SURVEYGIZMO ACCEPTABLE USE POLICY

Effective Date: January 21, 2018

This Acceptable Use Policy (the “AUP”) applies to all access and use of the hosted survey platform made available as software as a service (together with all support and related services) (collectively, the “SaaS”) offered by SurveyGizmo LLC (“SurveyGizmo”).  By accessing or using the SaaS, you agree to be bound by this AUP.  If you do not agree to any part of this AUP, you must not access or use the SaaS.

Violations

Access to and use of the SaaS is subject to the terms and conditions of your services agreement with SurveyGizmo or its authorized representative (the “Services Agreement”). Violation of this AUP may result in SurveyGizmo’s immediate suspension of your access to the SaaS and termination of your Services Agreement.

Prohibited Materials

You may not, and you may not allow your users or any third party to, use the SaaS to display, store, process or transmit, or permit use of the SaaS to display, store, process or transmit, any of the following:

1.         Material that infringes or misappropriates a third party’s intellectual property or proprietary rights;

2.         Hate‐related or violent material, and/or material advocating discrimination against individuals or groups;

3.         Obscene, excessively profane or otherwise offensive or objectionable material;

4.         Material that enables, advocates or advances criminal hacking or phishing;

5.         Material related to illegal drugs or paraphernalia;

6.         Malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs; or

7.         Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third‐party rights, including publicity or privacy rights.

Prohibited Activities

You may not, and you may not allow your users or any third party to, use the SaaS, or permit use of the SaaS, to do any of the following:

1.         Copy, reproduce, modify, sell, lease, sublicense, market, resell, distribute or commercially exploit in any way the SaaS or any component thereof other than as expressly permitted in the Services Agreement;

2.         Disclose or grant access to the SaaS or any component thereof to any party not designated by you as an authorized user;

3.         Reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any software used in the provision of the SaaS, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

4.         Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

5.         Send, upload, distribute or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support or facilitate unlawful, hateful, discriminatory, or violent causes;

6.         Transmit material that may be harmful to minors;

7.         Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;

8.         Impersonate another person, entity or SurveyGizmo (via the use of an email address or otherwise) or otherwise misrepresent themselves or the source of any email;

9.         Access or use the SaaS in violation of any applicable law or regulation;

10.  Use the SaaS to exchange federal or state identification information, passwords, social security numbers, banking, credit card, or any other financial information;

11.  Violate the rights (including without limitation rights of privacy or publicity) of others;

12.  Generate or facilitate unsolicited commercial email (spam) or other text messages or push notifications in violation of the CAN-SPAM Act, the Telephone Consumer Protection Act, the Do Not‐Call Implementation Act, or any other applicable law or regulation including anti‐ spam, telemarketing or telephone consumer protection laws or regulations;

13.  Send email to users who have requested to be removed from a mailing list;

14.  Sell, share, or otherwise transfer or disclose the personal data (including email addresses or other data that can be used to directly or indirectly identify an individual) of any person without such person’s knowing and continued consent to such disclosure;

15.  Promote, facilitate or encourage illegal activity;

16.  Conduct or forward multi‐level marketing, such as pyramid schemes and the like;

17.  Access or use the SaaS in any manner that violates the Services Agreement, any requirements that SurveyGizmo may communicate to its users, third party policies or applicable industry standards, including applicable guidelines published by the CTIA, the Mobile Marketing Association, the Self‐Regulatory Principles as directed by the Digital Advertising Alliance and the Network Advertising Initiative or any other generally accepted industry associations, carrier guidelines or other industry standards;

18.  Directly or indirectly, export, re-export, transmit, or make the SaaS accessible from any jurisdiction or country in which such activity is prohibited by law or regulation;

19.  Engage in or promote gambling, or run a gambling operation;

20.  “Mine” bitcoins and other cryptocurrencies;

21.  Sell, distribute or export illegal or prescription drugs or other controlled substances or paraphernalia;

22.  Perform any significant load or security testing that is not expressly authorized by the Services Agreement without first obtaining SurveyGizmo’s written consent;

23.  Interfere with other users’ access to or use of the SaaS;

24.  Access or use the SaaS for purposes of monitoring availability, performance or functionality, to build a competitive product or service, or for any other benchmarking or competitive purposes;

25.  Share or otherwise disclose your password and other credentials you use to access your account with any third party;

26.  Remove any copyright, trademark or other proprietary rights notices contained in or on the SaaS or reformat or frame any portion of the web pages that are part of the SaaS’s display;

27.  Use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the SaaS; or

28.  Use the SaaS in any manner that would disparage SurveyGizmo.

Changes to AUP

SurveyGizmo may change this AUP by posting an updated version of the AUP at www.surveygizmo.com.  Such updates will be effective upon posting.  Your continued access to and use of the SaaS constitutes your agreement to be bound by such updates.