AT&T Message Archiving Terms of Service
Any user signing for the TeleMessage AT&T Network Archiver is agreeing to the AT&T Message Archiving Terms of Service stated at https://messagearchiving.att.com/legal and the end user licensing agreement stated in the section below:
End User License Agreement for AT&T Message Archiving
THIS LICENSE IS ENTERED INTO BY AND BETWEEN AT&T AND THE AT&T BUSINESS SERVICE CUSTOMER (“COMPANY”) WHO ACCEPTS THESE TERMS BY USING THE AT&T MESSAGE ARCHIVING SERVICE. THIS LICENSE AMENDS THE AGREEMENT BETWEEN AT&T SOLELY WITH RESPECT TO THE PROVISION AND USE OF THE MESSAGE ARCHIVING SERVICE.
BY USING AT&T MESSAGE ARCHIVING, COMPANY AFFIRMS THAT YOU ARE OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND COMPANY, ITS AFFILIATES, AND ALL USERS WHO ACCESS THE MESSAGE ARCHIVING SERVICES THROUGH THE COMPANY ACCOUNT TO THIS LICENSE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE AT&T MESSAGE ARCHIVING.
Please read this end user license agreement (“License”) carefully before using the AT&T Message Archiving platform (“Platform”). As used herein, “Platform” includes, without limitation, any services specific to the Platform (excluding, however, applicable wireless service plan), 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 Platform or this License.
This Platform is licensed, not sold, to Company by AT&T for use strictly in accordance with the terms and conditions of this License. By sing the Platform, Company is entering into and agreeing to be bound by the terms of this License, the AT&T Acceptable Use Policy located at att.com/aup, and the AT&T Privacy Policy located at att.com/privacy, each as amended from time to time, which policies are incorporated herein by reference. The AT&T Privacy Policy will only apply to information that is provided to or accessed by AT&T. Company represents that Company has, and will abide by, policies and practices which govern the use and disclosure of information, including personally identifiable information.
Company’s use of the Platform also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the applicable wireless service agreement, (iii) any applicable open source or third party software license, (and (iv) Company’s policies and practices regarding information provided to and/or accessed by Company ((i) through (iv), including without limitation those terms listed in the “Third Party Terms” section of this License, 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 Company’s obligations under this License, or waiving any restrictions to use the Platform under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or Company obligations under any Related Agreement between Company and AT&T, or waiving any restrictions on Company’s rights under any Related Agreement between Company and AT&T.
If AT&T makes any updates or upgrades to the Platform available to Company, such updates or upgrades shall be subject to the terms and conditions of this License unless the Platform is expressly provided to Company 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.
Continued use of the Platform after any such changes shall constitute Company consent to such changes.
THE PLATFORM:
AT&T Message Archiving enables Company to store short message service (“SMS”) text messages and/or multimedia messaging service (“MMS”) messages (“Messages”). AT&T Message Archiving consists of a website (“Website”); mobile, desktop, and tablet applications (“Apps”); and related end clients, widgets, tools, applications, data, software, Application Programming Interfaces (“APIs”) and other related services (the “Services”). The Website, Apps and Services are collectively referred to herein as the “Platform”. Company may backup the Messages (“Content”) of Company’s employees or other users under Company’s account, either to the Company’s storage facility or to AT&T’s storage facility. Content stored on AT&T’s storage facility is made available to Company’s authorized administrative users via the web application interface. Voice, data and messaging rates may apply when Company uses the Platform. Company is solely responsible for its use of the Platform.
Disclaimer Regarding Use of the Platform.
AT&T disclaims all liabilities for any claims of infringement or misappropriation of intellectual property rights from any third party related to or arising from Company’s use of the Platform. In addition, Company agrees that AT&T, its suppliers, licensors, and their subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about all Company Devices which backup Messages via the Platform, Company’s or any authorized administrative user’s use of the Platform. AT&T, its suppliers and their subsidiaries and agents may use this information to improve its or their products or to provide services or technologies to Company. TO THE FULLEST EXTENT ALLOWED BY LAW, AT&T AND ITS APPLICABLE SUPPLIER(S) AND LICENSOR(S) HEREBY DISCLAIM ALL LIABILITY FOR DAMAGES THAT MAY BE CAUSED TO COMPANY OR OTHERS BY ANY TRANSMISSION, ERASURE OR DISABLEMENT OR BY ANY UNAUTHORIZED DISCLOSURE OR ALTERATION OF ANY SUCH INFORMATION.
