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Terms of Use

Overview

 

The terms and conditions on this page apply to users of Message Launch's web-based user interface who hereinafter shall be referred to as “Customer”.

PLEASE READ THESE TERMS OF USE COMPLETELY AND CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PAGE. BY USING THIS SERVICE (ALSO REFERRED TO AS "WEBSITE"), WHETHER THROUGH MESSAGE LAUNCH’S WEBSITE OR OR SOME OTHER MEANS, YOU INDICATE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE STIPULATIONS DESCRIBED HERE, AND AGREED TO FOLLOW THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. IF YOU ARE A RESELLER OR A USER OF MESSAGE LAUNCH'S WHITE LABEL SERVICE, YOU ALSO AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN POLICIES, PRODUCTS, AND SERVICES AND TO ENSURE THAT YOUR CUSTOMERS OR USERS ADHERE TO THESE TERMS.

Message Launch reserves the right, at its sole discretion, to modify and post these Terms of Use at any time without prior notice. You are advised to visit this page to review the current Terms of Use on a regular basis.

Message Launch provides businesses and organizations with a variety of tools to collect names, phone numbers, email addresses, and other information on an opt-in basis. 

CTIA regulations prohibit certain campaigns such as text-to-win and financial offers by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material described in this document.

If you are using a shared number, you acknowledge the very real risk that your code may be shut down at any time due to a bad actor on the code or changes to carrier policies. You may be required to migrate to a toll-free number at any time at the sole discretion of Message Launch. In addition, you acknowledge the risk that at any time, your number may be shut down at the discretion of either carriers or Message Launch.

Message Launch's service may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.

Message Launch reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement, applicable law, or industry regulation. Violation of applicable anti-spam regulation may also cause third-party legal action against you. Message Launch also reserves the right to refuse or cancel service if Message Launch believes that your conduct is harmful to the interests of Message Launch and its affiliates, or if payment is past due. Message Launch reserves the sole discretion and right to permanently delete archived data after 30 days of account termination.

Message Launch will not use your database or any other private information stored in your account for any purpose other than those indicated in these Terms of Use or to comply with legal requirements.

Governing Laws and Carrier Regulations

 

The validity, construction, and performance of this Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to their conflict of law principles. You agree that the federal or state courts sitting in California will be the exclusive courts of jurisdiction and venue for any litigation, special proceeding, or other proceeding as between the Parties that may be brought, arise out of, in connection with, or by reason of these Terms of Use..

 

The following are the laws and regulations that govern the sending of SMS messages. Before using Message Launch's service, you agree to review and abide by all relevant laws and regulations, and to check regularly for any revisions, as they may be amended over time. Message Launch does not make any claims that we have authority to enforce or amend these laws and regulations.

Permission-Based Subscription Requirements

 

Every outgoing email via the Message Launch service must contain a link that allows the recipient to unsubscribe from your distribution list(s). All mobile messages must conform to the latest available best-practice guidelines published by the Mobile Marketing Association, which you agree to review before using Message Launch's service. 

IMPORTANT for Mobile Keywords, Online Signup Forms, and Other Collection Methods: For mobile keywords, you must include the opt-in disclosure shown below (after you have filled in the appropriate fields) in all of your promotional materials in all media, website, printed material, digital and event promotions, broadcasts, and any other material promoting your mobile keyword. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your mobile keyword without warning as well as third-party legal action.

  • Summary Terms & Conditions: Our mobile text messages are intended for subscribers over the age of [minimum age] and are delivered via U.S. short code [shortcall code], long code [long code], and/or toll-free number [toll-free number]. You may receive up to [message count] message(s) per month for [messaging program or content]. Message and data rates may apply. For help, text HELP to the number that sent you the message, email [support email], or call +1 [support phone number]. You may stop your mobile subscription at any time by text messaging STOP to the number that sent you the message.

Privacy and Anti-Spam Policies

 

The following terms and various other sections of this document constitute an introduction to the concept of spam and the general contours of a responsible, permission-based campaign. This general information is not an exhaustive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of Message Launch's service. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.

  • What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any recipient constitutes permission to send messages. For example, if a customer disclosed a mobile number in the course of business but did not give you specific permission to send messages, you cannot send messages to that number.

  • What constitutes consent? As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its collection, and (3) the use of their contact information. All message recipients must also give explicit consent prior to receiving your message. The required record of consent differs depending on the nature of your message.

 

Solicitation (e.g. promotions, promotional announcements, coupons, and deals):
NOTE: You are required to obtain prior express WRITTEN or ELECTRONIC consent from each contact to send solicitation messages via text regardless of a previous or standing business relationship with the contact. See below for more details.


