Acceptable Use Policy 9/17

UPDATED: LATEST VERSION

This Acceptable Use Policy applies to your use of TeleSign’s Services, and these obligations apply in addition to any obligations set out in TeleSign’s Terms of Service (or if your company has a separate agreement with TeleSign for the provision of services from TeleSign to you, the terms of that separate agreement (in either case, the “Agreement”).  Any capitalized terms herein shall have the meaning set out in the Agreement.

You agree to comply with the terms and conditions set out in this Acceptable Use Policy as follows:

1. Content Standards:  Any content sent via the Services shall comply with the following standards:

(a)       All content must include identification of the Client.

(b)       No promotional or marketing content may be sent unless the User has consented to receive such content via specific opt-in acknowledgment.

(c)       All promotional and marketing content must contain a specific opt-out mechanism in compliance with Applicable Laws.

(d)       All content must comply with Applicable Laws and any requirements set out in any applicable industry or Carrier code of conduct or similar requirement.

(e)       Content must not be defamatory, slanderous or libelous.

(f)        Content must not contain any information that would require TeleSign or Client to comply with any financial regulations or the Payment Card Industry Data Security Standards (“PCI DSS”).

(g)       Content must not contain any Personal Health Information (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including any information about health status, provision of health care, or payment for health care that can be linked to a specific individual.

(h)       Content must not violate any system or network security of a User or third party.

(i)        Content must not be fraudulent, deceptive, inaccurate or misleading (including, without limitation, by using a false identity or forged address or telephone number).

(j)        Content must not contain pornography, nudity, sexual activity or similar adult-themed materials.

2. SPAM Policy:

(a)       Client must not use the Services to send any message without the prior express consent of the recipient, or any message sent after the recipient has expressly withdrawn its consent to receive such message, or otherwise for fraudulent purposes (“SPAM”).  SPAM may include (but is not limited to) the sending of bulk SMS messages to a list of telephone numbers without prior consent from the holders of such telephone numbers, or the sending of marketing messages to Users that have not expressly consented to receive such messages.  TeleSign’s decision as to whether Client is using the Services to send SPAM shall be final.

(b)       Client must comply with all 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, the Children’s Online Privacy Protection 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).

(c)       If TeleSign suspects Client’s account is being used to send SPAM:

(i)        TeleSign may without prior notice immediately suspend some or all of the Services.

(ii)       upon notice from TeleSign, Client must immediately take all necessary action to cease such SPAM, including suspending or terminating any User account.

(iii)      TeleSign and Client shall cooperate to cease the sending of SPAM, including sharing User details where necessary to identify the sender of SPAM.

(d)       If Client suspects that its account is being used to send SPAM, Client must immediately take all necessary action to cease such SPAM, including suspending or terminating any User account, and cooperate with TeleSign to cease such SPAM.

(e)       Client is responsible for obtaining all necessary consent to enable lawful sending of messages to Users.  TeleSign may delay or suspend the delivery of any messages suspected to be SPAM until Client has provided TeleSign with evidence, reasonably satisfactory to TeleSign, that all necessary consent has been obtained.

(f)        Client shall be liable to pay any fines or penalties levied by a government or regulatory body, and to fulfil any indemnification obligation owed by TeleSign to any Carrier, as a result of SPAM being sent via the Services.

3. Generally applicable use restrictions:  Client shall:

(a)       not use the Services or the Licensed Data, in part or in whole, for any purpose, or in any way prohibited by any Applicable Laws, or in any manner that may disable, impair, damage or interfere with any of TeleSign’s hardware, software applications, Intellectual Property Rights, the Services, or any other clients or users of the Services;

(b)       not copy, reverse engineer, modify, create derivative works of, distribute, sell, resell, assign, pledge, sublicense, lease, loan, rent, share, timeshare, grant a security interest, deliver, or otherwise transfer, directly or indirectly, any portion of or rights in the Services, Client Portal, Licensed Data, or any of TeleSign’s software (including source code thereto), computer systems or networks, or otherwise make available the Licensed Data (or any portion thereof) to third parties (except to the extent expressly set forth in this Agreement);

(c)       maintain the confidentiality of Client’s username and password utilized to access the Services.  Client bears the sole responsibility for any requests sent from its account and any and all usage of the Services via its account and any password by the Client, any User or any third party, whether with or without Client’s permission (unless such usage results from any negligence of TeleSign).  Any such usage shall be deemed to be Client’s use of the Services.  Client must notify TeleSign immediately upon any disclosure of Client’s password or any unauthorized use of Client’s account;

(d)       not use the Services or the Licensed Data for the purpose of assessing creditworthiness;

(e)       if requested by TeleSign, provide satisfactory evidence of its collection and continued receipt of User consent for the provision of the Services.  Any records required to be kept to meet this obligation shall be retained by Client for at least 12 months; and

(f)        provide any information relating to Client’s use of the Services reasonably requested by TeleSign.

