• Legal

    Anti-Spam Policy

    Last updated: November 9, 2021

    To send the same message indiscriminately to a large number of recipients, send unsolicited commercial email, generally not allow an option to unsubscribe, send junk or bulk mail, send numerous amounts of short messaging service messages, or to send a singular message repeatedly to a singular individual or entity over the internet (hereinafter "Spam") is absolutely prohibited by Venntive.

    Venntive, provider of the Venntive system suite of email and mobile SMS marketing tools, along with Venntive partners and affiliates who make Venntive available to their customers, support ONLY permission-based email and mobile marketing practices. In this regard, Venntive has implemented some of the strictest policies in the email industry with procedures that:

    • Help prevent the Venntive system from being inappropriately used for the purpose of unsolicited email or short messaging service ("SMS") campaigns.
    • Require permission-based marketing.
    • Promptly respond to all factually supported complaints suggesting the Venntive system has been used as a vehicle to send unsolicited email or SMS messages.

    Venntive itself periodically monitors import lists and outgoing emails and SMS messages for suspiciously large intended or actual broadcasts that could possibly be considered Spam. If any activity of Spam is detected by Venntive, such conduct is immediately halted, and such Venntive user is subject to being permanently barred from ever using Venntive (or any of our partners', affiliates', and/or internet service providers') systems.

    In addition to wasting valuable resources and time, Spam is considered by Venntive to be intrusive, costly, irrelevant, and offensive. Spam is the opposite of permission-based emails — those that are anticipated, personal, relevant, and often associated with a pre-existing business or personal relationship.

    Unsolicited Email or Spam Complaints and Recommended Action/Appeal Process

    If an email is sent out through Venntive that generates a Spam complaint, an investigation is initiated. The Venntive user is notified that an unsolicited email complaint has been lodged against them and a demand is issued to show proof that the complainant opted in to the user's list. The Venntive user is reminded of the terms they accepted in the End User License Agreement (including possible legal ramifications if the user is guilty of Spamming). In addition, the complainant's email address is automatically tagged as "unsubscribed" so no further emails are sent to the complainant. The Venntive user is also required to manually remove the complainant's email address from their contact list if the complainant did not unsubscribe.

    Appeal Process: A Venntive user may appeal such a complaint by providing a record of when that particular recipient chose to opt into the mailing list (the "Opt In Record"). The Venntive user shall solely be responsible for keeping and providing the Opt In Record that proves the recipient chose to receive the email. If the Venntive user cannot provide the Opt In Record, the appeal shall be considered unsuccessful and the individual Spam complaint shall be assessed up to a $100 fine; fines vary depending on complaint.

    Termination: If Venntive has any reason to believe a user, despite warnings, is or will continue to send unsolicited bulk email to more than 10 individuals without permission, or to any complainant who has previously unsubscribed, the user's Venntive account privileges are subject to immediate termination without penalty recourse or fee.

    Requiring Users to Sign an End User License Agreement

    All users of the Venntive system must abide by our Terms of Use. Under Venntive's Terms of Use, the user promises and represents to Venntive that they will not abuse the Venntive system or send Spam. The Venntive user makes specific representations and promises not to send unsolicited bulk email or SMS messages, for commercial or non-commercial purposes (unsolicited bulk email is defined as email sent to more than 10 individuals without end user's express permission).

    The Terms of Use also include promises by the Venntive user not to post, upload, or otherwise transmit:

    • Any content related to inappropriate subject matters
    • Any content to "rented," "purchased," "scraped/harvested," "borrowed," "gifted," or otherwise acquired lists without direct documented permission from the recipients
    • Any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, or obscene
    • Libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable content
    • Any content that you do not have a right to post and transmit under any law or contractual/fiduciary relationships
    • Any content constituting the infringement of any patent, trademark, trade secret, copyright, or other proprietary rights
    • Any materials containing software viruses or other computer code designed to interrupt, destroy, or limit functionality of any computer software, hardware, or telecommunications equipment
    • Any materials imposing an unreasonable large load on our infrastructure
    • Any content harmful to minors
    • Content that intentionally or unintentionally violates any applicable local, state, national, or international law
    • Content that is misleading or impersonates any person or entity
    • Content with manipulated or forged identifiers
    • Content promoting harm or providing instructional information about illegal activities

    Once Email Recipients Unsubscribe, Suppression Is Mandatory

    With regard to email campaigns, all users of Venntive must accept that an unsubscribe option be automatically appended to every email sent to more than 100 people via the Venntive system. This is mandatory. When the unsubscribe option is requested by an email recipient, Venntive automatically suppresses emails to that email address in future campaigns. This suppression feature is also mandatory.

