Acceptable Use
This ACCEPTABLE USE POLICY (this “AUP”) describes the proper use of SmartRIA’s Software and Services (terms defined by the Software Services Agreement) by Client, its users, affiliates, and any other individual or entity lawfully and rightfully accessing SmartRIA’s Software and Services via a previously executed Software Services Agreement with SmartRIA. This current version of this AUP is effective as of January 14, 2021 and may be revised by SmartRIA from time to time without notice.
Client shall not engage in, or attempt to engage in: (i) unauthorized access to or use of the Services, data, or the networks or systems, including an attempt to probe, scan or overload a SmartRIA system or the Services, or to breach security or authentication measures without express authorization; (ii) unauthorized monitoring of code, data, or traffic on a system without express authorization; (iii) deliberate attempts to overload a system and broadcast attacks; (iv) an action that imposes an unreasonable or disproportionately large load on SmartRIA’s infrastructure; (v) performance of a program/script/command or sending messages of any kind that are designed to interfere with a user’s terminal session, by any means, including locally or by the Internet; (vi) the use of manual or electronic means to avoid any use limitations placed on the Services, such as timing out; or (vii) any other activity that could be reasonably interpreted as unauthorized access to or interference with the Services.
Client shall not use SmartRIA’s Software or Services to: (i) commit a crime, violate any rights of a person or entity (including intellectual property rights), or violate any local, state, national, or international law, rule or regulation, as applicable; (ii) impersonate a person or entity or to otherwise misrepresent any affiliation with a person or entity; (iii) commit fraud or make fraudulent offers or advertisements (i.e., make money fast schemes, chain letters, pyramid schemes); (iv) transmit harmful or potentially harmful code, including viruses, Trojan horses, worms, time bombs or any other computer programming routines that could damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information; (v) transmit credit card or debit card numbers or other card numbers, or other financial account information such as cardholder name, expiration date, PIN or PIN blocks, service code, or track data from a magnetic strip or chip, unless such data has a necessary compliance or related operational purpose in the Software; (vi) create a false identity or forged email address or header, or phone number, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message or phone call; (vii) circumvent another service offered by SmartRIA, such as subscribing to email archiving for the purpose of archiving email marketing; (viii) harvest data; or (ix) act in a way that will subject SmartRIA to any third-party liability.
Client shall comply with all laws that apply to communications, including wiretapping laws, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, CAN-SPAM Act of 2003 and any other laws or regulations applicable to communications, including any third party policies such as the applicable guidelines published by the Cellular Telecommunications Industry Association, the Mobile Marketing Association. If Client uses the Services in connection with any bulk and commercial email practices Client shall, in accordance with applicable law: (i) obtain the verifiable consent of e-mail recipients via affirmative means; (ii) obtain necessary consents in accordance with applicable law; (iii) retain evidence of consents in a form that may be produced on request; (iv) allow a recipient to revoke consent; (v) post an email address for complaints in a conspicuous place; (vi) have a privacy policy posted for each domain associated with the mailing; (vii) have the means to track anonymous complaints; (viii) not obscure the source of Client e-mail in any manner; and (ix) not attempt to send any message to an email address after such number of rejections as is specified by law.