4. SMS & voice Services:  In relation to Services that involve the use of SMS or voice content, Client shall:

(a)       comply with the Content Standards and the SPAM Policy;

(b)       not use the Services to transmit any Inappropriate Content;

(c)       except as expressly permitted in any Service description, not use the Services, or permit the Services to be used, to transmit marketing or advertising calls or messages without prior written consent from TeleSign;

(d)       not send any bulk message without a valid reply address or means for the User to contact Client, and instructions for opt-out from any marketing list;

(e)       where prohibited by Applicable Law, not use long numbers or short numbers provided by TeleSign for marketing purposes;

(f)        only use the Services for the purpose of enabling Users to send invitations (e.g. invitations to join social media platforms): (i) to recipients in respect of which such Users have a personal, business or familial relationship; and (ii) in such a way that each User personally and knowingly selects the recipients of each invite, is made aware that this action will send an SMS message to each recipient, and initiates the sending of such messages;

(g)       not send any message to any User that is registered on a “Do-Not-Call” or “Do-Not-Dial” register, or equivalent register in the User’s location, or to any User that has opted out of receiving messages from Client unless Client is entitled send such messages pursuant to Applicable Law;

(h)       only send messages and make calls to telephone numbers of Users that were given directly to Client by such Users; Where appropriate, Client should from time to time validate with Users that their telephone numbers on record with Client are still valid and correct;

(i)        not make any marketing calls at any time that would be outside calling time restrictions in the location of the User;

(j)        not use the Services to send messages to children;

(k)       not make any calls or messages for (a) political purposes (including for soliciting votes or supporting/opposing political issues); telemarketing or promotional purposes (including to induce the purchase of a good or service); or (c) charitable purposes (including calls or messages to previous donors);

(l)        not use the Services for the purposes of gaming or gambling, the provision of financial services, educational services, defence or military services;

(m)      not use any part of the Client Portal (including the Client account) as an anonymous gateway or proxy for the purpose of hiding the identity of the sender from the recipient of any message;

(n)       not use any part of the Client Portal (including the Client account) as a target for the receipt and handling of reply or “bounce” messages resulting from bulk messaging operations launched from outside the Client Portal;

(o)       comply with any requirements issued by TeleSign or any Carriers or regulators, and cooperate with TeleSign in relation to such compliance; and

(p)       not use the Services to harass any person.

5. Licensed Data:  In relation to Services in which TeleSign provides Licensed Data, Client shall:

(a)       only use Licensed Data for purposes in respect of which the User to whom such Licensed Data relates has expressly consented;

(b)       not use the Services to collect or process information about any User without such User’s prior consent;

(c)       use the Licensed Data for one-time use only, and shall not cache the Licensed Data for the purpose of reuse by Client;

(d)       not use the Licensed Data, in part or in whole, in conjunction with any data mining or to create or store in any form an archive of the Licensed Data, or to construct products or services that may compete with the Services; and

(e)       delete all Licensed Data within 30 days of delivery by TeleSign, or immediately on termination of the Agreement or on request from TeleSign.

6. Phone Numbers: In relation to Services in which TeleSign provides Phone Numbers, Client shall note and agree that:

(a)   each carrier or international aggregator (“Provider”) may have different regulations regarding permitted inactivity periods of leased Phone In most cases three (3) consecutive months of none or negligible SMS traffic, in the Provider’s opinion shall be considered inactivity and may cause the cancellation of such Phone Numbers, with or without notice by said Provider. In the event that a Phone Number is cancelled by the Provider due to inactivity, Client’s request for re-activation will require submission of a new application. TeleSign shall charge Client for any associated fees or costs imposed for submission and provisioning.

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