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Terms and Conditions
Service
Description
AT&Ts
Internet Relay provides a new way for Telecommunications Relay Services
(TRS) customers to access The AT&T Relay Service, via the Internet,
instead of the public switched telephone network. AT&Ts
Internet Relay Service, also known as IP Relay, allows you to access
the relay service via your computer, web phone, personal digital
assistant, or any other Internet capable device through your Internet
Service Provider ("ISP"). By pointing your web browser to the
AT&T Internet Relay address http://relay.att.com you will be
able to access the relay operator and place a relay call to a standard
phone user pursuant to the terms and conditions set forth below.
You will get the same level of quality that you have come to expect
from AT&T Relay Service
right from your desktop.
Please keep in mind that Internet Relay Service
does not replace traditional land-line relay services
or offer all the call types that are required with
traditional land-line relay service. To use AT&Ts
traditional land-line Relay Service, please call
800-855-2883. For more information about AT&Ts
Relay Service please call 800-682-8786 TTY or 800-682-8706
Voice.
PLEASE
NOTE THAT THIS INTERNET RELAY SERVICE IS PROVIDED
BY AT&T. PLEASE READ AND REVIEW THE TERMS
AND CONDITIONS OF THE AT&T AGREEMENT BELOW.
BY USING THIS SERVICE YOU AGREE TO THE TERMS AND
CONDITIONS SET FORTH. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE
THE SERVICE.
AT&T
INTERNET RELAY SERVICE AGREEMENT
Agreement
& Conditions
THANK
YOU FOR USING AT&T INTERNET RELAY SERVICES. IN THIS AGREEMENT ("AGREEMENT"),
"YOU" AND "YOUR" MEAN THE CUSTOMER OF AT&T SERVICES DEFINED BELOW
AND "AT&T," "WE", "OUR," AND "US" MEAN AT&T CORP., AT&T RELAY SERVICES
AND ANY AT&T AFFILIATES AUTHORIZED TO PROVIDE YOU WITH SERVICE. BY
USING THIS SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH
ON THIS PAGE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE
DO NOT USE THE SERVICE.
This
Agreement may only be changed in the manner provided here.
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1. |
Service Description. |
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Internet
Relay provides a new way for Telecommunications
Relay Services (TRS) customers to access The
Relay Service, via the Internet, instead of
the public switched telephone network. AT&Ts
Internet Relay Service, also known as IP Relay,
allows you to access the relay service via
your computer, web phone, personal digital
assistant, or any other Internet capable device
through your Internet Service Provider ("ISP").
By pointing your web browser to the Internet
Relay address you will be able to access the
Relay Operator (also known as a communications
assistant or CA) and place a relay call to
a standard phone user.
Users
will be able and allowed to place domestic
local, toll, and long distance AT&T Internet
Relay calls to anywhere at no cost! For calls
terminating outside of the United States, please dial
AT&T Long Distance Relay at 1-800-855-2882. Other limitations apply
as set forth herein. Limited AT&T technical
support may be available, however, AT&T
shall have no obligation to provide technical
or customer service support for use of AT&T
Internet Relay Service.
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2. |
Technical
Requirements. |
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Current PC software & browser requirements to access AT&T Internet Relay are: Windows XP, or higher; and Microsoft Internet Explorer versions 6.x or higher. If you are using a different browser or PC software, you may contact AT&T technical support via email to determine whether it is feasible for you to access AT&T Internet Relay service. However, AT&T does not warrant that our technical support will be available to respond to you, or that it will be able to resolve technical access questions.
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3. |
Authorized Use. |
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To be an "Authorized User" you must
reside within and place the IP relay call
from within the domestic United States, including
Alaska, Hawaii, Puerto Rico, or the U.S. Virgin
Islands. AT&T may investigate and help
prevent potentially unlawful activity or activity
that threatens the network or otherwise violates
the customer agreement for this service. AT&T
reserves the right to investigate any abuse
and/or unauthorized of access of this service.
AT&T will not be held liable for costs
or damages arising directly or indirectly
from unauthorized use or access of the service.
AT&T will not be liable for any cost or
damage arising either directly or indirectly
from use of the service.
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4. |
Availability. |
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AT&T Internet Relay is intended to be available 24 hours-a-day and 7 days-a-week. Technical or service affecting situations may arise which can result in the service being temporarily unavailable. Service may also not be available at all times due to interruptions or technical problems with the Internet Service Provider, and other reasons. AT&T does not warrant that the service will be uninterrupted or error free or that defects in the service will be corrected. The service is being made available on an "as is, as available" basis.
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5. |
Types of Calls Allowed in AT&T Internet Relay Service:
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This
service permits you to place certain Internet
relay calls using AT&T Relay services as
set forth in Sections 1 through 5. Until further
notice as set forth in Section 15, all calls,
with the exception of 900 pay-per-call services
and international calls, are free to Authorized
Users. Service will be provided in English and
Spanish. The following additional limitations
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- Calls must originate from a number within the United States and/or its territories.