Non‑solicitation (e.g. reminders, alerts, and appointments):
NOTE: You are required to obtain express consent from each contact before you send messages regardless of a previous or standing business relationship with the contact. Such consent may be written or verbal but must be documented.

Purchasing a product or service from you, participating in an event, or "liking" or "following" your business on Facebook or Twitter does not constitute consent to receive messages from you, and cannot be a condition for opting in to receive messages from you. In addition, subscribers must specifically opt-in to receive text messages from you.  If you require confirmation of opt-ins to your service but do not receive a response from a given contact, you do not have sufficient consent and may not send messages to that contact.

  • What constitutes prior express written consent? The revised TCPA rule defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.

    • Signing the agreement authorizes the seller to deliver messages to a designated phone number by use of an automatic system.

  •  As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording. For more details on the revised TCPA regulation, click here.

  • You agree that you will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with our service.

  • You agree to all terms set forth in Message Launch's Privacy Policy and Anti-Spam Policy.

  • You agree that you will add, edit, access and otherwise use in connection with Message Launch's service only contact information with proof, which you shall retain, of each subscriber's' prior express written consent to receive solicitation from you. Message Launch reserves the right, at its sole and absolute discretion, to deny access to functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of you or your organization's legal identity.

  • You agree to represent truthfully your identity, the identity of your organization, your product or service, availability, pricing, benefits, and any other offering aspects to your subscribers in all messages.

  • You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.

  • You agree that any data in your database may be altered by Message Launch at the subscriber’s request due to CCPA, GDPR, and other data protection laws.

Message Launch has a no-tolerance policy toward spam. Message Launch does not assume the duty or obligation to monitor messages. However, Message Launch reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to guidelines and policies pertaining to our Website and services.

Evading Message Launch's monitoring system or the transmission of spam messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately by clicking here.

Governing Law and Jurisdiction

 

The validity, construction, and performance of this Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to their conflict of law principles. The Parties agree that the federal or state courts sitting in California will be the exclusive courts of jurisdiction and venue for any litigation, special proceeding, or other proceeding as between the Parties that may be brought, arise out of, in connection with, or by reason of this Agreement.

Representations

 

In using this service, you represent and warrant that you have full authority to enter into this Agreement and consummate the transactions contemplated, and that this Agreement is not in conflict with any other Agreement to which Customer is a party or by which it may be bound. 

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL DAMAGES ARISING FROM ITS BREACH OF ANY OBLIGATION UNDER THIS AGREEMENT INCLUDING THOSE RELATED TO ANY APPLICABLE LAW, POLICY, REGULATION OR PRIVACY LAW. IN ADDITION, CUSTOMER’S LIABILITY WILL EXTEND TO THOSE IT CONTRACTS WITH AS PART OF THE PROVISION OF CUSTOMER’S SERVICE, INCLUDING BUT NOT LIMITED TO THIRD PARTY AFFILIATES OR ANY ENTITY OR PERSON WHOM CUSTOMER DIRECTS, INSTRUCTS OR MANAGES IN AN EFFORT TO SELL OR MARKET CUSTOMER’S SERVICES AND PRODUCTS. CUSTOMER AGREES THAT A BREACH OF THIS AGREEMENT BY ANY THIRD PARTY AFFILIATE SHALL CONSTITUTE A BREACH BY CUSTOMER. EXCEPT FOR LIABILITY ARISING OUT OF OR RELATED TO MESSAGE LAUNCH’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL OR STATE LAWS, POLICY, OR REGULATION, OR MESSAGE LAUNCH’S WILLFUL MISCONDUCT,CUSTOMER IS SOLELY LIABLE FOR ANY ACTS OR OMISSIONS CAUSING DAMAGE OR INJURY TO MESSAGE LAUNCH: (I) RESULTING FROM SENDING OR TRANSMITTING ANY MESSAGES TO A PHONE NUMBER OR EMAIL ADDRESS; (II) FOR ALL CUSTOMER CONTENT, CUSTOMER SERVICES OR INSTRUCTIONS SUPPLIED BY OR ON BEHALF OF CUSTOMER THAT ARE FALSE, INCORRECT, INCOMPLETE, ILLEGIBLE, OUT OF SEQUENCE, OR IN THE WRONG FORMAT OR ARISING FROM THEIR LATE ARRIVAL OR NON-ARRIVAL, OR ANY OTHER ACT OR OMISSION OF CUSTOMER OR ANY OF ITS AFFILIATES; AND (III) FOR THE ACTS OF ANY AFFILIATES CONTRACTED OR OTHERWISE RETAINED BY CUSTOMER FOR PURPOSES COVERED BY THIS AGREEMENT.

