Acceptable Use Policy

ACCEPTABLE USE POLICY

This Outkeep Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by us (Outkeep), whether we provide it directly or use another party to provide it to you (each, a “Outkeep Service”). This AUP is designed to ensure compliance with the laws and regulations that apply to the Outkeep Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Outkeep Service unless you agree to them. By using the Outkeep Service, you are agreeing to these terms.

If you are using any Outkeep Service, this AUP applies to you. Every customer and user agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of Outkeep Services pursuant to our Customer Terms of Service for violations of this AUP.

We periodically update these terms and we will let you know when we do through by email (if you signed up for email notification), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

1. REPORTING SUSPECTED VIOLATIONS

We encourage recipients of email messages sent using the Outkeep Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to abuse@Outkeep.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.

2. PROHIBITED EMAIL ACTIONS

2.1 Spam Prohibited.

You may not use Outkeep to send spam.

Spam can be in the form of bulk email or one to one commercial emails. Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content. One-to-one commercial emails are spam when they violate CAN-SPAM.

You may not use the Outkeep Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (i) spam in violation of the CAN-SPAM Act (referenced below) or any other law; (ii) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (iii) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry.

2.1.1 Data Broker Compliance.

When using Outkeep’s enrichment products or commercial dataset, you acknowledge that Outkeep is registered as a data broker in California, Texas, Oregon, and Vermont. You must comply with all applicable data broker laws and regulations, including providing clear opt-out mechanisms for individuals whose information is included in commercial datasets.

2.1.2 Commercial Dataset Opt-Out Obligations.

If you use Outkeep’s commercial dataset or enrichment products, you must:

2.2 Invalid Emails.

You may not use any misleading or false names, addresses, email address, or subject line.

Email sent, or caused to be sent to or through the Outkeep Service may not: (i) use or contain invalid or forged headers; (ii) use or contain invalid or non-existent domain names; (iii) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (iv) use other means of deceptive addressing; (v) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (vi) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (vii) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

If you use email, we recommend that you adopt the Messaging, Malware and Mobile Anti-Abuse Working Group (M³AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available upon email request sent to [contact email]. You will use commercially reasonable efforts to follow these practices.

2.3 Purchased Lists Prohibited.

You may not email purchased lists.

2.4 Prohibited Email Practices.

You are prohibited from using the Outkeep Service to engage in email practices that are likely to have high levels of bounces, increased spam complaints, and the potential for blocklisting by anti-spam providers, including but not limited to the following:

  1. emailing purchased, rented, or borrowed lists;
  2. email appending and/or sending non-permission based email where prohibited;
  3. engaging with email recipients or content lists that are likely to result in an excessive number of unsubscribe requests or spam complaints or notices, as determined by acceptable industry practices.

3. EMAIL OPT-OUT REQUIREMENTS

3.1 Outbound Email Obligations.

You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests. You warrant that each email you send or is sent for you using the Outkeep Service will contain:

  1. header information that is not false or misleading; and
  2. an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information).

3.2 Transactional Emails.

These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law.

4. TELEPHONE, TEXTING, AND MESSAGING

4.1 Telephony Compliance.

If you use the Outkeep Subscription Service to place telephone calls, text messages, or other supported messaging, you must comply with all applicable:

  1. laws relating to telephone calling, texting, and any other message marketing, including applicable local, state, national or international laws (e.g., the CAN-SPAM Act, TRAI, TCPA or other similar laws and regulations applicable to you);
  2. laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording;
  3. policies and guidelines of third party service providers, such as network operators and carriers; and
  4. industry standards, including those applicable guidelines published by the CTIA and the Mobile Marketing Association.

4.2 Emergency Services Prohibited.

You are prohibited from using or permitting access to use the Outkeep Subscription Service to make emergency calls or to provide or seek emergency services.

4.3 Telephony Compliance Penalties.

You are solely responsible for any penalties or fines incurred as a result of your non-compliance with third party service providers’ policies and guidelines. In addition to the other termination and suspension rights in this AUP, Outkeep may suspend or terminate your access to the Telephone and texting services if (i) Outkeep receives repetitive complaints from your recipients or third party service providers; or (ii) Outkeep receives an instruction from a third party service provider to suspend or terminate your access to the service.

