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1. Scope

This Best Practices Policy (“Policy”) applies to the use of any product, service or website (the “Services”) provided by IDK Labs, Inc. d/b/a Guide (“Guide” or “we” or “us”), whether we provide it directly or use another party to provide it to you.

This Policy is designed to ensure compliance with the laws and regulations that apply to the Service, and protect the interests, goodwill and reputation of Guide and Guide’s clients and their customers. Please read it carefully and reach out if you have any questions.

2. Use of the Service

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

3. Email Best Practices

Email sent, or caused to be sent to or through the Service may not: (a) use or contain invalid, false, misleading or forged headers; (b) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (c) use or contain invalid or non-existent domain names; (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. Further, each email you send or is sent for you using the Service must contain 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) be stopped (and how the recipient can notify you of such). 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.

4. Prohibited Material

You may not use the Services to display, store, process or transmit, or permit use of the Services to display, store, process or transmit: (a) material or content that infringes or misappropriates a third party’s intellectual property or proprietary rights; (b) obscene, excessively profane material or otherwise objectionable material; (c) hate-related or violent material including material advocating discrimination or racial, religious or ethnic intolerance or material advocating or advancing computer hacking or cracking; (d) material related to phishing or drug paraphernalia; (e) malicious material or code, such as viruses, worms time bombs, trojan horses and other harmful files, scripts agents or programs; (f) unlawful software; (g) material that violates or encourages conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.

5. Prohibited Actions

You may not, and may not allow any third-party, including its users, to use the Service to:

  • Generate or facilitate unsolicited commercial email (spam) by, including without limitation: (a) sending communications or email in violation of the CAN-SPAM Act or any other applicable anti-spam law or regulation; (b) imitating or impersonating Guide, another person or his, her or its email address, or creating false accounts for the purpose of sending spam; (c) data mining or harvesting any web property (including the Service) to find email addresses or other user account information; (d) sending unauthorized mail via open, third-party servers; (e) sending email to users who have requested to be removed from a mailing list; (f) selling to, exchanging with, sharing with or distributing to a third party personal information, including the email addresses of any person without such person’s knowing and continued consent to such disclosure; or (g) sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
  • Use the Service in any manner that would disparage Guide or its customers;
  • Conduct or forward multi-level marketing, such as pyramid schemes and the like or engage in any unauthorized commercial purpose;
  • Interfere with other users’ enjoyment of the Service, engage in phishing, or transmit material that may be harmful to minors;
  • Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any other applicable law including anti-spam, telemarketing or telephone consumer protection laws or regulations;
  • Violates any applicable industry standard, third party policy or requirement that Guide may communicate to its users;
  • Access any Guide product or service, or other service or website, in a manner that violates the terms for use of or access to such service or website;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
  • Access a third party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to identify itself via a unique User Agent string describing the purpose of the web client and obey the robots exclusion standard (also known as the robots.txt standard), including the crawl-delay directive;

6. Changes to Policy

Guide may change this Policy by posting an updated version of the Policy at guide.co/bestpractices and such updates will be effective upon posting; provided however, any updates that impose new material obligations or restrictions will apply 10 days after being posted. Once a Policy update takes effect, your use of the Services will be subject to the updated Policy.

7. Violations

A violation of this Policy will be considered a material breach of the Terms of Service and/or other agreement(s) governing your use of the Services. Upon breach, we may immediately suspend or terminate your access to the Service. You acknowledge we may disclose information regarding your use of the Service to satisfy any law, regulation, governmental 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.

8. U.S. Digital Millennium Copyright Act

You must (i) comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) (the “DMCA”) or the European Union Council Directive 2000/31, On Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market or other counterparts or their local counterparts, (ii) publicly display a description of its notice and takedown process under the DMCA on its instance of the Services, and (iii) comply with that description. If Guide receives a notice alleging that material on a customer’s instance of an Service infringes another party’s intellectual property, Guide may disable that customer instance of the Service or remove allegedly infringing material. If Guide receives more than one such notice for the same customer, Guide reserves the right to immediately terminate such customer’s subscriptions to the Service as deemed necessary by Guide to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties’ rights.

9. How to contact us

If you have any questions about this Best Practices Policy, the Terms of Service of Guide, or your dealings with the Service, or if you want to report any security issue, please contact us at support@guide.co.