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.
Texting Program Rules and Restrictions
By participating in
the SMS Texting Program, you agree to the following Rules and
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.
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.
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.
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
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
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
Sending and Receiving Messages.
How It Works.
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.
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.
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.
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.
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
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.
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.
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.
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.
MESSAGING SERVICE FEES ARE NOT REFUNDABLE except as
required by law.
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.
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).
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
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
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
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.