All ActiveCampaign customers must follow this Acceptable Use Policy (“Policy”) when they access or use our websites, applications, and other online products and services, including email services, marketing services, review and message boards and various other message communication applications (collectively, our “Services”). By accessing or using the Services, you agree to this Policy. If you do not agree, you may not access or use the Services. We reserve the right to suspend or terminate accounts if customers violate this Policy.

We reserve the right to change or modify this Policy at any time and in our sole discretion. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of this document. By continuing to access and use the Services after our notice, you confirm your acceptance of the revised Policy. If you do not agree, you may not access or use the Services.

If you think anyone using the Services is violating this Policy, please notify us immediately by emailing abuse@activecampaign.com.

General Rules

Accounts are meant to be used for a single set of message subscribers. You are not allowed to continually delete and re-import new contacts into an account. For example, you cannot sign up for a 25,000 subscriber/contact plan and try to send messages to 100,000 contacts by deleting and importing new contacts.

Full message source size may not exceed 2MBs after the message has been fully constructed. Attachments are limited to one attachment at or below 50kb in size and we reserve the right to limit the file types.

You must be able to verify each contact to whom you intend to send marketing messages. You must ensure that all message recipients have fully opted-in to receive marketing messages from you. Please note that simply getting someone’s business card is not an acceptable opt-in and you cannot send messages to email addresses or phone numbers you obtained from business cards. (See Consent Requirements and Best Practices for more information.) You must also verify that all email addresses are valid.

Prohibited Content

You agree that you will not use ActiveCampaign’s Services to send anything offensive, to promote anything illegal or in an unlawful or misleading manner, or to harass anyone. Without limiting the foregoing, you may not send any messages or content that:

• Contains any political campaigning, unsolicited promotions, advertising or solicitations, e.g., “junk mail,” “spam,” or “chain letters” etc.;
• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains false, misleading, or deceptive claims, or that otherwise sets unrealistic expectations or misrepresents any particular product or offering;
• Promotes any pyramid schemes, multilevel marketing opportunities, “get rich quick” schemes, or that otherwise promises income generation without providing a complete explanation of the risks and details of the business model;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
• Violates any laws, rules or regulations in the jurisdiction where the recipient resides, including but not limited to, the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), or Canada’s Anti-Spam Legislation (CASL) , or any applicable U.S. securities laws, rules, or regulations such as those under the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940;
• Promotes, condones, encourages or facilitates hate speech or discrimination against people based on race, ethnicity, religion, age, gender or identity expression, sexual orientation, marital or parental status, disability, veteran status or any other characteristic; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying his or her device or email or other communications service, or that may expose ActiveCampaign or others to any harm or liability of any type.

Content and Industries Subject to Additional Scrutiny

We continually monitor your activities on our Services and Marketing Content that you transmit through our Services. We may delete or remove messages and content at any time and for any reason. We also monitor message recipients’ actions to check for above average bounce, abuse and/or unsubscribe rates. If any rate becomes abnormal, your account may be subject to manual review by ActiveCampaign. In addition, in the event of recipients’ complaints regarding spam or unsolicited messages, ActiveCampaign may immediately suspend or terminate your account and you will not be eligible for a refund of any kind.

We do not allow you to use our Services to:

• Send Marketing Content to recipients on paid or rented lists (of any form);
• Send Marketing Content to List brokers (of any form) for distribution by them;
• Send Marketing Content or any other messages regarding:
  • illegal substances or illegal goods of any form;
  • drugs, whether available only by prescription or over- the-counter, or any other product that claims to diagnose, cure, treat, or prevent a disease;
  • dietary supplements except (a) to Contacts located in the United States and (b) in compliance with all applicable laws, rules, and regulations, including without limitation, regulations promulgated by the Food and Drug Administration (FDA) and all federal, state, and local laws, rules, and regulations;
  • male enhancement products;
  • escort and dating services;
  • affiliate marketing;
  • eLoans, loan offers, or pay day advances;
  • day trading tips, forex, etc.;
  • gambling services or products;
  • work at home and lead generation opportunities;
  • multi-level-marketing or pyramid schemes;
  • investment advice or trading opportunities that promise or guarantee returns or yields, except where the provision of such advice complies with all applicable law and/or where interest rates are specified contractually;
  • certain financial services, cryptocurrency, or other digital asset platforms that we deem, in our sole discretion, to be objectionable, including but not limited to those related to certain token sales, decentralized finance systems, mining or staking services, or non-fungible tokens;
  • financial services that we determine, in our sole discretion, are being offered or advertised without complying with applicable law or that might present reputational risk to us; or
  • other products or content that is, in our sole judgement, objectionable or likely to upset recipients.

Prohibited Actions

You agree that you will not use the Services to violate any law, rule, regulation or third party right. In addition, you agree not to:

• Log in or attempt to log into your account on more than one device at the same time without the express written permission of ActiveCampaign.
• Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in any message created or sent using our Services.
• Share your account credentials with anyone.

Additional Rules for SMS and Text Messages

In addition to the restrictions above, you agree to implement and follow industry guidelines when sending SMS or text messages. Specifically, you must comply with all of the applicable guidelines published by the Cellular Telecommunications Industry Association (CTIA), including but not limited to the CTIA Short Code Monitoring Handbook (Version 1.7 or later) and the CTIA Messaging Principles and Best Practices (2019 version or later).

Our Services are not intended for providing alerts on disaster scenarios or any other situations directly related to serious health or safety threats, including but not limited to acts of terrorism, natural disasters, or emergency response, and you must not use our Services for any such purposes. We also do not allow you to use our Services to send SMS or text messages regarding:

• credit repair programs, debt collection, debt consolidation, or debt reduction;
• sweepstakes;
• risk investment opportunities; or
• third-party recruitment or job-seeking services.

SPECIAL NOTE: NON-COMPLIANT SMS AND TEXT MESSAGING IS SUBJECT TO SIGNIFICANT FINES AND PENALTIES

Due to increased regulation of SMS and text messages, the consequences for not following these rules can be quite severe, with penalties in the U.S. of up to $10,000 per violation, as assessed by the mobile carrier.