The Customer agrees to familiarize with and abide by all applicable local, provincial, national and international laws and regulations and is solely responsible for all acts or omissions that occur under the Customer’s account, including without limitation the content of the messages and broadcasts that Customer creates and initiates through the Services. Without limiting the foregoing, the Customer agrees to familiarize itself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Company Services by visiting the following websites:
- Canadian Radio-television and Telecommunications Commission – http://www.crtc.gc.ca/eng/home-accueil.htm
- Canadian Wireless Telecommunications Association (CWTA) – cwta.ca
- Canada’s Anti-Spam Legislation (CASL) – http://www.crtc.gc.ca/eng/casl-lcap.htm
The Company 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 the Customer’s responsibility to familiarize itself with and abide by the legal requirements pertaining to the Customer’s messages, broadcasts and interactive campaigns prior to using the Services. The Customer is ultimately responsible to make its own informed decisions regarding the messages, broadcasts, and campaigns.
The Customer must schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, provincial, national, and international calling time rules and regulations. The Customer is solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If the Customer is unfamiliar or unclear on the legalities of any message, broadcast or campaign, the Customer must consult with the appropriate legal counselor prior to the use of the Services.
The Customer accepts that the Services are provided for professional use only, and agrees that the Customer’s use of the Company Sites or Services shall not include:
- Using the Services to encourage any illegal, abusive, or other activities that interfere with the business or activities of the Company.
- Sending unsolicited marketing messages or broadcasts (i.e. spam);
- Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
- Harvesting, or otherwise collecting information about others, without their consent;
- Misleading others as to the identity of the sender of the Customer’s messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to the Customer;
- Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
- 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;
- Using the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines defined by CASL, CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction);
- 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 unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or
- Engaging in any other activity that the Company believes could subject it to criminal liability or civil penalty/judgment.
The Customer further agrees that the Company is, under no circumstances, responsible for the contents and/or accuracy of the Customer’s messages or broadcasts and the Company will only transmit them on a basis of good faith that the Customer uses the Services in accordance with the Acceptable Usage Policy. The Customer will provide its own sound files for all outbound campaigns. The Company will not be liable for any misuse of the Services by the Customer. The Company is not responsible for the views and opinions contained in any of Customer’s messages or broadcasts.
Last Updated on August 05, 2016