Acceptable Use Policy

This Acceptable Use Policy (the “AUP”) is incorporated by reference into the EcoLink Master Terms & Conditions (the “Terms”) and applies to Customer’s use of the Services. Capitalized terms have the meanings set forth in the Terms.

1. General Use Obligations

1.1 Customer shall use the Services only for lawful purposes and in accordance with the Agreement.

1.2 Customer is responsible for all activity conducted through its accounts, including that of its employees, agents, contractors, and end users.

2. Prohibited Uses

Customer shall not, and shall not allow others to, directly or indirectly:

– Unlawful Activity: Use the Services in violation of applicable law, regulation, or governmental order.

– Fraud & Misrepresentation: Engage in deceptive, fraudulent, or misleading practices.

– Intellectual Property Violations: Infringe or misappropriate the intellectual property or proprietary rights of others.

– Network Abuse: Interfere with, disrupt, or disable the Services or any network, host, or user.

– Malicious Code: Upload or transmit malware, viruses, worms, Trojan horses, spyware, or similar code.

– Unauthorized Access: Attempt to probe, scan, test, or gain unauthorized access to the Services, systems, or networks.

– Resale: Resell or provide Services to third parties without Company’s prior written consent, except as expressly permitted.

3. Messaging, Voice, and Communications Compliance

3.1 TCPA & CTIA Compliance. All use of messaging, SMS/MMS, or calling features must comply with the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and all applicable carrier rules.

3.2 Consent & Opt-Out. Customer must obtain valid, documented consent from recipients before sending communications and must honor STOP and HELP keywords immediately.

3.3 A2P 10DLC & TCR Registration. Customer must maintain accurate brand and campaign registrations, content descriptions, and use cases in accordance with A2P 10DLC/TCR requirements.

3.4 Prohibited Messaging Content. Customer shall not send or facilitate transmission of:

   – Unsolicited marketing (“spam”);

   – Deceptive or fraudulent messages;

   – Obscene, defamatory, threatening, or harassing content;

   – Illegal products/services (including but not limited to drugs, firearms, or gambling where prohibited).

3.5 Rates & Fees. Customer is responsible for all pass-through carrier fees, fines, surcharges, or penalties related to messaging or communications use.

4. Security Obligations

– Customer shall implement reasonable security controls to protect access credentials and prevent unauthorized use of the Services.

– Customer shall promptly notify Company of any suspected breach of security or unauthorized use of its account.

5. Suspension and Enforcement

5.1 Company may suspend or terminate Services immediately, without liability, if Customer violates this AUP, applicable law, or carrier regulations.

5.2 Company reserves the right to remove any content or block any traffic that, in Company’s reasonable discretion, violates this AUP or poses a risk to Company, its network, or third parties.

5.3 Company will use commercially reasonable efforts to provide notice before suspension when practicable, but reserves the right to act immediately in urgent cases.

6. Updates

Company may modify this AUP from time to time by posting the updated version at [Company URL]. Material changes that reduce Customer’s rights will take effect 30 days after notice. Continued use of the Services constitutes acceptance of the updated AUP.

EcoLink AUP v3.25

Consistency Update

Violations of this AUP may result in immediate suspension or termination under Section 32 of the Terms. Customer remains solely responsible for compliance with all industry-specific regulations, including without limitation insurance, financial services, and telecommunications regulations, consistent with Section 37 of the Terms.