Acceptable Use Policy
Compliance with this Acceptable Use Policy (“AUP”) protects the interests of individuals using the Internet, the reputation and goodwill of Adobe, its subsidiaries, and that of those using Adobe services. Ensuring the utmost standards of email marketing is our collective responsibility.
Prohibition against Unsolicited Email/Spam:
Customers must refrain from directly or indirectly sending, transmitting, distributing, or delivering:
(i) Unsolicited bulk email ("spam" or "spamming”) i.e., emails to persons who have not consented to the receipt of such emails by providing their email address in a manner from which consent to receive email may be reasonably implied.
(ii) Email to an address obtained via Internet harvesting or other surreptitious methods (e.g., scraping, renting, purchased list, co-registration, affiliate marketing, incomplete or old lists; or email appending). Adobe defines email appending as a marketing practice that involves taking known Customer Data (name, address, etc.) and matching it against a third-party vendor’s database to obtain email addresses.
(iii) Email that generates abuse/spam complaints or spam trap hits resulting in IP/Domain block listing or other deliverability issues that could have material impact on Adobe or its client’s reputation.
Inclusion of Opt-Out Provision
Customers must ensure all commercial emails sent include a provision for recipients to "opt-out" or revoke permission of receiving any future messages from Customer. To that end, Customer agrees:
(i) To use the unsubscribe tools provided by Adobe; or
(ii) To have procedures in place to allow a recipient to easily opt-out, such as: (a) a clear appended link for recipients to easily opt-out of receiving future messages, or (b) Instructions to reply with the word "Remove" in the subject line; and
(iii) Unsubscribes should be removed without delay with no future messages being sent unless future permission is granted.
Customers transmitting content through Adobe services must not misrepresent or obscure their identity in any way or mislead recipients through use of invalid or forged headers, misleading subject lines or content, or domain names not owned or controlled by Customer.
Customer must not transmit any messages through Adobe services with content that is threatening, abusive, harassing, defamatory, deceptive, false, fraudulent, vulgar, obscene, indecent, or illegal.
Customer is strictly prohibited from transmitting or providing Adobe any sensitive information as that term may be used in applicable laws, or where no laws apply, individuals’ financial account information, sexual preferences, medical or health information, and/or personal information of children protected under any child protection laws.
Notwithstanding the foregoing, if a Marketo Engage Customer is regulated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), has a subscription to encrypt Customer Data at rest, and has signed a Business Associate Addendum with Adobe or its affiliate for its use of Marketo Engage, then Customer is prohibited from transmitting a subset of health information, including medical or health records or information reflecting the payment of such treatment.
AUP Enforcement and Updates
Violations of the AUP will be deemed a material risk to the continued normal operation of Adobe services and may result in immediate revocation of Customer’s license or subscription to use the applicable services. Adobe may review relevant data to determine Customers’ compliance with this AUP.
Adobe reserves the right to update the AUP in accordance with industry best practices and applicable law by posting a revised copy on the Adobe website. Customer agrees to review the AUP on a regular basis and remain in compliance.
Promptly notify Adobe of any known or suspected violation of this AUP or if you are in receipt of a message sent through Adobe’s infrastructure that appears to violate this AUP. Please contact email@example.com and attach the offending email rather than forwarding it.
Date of Last Revision:
May 13, 2019