Please read this Acceptable Use Policy (“ AUP”) carefully because it is a binding agreement between You and Triadex Services. Triadex Services reserves the right to revise, amend or modify this AUP from time to time. You agree that your use of the website, platform and/or contracted “Services”, beyond a period of ten (10) days after such notice of change is posted, shall constitute your consent to the revised version of the AUP.
Triadex Services and its affiliates (“Company“) provide to users enhanced digital messaging transmission and delivery services for marketing and operational/transactional purposes, including such services as email deployment, SMS deployment, push notification and other digital forms of communication, campaign management and professional services (each, a “Service” and collectively the “Services“).
This document defines the acceptable use of the Services with a view of ensuring the integrity, security, reliability and privacy of the Company’s network, systems, products, Services, server hosting facilities and data contained therein (collectively, the “Company Network“). It is also designed to help protect Clients (“Client(s)” defined as any person, entity who purchases a Service from Company), their customers and the Internet communities at large from irresponsible, abusive or illegal activities and to ensure Clients have the best possible experience and success while using Services in an appropriate manner.
Permission Based Messaging
Client users of Company’s Services agree that all Commercial Messaging Email Recipients (An “Email Recipient” is a single email address, used by a single individual for receipt of email) have explicitly requested or granted permission that Client may send them email. This is commonly called “Opt-In.” Upon request by Company, Client must be able to produce written evidence (including, but not limited to, emailed or written requests, HTTP web logs, database records, or the opt-in mechanism itself) demonstrating the Email Recipient’s granting of permission to receive email on the topic(s) and under the brand(s) of the Client’s mailing. Opt-In is not required for Transactional Messaging (“Transactional Messaging” is email with information that completes an already started transaction or process (e.g. receipt for purchase)).
Client acknowledges that Email Recipients who do not constitute Opt-In Email Recipients for the purposes of this Agreement include, but are not limited to:
- Email Recipients who have not given explicit permission to be sent email on the topic or under the brand of the Client’s Mailing;
- Email Recipients obtained from a third party or via a “list append” process;
- Addresses gathered from web pages or other public or private data sources;
- Alias email addresses that are impersonal and typically route to more than one individual (e.g. marketing@, sales@, info@).
Sending email to these recipients is prohibited.
Client agrees to include in all mailing content Client’s contact information along with clear instructions describing how to Unsubscribe or Opt-Out from the Mailing List. Both the sender/contact information and the unsubscribe mechanism must be clearly and prominently displayed and unsubscriptions must be easily preformed. Unsubscribes submitted via the default subscription center will be automatically processed and either unsubscribed from a specific mailing and/or globally unsubscribed from the account. Unsubscribes received directly by Client must be processed within (2) two business days. Some ISP’s inform Company if a message is marked as “spam” or “junk” by the recipient, any such message marked will be treated as an unsubscribe and the recipient’s email address with be unsubscribed from any future mailings.
Company has the right to refuse to deliver, right to terminate a mailing, or to delay delivery of, any Mailing to a Mailing List and or Email Recipient that, in Company’s sole determination, contains Email Recipients that have not opted-in or does not comply with this AUP.
Requests and Complaint Handling
Company, Client, or our respective Internet Service Providers (“ISPs”) may receive an opt-out request or a complaint by e-mail, by phone, by fax, or by postal letter. Company shall respond in the same manner as the request was received (e-mail, phone, fax, or postal letter) if Company believes it can handle the request with no further assistance. Company will forward any requests or complaints that Company feels it cannot reasonably handle to Client. Client agrees to respond within two business days of receipt if the request or complaint that came from an individual Email Recipient, and within one business day of receipt if the request came from an ISP or “realtime blocklist” organization. Client agrees to send Company a copy of all responses Client makes to requests and complaints at the same time the response is sent to the requesting or complaining party.
Client acknowledges that certain third parties, including, but not limited to, ISPs or “realtime blocklist” organizations (organizations which create lists of entities which, in their opinion, are alleged to have not obtained adequate consent from Email Recipients and ISPs to deliver email) may ask or effectively require Company to impose particular opt-in, opt-out, or other procedures for any Mailing List. In this case, Company will, using commercially reasonable efforts, work with Client to undertake whatever steps may be reasonably necessary in order to institute the required procedure. In addition, Company may request Client to cleanse their Mailing List(s) using a third-party list-cleansing provider.
Compliance with Applicable Laws
Client represents and warrants that all Mailing Content, Mailing Lists and Mailing Activity, whether created by Client or by Company as a Service, and the collection and use of the Mailing Content, Mailing Lists, and personal data about Email Recipients pursuant to this Agreement is in compliance with all applicable laws, regulations and industry best practices (“Laws”). Client understands that such Laws are subject to change, and it is Client’s sole responsibility to maintain compliance. Company has the right, but not the obligation, to suspend or cancel a Mailing at Company’s sole discretion if Company believes the Mailing Content or collection or use of the Mailing List is not in compliance with any applicable Law or best practice. Company assumes no obligation to analyze the Mailing Content or the Mailing Lists, whether created by Client or by Company as a Service, or to analyze the collection and use of the Mailing Content, Mailing Lists, and personal data about Email Recipients pursuant to this Agreement, for compliance with applicable Laws.