- For calls terminating outside of the United States, please dial AT&T Long Distance Relay at 1-800-855-2882.
- For calls to 900 pay-per-call services, please dial AT&T Long Distance Relay at 1-800-855-2882. AT&T
is not responsible for any billing incurred as a result of calls to 900 pay-per-call services. AT&T
is also not liable or responsible for the content of information transmitted or provided by 900 pay-per-call
services or providers.
- TTY-to-TTY calls ~ Operator Services for the Deaf (1-800-855-1155) are currently not available.
- Traditional VCO is not currently provided through internet relay service. However, relay callers can make use
of Two-line VCO calling. One advantage of Two-line VCO is that it provides both voice and text confirmation
of words you may miss over the phone. Here's how to use Two-line VCO:
- Connect to relay on your TTY or Internet Relay on your PC (www.relay.att.com).
- Type the area code and number of your second telephone line as the relay Number to Call.
- Your relay call will be transferred to a Communications Assistant (CA), identified by
number and gender, who will dial to your second line.
- When your second line rings, pick it up and voice to the CA to hold. You may also provide
any further special instructions at this time, such as "CA, I just need you to keep track of names and numbers."
- For phones with conference call feature:
- Press the conference button on your phone, then dial out directly to the person you want to call.
- Press the conference button again to connect all three parties: you (the VCO user), the CA and the hearing party.
- When your party answers, speak directly to the person you're calling over the phone. The CA's role is to type everything the
hearing party says so that you can see the text of the conversation on your monitor or printout in case you miss anything over
the phone.
- When you're finished with your call, simply hang up or let the CA know if you wish to make another call.
- Selection of Carrier of Choice (COC) is not available.
- AT&T reserves the right to seek reimbursement for all call types that are not permitted or available.
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6. |
Confidentiality. |
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Calls
made through AT&T Internet Relay are confidential.
AT&T Relay Operators (also known as communications
assistants), as required by law applicable
to regular relay services, will not disclose
any information from your conversation, and
no records of the conversations content
are kept.
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7. |
Security. | |
AT&T
has implemented technology and security features
and strict policy guidelines to safeguard
the privacy of your relay calls and any customer
identifiable information from unauthorized
access or improper use, and we will continue
to enhance our security procedures as new
technology becomes available.
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8. |
Fraudulent Use. | |
You
will not use the Services for any unlawful,
abusive, or fraudulent purposes, including,
for example, using the Services in a way that
(1) interferes with our ability to provide
Services to you or other customers; or (2)
avoids your obligation to pay for the Services
not offered in this trial. If AT&T has
reason to believe that you or someone else
is abusing the Services or using them fraudulently
or unlawfully, we can immediately suspend,
restrict, or cancel the Services without advance
notice.
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9. |
Indemnification: | |
YOU
AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR
ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE
FROM YOUR USE OF THE SERVICES. FURTHER, YOU
AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES
RELATED TO THE DEFENSE OF ANY SUCH CLAIMS,
INCLUDING ATTORNEYS´ FEES, UNLESS SUCH CLAIMS
ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE. THIS PROVISION WILL CONTINUE TO
APPLY AFTER THE AGREEMENT ENDS.
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10. |
Limitations of Liability: | |
NOTHING
IN THIS AGREEMENT LIMITS OUR LIABILITY, IF
ANY, FOR WILLFUL OR INTENTIONAL MISCONDUCT.
IF OUR NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF AT&T´s WILLFUL OR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, OR FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION, IT IS BASED.
WE WILL NOT BE LIABLE FOR ANY DAMAGES AND WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
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11. |
Warranties. | |
EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, AT&T EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
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12. |
Credit Allowances for Interruptions. |
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If
an interruption or failure of Services is
caused solely by AT&T and not by you,
the ISP provider, a third party or other causes
beyond our reasonable control, for billable
services only, you may be entitled to a credit
allowance as specified in the applicable Service
Guide.
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13. |
Dispute Resolution: | |
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.
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Binding
ArbitrationThe
arbitration process established by this section
is governed by the Federal Arbitration Act ("FAA"),
9 U.S.C. //116. You have
the right to take any dispute that qualifies
to small claims court rather than arbitration.
All other disputes arising out of or related
to this Agreement (whether based in contract,
tort, statute, fraud, misrepresentation or any
other legal or equitable theory) must be resolved
by final and binding arbitration. This includes
any dispute based on any product, service or
advertising having a connection with this Agreement
and any dispute not finally resolved by a small
claims court. The arbitration will be conducted
by one arbitrator using the procedures described
by this Section 13. If any portion of this Dispute
Resolution Section is determined to be unenforceable,
then the remainder shall be given full force
and effect.
