We’ve developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our policies regarding activities that may be harmful to our Users or compromise the efficiency of our SMS services environment.
We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.
To meet the changing needs of our Users, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site(s) periodically.
If you feel you have discovered a violation of any area of our AUP (other than notices of alleged infringement by our customers or any court orders, subpoenas, search warrants, or other legal process, the email address for all of which is “email@example.com“)
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX. DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.General Information
As used herein, the term “User” or “Users” shall include any and all users, Customers, Resellers, subscribers, affiliates (including without limitations Customers or non-Customers to whom MsgClub provides links or banners to promote the services or products of MsgClub or any third party the services or products of which are offered by or obtained through or in connection with MsgClub), resellers or others
In order to protect these competing interests, MsgClub has developed this Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each User’s respective Service Level Agreement and is intended as a guide to the User’s rights and obligations when utilizing MsgClub services. This AUP will be revised from time to time. A User’s use of MsgClub services after changes to the AUP are posted on MsgClub Web site, under the Terms of Services section, will constitute the User’s acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that MsgClub cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire.
For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because MsgClub cannot monitor or censor the Internet, and will not attempt to do so, MsgClub cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that MsgClub does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet.
they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over MsgClub network and may reach a large number of people, including both Users and subscribers and non-subscribers of MsgClub, Users’ postings to the Internet may affect others and may harm MsgClub goodwill, business reputation, and operations. For these reasons, Users violate MsgClub policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.Scope
This AUP governs the usage of products and services of MsgClub or of any third party which are subscribed to or obtained through MsgClub (the “Services”). This AUP is incorporated by reference into each contract MsgClub or any such third party enters into with a User for the use of such Services. MsgClub may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of MsgClub so that no person who utilizes the Web site or services of MsgClub (regardless of whether that person is a User) may take any action utilizing the Web site of MsgClub that a User would be prohibited to take utilizing the Services.Purpose
The purpose of this AUP is to enhance the quality of the Services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.Prohibited Uses. Users may not
Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as “spam” or “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward MsgClub, but also because it can overload MsgClub network and disrupt service to its Users subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action. When a complaint is received, MsgClub has the absolute and sole discretion to determine from all of the evidence whether the e-mail recipients were from an “opt-in” e-mail list, or whether the outbound e-mail traffic generated from an account is suitable for a shared hosting environment.
Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule.
Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws.
Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or 6. Utilize the Services in any manner that violates applicable law.Utilize the Services in connection Users may not
MsgClub reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving MsgClub Services. MsgClub reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. MsgClub may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that MsgClub is authorized to monitor its communications through MsgClub network for such purposes.