Acceptable Use Policy

This Acceptable Use Policy is incorporated by reference into the Customer Terms that link to this webpage. This Acceptable Use Policy controls in the event of any conflict with the remainder of the Customer Terms.

                (a) Technical Restrictions

Customer will not engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including by any automated or non-automated "scraping"; (ii) using any automated system, including "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the servers hosting the Services than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose an unreasonable or disproportionately large load on the infrastructure of the Services; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) impersonating another person or otherwise misrepresenting Customer's affiliation with a person or entity, conducting fraud, hiding or attempting to hide Customer's identity; (ix) interfering with the proper working of the Services; (x) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xi) bypassing the measures Provider may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

Accessing any audiovisual content that may be available on the Services for any purpose or in any manner other than Streaming is expressly prohibited unless explicitly permitted by the functionality of the Services. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Services to an Authorized User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the Authorized User.

                (b) Customer Content Restrictions

Customer is solely responsible for the content of any Customer Content submitted in connection with its use of the Services or made available to Provider's representatives. Customer will not submit any Customer Content, including any User Content, that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that Provider deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal; (vii) contains any information or content that Customer does not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that Customer knows is not correct and current; or (ix) to the extent applicable, violates any school or other applicable policy, including those related to cheating or ethics.

Any Customer Content submitted by Customer does not and will not violate third-party rights of any kind, including any intellectual property rights or rights of privacy. To the extent that the User Content contains music, Customer hereby represents that it is the owner of all the copyright rights, including the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. To the extent legally permissible, Provider reserves the right, but are not obligated, to reject and/or remove any User Content that Provider believes, in its sole discretion, violates any of these provisions. Publishing the User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

                (c) Responsibilities for Customer Content

Provider is not responsible for the content of any Customer Content or the way Customer or its Authorized Users choose to use the Services to store or process any Customer Content. Customer represents that Customer is solely responsible for (i) providing notices and obtaining consents as legally required from its Authorized Users and its customers for the collection, use, processing and transfer of Customer Content in connection with the Services; and (ii) ensuring compliance with all laws in all jurisdictions that may apply to Customer Content provided hereunder, including (a) all applicable international, federal, state, provincial and local laws, rules, and regulations relating to data privacy and security, and (b) all relevant self-regulatory guidelines and principles, including USPS' mailing guidelines, if applicable. Unless otherwise agreed to in writing, Customer may not submit any Customer Content that includes a social security number, passport number, driver's license number, or similar identifier, credit card or debit card number, or any other information which may be subject to specific data privacy and security laws including the Gramm-Leach-Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HiTECH), the Family Educational Rights and Privacy Act of 1974 (FERPA), the Children's Online Privacy Protection Act (COPPA), or the GDPR or any other data which is considered to be sensitive or which could give rise to notification obligations under data breach notification laws. Provider does not make any representations as to the adequacy of the Service to process the Customer Content or to satisfy any legal or compliance requirements which may apply to the Customer Content, other than as described herein.

                (d) Advertising and Marketing Restrictions

Customer will comply with any and all applicable laws, regulations, and industry guidelines and standards regarding consumer notice and choice about online marketing, including, but not limited to, the guidelines set forth by the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). Pursuant to the NAI Code, Customer may not attempt to merge any data or information obtained through use of the Service with any Customer Personal Data that Customer possesses or to re-identify the individual without obtaining the individual's Opt-In Consent. "Opt-In Consent" means that a user takes some affirmative action that manifests the intent to opt-in.

Without limiting the foregoing, Customer is solely responsible for compliance with all laws ”relating to marketing, privacy, and email activities, including but not limited to the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.), the Telemarketing Sales Rule (16 C.F.R. § 310 et seq.) and “do not call” requirements. To the extent required by applicable law, Customer will publicly display privacy policies that accurately disclose its data collection practices, including the types of data collected and purposes for which data is collected by or transferred to third parties, and that feature working mechanisms that conspicuously enable consumers to opt out of data sales. Unless expressly agreed to by PostPilot, PostPilot is not responsible for providing any disclosures to or obtaining any consent from Customer’s consumers under applicable law, and makes no representation or warranty with respect to compliance with any legislation relating to telemarketing, privacy, or email activities. Customer will be responsible for accepting and responding to any communication initiated by a consumer.

