Verizon Message+ (“Service”) is an application that provides an integrated and customized messaging experience across your mobile phone, tablet, PC, and other devices. You can also send group, location and other multimedia messages (“MMS”) in addition to traditional text messages. Before you start, we want you to know some important things about the Service.
This Agreement is between you as our Subscriber and Verizon Wireless (“VZW”) and it sets forth the terms and conditions under which you agree to use and we agree to provide the Service. By using the Service, you accept these Terms and Conditions. If you are a business user, then this Agreement is also between VZW and your company and by using the Service you represent that you are authorized to accept these terms on its behalf.
- Customer Agreement. This Service is subject to all of the terms in your agreement for wireless service with VZW. For consumers, when you signed up to be a customer of VZW, you entered into a Customer Agreement with us and this Service is subject to all of the terms in that Customer Agreement. The current version of the Customer Agreement can be found at: www.verizonwireless.com/b2c/support/customer-agreement. For business users, the agreement for wireless service between VZW and your company applies.
- HIPAA. Verizon Messages+ includes a feature called Integrated Messaging that stores messages in the cloud and enables you to synchronize message across multiple devices, including smartphones, tablets and the web. Integrated Messaging is not designed for secure transmission or storage of personal healthcare information. Therefore, it must not be used to store or transmit Protected Health Information (PHI) as defined in the Health Insurance Portability & Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and accompanying regulations (collectively “HIPAA”). If you are a Covered Entity or a Business Associate as defined by HIPAA, you must not use Integrated Messaging to store or transmit PHI. If your business is a Covered Entity or Business Associate as defined by HIPAA, or otherwise does not want its users to save messages to the cloud, an authorized representative must block Integrated Messaging. For further information, go to https://web.vma.vzw.com/BusinessProduct. To learn more about HIPAA, go to: http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html.
- Charges. Your download and use of the Service will be billed according to your messaging and data plans. The same rate will be charged per message per recipient regardless of whether you send your message from your mobile phone, tablet, PC, laptop, or other device. Group messages and messages with attachments will be charged at the MMS rate. Data usage charges apply when using preview, location, and search functions, and for the synchronization of messages among your devices. When using the Service outside of the US, Global Data charges will apply when you send and receive MMS messages. Visit www.vzw.com/global for more information.
- Message Retention. To make sure your messages are synched across your devices, we store the messages you keep on your devices for up to 90 days. When you delete a message from one device, we delete it from our servers and also from your other devices. This synching process may not be instantaneous. If you no longer want to use the Service on any device, then you must unsubscribe in the app Settings to stop the Service from synching and storing your messages. Deleting the app from a device or switching to another messaging application, even as the default messaging application on the device, will not stop the storage of messages unless you unsubscribe to the Service in the app Settings.
- Copyrights. The software for the Service allows you to choose to attach photos to your messages. You may choose to attach a photo from your own photo gallery, a new photo that you take, or a photo available for use from an Internet search (powered by Yahoo!) that you conduct. All photos are the sole responsibility of the person who originated such photos. We do not monitor or control the content you choose to send via the Service and, we disclaim all responsibility for such content. Photos that appear as a result of your image search of the Internet may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. You agree that you will not attach copyrighted photos in a way that infringes any copyright, and that you are wholly responsible for any copyright infringement resulting from your conduct. If you are unsure about whether your conduct is lawful, you should attach a link to the photo instead of the photo itself. If you believe that your photo has been provided by the search function in a way that constitutes copyright infringement please contact Yahoo!’s Agent for Notice as specified in its Copyright and Intellectual Property Policy, found at http://info.yahoo.com/copyright/us/details.html.
- Restrictions on Use. You may not, or allow others to, adapt, alter, modify, de-compile, reverse engineer, translate, or create derivative works of the Service or any included software.
- Termination. VZW may terminate or discontinue the Service at any time without notice, including if you breach this Agreement.
- Disclaimer of Warranty. THIS SERVICE AND ANY INCLUDED SOFTWARE IS PROVIDED ‘AS IS’, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VZW OR ITS LICENSORS.
- Driving Safety. VZW is not responsible for use of the mobile phone while driving, whether or not you choose to activate Driving Mode. Safe driving is your responsibility and should always be your first priority. Use of your mobile phone or other electronic devices while driving can cause distractions, even if you are using hands free devices or have activated Driving Mode. Consider turning off your mobile phone and allowing calls to go to voicemail, and never text or email while driving.
- Apple EULA. Your use of any apps downloaded from Apple’s App Store is also subject to Apple’s Licensed Application End User License Agreement, which can be found at http://www.apple.com/legal/itunes/appstore/dev/stdeula/.