Acceptable Use Policy
April 29, 2016
This Acceptable Use Policy (“AUP”) describes actions that are prohibited and conduct that is expected when any party uses the Service offered by Aerialink, Inc. (“Aerialink”). This AUP is designed to complement – not replace – our Terms of Service by helping you understand some of our expectations for responsible and legal use of the Service. That is, this AUP is incorporated by reference into and governed by the Terms of Service which takes precedence over any conflicting provisions in this AUP.
Please understand that this list is not meant to be comprehensive, and you are ultimately responsible for the activity that occurs under your account. Aerialink will not be liable for any misuse of the Service by you. You agree that your use of the Aerialink Service constitutes your agreement of this AUP and your use of the Aerialink Service will only be for lawful purposes, and will not include:
- Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations, including, but not limited to, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy statutes or regulations in any other jurisdiction);
- Using the Service to encourage any illegal, abusive, or other activities that interfere with the business or activities of Aerialink;
- Using the Service to receive, transmit or otherwise maintain electronic Protected Health Information, as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, or using the Service in any manner that would make Aerialink your or any third party’s business associate;
- Using the Service in any manner that may subject Aerialink or any third party to liability, damages, or danger;
- Using the Service in any manner that violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction); or requirements that Aerialink may communicate to its Customers or that is readily available to the customer.
- Harvesting, or otherwise collecting information about others, including email addresses or phone numbers, without their consent;
- Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
- Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
- Using the Service in connection with any unsolicited or harassing messages, whether commercial, personal, or otherwise, including unsolicited or unwanted phone calls, SMS or Text messages, MMS or Multimedia messages, voice mail, or facsimile transmissions.
- Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
- Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
- Interfering with, or disrupting, networks connected to the Service or violating the regulations, policies or procedures of such networks;
- Reverse-engineering the Service in order to find limitations, vulnerabilities, or evade monitoring capabilities;
- Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- Interfering with another’s use and enjoyment of the Service or Aerialink websites; or
- Engaging in any other activity that Aerialink believes could subject it to criminal liability or civil penalty/judgment.
- Use of the Service, or any component of the Service, in any manner that is not authorized by Aerialink.
- Activities or actions to participate in, encourage, or promote and activity prohibited under this AUP or the Aerialink Terms of Service.
- Activities or actions that either facilitate or directly violate any local, state, federal, or foreign law or regulation, including regulations regarding the transmission of data or software.
- Using the Service to engage in or in connection with fraudulent activity which may or may not be a violation of local, state, federal, or international laws.
You agree that when you use the Aerialink Service, you will:
- Identify yourself or your organization in your messages as required by any applicable law;
- Schedule the timing of your messages responsibly and adhere to any calling time restrictions that may be applicable to your messages; and
- Immediately honor any Do-Not-Call or opt-out requests that are communicated to you.
You agree when you use the Aerialink Service, you will agree to the following minimum message usage and minimum call duration requirements. These requirements are measured during a given calendar month reporting period and are grouped on your account level. Any violation of these requirements will subject you to possible actions including service cancellation with advance notice and opportunity to comply.
- Every unique and all classes or types of Long Code, Short Code, or communications number of any kind must have a minimum of one (1) communication transmission, which may be in the form of either an inbound call, outbound voice call, SMS message, or MMS message.
- No more than 10% of your total outbound voice “termination” calls may be under twelve (12) seconds in total duration.
- No more than 10% of your total inbound toll-free voice calls “toll-free origination” may be under twelve (12) seconds in total duration.
- No more than 10% of your total inbound toll-free voice calls “toll-free origination” may be incomplete or unanswered.
Remember, you are ultimately responsible to make your own informed decisions regarding your messages and you remain fully liable for any use of the Aerialink Service in violation of any applicable law, as well as this Acceptable Use Policy and our Terms of Service. The item provided above should be considered typical examples, but should not be considered exhaustive. Aerialink reserves all rights in determining violations of this Acceptable Use Policy or its Terms of Service in its sole discretion.
April 29, 2016