Acceptable Use Policy

Katey Charles Communications LLC (“KCC”) helps individual clients select the right tools for email marketing message delivery based on the specific needs of each client. Regardless of the delivery tool used, each client who signs a services agreement with Katey Charles Communications which includes a KCC-licensed technology platform is responsible for using the email marketing delivery platform responsibly, abiding by the following guidelines.
This Acceptable Use Policy (“AUP”) sets forth the principles that govern the use of web-based products, emails and services provided by Katey Charles Communications LLC (the “Services” and “KCC”) and KCC Technology Partners to KCC’s Clients (collectively, “Clients”). KCC’s goal is to offer Clients a positive experience in their use and enjoyment of the Services. To help KCC offer its Clients the best user experience possible and to ensure the Services are used in an appropriate manner, all Clients need to follow the same rules and guidelines with respect to their use of the Services. This AUP is designed to help protect Clients and the Internet community from irresponsible, abusive or illegal activities, and to make the Services available to all Clients as consistently and efficiently as possible. By accessing and/or using the Services, you agree to adhere to this AUP.
Inappropriate Actions
Actions, whether intentional or inadvertent, that KCC considers inappropriate and grounds for restriction of access to or removal of offending material or termination of Services include, but are not limited to, the following:
  • Using the Services to sell any products or services that are unlawful in the location at which the content is posted or received or the products or services are delivered.
  • Using the Services to undertake or accomplish any unlawful purpose (including, but not limited to posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or otherwise objectionable in KCC’s sole opinion), or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation.
  • Using the Services to post, store, send, transmit, or disseminate any information or material which KCC determines (in its sole opinion) that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.
  • Using the Services to send unsolicited email to any email address where the Client has not obtained appropriate consent to receive marketing communications. (Consent requirements vary from country to country. It is incumbent upon the Client to adhere to all U.S. and non-U.S. spam laws and regulations.)
  • Using the Services to send email messages without providing an unsubscribe mechanism in the email.
  • Using the Services to send email messages without clearly and accurately identifying the sender and providing sender contact information in the content of the email.
  • Using the Services to send transactional or relationship messages which violate the FTC’s Primary Purpose Rule pertaining to transactional messages.
  • Using the Services to collect subscriber data or send messages in a way that violates any applicable anti-spam or privacy law, including without limitation CAN-SPAM, Canada’s Anti-Spam Legislation, the European Union’s General Data Protection Regulation and any existing spam or privacy laws for other countries.
  • Using the Services to restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Services, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information.
  • Using the Services to restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Services, or otherwise cause a performance degradation to any facilities, equipment or networks used to deliver the Services.
  • Using the Services to post any content that holds the Service Provider, its affiliates and/or partners and their parent companies, and their employees or shareholders up to public scorn or ridicule or would in any way damage or impair their reputation or goodwill.
  • Assigning, reselling, sublicensing, or otherwise making the Services available to third parties for their own use, except as expressly permitted by the terms of a Client’s agreement with KCC.
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to learn the source code to the Services.
  • Bundling the Services as part of a Client’s own product offering, without the express prior written consent of KCC.
  • Selling, leasing, renting, or otherwise making available data learned through the Services in any form (printed, electronically relayed, posted to public list services or bulletin boards, or magnetically stored) to, or for the benefit of, any third party for any reason other than to assist the Client in its normal lawful business activities.
  • Misidentifying the source of an email; adding, removing, or modifying identifying network header information (aka “spoofing”) in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information.
  • Activities which adversely affect the ability of other people or systems to use Services or the Internet (including without limitation “denial of service” attacks against KCC’s or KCC Technology Partners’ servers, network hosts or individual users.
  • Using the Services in violation of U.S. or international export control laws.
  • Using the Services to violate any third-party rights throughout the world, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including: (a) copyrights, trade secrets, trademarks and service marks, patents, inventions, designs, logos and trade dress, “moral rights,” mask works, publicity rights, and privacy rights; and (b) any application or right to apply for any of the rights referred to in clause (c), and all renewals, extensions and restorations.
  • Using the Services to post, store, send, transmit or disseminate any individual’s social security number, credit card number or other bank account related information.
This is intended to be an illustrative and not exhaustive list of Inappropriate Actions. The examples identified in this list are in addition to the content identified in the Agreement between KCC and its Client pursuant to whose agreement you are given the right to access the Services and are provided solely for your guidance. As a Client you agree to comply with these restrictions and not to conduct or participate in an Inappropriate Action. If you are unsure whether any contemplated use or action is permitted, or wish to report a violation of this AUP, please contact KCC.

KCC prefers to advise Clients of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that KCC, in its sole discretion as between any Client and KCC, believes violates this AUP, KCC may take such responsive action(s) as KCC, in its sole discretion, determines to be appropriate. These responsive actions may include, but are not limited to, suspending your right to access and use the Services until the Inappropriate Action has ceased to KCC’s satisfaction, and termination of the agreement between KCC and the Client on whose behalf you are using the Services. KCC reserves the right, in its sole discretion as between any Client and KCC, to restrict access to or to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of any agreement between KCC and its Client pursuant to whose agreement you are given the right to access the Services, or this Acceptable Use Policy..


While KCC, KCC Technology Partners and their third-party service providers may elect to monitor your use of the Service to confirm your adherence to this Acceptable Use Policy, it is ultimately the responsibility of the user of the Services to ensure that all use complies with this Acceptable Use Policy.


KCC’s right to take action under this Acceptable Use Policy will not place an obligation on KCC to monitor or exert any editorial control over your website..


Bandwidth Usage Allocation
A Client’s use of bandwidth is expected to compare to the normal bandwidth used by other Clients. If, in the sole discretion of KCC, a Client requires or is utilizing bandwidth that is excessive in comparison to other Clients, KCC may impose additional charges for this bandwidth usage, or if such charges cannot be agreed upon, may prevent such excessive use of the Services.


Network Security
You may not use KCC’s network, KCC Technology Partners’ networks or any third-party networks contracted by KCC to circumvent user authentication or interfere with the security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy. You may not attempt to interfere with or deny service to any user, host, or network. Any violation of network security may result in immediate termination of the agreement between the Client on whose behalf you are utilizing the Services and the Service Provider.


Revisions to This Acceptable Use Policy
KCC reserves the right to revise, amend, and/or modify this AUP at any time. Notice of any revision, amendment, and/or modification to this AUP will be posted on the log-in page for the Services. You agree that your use of the Services, beyond a period of ten (10) calendar days after a notice of such change has been provided on the Services for the first time, shall constitute your consent to the revised, amended, and/or modified version of the AUP.


(Revised May 14, 2018)