Last updated April 21, 2021
This Acceptable Use Policy (“AUP”) describes rules that apply to any party (“Customer”) using any products and services (“Services”) provided by Chatitive, Inc., or any of its affiliates (collectively, “Chatitive”) and any user of any software application or services made available by Customer that interfaces with the Services (“End User”). The examples described in this AUP are not exhaustive. Customer is responsible for its End Users’ compliance with this AUP. This AUP forms part of the Platform as a Services Agreement between Customer and Chatitive (the “Agreement”). If Customer or any End User violates this AUP, Chatitive may suspend or terminate Customer’s or End User’s use of the Services.
This AUP may be updated by Chatitive from time to time upon reasonable notice, which may be provided via Customer’s account, e-mail, or by posting an updated version of this AUP here.
Capitalized terms used in this AUP have the meaning given in the Agreement.
- Prohibited Content
You may not use Chatitive to distribute any offensive content, to promote anything illegal, or to harass anyone. You may not use Chatitive to create, send, display, advertise, sell, publish, transmit, or store (as applicable) any content or links to any content that Chatitive reasonably believes:
- Is obscene, threatening, sexually explicit, vulgar, profane, obscene, offensive, abusive, malicious or is otherwise harmful to any person or entity;
- Contains harassing content or constitutes or promotes “hate speech” or is otherwise discriminatory based on race, sex, religion, ethnicity, nationality, disability, sexual orientation, languate, or age.
- Is violent, incites violence, or threatens violence;
- Is inaccurate, misleading or is unfair or deceptive under the consumer protection laws of any jurisdiction;
- Is libelous, slanderous, defamatory, or violates a person's privacy;
- Creates a risk to a person's safety or health, creates a risk to public safety or health, is contrary to applicable law, or interferes with a investigation by law enforcement;
- Improperly exposes trade secrets or other confidential or proprietary information of another person;
- Is intended to assist others in defeating technical copyright protections;
- Infringes on another person's copyright, trade or service mark, patent, or other property right, or violates any privacy right;
- Is illegal or solicits conduct that is illegal under laws applicable to you or to Chatitive; or
- Is otherwise malicious, fraudulent, or may result in retaliation against Chatitive by offended viewers or recipients.
- Prohibited Conduct
You may not:
- Interfere or attempt to interference in any manner with the functionality or proper working of the Services;
- Upload to the Chatitive Services, or use the Chatitive Services to store, process, or transmit material in violation of third-party privacy or data protection rights;
- Upload to the Chatitive Services, or use the Chatitive Services to store, process or transmit any malware. Malware means programming (code, scripts, active content, and other software) that is designed to disrupt or deny operation, gather information that leads to loss of privacy or exploitation, or gain unauthorized access to system resources, or that otherwise exhibits abusive behavior. Malware includes computer viruses, worms, trojan horses, spyware, dishonest adware, scareware, crimeware, most rootkits, or other malicious or unwanted software or programs;
- Upload to the Chatitive Services, or use the Chatitive Services to store, process or transmit any Protected Health Information in a way that violates the Health Insurance Portability and Accountability Act of 1996;
- Use the Chatitive Services in any manner that violates industry standards, including the guidelines published by the Cellular Telephone Industries Association (“CTIA”), the Mobile Marketing Association, carrier guidelines, or any similar or analogous industry standards, third party policies or requirements;
- Use the Chatitive Services to engage in any unsolicited advertising, marketing or other activities, including to send unsolicited mass mailings outside its organization, and including any activity that violates the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any similar or analogous anti-spam, do-not-call, telemarketing, auto-dialing, data protection, or privacy legislation. The term “unsolicited mass mailings” includes all statutory or common definitions or understanding of those terms in the applicable jurisdiction, including without limitation, those set forth for “Commercial Electronic Mail Messages” under the U.S. CAN-SPAM Act;
- Use the Chatitive Services to create a false identity, forged email address or header, false phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or telephone call;
- Interfere with or disrupt the integrity or performance of the Chatitive Services or third-party data stored or processed with the Services or attempt to gain unauthorized access to the Chatitive Services or their related systems or networks; or
- Attempt to probe, scan, penetrate or test the vulnerability of any Chatitive system or network (including those of its service providers), or to circumvent, avoid or breach Chatitive's or its service providers’ security or authentication measures, whether by passive or intrusive techniques, or by social engineering, without Chatitive's express prior written consent.
- Reverse engineer, copy, disassemble, decompile or attempt to gain unauthorized access to the Chatitive Services.
- Use the Chatitive Service in any way that violates applicable laws, rules regulations or industry standards or guidance, including but not limited to applicable laws requiring (a) consent be obtained prior to transmitting, recording, collecting or monitoring data or communications; or (b) compliance with opt-out requests.
Chatitive has a zero-tolerance policy for abuse, violations, or inappropriate use of our Services, including text message spam. “Text message spam” is defined as any unwanted text message or messages. You may not use Chatitive’s network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Text message spam;
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interference with service to any user of the Chatitive or other network including mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's authorization;
- Collecting or using email addresses, phone numbers, screen names or other identifiers without the consent of the person identified (including, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the Services to distribute software that covertly gathers information about a user or covertly transmits information about the user; or
- Any conduct that is likely to result in retaliation against the Chatitive network or website, or Chatitive’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Chatitive Abuse Enforcement
Chatitive has a zero-tolerance policy when it comes to text message spam. If we suspect that a texting campaign is in violation of our Agreement and/or AUP, we will take swift action to terminate a campaign or account as Chatitive deems appropriate.
Customer is responsible for determining whether the Chatitive Services offer appropriate safeguards for Customer’s use of the Services, including, but not limited to, any safeguards required by applicable law, prior to transmitting or processing, or prior to permitting your End Users to transmit or process, any data or communications via the Services.
- Other Networks
Customer and its End Users must comply with the rules of any other network it accesses or participates in when using the Chatitive Services.
Customer will not be entitled to any credit or other compensation for any interruptions of service resulting from AUP violations.
Violations of this AUP, including any prohibited conduct or content, may be reported to email@example.com. Customer agrees to immediately report violation of this AUP to Chatitive and provide cooperation, as requested by Chatitive, to investigate and/or remedy that violation.