AT&T Messages Backup & Sync Service Terms
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By activating, accessing or using the AT&T Messages Backup and Sync Service (hereinafter referred to as the “Service”) in any way you are agreeing to comply with these Terms of Service, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms"). “You” or “Your” refer to you, an individual, and/or to the company on whose behalf you accept these Terms. AT&T reserves the right in its sole discretion to modify these Terms from time to time. AT&T will provide You notice of any such modifications. Your continued use of the Service following such notice shall be considered Your agreement to comply with such modifications. If You do not agree to any modifications to these Terms, Your sole remedy is to discontinue use of the Service.
1. If you are a consumer or individual responsibility user with an AT&T wireless account, Your use of the Service is subject to the applicable AT&T Wireless Customer Agreement www.att.com/shop/en/legalterms.html?toskey=wirelessCustomerAgreement as amended from time to time, that governs Your wireless service with AT&T, which is hereby incorporated by reference including without limitation the arbitration clause contained therein. If you are a corporate responsibility user of AT&T wireless services, Your use of the Service is subject to the terms of Your applicable business agreement, which is hereby incorporated by reference.
3. Message Backup and Storage: By activating the Service, all text messages, picture messages, video messages or messages with attachments such as contact information or calendar invitation (hereinafter referred to as “Message/s”) You send or receive using Your mobile phone number will be copied and stored on Your behalf by the Service in Your Messages cloud storage. AT&T is not obligated to store Messages, and/or other information maintained or transmitted through the Service. You agree that AT&T, its licensors, and suppliers have no responsibility or liability whatsoever for the deletion or failure to store any Messages, or other information maintained or transmitted through the Service.
You acknowledge that even when You delete Messages, the Service may retain such Messages and could produce them if required by law, court order, subpoena, or other lawful process. You acknowledge, consent and agree that AT&T may access, preserve and disclose Your Messages, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any Message violates the rights of third parties; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of AT&T, its users and the public.
If a company or other entity has financial responsibility for Your wireless account, for example where a company or entity or other family member is responsible for paying for Your wireless charges or is otherwise liable for Your wireless charges, You authorize us to share Your account information and any stored content within the Service with the responsible party or its authorized agents.
4. Charges and Storage Limits: The Service is provided at no additional charge. AT&T reserves the right to delete Messages and establish (1) limits as to how many Messages can be stored, (2) how long such Messages will be stored, and (3) charges for storing such Messages. AT&T further reserves the right to establish limits on periods of inactivity that may result in the termination of Your Messages cloud storage and deletion of any stored Messages. If Your Messages cloud storage is terminated due to inactivity Your messages will remain on Your smartphone until You delete them. If AT&T elects to charge for the Service, AT&T will notify You prior to implementing such charges. Your continued use of the Service after such limits are established or after AT&T notifies You of such charges, constitutes Your consent to be bound by those limits or charges. If You do not consent to such limits or such charges, Your only remedy is to terminate Your use of the Service, notwithstanding any provision of these Terms or any other applicable agreement between You and AT&T.
5. Message Sync: If the Service is activated on Your smartphone, Messages on your smartphone prior to activating the Service will be copied and stored in Your Messages cloud storage. Messages read or deleted from Your smartphone will synchronize to Your Messages cloud storage. Messages sent, read or deleted from Your tablet or the web at messages.att.net or other applications that You authorize will synchronize to Your smartphone. Messages deleted from the Service due to any Storage Limits may be deleted from Your smartphone. Data rates consistent with Your Wireless Customer Agreement www.att.com/shop/en/legalterms.html?toskey=wirelessCustomerAgreement and applicable data plan apply for Message Sync.
6. Message Rates: You will be charged message rates consistent with Your Wireless Customer Agreement www.att.com/shop/en/legalterms.html?toskey=wirelessCustomerAgreement and applicable rate plan for any Message that You send or receive through the Service. Messages will be charged when sent or received through the Service, whether read or unread, solicited or unsolicited. AT&T does not guarantee delivery of said Messages.
7. AT&T Address Book: If You use the Service on the web at messages.att.net to read, send or receive messages You will be set up with an account for AT&T Address Book and You will be subject to its terms. The current AT&T Address Book terms are found at www.att.com/messagesterms.
8. Authorized Applications: If the Service is activated by an application that You authorize, all Messages You send or receive will be stored and copied to the Service. In addition, when You use the service through an application on Your device, Messages will be copied to and stored in the Service. Please realize that uninstalling the application from Your Device will not stop the copying and storage of your Messages in the Service nor will uninstalling the application delete Messages that have been copied to and stored in the Service.
If you delete or stop using an application that You have authorized to store, view or retrieve Your Messages through the Service and choose to continue using the Service for other applications, You must revoke the permission granted to the application to ensure that it no longer has access to Your Messages. You can revoke an application’s permission through the AT&T consent management tool at https://auth-api.att.com/consent/consent.
