Boingnet Usage Terms & Conditions

Last modified April 7, 2016

This Boingnet – Usage Terms & Conditions (“BUT&C”) applies to the use of any product, service or website provided by us (Boingnet), whether we provide it directly or use another party to provide it to you (each, a “Boingnet Service”). This BUT&C is designed to ensure compliance with the laws and regulations that apply to the Boingnet Service. This BUT&C 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 Boingnet Service unless you agree to them. By using the Boingnet Service, you are agreeing to these terms.

If you are using any Boingnet Service, this BUT&C applies to you. Every client of ours agrees to abide by this BUT&C and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this BUT&C. We will enforce and ensure compliance with this BUT&C by using methods we consider to be appropriate, such as complaint and email or other message failure monitoring.

We periodically update these terms and we will let you know when we do through the Notification app in the Boingnet portal used to access your Boingnet subscription (if you have one), or by posting a revised copy on our website. You agree to review the BUT&C on a regular basis and always remain in compliance.

1. Reporting Suspected Violations

We encourage recipients of messages sent using the Boingnet Service to report suspected violations of this BUT&C to us by forwarding a copy of the received message with FULL headers to abuse@boingnet.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 BUT&C, you will promptly notify us in writing of the known or suspected violation of this BUT&C.

2. No SPAM Permitted

You may not use the Boingnet Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”) in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, or (d) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below).

3. Prohibited Email Content and Formatting; Email Best Practices

Email sent, or caused to be sent to or through the Boingnet Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

If you use email, we recommend that you adopt the Messaging, Malware and Mobile Anti-Abuse Working Group (M³AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available at https://www.m3aawg.org/sites/default/files/document/M3AAWG_Senders_BCP_Ver3-2015-02.pdf.

4. Messaging Opt-out Requirements

You warrant that each Messaging you send or is sent for you using the Boingnet Service will contain: (a) header information that is not false or misleading; and (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this BUT&C be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information). These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” and similar requests for any and all messaging channels.

5. Email, SMS/Text, Social Media and other Messaging (Collectively “Messages” or “Messaging Services”) Terms

Acceptable Use of Messaging Services

Boingnet will not have any liability with regards to the Messaging Services and any actions resulting from your use of the Messaging Services.

1. The Service may not be used for the sending of unsolicited email or SMS or other messages (sometimes called “Spam”).
2. You agree to use a Boingnet List Cleaning Service (either MaxProtect Clean or Basic Clean) prior to the sending of any email campaigns to any list.
3. You agree that you will use the Basic Clean service only for lists that are 100% Opted in, and whose contacts are expecting to receive emails from you.
4. You agree that for all other lists (Purchased, Rented, Appended, 3^rd Party, Trade Show Lists, Prospecting Lists, Sales Lists that haven’t opted in and similar lists) you will use the MaxProtect List Clean service. This is a premium services that requires the purchase of credits in order to use.
5. You agree that should your list quality be so poor that it triggers account disablement procedures from Boingnet’s email service partners such as Mailgun, Sendgrid or others, that you will be billed at a rate of $100 per hour and will pay for Boingnet personnel to re-establish service with said email service partner(s). An example of a very poor list that can trigger such an event is a list that has a hard bounce rate near or above 5%.
6. You agree that for SMS/Text Messaging, you will only send messages to those have completed a “Double Opt In” process prior to the sending of any marketing messages.  Boingnet provides a Double Opt In service as a part of its SMS/Text Messaging service.
7. You acknowledge and agree that not all messages sent through use of the Service will be received by their intended recipients.
8. Every email message sent by you in connection with the Service must contain the Boingnet Platform “unsubscribe” link that allows the recipient to remove themselves from your mailing list.
9. You acknowledge that every recipient of any marketing SMS/Text Messages may opt out from receiving any future SMS/Text Messages from you by replying “No” to any message sent by you through Boingnet.
10. You will comply with the restrictions on content of messages and activities using the Service as set forth or referenced in this Terms of Service.
11. You acknowledge and agree that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Products.
12. You agree that the “from” line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service.
13. You agree that the “subject” line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message.

6. No Disruption

You agree not to use the Boingnet 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 Boingnet 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 or other message that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

7. Proper Usage of the Boingnet Service

In addition, and without limiting the other requirements in this BUT&C, you may not (directly or indirectly) use the Boingnet 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 of privacy 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 in a file that is uploaded;
• restricts or inhibits any other user of the Boingnet Service from using and enjoying our website and/or the Boingnet 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 by way 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; 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 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), and any regulations having the force of law or laws in force in your or your email recipient’s country of residence.

You will use the Boingnet Service for your internal business purposes and will not: (i) willfully tamper with the security of the Boingnet Service or tamper with our customer accounts; (ii) access data on the Boingnet Service not intended for you; (iii) log into a server or account on the Boingnet Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Boingnet Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Boingnet Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Boingnet Service or make the Boingnet Service available to a third party other than as contemplated in your subscription to the Boingnet Service; (vii) use the Boingnet 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 Boingnet Service without our prior written consent.

8. Boingnet 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 Boingnet Service, or any identifier or tag generated by the Boingnet Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); (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.

9. General Terms

If you breach of this BUT&C we may immediately suspend your access to the Boingnet Service.  We may also terminate your and our subscription agreement for cause if you breach this BUT&C. You acknowledge we may disclose information regarding your use of any Boingnet 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 BUT&C. We further reserve all other rights.

We may update and change any part or all of this BUT&C. The updated BUT&C will become effective and binding on the next business day after it is posted. When we change this BUT&C, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this BUT&C periodically.