Common use of Usage Policy Clause in Contracts

Usage Policy. You represent and warrant that the owners of the phone numbers you initiate messages to through the FireText services have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Best Practices Guidelines as advised by bodies including, but not limited to, the Data & Marketing Association (DMA) & Information Commissioner’s Office (ICO), as applicable to your messages. You agree to familiarise yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the FireText Services. Without limiting the foregoing, you agree to familiarise yourself with the legalities of any messages transmitted through the FireText Services by visiting the following website: Privacy and Electronic Communications Regulations: xxxxx://xxx.xxx.xx/for-organisations/guide-to-pecr/ Direct Marketing Code of Practice: xxxxx://xxx.xxx.xx/article/dma-comment-the-icos-direct-marketing-code-of- practice Various national and international laws, rules and regulations place restrictions on certain types of text messages. FireText is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarise yourself with and abide by the legal requirements pertaining to your messages prior to using the FireText Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages. You shall schedule messages responsibly and in a manner that is courteous to the recipients pursuant to local, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message you must consult with your lawyer prior to your use of the FireText Sites or Services. You accept that the Services are provided for professional use only, and you agree that your use of the FireText Sites or Services shall not include: - Sending unsolicited marketing messages or (i.e. spam); - Harvesting, or otherwise collecting information about others, without their consent; - Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you; - Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind; - Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity; - Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs; - Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks; - Attempting to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; - Interfering with another’s use and enjoyment of the Services or FireText Sites; or - Engaging in any other activity that FireText believes could subject it to criminal liability or civil penalty/judgment. FireText’s Anti-Spam Policy is incorporated into these Terms by reference, available at xxx.xxxxxxxx.xx.xx/xxxx/. You agree that FireText is, under no circumstances, responsible for the contents and/or accuracy of your messages and FireText will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. FireText is not liable for any misuse of the Services by you. FireText is not responsible for the views and opinions contained in any of your messages. Messages may be monitored to ensure compliance with our policies.

