Scope

This Acceptable Use Policy (“Policy”) applies to your organization’s use of the Action Network Mobilization Toolset, including the Email Tool and the Mobile Messaging Tool, operated by Action Squared, Inc. (“Action Square”).

Changes to Policy

Action Squared may change this Policy by posting an updated version of the Policy at https://actionnetwork.org and such updates will be effective upon posting.

Violations

Any violations of this Policy by You, or by Users, will be considered a material breach of the master agreement and/or other agreement governing the customer’s use of the Services.

Prohibited Material

You may not, and may not allow any third-party, including its users, to use the Services to display, store, process or transmit, or permit use of the Services to display, process, or transmit:

• Material that infringes or misappropriates a third party’s intellectual property or proprietary rights;
• Hate-related or violent material, and/or material advocating discrimination against individuals or groups;
• Obscene, excessively profane material or otherwise objectionable material;
• Material advocating or advancing criminal hacking, cracking, or phishing;
• Malicious material, including material that supports or facilitates unlawful, hateful, discriminatory, or violent causes;
• Unlawful software;
• Malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents, or programs; or
• Material that violates, encourages, or furthers conduct that would violate any applicable local, national, or international laws or regulations, including any criminal laws, or any third-party rights, including publicity or privacy rights.

Prohibited Actions

You may not use the Services to, nor allow your users or any third-party to use the Services to:

• Generate or facilitate unsolicited commercial email (spam). Such prohibited activity includes but is not limited to:
  • Sending communications or email in violation of the CAN-SPAM Act, the GDPR, national implementations of the e-Privacy Directive (including the UK Data Protection Act, Privacy and Electronic Communications Regulations) or any other applicable anti-spam or privacy law or regulation;
  • Imitating or impersonating Action Squared, another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
  • Data mining or harvesting any web property to find email addresses or other Account information;
  • Sending unauthorized mail via open, third-party servers;
  • Sending email to users who have requested to be removed from a mailing list;
  • Selling to, exchanging with, sharing with, or distributing to a third-party personal information, including the email addresses of any person, without such person’s knowing and continued consent to such disclosure; or
  • Sending unsolicited emails to email addresses belonging to individuals and/or entities with whom you have no preexisting relationship or otherwise contrary to anti-spam or privacy laws (and/or, where prohibited by law, utilizing ‘refer a friend’ or other viral transmission mechanisms);
• Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of the Telephone Consumer Protection Act (“TCPA”), the Do-Not-Call Implementation Act, the GDPR, national implementations of the e-Privacy Directive (including the UK Data Protection Act, Privacy and Electronic Communications Regulations) or any other applicable laws including anti-spam, telemarketing, or telephone consumer protection laws or regulations;
• Utilize the Services for any premium SMS, MMS, or other text messages (including receiving donations via phone payment) unless in accordance with the Code of Conduct of the UK Phone-paid Services Authority;
• Violate or facilitate violation of applicable data protection, privacy or electronic communications laws;
• Violate the Mobile Messaging Consent policy described in the Section below titled: “Mobile Messaging Consent Policy”;
• Conduct or forward multi-level marketing, such as pyramid schemes and the like;
• Violate any applicable industry standards, third-party policies, or requirements that Action Squares may communicate to its users, including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, the Self-Regulatory Principles as directed by the Digital Advertising Alliance an the Network Advertising Initiative, the UK Information Commissioner’s Office, the UK Office of Communications or any other generally accepted industry associations, carrier guidelines or other industry standards;
• Transmit any content or otherwise use the Services in a manner that is inconsistent with the Statement of Purpose contained in the Master Terms;
• Use the Services in any manner that would disparage Action Squared or its affiliates;
• Send, upload, distribute or disseminate, or offer to do the same with respect to, unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support or facilitate unlawful, hateful, discriminatory, or violent causes;
• Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
• transmit materials that may be harmful to minors;
• Promote, facilitate, or encourage illegal activity;
• Violate the rights (such as rights or privacy or publicity) of others;
• Interfere with others users’ enjoyment of the Services;
• Impersonate another person, entity, or Action Squared (via the use of an email address or otherwise) or otherwise misrepresent themselves or the source of any email;
• Engage in activity in connection with illegal peer-to-peer file sharing;
• Engage in or promote gambling, or run a gambling operation;
• Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
• Use the Services is any way that is designed or used to commit or facilitate any “phishing” attack;
• Introduce any keystrokes logging or any other monitoring code into the Services;
• Operate any “open proxy” or any other form or Internet proxy service that is capable of forwarding requests to any end user or third-party supplied Internet host;
• Attempt to probe, scan, or test the vulnerability of a Services-related system or to breach any security or authentication measured used by a Services-related system or network, or to perform any security integrity review, penetration test, load test, denial of service simulation or vulnerability scan on any Services-related system or network;
• Take any action that imposes any unreasonably or disproportionately large load on our infrastructure, or otherwise interfere with or disrupt the Services;
• Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or reformat or frame any portion of the web pages that are part of the Services’ administration display;
• Access a third-party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to identity itself via a unique User Agent string describing the purpose of the web client and obey the robots exclusion standard (also known as the robots.txt standard), including the crawl-delay directive;
• Jeopardize the security of your Services account or anyone else’s (such as allowing someone else to log on as you on the Services);
• Interfere with security-related features of the Service, including by removing, disabling, circumventing, or otherwise creating or implementing any workaround to any copy protection, rights management or security features in or protecting the Service or the content;
• Modify, translate, adapt, or otherwise create derivative works or improvements, of the Services or any content or source code;
• Use or develop any third-party applications that interact with the Services or others’ content or information not in accordance with our Master Terms or Service without our prior written consent; or
• Decompile, reverse engineer, or otherwise attempt to derive or gain access to the source code or underlying ideas or information or or relating to the Services not in accordance with our Master Terms without our prior written consent.

Mobile Messaging Consent Policy

You are responsible for ensuring that all phone numbers and other personal information provided to Action Squared have been collected in accordance with the TCPA, and if applicable, the GDPR, national implementations of the e-Privacy Directive (including the UK Data Protection Act, Privacy and Electronics Communications Regulations), including ensuring that You have appropriate consent for the communications that You will make using the Mobile Messaging tool.

You shall comply with all statutory and regulatory obligations and relevant codes of practice relating to use of the Mobile Messaging Tool, including but not limited to the following:

• All communications sent by You through the Mobile Messaging Tool (each, a “Message”) shall be send only to recipients (each, a “Message Recipient”) who have given you their consent to receive such Messages or where you have another valid legal basis under applicable law to send the Message;
• You shall use Action Squared’s unsubscribe/suppression system to comply with an opt-out request from Message Recipients who do not with to receive Messages from or on behalf of You and agree to honor such requests.

In the event that any short code, IP address, range of IP addresses or domain associated with the Mobile Messaging tool, or the operation of the Mobile Messaging Tool, is blacklisted or a complaint is received by either You or Action Squared, in respect of use of the Mobile Messaging Tool, You shall provide Action Squared with all information it reasonably requires in respect of the collection of the Message Recipient’s email address, telephone number, and/or other data (including, for each recipient concerned, the date and time and source of collection of the Message Recipient’s email address and proof of what permissions were obtained from the Message Recipient as regards receipt of Messages from or on behalf of You) within twenty-four (24) hours of notification of such blacklisting or complaint. Action Squared reserves the right to suspend access to the Mobile Messaging Tool until You have provided such information.