Acceptable Usage Policy
This Use Policy governs the use of SMS-GATEWAY service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and SMS-GATEWAY regarding the interpretation of this AUP, SMS-GATEWAY’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact email@example.com
01. Offensive content
You may not publish or transmit via SMS-GATEWAY’s service any content that SMS-GATEWAY reasonably believes:
- Constitutes child pornography;
- Constitutes pornography;
- Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy;
- Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- Improperly exposes trade secrets or other confidential or proprietary information of another person;
- Is intended to assist others in defeating technical copyright protections;
- Clearly infringes on another person’s trade or service mark, patent, or other property right;
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to SMS-GATEWAY; or
- Is otherwise malicious, fraudulent, or may result in retaliation against SMS-GATEWAY by offended viewers.
Content published or transmitted via SMS-GATEWAY’s service includes web content, SMS, bulletin board postings, chat, and any other type of posting or transmission that relies on any internet service provided by SMS-GATEWAY.
It is the responsibility of the client to take reasonable security precautions in protecting their login information to their services and the SMS-GATEWAY billing area. It is always the client’s responsibility to ensure security of their website, SMS-GATEWAY is not responsible for compromised scripts or servers.
03. Bulk commercial SMS
You must obtain SMS-GATEWAY’s advance approval for any bulk commercial SMS, which will not be given unless you are able to demonstrate all of the following to SMS-GATEWAY’s reasonable satisfaction:
- Your intended recipients have given their consent to receive SMS via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the SMS for which the consent is given;
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and SMS-GATEWAY’s requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the SMS must describe how the SMS address was obtained, for example, “You opted in to receive this SMS promotion from our Web site or from one of our partner sites? and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your SMS please contact us at support@*yourdomain.com*?”.
- You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the SMS, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You have the means to track anonymous complaints;
- You may not obscure the source of your SMS in any manner. Your SMS must include the recipients SMS address in the body of the message or in the “TO:” line of the SMS; and
- You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your SMS-GATEWAY service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your SMS-GATEWAY service. In addition, you may not use a third party SMS service that does not practice similar procedures for all its customers. SMS-GATEWAY may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
04. Unsolicited SMS
You may not send any unsolicited SMS, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your SMS-GATEWAY’s services.
05. Material protected by copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- You are otherwise permitted by established United States copyright law to copy the work in that manner.
SMS-GATEWAY will terminate the service of repeat copyright infringes.
06. Copyright infringement notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the SMS-GATEWAY network, please send your written notice of copyright infringement to: firstname.lastname@example.org
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SMS-GATEWAY to locate the material;
- Information reasonably sufficient to permit SMS-GATEWAY to contact you, such as an address, telephone number, and, if available, an SMS address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
07. Fair Share of Resources for Cloud Instances
SMS-GATEWAY Customers may not initiate the following practices. SMS-GATEWAY reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability.
- Usage of 100% (burst CPU usage) of a vCPU core for longer than 2 hours (only applicable for Public Cloud Server Instances). There are various processes and activities which can cause this; these include but are not limited to: Perl Scripts, CGI, PHP, Python, HTTP and Malware.
- Usage of disk IOPS (burst DISK IOPS usage) of a Virtual Disk affecting other users within the same hypervisor (only applicable for Public Cloud Server Instances). There are various processes and activities which can cause this; these include but are not limited to: Perl Scripts, CGI, PHP, Python, HTTP, Malware and SWAP utilization.
- Run any file sharing, bit torrent or other P2P network services, client or server software.
- Use 500Mbps (Megabits per second) or more bandwidth throughput for longer than 2 hours, there are various processes and activities which can cause this; these include but are not limited to Proxies, Downloads and etc.
You must have valid and current information on file with your domain name registrar for any domain hosted on the SMS-GATEWAY network.
09. Internet abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to SMS-GATEWAY and its customers) without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an SMS or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the SMS-GATEWAY’s network.
- Use of SMS-GATEWAY’s network in a way that unreasonably interferes with SMS-GATEWAY’s other customers use of the network
10. Newsgroup, chat forums, other networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
SMS-GATEWAY is under no duty and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the SMS-GATEWAY network.
Inquiries regarding this policy should be directed to email@example.com
Last Edited: January 1st, 2021