HubSpot's Acceptable Use Policy is legally part of your contract, and HubSpot can suspend your access while investigating any suspected violation, even before finding that a violation occurred.
This analysis describes what HubSpot'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
The clause establishes HubSpot's contractual authority to enforce usage restrictions and take enforcement action unilaterally during investigations, creating an operational requirement that customer conduct comply with an external policy document incorporated by reference.
Interpretive note: The scope and update frequency of the separately maintained Acceptable Use Policy introduces ongoing uncertainty about the full range of conduct restrictions applicable at any given time.
Business customers are contractually bound by HubSpot's Acceptable Use Policy in addition to the main terms, meaning violations of the AUP, including by employees using the platform, can trigger suspension or termination even while an investigation is ongoing.
How other platforms handle this
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...
Customer shall not, and shall ensure that Authorized Users do not, use the Service in any manner that: (a) violates applicable laws or regulations; (b) infringes the intellectual property rights of any third party; (c) transmits harmful, offensive, or illegal content; or (d) attempts to reverse engi...
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Squarespace to use all patent, trademark, trade secret, copyright or other ...
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"Customer agrees to use the Service only in accordance with HubSpot's Acceptable Use Policy ('AUP'), which is incorporated herein by reference and available at https://legal.hubspot.com/acceptable-use. HubSpot reserves the right to investigate suspected violations of this Agreement or the AUP and may, in its sole discretion, remove content or suspend access to the Service pending investigation.— Excerpt from HubSpot's HubSpot Terms of Service
REGULATORY LANDSCAPE: Acceptable use enforcement by platform providers intersects with the FTC Act's prohibition on unfair practices where suspension may be applied without adequate procedural protections. CAN-SPAM Act requirements are particularly relevant for customers using HubSpot's email marketing features, as AUP violations often arise from email sending practices. GDPR and CCPA may also be implicated where AUP violations involve personal data misuse. GOVERNANCE EXPOSURE: Medium. The 'sole discretion' standard for content removal and suspension pending investigation, without a defined investigation timeline or restoration process, creates operational uncertainty for businesses dependent on platform access. The incorporation by reference of an externally maintained and independently updatable AUP also creates ongoing monitoring obligations. JURISDICTION FLAGS: EU customers should assess whether HubSpot's AUP enforcement practices are consistent with local data protection requirements, particularly regarding the handling of personal data during investigations. Customers in regulated communications industries should verify that AUP restrictions are consistent with their own regulatory compliance obligations. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should obtain and review the current AUP at contract execution and establish monitoring for updates. Enterprise negotiations should seek defined investigation timelines, cure periods for unintentional violations, and restoration procedures following suspension. The absence of a defined investigation duration creates indefinite suspension risk for businesses that cannot quickly resolve alleged violations. COMPLIANCE CONSIDERATIONS: Compliance teams should integrate the AUP into employee training programs, particularly for users responsible for email campaigns, contact list management, and data uploads. Regular AUP review cycles should be established to identify changes that may require internal policy adjustments or employee retraining.
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The clause establishes HubSpot's contractual authority to enforce usage restrictions and take enforcement action unilaterally during investigations, creating an operational requirement that customer conduct comply with an external policy document incorporated by reference.
Business customers are contractually bound by HubSpot's Acceptable Use Policy in addition to the main terms, meaning violations of the AUP, including by employees using the platform, can trigger suspension or termination even while an investigation is ongoing.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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