EasyLink's Acceptable Use Policy
1. Scope. This Acceptable Use Policy (this "Policy") governs the usage of OpenText Corporation’s and its wholly owned subsidiaries, including but not limited to, EasyLink Services International Corporation (the "Company") products and services made available via an Internet, telephony or other electronic connection (the "Services"). This Policy is incorporated by reference into each contract which the Company enters into with a customer (each, a "Customer") for the use of the Services. The Company may modify this Policy at any time without notice by posting on its web site located at www.opentext.com ("Company Web Site") or otherwise making the updated Policy available via the Services. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to Company's Web site so that any person who utilizes Company's Web Site or utilizes the Services must comply with this Policy. Each Customer and User (as defined in paragraph 2 below) is encouraged to review this Policy often for changes or new information.
2. Purpose. The purpose of this Policy is to enhance the quality of the Services and to protect Company's Customers and Users of the Services and the Company Web Site from use of the Services or Company systems in connection with illegal, irresponsible, unethical or disruptive activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who uses Services or who otherwise accesses the Company Web Site (each such person being a "User"). Each User should use common sense and good judgment in connection with use of the Services and the Company Web Site. Each Customer is responsible for compliance by its Users with this Policy and will be responsible for the action of any party that acts on behalf of, or for the benefit of, a User or third party that accesses the Services or the Company Web Site through a Customer computer or using Customer login and password information, whether authorized or unauthorized.
3. Prohibited Uses. Users may not:
a. Use the Services or the Company Web Site to transmit or upload any material that contains software or other material protected intellectual property rights (including but not limited to copyright, trademark and patent rights), rights of privacy or publicity, or any other applicable law unless the User owns or controls the rights thereto or has received all necessary consents;
b. Use the Services or the Company Web Site to promote illegal activities or for illegal purposes, or otherwise using the Services or the Company Web Site to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation, including, without limitation, laws regarding the transmission of technical data or software exported from the United States;
c. Use the Services or the Company Web Site in furtherance of or in connection with any activity that violates applicable laws and regulations (i) relating to export restrictions, administered by the U.S. Department of Commerce Bureau of Industry and Security, (ii) relating to arms and defense weapons, administered by the U.S. Department of State's Directorate of Defense Trade Controls, or (iii) relating to economic and trade sanctions imposed by the U.S. Department of Treasury Office of Foreign Asset Control.
d. Interfere with or disrupt the Services or the Company Web Site, networks or servers connected to or hosting the Services or the Company Web Site, violate the regulations, policies or procedures of such networks or servers, or otherwise interfere with another User's use and enjoyment of the Service or the Company Web Site or another individual's or entity's use and enjoyment of similar services, including, without limitation "denial of service" attacks against another network host or individual user;
e. Attempt to gain unauthorized access to the Services or the Company Web Site, other accounts, computer systems or networks connected to or hosting the Services or the Company Web Site, through password mining, "phishing", "hacking" or any other means;
f. Resell the Services unless under an authorized OpenText Reseller Agreement;
g. Use the Services or the Company Web Site to transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
h. Use the Service or the Company Web Site to harvest or otherwise collect personal information about others, including without limitation email addresses and email interception, without their consent;
i. Create or attempting to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or forge message headers or manipulate identifiers to disguise the origin of transmission;
j. Use, download or otherwise copy, or provide (whether or not for a fee), by any means of delivery, to a person or entity that is not a Service User any directory of the Service Users or other user or usage information or any portion thereof other than in the context of User's use of the Service as permitted under the applicable Customer contract;
k. Use the Services or the Company Web Site in connection with surveys, contests, pyramid schemes;
l. Use the Services or the Company Web Site to defame (including without limitation, libel or slander), abuse, harass, stalk, embarrass, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others;
m. Use the Services or the Company Web Site to publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, adult oriented, pornographic, sexually explicit, tortuous, indecent, unlawful, immoral or otherwise objectionable material or information;
n. Use the Service or the Company Web Site to harm or attempt to harm minors in any way;
o. Use the Services for telemarketing (and for this purpose, "telemarketing" has the meaning ascribed to it by the Federal Communications Commission and the Federal Trade Commission);
p. Engage in improper use or distribution of email, including, without limitation, sending unsolicited mass or commercial email for any purpose whatsoever, having third parties send out commercial emails on any User's behalf, or using the Services, the Company Web Site or the Company's network facilities and systems to receive replies from unsolicited emails; or
q. Engage in improper facsimile transmissions in violation of the Junk Fax Prevention Act of 2005 or any other law, regulation or legal requirement regulating the use of facsimile transmissions, including without limitation, sending unsolicited mass or commercial facsimile transmissions for any purpose whatsoever, having third parties send out unsolicited mass or commercial facsimile transmissions on any User's behalf, or using the Services, the Company Web Site or the Company's network facilities and systems to receive replies from unsolicited mass or commercial facsimile transmissions.
