All Things Legal

This TorkHub Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (TorkHub), whether we provide it directly or use another party to provide it to you (each, a "TorkHub Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the TorkHub Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the TorkHub Service unless you agree to them. By using the TorkHub Service, you are agreeing to these terms. 

1. Reporting Suspected Violations
2. Prohibited Email Actions
3. Email Opt-Out Requirements
4. No Disruption
5. Proper Usage of the TorkHub Service
6. TorkHub Trademark Use
7. General Terms

If you are using any TorkHub Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring.  We may also suspend or terminate your use of TorkHub Services pursuant to our Customer Terms of Service for violations of this AUP. 

We periodically update these terms and we will let you know when we do through the Notification app in the TorkHub portal used to access your TorkHub subscription (if you have one), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

We encourage recipients of email messages sent using the TorkHub Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to abuse@TorkHub.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate. 

If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.

2. Prohibited Email Actions

1. You may not use TorkHub to send spam. Spam can be in the form of bulk email or one to one commercial emails.

Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.

One-to-one commercial emails are spam when they violate CAN-SPAM. One-to-one commercial emails are also considered Spam if the data processed for purposes of sending that email is in scope of the General Data Protection Regulation (‘GDPR’) and you fail to provide notice to individuals and establish a lawful basis of processing.

You may not use the TorkHub Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) spam in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry.

b. You may not use any misleading or false names, addresses, email address, or subject line. 

Email sent, or caused to be sent to or through the TorkHub Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party's internet domain name without their consent, or be relayed from or through a third party's equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

If you use email, we recommend that you adopt 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. You will use commercially reasonable efforts to follow these practices.

c. You may not email purchased lists. 

You are prohibited from using the TorkHub Service to email: (a) purchased, rented, or borrowed lists, and (b) lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.

You warrant that each email you send or is sent for you using the TorkHub Service will contain: (a) header information that is not false or misleading; and (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information). These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, "do not call" and "do not send" requests.

You agree not to:

(a) use the TorkHub Service in a way that impacts the normal operation, privacy, integrity or security of another's property.  Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;

(b) use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;

(c)  use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Subscription Service;

(d) attempt to gain unauthorized access to the Subscription Service; 

(e) access the Subscription Service other than through our interface; 

(f) use the TorkHub Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so; or

(g) use the TorkHub Service in a way that causes or may cause any TorkHub IP addresses, TorkHub domains, or TorkHub customer domains to be blacklisted. 

Examples of prohibited actions include (without limitation) include hacking, spoofing, denial of service, mailbombing, and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware, or other such file or program.  

These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.