ClickBid Acceptable Use Policy

Last Updated: September 2019

This Acceptable Use Policy describes actions that ClickBid, LLC (“ClickBid”) prohibits when you use the ClickBid Website, the ClickBid App, the ClickBid Platform and/or any other ClickBid Service (the “ClickBid Service(s)”). The terms “you,” “your,” and “yours” refers to any person or entity that accesses or uses the ClickBid Services.

This Acceptable Use Policy is incorporated by reference to our Terms of Service and our Website Terms and Conditions. Our Terms of Service take precedence over any conflicting provision of this Acceptable Use Policy. BY USING THE CLICKBID WEBSITE, THE CLICKBID APP, THE CLICKBID PLATFORM AND/OR ANY OTHER CLICKBID SERVICE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS ACCEPTABLE USE POLICY AS WELL AS any other terms and conditions of use posted by ClickBid on its Website including its TERMS OF SERVICE AND WEBSITE Terms and Conditions. IF YOU DO NOT AGREE TO THIS ACCEPTABLE USE POLICY YOU SHALL NOT USE THE CLICKBID WEBSITE, THE CLICKBID APP, THE CLICKBID PLATFORM AND/OR ANY OTHER CLICKBID SERVICE. Any term which is not defined in this Acceptable Use Policy shall have the meaning ascribed thereto in the ClickBid’s Terms of Service and/or Website Terms and Conditions.

ClickBid may, in its sole discretion, determine whether you are in violation of this Acceptable Use Policy. The ClickBid Services may only be used for lawful purposes and may not be used for any illegal activities. Using ClickBid Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of same is prohibited.

The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the ClickBid Services. This list is provided by way of example and shall not be considered exhaustive.

• Adversely impacting the availability, reliability, or stability of any ClickBid Service.
• Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any ClickBid Service.
• Attempting to bypass or break any security mechanism on any ClickBid Service or using any ClickBid Service in any other manner that poses a security or service risk to ClickBid, to any user of any ClickBid Service, or to any of our or their respective customers.
• Testing or reverse-engineering any ClickBid Service in order to find limitations, vulnerabilities or evade filtering capabilities.
• Using any ClickBid Service in any manner that may subject ClickBid or any third party to liability, damages or danger.
• Using any ClickBid Service in any manner that violates any applicable third party policies or requirements that ClickBid has communicated to the customer.
• Using any ClickBid Service in any manner that violates the Mobile Marketing Association and/or the Interactive Advertising Bureau’s guidelines and/or best practices, carrier guidelines, or any other industry standards.
• Engaging in fraud with respect to your account.
• Using your account to engage in fraudulent activity with respect to third parties.
• Using any of the ClickBid Service or ClickBid Trademarks other than as expressly permitted in the Website Terms and Conditions and the Terms of Service.
• Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
• Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations.
• Using any ClickBid Service in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
• Using phone numbers provided by ClickBid (“ClickBid Phone Numbers”) for SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications.
• Promoting or engaging in illegal activities.
• Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Harvesting or otherwise collecting information about others, including email addresses or phone numbers, including those located on the ClickBid Website, without their express consent.
• Scraping any page, data, or portion of or relating to or available through the ClickBid Website or any content available through any ClickBid Service (through use of manual or automated means).
• Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using your account.
• Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
• Violating or facilitating the violation of any US, Canadian or foreign law regarding the transmission of technical data or software.
• Interfering with or disrupting networks connected to the ClickBid Services or violating the regulations, policies or procedures of such networks.
• Using the ClickBid Services, or any component thereof, in a manner not authorized by ClickBid.

Remedies

Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your account, civil and/or criminal liability, and ClickBid may, in addition to any remedy that it may have at law or in equity, terminate permission for you to use any or all ClickBid Services. In such event, you are still liable for any and all outstanding charges accumulated through your use of the ClickBid Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, ClickBid may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to law enforcement agencies and third parties who have provided notice to ClickBid stating that they have been harmed by your failure to abide by this Acceptable Use Policy. ClickBid’s failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of ClickBid’s rights hereunder.

Changes to this Acceptable Use Policy

We reserve the right to change this Acceptable Use Policy at any time and from time to time, without any prior notice, by posting the changed Acceptable Use Policy to the ClickBid Website. The changed Acceptable Use Policy is effective immediately upon posting on the ClickBid Website, unless the changed Acceptable Use Policy expressly states otherwise. It is your responsibility to regularly check the “Last Updated” date at the top of this Acceptable Use Policy and review any changes since the previous version. By using a ClickBid Service after this Acceptable Use Policy has been changed by ClickBid, you signify your unconditional acceptance and agreement to be bound by the changed Acceptable Use Policy. You may not change this Acceptable Use Policy.