4. Spam Policy.
Definition of Spam - An electronic message has been characterized as "spam" if (a) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; and (b) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent. These messages are also commonly referred to as junk, bulk, or unsolicited commercial email. Spam is regulated by federal and state laws in the United States and may also be regulated in foreign jurisdictions. Users of our services must comply with this Spam Policy.
Our Policy Toward Spam - The Company prohibits the use of our systems and services for spamming that violates applicable laws, regulations, or this Policy. Although we do not generally monitor Customers' or Users' transmissions, we may, at our discretion, refuse to process any request which (i) comes to our attention and meets commonly accepted definitions of spam, (ii) interferes with the normal operations of our services, or (iii) contravenes this Policy. We also may refuse to process any request pursuant to the request or direction of a judicial, administrative, or law enforcement agency. We also reserve the right to terminate delivery of email communications or take other appropriate actions against Users who violate our policies.
All email originating from the Company's system either is clearly identified as being transmitted from our domain, or identifies the underlying sender of the message, and no attempt is made by us, nor should be made by any User, to obscure or disguise header information. We do not allow outside hosts to relay mail. In addition, Users sending commercial email via our services must input their name and contact information.
Users must comply with the federal CAN-SPAM Act of 2003 ("Controlling the Assault of Non-Solicited Pornography and Marketing Act") and applicable state and foreign laws and regulations. Users must:
- Include accurate header information
- Not use deceptive subject lines or headers
- Give email recipients an opt-out method to unsubscribe: this includes a return email address that allows a recipient to request that no further email messages be sent from the sender. These opt-out requests must be honored within 10 business days. The opt-out mechanism must process opt-out requests for at least 30 days after the commercial e-mail is sent.
- Identify commercial email as an advertisement
- Include a valid physical postal address
- Not "harvest" email addresses from web sites or web services that have published a notice prohibiting the transfer of email addresses for the purpose of sending email
- Not generate email addresses using a "dictionary attack" - combining names, letters or numbers into multiple permutations
- Not use scripts or other automated ways to register for multiple email or user accounts to send commercial email, and
- Not relay emails through a computer or network without permission
In addition, Users may not send commercial email to an individual's email address unless:
- There is an existing business relationship, or
- Prior informed consent of the individual has been obtained (via an "opt-in", "confirmed opt-in," or "double opt-in").
We will enforce this policy, including through termination of a Customer's services, with or without advance notice, and may take such other actions as we deem necessary in our discretion.
Opt-Out Requests - Our policy requires that our Customers must have an active opt-out option, and must respect opt-out requests in accordance with applicable laws, regulations, and this Policy.
Other - We do not permit or authorize any attempt to use our services in a manner that could damage, disable, overburden, or impair any aspect of any of our Services, or that could interfere with any other party's user and enjoyment of our Services.
Failure to enforce this Policy in one instance, or in many instances, does not amount to a waiver of our rights.
Unauthorized use of our services in connection with the transmission of unsolicited or other unlawful emails, including the transmission of email in violation of this Policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
5. Export Control.
Unless authorized by U.S. regulation or an export license, Customer will not export or re-export any software or technology received from Company to (a) any country (or nationals thereof) in Country Group E of the Export Administration Regulations of the Department of Commerce (see https://www.BIS.doc.gov) or any other country subject to sanctions administered by the Office of Foreign Asset Control (see https://www.treas.gov/ofac/); or (b) any non-civil (i.e. military) end-users or for any non-civil end-uses in any country (or nationals thereof) in Country Group D:1 of the Export Administration Regulations, as the same may be revised from time to time.
