Acceptable Use Policy

TALK METRICS LLC

This Acceptable Use Policy ("AUP") describes actions that Talk Metrics LLC ("Talk Metrics") prohibits when any party uses its Services. By ordering or using Talk Metrics Services, you, the Customer or service recipient, agree to the terms of this AUP. Each Customer must review and comply with this AUP and all applicable laws, but this AUP is not intended to be interpreted as, relied upon, or used as a substitute for legal advice. You agree not to use, and not to encourage or facilitate any third party to use, the Services in the following prohibited manners:

Prohibited Uses

• Using the Services to engage in any activities that are illegal, abusive, false, fraudulent, deceptive or misleading, or any activity that exploits, harms, or threatens to harm children.
• Engaging in any unsolicited advertising, marketing, or other unlawful activities using the Services, including without limitation, any activities that violate laws applicable to advertising, electronic communications, and telemarketing, including, but not limited to, Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. Part 310), and the Telephone Consumer Protection Act (47 U.S.C. § 227 and 47 C.F.R. § 64.1200).
• Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call, including failing to comply with the Truth in Caller ID Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. § 64.1604.
• Using Talk Metrics Services in any way that fails to conform to any applicable industry guidelines and standards, including, without limitation, the CTIA Messaging Principles and Best Practices, Short Code Registry Best Practices and Short Code Monitoring Handbook.
• Attempting to bypass or disable any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk.
• Reverse-engineering the Services for any improper purpose.
• Using the Services in any manner that may subject Talk Metrics or any third party to liability, damages, or danger.
• Launching or facilitating a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
• Transmitting any material that contains viruses, trojan horses, worms or any other malicious or harmful programs.
• Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, unless you have signed a Business Associate Agreement with Talk Metrics or your use of the Services fits within an exception for requiring a Business Associate Agreement.
• Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
• Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.

Policy Changes and Enforcement

This list of prohibited uses is meant to be illustrative and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Talk Metrics in its sole, reasonable discretion.

Talk Metrics reserves the right to change or modify the terms of the AUP at any time, effective immediately when posted to the Talk Metrics website. Customer's use of the Talk Metrics Services after changes to the AUP are posted to the Talk Metrics website shall constitute acceptance of those changes.

Violations and Enforcement Actions

If you violate these Terms, we may stop providing Services to you or we may close your account. We may also block delivery of a communication (such as a telephone call or SMS) to or from the Services in an effort to enforce these Terms.

When investigating alleged violations of these Terms, Talk Metrics reserves the right to review the content of your communications in order to resolve the issue. But we cannot monitor the entire Services, and make no claim or attempt to do so.