TAPMYBACK TERMS AND CONDITIONS
YOU ACCEPT THIS BUILD UP LABS SOFTWARE AS A SERVICE AGREEMENT (TAPMYBACK TERMS AND CONDITIONS) (“AGREEMENT”) BY CLICKING AN ACCEPT BUTTON, BY SIGNING (ELECTRONICALLY OR MANUALLY) THIS AGREEMENT OR AN ORDER FOR THE SERVICES THAT REFERENCES OR INCORPORATES THIS AGREEMENT, OR BY USING THE SERVICES. IF YOU ACCEPT THIS AGREEMENT FOR AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT. THIS AGREEMENT APPLIES UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT IN PLACE EXPRESSLY COVERING THE SERVICES.
a. “Affiliate” is any entity that one of the Parties Controls or that Controls one of the Parties. “Control” means: (a) that entity directly or indirectly owns more than 50% of one of the Parties; or (b) that entity has the ability to direct the affairs of one of the Parties through any lawful means (e.g., a contract that allows control).
b. “Beta Services” means a “beta” or pilot version of part or all of a Service which is not a final release and which may exhibit errors or other inconsistencies.
c. “Build Up Labs” means Build Up Labs, Unipessoal, Lda, or its applicable Affiliates.
d. “Content” means all visual, written or audible communications, files, data documents, videos, recordings, or any other material displayed, posted, uploaded, stored, exchanged or transmitted on or through Your use of the Services or otherwise provided on a Site.
e. “Controller” shall have the meaning in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation.
f. “Documentation” means the technical documentation describing the Services, which may be in electronic or hard copy form.
g. “Feedback” means all spoken or written communications You provide Us regarding the Services.
h. “Order” means an ordering document that identifies the duration, type and quantity of the Services You order under this Agreement and the associated fees. The Order will attach or include a link to the applicable Service Description and/or Documentation.
i. “Personal Data” means any information relating to an identified or identifiable natural person.
k. “Processor” shall have the meaning in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation.
l. “Services” means a Build Up Labs software as a service (SaaS) offering that You purchase with an Order, as described in the applicable Service Description and/or any associated Documentation.
m. “Service Description” means a description of the business and additional terms of the applicable Service(s) that is attached to or references this Agreement (currently located at tapmyback.com, or at another URL designated by Build Up Labs), which is incorporated into this Agreement. A Service Description provides an overview of the Service(s), business terms, and any additional terms related to the Service(s).
n. “Site” means a website or online space related to the Services.
o. “Software” means any software We provide You, for Your use with the Services.
p. “Submission Data” means certain technical data and related usage information that may be collected by certain Services or submitted by You, as set forth in the applicable Service Description. For clarity Submission data excludes Content but may include references to Content (e.g., an error submission report may reference that the User was attempting to upload a video file).
q. “Trademarks” means trade names, logos and other trademarks or service marks.
r. “Term” means the length of time You can use the Services as specified in this Agreement or an Order.
s. “User” means You and Your employees, contractors, agents and/or third parties (invited by You) who use the Services.
t. “We,” “Our” or “Us” means Build Up Labs.
u.”You” or “Your” means the individual, company or other legal entity entering into this Agreement, which may include its Affiliates, as set forth in the applicable Order.
2. Scope of Agreement. This Agreement governs Your access to and use of the Services. We agree to provide You the Services for the Term specified in an Order.
3. Use of the Services. We grant You a limited right to use the Services for Your internal business use during the Term. You may use the Services only as permitted in this Agreement, the Service Description and the Order. You will not resell, reframe, distribute, use on a timeshare, outsourced, or service bureau basis, or otherwise directly commercialize the sale or lease of the use of the Services.
4. Orders. Orders are incorporated into this Agreement by this reference. An Order is effective when You sign or accept (whichever happens first) and We provision the Services. Order acceptance may be subject to Our credit approval process. You may need to provide additional information in order to register for and/or use certain Services. You warrant that the information You provide during the registration process is accurate.