Client represents and warrants that it owns or has an appropriate license to all Mailing Lists delivered to Company. Client will, upon request by Company, provide Company with written documentation (including, but not limited to, emailed or written requests, HTTP web logs, database contents, or the opt-in mechanism itself) showing that each Email Recipient gave permission for Client to send them email on the topic and under the brand of the Mailing. If Client does not remove opt-outs from their own or their clients’ own opt-in list(s), Client agrees to provide Company with a list of all opt-outs that have occurred since the last Mailing to the opt-in Mailing List(s).
Messaging in Own Name
Client must perform all Messaging in its own name, under its brand and nothing in the message may indicate that Company is the sender of message. All cross-promotional or third-party content must be clearly labeled as such. Misidentifying the source of a message; adding, removing or modifying identifying network header information (“spoofing”) in an effort to deceive or mislead or attempting to impersonate any person by using forged headers or other identifying information is prohibited. Identifying information included in the message must allow a recipient to easily identify and contact the sender of the message.
Clients and any authorized user as designated by Client, are responsible for protecting their password and for any authorized or unauthorized use made of their password and account. Client agrees to not use or permit anyone to use Company Services or access other Company systems or networks without express authorization. In the event a network or network device becomes compromised, Company will assist in the tracking and/or expulsion of said offender on the network level to the extent Company finds reasonable, at its sole and absolute discretion.
Client may only use Company’s bandwidth to facilitate use of purchased Services. Client’s use of bandwidth is expected to compare to the normal bandwidth used by other clients. If in the sole discretion of Company a client’s use of bandwidth is excessive in comparison to other clients, Company may suspend account until discrepancy is resolved.
Use of Company’s Services is limited to lawful purposes only. Actions, whether actual or attempted; intentional or inadvertent that Company considers inappropriate and grounds for restriction of access to Services and/or removal of offending material and/or termination of Services include but are not limited to:
Post, publish, transmit, reproduce or distribute, or process through the Service:
- Any unsolicited commercial messages or communications in any form (“SPAM”);
- Any messages, articles, or other content to a List which are off-topic according to the charter or other owner-published FAQs or descriptions of the List;
- Falsified user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to Company or to other Service users or engaging in any activities or actions intended to withhold or cloak Client’s or its end users identity or contact information;
- Any unlawful, threatening, abusive, libelous, defamatory, obscene, indecent, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would be a criminal offense, or would give rise to civil liability;
- Any content that the distribution would violate data-privacy, cross border data transfers, or intellectual property including without limitation copyright, trademark, trade secret, misappropriation and anti-dilution laws;
- Information or software that contains a virus, malware, phishing content or other harmful component.
Engaging in any other activity that:
- Violates a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party’s copyrights, trademarks, patents, trade secrets or other intellectual property rights, CAN-SPAM Act of 2003, GDPR, CASL);
- Threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorization);
- Attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
- Otherwise degrades or interferes with other users’ use of a Service;
- Breaches a third party non-disclosure agreement or obligation, or violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorized system penetrations;
- Engaging in any of the activities listed above by using another provider’s service, but channeling the activity through a Company account, remailer, or otherwise through a Service;
- Deciphers, decompiles, disassembles, or reverse engineers Company Services and or Company network. And/or attempt to use Company’s intellectual property processes to create a competing product;
- Host images and or content on Company servers for any purpose other than for use in Client Messaging originating from Company Service.
You may not access Company’s Services if you are a direct competitor of Company without prior written consent. You may not access Company Services for the purposes of monitoring their performance, functionality or for any other competitive purpose.
ANY ACTUAL, INDIRECT OR ATTEMPTED VIOLATION OF THIS POLICY BY OR ON BEHALF OF A CLIENT OR A CLIENT’S END USER, AND/ OR ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CLIENT OR A CLIENT’S END USER, SHALL BE CONSIDERED A VIOLATION OF THIS POLICY BY SUCH CLIENT OR CLIENT’S END USER AND COMPANY RESERVES THE RIGHT TO SUSPEND OR TERMINATE SERVICES IMMEDIATELY.
RIGHTS AND REMEDIES
Company may suspend and/or terminate a Client’s Service at any time for any material failure of Client, its representatives or its users to comply with this policy or for engaging (or permitting others to engage) in a Prohibited Activity (as determined by Company, in its reasonable discretion).
Company reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, Company reserves the right to charge the Client to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount (i) equal to Company actual expenses incurred in preventing or responding to such activity, or (ii) up to US$ 500, whichever is greater.
For complaints of SPAM only: In addition to any applicable charges described above, Company reserves the right to charge the Customer the amount set forth under applicable law.
Nothing in this Acceptable Use Policy limits Company’s rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.
 Company may consider providing messaging services for cannabis industries in states and/or countries where legal. Please contact Company to discuss additional requirements and considerations.
 See: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business. Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $41,484, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Email that makes misleading claims about products or services also may be subject to laws outlawing deceptive advertising, like Section 5 of the FTC Act. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines.