Acceptable Use Policy

Last updated: September 26, 2017

This Acceptable Use Policy (“AUP”) is a supplemental to the Terms of Use governing our Offerings. All capitalized terms in this AUP shall have the meanings ascribed to them in the Terms of Use. The guidelines posted here are in addition to the general Terms of Use all users agreed to by using our services, products or websites. All provisions related to Prohibited Content, Prohibited Industries & Services, Prohibited Actions, Spam and Best Practices stipulated herein are in addition to, and not in contravention of, the provisions set forth in the Terms of Use, including, without limitation, the provisions set forth in the “Your Responsibilities” and “Prohibited Activities” sections of the Terms of Use. To the extent that there is any ambiguity or conflict between any provision set forth in this AUP with any section of the Terms of Use, the provisions most favorable to us shall govern.

In the event that you violate the policy outlined here, (and we determine that termination of your account is the safest course of action to protect our users and service), termination will be in accordance with the terms and conditions stipulated in the Terms of Use.

The actions any of our individual members take have the potential of adversely impacting your Real Capture LLC Offering. To ensure reliable, safe, and beneficial services to our user community, we ask that all users of any of our Offerings pay close attention to this AUP when using any Real Capture LLC Offering. We expressly reserve the right to suspend or terminate your account if you violate this policy for any reason, without limitation, through behavior, content, or other factors that pose a threat to our system, user community, business, or any other reason as solely determined by us.

Prohibited Content

To protect our user community and to maintain a professional environment, you agree not to use our products, website or services to send anything offensive, to promote anything illegal, or to harass anyone. This includes (without limitation) not using the system to send emails or any other communications (such as SMS texts, our chat system, or other communications provided by us) that:

  • offer to sell illegal goods or services
  • violate the “Controlling the Assault of Non-Solicited Pornography And Marketing” (CAN-SPAM) or “Telephone Consumer Protection” (TCPA) laws or any similar laws in your jurisdiction if you are using our products or services outside the United States
  • contain pornography or sexually explicit content
  • contain illegal content such as (without limitation):
    • content depicting child pornography or child abuse,
    • content that shows extreme violence (sexual or otherwise)
    • content and/or materials that provoke others to committing crimes, or carrying out illegal acts including (without limitation), violent acts or crimes of any kind
    • content that promotes, sanctions, or glorifies acts of violence, terrorism, abuse, pornography, or any act that we believe is offensive, harmful, or detrimental to others

Prohibited Industries & Services

Depending on your industry, we may not allow you to use any or all of our Offerings. This is directly related to the abuse complaints we may be subjected to which are generally associated with certain high-risk industries. If you provide any of the following services, products, or content, you are not authorized to use any of our Offerings as your use of the may prohibit us from delivering the highest quality services for our community in general:

  • Escort and dating services
  • Pornography and Adult Entertainment services
  • Pharmaceutical product sales (note: the use of our services by individuals or members of the pharmaceutical industry is not prohibited as long as our services are NOT used to sell or promote pharmaceutical products)
  • Work from home, make money online, and lead generation opportunities
  • Gambling services or products
  • Multi-level marketing
  • Affiliate marketing
  • Credit repair and get out of debt opportunities
  • List brokers or list rental services
  • Selling “Likes” or followers for a social media platform
  • Online trading, day trading tips, or stock market related content
  • Daily horoscope reports
  • Loans of any kind, including, without limitation, mortgages, payday, short-term lending, or auto loans
  • Nutritional, herbal, and vitamin supplements sales or materials
  • Services that support programmatically sending mail on behalf of third parties
  • Any other service that we may deep inappropriate upon our own review and investigation which shall be updated at such time as we deem fit

Prohibited Actions

We want to assure you that (while there is no guarantee) we are making every effort to make sure you are not adversely impacted by the unauthorized and unintended use of our Offerings by others, so we are asking that you too comply with actions that are meant to keep our environment and Offerings working in a positive and productive manner by agreeing to the following:

