This Acceptable Use Policy (“AUP”) describes activities that are not allowed in connection with your use of the Mailgun Services. The AUP is incorporated by reference in your Agreement with Mailgun.
Capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement.
Inquiries regarding this policy should be directed to abuse@mailgun.com
You may not use Mailgun’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
You may not publish, transmit or store on or via the Services any content or links to any content that Mailgun reasonably believes:
You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.
You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:
These policies apply to messages sent using the Services, or, if applicable, to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.
You may not attempt to probe, scan, penetrate or test the vulnerability of a Mailgun system or network, or to breach the Mailgun security or authentication measures, whether by passive or intrusive techniques.
Without limiting the application of any other provisions of this AUP, with respect to any of the Services’ email validation features or functionality, you may not:
The Services may not be used in violation of export laws, controls, regulations or sanction policies of the United States or your applicable jurisdiction. The Services may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.
You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:
In addition, you may not use the Services to publish another person’s trade secrets, or to publish information in violation of a duty of confidentiality. It is Mailgun’s policy to terminate the services of customers who are repeat infringers in appropriate circumstances.
If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
You may not use any shared system provided by Mailgun in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may require you to repair coding abnormalities in your application if it unnecessarily conflicts with other Mailgun customers’ use of the Services. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
You are responsible for violations of this AUP by anyone using your Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.
You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Services applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.
You may only use IP addresses assigned to you by Mailgun in connection with your Mailgun Services. You agree that if you register a DNS record or zone on Mailgun managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Mailgun may modify, transfer, or delete such records or zones. You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.
The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP at http://www.mailgun.com/aup, or in the event of a material adverse change to the AUP, by providing you thirty (30) days written notice.
The revised AUP will become effective as to you on the first to occur of: (i) your execution of a new or additional agreement with respect to the Services that incorporates the revised AUP by reference, (ii) the first day of a renewal term for an Agreement that begins at least thirty (30) days after the time that the revised AUP has been posted, or (iii) thirty (30) days following our written notice to you of a material change to the AUP.
If your compliance with the revised AUP would adversely affect your use of the Services, you may elect to terminate the Agreement by giving Mailgun written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these grounds. If you elect to terminate, you may continue using the Services for up to an additional ninety (90) days and we will not enforce the revision as to you during this time, you will continue to be subject to the prior version. If you choose to terminate your Services under this Subsection, we may decide to waive that change as to you and keep your Agreement in place for the remainder of the term.
If you breach the AUP we may suspend or terminate your Services in accordance with the Agreement. We may intercept or block any content or traffic belonging to you or to users where Services are being used unlawfully or not in accordance with this AUP.
No credit will be available under the Agreement for interruptions of service resulting from any AUP violation.
Last revised 6/27/17.
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