2. CHANGED TERMS
(i) Benbria shall have the right at any time to modify the AUP. Any use of the Service by you after such modifications shall constitute your acceptance of such modifications.
3. CUSTOMER AND USER CONDUCT
(i) The AUP is intended to protect the Service, Benbria and any Customers and Users of the Service from allegations of improper, inappropriate, abusive or illegal conduct. When using the Service it is your responsibility to comply with the AUP and to ensure that you are adhering to all applicable laws, rules, regulations, and commonly accepted practices of the Internet community. The prohibited uses described below are intended as guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list.
(ii) Benbria does not provide any guarantees regarding, and assumes no liability for, the security and integrity of any data or information you store or transmit via the Service or the Internet, including any data or information stored or transmitted by any computer designated as “secure.” Users of the Service shall report to Benbria any issue that could compromise the security or integrity of the Service or anyone using or providing capabilities for the Service as soon as reasonably practicable.
(iii) When a Customer sends any e-mail, text message, instant message or social media message containing informational or commercial content to a User, the Customer must comply with Canada’s anti-spam legislation. Such messages will be considered unsolicited unless they are sent to a User who expressly requested receipt of such message via an “opt-in” process. It is Customer’s responsibility to prove using written evidence that each User including on any message list has expressly requested inclusion on such e-mail, text message, instant message or social media message list. In the absence of positive, verifiable proof to the contrary, Benbria will consider any complaint by a User about an e-mail, text, instant message or social media message sent by a Customer to such User to be de-facto proof that the User did not consent to the message about which the complaint was made.
4. INTENDED USES OF THE SOFTWARE
(i) Loop is intended to encourage Users to provide input relating to Users’ experience with a product or service provided by a Customer. Loop is intended to facilitate delivery of User input about that User’s experience directly to employees of a Customer who is providing a product or service and to facilitate further exchanges between the User and the Customer that is providing the product or service. The collection of messages exchanged between a User and a Customer that is providing a product or service is called a “Loop”.
(ii) Intended uses of the Service include:
(a) Facilitating the delivery of positive or negative User input to a Customer who is providing a product or service;
(b) Facilitating exchanges between a User and a Customer who is providing a product or service while both participants work towards a resolution of such User’s issue;
(c) Viewing by a User of the Loops that the User has created and which are stored on the Service;
(d) Administration by a Customer of information relating to its Loops stored on Service, including, without limitation, the Customer’s contact information, locations, employees and Customer input categories;
(e) Viewing by a Customer of reports and other compiled data stored on the Service; and
(f) Monitoring of Loop content by a Benbria employee or agent for content that may violate the AUP.
5. PROHIBITED USES OF THE SERVICE, INCLUDE THE FOLLOWING.
(i) Transmission, distribution, retrieval or storage of any data or other material through or via the Service in violation of any applicable law or regulation is prohibited. This includes, without limitation, a prohibition against using Loop to transmit or disseminate any:
(a) material that infringes, misappropriates or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the right or legal obligations of any wireless or Internet service provider or those imposed on any of its subscribers;
(b) material or data that is illegal or material or data, as determined by Benbria (in Benbria’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, tortious, hateful or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Benbria or any third-party service provider involved in the provision of the Service;
(c) material or data that is illegal, drugs-related (e.g., heroin, cocaine), pornographic-related (e.g., explicit sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., threats, intimidation), hate-related (e.g. racist organizations);
(d) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
(e) material or information that is false, misleading, or inaccurate; and/or
(f) material that would expose Benbria, any third-party service provider involved in providing the Service, or any other third party to liability.
(ii) Sending unsolicited bulk email (“UBE” or “spam”) is prohibited. The sending of any form of UBE or spam through the Service is prohibited, including the sending of bulk or unsolicited electronic mail, text (SMS) messages, instant messages or social media messages in an improper or illegal manner.
(iii) Running unconfirmed mailing lists is prohibited. Subscribing email addresses, telephone numbers or social media accounts to any mailing list without the express and verifiable permission of the owner is prohibited. All mailing lists run by Customers must be express opt-in and must establish consent for each intended use and in all instances must comply with Canada’s anti-spam legislation. The subscription confirmation message received from each owner must be kept on file for the duration of the existence of the mailing list. Each owner must be provided with a simple procedure for withdrawal of consent.
(iv) Attempting to gain unauthorized access to an account or computer resource not belonging to you and/or purposely altering or forging your identity is prohibited. Sending any message or transmitting any electronic communication using a name or address other than your own for purposes of deception is prohibited. Impersonating someone else by altering your source IP address or by using forged headers or other identity information is prohibited. Fraudulently concealing, forging or otherwise falsifying your identity in connection with any use of the Service is prohibited. Engaging in any activities that may interfere with the ability of others to access or use the Service or the Internet (e.g. denial of service attacks) is prohibited. Monitoring any data, information or communications on any network or system (including the Service) that is not owned by you or without authorization is prohibited.
(v) Repeated use of the Service that may constitute spamming or harassment is prohibited. Benbria reserves the right to limit the number of Loops created by a single User within a specific time period or to terminate the Service for Users violate this restriction.
6. CUSTOMER RESPONSIBILITY FOR CUSTOMER’S USERS
(i) Each Customer is responsible for the activities of its employees in using that Customer’s Service accounts and passwords. Each Customer is also responsible for notifying each of its Users about the AUP. Each User is responsible for its actions using the Service and for compliance with the AUP. Complaints about Customers or Users will be forwarded to Benbria’s customer administrator for action. Benbria shall have the right to terminate any Customer’s or User’s use of the Service, with or without notice, if that Customer or User violates the AUP, as determined by Benbria.
7. COOPERATION WITH INVESTIGATIONS
(i) Benbria will cooperate with appropriate law enforcement and other governmental agencies and other persons or entities authorized to investigate claims of illegal or inappropriate activity, and shall have no liability to you or any third party for any actions taken in connection with such cooperation. All Customers and Users of the Service shall assist Benbria in such investigations as reasonably required.
8. NOTIFICATION OF VIOLATION
(i) If you become aware of any violation of the AUP by any person, including Users or third parties, you must notify Benbria via e-mail at firstname.lastname@example.org as soon as reasonably practicable or through your designated Account Manager at Benbria.