Updated July 23, 2018
OPT-IN ONLY and SPAM PREVENTION POLICY
Not Your Typical Yada-Yada. You Must Read And Agree Before Using.
Text Messaging Spam & Slybroadcasting Spam... Profit Hacking Solutions, LLC is determined to keep it off of the mobile phone.
Our Clients certify that they will not use SMSConversations.com, SlyBroadcast, or any other service offered by us to send unsolicited text messages, notifications, alerts, voice messages, commercial emails, or any other unsolicited communications (collectively “Spam”) to its customers, prospects, or subscribers unless they have expressly consented (“opted-in”) to receive them. The SMSConversations.com text messaging / SlyBroacasting system allows only verified opt-in subscriptions. However, it is our Client’s responsibility to ensure that any and all legally required disclosures are provided to their customers and prospects at the time and in the manner required by applicable law. The system also ensures that all subscribers can opt-out quickly, easily, and permanently from unwanted Short Message Service (“SMS”) communications by simply replying “STOP” to any text message. However, the responsibility for ensuring compliance with any obligation to refrain from sending messages to such numbers rests with our Clients. Profit Hacking Solutions, LLC, its owners, directors, officers, employees, representatives, successors, and assigns, shall not be liable for blocking or for any failure to block messages to such phone numbers.
Our Definition of Spam:
We consider any unsolicited, unexpected, or unwanted message or communication to be Spam. We believe that any type of communication sent to a subscriber about an unrelated subject, that the subscriber did not request or consent to receive, to be Spam.
This Opt-In and Spam Prevention Policy (“Policy”) is incorporated in and made a part of our Terms and Conditions Agreement (found at the following link: https://bustoutthebigguns.com/disclosures#section-1852710000-158-174); Client agrees to be bound by both this Policy and our Terms and Conditions.
Our Clients specifically agree not to use SMSConversations.com to send unsolicited text messages, SlyBroadcasts or any other Spam unless the recipient has opted-in to receive messages from the Client in the manner required by applicable law. For any opt-in list of phone numbers or email addresses (if applicable) used in our system, Clients agree to provide us the method used for receipt of opt-in, and details surrounding the process used and whatever other information relates to the transaction or sign-up process used. This includes, without limitation, date and time of sign-up, IP address of sign-up, website signed up from, disclosures provided in connection with the sign-up, manner of obtaining agreement, and whatever other information the Client asked of the recipient at the point of sign-up.
Our Clients specifically agree that they will not use rented, traded, or purchased lists (collectively, “third-party lists”), even if such third-party lists have obtained all necessary consents. Client also agrees not to use email appended lists or any other list that contains addresses/phone numbers obtained without express consent when using our system. The use of opt-out lists is prohibited in our system. We retain the right to review client lists and emails/text messages to verify that Clients are abiding by the policies set forth herein. Our clients are required to comply with our policies and all applicable laws.
Reporting and Stopping Unwanted Messages as Spam:
We follow an ANTI-SPAM policy for all communications protocols sent through SMSConversations.com. This means that we do not condone UNSOLICITED TEXT MESSAGES; NOTIFICATIONS; ALERTS; OR ANY MESSAGES THAT YOU MAY RECEIVE FROM SOMEONE WHO SHOULD NOT HAVE YOUR MOBILE NUMBER. Please let us know about any abuse, including the sender ID, your Mobile Number (to be removed); the date and time you received it and the content of the message. To report any abuse or violations of inappropriate use of our service, please contact Support@SMSConversations.com with your comments/complaints. Your report will be registered and the Client will be investigated for violations of our Anti-Spam Policy. The identity of any individual reporting abuse will be kept confidential.
If you wish to unsubscribe or no longer receive text messages and/or other SMS communications sent by a Client through our system, simply reply “STOP” to the text message or follow the instructions provided by the sender within the message. If that does not work, please let us know at Support@SMSConversations.com.
