The following shall apply to and govern Company’s use of the SMS Platform. The SMS Platform may not be used in any manner that (i) is illegal, (ii) is non-compliant with accepted industry best practice guidelines, (iii) disrupts or damages any of Wunderkind’s computer systems or networks or other parties’ computer systems or networks or (iv) violates any person’s rights.
Wunderkind shall, in its sole discretion, determine whether there has been a violation of this Acceptable Use Policy.
Prohibited uses include use of the SMS Platform to:
- Engage in any messaging in violation of any relevant laws, regulations or industry standards (which may include and are not limited to, the Telephone Consumer Protection Act, the Do Not Call provisions of the Telemarketing Sales Rule and the industry standards, policies and guidelines published by the Cellular Telecommunications Industry Association, the Mobile Marketing Association or any other generally recognized associations);
- Engage in any messaging that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity;
- Engage in any messaging that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Wunderkind reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category;
- Engage in any messaging that is false, misleading or deceptive, or likely to mislead or deceive;
- Engage in any messaging that infringes the intellectual property rights or other rights of a third party; and
- Engage in any messaging that is otherwise unlawful.
In addition, you will honor immediately any requests to opt-out or stop further messaging (e.g., any “STOP” messages), and desist from sending any further message following receipt of any such opt-out or stop request.
Violation of this Acceptable Use Policy may result in termination or suspension of the SMS Platform and may also result in civil, criminal or administrative liability or penalties against the Company and those assisting the Company.
Any failure to enforce this Acceptable Use Policy does not amount to a waiver of Wunderkind’s rights.