This Acceptable Use Policy (this “AUP”) governs all users of Hy.ly’s cloud-based services (the “Platform Services”). Violation of this AUP may lead to suspension or termination of the user’s account in addition to other legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Hy.ly reserves the right to take any other remedial action it sees fit. Hy.ly may change this AUP at any time by posting a new version on this page and/or sending the user written notice thereof. The new version will become effective on the date of such notice.
1. Acceptable Use. Hy.ly requires that all customers and other users of the Platform Services conduct themselves with respect for others. In particular, observe the following rules in your use of the Platform Services:
(a) Abusive behavior. No user may (i) harass, threaten, or defame any person or entity; (ii) contact any person who has requested no further contact; or (iii) use ethnic, racial, or religious slurs against any person or group.
(b) Privacy: No user may (i) violate the privacy rights of any person; (ii) collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission; or (iii) cooperate in or facilitate identity theft.
(c) Intellectual Property: No user may (i) infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity; (ii) reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder; (iii) share non-public Platform Services features or content including, without limitation, screenshots, screen sharing, screen capture, or graphics, with any third party; or (iv) access the Platform Services in order to build a competitive product or service, a product using similar ideas, features, functions, or graphics, or to copy any ideas, features, functions, or graphics of the Platform Services.
(d) Hacking, Viruses, Network Attacks, & Phishing. No user may: (i) access any computer or communications system without authorization, including the computers used to provide the Platform Services; (ii) attempt to penetrate or disable any security system; (iii) intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website; (iv) attempt to access or otherwise interfere with the accounts of other users of the Platform Services; or (v) attempt any phishing including, without limitation, the use any misleading or incorrect names, addresses, email addresses, return email addresses, subject lines, or other information residing on or in the Platform Services or in any emails created or sent using the Platform Services..
(e) Spam. No user may (i) send unsolicited bulk email (i.e. spam) or sell or market any product or service advertised by or connected with spam; (ii) facilitate or cooperate in the dissemination of spam in any way; or (iii) violate the CAN-Spam Act of 2003. Users must be able to provide evidence of consent for bulk email upon request
(f) Bulk Email Restrictions. No user may (i) use an outside unsubscribe process when sending bulk content to a list hosted within the Platform Services; (ii) set up multiple accounts for any person or entity in order to send similar content, unless as part of a franchise or agency; (iii) import or incorporate Social Security numbers, passwords, security credentials, driver’s license numbers, credit or debit card numbers, or other sensitive personal information into any lists, emails, or uploads to our Platform Services; (iv) send email that will be delivered to recipients as text, SMS, or MMS messages unless using a feature designed for that purpose; (v) upload or send to purchased, rented, third-party, publicly available, or partner lists of any kind; (vi) send or forward personal mail; (vii) send content created with the Platform Services through another service; (viii) host images, video, multimedia, or any other content for any purpose other than for use with the Platform Services; or (ix) delete, bulk unsubscribe, or otherwise modify lists in order to avoid billing thresholds.
(g) Fraud and Violations of Law. No user may (i) issue fraudulent offers to sell or buy products, services, or investments; (ii) mislead anyone about the details or nature of a commercial transaction; (iii) commit fraud in any other way; or (iv) violate any law.
- Other. Except as specifically authorized in a Platform Services Agreement, no user may: (i) use the Platform Services for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Platform Services, except as specifically authorized in a Platform Services Agreement; (ii) provide Platform Services passwords or other log-in information to any third party, except End Users as specifically authorized by this Agreement; or (iii) engage in web scraping or data scraping on or related to the Platform Services including, but not limited to, collection of information through any software that simulates human activity or any bot or web crawler.
- Bounce and Spam Complaint Rates. In general, hard bounce rates should be under 5%, and spam complaint rates should be less than 0.1%. For that reason, we reserve the right to closely review, suspend, throttle, or disable accounts that exceed these rates.
3. Reporting Unacceptable Use. Hy.ly requests that anyone with information about a violation of this AUP report it via e-mail to the following address: legal@hy.ly. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.
