1. TQI Acceptable Use Policy

TQI Acceptable Use Policy

TQI Acceptable Use Policy

General

This Acceptable Use Policy (this “Policy”) describes prohibited uses of all services offered by TQI and its affiliates (the “Services”) and the website located at www.TQI.Solutions and all associated CLIENT sites (the “TQI Site”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the TQI Site. By using the Services or accessing the TQI Site, CLIENT agrees to the latest version of this Policy. If CLIENT violates the Policy or authorizes or helps others to do so, we may suspend or terminate your use of the Services.

TQI may provide CLIENT with access to its computers, software, voicemail, e-mail, Internet access, cellular phones, fax and other telecommunications systems (“Technology Systems”).  CLIENT understands and agrees that technology systems belong to TQI and that CLIENT is given access to these systems to help perform its job duties and to further TQI and CLIENT interests. 

TQI shall be solely responsible for the determination of whether an act is acceptable, illegal, immoral or repugnant to TQI. If CLIENT has any questions regarding potential unauthorized acts, CLIENT must seek approval from TQI.

TQI has not reviewed and cannot review all User content. By operating the Services, we do not represent or imply that we endorse User content provided therein, or that we believe such User content to be accurate, useful or non-harmful. We’re not a, publisher of and we’re not liable for any User content uploaded, posted, published or otherwise made available via the Services.

TQI may, at any time and in our sole discretion, and without any notice to CLIENT, suspend, disable access to or remove content which violates our acceptable usage clauses.

TQI is not liable to CLIENT for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses CLIENT may experience as a result thereof (except where prohibited by law).

CLIENT is solely responsible for any material that CLIENT or CLIENT’s end users maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services. By using the Services, CLIENT represents that CLIENT owns the content CLIENT makes available through TQI’s Services and all proprietary or intellectual property rights therein or have the express written authorization from the owner to copy, use and display such content.

Prohibited Use of Services

A. No Illegal, Harmful, or Offensive Use or Content

CLIENT may not use, encourage, promote, facilitate or instruct others to use, the Services or TQI Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include but are not limited to:

  1. Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming.
  2. Business Integrity.  CLIENT must respect and avoid infringing upon the intellectual property rights of others, including but not limited to copyrights, trademark rights, patent rights, trade secret rights, publicity and privacy rights. Copying material from web sites without permission may be copyright infringement.  Use of the technology systems to violate third-party intellectual property rights is strictly prohibited.
  3. Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others or contain links to any sites which do the same.
  4. Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, or post anything threatening, harassing, abusive, excessively violent, offensive, sexually explicit or obscene or advocates bigotry or hatred against any person or group based upon their race, ethnicity, nationality, religion, gender, age or disability.
  5. Harmful Content. Content or other computer technology that may damage, disable, overburden or impair the Services or any other party’s use of the Services, interfere with, surreptitiously intercept, or expropriate any system, program, or data, which includes viruses, deleterious programming routines, disruption or otherwise intentionally or unintentionally distributing malware or cause overloading, flooding or mail-bombing any part of the Services or Trojan horses, worms, time bombs, or cancelbots.

B. No Security Violations or Network Abuse

CLIENT may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include but are not limited to:

  1. Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System. Providing your password to any other person, use any other person’s username and password, or otherwise manage the Services through shared credentials is absolutely forbidden. The use of unauthorized credit cards, debit cards or other unauthorized payment devices on the Services is forbidden.
  2. Business Protection.  CLIENT may access the Internet only through an approved Internet firewall.  All material downloaded from the Internet or from computers or networks that do not belong to TQI must be scanned for viruses before being exposed to the technology systems.
  3. Interception. Monitoring of data or traffic on a System without permission.
  4. Falsification of Origin. Forging TCP­IP packet headers, e­mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
  5. Unauthorized Reproduction and Use. Take apart, decompile or reverse engineer any part of the Services to access things such as source code or algorithms, or access, search or create Accounts for the Services by any means other than our publicly supported interfaces (for example, scraping, spidering or crawling). Client shall not:
      1. Use or distribution of TQI’s software in part or in whole as part of a commercially packaged software product deployed on CLIENT premises, framework, component, library or plug-in without a TQI partner Agreement;
      2. Disassemble, decompile, decoding or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code, underlying algorithms, JavaScript or design of TQI’s software;
      3. Use, copy, modify, or merge copies of TQI’s software and any accompanying documents, except as permitted in this Agreement;
      4. Sell, lease, assign, transfer, sublicense, disseminate, translate, duplicate, reproduce or copy TQI’s software (or permit any of the foregoing) or any information pertaining thereto to any other party;
      5. Transfer, rent, lease, or sublicense this Agreement;
      6. Distribute, disclose, or otherwise make available to any third-party any portion of the source code, under no circumstances, without the express, prior written consent of TQI;
      7. Use any portion of the source code, in whole or in part, under any circumstances, as the basis for creating a product that provides the same, or substantially the same, functionality as any TQI software, nor assist or otherwise aid anyone else in taking any such actions that would limit TQI’s independent development, sale, assignment, licensing, or use of its own software or any modification, enhancement, derivative work and/or extension thereto;
      8. Modify or delete, in whole or part, any copyright, trade secret, proprietary, confidential, or other notice thereon or therein without the express, prior written consent of TQI;
      9. Export or re-export, directly or indirectly (including via remote access), any part of the TQI software to any country for which a license is required under the Export Laws without first obtaining a license, for which if CLIENT does, CLIENT takes responsibility for and assures compliance with Export Laws; and
      10. Use the services in any situation where failure or fault of the services could lead to death or serious bodily injury of any person, or to physical or environmental damage.
  6. Unreasonable Load. Take any action that imposes an unreasonable load on our infrastructure or our third-party providers. (We reserve the right to determine what is reasonable).