6. Text Messages/Robotexts/SMS Notifications.
Open Text and Customer Responsibilities:
a. In accordance with the Telephone Consumer Protection Act (TCPA), SMS notifications/text messages are subject to the same consumer protections under TCPA as voice calls. Therefore, Users are required to comply with the TCPA when sending text messages, including but not limited to the following:
- Obtaining prior written consent before making any text-message contact with a recipient;
- Clearly disclosing the recipient agrees to be contacted in the future by User via text message. After a recipient opts-in, User shall respond with a confirmation message and such response shall comply with applicable laws;
- Maintaining recipients’ consents for at least four (4) years from that date in which it was given;
- Only sending text messages to legally acquired, opted-in numbers;
- Only sending text messages between 8 a.m. and 9 p.m. in the time zone the recipient is in, unless they have specifically opted to receive messages beyond these hours;
- Retaining records of communications made via text messages; and
- Customers who process their own opt-outs will allow recipients to opt-out of text messages at any time, in response the message “STOP” or any other locally accepted keyword. After recipients opt-out, Users shall maintain a record of opt-outs to prevent such recipients from receiving any additional text message. As a best practice, Users shall confirm the opt-out with one final message to the recipient who opted-out.
b. Please note that OpenText maintains several short codes and the policies above apply to all of these:
c. OpenText will send alerts at a frequency that is no greater than current industry best practices and advises its customers to do the same.
d. To request more information, you can contact OpenText customer support at: MyPortalSupport@opentext.com or 1-866-323-9707 (in North America)
f. Participating Carriers
AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS (under supported carriers), Cellcom, Carolina West Wireless, Cellsouth, Interop, ClearSky, nTelos and Virgin Mobile.
g. T-Mobile® Liability
T-Mobile®does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
Recipient acknowledgment and responsibility
By opting in to receive alerts from OpenText or an OpenText client, you represent and warrant to OpenText that:
- You consent to receive mobile text SMS message alerts from OpenText or an OpenText customer from time to time;
You are the owner or authorized user of the mobile device that you use to opt-in for alerts from OpenText or an OpenText customer, and you are authorized to approve any applicable charges.
a. Disclaimer. Company expressly disclaims any obligation to monitor its Customers and Users with respect to violations of this Policy or to advise Customers and Users regarding compliance with applicable laws (and this Policy is not intended to be, nor shall be deemed to constitute, such advice). The Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site or any content posted or transmitted through use of the Services. Customer and each of its Users must report any violations of this Policy to the Company at the following address: OpenText Corporation, 11720 AmberPark Drive, Suite 200, Alpharetta, GA 30009, Attn: Legal Department.
b. Reporting Copyright Violations. The Company respects the intellectual property of others and requires its Customers and Users to do the same. If you believe any work has been copied in a way that constitutes copyright infringement, report such violation to the Company at the following address: OpenText Corporation, 11720 AmberPark Drive, Suite 200, Alpharetta, GA 30009, Attn: Legal Department.
All such notices should include the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work claimed to be infringed;
- A description of where the alleged infringing material is located on the Web Site or was disseminated through the Services;
- Your name, address, telephone number, and email address; and
- A statement by you that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
c. Company reserves the right to suspend or terminate any Customer or User pursuant to any notice the Company deems valid or as otherwise required by law. Furthermore, Company, in its sole discretion may suspend or terminate, without notice, any User that Company determines is a repeat copyright infringer.
d. Remedies. If the Company learns of a violation of this Policy, the Company will respond to the applicable Customer or User and may, in the Company's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation: (i) Warn the Customer or User; (ii) Suspend the offending Customer or User from the Services or the Company Web Site; (iii) Terminate the offending Customer from the Services; (iv) Impose fees or charges on the offending Customer's account in accordance with the applicable service contract; (v) Remove the offending content or Service; and (vi) Take other action in accordance with this Policy, the applicable contract or applicable law.
8. Reservation of Rights.
The Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Company's Services, the Company Web Site, Customers and Users. The Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. The Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy. Each Customer agrees that Company is authorized to monitor its communications through Company's network for such purposes.