Acceptable Use Policy

This Acceptable Use Policy supplements the SharpSpring Partner Terms, SharpSpring Direct Customer Terms or Client Subscription Agreement between SharpSpring, Inc. (“SharpSpring” or “Company”) and, as applicable, Partner, Customer or Client and governs the use of the SharpSpring Marketing Automation Platform and other SaaS (the “SaaS”). “You” in this Acceptable Use Policy refers to Partner or Client and each individual user Partner or Client authorizes to use the SaaS.

1. User Account, Accuracy, and Security.

   1. User Account. To use the SaaS, you must register and create a user account (“Account”). During the Account creation process, you will be asked to provide information that personally identifies you (“Personal Information”).
   2. Account Information Accuracy. You represent and warrant that all user information you provide in connection with your Account and your use of the SaaS is current, complete, and accurate, and that you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile or by submitting a message through the following webpage: /contact-us/. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. As a non-exhaustive example, you agree that you will not upload a Profile image that is not your likeness. If SharpSpring in its sole discretion believes that the information you provide is not current, complete, or accurate, SharpSpring may refuse you access to the SaaS, or terminate or suspend your access at any time, or both. For additional information, see the Section concerning “User Ability to Access, Update, and Correct Personal Information” in SharpSpring’s Privacy Policy.
   3. No Pseudonyms. You must use your real name on SharpSpring; pseudonyms are not allowed. Any use of a pseudonym violates Section 1.2 (Account Information Accuracy) and is cause for suspension or deletion of your Account.
   4. Account Security. You will also be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other user at any time, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the SaaS. You agree to notify SharpSpring immediately of any unauthorized use of your Account. SharpSpring shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by SharpSpring, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.

2. Consent to Receive Electronic Communications from Company.

   By registering for the SaaS and providing your name, email, postal or residential address, and/or phone number through the SaaS, you hereby expressly consent to receive electronic and other communications from SharpSpring, over the short term and periodically, including email communications. These communications will be about the SaaS, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to support@staging-sharpspringcom.kinsta.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

3. Third Party Websites.

   The SaaS is linked with the websites of third parties (“Third Party Websites”), some of whom may have established relationships with SharpSpring and some of whom may not. SharpSpring does not have control over the content and performance of Third Party Websites. SharpSpring has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, SharpSpring does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. SharpSpring disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.

4. Third Party Integrations.

   SharpSpring offers optional and user-configurable integrations with third party services and applications. By connecting your Account to a third party account, you consent to the continuous release of information about you, of your User Content, and of other data from your Account, to others in accordance with the privacy policies of those third parties. If you do not want to share your information this way, do not use this feature.

5. User Content.

   1. User Content Defined. “User Content” is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute by means of the SaaS, whether in connection with your use of the SaaS or otherwise. This includes, without limitation, personal photos and videos.
   2. You Own Your User Content. SharpSpring does not claim ownership of any User Content. You retain all right, title, and interest, including without limitation all worldwide intellectual property rights, in and to your User Content.
   3. License of User Content. By submitting, uploading, or posting User Content in any form with, through, or to the SaaS, you thereby grant the Company Parties a royalty-free, perpetual, non-exclusive, unrestricted, fully paid-up, worldwide, sublicensable, assignable license to copy or otherwise reproduce, modify, adapt, translate, distribute, enhance, transmit, publicly display or perform, reformat, and/or otherwise use User Content in connection with the operation of the SaaS, or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that the Company Parties may publish or otherwise disclose your personal information in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the Company Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.
   4. Your Representations About User Content. You represent and warrant that you: (a) own all rights, title, and interest in and to all User Content you submit, or are otherwise authorized to grant the rights provided the Company Parties under this section; or (b) have written consent, release, and/or permission of every identifiable individual person in any User Content you submit to use the name and likeness of every identifiable person in the User Content. You agree that you will not submit any User Content that does not fully comply with SharpSpring’s prohibitions against Objectionable Content, as detailed in Section 7 (Objectionable Content).
   5. Company’s Right to Reject User Content. SharpSpring reserves the right, in its sole discretion, to reject any User Content for any reason. The categories specified in Section 7 (Objectionable Content) and Section 8 (Prohibited Uses) are not exhaustive lists of content that SharpSpring reserves the right to remove or deny.

