AT&T Messages Terms of Service and License Agreement
This Agreement consists of four parts. Part I consists of the Terms governing AT&T Messages whether accessed and utilized from Your mobile phone, tablet, or computer or through a Web User Interface; Part 2 grants You a License to use the AT&T Messages Application on compatible mobile phones and/or tablet devices ("Mobile Devices") and to use the AT&T Notifier application on Your personal computer; Part 3 consists of Terms applicable to AT&T Messages Terms of Service in Part 1 and the License granted in Part 2; and, Part 4 consists of AT&T's Address Book Terms.
AT&T MESSAGES IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE AT&T MESSAGES, THE APPLICATION, THE NOTIFIER, OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. BY CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING, INSTALLING OR USING AT&T MESSAGES, THE APPLICATION, AND/OR THE NOTIFIER, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS OF SERVICE AND LICENSE AGREEMENT.
IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION CLAUSE OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN PART 3, SECTION 5 OF THIS AGREEMENT.
BY CLICKING THE "ACCEPT" BUTTON; USING AT&T MESSAGES; OR DOWNLOADING AND INSTALLING THE APPLICATION AND/OR THE NOTIFIER, YOU ARE AGREEING TO THESE TERMS. These terms are an agreement between You and AT&T Mobility LLC and its affiliates (individually and collectively, "AT&T").
"You" and "Your" refer to you, an individual, and/or to the company on whose behalf you accept these Terms of Service and License Agreement. If You are an individual accepting these Terms of Service and License Agreement on behalf of Your company, You represent and warrant that You have the authority to do so. As used herein, "Application" means the AT&T Messages software application that can be downloaded to Your compatible Mobile Device(s), and includes, without limitation, any services specific to the Application that can be downloaded to Your compatible Mobile Device(s), (excluding, however, Your applicable wireless service plan), as well as software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or the License Agreement in Part 2. As used herein, "Notifier" means the AT&T Notifier software application that can be downloaded to Your personal computer to allow you to use AT&T Messages on Your personal computer via an application (provided that the Notifier is compatible with Your personal computer), and includes any service specific to the Notifier application, software code, scripts, interfaces, graphics, displays, text, images, artwork, documentation and other components or content and any updates, modifications, or enhancements to these items accompanying Notifier or the License Agreement in Part 2. Address Book is a feature that allows You to synchronize contacts between Your phone and an online address book.
PART 1 Terms of Service
1. Requirements: AT&T Messages requires that You be an AT&T Wireless subscriber or other qualified subscriber and that You have a compatible smartphone ("Phone"). As an AT&T Messages subscriber, You will also be provisioned with AT&T's Address Book as available for Your Phone.
2. Charges: You will be charged per Your messaging plan for any Message that You send or receive. Billable messages include text messages, picture and video messages, voice text messages, and forwarded voicemails ("Messages"). Messages will be charged when sent or received, whether read or unread, solicited or unsolicited. AT&T does not guarantee delivery. The Application will temporarily interrupt any active Wi-Fi connection only when necessary to verify Your account credentials via the cellular network. During the verification process, any data that you send or receive in connection with either the Application (including for verification) or any other applications will be sent or received over the cellular data network and will count against your data plan. If Your company pays for the charges associated with AT&T Messages, such charges will be billed to Your company, unless Your company or Your company's telecom manager did not authorize AT&T Messages for You, in which case You shall be responsible for such charges.
3. Price Changes: AT&T reserves the right to change its prices or to institute a charge where there currently is no charge. We will inform You in advance of any price increase or the institution of any charge for AT&T Messages. If You do not agree to these price changes or the institution of the charge, Your sole remedy is to cancel and stop using AT&T Messages before the change takes place. If You continue to use AT&T Messages after the price change or price institution has taken effect, You will be deemed to have agreed to the price increase or price institution. You agree to pay all charges when due.