  • No Spam. You agree not to spam others. Spam does not apply only to bulk emails. It can also be emails to a single individual only, as defined and outlined in the CAM-SPAM act.
    • Always get consent. We will provide you with access to opt-in elections made by third parties who decide to use our services with you. However, in the event you contact people outside our services with links to our services, you must be able to provide evidence of an opt-in form or other written proof that you have their consent to send them bulk email or text messages when we request such proof. If you send an email from your organization’s email system with a link to our chat system, you agree that such emails will be in compliance with the CAN-SPAM act. Similarly, you agree that SMS text messages you send, from within our service will be in compliance with the TCPA regulations. You also agree that if you send SMS text messages sent from outside our service with links to our service, will also be in compliance with TCPA regulations.
  • Infringement. You agree not to use anyone’s content or materials without their express consent or in a manner that would violate a third party’s rights.
  • False Information. All information you provide to us (or to a third party using our service with you) will not be deliberately false or misleading – whether this be in forms, questionnaires, surveys, or other data capture or communications mechanisms provided by any of our services.
  • Security. You agree not to share your security or logon credentials, such as user names, passwords, Personal ID Numbers etc. with any third party.
  • Reverse Engineering. This refers to any attempt by you, or any action on your part to enable a third party to decipher, decompile, disassemble, or reverse engineer any of the software on our website, any of our products, or any of our services.
  • No compete. We are aware that our site may be visited by competitors, however, if you are a competitor, or believe you can become a competitor, you agree not to use any of our software, our website, or any of our products or services to create a competing product.
  • Identity Theft. If you use any of our services to collect personal information, you will not use that information to impersonate others, nor will you sell, lease, rent, or loan that information without the express written consent of the party whose information you are disclosing, or in violation of our privacy policy.
  • Prohibited Data Collection. You understand that certain information if not managed properly can cause others significant harm if that information is not properly managed or handled. Therefore, to protect our users and others, you are not allowed to collect or incorporate any of the following information into any lists, emails or uploads to our servers or service: Social Security numbers, passwords, security credentials, medical or health history, libellous information on others, including without limitation, compromising, misleading, or false information, or any other sensitive personal information in any form, including, without limitation, photographs, images, videos, or other multimedia formats.
  • Crimes. You will not use our service to facilitate or commit a crime, such as using our service to collect information illegally from third parties, or that use third party information illegally (e.g. using data collected using our products or services to commit identity theft or to impersonate others)
  • No Bypass. We may use programmatic or other mechanisms to collect information or to charge you for the use of our services. You understand that by deliberately attempting to bypass, circumvent, adulterate, alter, pervert, corrupt, or modify any of our information collection or billing processes to avoid paying for the service or to receive components of the service you are not authorized to receive is strictly prohibited.

Your Messages are Subject to Additional Scrutiny

Some of our services allow our customers to send email and SMS text messages which (per our Terms of Use) must be compliant with CAN-SPAM and TCPA laws. You – not us – assume the full responsibility for complying with these laws for the messages you send – whether these are “chat invites”, “broadcasts”, “questionnaires” or other features provided by our service. This means that you are hereby representing the following (without limitation):

  • All text message and email sent via our service, including, without limitation, chat invites, broadcasts, questionnaires, etc. will only be to parties who have given you express written consent to send them text messages or email (in accordance with TCPA and CAN-SPAM laws as appropriate).
  • You agree and understand that we may monitor your use of features in our service to proactively ensure that they are not being abused or used in contravention of this policy on a case-by-case, ad-hoc, or automated basis.
  • You will be found in violation of this Acceptable Use Policy if hard bounce rates and spam complaint rates are above thresholds we may set and may monitor. Similarly, if we receive complaints that you are sending unsolicited SMS text messages or emails via our service, we may immediately review, suspend, throttle, or disable your account and you will be liable for any legal action taken by the aggrieved party, including indemnifying us against such actions in accordance with the provisions set forth in the Terms of Use.

Spam and Best Practices

Due to the many abuses consumers feel they are subjected to by unsavory internet scammers, we are obligated to be proactive in preventing any actions or abuse that may bring our services, products or company into disrepute. It is in our best interests, and by extension, our users best interests, to establish and maintain a professional reputation for good corporate citizenship, reliability, and trust-worthiness. Accordingly, we may transmit to you articles, directives, guidelines and other materials outlining best practices for use of our service, and we may suspend or terminate your account if you violate them.

By agreeing to and acting in accordance with this policy, you will be making a positive contribution to our user community and creating an environment that can be of mutual benefit to us, you, and the people we aim to serve.