5. Affiliates, Approved Sources or Subcontractors. In certain jurisdictions, We may sell the Services on behalf of a Build Up Labs Affiliate, and/or may have a Build Up Labs Affiliate or subcontractor or partner provide the Services (or some portion of the Services), and/or You may purchase the Services from an Approved Source. While a Build Up Labs Affiliate or subcontractor may provide the Services or some portion of the Services, We are responsible for their performance under this Agreement.
6. Changes to Services. We may enhance and/or change the features of the Services at Our discretion as long as We do not materially reduce the core functionality of the Services. We also may offer additional optional features and/or functionalities in addition to the “standard” Services at an additional cost.
7. Software and Services License and Restrictions.
7.1. You may need to download and install Software to use the Services. If so, We grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software to the extent reasonably required to use the Services and only for the duration that You are entitled to use the Services. You agree that, unless this Agreement or applicable law allows it, You will not (and will not allow third parties invited by You) to:
a. transfer, sublicense, or assign Your right under this license to any other person or entity, unless expressly authorized by Build Up Labs in writing;
b. modify or adapt or create derivative works of the Software or Documentation;
c. reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software, except to the extent allowed by applicable law for interoperability purposes;
d. use the Software to access Services other than the Services You are entitled to use;
e. republish, frame or distribute the Software or Services to third parties, unless You are an Approved Source for the particular Services; or
f. supply proprietary information about the Services, including but not limited to screen shots, product documentation, demonstrations, service descriptions, announcements, or feature roadmaps to unauthorized third parties. You may engage a contractor to assist You with Your implementation or use of the Services so long as: i) the contractor uses the Services according to this Agreement; ii) the contractor acts solely for Your benefit when it uses or implements the Services, and iii) You have a written agreement in place that protects Build Up Labs’ intellectual property and proprietary rights. You will be responsible for the acts or omissions of the contractor as it relates to their use or implementation of the Services.
8. Beta Services. We may offer You the opportunity to use and evaluate Beta Services to get Your Feedback. Beta Services may contain bugs, errors and other problems and You accept the Beta Services “AS-IS.” We give You no warranty of any kind and are not responsible for any sort of problems or issues related to Your use of a Beta Services. You may be required to provide Feedback to use Beta Services. We make no representations, promises or guarantees that the Beta Services will ever be generally released. If a Beta Services is discontinued, unless otherwise provided in a separate written agreement, We will give You reasonable advanced notice that the Beta Service is being discontinued so that You can download Your Content. After that, We may suspend or terminate access to the Beta Service and delete any Content or data on the Beta Service without any liability to You.
9. Evaluation Services. If We give You access to the Services for evaluation purposes, You can only use the Services in a non-production environment and for the period We notify You of in writing. If there is no evaluation period identified, then the Services will be available for thirty (30) days from when You first access the Services. Regardless of any other terms in this Agreement, the Services provided for evaluation purposes are provided “AS-IS” without any express or implied support or warranty of any kind. If You violate this Section, We may charge You fees for Your use.
10. Ancillary and Professional Services. We will provide training and/or support if it is specified in the Order. If We provide training and/or support, We will provide it as described in the applicable Service Description. If Ancillary services (e.g., training or configuration of the Services) are included as a part of the Services, it will be specified in the Service Description or Order. Those ancillary services will be provided pursuant to the applicable Service Description. If You wish to order professional services (e.g., consulting, transformational services, etc.), those services will be subject to a separate written agreement.
11. Subscriptions and Renewals.
11.1. Subscriptions. You will have the following subscriptions options to order the Services:
a. One (1) month Services subscriptions;
b. Six (6) months Services subscriptions;
c. Twelve (12) months Services subscriptions.
