Acceptable Use Policy
Last Modified: March 24, 2020
This Cannabiz Media Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by us (Cannabiz Media), whether we provide it directly or use another party to provide it to you (each, a “Cannabiz Media Service”). This AUP is designed to ensure compliance with the laws and regulations that apply to the Cannabiz Media Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Cannabiz Media Service unless you agree to them. By using the Cannabiz Media Service, you are agreeing to these terms.
If you are using any Cannabiz Media Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of Cannabiz Media Subscription Service pursuant to our Customer Terms of Service for violations of this AUP.
We periodically update these terms and we will let you know when we do through the Notification app in the Cannabiz Media portal used to access your Cannabiz Media subscription (if you have one), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.
1. Reporting Suspected Violations
We encourage recipients of email messages sent using the Cannabiz Media Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to firstname.lastname@example.org. We have a policy to investigate all of these reports and to respond in the way we consider appropriate. If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.
2. Prohibited Email Actions
You may not use Cannabiz Media’s network or Subscription Service to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
- Use of an internet account or computer without the owner’s authorization;
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Subscription Service;
- Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Use of any false, misleading, or deceptive header information in an email or a newsgroup posting (Spoofing);
- Distributing software that covertly gathers or transmits information about a user (Spyware);
- Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool);
- Any conduct that is likely to result in retaliation against the Cannabiz Media network or website, or Cannabiz Media’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
- Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
- Interference with service to any user of the Cannabiz Media or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e. Spamhaus);
- Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or
- Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Cannabiz Media.
b) Offensive Content
You may not publish, transmit or store on or via the Subscription Service any content or links to any content that Cannabiz Media reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
- Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy; or
- Is otherwise malicious, fraudulent, morally repugnant.
c) No High Risk Use
You may not use the Subscription Service in any situation where failure or fault of the Subscription Service could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Subscription Service in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.
d) Mail Requirements
You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:
- You must have the means to track anonymous complaints; and
- You must not obscure the source of your e-mail in any manner.
- You must not attempt to obscure, hide, or remove any unsubscribe emails provided by the service.
- When sending through the Cannabiz Media Service, you must use the unsubscribe link provided by the service and will not attempt to provide any other unsubscribe links, including false unsubscribe links.
- You must post an email address for complaints (such as email@example.com) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;
- Your imported Contacts have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and you can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or Cannabiz Media;
- You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail.
- You must honor revocations of consent and notify recipients of the same;
These policies apply to messages sent using the Subscription Service, or, if applicable, to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Subscription Service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.
e) Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a Cannabiz Media system or network, or to breach the Cannabiz Media security or authentication measures, whether by passive or intrusive techniques.
f) Email Validation
Without limiting the application of any other provisions of this AUP, with respect to any of the Subscription Service’ email validation features or functionality, you may not:
- Use the Subscription Service to verify the email address(es) of any person who has not affirmatively consented (i.e., opted-in) to, or who has not expressly opted-out from, receiving email communications from you;
- Use the Subscription Service to validate email addresses that were purchased, rented or similarly obtained from a third party (i.e., third party email lists); or
- Use the Subscription Service to harvest email addresses or otherwise determine the existence of unknown email addresses.
g) You may not use any misleading or false names, addresses, email address, or subject line. Email sent, or caused to be sent to or through the Cannabiz Media Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names or email addresses; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.
h) You may not email purchased lists. You are prohibited from using the Cannabiz Media Service to email: (a) purchased, rented, or borrowed lists, and (b) lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.
3. Email Opt-out Requirements
You warrant that each email you send or is sent for you using the Cannabiz Media Service will contain: (a) header information that is not false or misleading; and (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information). You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.
4. No Disruption
You agree not to use the Cannabiz Media Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the Cannabiz Media Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. You also agree not to use the Cannabiz Media Service in a way that causes or may cause any Cannabiz Media IP addresses, Cannabiz Media domains, or Cannabiz Media customer domains to be blacklisted. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
6. Proper Usage of the Cannabiz Media Service
You will respect the limits that apply to your use the Cannabiz Media Service as specified in the Product and Subscription Service Catalog available at https://cannabiz.media/pricing/. We may update or change these limits by updating https://cannabiz.media/pricing/, so we encourage you to review this page periodically.
In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Cannabiz Media Service with content, or in a manner that:
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party’s intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Cannabiz Media Service from using and enjoying our website and/or the Cannabiz Media Service;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
- is legally actionable between private parties;
- is not a good faith use of the service;
- is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society Subscription Service, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient’s country of residence;
- encourages, promotes, facilitates or instructs others to engage in illegal activity other than Cannabis or Hemp;
- promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, and/ or citizenship.
You will use the Cannabiz Media Service for your internal business purposes and will not: (i) willfully tamper with the security of the Cannabiz Media Service or tamper with our customer accounts; (ii) access data on the Cannabiz Media Service not intended for you; (iii) log into a server or account on the Cannabiz Media Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Cannabiz Media Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Cannabiz Media Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Cannabiz Media Service or make the Cannabiz Media Service available to a third party other than as contemplated in your subscription to the Cannabiz Media Service; (vii) use the Cannabiz Media Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Cannabiz Media Service without our prior written consent.
7. Cannabiz Media Trademark Use
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Cannabiz Media Service, or any identifier or tag generated by the Cannabiz Media Service, including without limitation: (a) as a hypertext link or screenshot to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
8. General Terms
We may immediately suspend your access to the Cannabiz Media Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our https://cannabiz.media/terms-of-service and, if you breach this AUP, we may terminate your subscription agreement for cause. You acknowledge we may disclose information regarding your use of any Cannabiz Media Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure, we will notify you, unless we are required to keep the disclosure confidential.
We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.
We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at https://cannabiz.media/acceptable-use. If you have a Cannabiz Media subscription, we will let you know through the Notification app in the Cannabiz Media portal used to access your Cannabiz Media subscription. If you do not have a Cannabiz Media subscription, we will let you know by posting the revised copy on our website. When we change this AUP, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.