Unified Messaging Terms and Conditions

BEFORE USING YOUR NEW AT&T UNIFIED MESSAGING^SM (UM) SERVICE, PLEASE READ THE FOLLOWING. Your use of the AT&T Unified Messaging service represents your agreement to these Terms and Conditions and, for business customers, the Terms and Conditions of the Business Services Agreement (BSA) found at corp.att.com/agreement/; or, for residential customers, the Terms and Conditions of the Residential Services Agreement (RSA) found at att.com/servicepublications. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of the AT&T Unified Messaging service represents your agreement to these Terms and Conditions. If you are unwilling to abide by these Terms and Conditions, please contact us immediately.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Description of Service
AT&T Unified Messaging service ("Service") is provided by Southwestern Bell Telephone Company; Pacific Bell Telephone Company; Illinois Bell Telephone Company, LLC.; Indiana Bell Telephone Company, Incorporated; Michigan Bell Telephone Company; Nevada Bell Telephone Company; The Ohio Bell Telephone Company or, Wisconsin Bell, Inc., (each individually and collectively referred to as "AT&T"). Please see the User Guide for more information on your AT&T Unified Messaging service. Unified Messaging subscribers must have a landline to order/keep the service. If landline service is terminated, UM service will also be terminated.

These Terms and Conditions apply to your mailbox only. The voicemail service described herein requires some regulated services such as: Touch-tone telephone service; call forwarding features for Call Forwarding Busy Line/Don’t Answer (CFBLDA), Customer Alerting Enablement (CAE) or Message Waiting Indicator (MWI), and Star Code Access to Voicemail if available. In some cases, the CFBLDA and MWI features may be included as part of your Service. If not, when you order Service, unless otherwise informed, an order is placed on your behalf with AT&T for these services. You can check with our office to verify if CFBLDA and MWI are included. The Busy Line/Don’t Answer Call Forwarding feature may prevent reception of operator-interrupt calls.

Prices
A monthly recurring charge and a one-time non-recurring charge apply. Monthly recurring charges are subject to change. Rates and requirements are based upon customer's local service provisioning arrangement (e.g., call forwarding). The rates may be based upon customer's term and volume commitment, if applicable. If they are, the term and volume selected by customer is specified on customer's Standard Term Agreement. If services are subscribed to under a term agreement (e.g., 1, 3, or 5 years), monthly prices are not subject to change during the term. For business customers, if at any time during the term in the Agreement, the number of mailboxes fall below the minimum level required for the selected commitment specified in the Standard Term Agreement the customer receives, customer will be billed an Under Utilization Charge of $10.00 per mailbox under the minimum commitment. The Under Utilization Charge will be in addition to the monthly rate for the provisioned mailboxes and will be assessed on customer's bill date. The parties agree this charge is reasonable because the monthly rate is based on a minimum number of mailboxes being provisioned at all times. If customer has signed a Standard Term Agreement, the Terms and Conditions of that agreement will control in the event those terms conflict with the Terms and Conditions herein. In the event the Term Agreement is silent as to a provision, term, or condition set forth herein, the provision, term, or condition set forth herein controls. Detailed rates and charges appear on your AT&T local telephone bill. If your local service is billed on a per-call or per-minute basis, you'll be charged for all local calls associated with the use of your Messaging service. You'll be charged for a local call every time you retrieve a message or otherwise access your mailbox using your local telephone number. You'll also be charged for a local call every time a caller leaves or attempts to leave you a message. For customers on calling plans, such calls will be counted against your monthly allowance. If you access your mailbox from outside your local calling area, you will incur applicable local toll or long distance charges. In addition, if you have purchased an AT&T Messaging service with wireless integration, calls forwarded to your mailbox from your wireless phone will not incur airtime charges. However, airtime charges will apply when using your wireless handset to retrieve messages. Contact your provider for rate information.