11.2. Renewals. Each subscription will be subject to the following renewal term:
a. One (1) month Services subscriptions, immediately renewable with each payment;
b. Six (6) months Services subscriptions, renewable until one (1) month before such subscription term;
c. Twelve (12) months Services subscriptions, renewable until two (2) months before such subscription term.
11.3. Renewal Period Notice: We will inform You one (1) month before of each six (6) and twelve (12) month term that the renewal period is open with indication of the end day for such renewal. You understand that for One (1) month Services subscriptions there will not be such notice. Despite these notices, it is Your responsibility to be aware of such Services subscriptions term, including cancellation requests.
11.4. Post Renewal Period.After the renewal period without payment, Your Services subscriptions will suspend immediately after the applicable Services subscriptions term. Such suspension will continue during thirty (30) days. During such suspension period, You will have:
a. the possibility of paying for the renewal of the Services. You understand and accept that We can include an additional suspension fee to be paid, namely, for administrative costs; or b. remove all your information and Content from the Services.
11.5 Services Subscriptions Closing. With the term of the suspension period Your Subscription will be closed. You understand that following such period We can decide to delete all information and We will not be accountable or liable for such operation.
12. Fees and Payment for the Services. This Section 11 applies to Orders for the Services You place directly with Us. If You order the Services from an Approved Source, Your agreement with the Approved Source will provide the applicable payment terms. a. Payment Terms. The fees for the Services are described in the Order. The fees may also include overage amounts or per use charges, which will be described in the Order, and You agree to pay these amounts or charges if You incur them. You will pay invoices for the Services within thirty (30) days of the invoice date unless the Order specifically states otherwise.
b. Late Payment. If You are late in paying an invoice, any sum not paid by You when due shall bear interest from the due date until paid at the lesser of: (i) ten (10) percent per annum or (ii) the maximum rate permitted by law. In addition, if You are more than thirty (30) days late in paying an invoice, We may suspend the Services with an additional ten (10) days advance written notice to You.
c. Fee Disputes. You may withhold amounts that You reasonably and in good faith dispute as to the amounts owed. You will pay any undisputed fees. If You withhold any payment due to a dispute, You must notify Us in writing of any disputed fees within fifteen (15) days of the invoice date and provide Us with written details about why You dispute the invoice. After We receive notice of the dispute, We will work with You in good faith to resolve the dispute. If we are unable to resolve the dispute within thirty (30) days, Build Up Labs may terminate the Services after giving You an additional ten (10) days advance written notice.
d. Taxes. You shall pay all sales, value added, general standard and similar taxes (exclusive of taxes based on Our net income), levies, duty, or charges imposed by any governmental authority, related to or arising from Our providing or Your use of the Services. Build Up Labs reserves the right to gross up the price for the Services in any invoice if a withholding prevents Build Up Labs from receiving the amount specified in such invoice.
13. Term and Termination.
a. Term and Termination of Orders. The “Initial Term” of an Order starts on the date the Services are available for use by You and lasts for the time period stated in the Order.
b. Term and Termination of Agreement. This Agreement starts on the date You submit Your first Order. Each party may terminate this Agreement and any impacted Orders by giving written notice to the other party if the other party materially breaches this Agreement and does not cure that breach within thirty (30) days after receiving written notice of the breach.
c. Events Upon Termination. If this Agreement is terminated for any reason, subject to the Build Up Labs Acceptable Use Policy (as in Exhibit 1): (i) We will make Your lawful Content available to You for a reasonable period of time and (ii) You will pay Us for the Services(s) provided up to the date of termination.
d. Survival. The following provisions will survive the expiration or termination of this Agreement: Sections 7 and any payment provisions set forth in the Order (as to amounts due and owing as of this Agreement’s expiration or termination date), 12, 13(c), 13(d), 15 (to the extent Build Up Labs has such information), 16, 17, 18, 19 and 20. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of Software within Your control.
Credentials. You agree to promptly notify Us of any unauthorized use of Your account of which You become aware. You agree to use at least reasonable means to protect Your account name, password and other login information from unauthorized disclosure or use by third parties.
