This BOMA – Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by us (BOMA Technologies Limited), whether we provide it directly or use another party to provide it to you (each, a “BOMA service “). This AUP is designed to ensure compliance with the laws and regulations that apply to the BOMA 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 BOMA service unless you agree to them. By using the BOMA service, you are agreeing to these terms.
If you are using any BOMA 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 periodically update these terms and we will let you know when we do through the Notification app in the BOMA portal used to access your BOMA 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.
We encourage recipients of email messages sent using the BOMA service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to email@example.com. 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.
You may not use the BOMA service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”) in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, or (d) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below).
Email sent, or caused to be sent to or through the BOMA service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (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. You are prohibited from using the BOMA service to email purchased lists.
If you use email, we recommend that you adopt the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available at https://www.m3aawg.org/sites/default/files/document/M3AAWG_Senders_BCP_Ver3-2015-02.pdf. You will use commercially reasonable efforts to follow these practices.
You warrant that each email you send or is sent for you using the BOMA 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). These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.
You must comply with all laws relating to telephone marketing, including without limitation those specifically referenced in the ‘Proper Usage of BOMA service section below. You must comply with all laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording. If you use the BOMA service to place telephone calls, you must also comply with all applicable industry standards, including those applicable guidelines published by the CTIA and the Mobile Marketing Association. You are prohibited from using or permitting access to use the BOMA service to make emergency calls or to provide or seek emergency services.
You agree not to use the BOMA 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 BOMA service to gain unauthorised access to, use, monitor, make an unauthorised 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. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the BOMA service with content, or in a manner that:
You will use the BOMA service for your internal business purposes and will not: (i) wilfully tamper with the security of the BOMA service or tamper with our customer accounts; (ii) access data on the BOMA service not intended for you; (iii) log into a server or account on the BOMA service that you are not authorised to access; (iv) attempt to probe, scan or test the vulnerability of any BOMA service or to breach the security or authentication measures without proper authorisation; (v) wilfully render any part of the BOMA service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the BOMA service or make the BOMA service available to a third party other than as contemplated in your subscription to the BOMA service; (vii) use the BOMA 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 BOMA service without our prior written consent.
BOMA must always be in Larsseit font, and #00000 colour. The BOMA trade mark must not be used alongside any other word or image.
If you breach of this AUP we may immediately suspend your access to the BOMA service. We may also terminate your and our subscription agreement for cause if you breach this AUP. You acknowledge we may disclose information regarding your use of any BOMA 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://bomamarketing.com/legal/acceptable-use. If you have a BOMA subscription, we will we will let you know through the Notification app in the BOMA portal used to access your BOMA subscription. If you do not have a BOMA subscription, we will let you know by posting the revised copy on our website. The updated AUP will become effective and binding on the next business day after it is posted. 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.
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