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Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING ANY OF THE SERVICES AVAILABLE AT AXNT.US (the “Site”) OR OFFERED BY OR ON BEHALF OF AXNT OR ITS AFFILIATES. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES.

This Terms of Use Agreement (the "Agreement", as modified from time to time in accordance with the terms of this Agreement) is a legal agreement between You (“Customer”, “You”, “Your”) and AXNT. (“AXNT” or “Company”) (each a “party” and collectively the “parties”) and defines the terms and conditions under which You are allowed to use the Services (as defined below).

Acceptible Use Policy

This Agreement takes effect on the earliest of You: 1) creating an account for use of the Services while being presented a link to this Agreement; 2) executing or electronically accepting an Ordering Document referencing this Agreement; or 3) using the Services (the earliest of the foregoing being the “Effective Date”). If You enter into this Agreement or acquire the Services on behalf of an entity, You represent and warrant that You have the authority to accept this Agreement on the entity's behalf. This document is the AXNT Acceptible Use Policy (AUP).

In order to use the Services, You must:

  • be at least 18 years old;
  • complete the registration process;
  • agree to this AUP; and
  • provide true, complete, and up to date contact information to Company.

By using the Services, You represent and warrant that You meet all the requirements listed above. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement.

  1. DEFINITIONS. In addition to terms defined elsewhere in this AUP, the definitions below will apply to capitalized words in this AUP. Capitalized words in this AUP that are not otherwise defined herein shall have the meaning ascribed in the Agreement.
    1. “Agreement” means, as applicable, either the: 1) Terms of Use Agreement located at axnt.us/policies/#terms-of-use, as updated from time to time; or 2) a superseding written agreement for use of the Services executed by and between Company and Customer.
    2. “Cookie Notice” means the Company’s Cookie Notice located at axnt.us/policies/#cookie-policy, as updated from time to time.
    3. “Contact(s)” means, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise ‘processed’ (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services. For example, a subscriber to Customer’s marketing communications is a “Contact”.
    4. “Law(s)” means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, federal, state or local governmental authority, including where applicable, the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (the, “General Data Protection Regulation” or “GDPR"). Where relevant to the Customer’s or User’s obligations, when assessing “applicability”, Customer and User shall take into account the Governing Law in in the Agreement and the Laws relating to both the jurisdiction where User is using the Services and the jurisdiction where the Contact resides.
    5. “Malicious Code” means harmful or malicious code, files, scripts, agents, programs, or the like designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, corrupting, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system, database, or network (or other device on which such code is stored or installed), including but not limited to viruses, worms, time bombs, and Trojan horses.
    6. “Privacy Notice” means the Company’s Privacy Notice located at axnt.us/policies/#privacy-policy, as updated from time to time.
    7. "User" means any person, other than Company employees or agents engaged in providing support or implementation services to Customer, accessing and/or using the Services through Customer’s Account.
  2. CUSTOMER AND USER OBLIGATIONS.
    1. Customer agrees to, and where applicable, shall ensure that Users agree to:
      1. keep contact information for Customer’s Account updated and promptly respond to queries from Company;
      2. use reasonable efforts to prevent unauthorized access to or use of the Services, and notify Company promptly of any such unauthorized access or use;
      3. be responsible for ensuring that User’s computer systems, technology, or other similar items used in connection with the Services do not interfere with or disrupt the integrity or performance of the Services; and
      4. use the Services in compliance with Laws, the Agreement, and this AUP, and the Anti-Spam Policy available at axnt.us/policies/#anti-spam.
    2. Privacy, Cookies & Tracking Technologies. Customer understands and acknowledges that the Privacy Notice explains how Company handles data processed by and through the Services. Customer hereby acknowledges and agrees that Company will handle data in accordance with the Privacy Notice. Customer agrees to adopt, maintain, and post a privacy notice that: 1) takes into account the data processing activities described in the Privacy Notice; and 2) complies with all requirements imposed by Laws (particularly as such notice relates to notice, consent, and disclosure in connection with the collection, sharing, and use of any information about a Contact). In addition, Customer and its Users acknowledge that the Services employ the use of cookies and similar tracking technologies (“Cookies”), as further described in Company’s Cookie Notice. Accordingly, Customer represents and warrants that each Contact is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies and/or other information on the Contact’s device where such activity occurs in connection. Customer and its Users shall promptly notify Company if they are unable to comply with the above obligations.
  3. ACCESS LIMITS. The Services may be accessed by no more than the specified number of Users allotted to Customer’s Ordering Document (unless Customer is allotted unlimited Users). User licenses cannot be shared or used by more than one User; provided, however, User licenses may be reassigned to replace former Users who no longer require ongoing use of the Services.
  4. RESTRICTIONS ON USE.
    1. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly:
      1. access or use the Services except as permitted in the Agreement and this AUP;
      2. host images or content on Company servers or through the Services for any purpose other than for the purpose of using the Services;
