Tenstreet is the owner of a platform of technology and software which offers multiple services and features to the trucking industry, in support of motor carriers or other companies and drivers or other individuals through its computer interface, including but not limited to the Tenstreet Dashboard, Tenstreet Xpress, Tenstreet’s Xchange Network, Driver Pulse, Stay Metrics, True Fuel, and True Load Time (“Tenstreet Platform”).
This ACCEPTABLE USE POLICY (“AUP”) describes the code of conduct required for the use of the Tenstreet Platform as well as actions that Tenstreet prohibits when any party uses the Tenstreet Platform. This Policy is incorporated by reference and governed by the Master Service Agreement, as well as any Addendums or other similar written agreement between Client (“you”) and Tenstreet (“we” or “us”), and the defined terms of those agreement are hereby incorporated into this AUP. You, the Client and your users, must use the Tenstreet Platform in accordance with this AUP.
Tenstreet is committed to honest and ethical business practices and we ask that you and your users (including third-party users), employees, and agents to conduct business in a manner that is likewise honest and in line with ethical business practices. Consistent with this, you agree not to use, and not to permit any of your users (including third-party users), employees, or agents, to use Tenstreet’s Platform in prohibited manners, including, without limitation, the following:
- Using Tenstreet Services to encourage any illegal, abusive or other activities that interfere with the business or activities of Tenstreet, its users or its third-party service providers or in any way that may subject Tenstreet or any third party to liability, damages, or danger.
- Attempting to bypass, modify, disable, or break any security mechanism on the Tenstreet Platform or using Tenstreet Services in any other manner that poses a security or service risk to Tenstreet or any of its users.
- Reverse-engineering the Tenstreet Platform in any way whether to find limitations, vulnerabilities, evade filtering capabilities, or otherwise infringe upon Tenstreet intellectual property.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on the Tenstreet Services or any other conduct that adversely impacts the availability, reliability or stability of the Tenstreet Platform.
- Knowingly transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful or deleterious programs.
- Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems. If you are unsure about an upload or a particular action, contact [email protected] prior to taking any such action.
- Use of any manual and/or automated software, devices and/or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” and/or download data from any pages contained in the Tenstreet Services.
- Using Tenstreet Services in any manner that violates: industry standards; any third-party policies including all of the applicable guidelines published by CTIA-The Wireless Association , Mobile Marketing Association, Inc., or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third-party policies or requirements in any other jurisdiction); or any requirements that Tenstreet may communicate to its Clients including any usage requirements or restrictions.
- Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN-SPAM Act, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, and any similar or analogous anti-spam, data protection or privacy legislation in effect in any applicable jurisdiction.
- Using the Tenstreet platform in connection with any unsolicited or harassing communications (commercial or otherwise) including unsolicited or unwanted messages, emails, phone calls, SMS or text messages, voice mail or faxes.
- Using the Tenstreet Platform to engage in or in connection with fraudulent activity, illegal activity, or unfair, predatory, or deceptive practices including in any way that is libelous, defamatory, obscene, indecent, threatening, or harassing.
- Using the Tenstreet Platform to violate the privacy or rights of others, including sharing, publishing, or posting personal, private, or confidential information of others without their permission.
- Violating or facilitating the violation of any local, state, federal or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- Using Tenstreet Services to transmit any material that infringes the intellectual property rights of any third parties or Tenstreet, including but not limited to deleting or altering any copyright, trademark or other proprietary rights notice.
- Using Tenstreet Services to transmit any material that is, facilitates or encourages libelous, defamatory, discriminatory or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Tenstreet reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other category.
- Misrepresenting yourself, creating or using a false identity or forged email address or header, or phone number, or otherwise attempting to mislead Tenstreet or others as to your identity, or the identity of the sender or the origin of a phone call or message.
- Using Tenstreet Services, or any component of the Tenstreet Platform, in any manner not authorized by Tenstreet.
This list of prohibited uses should not be considered exhaustive. This AUP has examples of restricted behavior, but does not list all restricted behaviors, which we may reasonably expand from time to time.
Tenstreet may take any action that it deems appropriate to enforce this AUP, including suspension or cancellation of services, restricting your use of the services, termination your services or any other corrective action. All determinations related to violations of this Acceptable Use Policy will be made by Tenstreet in its sole discretion.