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© Securus Technologies, Inc. - Proprietary & Confidential Securus Technologies, Inc. | 69
<br />CONSUMER TERMS AND CONDITIONS
<br /> (1/17/2018)
<br />EMESSAGING TERMS AND CONDITIONS
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<br />Before you purchase postage, you must read and agree to these eMessaging Terms of Service (these “Terms of Service”) and any
<br />future amendments. These Terms of Service constitute a legally binding agreement between you and Securus Technologies, Inc.
<br />(“Securus”).
<br />1. NOTICE. Securus may amend these Terms of Service at any time by posting a revised version on our website. The revised
<br />version will be effective at the time we post it. We last modified these Terms of Service on December 16, 2017. If there is any
<br />inconsistency between these Terms of Service and either our Privacy Policy (located at securustech.net) (the “Privacy Policy”)
<br />or our Advanced Connect Terms of Use, these Terms of Service will control. Nothing in these Terms of Service will be deemed
<br />to confer any third-party rights or benefits.
<br />2. SERVICE. The Securus eMessaging Service (the "Service") allows you to send a message to an inmate at a correctional
<br />institution where the Service is enabled (any such correctional institution, the “Client”). For certain Clients, the Service allows
<br />you to include a photo or attachment with your message or allow an inmate reply for additional postage (i.e., stamps).
<br />Messages may be sent via [www.securustech.net] or the Securus Mobile App. To send a message and attachment, you must
<br />purchase postage with a credit card or debit card (collectively, a “Bank Card”).
<br />To use the Service, you must have an active Securus Online account. In addition, you will be required to provide Securus
<br />with certain information to allow us, among other things: to verify your identity; to verify the inmate’s identity; to receiv e
<br />appropriate Bank Card authorization; and any other information Securus’s Clients may require. Please refer to Securus’
<br />Privacy Policy for information concerning Securus’ use of this information.
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<br />3. PROPER USE. You agree that you are responsible for your use of the Service, your own communications, and for any
<br />consequences of your use of the Service. You agree that you will use the Service in compliance with all applicable local, state,
<br />and federal laws, rules and regulations (including any laws regarding the transmission of technical data exported from your
<br />country of residence), as well as the policies, procedures, and restrictions imposed by our Clients.
<br />You are fully responsible for maintaining the confidentiality of your account information (including your username and
<br />password). You agree to notify Securus of any unauthorized use of your password or account or any other breach of
<br />security.
<br />You must not, must not agree to, and must not authorize or encourage any third party to: (a) use the Service to transmit
<br />any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or is otherwise objectionable as
<br />reasonably determined by Client; (b) transmit any content that infringes upon another party's intellectual property rights or
<br />other proprietary, contractual, or fiduciary rights or obligations; (c) prevent others from using the Service; (d) use the
<br />Service for any fraudulent or inappropriate purpose; or (e) act in any way that violates Securus’ policies, as may be revised
<br />from time to time. Violation of any of the foregoing may result in non-delivery of the message or any attachment, immediate
<br />termination of your account without refund, and may subject you to state and federal penalties and other legal
<br />consequences. Securus may, but has no obligation, to investigate your use of the Service in order to determine whether a
<br />violation of these Terms of Service occurred or to comply with any applicable law, regulation, legal process, or
<br />governmental request.
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<br />4. CONTENT OF THE SERVICE. Securus and the Client may access, read, preserve, and disclose any information as it
<br />reasonably believes is necessary to (a) detect, prevent, or otherwise address fraud or security issues (including, without
<br />limitation, the filtering of messages and attachments); (b) satisfy any applicable law, regulation, legal process, or governmental
<br />request; (c) enforce these Terms of Service (including investigating of potential violations of these Terms of Service); (d)
<br />respond to user support requests; (e) protect the rights, property, or safety of Securus and its Clients; or (f) for any law
<br />enforcement, penological, investigatory, or other purpose. Securus will not be responsible or liable for the exercise or non-
<br />exercise of its rights under these Terms of Service.
<br />You agree that each message and attachments you send will be reviewed, monitored, and preserved by Securus
<br />and our Clients, and that you waive any privacy or other confidentiality rights you may have in the contents of
<br />your messages and attachments. If you are an attorney, you agree you will not use the Service to transmit any
<br />confidential or privileged communications, and (on behalf of yourself and your clients) you waive any claim
<br />against Securus or our Clients for violation of the attorney-client privilege.
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