First Orion’s Acceptable Use Policy

Last Updated: July 14, 2023

Version 1.2

The products and services (the “Services”) provided by First Orion Corp. and its affiliates (“First Orion”) to any party (“Customer”) are subject to this Acceptable Use Policy (“AUP”).

In the event First Orion determines, in its reasonable, but sole, discretion, that a Customer violates this AUP, First Orion may suspend or terminate that Customer’s use of all or any part of the Services. This AUP may be updated by First Orion from time to time upon reasonable notice, which may be provided to Customer at the contact information provided by Customer to First Orion or by posting an updated version of this AUP at https://firstorion.com/acceptable-use-policy/

1. Unacceptable Uses. The Services may not be used:

1. to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public.
2. to engage in or encourage any activity that is illegal, fraudulent, misleading, deceptive (or likely to mislead or deceive), harmful, violates others’ rights, or harmful to the business operations or reputation of First Orion.
3. to engage in any unlawful activities, including without limitation, unlawful unsolicited advertising or marketing, and any other activities that violate laws applicable to advertising, electronic communications, and telemarketing, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. §§ 64.1200 et seq.
4. to attempt to mislead others as to the identity of the origin of a phone call, including failing to comply with the Truth in Caller ID Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. §§ 64.600-1605.
5. in any way which violates laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction (collectively, “Applicable Laws”).
6. to interfere with or otherwise negatively impact any aspect of the Services or any third-party products, services, networks, or platforms that are connected to the Services.
7. to create a false, fraudulent, deceptive, or inaccurate identity or to attempt to mislead others as to the identity of the sender of any communications or content.
8. to store, upload, download, submit, transmit, distribute, or facilitate the distribution of, any information that contains “inappropriate content,” including, but not limited to, content that:
   • may be considered libelous, slanderous, defamatory, threatening, sexually explicit, vulgar, profane, obscene, offensive, abusive, malicious, or otherwise harmful to any person or entity, constitutes or promotes “hate speech,” or is otherwise discriminatory based on race, sex, creed, religion, nationality, disability, sexual orientation, language, or age.
   • contains fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false, or misleading statements, representations, or claims, or false or inaccurate data.
   • contains or transmits viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs, or similar destructive programming routines.
   • promotes, markets, or otherwise facilitates the distribution, use or cultivation of illegal substances or relates to illegal activities or terrorism.
   • infringes on, misappropriates, dilutes, or violates any intellectual property rights or other rights of third parties, including but not limited to trademark, copyright, patent, trade secrets, rights of publicity, and rights of privacy.
   • constitutes or relates to adult, pornographic, sexually explicit, obscene activity or regarding pregnancy protection, STDs, or the treatment of STDs.
   • comprises or promotes alcohol, firearms, or tobacco content, except where appropriate age-gating functionality has been implemented and such content is otherwise legal in the applicable jurisdiction.
   • promotes illegal or risky behavior.
   • targets children under the age of 18.
   • disparages any Distribution Partner or any of its affiliates; or
   • violates any applicable industry standards, policies or guidelines, including those published by the Cellular Telecommunications Industry Association (CTIA) or Mobile Marketing Association.

2. Excluded Content. Content that includes the following categories of data shall not be delivered to First Orion for use with the Services unless Customer has entered into an agreement with First Orion specifically relating to the delivery of such content:

1. Cardholder Data as such term is described in the Payment Card Industry (PCI) Data Security Standard glossary, as amended from time to time.
2. Nonpublic Personal Information as such term is defined by Title V of the GrammLeach-Bliley Act as codified at 15 U.S.C. Section 6801, et seq. as amended, and the regulations promulgated pursuant thereto.
3. Protected Health Information as such term is defined in Section 160.103 of the Health Insurance Portability and Accountability Act of 1996 as codified at 45 C.F.R. Subtitle A, Subchapter C, Part 160 et seq. as amended.

3. Other Prohibitions. In addition, a Customer may not engage in any of the following
activities which violate or degrade the integrity of the Services:

1. Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
2. Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.
3. Any denial of service (DoS) attack on the Services or any other conduct that
   attempts to disrupt, disable, or overload the Services.
4. Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Services.
5. Attempting to gain unauthorized access to the Services.
6. Reverse engineering, copying, disassembling, or decompiling the Services.

Customer agrees to promptly report any violation of this AUP to First Orion to privacy@firstorion.com. Customer will cooperate with First Orion in the investigation and/or remedy that violation.