Acceptable Use Policy

This Acceptable Use Policy (“AUP”) defines the acceptable use and actions that Gyst prohibits when you or your company uses its website and/or services (the “Services”).

You acknowledge and agree that this policy may be revised from time to time by Gyst at its sole discretion, with any such modifications effective when the revised Acceptable Use Policy is posted here. It is Your responsibility to review this Acceptable Use Policy frequently and remain informed about any changes to it, so we encourage You to visit this page often. This Acceptable Use Policy is governed by our Terms of Service, and all undefined terms herein shall be as defined in the Terms of Service.

You agree to ensure that the Services will not be used in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations.

Without limiting the foregoing, you agree not to permit the Services to be used to transmit or disseminate any:  material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers; material or data, that is illegal, or material or data, as determined by Gyst (in Gyst’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Gyst or any third-party service provider involved in the provision of the Services; material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; material or information that is false, misleading, or inaccurate; material that would expose Gyst, any third-party service provider involved in providing the Services, or any other third party to liability; and/or any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Gyst or any third party.

Below is a list of actions that we explicitly prohibit the use of. This list is provided by way of example and shall not be considered exhaustive. Any use not covered here is not to be assumed to be acceptable.

Actions that restrict or inhibit any person, whether a customer of Gyst or otherwise, in its use of products and services that leverage Gyst resources is prohibited.

You may not reverse engineer of any product or service provided by Gyst.

Exploitation of known bugs or limitations in any of the services deployed on your behalf to circumvent billing or impact the system in a way that violates any other requirements listed in the AUP is prohibited.

Use of undocumented features and methods is strictly at your own risk. Any claims, support issues or AUP violations resulting from such use will be at your expense.

You may not deploy applications or services that contain infinite loops.

Executing any program or process that will intercept data not intended for your application or service is prohibited.

Introduction of malicious programs into the network or systems (e.g., viruses and worms) is prohibited.

Effecting security breaches or disruptions of the Services is prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or accessing a server or account that you are not expressly authorized to access. For purposes of this point, “disruption” includes, but is not limited to, war dialing, flood pings, packet spoofing, and forged telephony information.

Circumventing user authentication or security of any host, network or account is prohibited.

Interfering with or denying service to any user, system or service is prohibited.

Using any program/script/command, or sending messages of any kind, designed to interfere with a user’s session, service or application is prohibited.

Furnishing false or incorrect data on the Gyst required documentation including account setup or other applicable agreements and Gyst documents is prohibited.

Attempting to circumvent or alter the processes or systems that measure time, bandwidth utilization, or other methods for calculating Your use of Gyst’s products and services is prohibited.

You may not send unsolicited messages, including mass calling “War Dialing”, or the distribution through Gyst’s systems of other advertising material to individuals who did not specifically request such material “Phone spam.”

Any activities that violate anti-spamming laws and regulations such as the CAN SPAM Act of 2003 and the Do-Not-Call Implementation Act is prohibited.

Harassment, whether through language, frequency or size of messages is prohibited.

Unauthorized use, or forging, of identity information is prohibited.

Using Gyst or your account to collect replies to messages sent from another provider, which violate the AUP rules or those of that provider is prohibited.

You may not use any of the Gyst Properties other than as expressly permitted in the Terms of Service.

Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.

Offering any Emergency Services to users. “Emergency Services” shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.

Promoting or engaging in illegal activities.

Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.

Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.
Interfering with or disrupting networks connected to the Services or violating the regulations, policies or procedures of such networks.

Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephony network.

Violation of this AUP may result in the immediate suspension or termination of Your account, civil and/or criminal liability, and Gyst may, in addition to any remedy that it may have at law or in equity, terminate permission for You to use the Services. In such event, You are still liable for any and all outstanding charges accumulated through Your use of the Services, including uses in violation of this AUP or the laws of any jurisdiction. In addition, Gyst may investigate incidents that are contrary to this AUP and provide requested information to third parties who have provided notice to Gyst stating that they have been harmed by Your failure to abide by this AUP. Gyst’s failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of Gyst’s rights hereunder.

You shall not access any Services that you have not ordered or for which you have not paid the applicable fees. You will not use or attempt to use a third party’s account with Gyst, or interfere with the security of, or otherwise abuse, the Services or other Gyst customers. You shall not interfere in any manner with Gyst’s provision of the Services.