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Acceptable Use Policy

Last Modified: November 18, 2024

This Eksperience Acceptable Use Policy (“AUP”) is made a part of your Eksperience Master Subscription Agreement, in which case it governs the access and use of the Service by you, the Customer, or your Authorized Users. The AUP is also made a part of the Eksperience Site Terms of Service, in which case it governs the access and use of the Site by anyone visiting or accessing the Site. As applicable and as used herein, the Master Subscription Agreement and the Site Terms of Service are referred to as the “Agreement.” Unless expressly defined in the AUP, all capitalized terms used herein will have the meaning assigned to them in the Agreement. The term “you” or “your” as used in the AUP refers to all Customers, and their Authorized Users, and any individual or entity accessing the Site.

This AUP is designed to ensure your compliance with the laws and regulations that apply to the Service and the Site. This AUP also protects the interests of all of our Customers and their clients, as well as our goodwill and reputation. These AUP terms are so important that we cannot provide the Service unless you agree to them. By using the Service or accessing the Site, you are agreeing to these terms and confirm that you have read and understand this AUP.

You agree to abide by this AUP and are responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. EKS will enforce and ensure compliance with this AUP by using methods we consider to be appropriate. EKS may also suspend or terminate your use of Site or the Service for any violations of this AUP.

We periodically update the AUP and we will notify you of such updates by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

  1. Prohibited Email Actions

    a. You may not use the Service or the Site to send spam. Spam can be in the form of bulk email or one to one commercial emails.

    Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.

    One-to-one commercial emails are spam when they violate the CAN-SPAM Act . One-to-one commercial emails are also considered spam if the data processed for purposes of sending that email is in scope of the General Data Protection Regulation (“GDPR”) and you fail to provide notice to individuals and establish a lawful basis of processing.

    You may not use the Site or the Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (i) spam in violation of the CAN-SPAM Act (referenced below) or any other law; (ii) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (iii) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, (iv) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below), or (v) in violation of the GDPR.

    b. You may not use any misleading or false names, addresses, email address, or subject line.

    Email sent, or caused to be sent to or through the Service may not: (i) use or contain invalid or forged headers; (ii) use or contain invalid or non-existent domain names; (iii) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (iv) use other means of deceptive addressing; (v) use a third party's internet domain name without their consent, or be relayed from or through a third party's equipment without the third party’s permission; (vi) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (vii) use EKS trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

    c. You may not email purchased lists.

    You are prohibited from using the Site or the Service to engage in email practices that are likely to have high levels of bounces, increased spam complaints, and the potential for blocklisting by anti-spam providers, including but not limited to the following:

    (i) emailing purchased, rented, or borrowed lists;

    (ii) email appending and/or sending non-permission based email where prohibited (for example, in violation of the consent requirements outlined in Canada’s Anti-Spam Legislation and GDPR, among others);

    (iii) engaging with email recipients or content lists that are likely to result in an excessive number of unsubscribe requests or spam complaints or notices, as determined by acceptable industry practices.

  2. Email Opt-out Requirements

    You warrant that each email you send or is sent for you using the Service will contain:

    a. header information that is not false or misleading; and

    b. an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information).

    These requirements may not apply if the these requirements are not otherwise required by applicable law. You warrant that you will promptly comply with all opt-out, unsubscribe, "do not call" and "do not send" requests.

  3. Telephone, Texting, and Messaging

    If you use the Service to place telephone calls, text messages, or other supported messaging, you must comply with all applicable (i) laws relating to telephone calling, texting, and any other message marketing, including applicable local, state, national or international laws (e.g., the CAN-SPAM Act, TRAI, TCPA or other similar laws and regulations applicable to you); (ii) laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording; and (iii) policies and guidelines of third party service providers, such as network operators and carriers.

    You are prohibited from using or permitting access to use the Service to make emergency calls or to provide or seek emergency services.

    You are solely responsible for any penalties or fines incurred as a result of your non-compliance with this AUP or the Agreement. In addition to the other termination and suspension rights in this AUP, Eksperience may suspend or terminate your access to the Site or the Service if (i) Eksperience receives repetitive complaints from your recipients or third party service providers; or (ii) Eksperience receives an instruction from a third party service provider to suspend or terminate your access to the Site or the Service.

  4. No Disruption

    You agree not to:

    a. use the Site or the Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;

    b. use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser (also for example, scraping or harvesting);

    c. use the Site or the Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Site or the Service;

    d. attempt to gain unauthorized access to the Site or the Service;

    e. access the Site or the Service using another Authorized User's unique login credentials, including reusing or sharing unique login credentials among multiple users;

    f. allow any Authorized Users to access the Service from an embargoed country, or allow access to the Service to anyone included in the U.S. Commerce Department's Denied Persons List, Entry List, the U.S. Treasury Department's list of Specially Designated Nationals, or other similarly sanctioned individuals;

    g. access the Service other than through our interface;

    h. use the Site or the Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property; or

    i. use the Service in a way that causes or may cause any Eksperience IP addresses, Eksperience domains, or Eksperience customer domains to be blacklisted.

    Examples of prohibited actions include (without limitation) include hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program.

    These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

    In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Site or the Service with content, or in a manner that:

    • is threatening, abusive, harassing, stalking, or defamatory;
    • is deceptive, false, misleading or fraudulent;
    • is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
    • contains vulgar, obscene, indecent or unlawful material;
    • infringes a third party's intellectual property right(s);
    • publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
    • uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
    • downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
    • falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
    • restricts or inhibits any other user of the Site or the Service from using and enjoying the Site or Service;
    • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
    • violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
    • is legally actionable between private parties;
    • is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('Directive on Privacy and Electronic Communications'), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your commication recipient's country of residence;
    • encourages, promotes, facilitates or instructs others to engage in illegal activity;
    • promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.

    Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Site and the Service, regardless of whether the Site or the Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Site or the Service.

    You will use the Site or the Service for your personal or internal business purposes and will not: (i) willfully tamper with the security of the Site or the Service or tamper with our user accounts; (ii) access data on the Site or the Service not intended for you; (iii) log into a server or account on the Site or the Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of the Site or the Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Site or the Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Site or the Service or make the Site or the Service available to a third party other than as contemplated in your Agreement; (vii) use the Site or the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Site or the Service without our prior written consent.

  5. Eksperience Trademark Use

    Unless you have our express prior written permission, you may not use any EKS name, logo, tagline or other mark of ours or the Service, or any identifier or tag generated by the Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.

  6. Confidentiality and Equipment.

    Customers and all Authorized Users shall (a) keep your access credentials (e.g., user names and passwords) confidential, and (b) immediately notify EKS if the integrity or security of your access credentials is compromised. You will be responsible for charges incurred under your account, and activity taking place in your account, where such charges and activities were originated using your access credentials.

    You are solely responsible for all equipment and other resources necessary to connect to and communicate with the Service.

  7. General Terms

    a. Suspension. We may immediately suspend your access to the Site or the Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential violation of this AUP. If you violate this AUP, we may terminate your Agreement for cause.

    b. Content. We may choose to remove any prohibited materials and deny access to any person who violates this AUP, and we further reserve all other rights.

    c. Updates. We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at https://legal.eksperience.io/AUP/. When we change this AUP, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.