5. NO DISRUPTION

5.1 Non-Disruptive Use.

You agree not to engage in any of the following activities:

  1. use the Outkeep Service in a way that impacts the normal operation, privacy, integrity or security of another’s property…
  2. use or launch any automated system, including, “robots,”, “spiders,”, or “offline readers,”, that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser (also for example, scraping or harvesting);
  3. use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Subscription Service;
  4. attempt to gain unauthorized access to the Subscription Service;
  5. access the Subscription Service using another User’s unique login credentials, including reusing or sharing unique login credentials among multiple users;
  6. violate, or cause us to be in violation of, applicable trade and sanctions laws, and you will not:
    (a) allow any Users to access the Outkeep Service from an embargoed country or region or where such use is restricted by applicable trade law, or
    (b) allow access to the Outkeep Service to any person or entity included in a list of restricted parties maintained by the U.S. government, the United Nations, or similar regulatory entities; or
    (c) directly or indirectly export, re-export, or transfer the Subscription Service or Consulting Services to prohibited countries, regions, or individuals or permit use of the Subscription Service or Consulting Services in or by prohibited countries, regions, or individuals.
  7. access the Subscription Service other than through our interface;
  8. use the Outkeep Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so; or
  9. use the Outkeep Service in a way that causes or may cause any Outkeep IP addresses, Outkeep domains, or Outkeep customer domains to be blacklisted.

Examples of prohibited actions include (without limitation) hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

6. PROPER USAGE OF THE OUTKEEP SERVICE

6.1 Sensitive Data Acceptable Use.

If you store any information belonging to a sensitive category of information under applicable law relating to privacy or data protection, you must adhere to the standards and obligations reflected in the Outkeep Sensitive Data Terms available on our website. For the avoidance of doubt, you may not (directly or indirectly) use the Outkeep Service in a way that (i) uses Permitted Sensitive Data in a service or feature not expressly permitted by Outkeep Sensitive Data Terms, (ii) includes any Prohibited Sensitive Data, (iii) otherwise stores or uses Permitted Sensitive Data in an unprotected manner or in violation of applicable regulation.

6.1.1 AI and Machine Learning Processing.

When using Outkeep’s AI features and functionality, you acknowledge and agree that:

Legal Basis: Outkeep processes data for AI training and improvement based on legitimate business interests in developing and enhancing our services, balanced against individual privacy rights.

AI Processing Transparency:

Customer Obligations: You are responsible for ensuring you have appropriate legal basis for any AI processing of personal data through the Outkeep Service and for providing required notices to data subjects about AI processing activities.

Opt-Out Rights: Individuals may opt out of having their data used for AI training purposes by emailing privacy@Outkeep.com. Such opt-out will not affect the functionality of core Outkeep services.

6.2 Prohibited Acts.

In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Outkeep Service with content, or in a manner that:

6.2.1 Data Broker Compliance Obligations.

When using Outkeep Services that involve commercial datasets or enrichment products, you must:

Notice Requirements:

Compliance Monitoring:

Prohibited Uses:

7. CONTENT RESTRICTIONS

7.1 Prohibited Content.

You may not use the Outkeep Service to publish, distribute, or otherwise make available any content that is threatening, deceptive, invasive, obscene, infringing, or violates any law.

7.1.1 AI-Generated Content Restrictions.

When using Outkeep’s AI features to generate content, you must:

Content Accuracy:

Disclosure Requirements:

Prohibited AI Uses:

8. SECURITY

8.1 Account Security.

You are responsible for maintaining the security of your account and password and for all activities that occur under your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

8.2 Reporting Security Issues.

You must promptly report any security deficiencies in or intrusions to the Outkeep Service that you discover to Outkeep at security@Outkeep.com. You must not access or use another user’s account without permission.

8.2.1 Transfer Impact Assessment Compliance.

When using Outkeep Services that involve international data transfers, you acknowledge that:

Customer Responsibilities:

Supplementary Measures:

9. ENFORCEMENT

9.1 Enforcement Methods.

We will enforce this AUP in any manner we reasonably deem appropriate, including warnings, suspending or terminating access, removing prohibited content, or other actions. Certain violations may result in immediate suspension or termination without advance notice.

9.2 Cooperation with Investigations.

You agree to cooperate with us in any investigation of suspected violations of this AUP, including by providing us with information about your use of the Outkeep Service.

9.3 Reporting Violations.

We encourage you to report violations of this AUP to us at abuse@Outkeep.com.

9.3.1 Data Broker Compliance Monitoring.

Outkeep reserves the right to:

Monitor Compliance:

Customer Cooperation:

10. MODIFICATIONS TO AUP

We reserve the right to modify this AUP at any time. We will notify you of any changes by posting the revised AUP on our website and updating the “Last Updated” date. Your continued use of the Outkeep Service after any such changes constitutes your acceptance of the new AUP.

11. CONTACT INFORMATION

If you have questions about this AUP or need to report a violation, please contact us at:

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