This Acceptable Use Policy ("AUP") governs Your use of CSCs, Your registration of CSCs, and any CSC campaigns that use CSCs registered to You or used by You. As used in this AUP, the term "You" refers to a party that registers a CSC, a party that operates a campaign that uses a CSC, a party that sells the goods or services advertised with a CSC, any other user or advertiser of a CSC, and their employees and agents.
CTIA, in its capacity as the Common Short Code Administrator ("CSCA") monitors compliance with this AUP, and any violations of this AUP by You may result in penalties, up to and including the inability to register new CSCs or renew existing CSCs and the suspension of CSC campaigns on the network(s) of one or more wireless carriers. The CSCA and the wireless carriers may impose such penalties without notice to You. The CSCA may change this AUP at any time by posting notice of the change at http://www.ctia.org/business_resources/short_code.
The following requirements apply to your use of CSCs:
- You will comply with the terms of the Registrant Sublicense Agreement.
- You will comply with the terms of any applicable policies of the wireless carriers, including, but not limited to, the terms of each wireless carrier's documentation regarding CSC and short code campaigns.
- You will comply with the recommendations and requirements contained in the Mobile Marketing Association's "Code of Conduct for Mobile Marketing", "Mobile Advertising Guidelines", Mobile Financial Services Best Practices", and "Consumer Best Practices Guidelines for Cross-Carrier Mobile Content Programs".
- You will not use a CSC for any illegal purpose.
- You will not use a CSC in a manner that violates the legal rights of any person (including, but not limited to, intellectual property or privacy rights).
- You will not use a CSC for the purpose of facilitating the sending of spam or other unlawful unsolicited messages to wireless subscribers.
- You will not use a CSC for the purpose of facilitating the sending of messages that are unlawful, defamatory, obscene, harassing, threatening, abusive, or fraudulent.
- You will ensure that your CSC program (including all advertising and promotional material) clearly discloses the material terms and conditions of the program, including pricing and fees, in accordance with the requirements contained in the documents referenced in sections (1), (2), and (3) above.
- You will ensure that your CSC campaign complies with all applicable requirements for consent, opt-in, and opt-out by a wireless subscriber (including those requirements contained in the documents referenced in sections (1), (2), and (3) above).
- You will ensure that your CSC campaign complies with all applicable requirements for disclosure of fees (including both fees imposed by You and any fees that may be imposed by a wireless carrier) to a wireless subscriber (including those requirements contained in the documents referenced in sections (1), (2), and (3) above).
- In any dispute or claim relating to the suspension, termination, non-renewal, or denied application for a CSC due to an allegation that an Aggregator or any Content Provider (whether a CSC Content Provider or a Campaign Content Provider) has violated this AUP or failed to keep Application Information true, current, complete, and accurate, the Aggregator or Content Provider must, prior to bringing an arbitration under the CSCA Agreement, complete nonbinding mediation facilitated by the Center for Dispute Settlement, 1666 Connecticut Ave., NW, Washington, DC 20009, or complete a similar nonbinding mediation process facilitated by any other mediation service the parties may mutually agree to use.