D. No Spam

CLIENT will not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations, like “spam either directly or indirectly. CLIENT will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. CLIENT will not collect replies to messages sent from another Internet service provider if those messages violate this Policy or the acceptable use policy of that provider.  All recipients in a TQI customer or user's contact list must have given provable consent, online or otherwise, to receive email communication and for the specific content being sent to them. TQI has the sole discretion of whether any of the messages CLIENT sends are spam. Spamming generally includes, but is not limited to, sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from the sender. CLIENT must abide by the following rules:

    1. Email lists that were obtained by any means without consent are not allowed.
    2. All email and recipient lists must adhere to the CAN-SPAM laws, as well as to any local spam laws for your location or the location of your recipient lists.
    3. Email must abide by the rules outlined in this Policy.
    4. No 3rd party unsubscribe methods are allowed.

E. Our Monitoring and Enforcement

TQI reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the Services or TQI Site. To operate effectively and protect the security and integrity of TQI, we need to maintain control over what happens on our services. TQI reserves these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to CLIENT (except where prohibited by law). CLIENT understands that it does not have an expectation of privacy when using the technology systems.  TQI may monitor use of all technology systems for its protection, the protection of its CLIENTs, and for regulatory compliance. TQI may:

    1. Investigate violations of this Policy or misuse of the Services or TQI Site; or remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the TQI Site.
    2. TQI may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information.
    3. TQI also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
    4. TQI may, at its sole discretion, deploy automatic spam filters that may temporarily block or permanently terminate emails sent to or by CLIENT without delivering them. TQI may take any and all legal and technical remedies to prevent CLIENT from sending spam. If CLIENT sends any spam, TQI may penalize CLIENT by Terminating CLIENT’s mailbox and/or through any other remedies TQI has available.
    5. TQI may change the services and their functionality;
    6. TQI may restrict access to or use of parts or all the services;
    7. TQI may suspend or discontinue parts of all the services;
    8. TQI may terminate, suspend or restrict CLIENT access to or use of parts or all the services;
    9. TQI may terminate, suspend or restrict access to your account of your site(s); And,
    10. TQI may change our eligibility criteria to use the services (and if eligibility criteria \ changes are prohibited by law where you live, TQI may revoke CLIENT’s right to use the services in the jurisdiction).

F. Feedback Loops and Abuse Reporting

TQI is registered with Internet Service Provider ("ISP") feedback loops and monitors abuse reports. These feedback loops notify TQI when your or your user's contact marks a message as "spam".  CLIENT and CLIENT’s users are subject to warnings, suspension or termination if TQI receives a report containing a high number of spams reported against your or your user's account.

G. Bounce Rates

An account's bounce rate is subject to be monitored by TQI. An account's bounce rate should consistently remain under 8% as many ISPs will begin blocking IPs for higher bounce rates. Accounts with high bounce rates are subject to warnings, suspension or termination. To avoid such consequences, ensure your list of contacts are reviewed and maintained regularly.

H. Plugins and Integrations

CLIENT and CLIENT’s users utilizing TQI's available integrations and plugins must adhere to TQI's policies, as well as those of the 3rd party system being integrated. If CLIENT is found to be violating TQI's or an integrated 3rd party system's policy, CLIENT’s account will be subject to suspension or deletion.

I. Reporting of Violations of this Policy

If CLIENT becomes aware of any violation of this Policy, CLIENT will immediately notify TQI and provide TQI with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please contact our Legal Department: [email protected].