Acceptable Use Policy
Esendex

Last Modified: March 8, 2024

Your use of Our Service(s) is subject to this Acceptable Use Policy (“AUP”).  This AUP describes actions that We prohibit when You use Our Services.  This AUP is incorporated by reference into the Master Subscription Agreement (“MSA”) that contains defined terms that are used in this AUP.  If there is any conflict between terms contained in this AUP and the terms in the MSA, the MSA terms will take precedence.  

From time to time, We may modify this AUP with such changes effective upon posting at https://esendex.us/legal.  Your continued use of the Service indicates your acceptance of the changes to this AUP.   You may not use our Service without agreeing to this AUP.  Thus, you agree, and your End Users agree, not to use our Service in any prohibited manner, including, but not limited to: 

  1. Using the Service to send, upload, distribute or disseminate (or permitting Your End Users to do so) any unlawful, libelous, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content. 
  2. Using the Service in a manner that interferes with other users or interferes with our business activities or poses a risk to us or other users. 
  3. Attempting to circumvent or break any security mechanism on the Service or using the Service in a manner that poses a risk to us or other users. 
  4. Using the services to generate or facilitate unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations, the CAN-SPAM ACT of 2003, the Telephone Consumer Protection Act, and Do-Not-Call Implementation Act, or any similar law or regulation governing spam, data protection or privacy legislation in any other jurisdiction.  
  5. Using the Service in connection with any unsolicited or harassing messages, including unsolicited phone calls, SMS or text messages, voice messages, or faxes. 
  6. Using the Service to harvest, collect or data mine information about others, including email addresses, phone numbers or other contact information. 
  7. Use the Service to transmit or receive Protect Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have entered into a separate agreement with us. 
  8. Violating or facilitating the violation of any local, state, federal or foreign law or regulation, including laws and regulations regarding the transmission of data or software. 
  9. Distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items of a destructive or deceptive nature. 
  10. Using the Service to promote or encourage illegal activity, or to engage in fraudulent activity. 
  11. Using the Service in any manner that may subject us, other users, or third parties to liability, damages or danger. 
  12. Modifying adapting, translating or reverse engineering the Service, or attempting to do so to find limitations, vulnerabilities, or to evade filtering capabilities. 
  13. Selling, trading, reselling or otherwise exploiting the Service for any unauthorized commercial purpose.
  14. Using the Service to illegally transmit another’s intellectual property or other proprietary information without the owner’s or licensor’s permission. 
  15. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any message, email or call. 
  16. Using the Service in any manner not authorized by us or that would be in violation of the MSA, or any carrier or aggregator policies and procedures. 

In addition to any remedies or rights we may have in the MSA, we reserve the right, in our sole discretion, to determine if a Service is being used for any of the foregoing purposes or activities. Any violation or attempted violation of the AUP by you or your End Users will constitute a violation of this AUP and a material breach of the MSA.  We reserve the right to investigate incidents that may violate this AUP and provide requested information to third-parties who have provided notice to us that they have been harmed by your use of the Service in violation of this AUP.