15. Privacy and Data Protection.
a. Content. We will not monitor Content, except: (i) as needed to provide, support or improve the provision of the Services, (ii) investigate potential or suspected fraud, (iii) where instructed or permitted by You, or (iv) as otherwise required by law or to exercise or protect Our legal rights.
c. Lawfulness of Processing. You are responsible for the lawfulness of the processing, and when necessary, for obtaining consent from Your Users to this collection, use, processing and transfer of Content and Submission Data.
d. Data Processing Agreement. We will process Your Users Personal Data on behalf of You as the controller. Our processing of any Personal Data of Your Users shall be governed by the Data Processing Agreement as in Exhibit 2. Your use of the Services can only occur if You agree with such Data Processing Agreement.
e. Contact. We may contact You via e-mail or otherwise with information relevant to Your use of the Services and Your payment obligations. Your name and/or email address may also listed in the header of certain communications You initiate through the Services.
a. Ownership of Content. We make no claim to Your Trademarks and Content and We will not sell Your Content to third parties.
b. Responsibility for the Content and Services. You are solely responsible for Your and Your Users’ Content and Your and Your Users’ use of the Services. Unless explicitly provided in a Service Description, We are not liable to You, Your Users or Your customers for any loss or damages arising from any Content. We do not endorse and have no control over what Users submit to a Site. We cannot guarantee the accuracy of any Content provided by You or by other users.
c. License. You grant Us a world-wide, royalty-free, sublicensable license to use, modify, reproduce and distribute the Content, only as reasonably required to provide the Services. Where the Services include a publicly accessible Site with Your Content, We may also publicly perform or publicly display Your Content. You warrant that You have sufficient, lawful non-infringing rights to the Content and to grant the license contained in this Section.
d. Violation. Unless a Service Description explicitly states otherwise, We do not monitor Your Content, Sites, or Use of the Services. You will comply with the Our Acceptable Use Policy, or as otherwise specified in the applicable Service Description. We may investigate any complaints and violations or suspected violations of this Agreement regarding the Content or violations of the AUP that comes to Our attention. If We reasonably determine there is a breach of this Agreement regarding the Content or a violation of the AUP We may take action without liability to remedy the violation, namely refuse to post or remove violating Content, or restricting, suspending, or terminating Your or Your User’s access to a Site or Services. We will make commercially reasonable efforts to notify You before taking such actions so that You can remedy the issue. However, We reserve the right to act immediately if We reasonably believe that allowing such Content or use of the Services would expose Us to civil, regulatory or criminal liability. You agree to indemnify, defend and hold harmless Us from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your or Your Users’ violation of the AUP.
17. Warranty and Warranty Disclaimer.
a. Build Up Labs warrants that the Services will materially comply with its published specifications. If We breach this warranty, We will (at Our option) repair or replace the Services within a reasonable time period or refund the fees for the period in which the Services did not materially conform to its specifications. This is Your only remedy for breach of the warranty above and cannot be used with other relief mechanisms (e.g., You cannot claim a breach of warranty and collect eligible SLA credits for the same event). In order to receive this remedy You must promptly notify Us of a breach of this warranty. The Service Description may provide for additional or substitute warranties or performance standards if expressly provided for in the Service Description.
b. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 16, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE (INCLUDING APPROVED SOURCES) AND OUR SUPPLIERS AND AFFILIATES, (i) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND (ii) MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITES, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. In addition, the Services are not designed or licensed for use in environments requiring fail-safe controls (e.g., energy facilities, aircraft navigation/communication systems, life support or weapons systems).
18. Limitation of Liability.
18.1. Neither party shall be liable for the following:
a. any indirect, incidental, exemplary, special or consequential damages;
b. loss or corruption of data;
c. loss of revenues, profits, goodwill or anticipated sales or savings;
d. procurement of substitute goods and/or services; or
e. interruption to business or wasted administrative time.
