Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes activities that are not allowed in connection with your use of Email on Acid’s Services. This AUP is incorporated by reference in your Terms of Service or other agreement (“Agreement”) with Email on Acid. Capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement.

Inquiries regarding this AUP should be directed to abuse@mailgun.com

Abuse

You may not use Email on Acid’s Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

• Any activity or conduct that is likely to be or is in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
• Use of an internet account or computer without the owner’s authorization;
• 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);
• 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 Email on Acid network or website, or Email on Acid’s employees, officers, directors 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;
• Interference with the Services, or the service to any user of the Email on Acid or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or
• Any activity or conduct on that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Email on Acid.
• Interference with the Services. Interfering with or otherwise adversely impacting any aspect of the Services, our overall business and operations, or any third-party or our network or platform that are linked to the Services.
• Any activity or conduct that is not likely to be consistent or in conflict with our Services, products, network, platform or the design, documentation, features and intent.
• Any activity which might reasonably be considered: (i) to be illegal, immoral, unethical, deceptive, scandalous, fraudulent, offensive and/or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Email on Acid or any of our Services, networks, platforms, group companies or customers.
• Interference with or otherwise adversely impacting any aspect of the Services, our overall business and operations, or any third-party or our network or platform that are linked to the Services.

Offensive Content

You may not publish, transmit or store on or via the Services any content or links to any content that Email on Acid 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.

No High Risk Use

You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of an Email on Acid system, network or services, or to breach the Email on Acid security or authentication measures, whether by passive or intrusive techniques.

Export Control

The Services may not be used in violation of export laws, controls, regulations or sanction policies of the United States or your applicable jurisdiction. The Services may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; human or narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

Intellectual Property and Other Proprietary Rights

You may not use the 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 or display any content that features a model or person in a manner that: (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavor; or (ii) depicts such person in a potentially sensitive subject matter, including, but not limited to, mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the content;
• 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 Email on Acid’s policy to terminate the Services of customers who are repeat infringers in appropriate circumstances.

Cooperation with Investigations and Legal Proceedings

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

Email on Acid may, without notice to you, report to the appropriate authorities any conduct by you that Email on Acid believes violates applicable law, and provide any information Email on Acid has 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 Use of Shared System Resources

You may not use any shared system provided by Email on Acid 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. For example, Email on Acid may require you to repair coding abnormalities in your application if it unnecessarily conflicts with other Email on Acid customers’ use of the Services. You agree that Email on Acid 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.

You may not sign up or use more than one of our free accounts for each of our respective email platforms regardless of your corporate structure, or actual or intended use case without our prior written consent (for example, you may not set up a free account for each of your customers and may only set up one account for your company).

Third Party Conduct

You are responsible for violations of this AUP by anyone using the 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 this 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. Email on Acid’s right to suspend or terminate the Services applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.

Other

You may not register to use the Services under a false name or use an invalid or unauthorized credit card in connection with the Services.

Changes to this AUP

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

This 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 this 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 this AUP has been posted; or (iii) thirty (30) days following Email on Acid’s written notice to you of a material change to this AUP.

If your compliance with this AUP would materially and adversely affect your use of the Services, you may elect to terminate the Agreement by giving Email on Acid written notice of your objection no later than thirty (30) days following the date that this AUP would otherwise have become effective as to you. Email on Acid will not charge you an early termination fee for a termination on these grounds provided Email on Acid is notified of such termination within thirty (30) days after this AUP would otherwise have become effective as to you. If you elect to terminate, you may continue using the Services for up to an additional ninety (90) days and Email on Acid will not enforce this AUP as to you during this time. If you choose to terminate your Services under this subsection, Email on Acid may decide to waive that change as to you and keep the Agreement in place for the remainder of the term.

Consequences of Violation of AUP

If you breach this AUP (in whole or in part), Email on Acid may limit, suspend or terminate your Services in accordance with the Agreement, including the Terms of Service. Email on Acid may intercept or block any content or traffic belonging to you or to users where the Services are being used unlawfully or not in accordance with this AUP. No credit will be available under the Agreement for interruptions of service resulting from any AUP violation. The determination of whether and to what extent a customer’s act or omission and is in violation of this AUP will be made at our sole discretion.

Last revised February 2023. To see the previous terms, please click here.