9. Cancellation: Once You have activated the Service all Messages You send or receive using Your mobile phone number will be copied and stored by the Service until You cancel and remove the Service. To remove the Service You can:
- Login to www.att.com/mywireless
- From Manage Account, click Add or change service
- Go to the Web, Text & More section
- From Web Messaging, remove AT&T Messages Backup & Sync
Or You can call AT&T Customer Care at 1-800-331-0500 or 611 from Your mobile device.
Once You remove the Service, all applications that have access to Your Messages will no longer have the ability to store, view or retrieve Messages on Your behalf.
10. Restrictions: You agree that You will not, at any time, use the Service for any illegal, fraudulent, improper or abusive purpose or in any way which interferes with AT&T’s ability to provide services to other customers, that prevents or restricts other customers from using the Service, denigrates or interferes with AT&T’s or another carrier’s network, or damages any AT&T or other customer’s property. Prohibited uses include, but are not limited to: 1) Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy; 2) Sending unsolicited, bulk, or spam Messages; 3) Violating do not call or automatic dialing laws and regulations; 4) Misrepresenting or spoofing Your identity; or 5) Using the service in any manner that violates federal and/or state laws and regulations. Your use of the Service must also comply with AT&T’s Acceptable Use Policy (AUP), which is set forth at: www.att.com/aup, and all applicable laws and regulations.
11. Suspension and Termination: You understand and agree that AT&T, its licensors, or its suppliers may at any time, and without additional notice to You, temporarily or permanently terminate, modify, limit, suspend, disconnect, discontinue, deny or block access to some or all of the features of the Service if AT&T determines that 1) Your use of the Service violates or has at any time violated these Terms or any other applicable agreement between You and AT&T; 2) Your use of the Service violates or has at any time violated any applicable law or regulation; 3) such action is necessary to maintain or improve the Service to prevent fraud or misrepresentation by affirmative acts and/or omissions, or to protect other users or third parties; or 4) You have performed any act or omission which is harmful or likely to be harmful to AT&T or to any third party, including other users or licensors or suppliers of AT&T. When You remove the Service, AT&T reserves the right to immediately delete Your stored Messages without further notice to You. Deleted Messages cannot be recovered. AT&T will not be liable to You for any modification, suspension, or discontinuation of Messages, or the deletion or loss of any Messages.
12. Confidential and Sensitive Information: You should delete confidential or proprietary information of any kind, such as trade secrets, attorney client information, business records and plans, or sensitive personal information such as financial records, credit information, social security or other identifying information from the Service on the web. You are responsible for the security of the Your information stored in the Service. AT&T is not liable for any unauthorized use of Your information or for any damage or loss that You may suffer as a result of any unauthorized use of Your information.
13. DISCLAIMER OF WARRANTY. THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS BORN BY YOU. SHOULD THE SERVICE PROVE DEFECTIVE OR INACCURATE, AS THE CASE MAY BE, YOU (AND NOT AT&T OR ITS AFFILIATES OR SUPPLIERS) ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS, IF ANY, IMPLEMENTED BY THE SERVICE HAVE INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT IT SUFFICIENTLY MEETS YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AT&T, ITS AFFILITES, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AT&T WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
15. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIM, PROCEEDING, LOSS, DAMAGE, FINE, PENALTY, INTEREST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, FEES FOR ATTORNEYS AND OTHER PROFESSIONAL ADVISORS) ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (I) YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY MESSAGES, INFORMATION AND CONTENT THAT YOU TRANSMIT, RECEIVE, STORE, DISPLAY OR ACCESS THROUGH OR USING THE SERVICE; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF LAW; (IV) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (V) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. YOU WILL PROMPTLY NOTIFY AT&T IN WRITING OF ANY THIRD-PARTY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICE. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.
16. HIPAA. You are not authorized to use the Service to store Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”) and AT&T specifically disclaims any responsibility or obligation to act as a Business Associate under HIPAA.
17. AT&T Marks. You acknowledge and agree that the AT&T company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from AT&T (the “AT&T Marks”). You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, which may be withheld for any or no reason. This provision survives termination of Your use of the Service.
18. Copyright Complaints. AT&T respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Service in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T’s Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A specific description of where the material that You claim is infringing is located on the sites;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
AT&T’s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:
Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: email@example.com
For more information about AT&T’s copyright protection practices under the DMCA and for information on how to contact AT&T’s DMCA agent, please refer to www.att.net/legal/copyright.
19. Technology Enhancements. AT&T may enhance, upgrade, improve or modify the technologies that underlie the Service without providing You notice of such enhancements, upgrades, improvements or modifications (“Technology Enhancement”). You acknowledge that AT&T has no express or implied obligation to announce or make available any Technology Enhancement in the future. Should a Technology Enhancement be made available, it may contain features, services or functionality that are different from those currently provided and You acknowledge and agree AT&T shall not liable to You if AT&T discontinues providing a feature, service or functionality previously provided.