The following activity is prohibited for any user of FitHive SMS/text, and may result in the suspension or termination of the member's subscription, at the sole disgretion of FitHive management:
-Using the FitHive Services for any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of FitHive.
-Attempting to bypass or break any security mechanism on any of the FitHive Services or using the FitHive Services in any other manner that poses a material security or service risk to FitHive or any of its other customers.
-Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the FitHive Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the FitHive Services.
-Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
-Using the FitHive Services in any manner that causes a telecommunications provider to complain about your use to FitHive 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 provider guidelines and usage requirements as communicated in writing by FitHive to you.
-Anti-SPAM Agreement - 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.
-Using the FitHive Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS messages, video.
-Using the FitHive Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
-Using the FitHive Services to engage in, or in connection with fraudulent activity.
-Reverse-engineering the FitHive Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
-Using the FitHive 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 FitHive or your use of the FitHive Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
-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.
-Using the FitHive Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of the FitHive Services to you and/or your phone numbers.
-Using the FitHive Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
-Using the FitHive 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 FitHive 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.
-Using the FitHive Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.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.
It is a violation of our SMS/text Policy to use our services in a way that produces complaints from our telecommunications providers or law enforcement, government, or regulatory agencies.
-Phone Number Reclamation - All phone numbers are subject to rules and restrictions imposed by telecommunications providers. In order to comply with such rules and restrictions, FitHive may, at its sole discretion, reclaim your phone numbers that do not have adequate usage, as determined by such telecommunications providers. FitHive, however, will use commercially reasonable efforts to (a) provide notice to you prior to any phone number reclamation and (b) to work with telecommunications providers to prevent the reclamation of any phone numbers.
Please refer to FitHive's SMS/Text Fees and Terms of Use for additional information.