      3. use the Services to store or transmit Malicious Code;
      4. interfere with or disrupt the integrity or performance of the Services or third party data contained therein;
      5. use the Services in any other manner that puts an excessive burden on the bandwidth of the Services;
      6. hack, violate, attempt to violate, attempt to gain unauthorized access to the Services or their related systems or networks;
      7. attempt to probe, scan, or test the vulnerability of the Services or perform any penetration testing against or on the Services; or
      8. use the Service to encourage or facilitate any illegal activities; or break any Laws, including but not limited to those related to e-commerce, defamation or privacy.
    2. Intellectual Property Restrictions. Customer shall not (and shall not permit any third party to):
      1. except as expressly permitted in writing by Company, sell, resell, rent, or lease the Services or any part of the Services;
      2. remove or alter trademark, logo, copyright, or other proprietary notices or labels from the Services;
      3. copy, frame or mirror any part or content of the Services, other than in connection with Customer’s permitted use of the Services for Customer’s own internal business purposes;
      4. create derivative works based on the Services;
      5. reverse engineer, reverse assemble, decompile, or attempt to discover or extract the source code, object code, underlying structure, or algorithms, found at or through the Services or any software, documentation, or data related to the Services;
      6. access the Services in order to (a) build a competitive product or service; (b) copy any features, functions or graphics of the Services; (c) for purposes of monitoring the availability, performance or functionality; or (d) for any other benchmarking or competitive purposes. No rights are granted to Customer other than as expressly set forth in the Agreement.
    3. Customer Content. Customer acknowledges and agrees that Customer is responsible for the nature and content of all of the Customer Content, including but not limited to, for the accuracy, quality, integrity and legality of the Customer Content and of the means by which Customer and its Users acquire Customer Content. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly, use the Services to process, store, transmit, link to, display, or solicit content:
      1. about or relating to: individuals under 18 years of age; pornography, nudity, adult novelty items, escort services; financial information, stock trading, FOREX, mortgages and loans, insurance, debt collection, credit repair, offers to make money online or work from home businesses, payday lender related content, the production, sale, exchange, storage, or marketing of Cryptocurrencies and Initial Coin Offerings, Penny Stocks; gambling related content (including but not limited to poker, casino games, horse and dog racing, and betting on college and pro sporting events); horoscopes, dating services, daily deals, coupons, paid surveys, lead generation services, affiliate or multi-level marketing, Ponzi schemes; DJ/nightclub, event/club promotions/party lists; the selling of personal data of any kind, list brokers or list rental services; recruitment or job-seeking services; firearms, bombs, grenades, or other weapons; pharmaceuticals, drugs (illegal or otherwise), diet advice, nutritional advice, supplements; illegal goods or software (including but not limited to pirated computer programs), viruses, or any other content that Company deems inappropriate in Company’s sole discretion; violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
      2. that is defamatory, libelous, offensive (including hate speech, blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity), obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable (as determined by Company in Company’s sole discretion); and/or
      3. that violates or infringes: 1) any applicable local, state, federal, and international Laws; or 2) the rights of a third party (including a third party’s privacy and/or intellectual property rights).
    4. Sensitive PII. Customer understands and acknowledges that the Services are not configured to process, receive, and/or store: 1) protected health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”); 2) "nonpublic personal information" as defined under the Gramm-Leach-Bliley Financial Modernization Act of 1999 (“GLBA”); 3) data on any minor under the age of thirteen that would be subject to the Children Online Privacy Protection Act (“COPPA”); 4) card holder data under the Payment Card Industry Data Security Standard; 5) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation (the “special categories of personal data” identified in Article 9 of GDPR); or 6) social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information, (collectively, “Sensitive PII”). As such, Customer agrees not to, and not to permit Users to, transmit, request, provide Company with access to, submit, store, or include any Sensitive PII through the Services. Customer agrees that Company may terminate this Agreement immediately, without refund, if Customer is found to be in violation of this clause.
  5. COMPANY’S RIGHTS.
    1. Monitoring. Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, to ensure compliance with the terms of this AUP. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. Company reserves the right to limit Customer’s access to Customer’s Account at any time if Company believes, in its sole discretion, that Customer or its Users have violated or may violate any terms set forth in this AUP.
    2. Disclosure. Company shall have the right to disclose communications between (i) Customer and (ii) its email recipients and other users of its services to the extent required by law, including without limitation as required by legal process or court order. Company shall have no obligation to notify Customer of requests for such disclosures except as otherwise required by this AUP or the Agreement.
    3. Right to Remove, Suspend, Terminate. Company may, in its sole discretion, remove any Customer Content, suspend, or terminate Customer’s use of the Services for any actual or alleged breach of this AUP at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer’s obligation to pay fees owed to Company.

