This policy (“Policy”) applies to all email and other communications (“Email”) generated or sent through the services provided by Ximplify (“Services”) whether through the site located at www.ximplify.com or through any other site operated by Ximplify or a Ximplify reseller, distributor, or business partner (each, a "Site").

BY GENERATING OR SENDING EMAIL THROUGH THE SERVICES, YOU AGREE TO COMPLY WITH THIS POLICY. XIMPLIFY MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES IFYOU DO NOT COMPLY WITH THIS POLICY.

1. Your use of the Services must comply with all applicable Laws.

   This includes laws applicable to you and also laws applicable to Ximplify and the recipient each Email. Examples of applicable laws include laws relating to spam or unsolicited commercial email (UCE), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Services and the Emails you generate and send through the Services.

2. Your use of the Services must comply with the Terms of Service applicable to the Services ("TOS").

   This Policy is a part of and incorporated into the TOS applicable to the Services. It is your responsibility to read and understand the TOS applicable to your use of the Services and the Emails you generate and send through the Services.

3. Your use of the Services must comply with the Privacy Policy applicable to the Services ("Privacy Policy").

   It is your responsibility to read and understand the Privacy Policy applicable to your use of the Services and the Emails you generate and send through the Services.

4. Your use of the Services must follow all applicable guidelines established by Ximplify.

   The guidelines below are examples of practices that may violate this Policy when generating or sending Emails through the Services:

   • Using non-permission based Email lists (i.e., lists in which each recipient has not explicitly granted permission to receive Emails from you by affirmatively opting-in to receive those Emails).
   • Using purchased or rented Email lists.
   • Using third party email addresses, domain names, or mail servers without proper permission.
   • Sending Emails to non-specific addresses (e.g., [email protected] or [email protected]).
   • Sending Emails that result in an unacceptable number of spam or UCE complaints (even if the Emails themselves are not actually spam or UCE).
   • Failing to include a working "unsubscribe" link in each Email that allows the recipient to remove themselves from your mailing list.
   • Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request.
   • Failing to include in each Email a link to the then-current Privacy Policy applicable to that Email.
   • Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email.
   • Failing to include in each Email your valid physical mailing address or a link to that information.
   • Including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email that encourages a recipient to forward the Email to another recipient.

If you know of or suspect any violations of this Policy, please notify Ximplify at [email protected]. Ximplify will determine compliance with this Policy in its sole discretion.