1. Introduction

1.1 This acceptable use policy (the "Policy") sets out the rules governing:

(a) the use of any products and services (the "Services") provided by Bitwise Ops SRL or any of its affiliates; and

(b) the transmission, storage and processing of any content, including email messages and related delivery or tracking data, by you, or by any person on your behalf, using the Services ("Content"); and

(c) the transmission of email communications by you, or by any person on your behalf, using the Services ("Email Messages").

1.2 References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to Bitwise Ops SRL (and "we" and "our" should be construed accordingly).

1.3 The Policy applies to you and any user of any software application or service that interfaces with the Services that you make available to your customers, employees, affiliates or subcontractors (collectively, "End Users").

1.4 By using the Services, you agree to the rules set out in this Policy.

1.5 You are responsible for your End Users’ compliance with this Policy and use of the Services.

1.6 The examples described in this Policy are not exhaustive.

1.7 If you violate this Policy, we may refuse to deliver your email messages or we may suspend your use of the Services.

1.8 This Policy may be updated from time to time. A notice may be provided via e-mail or by posting an updated version of the Policy at https://www.sendunit.com/aup.

2. General usage rules

2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

2.2 You must not use the Services in any way that violates the integrity of the Services, including:

(a) attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services;

(b) attempting to bypass any security mechanism or filtering capabilities;

(d) reverse engineering, copying, disassembling, or decompiling the Services.

2.2 You must not use the Services in any way that may harm our business operations or reputation.

2.3 You must not use the Services:

(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or

(b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.

2.4 You must not use the Services in any way that:

(a) violates any laws, regulations, governmental orders, or industry standards in any applicable jurisdiction (collectively, "Applicable Laws"); or

(b) violates Applicable Laws requiring consent to be obtained prior to transmitting, storing or processing data or communications; or

(c) misleads others as to the identity of the sender or the origin of any data or communications (e.g., phishing emails).

2.5 You must ensure that all Content complies with the provisions of this Policy.

2.6 You must immediately report any violation of this Policy by your End Users to us and provide cooperation to investigate and remedy that violation.

2.7 Violations of this Policy may be reported to abuse@sendunit.com

3. Unlawful Content

3.1 Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

3.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice, contain any negligent statement or is confirmed to be criminal misinformation;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) constitute a breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) constitute a breach of official secrets legislation; or

(k) constitute a breach of any contractual obligation owed to any person.

3.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

4. Graphic material

4.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children. If you are sending Content related to alcohol, tobacco, cannabis, firearms, gambling or any other content appropriate for adults only, then you must ensure that the recipient is at least of legal age to provide consent to receive such Content based on where the recipient is located.

4.2 Content must not depict violence in an explicit or graphic manner.

4.3 Content must not be pornographic or sexually explicit.

5. Factual accuracy

5.1 Content must not be untrue, false, inaccurate or misleading.

5.2 Statements of fact contained in Content and relating to persons (legal or natural) must be true.

6. Negligent advice

6.1 Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.

6.2 Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.

7. Etiquette

7.1 Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

7.2 Content must not be offensive, deceptive, threatening, abusive, exploitative, harassing, menacing, hateful, discriminatory, inflammatory, unwanted, defamatory, obscene, inappropriate or objectionable.

7.3 Content must not be liable to cause annoyance, inconvenience or needless anxiety.

7.4 You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.

7.5 You must not use the Services for the purpose of deliberately upsetting or offending others.

8. Marketing and spam

8.1 Content must not constitute or contain spam, and you must not use the Services to transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

8.2 You must obtain opt-in consent from a recipient prior to sending email messages to that recipient and retain proof of such consent to the extent and in accordance with the requirement of the Applicable Laws.

8.3 You must offer an opt-out mechanism that must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days or within the timeframe required by the Applicable Laws. You can not charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request.

8.4 You must ensure that every email message you send using the Services:

(a) Does not use false or misleading header information. The "From", "To", "Reply-To" and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message;

(b) Does not use deceptive subject lines. The subject line must accurately reflect the content of the message. The subject line must identify the message as an ad if the content advertises or promotes a commercial product or service, including content on a website operated for a commercial purpose. The subject line of messages with sexually oriented material must include the warning required by Applicable Laws;

(d) Includes a clear and conspicuous explanation of how the recipient can opt out of getting email messages from you in the future.

8.5 You must not use the Services to promote:

(a) any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs;

(a) any escort services, mail-order bride finders, marriage brokers or similar services;

(a) products claiming to prevent, treat, or cure health issues that have not been approved by the applicable government authority or prescription medication that cannot legally be sold over-the-counter;

8.6 You must not use the Services to send email messages for the sole purpose of verifying if an email address exists or is valid.

8.7 You must not use the Services to send email messages that result in complaints from inbox providers or an unacceptable number of recipient complaints.

8.8 You must not use the Services to send email messages to an unacceptable number of non-existent or invalid email addresses.

8.9 You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses or domain names or that may negatively affect their reputation with the inbox providers.

9. Regulated businesses

9.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

9.2 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.

9.3 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.

10. Monitoring

10.1 You acknowledge that we may actively monitor the Content and the use of the Services.

11. Data mining

11.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

12. Hyperlinks

12.1 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

13. Harmful software

13.1 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

13.2 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

14. Data protection and safeguards

14.1 You are responsible for determining whether the Services offer the appropriate data safeguards required by the Applicable Laws, prior to transmitting or processing, or prior to permitting End Users to transmit or process, any data or communications using the Services.

14.2 You must obtaining consent from the recipient to the extent and in the manner required by the Applicable Laws for using any tracking technologies with the email messages sent using the Services.