Appears in 2 contracts

Samples: Terms and Conditions, Terms & Conditions

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Usage Policy. You are responsible for all the content being sent to your contacts, via CareerHub including email, voice and text messaging features, and you will be fully responsible if any legal issues or disputes arise from your use of CareerHub. You represent and warrant that the owners of the phone numbers and emails that you initiate messages to through the FireText CareerHub services have consented or otherwise optedCONSENTED IN WRITING OR OTHERWISE OPTED-in IN to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear optYOU AGREE THAT YOU WILL INCLUDE CLEAR OPT-outOUT/unsubscribe information on your messages UNSUBSCRIBE INFORMATION WHEN YOU BEGIN SENDING MESSAGES when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines as advised promulgated by bodies includingthe Mobile Marketing Association, but not limited to, the Data & Marketing Association (DMA) & Information Commissioner’s Office (ICO), as if applicable to your messages. You further agree that any individuals requesting “Do-Not-Call” (“DNC”), Opt Out, unsubscribe or Stop status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages to any individuals after they request DNC status. This procedure also applies to anyone requesting to be removed from your contact list using any and all language to do so. You agree to familiarise familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and regulations. You are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the FireText ServicesCareerHub. Without limiting the foregoing, you agree to familiarise familiarize yourself with the legalities of any messages transmitted through the FireText Services CareerHub by visiting the following websitewebsites: Privacy • Federal Trade Commission, xxxx://xxx.xxx.xxx • Federal Communications Commission, xxxx://xxx.xxx.xxx • DoNotCall Registry Info, xxxx://xxx.xxxxxxxxx.xxx The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (xxxx://xxx.xxxxxxxxx.xxx) and Electronic Communications Regulations: xxxxx://xxx.xxx.xx/for-organisations/guide-to-pecr/ Direct Marketing Code of Practice: xxxxx://xxx.xxx.xx/article/dma-comment-the-icos-direct-marketing-code-of- practice Various national and international various state laws, rules and regulations place restrictions on certain types of text phone calls and SMS or MMS messages. FireText CareerHub is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarise familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the FireText CareerHub Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages. You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your lawyer attorney prior to your use of the FireText CareerHub Sites or Services. The content of all messages is the property of and under the control of the Customer. You accept that the Services are provided for professional use only, and you agree that your use of the FireText CareerHub Sites or Services shall not include: - Sending unsolicited marketing messages or (i.e. spam); - • Interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing • Sending promotions and/or advertising products and/or services for sale; • Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services; • Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services; • Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers; • Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; • Harvesting, or otherwise collecting information about others, without their consent; - Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you; - Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic pornographic, or otherwise objectionable material of any kind; - Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights copyrights, or other rights of publicity; - Transmitting any material that contains viruses, trojan Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious harmful programs; - Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies policies, or procedures of such networks; - Attempting to gain unauthorised unauthorized access to the Services, other accounts, computer systems systems, or networks connected to the Services, through password mining or any other means; - Interfering with another’s use and enjoyment of the Services • Breaching security or FireText Sitesauthentication measures without proper authorization; or - Engaging in any other activity that FireText CareerHub believes could subject it to criminal liability or civil penalty/judgment. FireText’s Anti-Spam Policy is incorporated into these Terms by reference• Violating any regulations, available at xxx.xxxxxxxx.xx.xx/xxxx/. including (but not limited to) engaging in any activity involving credit card fraud, money laundering, or identity theft. You agree to provide legally required contact information in any outbound message when and where required by any applicable local, state, national or international law or regulation. You further agree that FireText CareerHub is, under no circumstances, responsible for the contents and/or accuracy of your messages and FireText CareerHub will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. FireText is You are solely responsible for providing the content of all messages initiated by you through the Services. CareerHub will not be liable for any misuse of the Services by you. FireText is not responsible for If we determine that you are violating any law or rule, we reserve the views and opinions contained in any of right to suspend your messages. Messages may be monitored to ensure compliance with our policiesaccount immediately.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Usage Policy. You represent and warrant that the owners of the phone numbers you initiate messages to through the FireText Firetext services have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines as advised promulgated by bodies includingthe Mobile Marketing Association, but not limited to, the Data & Marketing Association (DMA) & Information Commissioner’s Office (ICO), as if applicable to your messages. You agree to familiarise familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the FireText Firetext Services. Without limiting the foregoing, you agree to familiarise familiarize yourself with the legalities of any messages transmitted through the FireText Firetext Services by visiting the following website: Privacy and Electronic Communications Regulations, https: xxxxx://xxx.xxx.xx/for-organisations/guide-to-pecr/ Direct Marketing Code of Practice: xxxxx://xxx.xxx.xx/article/dma-comment-the-icos-direct-marketing-code-of- practice /xxx.xxx.xx/xxx_xxxxxxxxxxxxx/xxxxxxx_xxx_ electronic_communications Various national and international laws, rules and regulations place restrictions on certain types of text messages. FireText Firetext is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarise familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the FireText Firetext Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages. You shall schedule messages responsibly and in a manner that is courteous to the recipients pursuant to local, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message you must consult with your lawyer prior to your use of the FireText Firetext Sites or Services. You accept that the Services are provided for professional use only, and you agree that your use of the FireText Firetext Sites or Services shall not include: - Sending unsolicited marketing messages or (i.e. spam); - Harvesting, or otherwise collecting information about others, without their consent; - Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you; - Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind; - Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity; - Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs; - Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks; - Attempting to gain unauthorised unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; - Interfering with another’s use and enjoyment of the Services or FireText Firetext Sites; or - Engaging in any other activity that FireText Firetext believes could subject it to criminal liability or civil penalty/judgment. FireTextFiretext’s Anti-Spam Policy is incorporated into these Terms by reference, available at xxx.xxxxxxxx.xx.xx/xxxx/. You agree that FireText Firetext is, under no circumstances, responsible for the contents and/or accuracy of your messages and FireText Firetext will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. FireText Firetext is not liable for any misuse of the Services by you. FireText Firetext is not responsible for the views and opinions contained in any of your messages. Messages may be monitored to ensure compliance with our policies.

