Acceptable Use Policy

Scope. Customer and all persons and entities accessing the Services must comply with this Acceptable Use Policy (“AUP”). By using the Services, Customer acknowledges, and agrees to ensure compliance with, this AUP. SERVICE PROVIDER in its discretion may modify this AUP at any time.

Restrictions on Use. Customer agrees to ensure that the Services will not be used in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, Customer agrees to not permit the Services to be used to transmit or disseminate any:

(i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom Customer or its End-Users do not otherwise have a legal right to send such material;

(ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers;

(iii) material or data, that is illegal, or material or data, as determined by SERVICE PROVIDER (in SERVICE PROVIDER’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of SERVICE PROVIDER or any third-party service provider involved in the provision of the Services;

(iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier;

(v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;

(vi) material or information that is false, misleading, or inaccurate;

(vii) material that would expose SERVICE PROVIDER, any third-party service provider involved in providing the Services, or any other third party to liability; and/or

(viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of SERVICE PROVIDER or any third party.

(ix) high-risk financial offers on shared shortcodes including but not limited to: loan origination and matching for payday loans, short-term loans, auto loans, mortgage loans, student loans, cash advance, and title loans; debt consolidation; investment opportunities; credit repair programs; tax relief programs; and work from home programs

(x) material or data that is intended to impersonate a federal agency or program

(xi) material or data that is intended to SPAM, scam, or PHISH

Customer shall not access any Carrier services that Customer has not ordered or for which Customer has not paid applicable fees. Customer will not use or attempt to use a third party’s account with SERVICE PROVIDER, or interfere with the security of, or otherwise abuse, the Services or other SERVICE PROVIDER customers. Customer shall not interfere in any manner with SERVICE PROVIDER’s provision of the Services.

Furthermore, you agree to the following minimum usage and compliance levels that will be measured at the account level on a calendar month basis. Notice for Violation to these minimum usage and compliance requirements will be sent to the email address of the master account user and you will have 15 days from notice to comply. Violation of the minimum usage and compliance levels can result in further action on your account in accordance with the Terms of Service.

(i) Each originating number must have at least two SMS messages

(ii) Each keyword on a shared shortcode must have at least one opt in or outgoing campaign associated with the opt ins

(iii) Each keyword response must include brand information, offer information, stop instructions, customer care instructions, and include the disclaimer “Msg&Data rates may apply”