- The ActivePipe platform is an an advanced customer relationship management plug-in platform delivering enterprise level marketing automation & smart data analytics to real estate.
- The ActivePipe platform is accessed by a subdomain of www.activepipe.com, the subdomain being unique to the respective client.
- The ActivePipe platform is operated in the United States by ActivePipe under license from its holding company, The Digital Group Pty Ltd (ABN 91 139 274 436), 1B Weir Street Glen Iris, Vic, Australia 2146.
You understand and accept that the content of emails sent via the ActivePipe platform is entirely Your responsibility. You accept that ActivePipe is purely a delivery mechanism and has no involvement in the content of the emails, the performance of the emails, nor the delivery rate or engagement rate of any particular email campaign.
While ActivePipe constantly monitors its deliver-thru rates and any overall changes in the internet service provider environment that may affect delivery of emails, You acknowledge that the information contained in emails, and specifically the subject header, may affect the delivery performance of Your emails. You acknowledge that any such information and/or subject headers are entirely Your responsibility.
Acceptable Use Policy
ActivePipe’s reputation as an email service provider and ActivePipe’s deliverability depend upon keeping the system clean. Spamming actions of individual users can adversely impact on ActivePipe’s positive reputation and jeopardise deliverability of the system as a whole. So we are in the positive reputation business together.
ActivePipe is a multi-user platform that provides email delivery services on behalf of its client base (community). In simple terms, ActivePipe passes emails through to Internet Service Providers (ISPs) such as Google (email), Yahoo etc.
The ISPs have very complex algorithms that monitor what is known as an email sender’s (ActivePipe) ‘reputation’. These mechanisms exist as one of many tools designed to identify and stop genuine spam emails based on their point of origin (source / sender).
If Your email recipients consign Your emails to trash or spam, then this begins to affect the sending ‘reputation’ of ActivePipe. This in turn impacts on the whole of the ActivePipe community. This impact translates to the systems of the ISPs viewing ActivePipe as a sender of dubious reputation and will “choke’ and severely restrict the delivery of Your emails and that of our broader community.
In order to protect ActivePipe’s ‘reputation’ and thus that of our community members, ActivePipe exercises an Acceptable Use Policy and operates with an API (automated interface) that removes from Your database within ActivePipe any email recipients that have trashed or spammed Your email. This email also removes any email addresses that are “hard-bounced” (that is where the ISP advises that no such email address exists and/or is not active).
Such data ‘cleansing’, as it is known, is critical to enhancing and maximising the reputation of Your database and that of the broader community, and thus ActivePipe’s.
You therefore acknowledge and accept this Acceptable Use Policy as a standard operating practice of ActivePipe.
License to Use the Platform
“ActivePipe Trademarks” means all names, marks, brands, logos, designs, slogans and other designations that ActivePipe uses in connection with its products and services. You may not remove or alter any ActivePipe Trademarks, or co-brand Your own products or material with ActivePipe Trademarks, without ActivePipe’s prior written consent. You acknowledge ActivePipe’s rights in all ActivePipe Trademarks and agree that any use of ActivePipe Trademarks by You shall inure to ActivePipe sole benefit. You agree not to incorporate any ActivePipe Trademarks into any of Your own trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. The names of actual companies and products mentioned on the ActivePipe platform or in ancillary materials may be the trademarks of their respective owners or licensees.
Any software or content that is made available to download from the ActivePipe platform is the copyrighted work of ActivePipe and/or its licensor. You must be a registered ActivePipe subscriber in order to download and/or use the software.