AT&T is a strong supporter of a SPAM-free communication environment. Any account found to be using AT&T Message Archiving for SPAM may be suspended without notice. If Company knows of or suspects any violators, please notify AT&T immediately at mobilityabuse@att.com or deliver an SMS message to 7726.
Company, and Company’s users may not transmit any communication that would violate any applicable federal, state or local law, court order or regulation, including but not limited to the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), the rules governing the DoNotCall Registry, currently found at www.donotcall.gov, and the CAN-SPAM Act. Company agree to comply with the Guidelines of the Mobility Marketing Association, currently found at http://www.mmaglobal.com/bestpractices.pdf, and of the CTIA, currently found at http://www.wmcglobal.com/images/CTIA_playbook.pdf, as such guidelines may be amended from time to time.
Company self-storage: Messages stored using AT&T Message Archiving will be retained by AT&T for a period of up to five (5) days or until downloaded and stored by Company, whichever time period is shorter. Messages may be retained by Company even if the Message has been deleted on the applicable Device.
AT&T storage: Messages stored using AT&T Message Archiving will be retained by AT&T for a period of up to seven (7) years and as long as Company remains a customer of the AT&T Message Archiving service. Message retention periods within the Platform will be set by Company. However, Company may also download and store the Messages for as long as it desires. Messages may be retained regardless of whether they are deleted from the end user Device. All Messages stored by AT&T will be deleted within 30 days of termination or expiration of the Service.
LICENSE GRANT, USE RESTRICTIONS AND ELIGIBILITY.
Subject to the restrictions set forth in this License, AT&T grants Company a revocable, non-exclusive, non-transferable, limited right to access and use the Platform in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations. Company further represents and warrants that Company will not access or use the Platform for any illegal or unauthorized purpose, and Company will not use the Platform to violate any applicable laws or regulations in Company jurisdiction.
Company shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code or structure of, or decrypt the Platform, for any reason, including for research purposes; (b) make any modification, alteration, adaptation, improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with Company’s access or use of the Platform; (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 Platform in a manner that derives revenue directly from such use, or use the Platform for any other purpose for which it is not designed or intended; (f) install, use or permit the Platform to exist on any mobile device or computer; (g) distribute the Platform to any unauthorized device(s); (h) make the Platform available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Platform 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; (j) use the Platform to send automated queries; (k) use any proprietary information or interfaces of AT&T or its suppliers or licensors or other intellectual property of AT&T or its suppliers or licensors in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Platform; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Platform, or (m) 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 Platform. Company is solely responsible and liable for any such prohibited activity, behavior, use and conduct.
Company agrees to abide by the rules and policies established from time to time by AT&T. These obligations survive termination of this License.
In addition, Company agrees:
not to access (or attempt to access) the Platform by any means other than through the interface that is provided by AT&T, unless Company has been specifically allowed to do so in a separate agreement with AT&T. Company specifically agrees not to access (or attempt to access) the Platform or any part thereof through any automated means (including use of any scripts, web crawlers, spiders, robots, site/search retrieval application);
Company will not engage in any activity that interferes with, disrupts, damages, impairs, or disables the Platform or the servers and networks connected thereto;
not to harass or advocate harassment of another person or entity;
not to impersonate any person or entity or misrepresent in any way Company’s affiliation with a person or entity; and
that the technical processing and transmission of the service, including Company’s Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
INTELLECTUAL PROPERTY RIGHTS.
Company acknowledges and agrees that the Platform, 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, Company acknowledges and agrees that the source and object code of the Platform and the format, directories, queries, algorithms, structure and organization of the Platform are the intellectual property and proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. Title to the Platform shall remain with AT&T and its collaborators, licensors, and suppliers, who 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 Platform (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, Company is not granted any intellectual property rights in or to the Platform by implication, estoppel or other legal theory, and all rights in and to the Platform not expressly granted in this License are hereby reserved and retained by AT&T and its collaborators, licensors, and suppliers. These obligations survive termination of this License.
Company acknowledges and agrees 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” (the “AT&T Marks”). Company is 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. These obligations survive termination of this License.
The Platform utilizes or includes third party software that is subject to third party and/or open source license terms (“Third Party Software”). Company acknowledges and agrees that Company’s right to use such Third Party Software as part of the Platform is subject to and governed by the terms and conditions of applicable third party licenses, including, without limitation, applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Third Party Terms”). In the event of a conflict between the terms of this License and the Third Party Terms, the Third Party Terms shall control.