Changes to Terms and Conditions
AT&T reserves the right to modify these Terms and Conditions, including changing charges or discontinuing the provision of AT&T Unified Messaging at any time. AT&T will notify you of any price change or discontinuance before its effective date. No sales representative, independent or other, has the authority to change these Terms and Conditions. Customer may not incur any charges against a UM Access Number or against a mailbox number assigned to the Customer.

Availability
AT&T Unified Messaging services are not available on all residential and business classes of services. Service not available in all areas. Residential services are not available on non-residential lines and are not available under a term plan. AT&T Unified Messaging voicemail may be periodically unavailable for general maintenance. AT&T Unified Messaging integration with wireless, pager notification, reminders, and fax print are not available when toll free (i.e.: 800 type) numbers are used to access your UM mailbox.

AT&T Unified Messaging Web Interface
Use of the um.att.com mailbox, or other AT&T Unified Messaging mailbox, is subject to the AT&T Unified Messaging Acceptable Use Policy (AUP) available on um.att.com. The AUP is subject to change. Notice of change will be provided by posting the new AUP at the aforementioned link. Initial and continued use of the AT&T Unified Messaging service means that you have read, understand, and agree to the AUP. Software downloaded as part of the Web interface set-up process is subject to the End User License Agreement that accompanied that software. The AT&T Unified Messaging Web-based mailbox is accessed with an email address and a password. You are responsible and liable for all activities that occur under your address and password. You agree to (1) immediately notify AT&T if you suspect any breach of security pertaining to your AT&T Unified Messaging service; (2) exit from your mailbox at the end of each session; and (3) periodically change your password. AT&T may establish general practices and limits concerning use of the Web interface, including without limitation, limiting the maximum number of days that messages are retained and allocating/limiting storage space. You agree that AT&T shall not have responsibility or liability related to the storage and transmission of messages, including responsibility or liability for the deletion of messages, the failure to store or accurately/timely deliver messages, or the modification or malformation of messages.

Voicemail-To-Text (VMTT)
AT&T Unified Messaging may include a voicemail-to-text feature that provides automated transcription of your voicemail. AT&T is not responsible nor liable for: 1) errors in the conversion of or its inability to transcribe voicemail messages to text/email; 2) lost or misdirected messages; or 3) content that is unlawful, harmful, threatening, abusive, obscene, tortious, or otherwise objectionable. We do not filter, edit or control voice, text, or email messages, or guarantee the security of messages. We can interrupt, restrict or terminate VMTT without notice, if your use of VMTT adversely impacts AT&T's network, for example that could occur from abnormal calling patterns or an unusually large number of repeated calls and messages; or if your use is otherwise abusive, fraudulent, or does not comply with the law. You are solely responsible for and will comply with all applicable laws as to the content of any text messages or emails you receive from VMTT that you forward or include in a reply to any other person. You authorize AT&T or a third party working on AT&T's behalf to listen to, and transcribe all or part of a voicemail message and to convert such voicemail message into text/email, and to use voicemail messages and transcriptions to enhance, train and improve AT&T's speech recognition and transcription services, software and equipment. You agree that you will not publish or disclose results of benchmarking VMTT against competing products or services.

Additional charges may apply to receiving email on your wireless device from VMTT, as well as, replying to or forwarding VMTT messages via SMS (text) or email, depending on your plan. Transcription times cannot be guaranteed. You are responsible for providing a correct email address and updating the email address when changes to the email account are made.

Service Policy
Customer understands that AT&T may change or modify the AT&T Unified Messaging technology architecture that may result in customer experiencing lost messages or service disruptions and changing its telephone number to continue receiving AT&T Unified Messaging service.

Terms of Payment
Your AT&T Unified Messaging charges will appear on your AT&T local telephone bill, or on a separate bill for your AT&T Unified Messaging services. Payment is due on the date specified on the bill. If any portion of payment is received after the payment due date, a monthly late charge may apply. The monthly late charge will be administered according to applicable state tariffs, guidebooks and/or AT&T standard billing procedures and will not exceed the highest amount allowed by law. Telecommunication services may be disconnected for non-payment of your AT&T Unified Messaging charges, depending on service location.

