This Catalyst Acceptable Use Policy (“AUP”) applies to the use of any product, service, or website provided by us, Catalyst Software Corporation (“Catalyst”), whether we provide it directly or use another party to provide it to you (the “Service”). Your use of the Service may also be subject to additional terms and conditions, including without limitation any terms of service or customer agreement by and between Catalyst and the applicable accountholder for the Service. We cannot provide the Service unless you agree to this AUP. By using the Service, you are agreeing to these terms.
While Catalyst endeavors to provide this AUP to assist customers and users with compliance with the laws, regulations, and best practices that apply to the Service, you are solely responsible for ensuring that your use of the Service complies with all laws, rules, and regulations that apply to you, including by taking all necessary steps that are not set forth in this AUP. Any information provided here is provided as a limited resource and does not constitute legal advice. If you have further questions about any applicable laws, rules, regulations, or best practices, we encourage you to contact an attorney in your area who is familiar with the applicable law, rule, or regulation.
Scope. If you are using the Service, this AUP applies to you. All terms of this AUP also apply to all Authorized Users, and each customer is responsible for the acts and omissions of their Authorized Users with respect to this AUP as if performed by the customer.
Enforcement. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email spam monitoring. We may immediately suspend or terminate your access to, or use of, Catalyst Services for violations of this AUP or if you don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP.
We are not obligated, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights and remedies.
If you breach this AUP, we may terminate your subscription agreement for cause. You are not allowed to assist or engage others in a way that would violate this AUP.
Updates. We periodically update this AUP, and we will let you know when we do so through the Service, by posting a revised copy on our website, or such other method we determine is reasonable. We may update and change any part of this AUP. You agree to review the AUP on a regular basis and ensure you and your Authorized Users, if applicable, always remain in compliance.
Rules of Conduct.In connection with the Service, you must not:
●Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
●Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
●Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
●Harvest or collect information about users of the Service.
●Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks; or conduct penetration tests without prior written consent of Catalyst.
●Restrict or inhibit any other person from using the Service.
●Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Catalyst’s express prior written consent.
●Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
●Remove any copyright, trademark or other proprietary rights notice from the Service.
●Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Catalyst’s express prior written consent.
●Download or store content from the Service except for Catalyst features expressly identified by Catalyst as being designed for download.
●Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without Catalyst’s express prior written consent.
●Run Maillist, Listserv, any form of auto-responder, or “spam” on the Service (as defined here), or any processes that run or are activated while you are not logged on to the Service, or that otherwise interfere with the proper working of or place an unreasonable load on the Service’s infrastructure, such as servers or networks connected to the Service.
●Violate any applicable law, regulation, or obligations (including, but not limited to, the CAN-SPAM Act, the General Data Protection Regulation (GDPR), and Canada’s Anti-Spam Legislation (CASL), where applicable) and any other applicable laws related to email marketing or the marketing and sale of illegal goods or services) or restrictions imposed byany third party.
●Run any unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; use in your email any incorrect or misleading names, addresses, email addresses, subject lines or other incorrect or misleading information of any kind; import or incorporate into any lists, emails or uploads to our servers any of the following: social security numbers, passwords, security credentials or sensitive personal information of any kind, including health information covered by HIPAA; send email that will be delivered to recipients as text, SMS or MMS messages; send marketing or commercial email without permission; upload or send to purchased lists, rented lists or third-party lists of any kind; harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
●Use the Service in a manner that impersonates any person or entity, including without limitation any employee or representative of Catalyst.
Additional information about emails
●Spam can be in the form of bulk or one-to-one commercial emails (whether marketing emails or transactional emails).
●When using the Service, you shall not, and shall ensure that your Authorized Users shall not, send any spam or other emails where the recipient has not granted any necessary verifiable permission for the message to be sent or where any required notice or disclosures have not been sufficiently provided to the recipient (such as under the GDPR).
●You must not use any of the Service to send marketing emails of any kind.
●You must not use false or misleading header information in your emails. You must ensure that your “From,” “To,” “Reply-To,” and routing information accurately identify you as the party who initiated the message and provide your correct originating domain name and email address.
●You can find additional information and best practices in the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available here.
Catalyst Name Use
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Catalyst Service, or any identifier or tag generated by the Catalyst Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent, or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
The Parties are independent contractors and this Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between them. The Parties are not obligated to enter into any commercial or other agreement subsequent to this Agreement. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable to any extent, the remainder of this Agreement will be unaffected. This Agreement sets forth the entire agreement of the Parties relating to its subject matter and supersedes all prior or contemporaneous agreements and understandings between the Parties relating to its subject matter, and may be executed in one or more counterparts, including by electronic means, all of which together will comprise a single agreement.
Each party has read, understands, and agrees to the terms and conditions of this Agreement.