Acceptable Use Policy
Acceptable Use Policy
This Acceptable Use Policy (the "Policy") sets out the rules that apply to communications sent through the text messaging program operated by Rock Solid Drains ("Rock Solid Drains," "we," "us," or "our"). The examples described in this Policy are not exhaustive.
We may suspend, terminate, or take other interim action regarding your participation in our messaging program if, in our sole judgment, we believe you, directly or indirectly, violated this Policy or authorized or helped others to do so.
We may modify this Policy from time to time by posting a revised version on our website. By participating in our messaging program, you agree to the latest version of this Policy.
General Policies and Requirements
We all expect that the messages and communications we want to send and receive will reach the intended recipients, unhindered by filtering or other blockers. An important step toward making that expectation a reality is preventing unwanted communications by only sending messages that comply with applicable laws and communications-industry guidelines and standards. To that end, all communications originating from our text messaging program (including but not limited to SMS, MMS, webchat, voice, and similar messaging channels) are subject to, and must comply with, this Policy, which sets out rules and prohibitions regarding consent ("opt-in"), revocation of consent ("opt-out"), sender identification, messaging usage, prohibited content, filtering evasion, and enforcement.
Consent Requirements
Standard Consent Requirements. Prior to sending the first message to an individual, you must obtain the message recipient’s agreement to communicate with them. This is referred to as "consent." You must make clear to the individual that they are agreeing to receive messages of the type you are going to send.
- You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow or otherwise provided consent. This record of consent must be retained as set forth by local regulations or best practices after the end user opts out of receiving messages.
- If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then you will need to reconfirm consent in the first message you send to that recipient.
- The consent applies only to you, and to the specific use that the recipient has consented to. Consent cannot be bought, sold, or exchanged. For example, you cannot obtain the consent of message recipients by purchasing a phone list from another party. You also cannot treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses for which you have not received consent.
Alternative Consent Requirements. While consent is always required and the requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.
- Contact initiated by an individual. If an individual sends a message to you, you may respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent. The consent is limited only to that particular conversation. Unless you obtain additional consent, do not send messages that are outside that conversation.
- Informational content based on a prior relationship. You may send a message to an individual where you have a prior relationship, provided that individual gave their phone number to you, has taken some action to trigger the potential communication, and has not opted out or otherwise expressed a preference not to receive messages from you. Actions can include a button press, alert setup, appointment, or order placement. Examples of acceptable messages include appointment reminders, receipts, one-time passwords, order or reservation confirmations, and service-call time confirmations. The message cannot attempt to promote a product, convince someone to buy something, or advocate for a social cause.
Periodic Messages and Ongoing Consent. If you intend to send messages to a recipient on an ongoing basis, you should confirm the recipient’s consent by offering a clear reminder of how to unsubscribe using standard opt-out language. You must also respect the recipient’s preferences regarding frequency of contact, and proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.
Identifying Yourself as the Sender
Every message you send must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.
Opt-Out
The initial message that you send to an individual must include the language "Reply STOP to unsubscribe," or the equivalent using another standard opt-out keyword such as STOP, STOPALL, UNSUBSCRIBE, or QUIT.
Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.
Prohibited Content
You agree that you will not use our messaging program, or encourage, promote, facilitate, or instruct others to use it, to send messages that contain, offer, promote, reference, or link to any information or content related to any of the following:
- Solicitations or Advertising. Any messages, communications, promotions, advertising, or solicitations (such as "spam"), including commercial advertising and informational announcements, that are unsolicited or for which you do not have proper consent from the intended recipient.
- Illegal, Harmful, or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations, or our reputation, including but not limited to offering, promoting, disseminating, or facilitating: child sexual abuse material or other sexually exploitative content; fraudulent goods, services, schemes, or promotions; make-money-fast or "get-rich-quick" schemes (including work-from-home programs, risk investment opportunities, and ponzi or pyramid schemes); high-risk financial services (including payday loans, short-term high-interest loans, third-party auto or mortgage loans, student loans, or cryptocurrency); third-party lead generation services (such as companies that buy, sell, or share consumer information); debt collection or forgiveness services (including third-party debt collection, debt consolidation, debt reduction, or credit repair programs); illegal or regulated substances (including, but not limited to, cannabis, CBD, or offers for or payment transactions relating to prescription drugs that cannot be sold over the counter); gambling; "SHAFT" use cases (Sex, Hate, Alcohol, Firearms, Tobacco, including vaping-related activities); and phishing or pharming.
- Infringing Content. Content that infringes on or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content. Content that is harassing, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
- Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, or otherwise effect a security breach, including viruses, Trojan horses, worms, time bombs, or cancelbots.
- Evasive Content. Content that is designed to intentionally evade filters, detection, or monitoring.
Message Abuse; Falsification of Identity or Origin
You will not send messages using spam bots or other similar systems, alter or obscure message headers, provide false identification, or assume a sender’s identity without the sender’s explicit permission. You will also not create a false identity or attempt to mislead others as to the identity of the sender or the origin of any data or communications.
Evasion
You may not use our messaging program to evade our (including our subcontractors’) or a telecommunications provider’s unwanted-messaging detection and prevention mechanisms. Examples of prohibited practices include:
- Content designed to evade detection. We do not allow content that has been specifically designed to evade detection by unwanted-messaging detection and prevention mechanisms. This includes intentionally misspelled words or non-standard opt-out phrases created with the intent to evade these mechanisms.
- Snowshoeing. We do not permit snowshoeing, defined as spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted-messaging detection and prevention mechanisms.
- Shared public URL shorteners. Where a URL shortener is used, you should not use links shortened with shared public URL shorteners such as Bitly or TinyURL. If you want to include shortened URLs in your messages, we recommend using a dedicated short domain.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to monitor content sent through our messaging program and to investigate any violations of this Policy or misuse of the program. We may remove or disable access for any user, content, or resource that violates this Policy or any other agreement we have with you. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and such reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other third parties to help with the investigation and prosecution of illegal conduct.
Reporting Violations
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.
Contact Us
If you have questions about this Acceptable Use Policy, please contact us by telephone at (707) 889-8191 or by mail at 468 Yolanda Ave, Ste 301, Santa Rosa, CA 95404.