The agreement incorporates the Acceptable Use Policy by reference, binding customers to its restrictions as part of the Terms of Service, with violations of the AUP constituting grounds for account termination under the suspension provisions.
This analysis describes what ActiveCampaign's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Incorporation by reference means that the operational restrictions governing permitted platform use, including email content standards, prohibited industries, and sending behavior requirements, are contractually binding even though they are contained in a separate document that may be updated independently.
Interpretive note: The full scope of AUP restrictions is contained in a separate document not fully reproduced in the terms as reviewed; interpretive confidence for the combined contractual obligations is limited to the incorporation mechanism itself.
The agreement binds customers to the Acceptable Use Policy as a contractual obligation; violations of that separate document can trigger the account suspension and termination provisions stated in the Terms of Service.
How other platforms handle this
In addition to these Terms, you also agree to: Our Acceptable Use Policy ("AUP"): https://legal.kajabi.com/policies/aup
Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama 3 models (currently available at https://llama.meta.com/llama3/use-policy), which is hereby incorporated by referen...
Your use of the Service is subject to Comcast's Acceptable Use Policy (AUP), which is incorporated herein by reference and which may be updated from time to time. Violation of the AUP may result in immediate termination of your Service.
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"Your use of the Services is subject to ActiveCampaign's Acceptable Use Policy, which is incorporated herein by reference. You agree not to use the Services in any manner that violates the Acceptable Use Policy, applicable law, or the rights of any third party.— Excerpt from ActiveCampaign's ActiveCampaign Terms of Service
1. REGULATORY LANDSCAPE: Acceptable use policies for email marketing platforms intersect with CAN-SPAM, CASL, and GDPR requirements for lawful commercial messaging. The FTC enforces CAN-SPAM, which establishes minimum requirements for commercial email content, opt-out mechanisms, and sender identification that the AUP is likely intended to reinforce. The AUP's specific content restrictions are not fully reproduced in the Terms of Service as reviewed. 2. GOVERNANCE EXPOSURE: Medium. Because the AUP is a separate, independently updatable document incorporated by reference, changes to the AUP may alter customers' contractual obligations without a separate notice process specific to AUP modifications. Compliance teams should monitor both documents for updates. 3. JURISDICTION FLAGS: AUP provisions that restrict certain industries or use cases may have different implications depending on jurisdiction. Customers in regulated industries such as healthcare, financial services, or cannabis should review the AUP for industry-specific restrictions that may affect their use of the platform. 4. CONTRACT AND VENDOR IMPLICATIONS: The AUP is a live document incorporated by reference, meaning its terms may change without triggering the same modification notice process applicable to the main Terms of Service. Procurement teams should review the current AUP as part of initial onboarding and establish a review cadence for updates. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should obtain and review the current version of the ActiveCampaign Acceptable Use Policy and assess whether any existing or planned platform use cases implicate AUP restrictions. Marketing operations teams should be briefed on AUP requirements, particularly those related to prohibited content categories, sending frequency limits, and opt-out processing obligations.
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Incorporation by reference means that the operational restrictions governing permitted platform use, including email content standards, prohibited industries, and sending behavior requirements, are contractually binding even though they are contained in a separate document that may be updated independently.
The agreement binds customers to the Acceptable Use Policy as a contractual obligation; violations of that separate document can trigger the account suspension and termination provisions stated in the Terms of Service.
ConductAtlas has identified this type of provision across 13 platforms. See the full comparison.
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