Acceptable Use Policy

This Acceptable Use Policy (the “Policy”) sets out the rules applicable to your use of the Avada Commerce. (Avada, “we”, “us” or “our”) hosted email platform and related services.

This Policy should be read in conjunction with the Terms of Use, into which it is incorporated by reference. If you violate this Policy, we may suspend or cancel your account.

We may modify this Policy from time to time. We will provide you with notice of any material changes to this Policy by publishing or communicating the changes through our Services or by other means so that you may review the changes before continuing to use our Services. Your continued use of the Services after we publish or communicate a notice about any changes to this Policy means that you agree to the changes.

You agree to adhere to the following rules when using the Services:

All of your contacts/recipients that you are emailing with the Services must have given explicit consent to receive emails from you. This can be done when adding contacts via our dashboard or our API. We require that all contacts that you intend to send commercial bulk emails to must have been obtained via “double opt-in” measures and by using our Services you are confirming this. Our web forms use “double opt-in” subscription.

Do not send unsolicited email (i.e. “spam”). That means that you are not allowed to send email other than Transactional Messages (as defined in the Terms of Use) unless the recipients have validly consented to receive communications from you.

Do not send email to purchased, rented or third-party email lists of any kind.

Do not use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify you.

Do not use deceptive subject lines or re-direct links to sites and pages that are not relevant to the content of your email.

Your email must include a clear and conspicuous unsubscribe link in a form acceptable to Avada that directs through Avada’s hosted email platform. Each link must remain valid for at least 60 days after your email is sent, and you must not remove or disable such a link.

You must honor opt-out requests promptly (no later than 10 business days after receiving the request), and you must be able to process opt-out requests for at least 60 days after your email is sent.

You must accurately identify yourself in your email and include your valid physical postal address and email address (or telephone number) by which you can be contacted. The information must remain valid for at least 60 days after your email is sent.

If you send advertisements, you must clearly and conspicuously identify your email as advertisements.

You are only allowed to have one account that receives the free emails credits that we offer. If your account is suspended or canceled, creating another account may result in cancellation.

You agree that you will not use the Services to send an email that contains, offers, promotes, references or links to any information or content related to the following:

• defamatory or libelous information or content;
• pornographic, sexually explicit or otherwise adult-oriented information or content;
• vulgar, obscene, profane, offensive, abusive, or threatening information or content;
• false, misleading, inaccurate or deceptive information or content;
• information or content that is discriminatory, racist, or promotes violence against any individual or group;
• information or content that infringes or misappropriates the intellectual property or other proprietary rights of any third party;
• viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information;
• hacking, software piracy, spyware, surveillance, interception or descrambling equipment, phreaking, emulators, or illegal file sharing activity;
• information or content contrary to any applicable laws or regulations; or
• information or content otherwise deemed by Avada to be unsuitable or harmful to Avada, the Services or Avada’s affiliates, partners, customers or users.

You agree that you will not use the Services to send an email that contains, offers, promotes, references or links to any of the following products, services or content:

• weaponry, firearms, ammunition, fireworks, or explosives;
• hazardous materials or hazardous substances;
• multi-level marketing or affiliate marketing;
• work from home, make money online and internet lead generation opportunities;
• casino or online gambling;
• foreign exchange programs and software (FOREX);
• stock trading software;
• predatory publishing; or
• data selling services such as email lists, phone numbers, etc.

If we suspect that your account is being used in contravention of this Acceptable Use Policy or otherwise in a manner that is harmful to Avada or the Services, we may restrict your access or use of your account, including by suspending or canceling your account. Here are some examples of some reasons why we might take action against your account:

• we have received a high volume of complaints regarding an email sent from your account. Complaints are tracked when recipients mark your email as junk or spam;
• your account has sent a high volume of email to invalid email addresses; or
• our internal spam prevention measures have identified email sent from your account as being in contravention of this Acceptable Use Policy.

If you wish to dispute any action taken against your account, please contact us.