Arbitration

 

All disputes, claims, or controversies arising from or relating to this Agreement or the relationships which result therefrom shall be resolved by binding arbitration in California in accordance with the Rules of the American Arbitration Association. Any controversy or claim subject to this arbitration provision shall be decided by one arbitrator selected by the parties, and judgment on the award may be entered in any court having jurisdiction thereof. Each party shall bear its costs of arbitration.

Amendments

No modification, amendment, supplement to, or waiver of this Agreement or any of its provisions, including those by custom, usage of trade, or course of dealing, will be binding on the Parties unless made in writing and duly signed by the Parties.

Waiver

 

A failure or delay of Message Launch to enforce at any time any of the provisions of this Agreement, or to exercise any option provided in this Agreement, or to require at any time performance of any of the provisions in this Agreement, will not be construed to be a waiver of such provision of this Agreement, nor will it excuse the other Party’s performance of such, nor affect any rights at a later time to enforce the provision.

Severability

 

If any provision of this Agreement is found invalid, illegal, or unenforceable by a tribunal or court of competent jurisdiction, the remaining provisions of this Agreement will remain valid and enforceable according to its terms. The invalid, illegal, or unenforceable provision will be replaced by a mutually acceptable provision which, being valid, legal, and enforceable, comes closest to the intention of the Parties. If any provision of this Agreement is held to be excessively broad as to duration, geographical scope, activity, or subject, it is to be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.

Acceptable Use Policy

Message Launch reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion. Message Launch's services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others' use or enjoyment of the services is prohibited. If Message Launch determines that you are in violation of our policies, we reserve the right to suspend your use of the account, subject to our NO REFUND policy. Message Launch also is not responsible for any direct or indirect ramifications that may occur due to a suspension of your account.

The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive.

  • Adversely affecting the availability, reliability, or stability of Message Launch's services including but not limited to hacking, data breach, or actions that limit our network access

  • Any actions, whether knowingly or unknowingly, that adversely affect the availability, reliability, or stability of Message Launch's services by causing a compliance violation inquiry of any Message Launch code or number

  • Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of Message Launch's services

  • Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to Message Launch, any Message Launch client, or any of their subscribers

  • Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities

  • Using the services in any manner that may subject Message Launch or any third party to liability, damages, or danger

  • Using the services in any manner that violates any applicable third-party policy or requirement

  • Using the services in any manner that violates the Mobile Marketing Association's guidelines or best practices, carrier guidelines (e.g. CTIA Guidelines), or any other industry standard

  • Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account

  • Using any property or material trademarked or copyrighted by Message Launch in any manner other than those expressly permitted under these Terms of Use

  • In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity

  • Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers

  • Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act

  • Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise)

  • Offering any emergency services ("emergency services" meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)

  • Using your account to mislead others as to the identity of the sender or the origin of a message by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header

  • Misrepresentation of your identity, business, use case, or message type to Message Launch or the carriers

  • Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software

  • Interfering with or disrupting any network connected to Message Launch services or violating the regulations, policies, or procedures of any such network

  • Using the Message Launch services or any component thereof in a manner not authorized by Message Launch

Warranty Disclaimer

MESSAGE LAUNCH PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN "AS IS" BASIS. MESSAGE LAUNCH AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, MESSAGE LAUNCH DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, MESSAGE LAUNCH DOES NOT WARRANT THAT ITS SERVICES ,WEBSITE, TOLL-FREE NUMBERS, SHORT CODES, LONG CODES, OR LINK SHORTENER WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH MESSAGE LAUNCH SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, MESSAGE LAUNCH WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE, LONG CODE OR TOLL-FREE NUMBER, AS APPLICABLE, IF THE PRIMARY SHORT CODE, LONG CODE OR TOLL-FREE NUMBER IS IMPAIRED.

NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY MESSAGE LAUNCH, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION. ANY ADVICE OR CONSULTATION PROVIDED BY MESSAGE LAUNCH, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, WEBSITE, OR AGENTS SHOULD BE INTERPRETED AS LEGAL ADVICE OR AUTHORITATIVE CONSULTATION. FINAL JUDGEMENT SHOULD BE PROVIDED BY YOUR INTERNAL COMPLIANCE OR LEGAL TEAM.

