Legal

Modified: October 1, 2017 — Previous Version

All access to and use of the Service is subject to this Acceptable Use Policy (AUP).

Capitalized terms used herein but not defined have the meanings stated in the applicable agreement between Customer and Urban Airship.

Customer agrees not to, and will not allow Account Users to, access and use the Service:

• to violate, or encourage the violation of, the legal rights of others or Applicable Law, including without limitation, laws, regulations, policies and directives relating to intellectual property, privacy, security, electronic communications, advertising, terrorism, corruption, child protection and import/export laws;
• to engage in, promote or encourage illegal activity. 
• for any unlawful, invasive, infringing, defamatory or fraudulent purpose;
• to distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
• to use the Service in any way that interferes with or adversely affects (a) the Service or infrastructure used for the Service, (b) other Urban Airship customers, or (c) third party applications, devices systems or networks that link to or interoperate with the Service;
• to disable, interfere with or circumvent any aspect of the Service;
• to engage in activities, or uploading, downloading, submitting, transmitting, displaying, distributing or storing any information that: (a) may be considered libelous, slanderous, defamatory, threatening, sexually explicit, profane, obscene, pornographic, offensive, abusive, malicious or otherwise harmful to any person or entity, constitutes or promotes “hate speech” or is otherwise discriminatory based on race, sex, creed, religion, nationality, disability, sexual orientation, gender identity, language or age, or (b) is fraudulent, deceptive, inaccurate or misleading; or
• to access illegally, or without authorization, computers, accounts, or networks belonging to Urban Airship or a third party, or attempting to penetrate security measures (often known as “hacking”) or to engage in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Customer agrees to, and will ensure Account Users will, follow these requirements when sending Notifications using the Service:

• Use only permission-based lists (i.e., lists in which each recipient has explicitly granted permission to receive Notifications from Customer by providing legally required scope of consent);
• If legally required based on the type of Notification, include “unsubscribe” or “opt-out” mechanisms in each Notification that allows the recipient to opt out from Customer’s mailing list or receiving further Notifications;
• Comply with all requests from recipients to be removed from Customer’s mailing list within 10 days of receipt of the request or the appropriate deadline under Applicable Law;
• Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not Customer’s organization controls the sending of the Notifications;
• If legally required, based on the type of Notification, include a link to Customer’s then-current privacy policy either in the Notification or in the applicable Digital Asset;
• If legally required based on the type of Notification, include in each Notification Customer’s valid physical mailing address or a link to that information;
• Do not send to addresses obtained from purchased or rented marketing lists;
• Do not use third party message addresses, domain names, or mail servers without proper permission;
• Do not routinely send email Notifications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
• Do not send Notifications that result in an unacceptable number of spam or similar complaints (even if the Notifications themselves are not actually spam);
• Do not disguise the origin, or subject matter of, any Notification or falsify or manipulate the originating message address, subject line, header, or transmission path information for any Notification;
• Do not send offers for the purpose of obtaining personal information or generating leads for third parties;
• Do not send “chain letters,” “pyramid schemes,” or other types of messages that encourage the recipient to forward the content to strangers;
• Do not send to lists of addresses that are programmatically generated or scraped from the Web;
• Do not employ sending practices, or have overall message delivery rates, which negative impact the Service or other users of the Service; and
• Do not use the Service to generate, send, distribute, publish or facilitate SPAM, junk-messages or unsolicited messages, promotions, advertisings or other solicitations.

Urban Airship and its providers reserve the right to null-route any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to other customers.

Urban Airship does not monitor the communications of its customers to ensure that they comply with this AIUP or Applicable Law. Urban Airship has no responsibility for any information created, uploaded, stored, maintained, transmitted, or accessible on or through the Service or infrastructure used for the Service, and is not obligated to monitor or exercise any editorial control over such information. In the event that Urban Airship becomes aware that any such information or use of the Service may violate this AUP, Applicable Law and/or expose Urban Airship to civil or criminal liability, Urban Airship reserves the right to investigate such information or use, block access to such information, and/or suspend or terminate any Service without liability. Urban Airship further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP or Applicable Law, including disclosing the identity of any Customer that Urban Airship believes is responsible for such violation. Urban Airship also reserves the right to implement technical mechanisms to prevent AUP violations.

Urban Airship may modify this AUP prospectively at any time by posting the revised version on the Urban Airship website at: https://www.urbanairship.com/legal/acceptable-use-policy. Customer’s continued use of the Service will be considered acceptance of any such modification. All modifications to this AUP will be effective immediately upon posting, unless otherwise noted by us.