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WARNING

YOU HAVE NO RIGHT TO PRIVACY WHEN SENDING OR RECEIVING SMS TEXTS UNDER THE SMS TEXTING PROGRAM. ALL MESSAGING ACTIVITY IS SUBJECT TO MONITORING AND REVIEW AT ANY TIME, WITH OR WITHOUT NOTICE.

SMS Texting Program Rules and Restrictions

By participating in the SMS Texting Program, you agree to the following Rules and Restrictions, in addition to the general Terms of Use and Privacy Policy that apply to all services offered through JailATM. IF YOU DO NOT AGREE TO THESE RULES AND RESTRICTIONS, DO NOT SIGN UP FOR OR PARTICPATE IN THE SMS TEXTING PROGRAM.

  1. No Privacy. All SMS text messages sent to and received from a facility resident are subject to monitoring, search, recording, review, approval, use and disclosure by correctional facility or other authorized personnel at any time.

If you believe that any of your communications, including your text messages, are privileged or should be private, then you must contact the resident’s facility and arrange for your communications to be kept confidential.

JailATM is not responsible for breaching any legal privilege, right to confidentiality, or right to privacy unless: (a) we have been notified in writing by authorized corrections personnel that your messages are subject to special handling, and (b) we have agreed in writing to handle your messages as privileged, private, and/or confidential.

  1. SMS Texting Program Sign-up. You can only sign up to communicate with a correctional facility resident via SMS text messages if: (i) the resident’s facility allows communications via SMS text messaging and (ii) you already have an email Messaging Account set up with JailATM. After you sign up for the SMS Texting Program, JailATM will verify that you have a valid cell phone number that can send and receive text messages. You must use the cell phone associated with that mobile number for all future texting with the resident.

You will then receive a telephone number, assigned to the facility resident with whom you wish to communicate, for sending and receiving text messages on your cell phone. If you would like to communicate with more than one corrections facility resident via SMS text messages then you must sign up separately for each resident since each one must have a different telephone number assigned for texting purposes.

  1. Sending and Receiving Messages.

    1. How It Works.

      1. Messages Sent Via Text. Once you sign up for the SMS Texting Program, you can send text messages to a corrections facility resident from the cell phone associated with the mobile number you provided at sign-up, and receive text messages from the resident on the same cell phone. Text messages sent to the resident from any other device or phone number will be considered invalid and will not be delivered.

      1. Viewing Texts and Sending Replies. Each text message sent to the facility resident is converted to an email prior to delivery. The resident will view your text message just like he or she would view an email (for instance, on a kiosk within the housing unit); however, the resident will be alerted that the message came in as a text. The resident’s reply is converted back to a text message after sending, and delivered to your cell phone.

      1. Emails. After you sign up for the SMS Texting Program, all of the resident’s emails and other electronic messages are delivered to your cell phone as a text message – you will no longer receive emails from the resident. You can still send an email to the resident after you sign up for the SMS Texting Program. However, the resident’s reply comes back to you as a text message. You can access your messaging account on the JailATM website to see a full record of all electronic messages sent and received.

    1. Length of Texts. Character limits apply to all text messages, which may affect the length of texts that you send or receive. Lengthy messages may, in JailATM’s sole discretion, be rejected, may be broken up into smaller texts prior to delivery, or you may be directed to read a text message through your account on the JailATM website as if it were an email. Character limits may be changed at any time with or without notice.

    1. Facility Rules and Regulations Apply. SMS text messaging is subject to the applicable corrections facility’s rules and regulations at all times. If there is a conflict between the SMS Texting Program Rules and Restrictions and the facility’s rules or regulations, then the facility’s rules and regulations will apply.

  1. Fees and Payment.

    1. Messaging Service Fee. A Messaging Service Fee applies to each text message that you send to or receive from a facility resident after you sign up for the SMS Texting Program. Messaging Service Fees vary by facility; you will be advised of the current, applicable per-message fee when you sign up for the SMS Texting Program.

    1. Changes to the Messaging Service Fee. The applicable Messaging Service Fee may change at any time. You can always check the current applicable Fee on the JailATM website. Tech Friends will also attempt to notify you via text of any change to the Messaging Service Fee after you sign up for the SMS Texting Program; however, you are responsible for all Messaging Service Fees accrued on your messaging account without regard to whether you read Tech Friends’ notification text. If you do not agree to a new Messaging Service Fee then you must immediately cease your participation in the SMS Texting Program.

    1. Payment. You are responsible for all Messaging Service Fees, both for each text message you send to, and for each text message you receive from, a resident. After you sign up for the SMS Texting Program, all written electronic messages from the facility resident are treated as a text message and delivered to your cell phone. The resident will not have the option under the SMS Texting Program of paying for his or her messages from a facility bank or trust account. Instead, you will be responsible for paying the message service fee applicable to each message sent to you by the resident. All Messaging Service Fees will be automatically deducted from your message account balance upon the sending or receiving of a text.

    1. Regular Text Messaging Rates Apply. In addition to the above Messaging Service Fees, your cell phone provider’s regular text messaging rates also apply and you are solely responsible for them.

    1. No Refunds. MESSAGING SERVICE FEES ARE NOT REFUNDABLE except as required by law.

  1. Changes To These Rules and Restrictions. These SMS Texting Rules and Restrictions may be amended, modified or changed at any time, for any reason, without notice you. All amendments, modification or changes to the terms will be effective upon posting to the JailATM website. If you do not agree to these Rules and Restrictions or to any changes to them, then you should not participate in the SMS Texting Program and must cease using JailATM’s texting service if you have been doing so.

Your access to the SMS Texting Program may be terminated immediately, on a temporary or permanent basis, if you fail to comply with these Rules and Restrictions.

  1. No Guarantees and No Warranty. There are no guarantees about the continued availability of the SMS Texting Program, any person’s ability to send or receive texts, speed, connectivity, delivery, or the reliability or coverage of your cell phone service. They may change at any time for any reason, with or without notice to you.

JAILATM MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE SMS TEXTING PROGRAM OR SERVICE (INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY SOFTWARE, TABLETS OR HARDWARE USED IN PERFORMING SERVICES, OR ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES).

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL JAILATM OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SMS TEXTING SERVICE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JAILATM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SMS TEXTING SERVICE OR WITH THESE RULES AND RESTRICTIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU ACKNOWLEDGE, BY YOUR PARTICIPATION IN THE SMS TEXTING PROGRAM, THAT YOUR USE OF THE TEXTING SERVICE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON THEN THE AGGREGATE LIABILITY OF JAILATM OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES, FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25).

The exclusions and limitations contained in these Rules and Restrictions will apply to the maximum extent permitted by applicable law, even if any remedy fails in its essential purpose.

  1. Enforcement of Rules and Restrictions.

BY PARTICPATING IN THE SMS TEXTING PROGRAM, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SMS TEXTING SERVICE IS SUBJECT TO THESE RULES AND RESTRICTIONS, THE TERMS OF USE AND PRIVACY POLICY ON THE JAILATM WEBSITE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF ARKANSAS, UNITED STATES OF AMERICA.

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