    In the event that a Venntive user violates any one of our usage rules, or for any other reason deemed appropriate by Venntive in its sole discretion, Venntive reserves the right to suspend or terminate that user's access to the Venntive system and all related data without notice.

    Free Anti-Spamming Tools

    Venntive offers free tools like confirmed opt-in subscription forms to encourage users to create and manage confirmed opt-in lists of contacts. By building and using confirmed opt-in lists, Venntive users can be certain they are sending emails to recipients who have expressly given their permission to receive such emails. Any unconfirmed contact added to an active Venntive account that is not successfully confirmed within 90 days may be subject to deletion.

    Think You've Been Spammed?

    If you have, please follow these steps:

    1. Immediately unsubscribe using the "unsubscribe" link at the bottom of the email.
    2. Forward the unsolicited email to abuse@Venntive.com and provide any other information that may help our investigation.

    Many spam complaints are registered with anti-spam agencies. We fully support the efforts of agencies working to responsibly curtail the sending of unsolicited commercial email. However, if an individual specifically opted in to receive Venntive email and then falsely files a Spam complaint, Venntive will cooperate fully with appropriate agencies to address such conduct.

    Exhibit 1 — Terms of Use

    Terms and Conditions

    1. Acceptance of Terms

    The website located at www.Venntive.com (the "Site") has been provided by Synchronous Technologies, Inc., a California corporation, dba Venntive (hereinafter "Venntive") to any person or entity that accesses, browses, or otherwise uses the Site, either manually or via an automated device or program (hereinafter "User"). The Site is subject to User acceptance of the following Terms of Use ("Agreement") which may be updated by Venntive from time to time. By becoming a User of the Site, User agrees to be bound by all terms of this Agreement. Questions about this Agreement should be directed to support@Venntive.com before using this Site.

    2. Description of Services

    Venntive is an Internet networking service provider, utilizing web-based software, where business owners, marketing professionals, and group members can organize their groups, perform marketing functions, and manage corporate operations. Anyone who takes advantage of the aforementioned software in any way, form, or fashion shall be considered a User for purposes of this Agreement.

    3. Conditions of Use

    If a User chooses to register on the Site, such User must provide certain personally identifiable information, including but not limited to name, address, and email address (collectively "Registration Information"). Providing false Registration Information constitutes a material breach of this Agreement, to which Venntive may immediately terminate User's access to the Site.

    4. No Endorsement of Content or Businesses

    Venntive makes no representations, warranties, or endorsements regarding the quality, accuracy, reliability, or condition of any content posted on the Site. Venntive does not control the quality, safety, truth, or accuracy of content posted on the Site and shall have no obligation to review such content. All content provided by Users is the sole responsibility of the User.

    5. Acceptable and Lawful Use of Site

    Any Registration Information, computer information, or other information User provides to Venntive in connection with use of the Site shall not be false, inaccurate, deceptive, obscene, or indecent; shall not contain viruses, Trojan horses, or other computer programming routines intended to damage or surreptitiously intercept any system or data; shall not infringe any third party's intellectual property rights; shall not be defamatory or unlawfully threatening or harassing; and shall not create liability for Venntive or cause Venntive to lose any software products. Users shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Site.

    6. Acceptable and Lawful Use of Software

    Any use, reproduction, or redistribution of any products by User that are not in accordance with the intended use of the Site are expressly prohibited by this Agreement and by law. ANY COPYING, DISTRIBUTION, REPRODUCTION, OR REDISTRIBUTION OF THE SITE OR ANY SOFTWARE PRODUCTS TO ANY OUTSIDE LOCATION, SERVER, OR PARTY IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF VENNTIVE.

    7. License Granted

    User grants Venntive a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights User has in the Registration Information provided to Venntive, in any media now known or hereafter to become known. Venntive may only use Registration Information in accordance with its Privacy Policy at https://www.Venntive.com/Privacy.

