This Acceptable Use Policy (“AUP”) relates to the use of the Snap Surveys’ online survey services, such as Snap WebHost (“Online Survey Services”) and in particular describes certain uses of the Online Survey Services that are not permitted.

For terms of use relating to the Snap Surveys Website, see http://www.snapsurveys.com/survey-software/website-terms-of-use-us/.

References in this AUP to “you” are to a customer who is a party to an agreement with Snap Surveys, researchers and all other users to whom a customer has granted access to all or part of the Online Survey Services or any survey, survey reports or results under that agreement, including associate users and survey respondents.

You are responsible for any breaches of this AUP by anyone using the Online Survey Services or participating in a survey with your permission or on an unauthorized basis as a result of you failing to use reasonable security precautions.

In this AUP, “Survey Data” means the data (including data contained in file attachments) input by a customer, researchers, associate users, survey respondents or any party on their behalf in the course of using the Online Survey Services or the software that we have licensed to you.

1 PROHIBITED USES

You may use the Online Survey Services only for lawful purposes.  You may not use the Online Survey Services to engage in or promote illegal, abusive or irresponsible behavior, including:

  • in any way that breaches any applicable local, national or international law, code or regulation, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • using an internet account or computer without the owner’s authorization;
  • to gain unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network;
  • to introduce intentionally, knowingly or recklessly any virus or other contaminating code into the Online Survey Services;
  • to collect or use information, including email addresses or other identifiers, by deceit (for example phishing, internet scamming and password robbery);
  • to publish a person’s sensitive identifying information against their wishes;
  • to use any false, misleading, or deceptive TCP-IP packet header information in an email etc.;
  • to use the Online Survey Services to distribute or link to software that covertly gathers or transmits information about a user, advertisement delivery software, malware, viruses or other contaminating code;
  • for any conduct that is likely to result in retaliation against the Online Survey Services or Snap Surveys;
  • to interfere with service to any user of the Online Survey Services or any other network including mail bombing, flooding and deliberate attempts to overload a system;
  • for action which directly or indirectly results in any of Snap Surveys’ or its affiliates IP space being listed on any abuse database (e.g. Spamhaus).

You agree that we may quarantine or delete any Survey Data stored on the Online Survey Services if the Survey Data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the Online Survey Services systems or other data stored on the Online Survey Services systems.

2 OFFENSIVE CONTENT

You may not publish, transmit or store on or via the Online Survey Services any content or links to content that we reasonably believe is unlawful, harmful, threatening, obscene, harassing, offensive or which is otherwise malicious, fraudulent or morally unacceptable, including any content which:

  • facilitates illegal activity;
  • depicts sexually explicit images;
  • exploits minors;
  • is excessively violent, incites or threatens violence, or contains harassing content or hate speech;
  • creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement authorities;
  • is discriminatory in any way, including discrimination based on race, ethnicity, gender, color, age, religious belief, sexual orientation or disability;
  • is unfair or deceptive under the consumer protection laws of any applicable jurisdiction;
  • is defamatory or violates a person’s privacy.

3 INTELLECTUAL PROPERTY RIGHTS

You must ensure that you have the right to use all content in your surveys.

You may not use the Online Survey Services:

  • in any manner which infringes any copyright, patent, trade mark, design or other intellectual property right;
  • to publish content intended to assist others in defeating technical copyright protections;
  • to publish another person’s trade secrets, or other proprietary or confidential information.

4 EMAIL REQUIREMENTS, PRIVACY POLICY AND COOKIES

You may only use the Online Survey Services to send the following categories of email:

  • emails inviting survey respondents to participate in surveys hosted on the Online Survey Services and reminder emails;
  • emails that are automatically generated on completion of  a survey by a respondent;
  • emails notifying authorized individuals that survey reports or results are available to view or which deliver the survey reports or results to those individuals.
    You must comply with all laws relating to the sending of unsolicited emails (for example the US CAN-SPAM Act of 2003 and the UK Privacy and Electronic Communications (EC Directive) Regulations 2003) that are applicable to your use of the Online Survey Services.

All emails that you send using the Online Survey Services must:

  •  clearly identify you as the sender of the email and contain a valid reply-to email address;
  • be sent only to recipients who have consented to receiving emails from you;
  • where applicable, contain an ‘opt-out’ or unsubscribe link which allow recipients to cease receiving emails from you. You must process all unsubscribe requests promptly and not send further emails to any recipient who has unsubscribed.

As data controller for the Survey Data, you are responsible for ensuring that survey respondents understand how their personal data will be used and who it will be shared with. We recommend that you include a link to your privacy policy either at the beginning of your survey or in the invitation email to your survey. We also encourage you to include a link to the Snap Surveys’ Privacy Policy, available at http://www.snapsurveys.com/privacy-policy-us/, as your data processor.

The Online Survey Services may contain notifications regarding the use of cookies. You may not override such notifications if your use of the Online Survey Services involves use of the relevant cookies.

5 EXCESSIVE USE

You may not use the Online Survey Services in a manner which unnecessarily interferes with the normal operation of the Online Survey Services, or consumes a disproportionate share of the resources of the Online Survey Services systems. Such usage may affect the speed, responsiveness, stability, availability or functionality of the Online Survey Services for other users.

We will attempt to notify you of any such excessive use to provide you with the opportunity to reduce it to a level which is acceptable to us.

6 NO HIGH RISK USE

You may not use the Online Survey Services in any situation where failure or fault of the Online Survey Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Online Survey Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or medical life support devices.

7 PROTECTED HEALTH INFORMATION

You may not use the Online Survey Services to handle ‘protected health information’ as described under the U.S. Health Insurance Portability and Accountability Act of 1996 (also known as HIPAA), or any other local, national or international law, code or regulation which imposes any additional obligations on us as a result of the handling of such information. If you are in any doubt, please check with us first.

8 VULNERABILITY TESTING

You may not attempt to probe, scan, penetrate or test the vulnerability of Snap Surveys’ systems or networks, or the systems and networks of its hosting provider(s), or to breach their security or authentication measures, whether by passive or intrusive techniques.

9 CHANGES TO THIS AUP

We may change this AUP on giving notice by email to you or by posting a notice on the homepage of our website, www.snapsurveys.com. The revised AUP will take effect for all users 14 days after that posting.

10 SUSPENSION AND TERMINATION

Although we do not intend to actively monitor your use of the Online Survey Services, we may take such actions as we deem appropriate if we become aware of a breach of this AUP.

If you breach the AUP we may suspend or terminate your use of the Online Survey Services or any software that we have licensed to you. We may block any content or traffic and disable your access to any material that breaches this AUP. We may also disclose such information to law enforcement authorities as we reasonably feel is necessary in the circumstances.

Snap Surveys NH, Inc.
Address: 210 Commerce Way, Suite 200, Portsmouth, NH 03801, USA
Telephone: (603) 610-8700
Email: legal@snapsurveys.com
Website: www.snapsurveys.com

Last Updated February 2015