Use of Services and Restrictions. (a) Customer is responsible for maintaining the confidentiality of any and all usernames and passwords issued to or created by Customer that are used to access the Services. Customer acknowledges and agrees that Customer is solely responsible for any and all activities conducted through the use of the Platform, whether by Customerʼs employees, agents, service providers or any other person that interacts with the Platform under Customerʼs account, whether such action is made with or without Customerʼs authority. (b) Customer agrees that it will not use, and will not permit any other person or entity to use, the Platform to transmit any content that is illegal or that relates to or references illegal activities, drugs, or alcohol; that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive; or that infringes upon or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Customer further agrees that it will not use, and will not permit any other person or entity to use, the Platform to contact any emergency services, to annoy or harass any person or entity, or in any manner that otherwise violates any federal, state or local law, regulation or ordinance. (c) Customer agrees that it will only use, and permit others to use, the Platform in a manner that is consistent with the terms of this Agreement and Applicable Law. For purposes of this Agreement, “Applicable Law” shall mean any applicable law, rule, statute, regulation or legal obligations applicable to the use of the Platform by Customer, including, without limitation, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Communications Commissionʼs rules issued thereunder, including 47 C.F.R. § 64.1200 (collectively, the “TCPA”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 et seq., and the Federal Trade Commissionʼs Telemarketing Sales Rule issued thereunder, 16 C.F.R. §§ 310.1 et seq. (collectively, the “TSR”), federal and state laws relating to do-not-call registries (“DNC Laws”), federal and state campaign finance laws (including required disclaimer, disclosure, or “Paid for by” laws, such as the California Text Message DISCLOSE Act, or AB 201), and any analogous or similar foreign, local, municipal or state laws and regulations. For the avoidance of doubt, Customer may only use the Platform to initiate or cause to be initiated messages if the subscriber or customary user of the telephone number to be contacted has provided the consents that are required by Applicable Law for the type of message sent and has not revoked such consent. Customer agrees to promptly honor any request by a message recipient to not be contacted or any other revocation of consent to be contacted via any particular manner, for any particular purpose or at any particular times. To the extent any message constitutes an advertisement or serves a marketing purpose and to the extent required by Applicable Law, Customer agrees to obtain and review the applicable federal and state do-not-call registries as frequently as required by Applicable Law and to refrain from initiating messages to any telephone number appearing on any such registry. Customer shall be solely responsible for any and all messages sent through the use of the Platform and SBL shall have no liability for any such messages.
Appears in 1 contract
Samples: Service Agreement
Use of Services and Restrictions. (a) Customer is responsible for maintaining the confidentiality of any and all usernames and passwords issued to or created by Customer that are used to access the Services. Customer acknowledges and agrees that Customer is solely responsible for any and all activities conducted through the use of the PlatformRumbleUp, whether by Customerʼs employees, agents, service providers or any other person that interacts with the Platform RumbleUp under Customerʼs account, whether such action is made with or without Customerʼs authority.
(b) Customer agrees that it will not use, and will not permit any other person or entity to use, the Platform RumbleUp to transmit any content that is illegal or that relates to or references illegal activities, drugs, or alcohol; that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive; or that infringes upon or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Customer further agrees that it will not use, and will not permit any other person or entity to use, the Platform RumbleUp to contact any emergency services, to annoy or harass any person or entity, or in any manner that otherwise violates any federal, state or local law, regulation or ordinance.
(c) Customer agrees that it will only use, and permit others to use, the Platform RumbleUp in a manner that is consistent with the terms of this Agreement and Applicable Law. For purposes of this Agreement, “Applicable Law” shall mean any applicable law, rule, statute, regulation or legal obligations applicable to the use of the Platform RumbleUp by Customer, including, without limitation, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Communications Commissionʼs rules issued thereunder, including 47 C.F.R. § 64.1200 (collectively, the “TCPA”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 et seq., and the Federal Trade Commissionʼs Telemarketing Sales Rule issued thereunder, 16 C.F.R. §§ 310.1 et seq. (collectively, the “TSR”), federal and state laws relating to do-not-call registries (“DNC Laws”), federal and state campaign finance laws (including required disclaimer, disclosure, or “Paid for by” laws, such as the California Text Message DISCLOSE Act, or AB 201), and any analogous or similar foreign, local, municipal or state laws and regulations. For the avoidance of doubt, Customer may only use the Platform RumbleUp to initiate or cause to be initiated messages if the subscriber or customary user of the telephone number to be contacted has provided the consents that are required by Applicable Law for the type of message sent and has not revoked such consent. Customer agrees to promptly honor any request by a message recipient to not be contacted or any other revocation of consent to be contacted via any particular manner, for any particular purpose or at any particular times. To the extent any message constitutes an advertisement or serves a marketing purpose and to the extent required by Applicable Law, Customer agrees to obtain and review the applicable federal and state do-not-call registries as frequently as required by Applicable Law and to refrain from initiating messages to any telephone number appearing on any such registry. Customer shall be solely responsible for any and all messages sent through the use of the Platform RumbleUp and SBL PSM shall have no liability for any such messages.