    8. Relationship

    No agency, partnership, joint venture, or employee-employer relationship is intended to be created by this Agreement between User and Venntive. This Agreement is between the User and Venntive and is not intended to be for the benefit of any third party.

    9. Security

    Venntive utilizes reasonably secure servers to protect Users' Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify Venntive in writing of any unauthorized use of User's account.

    10. Privacy Statement; Email

    Users have read and understand the terms of our Privacy Statement at https://www.Venntive.com/Privacy, which is hereby incorporated into this Agreement by reference. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from Venntive in connection with the use of the Site and software.

    11. System Integrity

    Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data or information from the Site without the express written consent of Venntive.

    12. System Outages

    Venntive periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Venntive shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages.

    13. No Warranty

    Venntive provides this website and software products "as is" and without any warranty or condition, express, implied, or statutory. Venntive specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, accuracy of informational content, and non-infringement. User assumes total responsibility and risk for use of this site and the software products.

    14. Limitation of Liability

    Venntive, its parent company, shareholders, affiliates, suppliers, or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, or for any loss of profits or revenue, regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages.

    15. Indemnification

    User shall indemnify, defend, and hold harmless Venntive, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind resulting from User's use of the Site or software products provided hereunder by Venntive.

    16. Notices

    Notices to Venntive shall be sent by email to support@Venntive.com or by certified mail to: Venntive, 249 S. Hwy 101, Suite 525, Solana Beach, San Diego, CA 92075.

    17. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit relating to this Agreement shall be brought exclusively in the courts of San Diego, and the Parties consent to the jurisdiction thereof.

    18. No Spam

    User shall not send unsolicited bulk email (spam). All Users are required to accept and adhere to Venntive's anti-spam policy. This policy also applies to using Venntive's network to send SMS text messages.

    19. Miscellaneous

    This Agreement and any documents expressly incorporated by reference constitute the entire agreement between the Parties pertaining to the subject matter hereof. Venntive may, at its sole discretion, unilaterally amend or modify this Agreement at any time by posting notice on the Site. Continued use of the Site constitutes acceptance of any modified terms and conditions. Venntive may at any time assign its rights or delegate its obligations hereunder without notice to User.

    20. Inquiries

    Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to support@Venntive.com.

    Exhibit A — Privacy Policy

    Privacy Policy

    1. General

    Venntive is committed to protecting the privacy of any person or entity that uses, or makes use of its services, products, or system ("User"). This privacy policy explains when and how personal information is collected, used, disclosed, and protected with respect to the Venntive website located at www.Venntive.com (the "Site"). By using the Site, the User fully understands and consents to the privacy practices described in this Policy, as reasonably modified from time to time by Venntive.

    2. Personal Information We Collect

    Venntive collects Personal Information from Users when they register and set up an account, or contact Venntive by email. When Users visit the Venntive website, some information is also automatically collected, such as IP address, operating system, browser type, the address of a referring website, and the time and date of the visit.

    3. How We Use Personal Information

    Venntive uses Personal Information to process User requests and provide services, to inform Users about products, and to send Users informational emails. Venntive does not disclose User Personal Information to third parties except as described in this Policy.

    4. Security

    Venntive has put security measures into place to protect User's Personal Information. All Personal Information relating to Users is stored in a reasonably secure environment. User's account information is accessible online only through the use of a confidential password. To protect the confidentiality of Personal Information, Users must keep their password confidential and not disclose it to any other person.

    5. Control of Personal Information

    Venntive gives the User the opportunity to opt out of receiving communications from Venntive and to view, correct, or delete User's own Personal Information. Venntive does not sell, rent, or share Personal Information with third parties without User's prior consent, except in limited circumstances described in this Policy.

    6. Cookies

    Venntive automatically receives certain types of information whenever a User interacts with Venntive, including IP address and browser type. Cookies are small text files placed on Users' hard drives by a website when they visit. Most browsers automatically accept cookies as the default setting. Users can modify settings to reject cookies or to prompt before accepting a cookie.

    7. Policy Changes

    Venntive reserves the right to change or alter this Policy at any time. If Venntive's privacy practices change, Venntive will post the policy changes to the website and notify Users by indicating the date the privacy policy was last updated.

    Questions about this policy? Email support@Venntive.com or write to: Venntive, 249 S. Hwy 101, Suite 525, Solana Beach, San Diego, CA 92075.

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