ACCEPTABLE USE POLICY (“AUP”)
All services provided by Fantastic Edge Marketing may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State, or local laws is strictly prohibited. Customer agrees to indemnify and hold harmless Fantastic Edge Marketing from any claims resulting from Customer’s use of the service which damages Customer or any other parties, including attorney’s fees.
- Services Provided.
- Customer Obligations.
Customer agrees to use Fantastic Edge Marketing’s services in a manner that is legal, appropriate and in conformity with industry standards and to respect the privacy of consumers. More specifically, Customer agrees to abide by Fantastic Edge Marketing’s requirements governing the use of the various components of the services, as described below:
Fantastic Edge Marketing strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called “Spam”).
- Fantastic Edge Marketing maintains a Zero-Tolerance policy against Spam, whether direct, indirect or through any affiliate or agent acting on the Customer’s behalf.
- As determined by Fantastic Edge Marketing’s sole discretion, Customer shall have proof that all individuals in the Customer’s database have opted in or otherwise agreed to receive communications from Customer.
- All lists used in conjunction with the services provided by Fantastic Edge Marketing are required to be 100% solicited (opt-in) lists. This means that the individuals on the list have agreed to receive information from your business entity. The practice of bartering, purchasing, or renting lists of names and sending e-mails to those people is strictly prohibited.
- Furthermore, in accordance with CAN-SPAM legislation, all e-mail messages sent using Fantastic Edge Marketing’s services must have an opt-out link, must include a valid physical address of the sender, and must contain a clear subject line that does not mislead the recipient as to the contents of the e-mail. Customers are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
- The opt-out link may not be excessively “padded” with line-breaks or similar means to deceive recipients.
- The complaint rate (“feedback rate”) may not exceed the accepted industry standard at the time of transmission. Failure to comply will result in penalties and restrictions as defined under Violations and Penalties, below.
- As of this writing, the industry standard for complaint rates is less than .1% (1/1000). It is Customer’s sole responsibility to maintain under the then-current industry standard.
Fantastic Edge Marketing strictly prohibits the use of its hosting services for illegal or appropriate purposes. Customer agrees that all hosting services provided by Fantastic Edge Marketing will be used only for proper legal purposes and in a lawful manner.
Fantastic Edge Marketing provides e-Commerce services including Web Form(s), Sale Form(s), payment pages, tracking links, redirected “Landing Pages,” etc. Customers may not send unsolicited communications whether through Fantastic Edge Marketing’s services or by means of third-parties which direct individuals to any Fantastic Edge Marketing e-commerce services that reference Fantastic Edge Marketing.
Any and all of Customer’s affiliates are bound by the terms of the Fantastic Edge Marketing Terms of Service. Customer is solely responsible for ensuring their affiliates are compliant to the Fantastic Edge Marketing Terms of Service. Customer’s failure to ensure their affiliates’ compliance will be subject to the enforcement these policies.
- Violations and Penalties.
Customers who fail to comply with the terms of the Fantastic Edge Marketing Terms of Service will be subject to the following penalties, including, but not limited to, immediate termination of service.
A $250 investigation fee may be assessed to Customer’s account for each complaint of unauthorized communication that Fantastic Edge Marketing receives involving a Customer’s account. This non-refundable fee goes toward confirming complaints either digitally or verbally between sources of complaints.
- “Complaints” may include, but is not limited to individual reports e-mailed to firstname.lastname@example.org, third-party ISP complaint notifications, notification from anti-spam organizations such as “SpamCop” and internal heuristic research performed.
- Notice and Communication of Complaints.
Upon receiving a complaint, Fantastic Edge Marketing will notify Customer of said complaint and investigate the validity of the complaint. If Customer does not take immediate remedial action to rectify the situation, Fantastic Edge Marketing reserves the right to suspend Customer’s service until Customer has resolved the situation to Fantastic Edge Marketing’s satisfaction, at Fantastic Edge Marketing’s sole discretion.
- “Customer Notification”
Fantastic Edge Marketing will make a reasonable effort to contact Customer in the form of e-mail and/ or telephone notification, sourced from information currently on file.
- “Customer Notification”
- Confirmed Violations, Unsolicited E-Mail.
A $250 non-refundable investigation fee will apply per complaint in the event Fantastic Edge Marketing determines that Customer sent an unsolicited communication to a recipient who did not agree to receive communications from Customer.
- In the event of multiple complaints, Fantastic Edge Marketing services may be suspended in order to maintain integrity of services provided. Services can only be reinstated by meeting the criteria as determined by Fantastic Edge Marketing to minimize and address complaints.
- Confirmed Violations, Complaint Rate, Reactivation Fee.
In the event complaint rates exceed industry standards, Fantastic Edge Marketing will immediately suspend e-mail services and notify Customer via e-mail and/or telephone.
- A $200 “Service Reactivation Fee” will be applied toward the Customer’s account for investigation resources spent toward identifying and addressing high complaint rates.
- Excessive, Widespread and/or Repeated Violations.
In accordance with Fantastic Edge Marketing’s Zero-Tolerance No-Spam Policy, Fantastic Edge Marketing will immediately terminate the account of any Customer found to be involved in a non-compliant marketing campaign or other widespread or repeated violation of the Fantastic Edge Marketing Terms of Service.
- All data contained in Customer’s account will be permanently removed.
- Customer will be held accountable for any monetary damages suffered by Fantastic Edge Marketing, due to Customer’s actions or inactions. Such monetary damages may include, but are not limited to, loss of Web services, regulatory penalties (e.g., FTC) and punitive damages related to lost clients and revenues due to said violation.
- The determination of what constitutes an “excessive, widespread and/or repeated violation” of this policy will be determined by Fantastic Edge Marketing.
- Reservation of Rights.
Fantastic Edge Marketing reserves the right to terminate Customer’s account for any violation of the Fantastic Edge Marketing Terms of Service. Fantastic Edge Marketing reserves the following rights:
- Questionable Practices (“Inappropriate Use”)
Fantastic Edge Marketing may terminate Customer’s account if Customer engages in any practice that is, in Fantastic Edge Marketing’s sole discretion, objectionable, unlawful, obscene, pornographic, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
- Change of Terms and Conditions
Fantastic Edge Marketing reserves the right to change the terms and conditions of this Policy, as needed. Use of Fantastic Edge Marketing’s software and/or services by Customer after said changes constitutes Customer’s acceptance of the new Policy.
- Fantastic Edge Marketing will inform Customer when significant changes are made to any policies under the Fantastic Edge Marketing Terms of Service by means of the Customer’s e-mail, currently on file, or via the website at http://www.fantasticedge.com/acceptable-use-policy/
- Questionable Practices (“Inappropriate Use”)
ALL CUSTOMERS AND AFFILIATES ARE EXPECTED TO AGREE TO ALL TERMS CONTAINED HEREIN. DIGITAL ACCEPTANCE IS ACHIEVED WHEN CUSTOMERS OR AFFILIATES ACCESS OR IN ANY WAY USE FANTASTIC EDGE MARKETING’S SERVICES.
FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.
Last updated: 02/17