Indemnification

You hereby agree to defend, indemnify, and hold harmless Message Launch and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation alleged to have been committed through any use of your Message Launch account, (iii) any other use of Message Launch's service in any manner not authorized by these Terms of Use, in violation of the restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to Message Launch's system, records, data, or settings.

You agree that Message Launch has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates Message Launch's privacy, acceptable use, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from Message Launch and its affiliates whether or not Message Launch is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.

Termination

Customer may request termination of their online access to Message Launch service by submitting a support ticket through Message Launch's user interface. Service may not be cancelled by any other method such as phone, email, or letter. Customer acknowledges and agrees that all payments made including setup fees, subscription fees, plan fees, service fees, and prepaid text message credits are non-refundable regardless of Customer’s service usage or account activity. It is the sole responsibility of Customer to utilize the Message Launch software. By making a payment, Customer is accepting the Message Launch software as provided at Message Launch.com. Customer agrees to pay any outstanding amount for the Message Launch software whether the Message Launch software was or will be used. Customer may cancel online access to Message Launch service at any time, but any commitments under this Agreement, including but not limited to paying all fees herein, will remain until all obligations are met with valid payments. Cancellation, suspension, or deletion of the account(s), by Customer or Message Launch,   may never be construed as a release or acknowledgment of meeting financial obligations under this agreement. Any paid fees are non refundable, and all committed fees are to be paid. Customer acknowledges and agrees that any unused text message credits are also non-refundable. 

Customer acknowledges and agrees that any failure to make payments due under this Agreement will result in Message Launch pursuing all legal remedies, including seeking the assistance of the courts and/or a collection agency. Customer agrees to pay any costs associated with Message Launch’s efforts to collect any payments due under this Agreement.

Lack of activity alone does not automatically terminate your account, and Customer remains  responsible for all applicable service fees. Message Launch may delete any of your archived data after 30 days following the date of termination. If your account has not been cancelled and is classified by Message Launch as inactive for at least 90 days, Message Launch reserves the sole discretion and right to permanently and irrevocably delete all of your account data. You understand and agree that Message Launch will make no refund of any fees whether or not the service has been used.

At any time, with or without notice, Message Launch may terminate this agreement or the service or disable your account in whole or in part at Message Launch's sole discretion. Message Launch shall bear no liability to you or any third party because of any such action.

Acknowledgements

You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.

  • The service will be subject to monthly, quarterly, bi-annually, or yearly software license fees

  • Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.

  • Customer grants Message Launch a nonexclusive, perpetual right to use or copy any content or campaigns created or input by Customer into the Message Launch Software ("Customer Content"). Notwithstanding the foregoing, nothing in this Agreement will confer in Message Launch any right of ownership in Customer Content.

  • Message Launch is not required to provide data outside the system that are already available through the user interface, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.

  • You are not allowed to import or incorporate (into any contact list, message, etc) or upload (to Message Launch servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.

  • If any provision of this agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this agreement fully enforceable and valid.

  •  You and Message Launch agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any Message Launch representative will be honored. No delay or omission by Message Launch in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.

  • No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind Message Launch in any respect whatsoever.

  • Message Launch reserves the right to refuse, suspend, disable, or terminate any party's service, in whole or in part, at any time, for any reason, and without notice. Message Launch shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, long codes, toll-free numbers, mobile keywords, online signup pages, login access, the control panel, and DSP email servers.

If you have any questions, concerns, or comments about the Terms of Use, you may click here to contact us.

Updated 01/31/2020

Prohibited Content

 

In addition to and without limitation to terms under the Acceptable Use Policy, Message Launch prohibits any use of the service in connection with any of the following types of content, products, and services.

  • Pornography, sexual products, otherwise sexually explicit material, and escort services

  • Content related to the sale or promoting the use of drugs and contraband determined to be illegal by any state, federal, or local government

  • Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age

  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code

  • Instructions or materials for the assembly of bombs or other weapons

  • Financial Offers when the organization is not the direct lender

  • Affiliate offers wherein personal data is shared with third-party organizations

  • Text-to-win campaigns on any shared code 

  • Disclosure of anyone's private or personally identifying information without such party's prior express written consent (or parents' prior express written consent in the case of a minor)

  • Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner

  • On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age

  • Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services

  • Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to "get rich quick," "build your wealth," and "financial independence" offerings

  • Any libelous, defamatory, scandalous, threatening, or harassing activity

  • Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age

  • Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence

  • Any product or service related to death (e.g., mortuaries and cemeteries)

  • Any product or service that is unlawful where such product or service or promotion thereof is received

  • Images of authors, artists, photographers, or others without prior express written consent form the content owner

  • Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier

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