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.
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.
Users may not:
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.
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:
In addition, Users may not send commercial email to an individual's email address unless:
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.
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.
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.
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.
By opting in to receive alerts from OpenText or an OpenText client, you represent and warrant to OpenText that:
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.
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.