Delivra Acceptable Use Policy
While we believe the free and open exchange of ideas, information, products, and services through email and SMS/MMS communications is important in establishing new relationships and maintaining current relationships, there are some activities that are not acceptable through the Services. To keep the Services running safely and smoothly, we need You and all Users to agree not to misuse the Services. This Acceptable Use Policy (“AUP”) describes the activities that You and all Users are prohibited from engaging in when using the Services.
Any capitalized terms used in this AUP which are not defined in this AUP are defined in the Delivra Terms of Service located at https://www.delivra.com/trust/terms-of-service.
The following activities are prohibited when You (or any Users) are using the Services:
- Child Exploitation: You may not promote, display, or offer any goods or services, or post or upload any Customer Content that exploit or abuse children or a minor, including but not limited to images or depictions of child abuse or sexual abuse, or that present children or minors in a sexual manner.
- Emergency Services: You will not use the SMS Services to access or allow access to emergency services.
- Fraudulent and Deceptive Practices: You may not use the Services for deceptive commercial practices or any other illegal, fraudulent, or deceptive activities. You may not promote, display, or offer any goods or services, or post or upload any Customer Content with the intention of engaging in fraudulent, illegal, or deceptive activities. You will not misrepresent yourself or disguise the origin of any data, Customer Content, products, services, or other information that You submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Delivra or any third party), or access the Services via another User’s account or another Customer’s Account without their permission.
- Harassment, Bullying, Defamation and Threats: You may not promote, display, or offer any goods or services, or post or upload any Customer Content that (i) harass, bully, defame, or threaten a specific individual or group of individuals; and/or (ii) encourage violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
- Hateful Content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status, or other forms of discrimination. You may not use the Services to promote or support organizations, platforms or people that: (i) promote or condone such hateful content and/or actions; or (ii) threaten or condone violence to further a cause.
- Illegal Activities: You may not promote, display, or offer any goods or services, or post or upload any Customer Content that contravene or that facilitate or promote activities that contravene applicable Laws of the jurisdictions in which You operate or conduct business.
- Intellectual Property: You may not promote, display, or offer any goods or services, or post or upload Customer Content that infringes on, or encourages the violation of, the intellectual property rights of others.
- Malicious Practices: You may not promote, display, or offer any goods or services, or post or upload any Customer Content that contains harmful or malicious code, or use the Services to transmit and distribute malware (including but not limited to viruses, worms, time bombs, and Trojan horses) or engage in phishing activities to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses. You may not perform activities or upload or distribute Customer Content with the intention of harming, disrupting, corrupting, providing unauthorized access to, or otherwise impeding, in any manner, the operation of the Services or other infrastructure of Delivra or others, including Delivra’s third-party providers.
- Overload the Services: You will not overload or overwhelm or attempt to overload or overwhelm Delivra’s infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources or going far beyond the use parameters for any given Service as described in its corresponding documentation. The Services may be accessed by no more than the specified number of Users defined under the applicable Ordering Document. You will not upload and host any Customer Content through the Services for any purpose other than as defined under the Ordering Document.
- Personal, Confidential, and Protected Health Information: You may not post or upload any Customer Content that contains personally identifiable information, sensitive personal information, or confidential information, or account passwords unless You have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Services to collect, store, or process (i) any personal health information or protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), any applicable health privacy regulation, or any other applicable Law governing the processing, use, or disclosure of protected health information; (ii) data on any individual under the age of thirteen (13) that would be subject to the Children Online Privacy Protection Act (“COPPA”); (iii) credit card holder data and information that would be subject to the Payment Card Industry Data Security Standard; (iv) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation; and (v) any sensitive or highly sensitive personally identifiable information as defined under applicable Law which may include, without limitation, social security numbers, driver’s license or state identification number or other government related identifier, financial banking account numbers and information, medical, employment, criminal records, insurance numbers, or passport numbers.
- Restricted Items: You may not promote, display, or offer any goods or services, or post or upload any Customer Content, or solicit content about or relating to: (i) individuals under eighteen (18) years of age; (ii) pornography, nudity, adult novelty items, escort services; (iii) financial information, stock trading, FOREX, mortgages and loans, insurance, debt collection, credit repair, offers to make money online or work from home businesses, payday lender related content, the production, sale, exchange, storage, or marketing of Cryptocurrencies and Initial Coin Offerings, Penny Stocks; (iv) gambling related content (including but not limited to poker, casino games, horse and dog racing, and betting on college and pro sporting events); (v) horoscopes, dating services, daily deals, coupons, paid surveys, lead generation services, affiliate or multi-level marketing, Ponzi schemes; (vi) DJ/nightclub, event/club promotions/party lists; (vii) the selling of personal data of any kind, list brokers or list rental services; (viii) recruitment or job-seeking services; (ix) firearms, bombs, grenades, or other weapons; (x) pharmaceuticals, drugs (illegal or otherwise), diet advice, nutritional advice, supplements; and (xi) illegal goods or software (including but not limited to pirated computer software programs and applications), viruses, or any other content that Delivra deems inappropriate in its sole discretion.
- Self-Harm: You may not promote, display, or offer any goods or services, or post or upload any Customer Content that promotes self-harm or solicits content about self-harm.
- Spam: You may not promote, display, or offer any goods or services, or post or upload any Customer Content with the intention of generating, facilitating, distributing, and transmitting unsolicited mass email or SMS/MMS messaging, promotions, advertising, or other solicitations. You may not solicit any other Customers of the Services for commercial purposes.
- Terrorism: You may not promote, display, or offer any goods or services, or post or upload any Customer Content that imply or promote support or funding of, or membership in a terrorist organization.
- Unauthorized Access: You will not (i) hack, violate, attempt to violate, or attempt to gain unauthorized access to the Services or their related systems and/or networks; and (ii) attempt to probe, scan, or test the vulnerability of the Services or perform any penetration testing against or on the Services.
Delivra reserves the right, but is in no way obligated, to inspect and monitor Customer’s Account and any Customer Content at any time and without notice to You, to ensure compliance with the terms of this AUP and the Agreement, or any other agreement between you and Delivra governing Your use of the Services. You agree to promptly provide records and/or other information requested by Delivra. Delivra’s determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at Delivra’s sole discretion.
DELIVRA MAY, AT ANY TIME AND WITHOUT NOTICE TO YOU, REMOVE ANY CUSTOMER CONTENT AND EITHER SUSPEND OR TERMINATE YOUR CUSTOMER’S ACCOUNT AND/OR YOUR ACCESS TO THE SERVICES IF YOU ENGAGE IN ANY ACTIVITY OR ACTIVITIES THAT VIOLATE THIS AUP, INCLUDING ANY ACTIVITY/ACTIVITIES OUTSIDE OF YOUR USE OF THE SERVICES.
In the event of a conflict or discrepancy between the AUP and the Agreement, this AUP will take precedence, but only to the extent required to resolve such conflict or discrepancy.
This AUP was last modified on the date listed below (“Last Modified Date”). Deliver may make modifications to this AUP, at any time and in its sole discretion, by posting a revised version on the Site and/or by sending an email to the last email address provided by You to Delivra. You acknowledge and agree that use of the Services after the Last Modified Date constitutes Your acceptance of the modified terms and that such modified terms will become effective on the Last Modified Date. It is Your responsibility to check the Site regularly for modifications to this AUP.
Last Modified Date: March 31, 2023