Effective Date: 03/22/2018

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 incorporates by reference the definitions set forth in paragraph 1 of the parties’ Software as a Service (SaaS) Subscription and Services Agreement, and if applicable, in the parties’ Data Processing Addendum. This AUP was last modified on March 22, 2018.

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 shall not, and shall not permit any other user or other person to:

  • Restrict or inhibit any other user from using and enjoying the Internet;
  • Post, publish, transmit, reproduce or distribute, or process through the Service or the Company’s systems:
  1. 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;
  2. any content that would give rise to civil liability or regulatory enforcement action;
  3. any Spam;
  4. any Sensitive PII or Special Categories of Personal Data;
  5. any content that is classified and/or data the distribution of which is limited or prohibited by U.S. or non-U.S. laws or regulations, including without limitation U.S. export control laws and regulations or the ITAR (International Traffic in Arms Regulations);
  6. any content the distribution of which would violate laws protecting data privacy, cross-border data transfers, or intellectual property including without limitation copyright, trademark, trade secret, misappropriation and anti-dilution laws;
  7. any information or software, which contains a virus, malware, phishing content or other harmful component; or
  8. 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).

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.