4. Proper Usage of the Spectiv Service
You will respect the limits that apply to your use the Spectiv Service as specified in your agreement with us (the “Service Limits”).
In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Spectiv Service with content, or in a manner that:
4.2.1 is threatening, abusive, harassing, stalking, or defamatory;
4.2.2 is deceptive, false, misleading or fraudulent;
4.2.3 is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
4.2.4 contains vulgar, obscene, indecent or unlawful material;
4.2.5 infringes a third party’s intellectual property right(s);
4.2.6 publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
4.2.7 uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
4.2.8 downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
4.2.9 falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
4.2.10 restricts or inhibits any other user of the Spectiv Service from using and enjoying our website and/or the Spectiv Service;
4.2.11 harvests or otherwise collects information about others, including e-mail addresses, without their consent;
4.2.12 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 by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
4.2.13 is legally actionable between private parties;
4.2.14 is not a good faith use of the service;
4.2.15 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 and the 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 Stock Exchange 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;
4.2.16 encourages, promotes, facilitates or instructs others to engage in illegal activity; or
4.2.17 promotes, encourages, or facilitates: hate speech, violence, discrimination based 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.
Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Spectiv Service, regardless of whether the Spectiv Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Spectiv Service.
You are responsible for moderating user generated content or user activity on your platform or service. User generated content that violates these standards may result in termination of your use of the Spectiv Service.
You will use the Spectiv Service for your internal business purposes and will not: (i) willfully tamper with the security of the Spectiv Service or tamper with our customer accounts; (ii) access data on the Spectiv Service not intended for you; (iii) log into a server or account on the Spectiv Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Spectiv Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Spectiv Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Spectiv Service or make the Spectiv Service available to a third party other than as contemplated in your subscription to the Spectiv Service; (vii) use the Spectiv 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 Spectiv Service without our prior written consent.