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This Acceptable Use Policy (“Acceptable Use Policy”) applies to the use of any product, service or website to which BetterPlace provides access to Customer (each, a “BetterPlace Service”). This Acceptable Use Policy is designed to ensure compliance with the laws and regulations that apply to the BetterPlace Service. This Acceptable Use Policy also protects the interests of all of BetterPlace’s customers, as well as BetterPlace’s goodwill and reputation. These terms are so important that BetterPlace cannot provide the BetterPlace Services unless Customer agrees to them.

1. PROPER USAGE OF THE BETTERPLACE SERVICE

Customer may not (directly or indirectly) use the BetterPlace 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;
  • transmits infringing, libelous, or otherwise unlawful or tortious material;
  • infringes a third party’s intellectual property right(s) or privacy rights;
  • uses the BetterPlace Service to store or transmit malicious code;
  • attempts to gain unauthorized access to the BetterPlace Service;
  • creates derivative works based on the BetterPlace Service or the BetterPlace Platform, unless Customer has been explicitly authorized by BetterPlace;
  • 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 Customer has all necessary rights and consents to do so;
  • uses or launches any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to BetterPlace’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;
  • 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 Customer knows, 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;
  • damages, disables, overburdens, or impairs any of BetterPlace’s websites or restricts or inhibits any other user of the BetterPlace Service from using and enjoying the BetterPlace website and/or the BetterPlace Service;
  • reverse engineers the BetterPlace Service or the BetterPlace Platform or accesses the BetterPlace Service in order to: (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services; and/or
  • harvests or otherwise collects information about others, including e-mail addresses, without their consent.

Customer will use the BetterPlace Service for its internal business purposes and will not: (i) willfully tamper with the security of the BetterPlace Service or tamper with BetterPlace’s customer accounts; (ii) access the BetterPlace Service other than through the interface provided by BetterPlace; (iii) access data on the BetterPlace Service not intended for Customer; (iv) log into a server or account on the BetterPlace Service that Customer is not authorized to access; (v) attempt to probe, scan or test the vulnerability of any BetterPlace Service or to breach the security or authentication measures without proper authorization; (vi) willfully render any part of the BetterPlace Service unusable; (vii) lease, distribute, license, sell or otherwise commercially exploit the BetterPlace Service or make the BetterPlace Service available to a third party other than as contemplated in Customer’s subscription to the BetterPlace Service; (viii) use the BetterPlace Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; (ix) provide to third parties any evaluation version of the BetterPlace Service without BetterPlace’s prior written consent; or (x) use the BetterPlace Service for any purpose or in any manner that is unlawful under applicable laws or prohibited by under the Master Services Agreement.

2. COMPLIANCE WITH APPLICABLE LAWS

In addition, and without limiting the other requirements in this Acceptable Use Policy, Customer may not (directly or indirectly) use the BetterPlace Service with content, or in a manner that is in violation of any applicable local, state, national or international law or regulation, including anti-corruption, anti-bribery and export control laws and regulations and without limitation:

  • India’s regulations on Unsolicited Commercial Communicated implemented by Telecom Regulatory Authority of India (TRAI) – http://www.nccptrai.gov.in/nccpregistry/; and
  • Any regulations having the force of law or laws in force in the Customer’s or the Customer’s email/SMS/phone call recipient’s country of residence.