a criminal offense, give rise to 245 civil liability, or 246 otherwise violate any local, state, national or 247 international 248 law. This includes, but is not limited to:</p> 249 </li> 250 </ol> 251 <ol> 252 <li>content that in any way exploits minors under 18 years of 253 age</li> 254 <li>viruses, worms, phishing, malware, or any other potentially 255 harmful software</li> 256 <li>marketing to any lists of associations, memberships, voters or 257 realtors, or any other 258 lists whose recipients did not express explicit consent to 259 receive such marketing 260 material</li> 261 <li>products, services, or content that are often associated with 262 abusive business practices 263 or spam, such as:</li> 264 <li>pornography or illicitly pornographic sexual products, including 265 but not limited to 266 adult magazines, video and software, escort services, dating 267 services, or adult 268 âswingerâ promotions</li> 269 <li>illegal drugs, software, media, or other goods</li> 270 <li>manufacture, importation, possession, use and/or distribution of 271 marijuana or any other 272 violation of the Controlled Substances Act</li> 273 <li>instructions on how to assemble or otherwise make bombs, or 274 other weaponry</li> 275 <li>online and direct pharmaceutical sales</li> 276 <li>debt collections, credit repair and debt relief offerings</li> 277 <li>stock picks or promotions</li> 278 <li>âget rich quickâ and other similar offers</li> 279 <li>promoting pyramid schemes or network marketing (i.e. MLM) 280 businesses</li> 281 <li>odds making and betting/gambling services, including but not 282 limited online casino 283 games, and sporting events</li> 284 </ol> 285 <p><strong>Change of Terms and Conditions</strong><br> Konnektive 286 reserves the right to change 287 the terms and conditions of this Policy, as needed. Use of 288 Konnektiveâs software and/or 289 services by Customer after said changes constitutes 290 Customerâs acceptance of the new Policy. Konnektive will inform 291 Customer when significant 292 changes are made to any policies under the Konnektive Terms of 293 Service by means of the 294 Customerâs e-mail, currently on file.</p> 295 <p>ALL CUSTOMERS AND AFFILIATES ARE EXPECTED TO AGREE TO ALL TERMS 296 CONTAINED HEREIN. DIGITAL 297 ACCEPTANCE IS ACHIEVED WHEN CUSTOMERS OR AFFILIATES ACCESS OR IN ANY 298 WAY USE KONNEKTIVE 299 SERVICES.</p> 300 <p>FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF 301 SERVICES.</p> 302 <p><strong>NON-COMPETE.</strong></p> 303 <p>The User, whether it be system User or API User agrees that during 304 the term of the Agreement 305 and for two years thereafter, User will not develop, reengineer 306 Konnektive technology, 307 offer, sell or distribute a competing technology to 308 the Konnektive Service. A competing service is defined as a service 309 that seeks to acquire 310 Users for the purpose of offering a customer relationship management 311 (CRM) or campaign 312 management software system. User understands that 313 violation of this clause is grounds for immediate termination of the 314 Agreement by Konnektive 315 with no liability on the part of Konnektive and further User 316 understands that Konnektive may 317 seek equitable relief to stop the violation 318 and competing activity as well as any other relief available under 319 the law.</p> 320 </div> 321</div>
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