This Acceptable Use Policy describes actions that Shape Software Inc. (“Shape”) prohibits when any client of Shape or third party (“Counterparty”) uses any Shape product or services (“Shape Services”). In addition to the terms and acceptable uses and prohibitions in this policy, the Shape Services may not be used in any illegal, abusive or other manner that interferes with the business or activities of any other party.
We reserve the right to adjust services and fees based on the average usage across our network. We do this to prevent fraud and abuse of our subscription based service. Generally, other than those described above, we do not place limitations on your account. However we reserve their right to adjust services and/or fees if usage significancy exceeds the acceptable use on our systems or begins to impact the usage of the system for other users. While we strive to only adjust in rare cases, we must ensure fair access to the system for all clients. If we elect to limit a user’s access to any feature, whenever possible the client will be provided with an upgrade option to gain additional usage in that area.
You, and our Users are ultimately responsible for using Shape and You, Your Company, and Your Users are fully liable for any use of our service in violation of any applicable law, as well as this Responsible User Policy.
The following list gives examples of prohibited activities. This list is provided by way of example & should not be considered exhaustive:
Attempting to bypass or break any security mechanism on any of the Shape Services or using the Shape Services in any other manner that poses a security or service risk to Shape or any of its users.
Testing or reverse-engineering the Shape Services in order to find limitations, vulnerabilities or evade filtering capabilities.
Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Shape Services or any other conduct that adversely impacts the availability, reliability or stability of the Shape Services.
Use of Shape Services or any Shape provided API for a use other than approved by Shape in writing or in Shape’s sole and absolute discretion.
Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
Using the Shape Services in any manner that violates any applicable industry standards, third party policies or requirements that Shape may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
Engaging in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Using the Shape Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
Using Shape Services to harvest or otherwise collecting information about others, including email addresses or phone numbers.
Using Shape Services to engage in fraudulent activity with respect to third parties.
Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
Taking any action to encourage or promote any activity prohibited under this Acceptable Use Policy.
Transmitting any material that infringes the intellectual property rights or other rights of third parties.
Transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
Shape may charge you for additional third party services (“Third Party Charges” or “TPC”). If you wish to opt out of certain TPCs, contact email@example.com to notify Shape that you do not wish to use these services or that you would like to opt.
Any prohibited activity listed above, or as decided in Shape’s sole and absolute discretion, shall be cause for immediate termination of Shape’s services to a client, third party, or any Counterparty.
This Agreement shall become effective upon any of these conditions: 1) You begin using any of Shape’s products or services; 2) You accept this Agreement online electronically; or 3) You sign this Agreement in writing. The provisions of this agreement related to legal compliance, indemnity, and choice of forum for disputes shall survive the termination of this agreement.