Last Updated on Jan 29, 2021

  1. “Affiliate” of a party means any entity that directly or indirectly controls, is controlled by, or is under common control of that party. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the entity or the right to receive more than 50% of the profits or earning of the entity.
  2. “API Connector/Integration” means any Web-based, on-demand and/or downloadable software that permits the connection and/or interoperation of a third party service/application with the Services.
  3. “Beta Features” mean services and/or features available to Users for use which are still in their beta stage and have not been fully tested.
  4. “Customer’s Account” means the Web-based account provided by Company to Customer that enables Users to use the Subscription Services which is accessible to Users via usernames and passwords created and/or assigned by Customer.
  5. “Customer Content” means, excluding the Services, any and all information, data, text, software, photographs, graphics, video, messages, tags and/or other materials and content, that Users post, upload, share, submit, store or otherwise provide or make available through or using the Services.
  6. “Custom Works” means, any custom designs, projects, or other works, including Deliverables, created by Company for, or on behalf of, Customer by Company; provided Custom Works specifically exclude the Services, Generic Tools, and any Pre-Existing IP.
  7. “Deliverables” means any outputs specifically defined in an SOW and characterized as “Deliverables” that will be provided by Company to Customer, provided Deliverables expressly exclude the Services and any Pre-Existing IP.

Anti-Spam Policy

PLEASE READ THIS ANTI- SPAM POLICY (THE “ANTI-SPAM POLICY”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT CAMPAIGNMONITOR.COM (THE “SITE”). IF YOU DO NOT ACCEPT THIS ANTI-SPAM POLICY, DO NOT USE THE SERVICES.

At AXNT, we take anti-spam compliance very seriously. While anti-spam laws like the U.S. CAN-SPAM Act are a step in the right direction for reducing the spam problem, we don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission-based email marketing. Our Software is directly integrated into the spam reporting systems of major ISPs. Your compliance with this Anti-Spam Policy will help ensure that we maintain our reputation and white-list status with major ISPs and whitelisting programs, which in turn, will ensure that you, our customer, retain high deliverability rate and get the most out of our Services.

Throughout this Anti-Spam Policy references to “Company” are references to AXNT, and references to “Customer” are to you, a user of the Services.

