BloomReach Cloud Acceptable Use Policy (AUP)

The acceptable use policy (the "AUP") specifies guidelines for users of BloomReach’s services. BloomReach’s subscribers (“You” or “Your”) are obligated to use BloomReach’s services as agreed to in Your subscription agreement with BloomReach, in compliance with BloomReach’s documentation and according to the AUP. Use of the services may be suspended or terminated for violation of this AUP in accordance with the BloomReach terms and conditions of service. Inquiries regarding this policy should be directed to [email protected]

1. Acceptable Use Policy.
BloomReach’s services shall not be used by any person or entity:  

a. In any way that violates any applicable federal, state, local, or international law or regulation; 

b. To engage in, foster, or promote illegal, abusive, or irresponsible behavior;

c. To obtain unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

d. To monitor data or traffic on any network or system without the express authorization of the owner of the system or network;

e. To Interfere with service to any user of the BloomReach services or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

f. To use an Internet account or computer without the owner's authorization;

g. To collect or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);

h. To collect or using information without the consent of the owner of the information;

i. To use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;

j. To use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;

k. For the use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or

l. For any conduct that is likely to result in retaliation against the BloomReach services, network or website, or the BloomReach's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

2. Excessive Use of System Resources.
You may not use the BloomReach services in a way that unnecessarily interferes with the normal operation of the BloomReach services generally. In such circumstances, we may require You to repair abnormalities in Your code if the operation of the code unnecessary conflicts with other customers' use of their BloomReach services.

3. Bulk or Commercial E-Mail. 
You must obtain BloomReach's advance approval for any bulk or commercial e-mail, which will not be given unless You are able to demonstrate, at a minimum, that:

a. Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

b. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

c. You retain evidence of the recipient's consent in a form that may be promptly produced on request, and You honor the recipient's and BloomReach's requests to produce consent evidence within 72 hours of receipt of the request;

d. You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; You honor revocations of consent within 48 hours, and You notify recipients that the revocation of their consent will be implemented in 48 hours;

e. You must post an email address for complaints (such as [email protected]) in a conspicuous place on any website associated with the email, You must register that address at abuse.net, and You must promptly respond to messages sent to that address;

f. You must have a Privacy Policy posted for each domain associated with the mailing;

g. You have the means to track anonymous complaints;

h. You must not obscure the source of Your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail;

i. You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.

j. These policies apply to messages sent using the BloomReach services, or to messages sent from any network by You or any person on Your behalf that directly or indirectly refer the recipient to a site hosted via the BloomReach services. In addition, You may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if the list were created by You.

k. BloomReach may test and otherwise monitor Your compliance with its requirements, including requesting opt-in information from a random sample of Your list at any time. In addition, BloomReach may block the transmission of email that violates these provisions.

4. Mail Relays. 

Generally, we do not allow bulk or commercial e-mail to be sent to more than five-thousand (5,000) users per day at a rate of 250 messages every 20 minutes. If You would like to send more than 5,000 messages per day, please contact a member of our support team for additional information.

5. Vulnerability Testing.
You may not attempt to probe, scan, penetrate or test the vulnerability of a BloomReach services, system or network or to breach the BloomReach's security or authentication measures, whether by passive or intrusive techniques, without BloomReach's express written consent.

6. Offensive Content. 
You may not publish, transmit or store on or via the BloomReach's network and equipment any content or links to any content that::

a. Violates any law or suggests illegal activity

b. Contains pornography content  

c.  Is excessively violent, incites violence or threatens violence or contains harassing content or hate speech

d. Is defamatory or violates a person's privacy;

e. Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;

f. Improperly exposes trade secrets or other confidential or proprietary information of another person;

g. Is intended to assist others in defeating technical copyright protections;

h. Infringes on another person's copyright, trade or service mark, patent or other property right;

i. Is otherwise malicious, fraudulent or may result in retaliation against BloomReach by offended viewers.

Content "published or transmitted" via the BloomReach's network or equipment includes web content, email, bulletin board postings, chat and any other type of posting or transmission that relies on the internet.

7. Copyrighted Material

You may not use the BloomReach's network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:

a. You have been expressly authorized in writing by the owner of the copyright for the work to copy the work in that manner; or

b. You are otherwise permitted by established copyright law to copy the work in that manner.

It is BloomReach's policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

8. Other

You must have valid and current information on file with Your domain name registrar for any domain hosted on the BloomReach’s network.

a. You may only use IP addresses assigned to You by BloomReach in connection with Your the BloomReach services.

b. You agree that if the BloomReach IP numbers assigned to Your account are listed on an abuse database like Spamhaus, You will be in violation of this AUP, and BloomReach may take reasonable action to protect its IP numbers, including suspension and/or termination of Your service, regardless of whether the IP numbers were listed as a result of Your actions;

c. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.

BloomReach, Inc. – February 19, 2019