1.
MESSAGE CONTENTS AND ANTI SPAMMING
POLICY
1.1
CLIENT will be solely responsible for
any legal liability arising out of or relating to the CLIENT Content and CLIENT
Services (whether transmitted on its own or on any Third Party’s behalf). If
GMT is notified or otherwise becomes aware of CLIENT Content which violates the
requirements of this Agreement, GMT may (but shall not be required to)
investigate the allegation and determine, in its sole discretion, whether to
remove or to request removal of such CLIENT Content from the CLIENT Services.
If CLIENT refuses such request, GMT may (but shall not be required to), in its
sole discretion immediately block CLIENT Content, suspend CLIENT Services, or
terminate this Agreement. GMT shall not be liable for any damages incurred by
CLIENT because of any such action.
1.2
CLIENT will ensure that it’s
collection, access, use and disclosure of End-user information shall comply
with all application foreign, federal, state, and local laws, rules and
regulations as they may be amended from time to time, laws governing marketing
by telephone, direct mail, obligations hereunder and make available the CLIENT Services
in such a manner as not to cause GMT to be in material violation of any
applicable laws or regulations, including any Privacy Laws. For purposes of its
obligations under this Section 1.2 the acts or omissions of agents,
representatives, contractors, or subcontractors) shall also be deemed the acts
or omissions of CLIENT.
1.3
CLIENT agrees that CLIENT and its
Third Party Providers will not offer or provide CLIENT Services that:
1.3.1
Transmit or allow to be transmitted
any CLIENT Content that violates the requirements of any Service or Network
Operator through which CLIENT Content is transmitted;
1.3.2
Transmit or allow to be transmitted
any CLIENT Content that is false, inaccurate, misleading, unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
invasive of another’s privacy, hateful, or racially, ethnically, or otherwise
objectionable;
1.3.3
Transmit or allow to be transmitted
any CLIENT Content that harms minors in any way;
1.3.4
Transmit or allow to be transmitted
any CLIENT Content that it does not have a right to make available under any
law or under contractual or fiduciary relationships;
1.3.5
Transmit or allow to be transmitted
any CLIENT Content that infringes any patent, trademark, trade secret,
copyright, or other proprietary rights or rights of publicity or privacy of any
party;
1.3.6
Utilize any unsolicited or
unauthorized advertising, promotional materials, “junk mail”, “spam”, or any
other forms of solicitation;
1.3.7
Violate the standards of practice set
forth by the Mobile Marketing Association;
1.3.8
Transmit or utilize any (a) viruses,
worms, Trojan horses, or other code that might disrupt, disable, harm, erase
memory, or otherwise impede the operation, features, or functionality of any
software, firmware, hardware, wireless device, computer system or network, (b)
traps, time bombs, or other code that would permit any third party to interfere
with or surreptitiously access any End-user personal information, or (d)
content that causes disablement or impairment of GMT or Network Operator
services or equipment.
2.
SUSPENSION OF SERVICES
2.1
GMT may – in its sole discretion –
suspend provision of any or all of the GMT Services at any time in the event
that:
2.1.1
GMT is entitled to terminate this
Agreement;
2.1.2
GMT is obliged or advised to comply
with an order, instruction, directive or request of a Government Body or
Network Operator which necessitates that it do so, in the judgment of GMT;
2.1.3
GMT has reason to believe that the
CLIENT is in breach of any of its obligations under this Agreement;
2.1.4
One or more of the Service or Network
Operators upon which the provision of GMT Services hereunder is dependent
suspends its provision of those services to GMT’s client or GMT; or
2.1.5
Any payment due to GMT hereunder is
not paid after the due date for payment.
2.1.6
GMT reserved the rights to
immediately terminate any client’s account without due notice if GMT found that
CLIENT does not comply with the section 1. If such incident happens, there be
will no refund of any unused credits.
3.
GMT SUPPORT, SYSTEM, MAINTENANCE
3.1
GMT will provide the web application
link, username and password required to use the messaging service to the
CLIENT.
3.2
GMT will use commercially reasonable
efforts to make its appropriate technical personnel available to CLIENT to
assist as needed to resolve any network problem within targeted resolution
period.
3.3
All problems reported shall be in
English unless otherwise agreed to in writing by the Parties.
3.4
GMT does not provide service to send
out the messages to the mobile users on behalf of the CLIENT. The end users
will send out the messages via the web applications or web API provided by GMT.
Unless CLIENT has written consent that GMT will provide the service to send
their messages on behalf of the CLIENT which or may not if required to sign a
copy of mutual non-disclosure agreement.
3.5
GMT shall notify CLIENT of scheduled
maintenance of the messaging platforms or Networks. GMT will use commercially
reasonable efforts to notify CLIENT of schedule downtime outside its
maintenance windows.