Appears in 1 contract

Samples: Terms and Conditions

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Usage Policy. You are responsible for all the content being sent to your contacts, via CareerHub including email, voice and text messaging features, and you will be fully responsible if any legal issues or disputes arise from your use of CareerHub. You represent and warrant that the owners of the phone numbers and emails that you initiate messages to through the FireText CareerHub services have consented or otherwise opted-in CONSENTED IN WRITING OR OTHERWISE OPTED-­‐IN to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-outYOU AGREE THAT YOU WILL INCLUDE CLEAR OPT-­‐OUT/unsubscribe information on your messages UNSUBSCRIBE INFORMATION WHEN YOU BEGIN SENDING MESSAGES when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines as advised promulgated by bodies includingthe Mobile Marketing Association, but not limited to, the Data & Marketing Association (DMA) & Information Commissioner’s Office (ICO), as if applicable to your messages. You further agree that any individuals requesting “Do-­‐Not-­‐Call” (“DNC”), Opt Out, unsubscribe or Stop status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages to any individuals after they request DNC status. This procedure also applies to anyone requesting to be removed from your contact list using any and all language to do so. You agree to familiarise familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and regulations. You are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the FireText ServicesCareerHub. Without limiting the foregoing, you agree to familiarise familiarize yourself with the legalities of any messages transmitted through the FireText Services CareerHub by visiting the following websitewebsites: Privacy • Federal Trade Commission, xxxx://xxx.xxx.xxx • Federal Communications Commission, xxxx://xxx.xxx.xxx • DoNotCall Registry Info, xxxx://xxx.xxxxxxxxx.xxx The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (xxxx://xxx.xxxxxxxxx.xxx) and Electronic Communications Regulations: xxxxx://xxx.xxx.xx/for-organisations/guide-to-pecr/ Direct Marketing Code of Practice: xxxxx://xxx.xxx.xx/article/dma-comment-the-icos-direct-marketing-code-of- practice Various national and international various state laws, rules and regulations place restrictions on certain types of text phone calls and SMS or MMS messages. FireText CareerHub is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarise familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the FireText CareerHub Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages. You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your lawyer attorney prior to your use of the FireText CareerHub Sites or Services. You accept that the Services are provided for professional use only, and you agree that your use of the FireText CareerHub Sites or Services shall not include: - Sending unsolicited marketing messages or (i.e. spam); - • Interfering with service to any host, network, other user, including without limitation, sending unsolicited e-­‐mail, flooding, spamming, mail bombing, or crashing • Sending promotions and/or advertising products and/or services for sale; • Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services; • Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services; • Sending any calls to life-­‐line services, such as hospitals, fire, police, 911 or utility-­‐ related telephone numbers; • Using strings of numbers as it is unlawful to engage two or more lines of a multi-­‐line business; • Harvesting, or otherwise collecting information about others, without their consent; - Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you; - Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic pornographic, or otherwise objectionable material of any kind; - Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights copyrights, or other rights of publicity; - Transmitting any material that contains viruses, trojan Trojan horses, worms, time bombs, cancel-bots cancel-­‐bots or any other harmful/deleterious harmful programs; - Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies policies, or procedures of such networks; - Attempting to gain unauthorised unauthorized access to the Services, other accounts, computer systems systems, or networks connected to the Services, through password mining or any other means; - Interfering with another’s use and enjoyment of the Services • Breaching security or FireText Sitesauthentication measures without proper authorization; or - Engaging in any other activity that FireText CareerHub believes could subject it to criminal liability or civil penalty/judgment. FireText’s Anti-Spam Policy is incorporated into these Terms by reference• Violating any regulations, available at xxx.xxxxxxxx.xx.xx/xxxx/. including (but not limited to) engaging in any activity involving credit card fraud, money laundering, or identity theft. You agree to provide legally required contact information in any outbound message when and where required by any applicable local, state, national or international law or regulation. You further agree that FireText CareerHub is, under no circumstances, responsible for the contents and/or accuracy of your messages and FireText CareerHub will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. FireText is You are solely responsible for providing the content of all messages initiated by you through the Services. CareerHub will not be liable for any misuse of the Services by you. FireText is not responsible for If we determine that you are violating any law or rule, we reserve the views and opinions contained in any of right to suspend your messages. Messages may be monitored to ensure compliance with our policiesaccount immediately.

Appears in 1 contract

Samples: Terms of Service

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