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1.1. Parties. The parties, Salsa Labs, Inc., a Delaware corporation ("Salsa Labs"), and all users of theSalsa Platform ("You" or "User") agree to perform and abide by the terms and conditions of this acceptable use policy ("the Agreement") as of the effective date provided in Section 2.
1.2.1. Conflict Between Terms. The Salsa Acceptable Use Policy shall take precedence in the event of a conflict between the terms of the Agreement and any term or condition incorporated by reference herein, but only to the extent necessary to resolve the conflict.
1.2.2. Conflict Between These Terms and Product Licenses. Some Products offered through the Salsa Market may be governed by licenses, including open source software licenses. In the event of a conflict between the Agreement and such a license, the software license shall prevail with respect to the particular Product and the particular conflict.
2.1. Effective Date. The Agreement becomes binding upon the parties on the earlier of the date that You (1) sign or otherwise accept this Agreement; (2) use Salsa Labs' software or services, including any portion or feature of the Salsa Platform; or (3) use a product that interacts with the Salsa Platform, including as through Package (as defined in the Standard Service Agreement, located at http://www.salsalabs.com/legal/standard-service-agreement.pdf) or as a Product (as defined in the Salsa Market Terms of Service, located at http://www.salsalabs.com/legal/tos-market.pdf) "the Effective Date"). No party is obligated to perform under the Agreement before the Effective Date.
2.2. Termination. The Agreement is binding on the parties until (1) You stop using Salsa Market or the Salsa Platform; (2) You become barred from using Salsa Market or the Salsa Platform under the laws of the United States, or any state thereof, or other relevant country, including the country in which You are a resident or from which You use Salsa Market or the Salsa Platform; or (3) Salsa Labs, in its sole discretion, terminates your use of Salsa Market or the Salsa Platform based on (a) your breach of any provision of the Agreement or the terms and conditions incorporated by reference therein, (b) a requirement of law, or (c) Salsa Labs' decision to no longer provide Salsa Market, the Salsa Platform, or any software, service, or Product related thereto as Salsa Labs deems appropriate.
3.1. Terms Incorporated by Reference. The Agreement expressly incorporates by reference each of the terms and conditions provided in the documents listed in section 1.2, Applicable Terms and Conditions.
4.1. Illegal or Tortious Conduct or Content. The Salsa Platform may only be used for lawful purposes. Posting, transmitting, promoting, distributing, storing, or otherwise using content that could subject Salsa Labs or You to any liability, including civil, administrative, or criminal liability, is prohibited. Likewise, neither You nor your Users may use Salsa Platform in any way that would violate any applicable law or regulation, including laws that govern the distribution of e-mail.
4.1.1. Examples. Examples of conduct or content that violate this provision include, but are not limited to:
18.104.22.168. Planning, advertising, or promoting any illegal activity;
22.214.171.124. Using false statements to obtain, or attempt to obtain, account information or other private information from other persons, including other Salsa Labs users; and
126.96.36.199. Posting content that defames, abuses, or threatens harm to another person.
4.2. Infringement of Intellectual Property of Others. Neither You nor your Users can use information, content, or materials that are protected by copyright, trademark, trade secret, non-disclosure or confidentiality agreements, or other intellectual property protections without express written consent of the owner.
4.3. Objectionable Conduct or Content. You cannot transmit, store, or facilitate the distribution of content using the Salsa Platform that is objectionable to a reasonable person or would otherwise be contrary to commonly accepted community standards.
4.3.1. Examples. Examples of conduct or content that violate this provision include, but are not limited to:
188.8.131.52. Posting content that is pornographic, lewd, vulgar, or otherwise obscene;
184.108.40.206. Posting content that is racially or ethnically offensive; and
220.127.116.11. Harassing, abusing, threatening, or stalking any other person, whether or not such conduct constitutes a crime or is subject to civil liability.
4.4. Spam. You may send bulk e-mail, but You may not send unsolicited communications ("spam") to any recipient that has not affirmatively opted-in to receiving such e-mail communications from You. In addition to the requirements and limitations provided by the Agreement, You must also comply with all applicable laws and regulations governing the transmission of e-mail, including the CAN-SPAM Act of 2003.
4.4.1. Audit Trail. You must maintain an audit trail how you obtained each e-mail address uploaded into the Salsa Platform and how each e-mail address affirmatively opted in to receiving e-mail from You ("Audit Information"). You must provide all Audit Information requested by Salsa Labs within ten (10) calendar days from the date of Salsa Labs' request.