The
arbitration of any dispute involving $10,000
or less shall be conducted in accordance with
the Consumer Arbitration Rules of the American
Arbitration Association ("AAA"),
as modified by this Agreement, which are in
effect on the date a dispute is submitted
to the AAA. The AAA´s Commercial Arbitration
Rules and fee schedules will apply to any
disputes in excess of $10,000, except as modified
herein. You have the right to be represented
by counsel in an arbitration. In conducting
the arbitration and making any award, the
arbitrator shall be bound by and strictly
enforce the terms of this Agreement and may
not limit, expand, or otherwise modify its
terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT,
OR IN AN ARBITRATION WITH A DISPUTE OF ANY
OTHER PERSON, OR RESOLVED ON A CLASS-WIDE
BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES
THAT ARE BARRED BY THIS AGREEMENT AND MAY
NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES
UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY
AUTHORIZED BY A STATUTE. YOU AND AT&T
BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES
THAT ARE EXCLUDED UNDER THIS AGREEMENT.
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Arbitration
Information and Filing Procedures. Before you
take a dispute to arbitration or to small claims
court, you must first write to us at AT&T, P.O.
Box 944078, Maitland, Florida 32794-4078, and
give us an opportunity to resolve the dispute.
Similarly, before AT&T takes a dispute to arbitration,
we must first attempt to resolve it by contacting
you. If the dispute cannot be satisfactorily
resolved within sixty days from the date you
or AT&T is notified by the other of a dispute,
then either party may then contact the AAA in
writing at AAA Service Center, 134555 Noel Road,
Suite 1750, Dallas, Texas 75240-6620 and request
arbitration of the dispute. Information about
the arbitration process and the AAA´s Arbitration
Rules and its fees are available from the AAA
on the Internet at www.adr.org,
or by contacting us at AT&T, P.O. Box 944078,
Maitland, Florida 32794-4078. The arbitration
will be based only on the written submissions
of the parties and the documents submitted to
the AAA relating to the dispute, unless either
party requests that the arbitration be conducted
using the AAA"s telephonic, on-line, or in-person
procedures. Additional charges may apply for
these procedures. Any in-person arbitration
will be conducted at a location that the AAA
selects in the state of your primary residence.
Arbitrations under this Agreement shall be confidential
as permitted by federal law. By notifying AT&T
within twenty days after commencing an arbitration
proceeding, you may elect to relieve both parties
to the arbitration of confidentiality obligations
ANY
CLAIM OR DISPUTE ARISING OUT OF THIS SERVICE OR
RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN
TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM
OR DISPUTE FIRST ARISES.
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Fees
and Expenses of Arbitration. You
must pay the applicable AAA filing fee when you submit your
written request for arbitration to the AAA. The AAA´s
filing fee and administrative expenses for a document arbitration
will be allocated according to the AAA´s Rules, except
as stated herein, for claims of less than $10,000, you will
only be obligated to pay a filing fee of $20 and we will pay
all of the AAA´s other costs and fees. For claims between
$10,000 and $75,000, you will pay a fee to the AAA of no more
than $375, and we will pay all of the AAA´s other costs
and fees. If you elect an arbitration process other than a
document ("desk") or telephone arbitration, you
must pay your allocated share of any higher administrative
fees and costs for the process you select. If you request
such an alternative process, or for claims of $10,000 or greater,
AT&T will also consider, upon receiving your request and
on a case-by-case basis, paying some or all of the AAA´s fees
and expenses that you would otherwise be allocated under the
AAA´s rules. You also may ask the AAA about the availability
of a pro bono arbitrator and/or a waiver or deferment of fees
and expenses from the AAA; more information about the AAA´s
rules and policies is available at the AAA´s website, which
is www.adr.org. Unless applicable substantive law provides
otherwise, each party will pay its own expenses to participate
in the arbitration, including attorneys´ fees and expenses
for witnesses, document production and presentation of evidence.
If you prevail before the arbitrator, however, you may seek
to recover the AAA´s fees and the expenses of the arbitrator
from us. If we prevail before the arbitrator, and if we show
that you acted in bad faith in bringing your claim, then we
may seek to recover the AAA´s fees and expenses of the arbitrator
from you.
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14. |
Miscellaneous: |
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a. |
No
Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
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b. |
Acts
Beyond Our Control.
Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
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Assignment.
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
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Notices.
Notices from you to AT&T must be provided as specified in this Agreement. Notice from you to AT&T made by calling AT&T is effective as of the date that our records show that we received your call. AT&T notice to you, to the extent applicable, may be by posting on our web site, newspaper ad, postcard, letter, call to your billed telephone number, revision to these terms and conditions or an email to an address provided to you.
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e. |
Separability.
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
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f. |
Governing
Law. This
Agreement will be governed by the law of the State of New York, without
regard to its choice of law rules, except that the arbitration provisions
in Section 13 will be governed by the Federal Arbitration Act. This
governing law provision applies no matter where you reside, or where
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Entire
Agreement. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in Section 15 below. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor AT&T is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
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15. |
Changes to This Agreement. |
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This
Agreement may only be changed in the manner
provided here.
We may change this Agreement from time to time. If we make any changes to the prices or charges, we will post them on the web page for the terms and conditions for AT&T Internet Relay Services. Posting on the web page satisfies any applicable notice requirements.
IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES.
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©
2002 AT&T. All Rights Reserved.
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