18.2. These exclusions apply regardless of the theory of liability, or whether related to Your use or inability to use the Services, or otherwise. These exclusions apply even if either party has been advised of the possibility of such damages. However, the above exclusions will not apply to Your liability for a material breach by You of Build Up Labs’ intellectual or proprietary rights.
18.3 To the extent allowed by law, the maximum liability of Build Up Labs (which includes, collectively, its Affiliates, officers, directors, employees, agents, suppliers and licensors) and any Approved Source to You shall not exceed the fees paid by You to Build Up Labs or any Approved Source during the twelve (12) months before the last event that gave rise to Your claim. This limitation of liability applies whether the claims are contract, tort (including negligence), or otherwise. This limitation of liability for Services is in the aggregate and not per incident. Except for Your breach of Build Up Labs’ intellectual or proprietary rights, neither party may bring a claim under this Agreement more than eighteen (18) months after the event that creates the action or claim.
19. Ownership and Proprietary Rights. Ownership. Build Up Labs and its licensors own all intellectual property rights to the Services, Software and Documentation. This ownership extends to all copies and portions of these items, and all improvements, enhancements, modifications and derivative works to these items. Therefore, Your right to use the Services is a limited right to use, not a transfer of ownership or title, to the Services, Software, and Documentation. Your rights to use the Software and Documentation are limited to those rights expressly granted by this Agreement. You get no other rights to the Software, Documentation, or Services or any related intellectual property rights in the Software. Feedback License. You grant to Us a worldwide, non-exclusive, perpetual, irrevocable license to use or transfer any Feedback You give Us for any purpose. We can also create and distribute any product or service that incorporates Your feedback without paying You any royalties. Use of Your Name and Logo. The Service may allow use of Your Trademarks with the Service. We may use Your Trademarks to create a co-branded Site as part of delivery of the Services if so indicated in the Order. Nothing in this Agreement transfers to Us any rights or ownership in or to Your Trademarks. Infringement Concerns. If You believe that Your copyright or other rights have been infringed by Content on the Services, please contact Us for notice of claims of copyright infringement at [email protected]
20.1 Assignment. We may assign Our rights and delegate Our obligations in whole or in part to an Affiliate or subcontractor without Your consent. Other than the above, neither party may assign or delegate this Agreement.
20.2 Order of Precedence and Integration. If any provision of this Agreement and any Service Description(s) or Order conflict, the terms of the Service Description(s) or Order shall control. If any provision of the Order and any Service Description(s) conflict, the terms of the Order shall control. This Agreement (including any documents or sites that are incorporated into the Agreement) is the entire agreement between the parties with respect to the Services and trumps any conflicting or additional terms. Neither party shall be bound by any additional or different terms from those in this Agreement that might appear in any acknowledgements, purchase orders, quotations, proposals, or in any other communications between us, unless those terms are expressly agreed to by a written signed amendment to this Agreement. Any warranties or representations You relied on to enter into this Agreement are in this Agreement.
20.3 Updates to this Agreement. We may update the terms of this Agreement from time to time. If We do, We will post the updated terms or will otherwise notify You. If You renew the Term, or purchase additional Services, after the updated Agreement has been posted, You agree to the updated terms unless Your existing Agreement with Us expressly prohibits updating the Agreement by this mechanism.
20.4 Force Majeure. Except for payment obligations, neither party will be responsible for failure of performance due to causes beyond its reasonable control. Such causes include (without limitation) accidents, severe weather events, acts of God, labor disputes, actions of any government agency, epidemic, pandemic, shortage of materials, acts of terrorism, or the stability or availability of the Internet or connectivity outside of the control of a party.