TERM AND TERMINATION.
This License 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 License and the rights afforded to Company hereunder with or without prior notice.
Furthermore, if Company fails to comply with any terms and conditions of this License, if Company’s applicable agreement with AT&T expires or is terminated, or if Company fails to timely pay applicable License fees, then this License and any rights afforded to Company hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, Company shall cease all use of the Platform. AT&T may, without notice to Company, disable the Platform. AT&T will not be liable to Company or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this License
DISCLAIMER OF WARRANTIES.
COMPANY ACKNOWLEDGES AND AGREES THAT THE PLATFORM, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT COMPANY’S USE OF OR RELIANCE UPON THE PLATFORM AND ANY THIRD PARTY CONTENT ACCESSED THEREBY IS AT COMPANY’S SOLE RISK AND DISCRETION. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE PLATFORM AND THIRD PARTY CONTENT, 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 LICENSE, 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) THE PLATFORM OR THIRD PARTY CONTENT WILL MEET COMPANY’S REQUIREMENTS; (II) THE PLATFORM OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY COMPANY THROUGH THE PLATFORM WILL BE AS REPRESENTED OR MEET COMPANY’S EXPECTATIONS; OR (IV) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. AT&T DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY ACCESS TO, USE OR MISUSE OF COMPANY’S INFORMATION, AND AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING ACCESS TO, USE OR MISUSE OF COMPANY INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY COMPANY FROM AT&T OR FROM THE PLATFORM SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, COMPANY ACKNOWLEDGES THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND
LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE PLATFORM. COMPANY ACKNOWLEDGES THAT THE PLATFORM 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, THE PLATFORM 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 THE PLATFORM WILL BE COMPATIBLE OR INTEROPERABLE WITH ANY DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH THE PLATFORM. COMPANY ACKNOWLEDGES AND AGREES THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO COMPANY FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH THE PLATFORM OR OTHER COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE PLATFORM PROVE DEFECTIVE, COMPANY ASSUMES THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO COMPANY.
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 COMPANY’S ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, 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 COMPANY (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY COMPANY FOR THE PLATFORM, (ii) THE AGGREGATE AMOUNT COMPANY PAID TO AT&T FOR THE PLATFORM DURING THE ONE MONTH
PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THIS LICENSE.
Company 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 Company’s: (i) access to or use of the Platform; (ii) breach of this License; (iii) violation of law; (iv) negligence or willful misconduct; or (v) violation of the rights of a third party.
Company will promptly notify AT&T in writing of any third-party claim arising out of or in connection with Company’s access to or use of the Platform. These obligations survive termination of this License.
The following provisions survive termination of this License:
Governing Law, Limitation on Actions.
This License 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 License 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, Company and AT&T agree that any cause of action arising out of or relating to the Platform or Company’s use thereof 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 Company’s applicable wireless service agreement.
In the event that Company’s authorized user has a question, complaint or claim regarding Company’s use of the Platform, please contact the Company corporate Telecom Manager for service support.
If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, 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 License shall be valid and enforceable to the fullest extent permitted by law.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this License 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.
Jurisdictional Issues, Export Control.
If Company chooses to access or use the Platform outside the United States, Puerto Rico, the U.S. Virgin Islands and Canada, Company does so on Company’s own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Platform from jurisdictions in which the Platform, in whole or in part, is illegal or penalized is prohibited. Company may not use or otherwise export or re-export the Platform except as authorized by United States law. Company represents and warrants that Company is 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. Company also agrees that Company will not use the Platform for any purposes prohibited by United States law.
U.S. Government Restricted Rights.
The Platform was developed at private expense and is 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
Performance or Benchmark Testing.
Company may not disclose the results of any benchmark test using the Platform to any third party without AT&T’s prior written approval.
AT&T may modify or amend the terms of this License at any time, with or without notice to Company, by posting a copy of the modified or amended License available through the Platform login page. Company will be deemed to have agreed to any such modification or amendment by Company’s continued use of the Platform following the date in which the modified or amended License is made available through the Platform.
Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License 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.
Company may not rent, lease, lend, sublicense, assign or transfer the Platform, this License 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 License. AT&T may assign this License without restriction.
12 Entire Agreement.
This License including the AT&T business agreement and documents incorporated herein by reference constitute the entire agreement with respect to the use of the Platform made available hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.