Acceptable Use Policy

Last Updated: [DATE]

This Acceptable Use Policy ("AUP") governs the use of Destinatarium's services, including SMTP services, APIs, email delivery infrastructure, webhooks, analytics, tracking features, dashboards, dedicated IPs, shared IPs, and related services (collectively, the "Services").

By accessing or using the Services, you agree to comply with this AUP. Violation of this policy may result in limitation, suspension, or termination of access without prior notice.

1. Purpose

Destinatarium operates email infrastructure that relies on maintaining high standards of security, compliance, deliverability, and sender reputation.

Users must not engage in activities that may negatively affect the Services, infrastructure, domains, IP reputation, customers, recipients, or third parties.

2. Prohibited Activities

2.1 Spam and Unsolicited Messages

• Unsolicited commercial email.
• Bulk email sent without recipient consent.
• Purchased mailing lists.
• Rented mailing lists.
• Scraped email addresses.
• Harvested contact databases.
• Email campaigns that violate anti-spam laws.

Customers must maintain a lawful basis for contacting recipients.

2.2 Fraudulent or Deceptive Activities

• Phishing campaigns.
• Credential harvesting.
• Identity theft.
• Impersonation.
• Social engineering attacks.
• Financial scams.
• Investment scams.
• Cryptocurrency scams.
• Fake invoices or payment requests.
• Pyramid schemes.

2.3 Malicious Content

• Malware.
• Viruses.
• Worms.
• Trojans.
• Ransomware.
• Spyware.
• Malicious attachments.
• Malicious links.

2.4 Illegal Activities

• Intellectual property infringement.
• Child exploitation material.
• Human trafficking.
• Illegal gambling.
• Unauthorized access to systems.
• Sale of illegal goods or services.

2.5 Security Abuse

• Attempting to bypass platform restrictions.
• Interfering with security mechanisms.
• Unauthorized vulnerability testing.
• Abusing APIs or infrastructure.
• Circumventing rate limits.
• Facilitating cyberattacks.

3. Transactional Use Requirements

Customers must not misrepresent marketing, promotional, newsletter, bulk, or advertising content as transactional communications.

Destinatarium reserves the right to classify message categories and apply restrictions when message content appears inconsistent with the declared use case.

4. Sender Reputation Requirements

Destinatarium may monitor:

• Bounce rates.
• Complaint rates.
• Spam trap hits.
• Domain reputation.
• IP reputation.
• Delivery performance.
• Authentication compliance.

Customers must properly configure and maintain SPF and DKIM records. Destinatarium may require DMARC policies where appropriate.

Accounts generating excessive hard bounces, invalid recipients, repeated delivery failures, or unusual complaint rates may be restricted or suspended.

Operational thresholds may be modified and are not required to be publicly disclosed.

5. Tracking Features

Destinatarium provides optional open tracking and click tracking functionality.

Customers are solely responsible for ensuring compliance with applicable privacy, data protection, electronic communications, and marketing regulations.

6. High-Risk Industries

Destinatarium may restrict, review, or refuse service to industries considered high-risk, including:

• Cryptocurrency projects.
• ICOs and token sales.
• Gambling services.
• Adult content.
• Affiliate marketing networks.
• Multi-level marketing (MLM).
• Payday loans.
• Debt collection services.
• Lead generation businesses.
• Purchased-contact businesses.
• High-risk financial services.

7. Dedicated IP Addresses and Warmup

Dedicated IP addresses remain the property of Destinatarium.

Customers assigned dedicated IPs are responsible for maintaining sending practices that preserve reputation and deliverability.

Destinatarium may require domain warmup, sender warmup, or IP warmup periods before permitting full-volume sending.

Dedicated IPs may be revoked, suspended, reassigned, or restricted if abuse, inactivity, reputational damage, or compliance concerns are detected.

8. Free Plan and Account Abuse

The creation or use of multiple accounts to circumvent quotas, restrictions, pricing plans, or platform controls is prohibited.

