Acceptable Use Policy

1. Overview

This Acceptable Use Policy ("Policy") applies to all users of the Exclusive platform (the "Service"). By accessing or using the Service, you agree to comply with this Policy and all applicable laws and regulations. Violation of this Policy may result in immediate suspension or termination of your account.

2. Prohibited Activities

You agree NOT to use the Service for any of the following purposes:

  • Spam: Sending unsolicited bulk email, spam, or mass marketing communications that violate applicable anti-spam laws (CAN-SPAM, GDPR, CASL, etc.)
  • Fraudulent Activity: Impersonation, identity theft, or misrepresenting your identity or business
  • Illegal Content: Distributing content that is illegal, harmful, threatening, abusive, defamatory, or violates any applicable laws
  • Malware & Security Threats: Sending malicious code, viruses, worms, malware, or any code intended to damage or disrupt systems
  • Phishing & Social Engineering: Creating fake emails or landing pages designed to deceive recipients or steal personal information
  • Intellectual Property Violations: Using the Service to infringe upon copyrights, trademarks, patents, or other intellectual property rights
  • Harassment & Abuse: Sending threatening, harassing, or abusive messages to recipients
  • Unauthorized Access: Attempting to gain unauthorized access to the Service or other systems or networks
  • System Abuse: Overloading servers, attempting to disrupt service availability, or conducting denial-of-service (DDoS) attacks
  • Adult Content: Distributing pornographic, sexually explicit, or adult-oriented content

3. Compliance with Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to:

  • CAN-SPAM Act (United States)
  • GDPR (European Union)
  • CASL (Canada)
  • PECR (United Kingdom)
  • SPAM Act (Australia)
  • All local, state, and international email marketing laws

4. Email List Requirements

  • All recipients must have explicitly opted-in to receive communications from you
  • You must maintain accurate records of consent for all email addresses on your lists
  • You must honor unsubscribe requests immediately (within 10 business days maximum)
  • Lists must not contain purchased, scraped, harvested, or third-party data obtained without explicit consent
  • You must regularly remove inactive or bounced email addresses
  • You must include a clear, functional unsubscribe link in every email
  • You must include your physical mailing address in all marketing communications

5. Content Requirements

  • Subject lines must not be deceptive or misleading
  • Email headers must contain accurate "From" and "Reply-To" information
  • You may not disguise the commercial nature of your emails
  • All claims in emails must be truthful and substantiated
  • Content must comply with the FTC Guidelines and all advertising standards

6. Affiliate Records & Autoresponder Lists

For users leveraging affiliate records and autoresponder functionality:

  • All subscriber data must be collected and maintained in compliance with applicable privacy laws
  • You must have explicit permission from each subscriber to add them to your lists
  • Autoresponder sequences must not be used to spam or harass recipients
  • You may not use the Service to send deceptive or misleading automated messages
  • All affiliate links and promotions must be clearly disclosed
  • You are responsible for verifying that affiliate programs you promote comply with all applicable laws

7. Monitoring & Enforcement

Exclusive reserves the right to:

  • Monitor your account activity for compliance with this Policy
  • Investigate complaints related to your use of the Service
  • Temporarily suspend your account pending investigation of suspected violations
  • Terminate your account without refund for serious or repeated violations
  • Report illegal activity to law enforcement authorities
  • Cooperate with third-party investigations and legal proceedings

8. Account Suspension & Termination

Your account may be suspended or terminated immediately if we determine that:

  • You are violating this Policy
  • Your email campaigns are generating excessive complaints or unsubscribes
  • Your IP address or domain is associated with spam
  • You are sending to spam traps or honeypot addresses
  • You are violating applicable laws or regulations
  • You pose a threat to the integrity or security of the Service

Terminated accounts may not be reinstated, and repeated violations may result in permanent bans.

9. Disclaimer

Exclusive is not responsible for the content you send or the consequences of your actions. You agree to indemnify and hold Exclusive harmless from any claims, damages, or liability arising from your use of the Service or violation of this Policy.

10. Changes to This Policy

Exclusive reserves the right to modify this Policy at any time. Changes will be effective immediately upon posting. Your continued use of the Service constitutes acceptance of the updated Policy.

11. Contact & Reporting

If you believe a user is violating this Policy, or if you have questions about acceptable use, please contact us at support@exclusive.com.