  1. DEFINITIONS. In addition to terms defined elsewhere in this Anti-Spam Policy, the definitions below will apply to capitalized words in this Anti-Spam Policy. Capitalized words in this Anti-Spam Policy that are not otherwise defined herein shall have the meaning ascribed in the Agreement or Acceptable Use Policy (as applicable).
    1. Acceptable Use Policy” means Company’s Acceptable Use Policy located at axnt.us/policies/#acceptable-use-policy, as updated from time to time.
    2. “Agreement” means, as applicable, either the: 1) Terms of Use Agreement located at axnt.us/policies/#terms-or-use, as updated from time to time; or 2) a superseding written agreement for use of the Services executed by and between Company and Customer.
    3. “Anti-Spam Laws” means any and all applicable Laws regulating the transmission of electronic messages.
    4. “Contact(s)” means, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise ‘processed’ (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services.
    5. “Customer List” is a list of Contacts uploaded to the Services or created on or via the Services.
    6. “Distribution Email Address” means an email address associated with a distribution list that enables a User to send an email to multiple recipients by sending that email to the single email address associated with the distribution list.
    7. “Permission” means permission obtained from an individual, in compliance with Section 3 below, to receive communications from Customer that was either: 1) obtained within the preceding 12 months; or 2) obtained at anytime and ongoing communications have been sent to the individual over the course of the preceding 12 months.
    8. “Privacy Notice” means the Company’s Privacy Notice located at axnt.us/policies/#privacy-policy, as updated from time to time.
    9. “Spam”, as used herein, is any email or other communication sent by a User: 1) to an individual who has not given the User their Permission to do so; and/or 2) is marked as “spam” or “junk” mail by the recipient.
    10. “Transactional Messages” will have the meaning ascribed by applicable Laws.
    11. “Transactional Email Feature” means the feature of the Services that allows a User to automatically send communications upon the occurrence of a trigger action.
  2. REQUIRED CONTENT.
    1. Unsubscribe Link. Unless expressly agreed by Company in advance in writing, Customer must ensure that all emails sent through Customer’s Account contain a Company (or other Company-approved) “unsubscribe” link, in form and substance satisfactory to Company, that: 1) allows Contacts to instantly and permanently remove themselves from the applicable Customer List, 2) presents unsubscribe instructions in a clear and conspicuous way, and 3) remains operational for a period of 30 days after sending the email. Customer must monitor, correct, and process unsubscribe requests immediately and ensure that Users do not remove, disable or attempt to remove or disable such link. Customer understands that instead of using the opt-out link provided, some Contacts may use other means to submit a request to Customer to opt them out. In such cases, Customer agrees to unsubscribe any such Contact manually, by changing the Contact's mailing status to "opt-out" using the tools provided inside Customer’s Account within 10 business days from the opt-out request.
    2. Contact Information. Each email must clearly and accurately identify the individual or organization that authorized the sending of the email (“Authorizing Party”). This means that if Customer is sending messages on behalf of an Authorizing Party, the Authorizing Party must be identified. For example, if a marketing agency is sending an email on behalf of its client, the client must be identified. To the extent required by law, identification must include the correct legal name of the Authorizing Party, a registered business number, legitimate physical address, and contact details. All identification information should remain valid for at least 30 days after the email is sent.
    3. Other Required Information. Customer shall ensure that communications sent through Customer’s Account are truthful and subject lines that are in no way false or misleading as to the nature of the content contained in the email. All emails must state the reason the Contact is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our email list at abc.com.”
  3. PERMISSION.
    1. Customer Representations. Customer represents and warrants that Customer has provided all disclosures required by Law in conjunction with obtaining Contact’s Permission. Customer further represents and warrants that Customer has not used any false or misleading information, names, email addresses, subject lines, or other information for the purpose of or in connection with obtaining Contact’s Permission.
    2. Obtaining Permission. Customer must retain records of any Permission received and shall provide such records to Company immediately upon request. Permission must be obtained in one of the ways described below. A Contact:
      1. fills out or opts in via an web form subscribing to receive marketing communications from Customer; provided that the form does not contain any pre-selected fields;
      2. completes an offline form that expressly indicating their willingness to receive marketing communications from Customer;
      3. gives Customer their business card; provided that Contact was informed that by providing the business card to Customer, Contact was indicating their willingness to receive marketing communications from Customer;
      4. has a clear relationship with Customer, as an individual that (a) pays dues or a subscription fee to belong to Customer’s organization, or (b) has purchased a good or service from Customer within the preceding 12 months, in the course of which Customer obtained that Contact’s email address and there is a reasonable expectation that the Contact would consent to receiving emails; or
