Acceptable Use Policy (AUP)
All products and services provided by Cockpit Metrics may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or local laws is strictly prohibited. Customer agrees to indemnify and hold harmless Cockpit Metrics from any claims resulting from Customer’s use of the service which damages Customer or any other parties, including attorney’s fees.
Cockpit Metrics will not be liable for any interruptions in service or other monetary loss related to enforcement of the Cockpit Metrics Terms of Service (TOS), including this Acceptable Use Policy.
- Services Provided.
Cockpit Metrics provides Customer with a Web-based business marketing dashboard. All services provided must be used by Customer in compliance with the Cockpit Metrics Terms of Service.
- Customer Obligations.
Customer agrees to use Cockpit Metrics’ services in a manner that is legal, appropriate and in conformity with industry standards and to respect the privacy of consumers. More specifically, Customer agrees to abide by Cockpit Metrics requirements governing the use of the various components of the services, as described below:
Cockpit Metrics strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called “Spam”).
- Cockpit Metrics maintains a Zero-Tolerance policy against Spam, whether direct, indirect or through any agent acting on the Customer’s behalf.
- As determined by Cockpit Metrics’ sole discretion, Customer shall have proof that all individuals in the Customer’s database have opted in or otherwise agreed to receive communications from Customer.
- All lists used in conjunction with the services provided by Cockpit Metrics are required to be 100% solicited (opt-in) lists. This means that the individuals on the list have explicitly agreed to receive information from your business entity. The practice of bartering, purchasing or renting lists of names and sending e-mails to those people is strictly prohibited.
- Furthermore, in accordance with CAN-SPAM legislation, all e-mail messages sent using Cockpit Metrics’ services must use the Cockpit Metrics-provided opt-out link, must include a valid physical address of the sender and must contain a clear subject line that does not mislead the recipient as to the contents of the e-mail. Customers are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
- The opt-out link may not be excessively “padded” with line-breaks or similar means to deceive recipients.
- The complaint rate (“feedback rate”) may not exceed the accepted industry standard at the time of transmission. Failure to comply will result in penalties and restrictions as defined under Violations and Penalties, below.
- As of this writing, the industry standard for complaint rates is less than .1% (1/1000) on a per Email/Internet Service Provider basis. It is Customer’s sole responsibility to maintain under the then-current industry standard.
- Unsubscribe requests must be processed immediately.
- Violations and Penalties.
Customers who fail to comply with the terms of the Cockpit Metrics Terms of Service will be subject to the following penalties, including, but not limited to, immediate termination of service.
A $199 investigation fee may be assessed to Customer’s account for each complaint of unauthorized communication that Cockpit Metrics receives involving a Customer’s account. This non-refundable fee goes toward confirming complaints either digitally or verbally between sources of complaints.
- “Complaints” may include, but is not limited to individual reports e-mailed to abuse@CockpitMetrics.com, third-party ISP complaint notifications, notification from anti-spam organizations such as “SpamCop” and internal heuristic research performed.
- Notice and Communication of Complaints.
Upon receiving a complaint, Cockpit Metrics will notify Customer of said complaint and investigate the validity of the complaint. If Customer does not take immediate remedial action to rectify the situation, Cockpit Metrics reserves the right to suspend Customer’s service until Customer has resolved the situation to Cockpit Metrics satisfaction, at Cockpit Metrics sole discretion.
- “Customer Notification” — Cockpit Metrics will make a reasonable effort to contact Customer in the form of e-mail, telephone and login notification within the Cockpit Metrics Application; sourced from information currently on file.
- Confirmed Violations, Unsolicited E-Mail.
- In the event of multiple complaints, Cockpit Metrics services may be suspended in order to maintain integrity of services provided.
- Excessive, Widespread and/or Repeated Violations.
In accordance with Cockpit Metrics Zero-Tolerance No-Spam Policy, Cockpit Metrics will immediately terminate the account of any Customer found to be involved in a non-compliant marketing campaign or other widespread or repeated violation of the Cockpit Metrics Terms of Service.
- All data contained in Customer’s account will be permanently removed.
- Customer will be held accountable for any monetary damages suffered by Cockpit Metrics, due to Customer’s actions or inactions. Such monetary damages may include, but are not limited to, loss of Web services, regulatory penalties (e.g., FTC) and punitive damages related to lost clients and revenues due to said violation.
- The determination of what constitutes an “excessive, widespread and/or repeated violation” of this policy will be determined by Cockpit Metrics.
- Reservation of Rights.
Cockpit Metrics reserves the right to terminate Customer’s account for any violation of the Cockpit Metrics Terms of Service.
Cockpit Metrics reserves the following rights:
- Questionable Practices (“Inappropriate Use”)
Cockpit Metrics may terminate Customer’s account if Customer engages in any practice that is, in Cockpit Metrics sole discretion, objectionable, unlawful, obscene, pornographic, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. This includes, but is not limited to:
- content that in any way exploits minors under 18 years of age
- viruses, worms, phishing, malware, or any other potentially harmful software
- marketing to any lists of associations, memberships, voters or realtors, or any other lists whose recipients did not express explicit consent to receive such marketing material
- products, services, or content that are often associated with abusive business practices or spam, such as:
- pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult “swinger” promotions
- illegal drugs, software, media, or other goods
- instructions on how to assemble or otherwise make bombs, or other weaponry
- online and direct pharmaceutical sales
- debt collections, credit repair and debt relief offerings
- stock picks or promotions
- “get rich quick” and other similar offers
- promoting pyramid schemes or network marketing (i.e. MLM) businesses
- odds making and betting/gambling services, including but not limited online casino games, and sporting events
- Change of Terms and Conditions
Cockpit Metrics reserves the right to change the terms and conditions of this Policy, as needed. Use of Cockpit Metrics software and/or services by Customer after said changes constitutes Customer’s acceptance of the new Policy.
- Cockpit Metrics will inform Customer when significant changes are made to any policies under the Cockpit Metrics Terms of Service by means of the Customer’s e-mail, currently on file.
ALL CUSTOMERS AND AFFILIATES ARE EXPECTED TO AGREE TO ALL TERMS CONTAINED HEREIN. DIGITAL ACCEPTANCE IS ACHIEVED WHEN CUSTOMERS OR AFFILIATES ACCESS OR IN ANY WAY USE MESSAGE METRIC SERVICES.
FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.