ActivePipe users are required to respect intellectual property rights. Should copyrighted content belonging to You be posted via ActivePipe without Your permission please let us know by sending a take-down notice to our Designated Agent for Copyright Infringement at:
919 N. Market Street, Suite 950
Wilmington, DE 19801
Attention: Compliance Manager
Phone: +61 419 392 339
Your Representations and Warranties
You represent and warrant to ActivePipe, and with respect to future uses, covenant, that:
- any and all personal information You upload into the ActivePipe platform is that of persons located in the United States;
- You have the right to upload all personal information You upload into the ActivePipe platform;
- The information You provided to ActivePipe about Yourself is accurate and complete and You will maintain it properly and keep it current;
- You have not and will not use or upload to ActivePipe purchased, rented or third party lists of email addresses;
- All emails sent by You using the ActivePipe platform conform and comply with U.S. law, including, without limitation, the CAN-SPAM Act;The User warrants that as and where applicable, all communications with contacts outside of the USA are undertaken in a manner compliant with all relevant country or region laws (eg. GDPR) that apply to such communications and User will ensure that it has all necessary and appropriate consents and notices in place to enable lawful transfer of the personal data processed in connection with this Agreement under all relevant laws;
- You will abide by ActivePipe’s Acceptable Use Policy which is set forth above
- The information contained in Your emails will be of a professional, commercial and informational nature, in line with what would be deemed socially acceptable for professional communications and in no event including content of a sexual nature, content that could be deemed as racist or bigoted, or content that purports to threaten the security of individuals, organizations and/or nations;
- You have content preparation controls, procedures and testing in place that prevent the transmission of computer viruses, Trojan horses or any other malicious or harmful software.
You agree to fully indemnify and hold harmless ActivePipe and our group companies, shareholders, affiliates and licensors, and each of their respective employees, officers, directors, agents, licensors, suppliers, other partners and representatives from and against all claims, actions, causes of action, damages, fines, liabilities and losses and all related costs and expenses (including reasonable attorneys’ fees and other reasonable legal, investigative and expert consulting costs, fees and expenses) (collectively, “Losses”) based on or resulting from:
- any breach of the representations, warranties and covenants set forth above,
- Your or any individual user or email recipient’s use of the service (including any activities under Your ActivePipe account and use by Your employees and personnel);
- any violation of applicable law by You or any individual user;
- Your content or the combination of Your content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your content or by the use, development, design, production, advertising or marketing of Your content; or
- any dispute between You and any individual user or email recipient.
ActivePipe shall maintain appropriate administrative, physical, and technical safeguards designed to protect the security, confidentiality and integrity of customer data transmitted in connection with the ActivePipe platform. This shall include measures that meet or exceed policies derived from the ISO 27001 international standard. ActivePipe shall be responsible for establishing and maintaining an information security program that is designed to
(a) ensure the security and confidentiality of the customer data;
(b) protect against any anticipated threats or hazards to the security or integrity of the customer data;
(c) protect against unauthorized access to or use of the customer data; and
(d) ensure the proper disposal of the customer data.
Data Retention and Deletion Policy
ActivePipe will retain a Customer’s data for as long as the Customer’s account is active, or as long as needed to provide the Customer with our Services.
We may also retain and use a Customer’s data in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.
Upon expiration or termination of a Customer’s account ActivePipe shall continue to retain a Customer’s data unless the Customer requests the data be deleted from ActivePipe. In this event we shall delete the Customer’s profile and data from ActivePipe within 24 business hours from receiving the Customer’s request. Any statutory retention requirements with respect to a Customer’s data or information remain the Customer’s responsibility.
If You have commenced using the ActivePipe platform as the result of a 30 day (or other period) free trial, billing will commence immediately upon completion of the free trial period unless you have notified us in writing at firstname.lastname@example.org.
It is important to be aware that any prices quoted by ActivePipe means the quoted price PLUS any applicable sales taxes.
The subscription fees shall be invoiced monthly, in advance and shall be payable 14 days after such date. Past due payments will be subject to interest at the rate of twelve percent (12%) annually, or the maximum amount allowed by applicable law if lower, calculated from the date when payment becomes overdue until payment is made. Customer agrees to pay ActivePipe’s reasonable costs of collection of past due amounts, including collections agency fees, attorneys’ fees and court costs.
Third Party Access You are specifically prohibited from allowing any third party (including, without limitation, any third party database) access to the ActivePipe platform or from re-selling access to the ActivePipe platform to any third party.
Limitations of Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ACTIVEPIPE NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR FOR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE ACTIVEPIPE PLATFORM, ANY WEB SITES LINKED TO THE ACTIVEPIPE PLATFORM, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN ACTIVEPIPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER ACTIVEPIPE NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, COST OF REPAIR OR CORRECTION, OR DAMAGES ARISING IN CONNECTION WITH:
(A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY
(II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR,
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
- service fees remain unpaid 30 days from the due date; or
- You violate any of Your representations, warranties, or covenants as set forth above; or
- You violate the prohibition on granting Third Party Access
Upon termination of an account, ActivePipe will delete all client records and historical data associated with such account. No historical or transactional data records will be transferred to You.
Governing Law and Venue