TEC of Jackson, Inc. (TEC) is providing users ("User") with access to the TEC Announce automated voice message delivery service, subject to the Terms and Conditions set forth below. Any new features, changes, updates or improvements of the TEC Announce Service, and the availability of new TEC Announce services, shall be subject to these Terms and Conditions unless explicitly stated otherwise.
Your Acceptance Of These Terms And Conditions
Please read these Terms and Conditions carefully before using for the TEC Announce Service. By using the TEC Announce Service, you agree to be bound by the Terms and Conditions set forth. If you do not wish to be bound by these Terms and Conditions, you may not access or use the TEC Announce Service.
Modification Of Terms
We reserve the right to modify and restate these Terms and Conditions, and any such modification(s) or restatement(s) shall be effective immediately upon being posted on this website.
Unless explicitly stated otherwise, any new features that augment or enhance the current TEC Announce Service, including the release of new TEC Announce properties, shall be subject to these Terms and Conditions. You understand and agree that the TEC Announce Service is provided "AS-IS" and that TEC assumes no responsibility for the timeliness, deletion, misdelivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these Terms and Conditions regularly. Your continued use of the TEC Announce Service shall be deemed to be your conclusive acceptance of all modifications to these Terms and Conditions.
As a condition of your use of the TEC Announce Service, you agree and warrant to TEC that you will not use the TEC Announce Service for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the TEC Announce Service in any manner that could damage, impair, disable or overburden the TEC Announce Service, interfere in any way with TEC's rights, interfere in any way with any other Subscriber's use and enjoyment of the TEC Announce Service, or otherwise infringe on any person's rights.
Specifically, you agree and warrant to TEC that:
You will not use, or attempt to use, the TEC Announce Service to send any unsolicited messages;
You will not use, or attempt to use, the TEC Announce Service to send any telemarketing messages;
You will only use the TEC Announce Service to send messages to your group members who have requested that you send them automated voice messages;
You will not use, or attempt to use, the TEC Announce Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights;
You will not use, or attempt to use, the TEC Announce Service in connection with any junk messages, spamming or messages that are duplicative or unsolicited in nature;
You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;
You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with TEC, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
You will not resell, or attempt to resell, the use of the TEC Announce Service without express, prior written consent from TEC;
You will not collect, or attempt to collect, or store information about the TEC Announce Service or other Subscribers, including contact information, without their consent;
You will not interfere, or attempt to interfere, with or disrupt connections to the TEC Announce Service or violate the regulations, policies or procedures of such connections;
You will not attempt to gain unauthorized access to the TEC Announce Service, other accounts, computer systems or networks connected to the TEC Announce Service, through password/PIN mining or any other means;
You will follow the letter and spirit of these Terms and Conditions and all applicable federal, state and local laws and regulations; and
You agree and TEC retains the right, at its sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of these Terms and Conditions. TEC may immediately terminate Subscriber's TEC Announce account if Subscriber's conduct is found to be inconsistent with these Terms and Conditions.
No Spam And Consent To Damages
TEC will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to TEC (and our User base) in numerous ways including, but not limited to, damaging the TEC brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships.
Compliance With Federal, State And Local Laws And Regulations
Subscriber agrees to comply with all federal, state and local laws and regulations governing the use of the TEC Announce Services by Subscriber and agrees to indemnify, defend and hold harmless TEC and its affiliates, its and their officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of said federal, state and local laws and regulations.
Subscriber expressly agrees to not violate any provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission's Telemarketing Sales Rule including the August 2008 Amendment at 16 CFR Part 310, or any other similar laws. Subscriber agrees not to violate these, or any other applicable laws governing the use of an automated voice message delivery and represents and warrants that its use of the TEC Announce Service will not cause TEC to violate these or other similar laws.
Subscriber agrees that it is the sole responsibility of Subscriber to abide by all applicable federal, state and local laws and regulations governing the use of the TEC Announce Services in the jurisdictions where Subscriber utilizes the TEC Announce Services. Subscriber understands and agrees that TEC will not be held responsible for damages to the User or any third-party incurred due to User's failure to abide by all applicable federal, state and local laws and regulations.
User may visit the Federal Communications Commission website at fcc.gov and the Federal Trade Commission website at ftc.gov. Please refer to the appropriate state Attorney General's office or other applicable offices for other rules and regulations pertaining to your intended application and use of the TEC Announce Service.
No Responsibility For Content
Subscriber acknowledges that TEC is a common carrier and the TEC Announce Service simply acts as a passive conduit for the distribution and transmission of information initiated by the Subscriber. Subscriber acknowledges that TEC has no obligation to screen, preview, or monitor such Content. By using the TEC Announce Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, and appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the TEC Announce Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will TEC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the TEC Announce Service.
Telephone Number Removal
If members of your group do not wish to receive messages, they may request that you take them off the contact list and you acknowledge that is solely the Subscriber's responsibility.
You agree, as a condition of your use of the TEC Announce Service, to provide TEC with accurate and complete information when registering for or using the TEC Announce Service, and to update and maintain such information. TEC has the right to suspend, restrict or terminate your use of the TEC Announce Service and to refuse any future use of all or portions of the TEC Announce Service if TEC has reason to believe that you have failed to comply with these requirements.
Restriction And Modification Of Service
You agree that TEC may limit your use of the TEC Announce Service, including without limitation the frequency and duration for which you may access the TEC Announce Service, and that TEC has no responsibility or liability for any unavailability or limitation on use of the TEC Announce Service. In addition, TEC reserves the right at any time to limit: access to, modify, change or discontinue the TEC Announce Service, or any part thereof, with or without notice. You agree that TEC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TEC Announce Service. You acknowledge and agree that TEC may establish general practices and limits, which may not be published, concerning the use of the TEC Announce Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the TEC Announce Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that TEC has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the TEC Announce Service. You acknowledge that TEC reserves the right to terminate any inactive or dormant account(s). You agree and TEC reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Service Fees And Charges
The basic account fees ("Service Fees") shall be provided at the rates set out in the TEC Announce Service Agreement pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. TEC may modify subscription Service Fees at renewal periods.
YOU AGREE THAT:
IF YOU USE THE TEC ANNOUNCE SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE TEC ANNOUNCE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR TEC ANNOUNCE MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO USERS WITH EMERGENCY-RELATED NEEDS.
TEC DOES NOT WARRANT THAT (i) THE TEC ANNOUNCE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE TEC ANNOUNCE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TEC ANNOUNCE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TEC ANNOUNCE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR TEC ANNOUNCE COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE TEC ANNOUNCE SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE TEC ANNOUNCE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM TEC OR THROUGH OR FROM THE TEC ANNOUNCE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation Of Liability
YOU EXPRESSLY AGREE THAT TEC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE TEC ANNOUNCE SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE TEC ANNOUNCE SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE TEC ANNOUNCE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE TEC ANNOUNCE SERVICE.
You agree to indemnify, defend and hold harmless TEC and its affiliates, its and their officers, directors, owners, employees, agents, other service providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of these terms and conditions by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree that TEC may communicate any notices to you, including notices of changes to these terms and conditions, through email, regular mail or by posting of those notices on this website.
Governing Law And Arbitration
These terms and conditions and the relationship between you and TEC shall be governed by the laws of the State of Mississippi without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TEC Announce Service or to the terms of these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with TEC exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.