4. International: Additional charges apply when sending Messages from the U.S., Puerto Rico, and the U.S. Virgin Islands to another country over the wireless network. When roaming internationally, delivery of voicemail and voice text messages to the Application on Your Mobile Device(s) will incur international roaming data charges if data is turned "on" and You are not connected to a Wi-Fi network. Also, additional charges apply when sending Messages from foreign countries and U.S. territories other than Puerto Rico and the U.S. Virgin Islands over the wireless network. In addition, if You are not connected to a Wi-Fi network and the data function on Your Mobile Device(s) is turned "on", the Application on Your Mobile Device(s) will perform certain administrative transactions, which will also incur international data roaming charges.
5. Turning Off the Data Function of Your Mobile Phone. You acknowledge that if You turn off the data function of Your Phone, You will not receive picture and video messages; and, unless Your Phone is connected to a Wi-Fi network, You will also not be able to view / listen to voice text messages or voicemails from Your Phone's Application, nor will Your Phone's Application be able to sync with AT&T Messages on the web. You will also not be able to view, from the AT&T Messages User Interface on the Web, the Notifier, or on Your Mobile Device(s), any text messages that were sent to You after You turned off data on Your Phone, unless Your Phone is connected to a Wi-Fi network. Even if the data function of Your Phone is turned off, You may access the audio portion of Your voicemail from Your Phone using a Telephone User Interface. (If You are roaming, roaming rates may apply.)
6. Voicemail: For new subscribers as of September 6, 2012, please note that if you listen, read, or delete a voicemail message from the AT&T Messages application, the corresponding voicemail message will not be available to listen to via a voice call to the voicemail system. Deleting a message via a voice call to the voicemail system, will cause that voicemail to be deleted from the AT&T Messages application.
7. Storage: All Messages You send or receive, including call logs, will be stored in AT&T Messages application storage (the cloud), unless You delete them. Please realize that uninstalling the AT&T Messages application does not delete messages that have been stored in the AT&T Messages application storage (the cloud), and that You need to call AT&T Care at 1-800-331-3300 or 611 from Your Mobile Device to delete Your messages.
You acknowledge and agree that even though You delete Messages, including call logs, Your Messages and call logs may be retained on AT&T's and its suppliers', licensors' and collaborators' systems and could be produced if required by law, court order, subpoena, or other lawful process. You acknowledge, consent and agree that AT&T may access, preserve and disclose Messages and call logs, 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.
AT&T reserves the right to delete Messages and call logs and to establish: limits as to how many Messages and call logs can be stored, how long such Messages and call logs will be stored, and whether or not there is a charge for storing such Messages and call logs. If AT&T decides to charge for storage, AT&T will notify You prior to implementing such charges. Your continued use of AT&T Messages 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 AT&T Messages, notwithstanding any provision of these Terms or any other applicable agreement between You and AT&T.
AT&T is not obligated to store Messages, call logs, and/or other information maintained or transmitted through AT&T Messages. You agree that AT&T, its licensors, and suppliers have no responsibility or liability whatsoever for the deletion or failure to store any Messages, call logs, or other information maintained or transmitted through AT&T Messages.
If a company or other entity is the responsible party for Your Messages, 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 all Messages, call logs, and content within AT&T Messages with the responsible party or its authorized agents.
8. Non-Availability of AT&T Messages: AT&T Messages or any feature or part thereof, may not be available in all locations and AT&T makes no representation that AT&T Messages, or any feature or part thereof, is available for use in any particular location. AT&T Messages may also be unavailable at times due to maintenance, repair, or software or system upgrades. AT&T may need to stop provisioning AT&T Messages, either temporarily or permanently. You agree that AT&T shall not be liable to You or any third party for any modification or cessation of AT&T Messages.
10. Restrictions: You agree that You will not, at any time, use AT&T Messages 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 AT&T Messages, 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; or 3) Violating do not call or automatic dialing laws and regulations, 4) Misrepresenting or spoofing Your identity; or 5) Using AT&T Messages in any manner that violates federal and/or state laws and regulations. Messages must also comply with the last paragraph of Section 6.5 of the AT&T Wireless Customer Agreement. Your use of AT&T Messages must also comply with AT&T's Acceptable Use Policy (AUP), which is set forth at: http://www.att.com/aup, and all applicable laws and regulations.
