Acceptable Use of Website and Service
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND SERVICE, AND USE THEM AT YOUR OWN RISK. SENDVIPER DOES NOT CONTROL THE CONTENT, TIMING, FREQUENCY OR RECIPIENT OF ANY USER TRANSMISSIONS, AND EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR, WITHOUT LIMITATION, YOUR USE OF THE WEBSITE AND SERVICE AND THIRD-PARTY USE OF THE WEBSITE AND SERVICE. SENDVIPER IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR THE CONDUCT OF ITS WEBSITE VISITORS OR USERS OF THE SERVICE. YOU EXPRESSLY AND UNCONDTIONALLY AGREE TO DEFEND, INDEMNIFY AND HOLD SENDVIPER HARMLESS FROM ANY AND ALL CLAIMS THAT MAY RESULT FROM THE USE OF THE WEBSITE OR SERVICE.
You expressly agree that you will adhere to all terms set forth herein, as well as our Best Practices, and only use the Website and Service in a manner reasonably contemplated by SendViper. The Service is intended to be used solely in conjunction with your email campaigns. You further agree that your use of the Website and Service shall be consistent with applicable laws, rules and regulations, including, without limitation, United States export control laws and those pertaining to email marketing, electronic communication, data use and collection, and privacy. You are solely responsible for securing the necessary permissions to permit us to receive data and otherwise send communications on your behalf. SendViper reserves the right to review and utilize your email campaign content and related data to help us monitor and improve the Service. We shall be the sole arbiter of what constitutes a violation of this Agreement and our decision to review, suspend, throttle and/or disable accounts shall be final and binding.
Prohibited Uses. You agree not to do any of the following in connection with the Website or Service:
i. Violate the terms of this Agreement or other SendViper terms and policies, expressly incorporated herein.
ii. Host images on SendViper servers for any purpose not contemplated herein;
iii. Participate in any activity in violation of any applicable state, federal or international laws, rules or regulations, including, without limitation, any activity that violates the federal CAN-SPAM Act of 2003, Cal. Bus. & Prof Code § 17529.5 or other state or international anti-SPAM legislation;
iv. Send email: that will be delivered to recipients as an SMS text or MMS message, or as an MSCM commercial electronic mail message sent to any address containing a reference to an Internet domain listed on the FCC’s wireless domain names list;
v. Modify your list in order to circumvent SendViper billing thresholds;
vi. Import for free and/or purchase pre-existing leads;
vii. Use purchased, rented, leased or third-party lists of email addresses;
viii. Use any automated methods or processes to create user accounts or access the Website or Service other than for their intended purpose;
ix. Use the Website or Service in any unlawful manner or in a manner that is harmful to or violates the rights of others (e.g., use text, graphics and photos that you do not have the right to use);
x. Transmit or store any information, data or material in violation of any applicable laws, rules or regulations;
xi. Engage in any unlawful, harassing, hate mongering, racial, ethnic, obscene, intimidating, threatening, predatory, stalking, fraudulent, misleading or otherwise objectionable conduct;
xii. Offer types of services, products, or content: adult-related/escort and dating; casino and gambling; pharmaceutical; and/or hate and terrorist;
xiii. Use the Website or Service in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Website or Service, or interfere with or attempt to interfere with any other user’s use of the Website or Service;
xiv . Impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
x v. Use any scripts, bots or other automated technology to scrape or access the Website or Service;
xvi. Copy, translate, port, modify, make derivative works of, incorporate into or with other software, disassemble, decompile, or otherwise reverse engineer, or otherwise attempt to learn, derive or discover the source code, source files, structure, underlying user interface techniques, underlying ideas or underlying algorithms of, the SendViper Website or Service by any means;
xvii. “Frame” or “mirror” any part of the Website or Service, without our prior written authorization;
xviii. Use meta tags or code or other devices containing any reference to SendViper or the Website or Service in order to direct any person to any other website for any purpose;
xix . Attempt to access the Service or area of the Website unless access is authorized;
x x. Infringe upon SendViper’s proprietary rights and intellectual property;
xxi. Permit or allow other people or third-parties to access and use the Website or Service via your account password (you may not share your password); or
xxii. Make any representations or warranties concerning SendViper’s products or services.