4.4.2. Unsubscribe Link. You must include a link in each e-mail sent through the Salsa Platform that provides an automatic and functional method for a recipient to unsubscribe from your List
4.4.3. Examples. Examples of content or conduct that violate this provision include, but are not limited to:
18.104.22.168. Purchasing or otherwise obtaining lists of e-mail addresses that contain recipients that have not affirmatively opted-in to receiving communications from You;
22.214.171.124. Adding recipients to your List that You merely believes may want to receive communications from You;
126.96.36.199. Adding recipients from public voter files without first having each individual recipient opt-in to your List via a communication sent from another e-mail service; and
188.8.131.52. Adding recipients from purchased or otherwise obtained e-mail lists without first having each individual recipient opt-in to your List via a communication sent from another e-mail service.
4.5. Violation of System or Network Integrity. You cannot use the Salsa Platform or any other service, software, or hardware, in a way that compromises the security of the Salsa Platform or unreasonably disrupts the normal use or operation of Salsa Labs Services.
4.5.1. Protection of Salsa Platform Access. You must protect all usernames, passwords, and all other login information usable to access any part of the Salsa Platform ("Access Credentials") using at least the degree of diligence and care that a reasonably prudent person or business would use to protect access to its own confidential information or mission-critical resources.
4.5.2. Non-disclosure of Access Credentials. You may not disclose Access Credentials to any third-party without Salsa Labs' express written consent and you cannot allow any person other than your employees or authorized agents to view or access areas of the Salsa Platform protected by Access Credentials. You must immediately notify Salsa Labs if You believe that your access credentials may have been compromised or that the Salsa Platform has become otherwise available to unauthorized third parties.
4.5.3. Examples. Examples of content or conduct that violate this provision include, but are not limited to:
184.108.40.206. Sending unsolicited communications ("spam") unless done in compliance with subsection (4) above;
220.127.116.11. Substantially interfering with the operation of the Salsa Platform through the improper use of network or database access, commands, or queries;
18.104.22.168. Substantially interfering with the service of any user, host, or network by intentionally, recklessly, or negligently overloading a system or network through a technique such as mailbombing, flooding, or any broadcast or "denial of service" attack;
22.214.171.124. Uploading or transmitting viruses, malware, or other harmful software using Salsa Labs Services or to the Salsa Platform;
126.96.36.199. Accessing or using of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, without the express authorization of the owner of the system or network;
188.8.131.52. Breaching the security or authentication measures of any system or network without the express authorization of the owner of the system or network;
184.108.40.206. Monitoring data or traffic on any system or network without the express authorization of the owner of the system or network;
220.127.116.11. Providing false information to Salsa Labs or other users of Salsa Labs in connection with your use of Salsa Labs Services or the Salsa Platform; and
18.104.22.168. Using software that would allow the You to remain logged in to the Salsa Platform while You is not actively using Services.
4.6. PCI Compliance. You and any third-party vendors or products that You use to process payment card transactions, including donation and/or contribution transactions, must comply with the PCI DSS and accept the limitations PCI Compliance imposes on the operation of the Salsa Platform, donation and contribution processing, and the data that are available to You related to such transactions.
4.7. Branding. Salsa Labs has the right to insert a Salsa Brand at the bottom of each e-mail, webpage, or other communication stored, generated, or transmitted by or through the Salsa Platform.
4.8. Other Agreement Terms. Your use of the Salsa Platform may also be limited by other terms in this Agreement, and any such limiting terms are hereby expressly incorporated into the Acceptable Use Policy.
5.1. Right to Monitor the Use of the Salsa Platform. Salsa Labs may monitor all use of the Salsa Platform and all Products or other software, devices, or technologies that use or otherwise interact with the Salsa Platform for the purpose of ensuring compliance with the Agreement. Salsa Labs, however, cannot and will not monitor all usage, nor will Salsa Labs review each message or other content that may be generated, stored, or transmitted through the Salsa Platform.
6.1. Enforcement by Salsa Labs. Salsa Labs may enforce the terms of the Agreement at its sole, reasonable, and good faith discretion. Salsa Labs reserves the right to make the determination, in its sole, reasonable, and good faith discretion, of whether Client's conduct or content violates the Acceptable Use Policy. Salsa Labs decision to enforce or not enforce the Agreement shall not constitute acquiescence on the part of Salsa Labs to any conduct, content, or use of Salsa Labs Services by Client or its Users that violates the Agreement, and Salsa Labs retains the right to enforce the Agreement as to any violation whether or not Salsa Labs has enforced the Agreement as to such violations in the past.
6.2. Applicable Enforcement Provisions. Violations of the Agreement are subject to the enforcement and terminations provisions described in the documents listed in section 1.2, Applicable Terms and Conditions.
7.1. Revisions. Salsa Labs may revise the Agreement at any time and without prior notice. Such changes are often necessary if Salsa Labs changes or adds features to Salsa Market or the Salsa Platform.
7.2. Current Terms. The current and operative version of the Salsa Acceptable Use Policy will be located at http://www.salsalabs.com/legal/acceptable-use.pdf. Changes to this agreement will be immediately posted to the Salsa Labs Website and the date of the agreement will be updated. You should refer back to this page often for the latest information.
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