11. Suspension/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 AT&T Messages if AT&T determines that 1) Your use of AT&T Messages violates or has at any time violated these Terms or any other applicable agreement between You and AT&T, 2) Your use of AT&T Messages violates or has at any time violated any applicable law or regulation; or 3) such action is necessary to maintain or improve AT&T Messages, to prevent fraud or misrepresentation by affirmative acts and/or omissions, or to protect other users or third parties, or that 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 Your AT&T Messages is terminated, AT&T reserves the right to immediately delete Your Messages and call logs stored in AT&T Messages on the web without further notice to You. Deleted Messages and call logs 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 or call log.
12. AT&T Messages and Confidential/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 AT&T Messages on the web. You are responsible for the security of the Application on Your Mobile Device(s) and AT&T Messages on the web. AT&T is not liable for any unauthorized use of Your AT&T Messages or for any damage or loss that You may suffer as a result of any unauthorized use of Your AT&T Messages. AT&T is not responsible for others accessing the Application on Your Mobile Device(s) or AT&T Messages on the web, if Your Mobile Device or computing device is lost or stolen.
13. HIPAA -You are not authorized to use AT&T Messages 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.
PART 2 License Grant
Your use of the Application and the Notifier also may be governed by terms and conditions required by (i) any applicable third party content and service providers; (ii) the manufacturer and other providers of Your Mobile Device(s) and personal computer and its hardware and software components, including its operating system; (iii) the online store or other applicable distributor through which You obtain the Application and/or Notifier, including without limitation those listed in the "Third Party Terms" section of this License; (iv) Your applicable wireless service agreement; (v) any applicable open source or third party software license; and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application and the Notifier ((i) through (vi) collectively being referred to as the "Related Agreements"). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting AT&T's rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application and/or the Notifier under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting AT&T's rights and remedies or Your obligations under any Related Agreement between You and AT&T, or waiving any restrictions on Your rights under any Related Agreement between You and AT&T.
If AT&T makes any updates or upgrades to the Application and/or the Notifier available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application and/or the Notifier is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply. This Application and the Notifier may be downloaded and used only by wireless customers of AT&T or other qualified subscribers.
1. THE APPLICATION: The Application allows You to use AT&T Messages, AT&T's next generation of messaging services on compatible Mobile Devices. Messaging charges apply and data charges may apply. The Notifier is a downloadable application that allows you to use AT&T Messages on Your personal computer (provided the Notifier is compatible with Your personal computer). To download the Notifier to Your personal computer, You must be an AT&T Wireless Customer or other qualified subscribers and have downloaded the Application to Your Phone, and accepted the Terms and Conditions of this Agreement.
2. LICENSE GRANT AND USE RESTRICTIONS.
a. License Grant. Subject to the restrictions set forth in Section 2.b, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use a copy of the Application to the Mobile Device(s) owned and controlled by You, and to access and use the Application on such Mobile Device(s) solely for Your personal use, strictly in accordance with the terms and conditions of this License, the above AT&T Messages Terms of Service, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind. Further, subject to the restrictions set forth in Section 3.b, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use a copy of the Notifier on the personal computer owned and controlled by You, and to access and use the Notifier on Your personal computer solely for Your personal use, strictly in accordance with the terms and conditions of this License, the above AT&T Messages Terms of Service, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Notifier solely for Your own personal use and not for redistribution or transfer of any kind.
b. Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application and/or the Notifier, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application and/or the Notifier; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application and/or the Notifier; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors; (e) use the Application and/or the Notifier in a manner that derives revenue directly from such use, or use the Application and/or the Notifier for any other purpose for which it is not designed or intended; (f) distribute the Application and/or the Notifier to devices You do not own and control; (g) make the Application and/or the Notifier available over a network or other environment permitting access or use by multiple devices or users at the same time; (h) use the Application and/or the Notifier for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T; (i) use the Application and/or the Notifier to send automated queries to any website or to send any unsolicited commercial e-mail; (j) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application and/or the Notifier; (k) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application, the Notifier, or applicable device(s) or (l) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application and/or the Notifier. You agree to abide by the rules and policies established from time to time by AT&T. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and/or the Notifier and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this License.
