Acceptable Use Policy

Effective Date: 07/1/2014

This Acceptable Use Policy (AUP) outlines certain actions prohibited by the Company to users of the Company's Listrak electronic service (the "Service"). This AUP was last modified on July 1, 2014.

The Service may only be used for lawful purposes and users of the Service may not violate any applicable local, state, federal or international laws that may apply to use of the Service in the user's local jurisdiction, or any jurisdiction that the user may be subject to in connection with use of the Service. While using the Service, a user may not:

  • Restrict or inhibit any other user from using and enjoying the Internet;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including, but not limited to the US CAN-SPAM Act and the Canadian Anti-SPAM Legislation know as Telecom Regulatory Policy CRTC 2012-183, the U.S. export control laws and regulations, all laws - both foreign and domestic - governing data privacy, storage and transmission, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
  • Post, publish, transmit, reproduce or distribute any information or software, which contains a virus, malware, phishing content or other harmful component;
  • Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); and/or
  • Post, publish, transmit, reproduce or distribute any information using a technique commonly known as "SPAM." An electronic message is "SPAM" if (A) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (B) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.

The user agrees not to maliciously or intentionally interfere with the proper operation of the Service or Listrak's systems, including but not limited to defeating identification procedures, obtaining access beyond that which the user is authorized for, and impairing the availability, reliability, or quality of service for other users. The user further agrees not to use the Service in a manner that interferes with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. The user agrees to adhere to the terms of this AUP.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A USER OR THEIR END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH USER OR END USER AND LISTRAK RESERVES THE RIGHT TO SUSPEND OR TERMINATE SERVICES IMMEDIATELY.