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Acceptable Use Policy

Last updated: Jul 26, 2023

Introduction

This Acceptable Use Policy ("House Rules") governs your use of the Utobo platform and all related services. By using Utobo, you agree to abide by these rules. These rules are designed to protect the Utobo community and ensure a safe, positive experience for all users. This Policy is incorporated into and forms part of the Utobo Terms and Conditions. Utobo reserves the right to determine, in its sole discretion, whether any use of the Platform violates this Policy.

Compliance with Laws

You must comply with all applicable local, state, national, and international laws and regulations when using the Platform. This includes, but is not limited to, laws governing data protection, privacy, intellectual property, consumer protection, anti-spam, and export control. You are responsible for understanding and complying with all laws that apply to your use of the Platform, regardless of where you are located.

Account Holder Duties

As an account holder, you are responsible for all activity that occurs under your account. You must maintain the security of your account credentials and promptly report any unauthorized access. You are responsible for ensuring that all users who access the Platform through your account comply with this Policy. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to this Policy.

Fair Use of Unlimited Sending

Some plans include "unlimited" broadcast (campaign) sends. "Unlimited" means there is no fixed monthly cap on campaigns sent to the opted-in contacts within your plan's contact limit. It does not permit sending to purchased, scraped, or non-consented lists, exceeding your plan's contact limit, or sustained volumes that are abnormal for your list size and clearly intended to abuse the service. Transactional email is metered separately according to your plan. All sending remains subject to our sending-reputation requirements: accounts whose bounce or complaint rates exceed our published thresholds may be automatically paused pending review. Utobo may, in its sole discretion, review, rate-limit, or suspend accounts that abuse "unlimited" sending or otherwise violate this Policy.

Prohibited Actions

The following actions are strictly prohibited on the Utobo Platform:

  • Sending or facilitating the sending of unsolicited bulk messages (spam)
  • Distributing malware, viruses, or any other harmful software
  • Phishing or attempting to obtain sensitive information through deception
  • Engaging in fraud, scams, or deceptive business practices
  • Impersonating another person or entity
  • Harvesting or collecting user information without consent
  • Interfering with or disrupting the Platform or its infrastructure
  • Circumventing security measures or access controls
  • Using the Platform to violate the legal rights of others
  • Selling or distributing illegal goods or services
  • Engaging in unauthorized data mining, scraping, or crawling
  • Creating multiple accounts to evade restrictions or bans
  • Using the Platform to generate or distribute misleading content
  • Facilitating or promoting any of the above prohibited actions

Consent and Permission

You must have all necessary rights, consents, and permissions before collecting, using, or sharing any personal information through the Platform. This includes obtaining explicit consent from individuals before adding them to mailing lists, sending them marketing communications, or sharing their data with third parties. You must maintain records of all consents obtained and make them available to Utobo upon request.

Content for Children

If you create or distribute content directed at children under the age of 13 (or the applicable age in your jurisdiction), you must comply with the Children's Online Privacy Protection Act (COPPA) and all other applicable child protection laws. You must not knowingly collect personal information from children without verifiable parental consent. You are responsible for implementing appropriate age-verification mechanisms and parental controls for content directed at children.

Privacy and Impersonation

You must respect the privacy of others and must not disclose personal or confidential information about any person without their explicit consent. You must not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. This includes creating accounts or content that may mislead others about your identity or the origin of communications.

Cybersquatting

You must not register, use, or hold account names, URLs, or other identifiers with the intent to profit from the goodwill of a trademark or brand belonging to someone else. Cybersquatting, including registering names that are confusingly similar to existing brands or trademarks for the purpose of misleading users or selling the account, is strictly prohibited.

Email and Text Message Requirements

All emails and text messages sent through the Platform must comply with applicable laws, including the CAN-SPAM Act, GDPR, and other relevant regulations. You must include a valid physical mailing address, a clear and conspicuous unsubscribe mechanism, and accurate header and subject line information. You must honor unsubscribe requests within 10 business days and must not sell or transfer email addresses of people who have unsubscribed.

Violence and Hateful Content

You must not use the Platform to promote, incite, or glorify violence against any person or group. Content that promotes hatred, discrimination, or violence based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic is strictly prohibited. This includes content that dehumanizes or demonizes individuals or groups.

Bullying, Harassment, and Criminal Activity

The Platform must not be used to bully, harass, threaten, intimidate, or stalk any person. You must not engage in or promote any criminal activity through the Platform. This includes, but is not limited to, extortion, blackmail, money laundering, and any activity that constitutes a criminal offense under applicable law.

Terrorist Organizations

The Platform must not be used by or on behalf of any organization designated as a terrorist organization by any government authority. Content that promotes, supports, or recruits for terrorist organizations or activities is strictly prohibited. If you become aware of any such content on the Platform, you must report it to Utobo immediately.

Child Exploitation

Any content that sexually exploits or endangers children is strictly prohibited and will be reported to the appropriate authorities, including the National Center for Missing and Exploited Children (NCMEC). This includes any content that depicts, promotes, or facilitates child sexual abuse material (CSAM), grooming, or any other form of child exploitation.

Pornography and Offensive Material

Pornographic content, sexually explicit material, and content that is excessively violent, gory, or otherwise offensive is not permitted on the Platform. This includes content that may not be illegal but is inappropriate for the Platform's community standards. Utobo reserves the right to determine, in its sole discretion, what constitutes offensive material.

Intellectual Property Infringement

You must not use the Platform to infringe upon the intellectual property rights of others. This includes uploading, sharing, or distributing copyrighted materials without authorization, using trademarks without permission, and misappropriating trade secrets. Utobo complies with the DMCA and will respond to valid takedown requests. Repeat infringers may have their accounts terminated.

Best Practices

We encourage all users to follow best practices when using the Platform, including maintaining clear and honest communication with their audience, providing accurate descriptions of their products and services, responding promptly to customer inquiries and complaints, keeping their content up to date and relevant, and treating all community members with respect and professionalism.

Utobo's Rights

Utobo reserves the right to investigate any suspected violation of this Policy and to take any action it deems appropriate, including removing content, suspending or terminating accounts, reporting violations to law enforcement, and pursuing legal remedies. Utobo may cooperate with law enforcement authorities in investigating and prosecuting users who violate this Policy.

Modifications to the Acceptable Use Policy

Utobo reserves the right to modify this Policy at any time. We will notify users of material changes by posting the updated Policy on the Platform and updating the "Last updated" date. Your continued use of the Platform after any changes constitutes your acceptance of the revised Policy. We encourage you to review this Policy periodically.

Reporting Violations

If you become aware of any violation of this Policy, please report it to us immediately at support@utobo.com. When reporting a violation, please provide as much detail as possible, including the nature of the violation, the account or content involved, and any supporting evidence. Utobo takes all reports seriously and will investigate promptly.

Consequences of Policy Violations

Violations of this Policy may result in a range of consequences, including but not limited to: warning notices, temporary suspension of account features, permanent account termination, removal of content, and legal action. The severity of the consequence will depend on the nature and severity of the violation, the user's history of violations, and any other relevant factors. Utobo's determination of appropriate consequences is final.

Legal Compliance

This Policy is intended to supplement, not replace, any applicable laws and regulations. Nothing in this Policy is intended to permit any activity that would otherwise violate applicable law. If there is any conflict between this Policy and applicable law, the more restrictive requirement shall apply. Users are responsible for understanding and complying with all applicable legal requirements in addition to this Policy.