3. INTELLECTUAL PROPERTY RIGHTS.
a. Rights to Application and the Notifier. You acknowledge and agree that the Application and the Notifier, and any copies thereof (including without limitation any copy that You download, install, or use on Your Mobile Device(s) and/or personal computer, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the Notifier and the format, directories, queries, algorithms, structure and organization of the Application and the Notifier are the intellectual property and proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. Title to the Application and the Notifier shall remain with AT&T. AT&T and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application and/or the Notifier (or any copy thereof) at any time without notice and will have no liability to You for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application or the Notifier by implication, estoppels or other legal theory, and all rights in and to the Application and the Notifier not expressly granted in this License are hereby reserved and retained by AT&T. This provision survives termination of this License.
b. Open Source Software. The Application and the Notifier may utilize or include third-party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the Application and the Notifier is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.
The Application and/or Notifier use Open Source Software that is licensed under the Apache License, Version 2.0 (the "License"); and you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/license/License-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
The Application and/or Notifier also use Open Source Software that is licensed from the World Wide Web Consortium (W3C) Copyright © 2011 World Wide Web Consortium, (Massachusetts Institute of Technology, European Research Consortium for Informatics and Mathematics, Keio University). All Rights Reserved. THE W3C SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this W3C software and any associated documentation will at all times remain with copyright holders.
The Video and Data Calling Application uses “ITU-T G.722.1C, licensed from Polycom®
The Video Calling Application also uses software licensed under the AVC Patent Portfolio License for personal and non-commercial use of a consumer to (i) Encode Video in compliance with the AVC Standard (“AVC Video”) and/or (ii) decode AVC Video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC Video. No license is granted or shall be implied for any other use. Also such license only extends to this product only and only to the extent of other notices which be included herein. This license does not extend to any other product regardless of whether such product is included with this licensed product in a single article. Additional information may be obtained from MPEG LA L.L.C, See http://www.mpegla.com.
PART 3 Terms Applicable to All of AT&T Messages, the Application and the Notifier
1. TERM AND TERMINATION. This Agreement and the License granted in Part 2 shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the License granted in Part 2 and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this Agreement or the License granted in Part 2, then this Agreement and the License granted in Part 2 and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this Agreement and the License granted in Part 2, You shall cease all use of AT&T Messages and uninstall the Application and the Notifier. AT&T may, without notice to You, disable AT&T Messages. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this Agreement or the License granted in Part 2 in accordance with its terms, and termination of this Agreement or License granted in Part 2 will be without prejudice to any other right or remedy AT&T may have, now or in the future. This provision survives termination of this Agreement and the License granted in Part 2.
2. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT AT&T MESSAGES, THE APPLICATION AND THE NOTIFIER, INCLUDING ALL CONTENT CONTAINED THEREIN, IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON AT&T MESSAGES, THE APPLICATION, AND THE NOTIFIER AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING AT&T MESSAGES, THE APPLICATION, THE NOTIFIER, AND THIRD-PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT AND LICENSE GRANTED IN PART 2, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) AT&T MESSAGES, THE APPLICATION, THE NOTIFIER OR THIRD-PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) AT&T MESSAGES, THE APPLICATION, THE NOTIFIER, OR THIRD-PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH AT&T MESSAGES,THE APPLICATION, OR THE NOTIFIER WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN AT&T MESSAGES, THE APPLICATION, THE NOTIFIER, OR THIRD-PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM AT&T MESSAGES,THE APPLICATION, OR THE NOTIFIER SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN AT&T MESSAGES, THE APPLICATION, OR THE NOTIFIER. YOU ACKNOWLEDGE THAT AT&T MESSAGES, THE APPLICATION, AND THE NOTIFIER IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, AT&T MESSAGES, THE APPLICATION, OR THE NOTIFIER COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT AT&T MESSAGES, THE APPLICATION, OR THE NOTIFIER WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR PHONE(S), MOBILE DEVICE(S), COMPUTING DEVICE(S) OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR PHONE(S), MOBILE DEVICE(S), COMPUTING DEVICE(S) OR ANY OTHER PIECE OF HARDWARE, EQUIPMENT, SOFTWARE, TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR PHONE(S), MOBILE DEVICE(S), COMPUTING DEVICE(S) OR ANY OTHER PIECE OF HARDWARE, EQUIPMENT, SOFTWARE, LOSS OF THE DATA LOCATED ON YOUR PHONE(S), MOBILE DEVICE(S), COMPUTING DEVICE(S), MESSAGES ON THE WEB, OR ANY OTHER PIECE OF HARDWARE, EQUIPMENT, SOFTWARE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR PHONE(S), MOBILE DEVICE(S), COMPUTING DEVICE(S) OR ANY OTHER PIECE OF HARDWARE, EQUIPMENT, SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD AT&T MESSAGES, THE APPLICATION, OR THE NOTIFIER PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE. NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.
3. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE AT&T MESSAGES, THE APPLICATION, OR THE NOTIFIER, AND ANY THIRD-PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR AT&T MESSAGES, THE APPLICATION, OR THE NOTIFIER (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR AT&T MESSAGES DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.
4. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their 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 AT&T Messages, the Application, and/or the Notifier or Third-Party Content and Services; (ii) Your breach of this Agreement or the License granted in Part 2; (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 AT&T Messages, the Application, and/or the Notifier. These obligations survive termination of this Agreement and the License granted in Part 2.
5. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN THIS SECTION 5.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if AT&T has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this License will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration You are entitled to recover attorneys' fees from AT&T to at least the same extent as You would be in court.
In addition, under certain circumstances (as explained below), AT&T will pay You more than the amount of the arbitrator's award and will pay Your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards You an amount that is greater than what AT&T has offered You to settle the dispute.
a. Arbitration Agreement.
i. AT&T and You agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this License or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
- claims that may arise after the termination of this License.
For purposes of this Section 5.a only, references to "AT&T," "You," "Your" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of this Application, or of services or devices under this License or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on Your behalf. You agree that, by entering into this License, You and AT&T are each waiving the right to a trial by jury or to participate in a class action. This License evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this License.
ii. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.
iii. After AT&T receives notice at the Notice Address that You have commenced arbitration, it will promptly reimburse You for Your payment of the filing fee, unless Your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If You are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://att.com/arbitration-information.) The arbitrator is bound by the terms of this License. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your billing address. If Your claim is for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse AT&T for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
iv. If, after finding in Your favor in any respect on the merits of Your claim, the arbitrator issues You an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
- pay You the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
- pay Your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration ("the attorney premium").
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
v. The right to attorneys' fees and expenses discussed in paragraph 5.a.iv supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
vi. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
vii. Notwithstanding any provision in this License to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while this License is in effect, You may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.
6. MISCELLANEOUS. The following provisions survive termination of this License:
a. Governing Law, Limitation on Actions. This Agreement and the License granted in Part 2 shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This Agreement and the License granted in Part 2 shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and AT&T agree that any cause of action arising out of or relating to AT&T Messages, the Application, the Notifier or Your use of AT&T Messages, the Application, or the Notifier must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section is not intended to and does not alter any provisions of Your applicable wireless service agreement.
b. Contact Information. In the event that You have a question, complaint or claim regarding Your use of AT&T Messages, the Application, or the Notifier, please call AT&T Customer Service by dialing 611 from Your Mobile Device, where applicable, or 1-800-331-0500 or visit att.com/db.
c. Severability. If any provision of this Agreement or the License grant in Part 2 is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement and the License granted in Part 2, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement and the License granted in Part 2 shall be valid and enforceable to the fullest extent permitted by law.
d. Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement or the License granted in Part 2 shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
e. Jurisdictional Issues, Export Control. You may not use or otherwise export or re-export the Application or the Notifier except as authorized by United States law and the laws of the jurisdiction(s) in which the Application or the Notifier was obtained. You represent and warrant that You are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that You will not use the Application or the Notifier for any purposes prohibited by United States law.
f. U.S. Government Restricted Rights. AT&T Messages, the Application, and the Notifier were developed at private expense and are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.
g. Performance or Benchmark Testing. You may not disclose the results of any benchmark test using AT&T Messages, the Application, or the Notifier to any third party without AT&T's prior written approval.
h. Modification or Amendment. AT&T may modify or amend the terms of this Agreement and the License granted in Part 2 at any time, with or without notice to You, by posting a copy of the modified or amended Agreement or License available through the Application or at www.att.com/messagesterms You will be deemed to have agreed to any such modification or amendment by Your decision to continue using AT&T Messages, the Application, or the Notifier following the date in which the modified or amended Agreement or License is made available through the Application at www.att.com/messagesterms.
i. Survival. Any provisions of this Agreement or License granted in Part 2, which by their express language or by their context are intended to survive the termination of this Agreement or the License granted in Part 2, shall survive such termination.
j. Third Party Beneficiaries. Except as explicitly provided in this Agreement or the License granted in Part 2, or in the Related Agreements, nothing contained in this Agreement or the License granted in Part 2, is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
k. No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer AT&T Messages, the Application, the Notifier, this Agreement, or the License granted in Part 2 or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this Agreement and License granted in Part 2. AT&T may assign this Agreement or the License granted in Part 2 without restriction.
l. AT&T Marks. You acknowledge and agree that the following 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: "AT&T" and "AT&T Notifier" (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 this Agreement.
m. 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 AT&T Messages, the Application, or the Notifier 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.
n. Technology Enhancements
AT&T may enhance, upgrade, improve or modify, the technologies that underlie AT&T Messages, the Application, and/or the AT&T Notifier 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 or You must upgrade Your service to obtain an enhanced, upgraded, improved or modified feature, service, or functionality.
PART 4 AT&T Address Book Terms and Conditions
Address Book or particular features may not be available in areas outside of the AT&T network. We reserve the right to stop providing Address Book or any feature and shall not be liable to You or any third party for any unavailability, modification or cessation of Address Book or its features.
1. Account - You must be of legal age to use Address Book. If You are under the required legal age, but at least 13 years old, You may still use Address Book (subject to applicable local law), but only if the account You are using was created and registered by Your parent or legal guardian. All account information You provide will be true, accurate, complete and current information. You are solely responsible for all activities occurring under Your account and maintaining the confidentiality of Your account login and password, and You are solely liable for failure to do so.
2. Fees - If AT&T elects to charge for Address Book in the future, it will provide You at least thirty (30) days notice by text message to Your wireless device or by other means. If AT&T does implement a charge for Address Book, You can cancel Your use of Address Book within 30 days of receiving notice without incurring a charge. If AT&T implements such a charge, You acknowledge AT&T has the right to charge You for Address Book as long as Your Address Book account remains active and regardless of whether or how often You actively use Address Book. 4G LTE handset and tablet device owners, please be aware that data is consumed and deducted from your Data Plan when Contacts are synchronized between your device and the web over the cellular network.
3. Compliance with Applicable Law and AT&T's Acceptable Use Policy - You agree to use Address Book solely as set forth in these Terms and in compliance with applicable laws and regulations. You agree Address Book is not to be used for the sending of spam emails, spam messaging, or violation of do not call or automatic dialing laws and regulations, or misrepresentation of Your identity. Your use of Address Book must also comply with AT&T's Acceptable Use Policy (AUP), which is set forth at the following URL: http://www.att.com/aup.
