Acceptable Use Policy
IMPORTANT: THIS ACCEPTABLE USE POLICY PERTAINS TO REACHLOCAL, INC.’S ("REACHLOCAL"; OR "WE";) MARKETING SERVICES. PLEASE READ THIS CAREFULLY. YOUR EXECUTION OF AN ORDER FORM FOR APPLICABLE MARKETING SERVICES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THIS ACCEPTABLE USE POLICY.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS ACCEPTABLE USE POLICY AT ANY TIME. WE SHALL PROVIDE NOTIFICATION OF CHANGES TO THIS ACCEPTABLE USE POLICY BY UPDATING THE LAST MODIFIED DATE SET FORTH ABOVE. ALL SUCH CHANGES SHALL BE BINDING UPON YOU ONCE POSTED.
Terms not defined herein shall have the meaning set forth in the Marketing Services Terms.
Restricted Uses. You may not use the Marketing Services to:
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
- display or market material that exploits children under 18 years of age;
- post or disclose any personally identifying information or private information about anyone without his or her consent, including children under 18 years of age without their parents’ consent;
- promote, post, or transmit anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- impersonate any person or entity, misrepresent your affiliation with a person or entity or lead a reasonable person to think that another person or entity uses or endorses any business, product, service, cause, association or other endeavor;
- promote a business involving pornography or explicit sexual images or merchandise;
- offer or sell illegal or potentially illegal products or services, including those that are counterfeited, stolen, fraudulent or whose sale in a particular territory is not allowed;
- offer or sell products or services that infringe or have the potential to infringe the intellectual property rights or proprietary rights of a third party;
- offer or sell any products or services that ReachLocal, in its sole discretion, determines are inappropriate, offensive, pornographic, sexually explicit or violent;
- offer or sell any products that ReachLocal, in its sole discretion, determines are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition;
publish content, or links to content, that are:
- pornographic, sexually explicit, or violent
- illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another)
- reasonably likely to cause harm, or that could be reasonably considered as libelous, defamatory, slanderous, threatening, or harassing
- breaches another’s privacy
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any malicious or unsolicited software or upload, post, or otherwise transmit any material that contains software viruses, worms, Trojan horses, spyware or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- make any offers that you cannot or will not honor per the terms of such offer; or
- provide or post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence.
SPAM. You agree that you will not use the Marketing Services to send any message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose) (a "commercial electronic mail message"; as defined in the CAN-SPAM Act of 2003(the "CAN-SPAM Act";) without complying with the CAN-SPAM Act and other applicable legislation. Without limiting the generality of the foregoing,
- You may not send any commercial message to any person who has opted out or otherwise objected to receiving such messages from you.
- You may not send messages using the Marketing Services to any email address to which you do not have the right to send a message either under applicable law or otherwise. For instance, if you upload email addresses that you have purchased or licensed to ReachEdge, you bear sole responsibility for ensuring that you have the right to send commercial emails to such email addresses.
- You agree that the "from"; line of any email message sent by you using the Marketing Services will accurately identify your organization, your product or your service. You shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious. You are the sole or designated "sender"; (as such term is defined in the CAN-SPAM Act of 2003 and any rules or regulations adopted under such act) of any message sent by you using the Marketing Services.
- You agree that the "subject"; line of any email message sent by you using the Marketing Services will not contain any misleading content regarding the overall subject matter of the email message.
You agree to include in any email message sent by you using the Marketing Services your valid physical address, which, if you are located in the U.S., may be a valid post office box meeting the registration requirements established by the United States Postal Service.
Messages that you send using the Marketing Services may generate spam or other complaints from recipients. You are responsible for ensuring that your messages, surveys, events or campaigns do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Marketing Services if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion (such determination shall be final, binding and conclusive for all purposes under this Agreement).
Other Rules. You also agree to each of the following:
- You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
- You will not sell, license or otherwise disseminate consumer information, collected through use of any Marketing Service to third parties for the purposes of third-party marketing.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted using any Marketing Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).
- You will not use any means to "harvest,"; "scrape,"; "crawl,"; "reverse engineer"; or "spider"; any web pages or content maintained as part of any Marketing Service.
You will not purchase the Marketing Services if you or your business provides, sells or offers products, services or content frequently associated with spam, such as:
- online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;
- debt collections, credit repair and debt relief offerings;
- promotion of stocks or stock message boards;
- work-at-home such as "get rich quick"; schemes;
- pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting; or
- online gambling or odds making services.
- You will not purchase the Marketing Services if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.