Acceptable Use Policy

Last Modified: March 15, 2019

This Backbar Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (Backbar), whether we provide it directly or use another party to provide it to you (each, a "Backbar Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the Backbar 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 Backbar Service unless you agree to them. By using the Backbar Service, you are agreeing to these terms.

If you are using any Backbar Service, this AUP applies to you. Every user 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 monitoring accounts, using public sources or verifying information provided. We may also suspend or terminate your use of Backbar Services 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 Backbar portal used to access your Backbar 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 Backbar Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to us. Information on how to contact us can be found at http://support.getbackbar.com

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 User Actions

a. You may not use Backbar to send spam. Spam can be in the form of bulk email or one to one commercial emails.

b. You may not use any misleading or false names, addresses, email address, or subject line.

3. No Disruption

You agree not to use the Backbar 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 Backbar 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 Backbar Service in a way that causes or may cause any Backbar IP addresses, Backbar domains, or Backbar customer domains to be blacklisted. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

4. Proper Usage of the Backbar Service

You will respect the limits that apply to your use the Backbar Service as specified on your Order or on the Services and Pricing page. We may update or change these Service Limits by updating the Services or Pricing page, 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 Backbar 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 Backbar Service from using and enjoying our website and/or the Backbar Service;
harvests or otherwise collects information about others, including e-mail addresses, without their consent;
violates a legally binding agreement or legal obligation between private parties;
is not a good faith use of the service, such as uploading information known to be inaccurate or false; and/or
is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and any regulations having the force of law or laws in force in your country of residence.

You will use the Backbar Service for your internal business purposes and will not: (i) willfully tamper with the security of the Backbar Service or tamper with our customer accounts; (ii) access data on the Backbar Service not intended for you; (iii) log into a server or account on the Backbar Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Backbar Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Backbar Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Backbar Service or make the Backbar Service available to a third party other than as contemplated in your subscription to the Backbar Service; (vii) use the Backbar 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 Backbar Service without our prior written consent.

5. Allowed Industries and Uses

The Backbar Services are intended for use by the hospitality industry and in particular, establishments that serve and sell food and/or beverages. This includes restaurants, bars, hotels, casinos, private clubs, and other types of businesses that include on premise establishments for selling food and beverages.

Backbar may only be used by commercial businesses or non-profit organizations that sell food and/or beverages. Use of the Backbar Services for personal use, or by businesses or organizations that do not sell food and/or beverages, is strictly prohibited, unless you obtain prior written authorization to use Backbar Services.

Users may not misrepresent themselves or their purported company or organization in order to access Backbar Services or products. This includes individuals working on behalf of, employed by, or in furtherance of, competitors of Backbar. Competitors are defined as any company that primarily develops or sells software to the hospitality industry.

Backbar may review your user and organization accounts and verify the information you provided is accurate. Backbar may use publicly available information to verify accuracy or attempt to contact the company or representatives of the company, to verify the accuracy. Backbar may, at its own discretion, suspend or cancel accounts that it believes were created under false or misleading pretenses or where the information cannot be confirmed.

Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Backbar Service, or any identifier or tag generated by the Backbar Service, including without limitation: (a) as a hypertext link 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.

6. General Terms

We may immediately suspend your access to the Backbar 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 Customer 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 Backbar 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 http://www.getbackbar.com/legal/acceptable-use-policy. If you have a Backbar subscription, we will we will let you know through the Notification app in the Backbar portal used to access your Backbar subscription. If you do not have a Backbar 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.

Backbar Terms of Service and Legal Policies

Acceptable Use Policy: http://www.getbackbar.com/legal/acceptable-use-policy

Acceptable Use Policy

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