20.5 Waiver. Failure to enforce any right under this Agreement will not waive that right.
20.6 Severability. If any particular term of this Agreement is not enforceable, this will not affect any other terms.
20.7 Legal Compliance. You will comply with all applicable laws and regulations related to Your receipt and use of the Services. These laws include (without limitation): (a) data protection and privacy laws and regulations, and, (b) labor laws. It is Your sole responsibility to ensure You have the right to use all features of the Services in Your jurisdiction. The Services may not be available in all countries and it may not be available for use in any particular location. We may modify or discontinue Services features to comply with applicable laws and regulations. Build Up Labs will comply with all applicable laws in the provision of the Services to You. 20.8 Press Releases. Any press release or publication regarding this Agreement is subject to prior written approval of the other party.
20.9 Export Compliance. The Services and Software may be subject to local and extraterritorial export control laws and regulations. You shall comply with such laws and regulations governing use, export, re-export, and transfer of Services and Software and will obtain all required local and extraterritorial authorizations, permits or licenses.
20.10 Governing Law and Jurisdiction.
a. This Agreement will be governed by and construed in accordance with the laws of Portugal without regard to principles of conflict of laws and without regard to the United Nations Convention on the International Sale of Goods. The parties agree that the Courts located in Oporto shall have exclusive jurisdiction over any action arising out of or relating to any provisions contained herein, and waive objection to venue in these courts, and any such action shall be brought and prosecuted only in these courts.
b. Regardless of the above governing law, Build Up Labs may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such Build Up Labs’ intellectual property or proprietary rights.
20.11. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
20.12. Governing Language. This Agreement has been written in the English language, and the parties agree that the English version will govern.
20.13 Third Party Products. Sometimes when you use the Services, You may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between You and the company or person concerned, and You agree that We shall have no liability or obligation relating to those services or goods.
20.14 Notices. We may provide You with notice via email, regular mail and/or postings on Our website. Notices to Us should be sent to Rua 3 da Matinha, 101, 1950-326 Lisbon, Portugal unless this Agreement, Service Description or Order specifically allow other means of notice.
LAST REVISION: 21/02/2018
Build Up Labs Acceptable Use Policy
A. The following Acceptable Use Policy (this “Policy”) describes prohibited uses of the Services offered by Build Up Labs, Lda. and its affiliates (the “Services”) through the Software as a Service TapMyBack located at https://tapmyback.com/ (the “Site”). The examples described in this Policy are not exhaustive.
B. This Policy applies to anyone who uses the Services, including without limitation the legal entity or individual doing business with Build Up Labs (“Customer”), and any third party permitted by the Customer to use or access the Services (“End Users”). Customers are required to inform End Users of this Policy. Customers and End Users are referred to in this Policy as “You.”
C. We may modify this Policy at any time by posting a revised version on the Site. By using the Services or accessing the Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.
D. Build Up Labs excludes and disclaims all liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and Build Up Labs may take any other action it reasonably deems appropriate.
1. No Illegal, Harmful, or Offensive Use or Content
1.1. You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include, namely:
a. Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
b. Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
c. Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
d. Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
2. No Security Violations
2.1 You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include, namely:
a. Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
b. Interception. Monitoring of data or traffic on a System without permission.
c. Falsification of Origin. Forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
3. No Network Abuse
3.1. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include, namely:
a. Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled. Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.b. Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.c. Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.d. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
4. No Email or Other Message Abuse
4.1. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements.
4.2. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
5. Our Monitoring and Enforcement 5.1 We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Site.
5.2 Failure to comply with or breach of this Policy constitutes a material breach of the Terms and Conditions upon which You are permitted to use the Services, and at any time, may result in Build Up Labs taking any and all actions in its sole discretion and with immediate effect (in its reasonable discretion), up to and including:
a. investigate violations of this Policy or misuse of the Services or Site; or
b. warnings; or
c. remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Site; or
d. suspending or terminating access to the Services; or
e. legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
f. further legal action against You.
5.3 We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
6. Reporting of Violations of this Policy
6.1. If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.
6.2. To report any violation of this Policy, please contact us at [email protected]
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