Anti-Spam Policy Enforcement:
All Text Messages sent using SMSConversations.com can be tracked and so removed from the sender list. We support “STOP” requests; Clients have the ability to remove mobile numbers. If we suspect a violation of our Anti-Spam policy or applicable law or regulation, we will contact the Client and discuss the Client options, which may, at our sole discretion, range from a warning, to termination of service for that Client. In any such event, Client will indemnify, defend, and hold Profit Hacking Solutions, LLC, its owners, directors, officers, employees, representatives, successors, and assigns, harmless for and against any third party or governmental agency for any liability, penalties and other sanctions for legal non-compliance associated therewith.
It is Client’s responsibility to adhere to ALL state and federal laws, rules, and regulations regarding sending unsolicited bulk / group text messages, SlyBroadcasts / Dials, outbound calls, commercial solicitations, and/or delivering pre-recorded telephonic messages to homes, mobile numbers, or businesses without prior express consent, including, without limitation, the Federal Trade Commission’s Telemarketing Sales Rule, the Federal Communication Commission’s Telephone Consumer Protection Act Rule, and state and local telemarketing and consumer protection laws, as they may be enacted, amended, and/or updated from time to time. Under these laws and regulations, Client’s use of the services hereunder may be restricted. These restrictions can include, but are not limited to, placing “abandoned” calls; the frequency, days, and/or time of day in which your outbound calls can be placed; use of prerecorded or artificial telephone messages; use of auto-dialers to call cellular telephone numbers; use of Automatic, Power, or Predictive Dialers; and the display of caller ID information. Client agrees to provide persons that Client contacts with all disclosures required by law, including those required at the outset of a telemarketing call, prior to a consumer purchase or payment, or in conjunction with lead generation services offered by Client. A violation of any of these laws or regulations may result in significant penalties and other sanctions. BECAUSE TELEMARKETING AND SOLICITATION LAWS AND REGULATIONS ARE COMPLEX AND MAY CHANGE FROM TIME TO TIME, CLIENT IS STRONGLY ADVISED TO SEEK THE ADVICE OF AN ATTORNEY REGARDING OUTBOUND TELEMARKETING AND SOLICITATION CALLS AND MESSAGES AND/OR USE OF AUTOMATED TELEPHONIC EQUIPMENT PRIOR TO USING OUR SERVICES FOR TELEMARKETING OR SOLICITATION PURPOSES. In no event shall Profit Hacking Solutions, LLC, or its owners, directors, officers, employees, representatives, successors, or assigns, be liable for Client’s failure to comply with all such applicable laws and regulations. Client will indemnify, defend, and hold Profit Hacking Solutions, LLC, and its owners, directors, officers, employees, representatives, successors, and assigns harmless from and against any and all liabilities, claims, complaints, cost (including attorneys’ fees) and expenses arising out of Client’s failure to comply with these or any other applicable laws and regulations.
All Do Not Call (“DNC”) lists must be maintained in Client’s own internal database. If Client is advised by any customer or prospect that they do not wish to receive communications from Client or the services provided hereunder, then Client will promptly add those customers or prospects to Client’s company-specific DNC list and will ensure such list is integrated with any software used in connection with the services provided hereunder, and thereafter refrain from calling, texting, or otherwise communicating with such parties. If we determine, in our sole discretion, that the receipt of communications via the services provided by our system is not consensual, or violates any federal, state and/or local rule and regulation, or is harassing to consumers or businesses, we may suspend services until DNC Compliance is met or terminate Client’s services.
With regard to Client’s use of SMSConversion.com / SlyBroadcast, Client accepts sole responsibility for understanding and complying with any and all applicable laws and regulations concerning the collection, storage, retention, protection, use, disclosure, and dissemination of personal, protected, or private information of individuals, including, without limitation, general data protection laws, such as the General Data Protection Regulation (“GDPR”). This is not an exhaustive list of all potential applicable privacy laws and regulations and Client remains responsible for ensuring Client’s compliance with any and all applicable privacy laws and regulations. Client will indemnify, defend, and hold Profit Hacking Solutions, LLC, its owners, directors, officers, employees, representatives, successors, and assigns, harmless from any and all liabilities, claims, complaints, cost (including attorneys’ fees) and expenses arising out of Client’s failure to comply with applicable privacy laws and regulations in connection with use of our system.
When in doubt, DON’T SEND IT OUT.