This Acceptable Use Policy (“AUP”) describes actions that VVPUSA/Txtria prohibits when any party uses the VVPUSA/Txtria Services. This AUP is incorporated by reference into and governed by the Terms of Service or other similar written agreement between you (Customer) and VVPUSA/Txtria (the “Agreement”). The Agreement contains definitions of capitalized terms not otherwise defined in this AUP and takes precedence over any conflicting provisions in this AUP.

1. Using the VVPUSA/Txtria Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of VVPUSA/Txtria.

2. Attempting to bypass or break any security mechanism on any of the VVPUSA/ Txtria Services or using the VVPUSA/Txtria Services in any other manner that poses a material security or service risk to VVPUSA/Txtria or any of its other customers.

3. Reverse-engineering the VVPUSA/Txtria Services to find limitations, vulnerabilities, or evade filtering capabilities.

4. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the VVPUSA/Txtria Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the VVPUSA/Txtria Services.

5. Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.

6. Using the VVPUSA/Txtria Services in any manner that causes a telecommunications provider to complain about your use to VVPUSA/Txtria or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications industry guidelines, provider guidelines and any other usage requirements as communicated in writing by VVPUSA/Txtria to you.

7. Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.

8. Using the VVPUSA/Txtria Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.

9. Using the VVPUSA/Txtria Services in a manner that violates the VVPUSA/Txtria Messaging Policy.

10. Using the VVPUSA/Txtria Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.

11. Using the VVPUSA/Txtria Services to engage in, or in connection with fraudulent activity.

12. Using the VVPUSA/Txtria Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with VVPUSA/Txtria or your use of the VVPUSA/Txtria Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.

13. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications

14. Using the VVPUSA/Txtria Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).

15. Using the VVPUSA/Txtria Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of the VVPUSA/Txtria Services to you and/or your phone numbers.

16. Using the VVPUSA/Txtria Services to transmit any material that infringes the intellectual property rights or other rights of third parties including the use of Brand Names, Trademarked Names to mislead or misrepresent to consumers the identity of the sender.

17. Using the VVPUSA/Txtria Services to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that VVPUSA/Txtria reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.

18. Using the VVPUSA/Txtria Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.

19. 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.

20. Having a high volume of unanswered phone calls or phone calls that are too short in duration (i.e., phone calls generally less than twelve (12) seconds in length).

21. Phone numbers released prior to 90 days will have a .10 reclamation fee over 90 days will have a .05 fee applied upon cancellation.