Acceptable Use Policy
Last modified: June 27, 2018
This Acceptable Use Policy tells you what you can and cannot do when you use our Services in any possible way. If you have any questions about restrictions set out below, if you need to file a complaint or wish to inform us of a breach of this Policy, please contact PushBird at [email protected] with all the relevant details.
Before we get into the dos and don’ts, there are some ground rules that you should be aware of:
- We may in our sole discretion determine whether you are in violation of this Acceptable Use Policy. In doing so, PushBird reserves the right to view the content of your messages in accordance with our General Terms and Conditions or the master agreement separately entered into with you, whichever is applicable.
- When the user behaviour violates this policy, PushBird will provide information to law enforcement personnel or to third parties who reasonably claim to have been harmed by such conduct. We will only provide the necessary information and limit the amount of disclosed information as much as possible.
- We are not legally responsible for any misinterpretation, lack of understanding or lack of knowledge regarding the use of our Services and the information provided hereunder.
- Our failure to enforce this policy in a particular instance shall not result to waiver PushBird’s rights hereunder or, in the event of any future violations of this policy.
- You agree to indemnify, defend and hold harmless PushBird from any and all third party claims, liability, damages and/or costs (including, but not limited to attorney fees) arising from your violation of this Acceptable Use Policy.
- PushBird reserves the right to update this Acceptable Use Policy at any time. When changes substantially affect your rights and obligations, you’ll be notified in advance. You’ll be given the time to review the changes and decide whether to continue using our Services in accordance with our new terms.
- We cannot provide a complete list of all the things you should refrain from doing. The list below is provided by way of example and is not exhaustive. It is the customer’s own and exclusive responsibility to comply with all applicable laws and regulations when sending push messages or interacting via our APIs. We strongly encourage you to review your proposed use case(s) with a qualified legal counsel to make sure your intended practice(s) comply with the applicable laws and regulations.
PLEASE READ THIS CAREFULLY
With no limitation to the following, your use of our Services, including the content of the communications you send through us:
- shall not be false, inaccurate, misleading or fraudulent (including, but without limitation, by creating a false identity or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin or contents of a message or other communication using your account).
- shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising, privacy and data protection);
- shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- shall not engage in any activity that the Dutch Authority for Consumers and Markets or any similar entity or authority in any other jurisdiction has restricted or regulated with regard to proper use of the public telephony network;
- shall not be obscene or contain (child) pornography;
- shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners, affiliates, Users or suppliers;
- shall not in any manner violate the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards;
- shall not violate the requirements of PushBird;
- shall not in any manner violate any applicable third party policies or requirements that PushBird has communicated to you;
- shall not sublicense, resell, timeshare or similarly exploit the Services;
- shall not adversely impact the availability, reliability, or stability of the Services;
- shall not launch or facilitate, whether intentionally or unintentionally, a denial of service attack on any of the Services;
- shall not attempt to bypass or break any security mechanism on any of the Services or use the Services in any other manner that poses a security or service risk to PushBird, to any user of our Services, or to any of our or their respective customers;
- shall not reverse-engineer the Services in order to find limitations, vulnerabilities or any ways to evade filtering capabilities;
- Shall not offer any Emergency Services to users. “Emergency Services” shall mean services that allow a user to connect with emergency personnel or public safety answering points (PSAP) such as 911/112 or E911 services.
- Shall not authorize, permit, enable, induce, or encourage third party to do any of the above.
- Shall not use the Services, or any component of the Services, in any manner not authorized by PushBird.
COMMON MISTAKES AND GUIDELINES Do not spam. Do not spam. DO NOT SPAM.
- If they don’t reply, they’re not interested. That said, you should not send multiple, identical, and/ or similar messages to the same destination/recipient. Be aware that some countries allow companies to use certain types of messages only during certain hours of the day.
- Push marketing strategies have a wide range of benefits. However, they may have their own rules. Mass marketing restrictions apply and vary from country to country.
Engaging in fraud or phishing
We do not support nor accept fraudulent activities. For example, collecting confidential information by requesting responses via push without prior contact and/or consent is not allowed. If you are an end-user victim of a similar practice, you can report a violation via [email protected] We will make sure to investigate and take the appropriate steps to stop such behaviour without undue delay. We also recommend you to bring your case before the relevant consumer protection authority in your jurisdiction.