Cancellation of Services
You may cancel your service at any time. If you have purchased a package or grouping of services from your AT&T local service provider, cancellation of your AT&T Unified Messaging service may impact your package/grouping. If you cancel your AT&T Unified Messaging service, you agree to pay a pro-rated amount for the used portion of the final month of your service. AT&T may cancel your mailbox service for non-payment of applicable charges. AT&T Unified Messaging is designed as a voicemail service – not an announcement service. Use of this service as an announcement service, and/or other improper or excessive use, may impair AT&T’s ability to provide reasonable service to other customers. AT&T reserves the right to cancel your service at any time, with or without notice, if as determined solely by AT&T based on its network/service design and usage experience your AT&T Unified Messaging service is (1) being used in an improper manner including but not limited to using it as an announcement service or for unlawful purposes, (2) generating excessive usage, (3) affecting AT&T's ability to provide reasonable service to other customers or (4) being used to interfere with another's use of the telephone/voicemail system.

Pager Notification
Pager Notification allows your pager to notify you when a message is received in your mailbox. Your pager can have either an email address or your pager can have a telephone number associated with it and must be set up through the Web User Interface. Paging service and equipment must be purchased separately. Other restrictions may apply. Use of Pager Notification to any device other than a pager (e.g. cellular/wireless phone number) may count as an incoming text message and be applied against your monthly allowance. Please check with your cellular/wireless provider.

Spam Policy
AT&T Unified Messaging has built-in unsolicited commercial email (SPAM) protection. AT&T Unified Messaging monitors its systems for detection of suspected SPAM being sent to its subscribers and addresses SPAM on two levels. AT&T monitors and compiles listings of domain addresses that are identified as the biggest SPAM offenders who are sending SPAM mail to um.att.com subscribers. These AT&T Unified Messaging-identified SPAM emails are completely blocked and will NOT be delivered to your AT&T Unified Messaging Inbox. Other emails received that appear they may be SPAM will be automatically marked as SPAM and passed to your Bulk Mail Folder. AT&T uses widely available lists of known SPAM domains to decide which messages to mark as SPAM. See mail-abuse.org for more information on this topic.

LIMITATION OF LIABILITY
AT&T SHALL MAKE REASONABLE EFFORTS TO PROVIDE CONTINUOUS, UNINTERRUPTED, AND ERROR-FREE SERVICES TO AT&T UNIFIED MESSAGING CUSTOMERS, BUT THE LIABILITY OF AT&T, ITS PARENT AND ITS AFFILIATES FOR FAILURE TO DO SO SHALL BE LIMITED TO A REFUND OF THE FEES PAID BY THE CUSTOMER FOR THE SERVICE FOR THE PERIOD OF INTERRUPTED OR ERRONEOUS SERVICE (THE PRORATED AMOUNT). NEITHER AT&T, NOR ITS PARENT, NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF INFORMATION, PROFITS OR BUSINESS OPPORTUNITY, ARISING FROM THE PERFORMANCE OR FAILURE TO PERFORM AT&T UNIFIED MESSAGING SERVICE REGARDLESS OF THE CAUSE OF SUCH FAILURE TO PERFORM, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. WHILE AT&T ATTEMPTS TO MONITOR AND MAINTAIN COMMERCIALLY REASONABLE SERVICE LEVELS BETWEEN ITS AT&T UNIFIED MESSAGING SERVICE AND AN INVOLVED WIRELESS COMPANY, WE CANNOT ENSURE ACCEPTABLE SERVICE LEVELS FROM THE PAGER SERVICE OR WIRELESS PROVIDER TO THE END USER. ANY CONCERNS OR QUESTIONS ABOUT YOUR PAGING OR WIRELESS SERVICE SHOULD BE ADDRESSED TO YOUR PROVIDER. THE PURPOSE OF THIS PROVISION IS TO LIMIT AT&T'S, ITS PARENT'S, AND ITS AFFILIATES' LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR THE PROVISION OF SERVICES.

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