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TSYS Acceptable Use Policy for Messaging via the TSYS Communications Platform and TSYS Digital Engagement Platform

By subscribing to the Communications Platform and/or TSYS Digital Engagement Platform (the "Services"), Subscriber ("you") agree to comply with this Acceptable Use Policy ("AUP") between you and Total System Services, Inc. ("TSYS", "we", or "us" as applicable). We reserve the right to change or modify the terms of this AUP at any time, effective when the revised version is posted on TSYS' site at: www.tsys.com/messaging/AUP.html. By using the Services, you agree to the latest version of this AUP.

In the event of a conflict between the terms of this AUP and the terms of the agreement with us governing your use of our Services (the "Agreement"), the terms and conditions of this AUP apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein have the meanings set forth in the Agreement.

No Illegal, Harmful or Offensive Use or Content

You are solely responsible for your Content. You may not use the Services, and shall not instruct TSYS to send any messages using the Services, (i) for any illegal, harmful, fraudulent, infringing or offensive use, or (ii) to transmit, store, display, distribute or otherwise make available Content that is illegal, harmful, fraudulent, infringing or offensive. For purpose of this AUP, "Content" means any and all content (including data, text, audio, graphics, photographs, artwork, and other materials) provided and/or approved by you in accordance with relevant project documentation for messages sent via the Services. Prohibited activities or Content include:

  • Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

If we reasonably believe, or the third party message distributor reasonably believes, any of your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement or this AUP ("Prohibited Content"), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within two business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services with respect to the messages containing that Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.

Compliance with Law

Without limiting your compliance obligations under the Agreement, you shall not use the Services or direct TSYS to send messages using the Services in a manner that violates any laws, rules, and regulations applicable in jurisdictions in which your applications are used, including without limitation those relating to individual privacy or the distribution of email and other one-to-one communications.

No Unsolicited Messaging

You are solely responsible for the selection and identification of recipient phone numbers and/or addresses to which you direct TSYS to send messages via the Services. You may only send messages to individuals who have agreed to receive notifications from you.

No Benchmarking

You may not perform benchmarks or comparative tests or evaluations of the Services.

Message Blocking and Delays

Messages sent through the Services may be blocked, delayed or prevented from being delivered by destination servers and other reasons outside of our and our third party message distributor's control. After delivery to the third party message distributor, there is no warranty that the Services will be uninterrupted, secure or error free or that messages will reach their intended destination during any stated time-frame. In addition, you acknowledge that we may not be able to provide the Services if a wireless carrier terminates or suspends their service. We will notify you if we become aware of any such blockage, suspension or termination. Your payment obligations continue regardless of whether delivery of your messages is prevented, delayed or blocked.

Service-Specific Terms for Text Messaging

We may throttle or restrict notifications if we determine, in our sole discretion, that your activity may be in violation of the AUP or the Agreement.

You may not charge recipients for receiving notifications by SMS unless you have obtained the recipient's express consent. You must advise recipients receiving SMS notifications that wireless carriers may charge the recipient to receive notifications by SMS. Through your use of the text messaging component of the Services you shall not, and will not instruct TSYS to:

  • Transmit any material that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs.
  • Materially violate or facilitate the material violation of any local or foreign law, rule, regulation or order, including laws regarding the transmission of data or software.
  • Transmit material that contains sensitive financial or identifying information (such as social security numbers).
  • Resell, sublicense or timeshare the Services or use them on behalf of anonymous or other third parties.

Service-Specific Terms for Email Messaging

We (or our third party service providers) may take steps to increase the security and reliability of emails that you send or attempt to send using the Services, or that may be received by the Services. Like many email service providers, when you send, attempt to send, or receive an email, we (or our third-party providers) may store and scan your email and your Content included in that email. This helps us protect you and us by preventing and blocking "spam" e-mails, viruses and spyware, and other harmful or unwanted items from being sent and received over SES.

We may throttle, suspend or terminate your access to the email channel, or block or decline to send and/or receive any email, if we determine or our third party service provider determines that

  • scans reveal abusive or low quality email (such as "spam"),
  • email bounces back to us or we receive abuse complaints (including complaints from third parties) in connection with your email,
  • the source or ReturnPath email address you have provided us for "address bounces" or complaints is not successfully receiving email, or
  • your use of the email channel does not comply with the AUP or the Agreement, or
  • your emails or your Content include an attachment in a format that we do not support.

22.4. You are solely responsible for ensuring any emails you send and receive using the Services comply with the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, as it may be amended (the "CAN-SPAM Act"). TSYS is not the "sender" as defined in the CAN-SPAM Act. You will not use SES in connection with an open mail relay, including, without limitation, an open mail relay in the form of an SMTP server, unrestricted web form, or otherwise.

You shall not use the Services to distribute, publish, send, or facilitate the sending of unsolicited mass e-mail messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not instruct TSYS to alter or obscure mail headers and you will not assume a sender's identity without the sender's explicit permission. You will not collect replies to email messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider.

Our Monitoring and Enforcement

We and our third party message distribution providers reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We or they may (i) remove, disable access to, or modify any content or resource that violates this AUP or any other agreement we have with you for use of the Services.

We and/or our third party message distribution providers may report any activity that we or they suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. That reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

Reporting of Violations of this AUP

If you become aware of any violation of this AUP, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.