THIS ACCEPTABLE USE POLICY GOVERNS THE MANNER IN WHICH YOU ENGAGE THE MESSAGE SERVICES PROVIDED BY MRI SOFTWARE LLC AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “MRI”). BY ACCESSING THE SYSTEM OR SERVICES, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS OF THIS ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SYSTEM OR SERVICES. IF YOU ARE USING THE SYSTEM OR SERVICES ON BEHALF OF A COMPANY, YOU AGREE THAT YOU ARE AUTHORIZED TO ENTER INTO THESE TERMS ON YOUR BEHALF OF THE COMPANY, AS WELL AS ON YOUR OWN BEHALF. THIS ACCEPTABLE USE POLICY WILL BE LEGALLY BINDING UPON YOU AND THE COMPANY ON WHOSE BEHALF YOU ARE USING THE SYSTEM OR SERVICES. MRI MAY CHANGE THIS ACCEPTABLE USE POLICY FROM TIME TO TIME. IT IS YOUR RESPONSIBILITY TO MONITOR THE UPDATES.
By using the MRI system or services, You grant MRI and its service providers permission to provide messaging services such as text message, email messages, phone calls, etc. as applicable (“Messages”). All references to “You” or “Your” shall mean both the individual accessing the system and the company on whose behalf they are accessing the system. All content used within the system is Your sole responsibility. You are solely responsible for the integrity and quality of any information, data, text, graphics, content of the Messages, or photographs or other images (the “Content”). You shall be responsible for, and under no circumstances will MRI Software (“MRI” or “we”) or its Affiliates or any of their licensors or suppliers be responsible, for any loss, damage or liability arising out of any Content, including any mistakes contained in the Content or the use or subject matter of the Content. Further, You are responsible for: (i) any Messages that are sent through its accounts (other than those sent by MRI without Your consent); (ii) all fees accruing from the use of the service through Your account; and (iii) all actions Your employees, agents, affiliates, and the employees of the same, as if such actions had been conducted by You.
You shall be responsible for procuring any necessary consents or having other legal basis for the Messages and to transmit data to the recipients of Your Messages transmitted through the service. You represent and warrant that before providing any personal information to MRI or its service providers, including names and telephone numbers of the recipients, You will comply with any laws applicable to the disclosure of personal information, including providing notices to or obtaining permission from third parties to allow sharing of their personal information under the Agreement. Furthermore, You represent and warrant that You will use all data which You provide for the services in accordance with any and all restrictions applicable to such data and all applicable laws and regulations. You will use Services in accordance with this Acceptable Use Policy and all applicable laws, including, but not limited to, the CAN-SPAM Act of 2003, Telephone Consumer Protection Act, Fair Debt Collections Practices Act, Federal Communications Commission (“FCC”), Federal Trade Commission (“FTC”), Privacy and Electronic Communications Regulations 2003 (UK), SPAM Act (AUS), rules or regulations and any and all other laws related to Messages (“Applicable Laws”). You will not send or instruct MRI to send any Messages to any recipient unless permitted under Applicable Law. If required by applicable law, You must provide all recipients with a simple mechanism for opting out or unsubscribing from receiving Messages or further contact from You. Upon such opt-out requests unless otherwise allowed by Applicable Law, You will stop delivering Messages to those recipients and inform MRI of such requests to the extent that the recipient may have information held by MRI.
You will include Your official business or government name in each Message. You will include a method of contact which will allow the recipient to contact You. You will not send Messages to phone numbers that are emergency numbers and/or other numbers that may not be called using automated dialing equipment under Applicable Law. You will not send or instruct MRI to send any Content that You know, or have reason to know: (i) infringes another’s rights in intellectual property; (ii) invades any privacy laws including without limitation another’s right to privacy and/or any privacy policies of You or any third-party; and/or (iii) justifies a complaint to a regulatory body. You will not: (i) engage or facilitate any unethical, deceptive or misleading practices in connection with the use of the service; (ii) use the service in connection with any donations, sales, spamming or any unsolicited messages (commercial or otherwise); and/or (iii) provide content to be transmitted in the service which: (a) is defamatory, libelous, obscene, pornographic, or is otherwise harmful; (b) promotes violence, discrimination, illegal activities, gambling, alcoholic beverages, guns or tobacco; and/or (c) contains or otherwise links to viruses, worms, cancelbots or any other harmful code or computer programs designed to disrupt the functionality of any computer software or hardware or telecommunications equipment. You acknowledge that MRI or its service providers may block Messages (e.g., based on instructions from recipients, carriers, aggregators, government agencies, etc.). You agree to maintain all security regarding Your (and its Users’) account ID, password, and connectivity with the Service. If Your account ID or password are stolen, or otherwise compromised You are obligated to immediately change the password and inform MRI of the compromise.
You acknowledge and agrees that Messages may not be delivered if the transmission exceeds capacity at the sender or recipient. You acknowledge and agree that factors beyond the control of MRI and its service providers may interfere with message delivery. You acknowledge that urgent messages may not be timely received. MRI and its service providers do not guarantee that messages will be delivered and will not be liable for factors outside of its control.