      5. otherwise provides Customer with their express written permission to receive marketing communications from Customer.
    3. Scope of Permission. Customer shall not send emails to Contacts on any topic that exceeds the scope of the topic that Contact has given Customer Permission to email them about. Where a Contact has provided Permission for specific individual or organization to contact them, that Permission may not be transferred to another individual or organization. Any Permission obtained from a Contact will be exclusive to Customer and will not extend to Customer’s Affiliates, unless such Permission was also granted to such Customer Affiliate.
  4. APPROVALS, RESTRICTIONS, & COMPLIANCE.
    1. Account Approval. Company may request specific information about Customer’s Permission practices and email marketing activities prior to allowing access to Company’s sending infrastructure at Company’s discretion. Unless otherwise expressly agreed by Company, Customer may not send any emails using the Services until Customer’s Account has been approved by a member of Company’s trained compliance team. Such approval may be withheld in Company’s sole discretion.
    2. Bulk Uploads. Prior to any bulk and/or large Contact list uploads to the Services, Customer must obtain Company’s prior written approval, which may be withheld in Company’s sole discretion.
    3. Company API. The Services provide API Calls (“Calls”) to facilitate certain account activities without relying on the Service’s main application interface. These Calls are governed by the same policies set forth herein. The Customer and its Users shall not use the API to circumvent Company's efforts to facilitate Permission- based sending via the Services. Company may dictate, in its sole discretion, permissible use of the API and Calls. Any improper use of the API, as solely determined by Company, will be grounds for immediate termination of Customer's account.
    4. Prohibited Uses. There are some list collection methods, sending practices, and models of business which are irreconcilably at odds with Company’s permission policy or which represent untenable risk to the reputation of Company’s sending infrastructure. Customer shall not:
      1. mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, purchased, loaned, or rented lists;
      2. mail to any Contacts obtained from a third party (unless such third party specifically obtained Permission from the Contact for Customer to mail them);
      3. mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipient’s willful, sender-specific consent;
      4. use the Transactional Email Feature to send non-Transactional Messages to Contacts unless you have Permission to do so;
      5. use the Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or conduct any illegal activities; and
      6. take known demographic information and append it to information Customer obtains from a third party for the purpose of emailing an individual who has not otherwise provided Permission in compliance with this Anti-Spam Policy.
    5. Compliance. Customer acknowledges that the Services allow Customer to upload data related to Contacts and also to track Contacts engagement with emails sent using the Services. Customer represents and warrants that Customer has complied with all notice, disclosure, consent, and other requirements imposed by applicable Laws prior to uploading information about a Contact to Customer’s Account. Customer further represent and warrants that Customer shall comply with the Acceptable Use Policy, Agreement, and all applicable Laws in connection with Customer’s use of the Services.
  5. COMPANY’S RIGHTS AND OBLIGATIONS.
    1. Contacts. Company will not use Contacts’ information for any purpose other than those related to the Services and as otherwise described in Company’s Privacy Notice.
    2. Monitoring. Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, to ensure compliance with the terms of this Anti-Spam Policy. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. In addition, Company reserves the right, but has no obligation, to:
      1. scan every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, Customer will be informed and required to include Company’s unsubscribe link before sending additional email messages or Customer Content via the Services;
      2. monitor and meter the number of KiloBytes of data transferred when sending email messages; and
      3. monitor any and all Customer Content and Customer’s use of the Services to ensure compliance with this Anti-Spam Policy.
    3. Abuse Complaints & Remediation. Emails sent through the Services may generate abuse complaints from Contacts. Customer is responsible for ensuring that email campaigns sent from Customer’s Accounts do not generate a number of abuse complaints in excess of industry norms. If Customer’s complaint rate exceeds industry norms, Company may immediately suspend Customer’s Account. In the event that Company sends Customer a notification requesting an explanation and tips for remediation, Customer must respond to Company’s requests promptly and provide its remediation plan. If Customer is unresponsive, does not implement remediation measures in accordance with Company’s recommendations within thirty (30) days of Company’s notification to Customer, and/or Customer continues to experience high complaint rates (as determined by Company in its sole discretion), then Company may lock Customer’s Account until the issue is resolved or until the end of the period specified by the contract.
    4. Right to Terminate. Company may, in its sole discretion, remove any Customer Content, suspend, or terminate (without refund) Customer’s use of the Services for any actual breach of this Anti-Spam Policy at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer’s obligation to pay fees owed to Company.

If you feel you have received SPAM from our customer, write to us at [email protected] If we find that our anti-SPAM policy has been violated, we may terminate violator’s account.