Acceptable Use Policy – EMP

This Acceptable Use Policy (“AUP”) describes activities that are not allowed in connection with your use of the Liaison EMP Services (“the Services”). The AUP is effective for any agreements or services contracted with Liaison EMP and any use of Liaison EMP is not permitted without agreeing to this AUP.

Capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement.

Inquiries regarding this policy should be directed to empsupport@liaisonedu.com

Abuse

You may not use Liaison EMP’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, but not limited to:

  • Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;
  • Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
  • Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
  • Distributing software that covertly gathers or transmits information about a user;
  • Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool);
  • Any conduct that is likely to result in retaliation against the Liaison EMP network or website, or Liaison EMP’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
  • Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
  • Interference with service to any user of the Liaison EMP or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Using the Services in any manner that causes a telecommunications provider to complain about your use or materially violates the following:
    • Industry standards, policies and applicable guidelines published by
      • The CTIA (Cellular Telecommunications Industry Association),
      • The Mobile Marketing Association, or
      • Any other generally recognized industry associations;
    • Telecommunications provider guidelines and usage requirements as communicated in writing by Liaison EMP to you.
  • Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
  • Using the Liaison EMP Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes
  • Using the Liaison EMP Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with Liaison EMP or your use of the Liaison EMP Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
  • Communicating any information protected by FERPA, or any such regulations, in a non-compliant and/or insecure manner. This includes, but is not limited to, sending data files over non-secure routes (e.g. sending student files over email or non-secured FTP servers) and posting such data in a publicly accessible manner on MyViewbook pages (rather than requiring a credential login). Liaison accepts no responsibly or liability for any protected data that is communicated in violation of this requirement.
  • Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
  • Using the Liaison EMP Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
  • Using the Liaison EMP Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of the Liaison EMP Services to you and/or your phone numbers.
  • Using the Liaison EMP Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
  • Having a high volume of unanswered phone calls or phone calls that are too short in duration (i.e., phone calls generally less than twelve (12) seconds in length.
  • Any action which directly or indirectly results in any of our IP space or shared domains being listed on any abuse database (i.e. Spamhaus, SURBL, etc.); or
  • Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Liaison EMP.

 

Offensive Content

You may not publish, transmit or store on or via the Services any content or links to any content that Liaison reasonably believes:

  • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
  • Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction;
  • Is defamatory or violates a person’s privacy; or
  • Is otherwise malicious, fraudulent, morally repugnant.

 

Mail Requirements

You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:

  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You must not obscure the source of your e-mail in any manner;
  • You must post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;
  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and you can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or Liaison;
  • You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You must honor revocations of consent, including inferred revocations due to extended periods of inactivity of greater than 90 days;

These policies apply to messages sent using the Services, or, if applicable, to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.

 

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a Liaison EMP system or network, or to breach the Liaison EMP security or authentication measures, whether by passive or intrusive techniques.

 

Email & Phone Number Validation

Without limiting the application of any other provisions of this AUP, with respect to any of the Services’ email/phone number validation features or functionality, you may not:

  • Use the Services to verify the phone numbers/email address(es) of any person who has not affirmatively consented (i.e., opted-in) to, or who has not expressly opted-out from, receiving email or phone communications from you;
  • Use the Services to validate phone numbers/email addresses that were purchased, rented or similarly obtained from a third party (i.e., third party email lists) without explicit records of individual consent complete with any limitations on or intention of phone number/email address usage; or
  • Use the Services to harvest phone numbers/email addresses or otherwise determine the existence of unknown phone numbers/email addresses.

 

Intellectual Property and Other Proprietary Rights

You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:

  • You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
  • You may not use the Services to publish content intended to assist others in defeating technical copyright protections; and
  • You may not display another person’s trademark without permission.

In addition, you may not use the Services to publish another person’s trade secrets, or to publish information in violation of a duty of confidentiality. It is Liaison’s policy to terminate the services of customers who are repeat infringers in appropriate circumstances.

 

Cooperation with Investigations and Legal Proceedings

If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.

We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

 

Excessive Usage of Shared System Resources

You may not use any shared system provided by Liaison EMP in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

 

Conduct of Third Parties

You are responsible for violations of this AUP by anyone using your Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.

You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Services applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.

 

Miscellaneous

  • You may only use IP addresses assigned to you by Liaison EMP in connection with your Liaison EMP Services.
  • You agree that if you register a DNS record or zone on Liaison EMP managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Liaison EMP may modify, transfer, or delete such records or zones.
  • You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.

 

Changes to the AUP

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP at http://marketing.liaisonedu.com/aup, or in the event of a material adverse change to the AUP, by providing you thirty (30) days written notice.

The revised AUP will become effective as to you on the first to occur of: (i) your execution of a new or additional agreement with respect to the Services that incorporates the revised AUP by reference, (ii) the first day of a renewal term for an Agreement that begins at least thirty (30) days after the time that the revised AUP has been posted, or (iii) thirty (30) days following our written notice to you of a material change to the AUP.

If your compliance with the revised AUP would adversely affect your use of the Services, you may elect to terminate the Agreement by giving Liaison EMP written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these grounds. If you elect to terminate, you may continue using the Services for up to an additional ninety (90) days and we will not enforce the revision as to you during this time, you will continue to be subject to the prior version. If you choose to terminate your Services under this Subsection, we may decide to waive that change as to you and keep your Agreement in place for the remainder of the term.

 

Consequences of Violation of AUP

Liaison EMP may suspend, amend or terminate the Services without liability if:

  1. Liaison EMP reasonably believes that the Services are being used in violation of the AUP;
  2. You don’t cooperate with our reasonable investigation of any suspected violation of the AUP;
  3. There is an attack on the Services or your Services are accessed or manipulated by a third party without your consent;
  4. Liaison EMP is required by law or by a regulatory or government body to suspend the Services; or
  5. There is another event for which Liaison EMP reasonably believes that the suspension of the Services is necessary to protect the Liaison EMP network or our other customers.

No credit will be available under the AUP for interruptions of service resulting from any AUP violation and any additional fees, both one-time and recurring, incurred by Liaison in the remediation of any AUP violation must be reimbursed.

This AUP has examples of restricted behavior, but does not list all restricted behaviors. Ultimately, Liaison will decide whether your use violates the AUP.

While we’ve done our best to make our AUP complete, readable, and understandable, please feel free to contact our support team at empsupport@liaisonedu.com with any additional questions.

Last revised: 2/10/2020