Acceptable Use Policy

Last Modified: November 6, 2020

1. Welcome. This Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by Omega Financial, LLC (“OmegaFi”, “Software Provider”, "Us", "We" or "Our") whether we provide it directly or use another party to provide it to you (each, the “Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the 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 Service unless you agree to them. By using the Service, you are agreeing to these terms.
   
2. Applicability. If you are using any of our Services, 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 the Services pursuant to our Master Solution Agreement with customers for violations of this AUP.
3. Updates. We may modify this AUP at any time so be sure to check back regularly. By continuing to use or log in to this Site after this AUP has changed, you indicate your agreement to the revised AUP. The last date this AUP was revised is set forth above.
4. Reporting Suspected Violations. We encourage recipients of email messages sent using the Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to legal@omegafi.com. We have a policy to investigate these reports and to respond in the way we consider appropriate. If you know of or suspect a violation of this AUP, please promptly notify us in writing of the known or suspected violation of this AUP.
5. Prohibited Email Actions
   1. You may not use our system or the Service to send spam. Spam can be in the form of bulk email or one to one commercial emails. Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content. One-to-one commercial emails are spam when they violate CAN-SPAM.
   2. You may not use the Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver spam in violation of the CAN-SPAM Act, Canada’s Anti-Spam Legislation (referenced below) or any other applicable anti-spam law.
   3. 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 Service may not: (i) use or contain invalid or forged headers; (ii) use or contain invalid or non-existent domain names; (iii) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (iv) use other means of deceptive addressing; (v) 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; (vi) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (vii) use our trademark(s), tagline(s), or logo(s) without our prior written consent. You agree to use commercially reasonable efforts to follow these practices.
6. Prohibited Activities. You agree, directly and indirectly, not to:
   1. use the Service in a way that impacts the normal operation, usability, 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;
   2. use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;
   3. use the Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Service;
   4. attempt to gain unauthorized access to the Service;
   5. access the Service other than through our interface;
   6. use the Service to gain unauthorized access to, use, monitor, or make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so;
   7. generate or facilitate SMS, MMS or other text messages or push notifications in violation of the Telephone Consumer Protection Act, or any other applicable law including anti-spam, telemarketing or telephone consumer protection laws or regulations;
   8. transmit material that may be harmful to minors;
   9. use the Service in a way that causes or may cause any of our IP addresses, domains, or customer domains to be blacklisted;
   10. distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other item of a destructive or deceptive nature;
   11. send, upload, distribute or disseminate, or offer to do the same, with respect to unlawful, defamatory, libelous, harassing, abusive, fraudulent, infringing, obscene, violent or otherwise objectionable material;
   12. download any file that you know, or reasonably should know, cannot be legally distributed in that way;
   13. violate 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);
   14. impersonate another person, entity or us (via the use of an email address or otherwise);
   15. violate the legal rights (such as the rights of privacy or publicity) of others;
   16. promote, facilitate or encourage illegal activity;
   17. restrict, inhibit or interfere with other users’ enjoyment of the Service;
   18. “mine” bitcoins or other cryptocurrencies;
   19. infringe a third party's intellectual property right(s);
   20. publish, post, upload, or otherwise distribute 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;
   21. attempt to probe, scan or test the vulnerability of any Service or to breach the security or authentication measures without our written consent;
   22. access (including through any interfaces provided with the Service) any data, product or service or other service or website, in a manner that violates the terms of use of or access to such service or website;
   23. lease, distribute, license, sell or otherwise commercially exploit the Service or makes the Service available to a third party other than as contemplated in your agreement with us; or
   24. access the Service to build, sell, market or enhance any product that competes, directly or indirectly, in our determination, with the Service;
   25. use the Service to violate 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.), 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, Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), and any regulations having the force of law or laws in force in your or your email recipient's country of residence.
7. General Terms. We may immediately suspend your access to the Service if you breach this AUP or do not respond to us in a reasonable period after we have contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our agreements with customers and, if you breach this AUP, we may terminate your subscription agreement for cause. 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.