Important Notice
This Acceptable Use Policy (“AUP”) describes actions that Desert Link LLC and its affiliates, including its FCC-registered services provider, Managed Communications, LLC (collectively, “Desert Link”), prohibit when any party uses its Services.
Agreement and Compliance
By ordering or using Desert Link’s Services, you (the Customer or service recipient) agree to comply with this AUP, all applicable agreements, and all applicable laws and regulations. Each Customer is responsible for reviewing and complying with this AUP. This AUP is not a substitute for legal advice, and Customers are solely responsible for ensuring legal compliance.
Legal Disclaimer: This AUP does not constitute legal advice.
Prohibited Uses
You agree not to use, and not to permit any third party or end user to use, the Services in any unlawful or prohibited manner, including but not limited to the following:
Illegal and Harmful Activities
Using the Services to engage in any activity that is illegal, abusive, fraudulent, deceptive, misleading, or that exploits, harms, or threatens to harm children.
Unsolicited Communications and Legal Violations
Engaging in unsolicited advertising, marketing, or communications, or otherwise violating laws applicable to advertising, electronic communications, or telemarketing, including but not limited to:
- Section 5 of the FTC Act (15 U.S.C. § 45)
- CAN-SPAM Act (15 U.S.C. §§ 7701–7713)
- Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101–6108)
- FTC Telemarketing Sales Rule (16 C.F.R. § 310 et seq.)
- Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227)
- FCC regulations (47 C.F.R. § 64.1200 et seq.)
- Federal and state Do Not Call laws and calling-time restrictions
- Canada: CRTC Unsolicited Telecommunications Rules, including DNCL, ADAD, and Telecom Decision CRTC 2007-48 (as amended)
Industry Standards Compliance
Using the Services in a manner that fails to comply with applicable industry standards, including but not limited to:
- CTIA Messaging Principles and Best Practices
- Short Code Registry Best Practices
- Short Code Monitoring Handbook
Security and Technical Violations
Including, but not limited to:
- Circumventing or disabling security features
- Reverse-engineering the Services for improper purposes
- Conduct that exposes Desert Link or others to liability or harm
- Denial-of-service attacks or service disruption
- Transmission of malware, viruses, trojans, worms, or malicious code
Protected Health Information (HIPAA)
Using the Services to process Protected Health Information (PHI) as defined under HIPAA, unless:
- You have executed a valid Business Associate Agreement (BAA) with Desert Link, or
- Your use qualifies for a HIPAA exception.
Content and Identity Violations
Including:
- Infringement of intellectual property or third-party rights
- Libelous, defamatory, discriminatory, or malicious content
- Falsifying sender identity, caller ID, headers, phone numbers, or origin
- Violations of the Truth in Caller ID Act (47 U.S.C. § 227; 47 C.F.R. § 64.1600)
Policy Administration
Non-Exhaustive List: This AUP is illustrative and not exhaustive. Desert Link retains sole discretion to determine violations.
Policy Updates: Desert Link may modify this AUP at any time. Continued use of the Services after posting constitutes acceptance of the revised AUP.
Enforcement and Violations
If you violate this AUP, Desert Link may:
- Suspend or terminate Services
- Close your account
- Block or prevent message delivery (including ringless voicemail, calls, or SMS)
Desert Link may review communications to investigate violations but does not continuously monitor all activity.
Reporting Violations
To report abuse or violations of this AUP, contact sales@desertlink.org.