Appears in 1 contract
Samples: Service Agreement
Use of Services and Restrictions. (a) Customer is responsible for maintaining the confidentiality of any and all usernames and passwords issued to or created by Customer that are used to access the Services. Customer acknowledges and agrees that Customer is solely responsible for any and all activities conducted through the use of the Platform, whether by Customerʼs employees, agents, service providers or any other person that interacts with the Platform under Customerʼs account, whether such action is made with or without Customerʼs authority.
(b) Customer agrees that it will not use, and will not permit any other person or entity to use, the Platform to transmit any content that is illegal or that relates to or references illegal activities, drugs, or alcohol; that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive; or that infringes upon or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Customer further agrees that it will not use, and will not permit any other person or entity to use, the Platform to contact any emergency services, to annoy or harass any person or entity, or in any manner that otherwise violates any federal, state or local law, regulation or ordinance.
(c) Customer agrees that it will only use, and permit others to use, the Platform in a manner that is consistent with the terms of this Agreement and Applicable Law. For purposes of this Agreement, “Applicable Law” shall mean any applicable law, rule, statute, regulation or legal obligations applicable to the use of the Platform by Customer, including, without limitation, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Communications Commissionʼs rules issued thereunder, including 47 C.F.R. § 64.1200 (collectively, the “TCPA”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 et seq., and the Federal Trade Commissionʼs Telemarketing Sales Rule issued thereunder, 16 C.F.R. §§ 310.1 et seq. (collectively, the “TSR”), federal and state laws relating to invasion of privacy or do-not-call registries (“DNC Laws”), federal and state campaign finance laws (including required disclaimer, disclosure, or “Paid for by” laws, such as the California Text Message DISCLOSE Act, or AB 201), and any analogous or similar foreign, local, municipal or state laws and regulations. For the avoidance of doubt, Customer may only use the Platform to initiate or cause to be initiated messages if the subscriber or customary user of the telephone number to be contacted has provided the consents that are required by Applicable Law for the type of message sent and has not revoked such consent. Customer agrees to promptly honor any request by a message recipient to not be contacted or any other revocation of consent to be contacted via any particular manner, for any particular purpose or at any particular times. To the extent any message constitutes an advertisement or serves a marketing purpose and to the extent required by Applicable Law, Customer agrees to obtain and review the applicable federal and state do-do- not-call registries as frequently as required by Applicable Law and to refrain from initiating messages to any telephone number appearing on any such registry. Customer shall be solely responsible for any and all messages sent through the use of the Platform and SBL shall have no liability for any such messages.
Appears in 1 contract
Samples: Switchboard Service Agreement
Use of Services and Restrictions. (a) Customer is responsible for maintaining the confidentiality of any and all usernames and passwords issued to or created by Customer that are used to access the Services. Customer acknowledges and agrees that Customer is solely responsible for any and all activities conducted through the use of the PlatformMajority Messenger, whether by Customerʼs Customer’s employees, agents, service providers or any other person that interacts with the Platform Majority Messenger under Customerʼs Customer’s account, whether such action is made with or without Customerʼs Customer’s authority.
(b) Customer agrees that it will not use, and will not permit any other person or entity to use, the Platform Majority Messenger to transmit any content that is illegal or that relates to or references illegal activities, drugs, or alcohol; that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive; or that infringes upon or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Customer further agrees that it will not use, and will not permit any other person or entity to use, the Platform Majority Messenger to contact any emergency services, to annoy or harass any person or entity, or in any manner that otherwise violates any federal, state or local law, regulation or ordinance.