5. AT&T Not Responsible for Your Content. AT&T is not responsible or liable in any way for Content transmitted or received by You. AT&T does not and has no obligation to screen, edit, or control Content You transmit or receive. AT&T does not guarantee the accuracy, integrity or quality of Content transmitted, and You may encounter Content You may find objectionable, and You may expose others to Content they may find objectionable. The transmission and receipt of Content is solely at Your own risk. AT&T has the right, but not the obligation to pre-screen, refuse, or remove Content that is illegal, violates these Terms or the AUP, or exposes AT&T to risk of claims. Under no circumstances will AT&T be liable for Content, including, but not limited to, errors or omissions, loss, or damage incurred as a result of the use of Content posted, emailed, transmitted by messaging, or made available via Address Book.
6. Backup Content - You are responsible for backing up to Your own computer or other device, Content that You store or access through Address Book. AT&T does not guarantee or warrant Contact Information or Content You may store or access through Address Book will not be subject to inadvertent damage, corruption or loss.
7. YP.com Search Function - Use of any business searches and any Yellowpages.com "Services" (herein referred to as the "YPC Services" which is defined in the Yellowpages.com Mobile End-User License Agreement (herein referred to as the "YPC Mobile EULA" is subject to the YPC Mobile EULA at www.yellowpages.com/about/legal/eula, and is incorporated into these Terms and Conditions by this reference. Your use of the YP.com Search Function constitutes your consent to the YPC Mobile EULA. Please note, if you choose "Go" or "OK" to allow the YPC Services to use your current location, then, you give Yellowpages.com and its vendors permission to use, disclose, and display the current location of your wireless device in the provision of the YPC Services, including geo-tagging your messages and content. Yellowpages.com is not responsible for your location information should you choose to publicly disclose through the use of the YPC Services. Data charges apply. You can manage the use of location data through your device, generally in settings menu for the device. Please refer to your user manual for specific instructions.
© 2011 Digital Globe; Images courtesy of NASA Images courtesy of USGS. AT&T is not affiliated with the aforementioned third parties.
8. Suspension/Termination - You authorize AT&T to immediately suspend and/or terminate without notice Your use of Address Book if Address Book: 1) is used to send spam such as unsolicited or undesired messages; 2) exceeds the storage capacity for an Address Book account; 3) has Excessive Usage; or, if Your use does not comply with law, AT&T's Acceptable Use Policy, or these Terms, or You provide false information to AT&T. "Excessive Usage" means Your usage within a given month or day (as applicable) exceeds, at least three times, the average level of monthly or daily usage of other Address Book customers generally. AT&T may also immediately suspend or terminate Your use of Address Book if it suspects fraud, abuse or misuse by You or third parties, or if it determines that an unusually high volume of text messages, emails, or calls are being sent or made from Your account in any 24-hour period. AT&T will not incur liability as a result of suspending or terminating Your use of Address Book. The number of recipients for an individual message sent from Address Book is limited to ten (10) recipients, and the maximum number of messages sent from the Address Book website is fifty (50) per day.
9. Practices and Limits. AT&T may establish practices and limits concerning Address Book, including, without limitation, the number of messages that can be sent, limiting the number of message recipients, limiting international text and MMS messaging, the Contact Information and Content that may be archived, the maximum size of available server space for Your Contact Information and/or Content, the maximum number of days that Contact Information or Content may be stored, and the maximum number of times and the maximum duration for which You may access Address Book. AT&T reserves the right to modify these and other practices without any notice to You. You agree AT&T has no liability for any removal, loss or destruction of, or failure to store or provide access to, any Contact Information, Content, or account information.
10. Right to Terminate. You can terminate Your use of the AT&T Address Book service at any time. No refunds shall be granted for fees, if any, paid in advance. If Address Book service is suspended or terminated, AT&T has the right to delete all Contact Information, Content, data, files, and other information stored in or for Your account without further notice to You. You must pay all charges, if any, for Address Book through the date of termination. Should You wish to resume Address Book after any suspension, a restoral of service fee may apply.
Entire Agreement. This Agreement, including the License granted in Part 2 and including the documents incorporated herein by reference constitute the entire agreement with respect to the use of AT&T Messages, the Application, and the Notifier licensed hereunder and the Address Book service and supersedes all prior or contemporaneous understandings regarding such subject matter.