6. Your Responsibility for Defamatory Comments.

   1. You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other content posted or made available through the SaaS that is deemed defamatory or otherwise legally actionable. Under Section 230 of the Federal Communications Decency Act of 1996, SharpSpring is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available through the SaaS.
   2. If you raise or file any claim against SharpSpring for conduct that a Court of Competent Jurisdiction later finds to constitute an “exercise of a publisher’s traditional editorial functions,” or the legal equivalent thereof, you agree to fully and immediately compensate SharpSpring for all losses, liability, damages, costs, and expenses, including without limitation all attorneys’ fees and expenses in defending the action and resolving the matter. If you fail to compensate SharpSpring for any such claim, you hereby agree and authorize SharpSpring to report your Personal Information, including without limitation your unpaid claim, to consumer credit reporting services, collection agencies, and others.

7. Objectionable Content.

   You agree that you shall not use the SaaS to upload, post, transmit, display, perform, or distribute any content, information, or materials that: (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hateful and/or racist terms, or signify hate toward any person or group of people; (f) glamorize the use of illegal substances and/or drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other SharpSpring agreement or policy, including without limitation SharpSpring’s Privacy Policy; (i) disclose another’s personal, confidential, or proprietary information; (j) are false or fraudulent; (k) contains images or videos of individuals captured or posted without their consent; (l) promote self-destructive behavior (including without limitation eating disorders or suicide); or (m) are generally offensive, rude, mean-spirited, or in bad taste, as determined by SharpSpring in its sole discretion (collectively, “Objectionable Content”). SharpSpring disclaims any perceived, implied, or actual duty to monitor content made available through the SaaS, and specifically disclaims any responsibility or liability for information provided on the SaaS. Without limiting any of its other remedies, SharpSpring reserves the right to terminate your use of the SaaS or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. SharpSpring, in its sole discretion, may delete any Objectionable Content from its servers. SharpSpring intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

8. Prohibited Uses.

   SharpSpring imposes certain restrictions on your use of the SaaS. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:

   1. harassing or stalking any person, or contacting any person who has requested not to be contacted;
   2. providing false, misleading, or inaccurate information to SharpSpring or any other person in connection with the SaaS;
   3. impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
   4. modifying or changing the placement and location of any advertisement posted through the SaaS;
   5. without express written permission from SharpSpring, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the SaaS for any use, including without limitation use on Third Party Websites;
   6. accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
   7. attempting to probe, scan, or test the vulnerability of the SaaS, or any associated system or network, or breaching security or authentication measures without proper authorization;
   8. interfering or attempt to interfere with the use of the SaaS by any other user, host, or network, including (without limitation) by means of submitting a malware or exploiting software vulnerabilities;
   9. forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the SaaS (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
   10. while using the SaaS, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
   11. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the SaaS, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall service to determine and/or audit advertising revenues and payments, if applicable
   12. creating additional accounts to promote your (or another’s) business, or causing others to do so; and
   13. paying anyone for interactions on the SaaS

9. Compliance with Law.

   1. Intellectual Property.
      1. You represent and warrant that, when using the SaaS, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the SaaS is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
      2. You hereby represent and warrant that you are the sole and exclusive owner of any User Content that you submit through the SaaS. You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the SaaS. SharpSpring users bear the sole burden of proving that content, information, or other materials do not violate any laws or third-party rights.
   2. Your Responsibility for Loss or Damage; Backup of Data.
      1. You agree that your use of the SaaS is at your sole risk. You will not hold SharpSpring or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the SaaS, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The SaaS may contain bugs, errors, problems, or other limitations.
      2. Importantly, you hereby acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your Account. You agree and understand that it is your responsibility to back up your data to your personal computer or external storage device and to ensure such backups are secure.