Clearspan SMS/MMS Service Supplemental
Terms and Conditions

Your use and/or continuation of the SMS/MMS Service constitutes your acceptance of this AUP. 

We reserve the right to refuse to provide the SMS/MMS Services to anyone that violates this AUP.  This AUP may not represent all possible ways in which you or a user engage in unacceptable behavior. We reserve the right to determine, in our sole and exclusive judgment, what activities are unacceptable. 

Violations of Law. You shall not use the SMS/MMS Services to violate any Applicable Law. “Applicable Law” includes all applicable laws, rules and regulations applicable to you, your business or the subject matter of the Agreement including without limitation, laws governing the use of individual information, deceptive and misleading advertising, electronic commercial communications, telemarketing and other similar laws, which include without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended.

Prohibited Uses. You shall not use the SMS/MMS Services for, or in connection with, the following:

• Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.
• Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.
• Impersonation of any person or entity, including, but not limited to falsely state or otherwise misrepresent your affiliation with a person or entity.
• Harm minors in any way.
• Making available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any Applicable Law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.
• Making available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
• Stalking or otherwise harassing any person or entity.
• Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
• Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.
  Deceptive practices such as posing as another service for the purposes of phishing or pharming.
• Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.
• Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Sending unwanted telemarketing, promotional or informational messages without having procured the necessary consents, right and license from the recipients of your messages.
• Sending messages in violation of the U.S. National Do Not Call Registry or related considerations under Applicable Law.
• Send Protected Health Information unless allowed under Applicable Law.
  Registering for more Accounts or associated Admin Logins or User Logins than for which fees have been paid or register for an Account on behalf of an individual other than yourself.

Security.  You may not use the SMS/MMS Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other system that is accessible through, or in connection with, the SMS/MMS Services. Without limiting the foregoing, you shall not use the SMS/MMS Services for, or in connection with, the following:

• Hacking, cracking into, or otherwise using the non-public areas of the SMS/MMS Services or any other system without authorization.
• Unauthorized probes or port scans for vulnerabilities.
• Unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system.
• Web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled.
• Unauthorized network monitoring or packet capture.
• Forged or non-standard protocol headers, such as altering source addresses.
• Denial of Service (DoS) attacks of any kind.
• Distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
• Operating network services such as: open proxies; open mail relays; or open, recursive domain name servers.
• Sharing or publishing content from the SMS/MMS Services to cause, or have the consequence of causing, the user of the content to be in violation of the Agreement and this AUP.
• Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

Unsolicited Messages. You shall not use the SMS/MMS Services for purposes of distributing bulk unsolicited messages unless allowable by law. Additionally, you shall not use the SMS/MMS Services to send unwanted messages to individuals who have asked to stop receiving text messages through any medium. To the extent required by Applicable Law, you must track and record all such requests specific to your business. You must also provide recipients of those messages you send via the SMS/MMS Services with the ability to opt-out from receiving any future text messages, by texting STOP in a stand-alone message with no additional characters or punctuation. The SMS/MMS Service platform responds programmatically to the keyword STOP, and it works with a market leading digital security firm to monitor for and prevent spam.

Data Collection. You shall not collect information or data on users without their consent or entering into an existing business relationship with them.

Responsibility.  You are solely responsible for obtaining all necessary and appropriate consents from those persons and entities with whom you message or otherwise communicate with via the SMS/MMS Services as required by Applicable Law, prior to commencing any such messaging or communication.

Changes to this AUP. This AUP is subject to occasional revision. We will take reasonable steps to notify you of any material changes or modifications to this AUP.  If you do not agree to the changes in this AUP, you must discontinue use of the SMS/MMS Services. Your continued use of the SMS/MMS Services shall be deemed your conclusive acceptance of any such revisions.