(c) Customer agrees that it will only use, and permit others to use, the Platform Majority Messenger in a manner that is consistent with the terms of this Agreement and Applicable Law. For purposes of this Agreement, “Applicable Law” shall mean any applicable law, rule, statute, regulation or legal obligations applicable to the use of the Platform Majority Messenger by Customer, including, without limitation, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Communications Commissionʼs Commission’s rules issued thereunder, including 47 C.F.R. § 64.1200 (collectively, the “TCPA”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 et seq., and the Federal Trade Commissionʼs Commission’s Telemarketing Sales Rule issued thereunder, 16 C.F.R. §§ 310.1 et seq. (collectively, the “TSR”), federal and state laws relating to do-not-call registries (“DNC Laws”), federal and state campaign finance laws (including required disclaimer, disclosure, or “Paid for by” laws, such as the California Text Message DISCLOSE Act, or AB 201), and any analogous or similar foreign, local, municipal or state laws and regulations. For the avoidance of doubt, Customer may only use the Platform Majority Messenger to initiate or cause to be initiated messages if the subscriber or customary user of the telephone number to be contacted has provided the consents that are required by Applicable Law for the type of message sent and has not revoked such consent. Customer agrees to promptly honor any request by a message recipient to not be contacted or any other revocation of consent to be contacted via any particular manner, for any particular purpose or at any particular times. To the extent any message constitutes an advertisement or serves a marketing purpose and to the extent required by Applicable Law, Customer agrees to obtain and review the applicable federal and state do-not-call registries as frequently as required by Applicable Law and to refrain from initiating messages to any telephone number appearing on any such registry. Customer shall be solely responsible for any and all messages sent through the use of the Platform Majority Messenger and SBL NRSC Majority Messenger shall have no liability for any such messages.
Appears in 1 contract
Samples: Messenger Service Agreement
Use of Services and Restrictions. (a) Customer is responsible for maintaining the confidentiality of any and all usernames and passwords issued to or created by Customer that are used to access the Services. Customer acknowledges and agrees that Customer is solely responsible for any and all activities conducted through the use of the Platform, whether by Customerʼs employees, agents, service providers or any other person that interacts with the Platform under Customerʼs account, whether such action is made with or without Customerʼs authority.
(b) Customer agrees that it will not use, and will not permit any other person or entity to use, the Platform to transmit any content that is illegal or that relates to or references illegal activities, drugs, or alcohol; that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive; or that infringes upon or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Customer further agrees that it will not use, and will not permit any other person or entity to use, the Platform to contact any emergency services, to annoy or harass any person or entity, or in any manner that otherwise violates any federal, state or local law, regulation or ordinance.
(c) Customer agrees that it will only use, and permit others to use, the Platform in a manner that is consistent with the terms of this Agreement and Applicable Law. For purposes of this Agreement, “Applicable Law” shall mean any applicable law, rule, statute, regulation or legal obligations applicable to the use of the Platform by Customer, including, without limitation, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Communications Commissionʼs rules issued thereunder, including 47 C.F.R. § 64.1200 (collectively, the “TCPA”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 et seq., and the Federal Trade Commissionʼs Telemarketing Sales Rule issued thereunder, 16 C.F.R. §§ 310.1 et seq. (collectively, the “TSR”), federal and state laws relating to do-not-call registries (“DNC Laws”), federal and state campaign finance laws (including required disclaimer, disclosure, or “Paid for by” laws, such as the California Text Message DISCLOSE Act, or AB 201), and any analogous or similar foreign, local, municipal or state laws and regulations. For the avoidance of doubt, Customer may only use the Platform to initiate or cause to be initiated messages if the subscriber or customary user of the telephone number to be contacted has provided the consents that are required by Applicable Law for the type of message sent and has not revoked such consent. Customer agrees to promptly honor any request by a message recipient to not be contacted or any other revocation of consent to be contacted via any particular manner, for any particular purpose or at any particular times. To the extent any message constitutes an advertisement or serves a marketing purpose and to the extent required by Applicable Law, Customer agrees to obtain and review the applicable federal and state do-not-call registries as frequently as required by Applicable Law and to refrain from initiating messages to any telephone number appearing on any such registry. Customer shall be solely responsible for any and all messages sent through the use of the Platform and SBL RGA shall have no liability for any such messages.
Appears in 1 contract
Samples: Gop Gateway Service Agreement