Acceptable Usage Policy
This Acceptable Use Policy (“AUP”) describes actions that CNS prohibits when any party uses the CNS Services. This AUP is incorporated by reference into and governed by the Terms of Service or other similar written agreement between you (Customer) and CNS (the “Agreement”). The Agreement contains definitions of capitalized terms not otherwise defined in this AUP and takes precedence over any conflicting provisions in this AUP.
You may not use the CNS Services without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any end-user to use, the CNS Services in the following prohibited ways:
- Using the CNS Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of CNS.
- Attempting to bypass or break any security mechanism on any of the CNS Services or using the CNS Services in any other manner that poses a material security or service risk to CNS or any of its other customers.
- Reverse-engineering the CNS Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the CNS Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the CNS Services.
- Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
- Using the CNS Services in any manner that causes a telecommunications provider to complain about your use to CNS or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by CNS to you.
- Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
- Using the CNS Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.
- Using CNS Services in a manner that violates the CNS Messaging Policy.
- Using CNS Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
- Using CNS Services to engage in, or in connection with fraudulent activity.
- Using CNS 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 CNS or your use of the CNS Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
- Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
- Using CNS Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
- Using CNS Services in a manner that triggers law enforcement, government, or regulatory agency to request the suspension of the CNS Services to you and/or your phone numbers.
- Using CNS Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
- Using CNS Services to transmit any material 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 CNS 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.
- Using the CNS Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.
- 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.
- Having a high volume of unanswered phone calls or phone calls that are too short in duration (i.e., phone calls generally less than twelve (12) seconds in length).
Phone Number Reclamation
All phone numbers are subject to rules and restrictions imposed by telecommunications providers. In order to comply with such rules and restrictions, CNS may, at its sole discretion, reclaim your phone numbers that do not have adequate usage, as determined by such telecommunications providers. CNS, however, will use commercially reasonable efforts to (a) provide notice to you prior to any phone number reclamation and (b) to work with telecommunications providers to prevent the reclamation of any phone numbers.