Verizon Wireless Archived Messages Service Terms and Conditions

This agreement is between you as our subscriber and Verizon Wireless (“VZW”) and sets forth the terms and conditions under which VZW will provide access to Archived Messages through the Archived Messages Service (as such terms are defined below). By using the Archived Messages Service, you agree to these Terms and Conditions.

Definitions.

• Archived Messages means the Participating Employee’s Messages available for retrieval by TeleMessage Inc. from VZW.
• Archived Messages Service means TeleMessage Inc.’s service that provides Archived Messages to you.
• Corporate Liable VZW MDNs means a VZW Mobile Directory Number (MDN) that is established under your corporate account and corporate name for which you are financially responsible for the payment to VZW for VZW service.
• Messages means messages sent or received by the Participating Employee via the short message service (SMS) or the multimedia message service (MMS).
• Participating Employee means your employee who has opted into the Archived Messages Service via your Corporate Liable VZW MDN.

Terms and Conditions.

• TeleMessage Inc. Agreement. You must have an agreement withTeleMessage Inc. for the Archived Messages Service.
• Corporate Liable VZW MDNs Only. Verizon will only provide messages from your Corporate Liable VZW MDNs through the Archived Messages Service.
• Notice and Consent. Prior to enabling access to the Archived Messages through the Archived Messages Service on any mobile device or Corporate Liable VZW MDN, VZW will deliver a free to end user text message to the device or MDN, pre-approved by you, with notice that you require archiving of text/SMS messages on government provided or funded devices, and that continued use of the device is deemed as the device or MDN user’s consent to deliver Messages to you and/or TeleMessage Inc. for archiving through the Archived Messages Service (“Consent Notice”).  Successful delivery of the Consent Notice is a pre-requisite to VZW enabling Archived Messages through the Archived Messages Service. You will also include a similar notice and consent process in your organization’s device acceptable use policy.
• Discontinuing Use of Mobile Device or Corporate Liable VZW MDN, or Transferring Mobile Device or Corporate Liable VZW MDN to Another Employee. You must unenroll, or request TeleMessage Inc. to unenroll a Mobile Device or Corporate Liable VZW MDN used by a Participating Employee before (a) disabling the device or MDN, or (b) before transferring the device or MDN to another employee so that the notice and consent process described above is applied to the employee receiving the device or MDN.
• Periodic Reminders. VZW will provide periodic reminders to each Participating Employee of its enrollment in the Archived Messages Service if you enable that option in the TeleMessage Inc. portal.
• VZW Role. You acknowledge that VZW is only making available to TeleMessage Inc. the Archived Messages for use in connection with the Archived Messages Service and VZW will have no further control or responsibility for the Archived Messages once they are provided to TeleMessage Inc., nor will VZW have any responsibility for the service provided to you by TeleMessage Inc. or for charges in your agreement with TeleMessage Inc.
• Compliance with Laws, Policies and Practices. You will comply with all applicable laws, rules and regulations, including all applicable consumer protection, marketing, data security, export and privacy laws and Federal Trade Commission privacy initiatives. You are solely responsible for making any disclosures required by law, rule, regulation, or otherwise regarding the nature, accuracy, effectiveness, or limitations of the Archived Messages Service.