This Acceptable Use Policy (“AUP”) establishes certain rules and requirements pertaining to the use of Mobilize Network, Inc.’s (“Mobilize”) websites, products or services (collectively the “Services”). This AUP may be amended at any time and such amendment or termination will be effective at the time Mobilize posts the revised AUP to its website(s). This AUP is incorporated by reference into the definitive agreement between Mobilize and the Customer regarding such Services (“Agreement”). Capitalized terms not defined in this AUP will have the meanings set forth in the Agreement.
1.1 This AUP is intended to protect the Customers and individual users of Mobilize’s Services (such Customers and users singularly and collectively referred to as “Users”) and the Internet community as a whole from improper, inappropriate, abusive, or illegal activity. When using any Mobilize Services, all Users, must comply with this AUP and are expected to adhere to commonly accepted practices of the Internet community.
2.1 The Services may only be used for lawful purposes.
2.2 The Services may not be used in any manner that causes a telecommunications provider to complain about such use to Mobilize or materially violates the following: (i) industry standards, policies and applicable guidelines published by (a) the CTIA (Cellular Telecommunications Industry Association), (b) the Mobile Marketing Association, or (c) any other generally recognized industry associations located anywhere in the world; or (ii) telecommunications provider guidelines and usage requirements as communicated in writing by Mobilize to Customer.
2.3 The Services may not be used in a manner which purposely alters or forges any User’s identity, deceives any third party or impersonates any other party.
2.4 The Services may not be used to violate system or network security including, but not limited to, by (i) gaining unauthorized access to any User account, network, system, computing facility, equipment, data or information; (ii) engaging in any activities that may interfere with the ability of others to access or use the Services, including, but not limited to launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Services; (iii) attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a material security or service risk to Mobilize or any of its other customers; (iv) unauthorized monitoring, including but not limited to recording or monitoring any communication without securing consent from the participants to the communication as required under applicable law; or (v) transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.
2.5 Users may not perform any penetration testing or make any other intrusion attempts on the Services without Mobilize’s prior written consent.
2.6 The Services may not be used to transmit any material, data, or content (a) that infringes the intellectual property rights or other rights of third parties; (b) that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise reasonably objectionable to any person or entity; or (c) 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 or content that Mobilize 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 protected category.
2.7 Users may not use the Services to harvest or collect information about individuals, including email addresses or phone numbers, (i) without their explicit consent or under false pretenses or (ii) that infringes the intellectual property rights or other rights of Mobilize.
4.1 Mobilize expects Users to comply with all applicable laws and industry best practices in connection with their use of the Services, including, without limitation, (i) laws or regulations relating to permissioning and consent requirements pertaining to data acquisition and transmitting email, SMS, MMS, text, and other communications, and (ii) laws or regulations that prohibit engaging in any unsolicited advertising, marketing, messaging or transmission of communications; (iii) anti-spam laws or regulations; or (iv) applicable data protection or privacy laws, regulations, or legislation.
4.2 Users agree to adhere to the sender requirements and obligations under the CAN-SPAM act of 2003 and any amendment or successor thereto. Additionally, Users must abide by the Telephone Consumer Protection Act, as amended (TCPA), and the Children’s Online Privacy Protection Act as they pertain to Users marketing and prospecting using the Services.
4.3 Users also agree to abide by any existing state laws regarding transmission of electronic communications including, but not limited to, those that specifically address sending email, text and other electronic communications to minors.
4.4 Users agree that sending email(s), SMS, MMS, text messages and other electronic communications to international countries will require it to abide by and comply with the “destination country” laws and other compliance requirements for commercial electronic transmissions and communications. For purposes of clarity, Mobilize expects Users to agree to the laws of the countries where the recipients of its transmissions and communications are located when such transmissions are received.
5.1 Users will cooperate with appropriate law enforcement and other governmental agencies and other parties involved in investigating claims of illegal or inappropriate activity. If any Users become aware of any violation of this AUP by any person, including, but not limited to, downstream customers, User, or third parties, Mobilize requires that such Users notify Mobilize immediately at [email protected] Mobilize will catalog, investigate and address all reports of violations and/or abuse. In addition to other remedies available pursuant to the Agreement, any Users account found to be in violation of this AUP is subject to immediate suspension and will not be allowed to send any communications using the Services. In such an event, access will only be restored when Mobilize is satisfied that such violation has been remedied. Users are strictly responsible for all use of the Services in violation of this AUP, including, but not limited to, use by applicable Users.