Common use of In relation to Software Clause in Contracts

In relation to Software. You may use our Services only for lawful purposes in compliance with (i) all Applicable Laws; (ii) all applicable licences and authorisations required to be held by you or us; and (iii) all directives of competent authorities and applicable codes of conduct applicable in any country where the services are provided and/or to or from which messages are sent (including without limitation the Mobile Marketing Association Code, Ofcom, the CAP Code and Phone-paid Services Authority (PSA) concerning premium rate services). In your use of our Services, you shall not: act maliciously or upload or transmit any material that is false, misleading or likely to mislead or deceive, defamatory, trade libellous, sexually suggestive or explicit, indecent, obscene, offensive, harmful to minors, coercive, hateful, inflammatory, unlawfully threatening, unlawfully discriminatory or unlawfully harassing or which are excessive in quantity or transmission of which could diminish or harm our reputation or that of any Network Operator; infringe the rights (including Intellectual Property Rights, other proprietary rights or rights of publicity or privacy) of us or of a third party; act or promote any action that is criminal, unlawful or fraudulent or do anything that has a criminal, unlawful or fraudulent effect; violate any Applicable Laws including without limitation those regarding unfair competition, anti- discrimination or false advertising; transmit any junk mail, chain letters or unsolicited or unauthorised advertising or promotional materials or other similar form of solicitation (spam) or to harvest or collect information about others without their consent (phishing) or conduct social engineering activities; launch denial of service attacks or engage in mail bombing or flooding or transmit or disseminate any signal or impulse that could cause electrical, magnetic, optical or other technical harm to our equipment and facilities of those of any third party; knowingly or negligently upload, transmit or disseminate any viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, cancel bots or other malware or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or appropriate any system, data or personal information; collect, harvest or mine any information or data from any Service, our systems or other networks or systems connected to our systems or attempt to decipher any transmissions to or from the servers running any Service; access any part of the Services to which you do not have access rights or use any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or in a manner that is in any way prejudicial to the image of Boomerang and/or the Services; launch, promote or operate any illegal or unlicensed prize draws, lotteries or betting or gaming activities; or create a false identity of forged speed mail, mobile phone address or header or misrepresent or attempt to mislead others as to the identity of the sender or origin of the message. Where the Services are used to send Messages for marketing, solicitation or promotional purposes you must: Ensure you have valid current opt-in consent from each End User as required by Applicable Laws in the country or territory where such End User is located and verify Contact Details against any preference service operating in the destination country or territory; Ensure that each Message identifies you as the sender and includes contact details; Provide End Users with an easy method of opting-out of the receipt of Messages (which shall be at standard and not premium rate charges), implement all out-out requests promptly (and in any event no later than two (2) calendar days following their receipt) and record such opt-out requests using suppression. We may require proof that you have opt-in consents and/or proof that opt-out requests are being processed and honoured as required above. We may also investigate and/or suspend Services to you if we consider that the number of opt-out requests received in respect of any Numbers allocated to your account is excessive. Upon our request, you agree to cooperate with us in identifying the source of and/or reasons for the excessive opt-out rate. For purposes of this section, your cooperation includes, but is not limited to, providing us with proof of opt-ins and sharing content of sample Messages sent to End Users (by you or an Authorised User). We may terminate any Contract with you with immediate effect and/or withdraw your use of the Services without further notice to you if we cannot determine the cause of the excessive rate, or if the cause is or appears to be due to conduct in breach of this FAUP or otherwise a breach of our Agreement. We may, in our sole discretion, allow you to continue using our Services should you make suitable changes such that the opt-out rate is not excessive. We may (but are not obliged to) monitor your use of our Services with regard to messaging behaviour and content for operational purposes.