In addition, all advertising and promotional material used or distributed in connection with the Services must fully comply with, where applicable:

                   (i) DMA/ANA Ethical Guidelines: https://thedma.org/accountability/ethics-and-compliance/dma-ethical-guidelines/ or any successor link (e.g., https://www.ana.net/content/show/id/accountability-self-regulation), including without limitation with regards to Testimonials and Endorsements.

                   (ii) FTC guidance, including:

                       (1) https://www.ftc.gov/news-events/media-resources/truth-advertising

                       (2) https://www.ftc.gov/news-events/media-resources/truth-advertising/advertisement-endorsements

                       (3) https://www.ftc.gov/news-events/media-resources/truth-advertising/health-claims

                       (4) https://www.ftc.gov/tips-advice/business-center/guidance/dietary-supplements-advertising-guide-industry

                   (iii) applicable Customer privacy policies

                   (iv) the principles and/or best practices set forth within the following websites:

                       (1)   Digital Advertising Alliance (http://www.aboutads.info/)

                       (2)   Mobile Marketing Association, in particular its BestPractices Guide (http://www.mmaglobal.com or successor site)

                       (3)   Federal Communication Commission (http://fcc.gov or successor site), and

                       (4)   Interactive Advertising Bureau, in particular its BestPractices and its Self-Regulatory Guidelines and Behavioral AdvertisingPrinciples (http://www.iab.net or successor site).

                (e) Marketing Restrictions

Under no circumstances may Customer use the Services to facilitate marketing or other communications:

                   (i) Based on known or inferred information about prescription medications, past, present, or potential future health or medical conditions or treatments and/or precise location information;

                   (ii) To advertise firearms, explosives, or other dangerousmaterials;

                   (iii) Unless otherwise expressly agreed by PostPilot, to promote, advertise or refer to alcohol, tobacco, THC or CBD products orservices.

                   (iv) To promote, encourage or engage in terrorism or violence against people, animals, or property; or

                   (v) Targeted to minors under 18 years old.

                (f) Prohibited Content

Content that is expressly prohibited includes the following: (i) Copyright infringement and any materials that may infringe on the rights of third parties; (ii) Misleading materials or deceptively formatted materials; (iii) Sexually explicit, obscene, adult-related or profane content; (iv) Illegal drugs and drug paraphernalia (needles, pipes, etc.); (v) Fraudulent Sweepstakes or contests; (vi) Violence, weapons-related and/or graphic content; (vii) Endorsements and Testimonials: (a) that are not truthful, (b) that are shared without permission, and/or (c) that are provided by an individual who has not used the product; and (viii) any other content that PostPilot may in its sole discretion deem inappropriate or would otherwise tarnish PostPilot's reputation and goodwill.

                (g) Medical Claims

Advertising and promotional material based upon or related to medical conditions must comply with the following: (i) identifiable health-related determinations inferred about individuals, gathered outside of the relationship between individuals and covered entities, should be treated as sensitive. Entities that use or transfer such health-related determinations shall provide notice of such practice and an opportunity to exercise choice with respect to such use or transfer; (ii) The text, appearance, and nature of solicitations directed to individuals on the basis of their health-related data should take into account the sensitive nature of such data; (iii) Sensitive conditions may include: (A) Sexually Transmitted Diseases, (B) Mental Health issues including Anxiety and Depression, and (C) medical issues that may be embarrassing; and (iv) Mailings that include medical claims must have those claims substantiated.

                (h) Updates

PostPilot will have the right to update this Acceptable Use Policy with reasonable notice to Customer.

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