Legal

Airship Acceptable Use Policy

WE HAVE UPDATED THE AIRSHIP ACCEPTABLE USE POLICY TO INCLUDE APPTIMIZE AND REPLYBUY

Airship (“Airship” or “we”) announced on September 24, 2020 that we have acquired ReplyBuy, and announced on August 27, 2019 that we had acquired Apptimize.  In order to enable our customers to subscribe to and use the full range of the services provided by the combined companies, we have updated the Airship Acceptable Use Policy to add the Apptimize Service and the ReplyBuy Service. If You are an existing customer of the Apptimize Service or the ReplyBuy Service, this AUP does not apply to You unless You have agreed to this AUP as part of your contract with Airship.

Airship Acceptable Use Policy

Last Updated: January 28, 2021 — Previous Version

All access to and use of the Airship Service, the Apptimize Service or the ReplyBuy Service, as applicable (together, the “Service”) is subject to this Acceptable Use Policy (“AUP”).  This AUP is incorporated by reference into, and governed by the Terms of Subscription Service or other similar written agreement between you (“Customer”) and Airship Group, Inc. (the “Agreement”). Capitalized terms used herein but not defined have the meanings stated in the Agreement.

Customer agrees not to, and will not allow Account Users to, access and use the Service:

  • to violate, or encourage the violation of, the legal rights of others or Applicable Law, including without limitation, laws, regulations, policies and directives relating to intellectual property, privacy, security, electronic communications, advertising, terrorism, corruption, child protection and import/export laws.
  • to engage in, promote or encourage illegal or fraudulent activity.
  • for any unlawful, invasive, infringing, defamatory or fraudulent purpose.
  • to transmit any material that contains viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
  • in any way that unreasonably interferes with or adversely affects (a) the Service or infrastructure used for the Service, (b) other Airship customers, or (c) third party applications, devices systems or networks that link to or interoperate with the Service.
  • to disable, interfere with or circumvent any aspect of the Service.
  • to access or use the Service for purposes of load-testing, performance measurement or other similar activities.
  • to engage in activities, or upload, process, submit, transmit, display, distribute or store any information, that: (a) may be considered libelous, slanderous, defamatory, threatening, sexually explicit, profane, obscene, pornographic, offensive, abusive, malicious or otherwise harmful to any person or entity, constitutes or promotes “hate speech” or is otherwise discriminatory based on race, sex, creed, religion, nationality, disability, sexual orientation, gender identity, language or age, or (b) is fraudulent, deceptive, inaccurate or misleading.
  • to engage in any unsolicited advertising, marketing or other activities prohibited by Applicable Law covering anti-spam, data protection or privacy legislation in any applicable jurisdiction.
  • to access illegally, or without authorization, computers, accounts or networks belonging to Airship or a third party, or attempt to penetrate security measures (often known as “hacking”), or to engage in any activity that is used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Customer agrees to, and will ensure Account Users will, follow these requirements when sending Notifications using the Service:

For all channels:

  • Use only permission-based lists and send Notifications to end-users only on a lawful basis. 
  • If legally required based on the type of Notification, include “unsubscribe” or “opt-out” mechanisms in each Notification that allows the recipient to opt out from receiving further Notifications.
  • Maintain, publish and comply with a privacy policy that meets all applicable legal requirements, whether or not Customer’s organization controls the sending of the Notifications.
  • If legally required based on the type of Notification, include a link to Customer’s then-current privacy policy either in the Notification or in the applicable Digital Asset.
  • Do not send Notifications that result in an unacceptable number of spam or similar complaints (even if the Notifications themselves are not actually spam).
  • Do not use the Service to generate, send, distribute, publish or facilitate spam, junk-messages or unsolicited messages, promotions or advertisings.

Additional requirements for email:

  • Comply with all requests from recipients to be removed from Customer’s mailing list within a reasonable time following receipt of the request, but no later than any deadline under Applicable Law.
  • Do not send to addresses obtained from purchased or rented marketing lists.
  • Do not use third party message addresses, domain names or mail servers without proper permission.
  • Do not routinely send email Notifications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
  • Do not disguise the origin, or subject matter of, any Notification, or falsify or manipulate the originating message address, subject line, header, or transmission path information for any Notification.
  • Do not send offers for the purpose of obtaining personal information or generating leads for third parties.
  • Do not send “chain letters,” “pyramid schemes,” or other types of messages that encourage the recipient to forward the content to strangers.
  • Do not send to lists of addresses that are programmatically generated or scraped from the Web.
  • Do not employ sending practices, or have overall message delivery rates, which negatively impact the Service or other users of the Service; and

Additional requirements for SMS/MMS:

  • Comply with all applicable laws, regulations, industry codes and standards which govern the use of the SMS Service, and all applicable network carrier requirements and rules (together, the “Messaging Compliance Rules”). It is Customer’s responsibility to comply with all Messaging Compliance Rules.  

Airship does not monitor the communications of its customers to ensure that they comply with this AUP, Messaging Compliance Rules or Applicable Law.  Airship has no responsibility for any information created, uploaded, stored, maintained, transmitted or accessible on or through the Service or infrastructure used for the Service, and is not obligated to monitor or exercise any editorial control over such information.  In the event that Airship becomes aware that any such information or use of the Service may violate this AUP, Messaging Compliance Rules, Applicable Law and/or expose Airship to civil or criminal liability, Airship reserves the right to investigate such information or use, block access to such information, and/or suspend or terminate any Service without liability.  Airship further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP or Applicable Law, including disclosing the identity of any Customer that Airship believes is responsible for such violation. Airship also reserves the right to implement technical mechanisms, including, without limitation, null-routing any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to the Service, to prevent AUP violations.

Airship may modify this AUP prospectively at any time by posting the revised version on the Airship website at:  https://www.airship.com/legal/acceptable-use-policy.  Customer’s continued use of the Service will be considered acceptance of any such modification.  All modifications to this AUP will be effective immediately upon posting, unless otherwise noted by Airship.