Acceptable Use Policy
Last updated: May 15, 2020
This Projul Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (Projul), whether we provide it directly or use another party to provide it to you (each, a "Projul Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the Projul 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 Projul Service unless you agree to them. By using the Projul Service, you are agreeing to these terms.
If you are using any Projul Service, this AUP applies to you. Every client of ours 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 Projul 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 the Notification app in the Projul portal used to access your Projul subscription (if you have one), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.
Reporting Suspected Violations
We encourage recipients of email messages sent using the Projul Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to reportabuse@projul.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.
Prohibited Email Actions
You may not use Projul 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. One-to-one commercial emails are also considered Spam if the data processed for purposes of sending that email is in scope of the General Data Protection Regulation ('GDPR') and you fail to provide notice to individuals and establish a lawful basis of processing.
You may not use the Projul Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) spam in violation of the CAN-SPAM Act or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications; (d) commercial electronic messages in violation of Canada's Anti-Spam Legislation; or (e) in violation of the General Data Protection Regulation (GDPR).
You may not use any misleading or false names, addresses, email address, or subject line.
You may not email purchase lists. You are prohibited from using the Projul Service to email: (a) purchased, rented, or borrowed lists, and (b) lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints.
Email Opt-out Requirements
You warrant that each email you send or is sent for you using the Projul Service will contain: (a) header information that is not false or misleading; and (b) 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) be stopped. You warrant that you will promptly comply with all opt-out, unsubscribe, "do not call" and "do not send" requests.
Telephone Marketing
You must comply with all laws relating to telephone marketing. You must comply with all laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording. If you use the Projul Service to place telephone calls, you must also comply with all applicable industry standards. You are prohibited from using or permitting access to use the Projul Service to make emergency calls or to provide or seek emergency services.
No Disruption
You agree not to use the Projul Service in a way that impacts the normal operation, privacy, integrity or security of another's property. You also agree not to use the Projul 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. You also agree not to use the Projul Service in a way that causes or may cause any Projul IP addresses, Projul domains, or Projul customer domains to be blacklisted.
Proper Usage of the Projul Service
You will respect the limits that apply to your use of the Projul Service. In addition, you may not (directly or indirectly) use the Projul Service with content, or in a manner that: is threatening, abusive, harassing, stalking, or defamatory; is deceptive, false, misleading or fraudulent; is invasive of another's privacy or otherwise violates another's legal rights; contains vulgar, obscene, indecent or unlawful material; infringes a third party's intellectual property rights; or violates any applicable law or regulation.
Compliance with Laws
You represent and warrant that your use of the Projul Service will comply with all applicable laws and regulations, including without limitation the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, Canada's Anti-Spam Legislation, and the General Data Protection Regulation (GDPR).