Acceptable Use PolicyEffective as of June 01, 2020
This MachEye Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (MachEye), whether we provide it directly or use another party to provide it to you (each, a "MachEye Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the MachEye Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the MachEye Service unless you agree to them. By using the MachEye Service, you are agreeing to these terms.
If you are using any MachEye Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of MachEye Services pursuant to our Customer Terms of Service for violations of this AUP.
We periodically update these terms and the latest copy will be posted on our website. You agree to review the AUP on a regular basis and always remain in compliance.
- Reporting Suspected Violations
- No Disruption
- Proper Usage of the MachEye Service
- Restricted Industries
- MachEye Trademark Use
- Copyright Infringement
- General Terms
1. Reporting Suspected Violations
We encourage recipients of email messages sent using the MachEye Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to abuse@MachEye.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.
If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.
2. No Disruption
You agree not to use the MachEye Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes 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 MachEye 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 (without limitation): 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. You also agree not to use the MachEye Service in a way that causes or may cause any MachEye IP addresses, MachEye domains, or MachEye customer domains to be blacklisted. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
3. Proper Usage of the MachEye Service
Without limiting the other requirements in this AUP, you may not (directly or indirectly) use the MachEye 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 ofprivacy 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 ina file that is uploaded;
- restricts or inhibits any other user of the MachEye Service from using and enjoying our website and/or the MachEye 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 any ISP, ESP, or news or user group (and including byway of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
- is legally actionable between private parties;
- is not a good faith use of the service, such as uploading Contacts in excess of your Contact tier, emailing those Contacts and then purging them shortly thereafter; 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 Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data andthe protection of privacy in the electronic communications sector ('Directive on Privacy and Electronic Communications'), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American StockExchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient's country of residence;
- encourages, promotes, facilitates or instructs others to engage in illegal activity;
- promotes, encourages, or facilitates: hate speech, violence, discriminationbased on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.
- If you use any of our developer tools including Application Programming Interfaces (APIs), developer tools, or associated software, you will comply with our Developer Terms at https://legal.MachEye.com/MachEye-developer-terms.
You will use the MachEye Service for your internal business purposes and will not: (i) willfully tamper with the security of the MachEye Service or tamper with our customer accounts; (ii) access data on the MachEye Service not intended for you; (iii) log into a server or account on the MachEye Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any MachEye Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the MachEye Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the MachEye Service or make the MachEye Service available to a third party other than as contemplated in your subscription to the MachEye Service; (vii) use the MachEye Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the MachEye Service without our prior written consent.
4. Restricted Industries
Some industries have higher than average abuse complaints, which can directly impact our ability to provide the MachEye Service to other customers. To protect our customers, we reserve the right to discontinue your use of the MachEye Services if you are in one of these industries. Some examples include:
- Escort and dating services
- Pharmaceutical products
- Work from home, make money online, and lead generating opportunities
- Gambling services or products
- Multi-level marketing or affiliate marketing
- List brokers or list rental services
- Selling 'Likes' or followers for a social media platform
5. MachEye Trademark Use
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the MachEye Service, or any identifier or tag generated by the MachEye Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
6. Copyright Infringement
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the product / website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification (a “DCMA Notice”) to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”)
Our designated Copyright Agent to receive DMCA Notices is:MachEye, Inc.
Attn: General Counsel
226 Airport Pkwy, Suite 420, San Jose CA 95110, USA.
Copy to email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
7. General Terms
We may immediately suspend your access to the MachEye Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our Customer Terms of Service and, if you breach this AUP, we may terminate your subscription agreement for cause. You acknowledge we may disclose information regarding your use of any MachEye Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.
We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.
MachEye may change this Policy by posting an updated version of the Policy at www.macheye.com and such updates will be effective upon posting