9. Prohibited Evasion Techniques

• Domain rotation.
• Sender rotation.
• Account rotation.
• Subdomain cycling.
• IP reputation evasion.
• Any technique intended to bypass enforcement actions.

10. Verification Requirements

Destinatarium may require identity verification, business verification, domain ownership verification, or additional documentation at any time.

Failure to provide requested information may result in restriction, suspension, or termination of Services.

11. Monitoring and Enforcement

Destinatarium may utilize automated and manual systems to identify spam, fraud, abuse, unusual sending patterns, or activities that may threaten platform integrity.

Destinatarium reserves the right to:

• Review account activity.
• Review sending behavior.
• Request consent records.
• Request sender verification.
• Request domain verification.
• Limit sending volumes.
• Suspend individual domains.
• Suspend API keys.
• Suspend SMTP credentials.
• Suspend webhooks.
• Suspend accounts.
• Terminate accounts.

12. Consent Evidence

Customers must be able to demonstrate recipient consent upon request.

Evidence may include:

• Signup records.
• Subscription timestamps.
• Opt-in forms.
• Source URLs.
• Audit logs.

13. Infrastructure Protection

Destinatarium may impose temporary or permanent restrictions whenever necessary to protect:

• Shared IP reputation.
• Dedicated IP reputation.
• Domain reputation.
• Infrastructure stability.
• Service availability.
• Other customers.

Such restrictions may be imposed regardless of purchased quotas, plans, or usage limits.

14. Blacklist Events

If customer activity causes Destinatarium infrastructure, domains, or IP addresses to appear on public or private blocklists, Destinatarium may immediately suspend affected accounts.

15. Immediate Suspension

Destinatarium is not obligated to provide advance notice before restricting or suspending accounts when platform integrity, security, deliverability, infrastructure stability, or reputation may be affected.

16. No Deliverability Guarantee

Destinatarium does not guarantee inbox placement, delivery rates, open rates, click rates, or acceptance by recipient mail providers.

17. No Obligation to Provide Service

Destinatarium reserves the right, at its sole discretion, to refuse service, reject registrations, deny access, limit functionality, suspend resources, or terminate accounts when necessary to protect the Services, infrastructure, customers, or platform reputation.

18. Appeals

Suspended customers may submit an appeal for review. Submission of an appeal does not guarantee restoration of service.

19. Cooperation with Authorities

Destinatarium may cooperate with lawful requests from courts, regulators, law enforcement agencies, and other competent authorities.

20. Reporting Abuse

Abuse reports may be sent to: abuse@destinatarium.com

21. Changes to this Policy

Destinatarium may modify this Acceptable Use Policy at any time. Continued use of the Services after publication of updated versions constitutes acceptance of the revised policy.

22. Indemnification for Abuse

Customers agree to defend, indemnify, and hold harmless Destinatarium, its operators, affiliates, contractors, and service providers from and against any claims, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Violation of this Acceptable Use Policy.
• Violation of applicable laws or regulations.
• Unauthorized, unlawful, fraudulent, or abusive use of the Services.
• Transmission of spam, phishing, malware, or other prohibited content.
• Claims brought by recipients, regulators, service providers, or third parties resulting from Customer activity.

23. Recovery of Abuse-Related Costs

Where permitted by applicable law, Destinatarium reserves the right to recover reasonable costs incurred as a result of Customer activities that cause harm to the Services, infrastructure, reputation, or other customers.

Recoverable costs may include, but are not limited to:

• Abuse investigations.
• Security incident response.
• Blacklist monitoring and remediation.
• Reputation recovery efforts.
• Emergency infrastructure mitigation measures.
• Third-party service provider fees arising from abuse incidents.
• Regulatory or compliance response costs directly attributable to Customer conduct.

Nothing in this section limits any other remedies available to Destinatarium under law, equity, contract, or other applicable policies.