Acceptable Use Policy

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Last updated: January 28, 2020

This Acceptable Use Policy (“AUP“) governs Customer’s, and its Authorized User’s, use of the Ungapped Service to ensure compliance with the laws and regulations that apply to the Ungapped Service. This AUP is a part of and is incorporated into the Ungapped Terms of Service located at ungapped.com/legal/terms-of-service (for the purposes of this AUP, the “Agreement”). If any provision of this AUP is inconsistent or conflicts with any provision in the Agreement, this AUP will control solely with respect to the subject matter set forth herein. Capitalized terms used in this AUP but not defined herein have the meanings given to them in the Agreement.

This AUP applies to you if you are using the Ungapped Service. Every customer and user of the Ungapped Service agrees to abide by this AUP and is responsible for any violations resulting from its, or its Authorized Users, use of the Ungapped Service. You are not allowed to assist or engage others in a way that would violate this AUP. If you do not agree or accept this AUP, do not use the Ungapped Service or visit the Ungapped Website.

Prohibited Use of the Ungapped Service

In addition, and without limiting the other requirements in this AUP or the Agreement, you may not (directly or indirectly) use the Ungapped 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 Ungapped Service from using and enjoying the Ungapped Website and/or the Ungapped 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 circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail;

· is legally actionable between private parties; and/or

· is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation, the Federal Trade Commission Act (FTC Act), the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act), the U.S Telephone Consumer Protection Act of 1991 (TCPA), the Do-Not-Call Implementation Act of 2003, and any regulations having the force of law or laws in force in your or your email recipient’s country of residence.

No Spamming

You may not use the Ungapped Service in any way (directly or indirectly) to: (i) distribute content or communications in an unacceptable or illegal manner; (ii) create or send hoax emails or chain emails; (iii) send unsolicited commercial communications or bulk communications (“spam” or “spamming”); (iv) harvest email addresses; (v) use open proxies or relays to allow spamming; (vi) impersonate someone else or use another user’s account without permission; or (vii) collect or attempt to collect personally identifiable information of any person in an unlawful or unauthorized manner.

Prohibited Email Content and Formatting

You acknowledge and agree that any email sent, or caused to be sent to or through the Ungapped 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 Ungapped trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to Ungapped’s trademark usage guidelines. You are prohibited from using the Ungapped Service to email purchased lists.

Email Opt-out Requirements

You represent and warrant that each email you send or is sent for you using the Ungapped Service will contain: (i) header information that is not false or misleading; and (ii) 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 and/or the Agreement) be stopped; and (iii) the process for a recipient to notify you that it wants to unsubscribe, opt-out, or stop this use of its information as set forth in clause (ii). These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law; however, you acknowledge and agree that you are solely responsible (and will be fully liable) for determining whether or not certain laws, regulations, or ordinances are applicable to your activities through the Ungapped Service. You represent and warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.

SMS Text Marketing

You must comply with all laws relating to telephone marketing, including without limitation those specifically referenced above in the Section titled “Prohibited Use of the Ungapped Service”. If you use the Ungapped Service to send SMS text messages, you must also comply with all applicable industry standards, including those applicable guidelines published by the Cellular Telecommunications Industry Association (CTIA) and the Mobile Marketing Association (MMA). You are prohibited from using or permitting access to use the Ungapped Service to make emergency calls or to provide or seek emergency services.

No Disrupting Activities

You agree not to use the Ungapped Service in a way that impacts the normal operation, privacy, integrity or security of another’s property, including, without limitation, another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the Ungapped Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include, but are not limited to, 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.

Trademark Use

The Ungapped name, the Ungapped logo and all related names, logos, product and service names, designs and slogans are trademarks of Ungapped or its affiliates or licensors. You must not use such marks without the prior written permission of Ungapped. All other names, logos, product and service names, designs and slogans on the Ungapped Service are the trademarks of their respective owners.

General Terms

Ungapped reserves the right at any time and without notice, to investigate any suspected breach of this AUP or misuse of the Ungapped Service. In the event You or any of your Authorized Users is in any violation of this AUP, as determined by Ungapped in its sole discretion, Ungapped reserves the right, but assumes no obligation, to: (i) suspend or terminate access to the Ungapped Service; (ii) remove or delete the offending content; (iii) block any offending activity; or (iv) take any other reasonably appropriate actions. Ungapped will not be responsible for any failure or delay on its part in taking any such action.

Ungapped reserves the right to change the terms and conditions of this AUP in its sole discretion from time to time. All such changes will be effective when posted on the Ungapped Website or emailed to Customer at the e-mail designated in Customer’s user account. Customer agrees to review the Ungapped Website periodically for changes. Customer’s continued use of the Ungapped Service and/or Ungapped Software after such changes are made to this AUP and are provided on the Ungapped Website(s) or emailed to Customer will indicate Customer’s acceptance to such changes.

Reporting Violations

If you know of or suspect a violation of this AUP, you will promptly notify us in writing at hello@ungapped.com of the known or suspected violation of this AUP.

Questions or Additional Information

If Customer has questions regarding this AUP, please send an e-mail to hello@ungapped.com.

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