Acceptable Use Policy

Introduction

Emissary Software LLC (“Emissary”) requires that all individuals who visit our website at www.emissary.ai (the “Site”) or use our cloud-based service (collectively, the “System”) conducts themselves with respect for others. Specifically, you agree not to:

• use the System to:
  • contact any person who has requested no further contact from you or from the Customer on whose behalf you are contacting such individual;
  • send text messages through the System to individuals who have not consented to receive them from Customer;
  • send text messages to non-approved distribution lists, newsgroups, publicly available press or media addresses or purchased cell phone numbers;
  • send any Message, text, email, or voice or video call, or make any other communication through the System, without first obtaining all consents and providing all notices and disclosures required by applicable law; or fail to honor any opt-out or do-not-contact request, other than Industry Standard Opt-Out Requests (such as "STOP" or "UNSUBSCRIBE") that the System processes automatically.
  • impersonate or attempt to impersonate the Emissary, an Emissary employee, another user, or any other person or entity, or communicate in any deceptive manner; (including, without limitation, by using any other individual’s email address, phone number;
  • access or copy any data or information of a job candidate or other person without his or her consent;
  • use the System to harvest, collect, gather, or assemble information or data regarding any job candidate or other person without his or her consent;
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Emissary or users of the Site or expose them to liability.
  • to stalk, harass, bully, defame, or post threats of violence against others or interfere with another individual’s use and enjoyment of the System;
  • issue fraudulent offers to sell or buy products, services or investments or otherwise mislead anyone about the details or nature of a commercial transaction.
  • generate or send communications in violation of law including bulk unsolicited e-mails or texts, or communications which directly or indirectly support pyramid schemes or other fraudulent activities or otherwise cause Emissary to become impaired in its ability to send communications on its own or on its Customers’ behalf (e.g., by causing Emissary or Customer to become registered on any Email DNS blacklist or otherwise be denied services by any other third party communications service provider);
  • promote or advertise products or services other than your own without appropriate authorization;
  • exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • transmit information in a way that infringes upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity
  • reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
  • transmit or upload (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards ("PCI DSS"); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act ("HIPAA"); (iii) any other personal data of an EU citizen deemed to be in a "special category" (as identified in the EU General Data Protection Regulation or any successor directive or regulation); (iv) any other personal information which is considered to be sensitive personal information, in a special category, or otherwise given enhanced privacy protections under any applicable law; or (v) except as expressly authorized in the applicable Order Form or Subscription Agreement, any other personal information that would require compliance with the laws of any jurisdiction other than the United States;
• send communications that:
  • are deceptive, fraudulent, illegal, obscene, offensive, defamatory, slanderous, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Emissary’s discretion;
  • contain viruses, bots, worms, scripting exploits or other similar materials;
  • solicit individuals for purposes not related to the purposes authorized by the person or entity which has entered into an Order Form with Emissary; or
  • could otherwise cause damage to Emissary or any third party;
• use the Services in any way that violates any applicable federal, state, local, or international law or regulation including all laws pertaining to privacy, the use of text messaging, telephonic equipment and related telecommunications products and services.
• use the Services in any manner that violates any applicable wireless carrier requirements, codes of conduct, or the best practices, messaging principles, or other guidelines published by CTIA – The Wireless Association (including the CTIA Messaging Principles and Best Practices), each as may be updated from time to time;
• access the Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Services, or to copy any ideas, features, functions or graphics of the Services;
• share non-public features or content of the Services with any third party;
• use or transmit data that you don’t have the right to use or transmit (including confidential or personal information you are not authorized to disclose);
• misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Emissary or any third party)
• probe, scan, or test the vulnerability of any system or network used with the Services;
• tamper with, reverse engineer or hack the System, circumvent any privacy or security or authentication measures of the Services or knowingly interfere in any manner with the operation of the Services, the data contained therein, or the hardware and network used to operate the System;
• attempt to gain unauthorized access to the System (or any portion thereof), related systems, networks or data or the source code of any software making up the System;
• encumber, distribute adapt, combine, create derivative works of or otherwise modify any portion of the Site or the Services;
• license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than Emissary’s Customers and their permitted agents in furtherance of their internal business purposes as expressly permitted in the Emissary Subscription Agreement;
• access or search the System by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
• overwhelm or attempt to overwhelm our infrastructure, impose an unreasonably large load on the System, or consume extraordinary resources,
• including by using “robots,” “spiders,” “offline readers," or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or
• use the System beyond the use parameters, volumes, or limits contemplated for the Services or set forth in the applicable Order Form;
• access the System via another user’s account without their permission;
• share, sell, transfer, or otherwise disclose your username, password, or other login credentials to, or permit access to your account by, any other person;
• remove or obscure any proprietary or other notices contained in the System.
• use meta tags or any other “hidden text” including Emissary’s or our suppliers’ product names or trademarks;
• use or attempt use the Services in violation of a Subscription Agreement or any Order Form to which you are a party, or
• permit or encourage anyone else to commit any of the actions above.

Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account (without notice or liability) or legal action if Emissary (in its sole discretion) determines that a user has violated this AUP. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Emissary reserves the right to take any other remedial action it sees fit.

Emissary may change this AUP at any time by posting a new version on this page. The new version will become effective on the date it is posted.

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