Pay Tel Communications, Inc.

Terms of Use

USER TERMS OF ACCEPTABLE USE, RIGHTS AND OBLIGATIONS AGREEMENT

Effective October 20, 2023

Definitions

For the purpose of this User Terms of Acceptable Use, Rights and Obligations Agreement (these “Terms of Use”), the following terms shall have the following meanings:

Parties:

“Company”, “Pay Tel”, “we”, “us” or “our” means Pay Tel Communications, Inc.

“You”, “your” or “user” means anyone who uses or purchases the products or services that we offer and/or who accesses or uses the Site and Services. A user can be an individual person or an agent. A user must be an individual over the age of eighteen (18) for the purposes of these Terms of Use, rights and obligations, site-use license, and Privacy Policy. The Site and Services are not directed to children and are intended for use by individuals who are at least eighteen (18) years of age. If you are under eighteen (18), you may use the Site and Services only with the permission of a parent or guardian. If you are a parent or guardian and you allow your child that is under the age of eighteen (18) to use the Site and Services, then you are responsible for your child’s activity while using the Site and Services, subject to these Terms of Use.

“Correctional Facility” or “Facility” means any correctional facility, detention center, jail or other similar institution having an active contract, agreement or other similar understanding with Pay Tel pursuant to which Pay Tel provides services to the facility’s incarcerated population through Pay Tel’s products, software, and/or website.

Site and Services:

“Website(s)” means www.paytel.com and/or www.paytelconnect.com

“Mobile Application” means Pay Tel Connect™

“Products and Services” means Calling Services, inteleMESSAGE™ messaging service, Photo Sharing, inteleSCAN™ mail scanning solution, inteleVISIT™ video visitation service

“Site and Services” collectively means the Websites, Mobile Application, Products and Services.

Other Definitions

Other terms used in these Terms of Use are defined in the context in which they are used and shall have the meanings there indicated.

Scope

These Terms of Use shall apply to and govern your use of and access to the Site and Services. These Terms of Use, are an addition to, and do not override, any other specific terms and conditions otherwise made available by Pay Tel that are applicable to the services offered by Pay Tel. To the extent that such other terms and conditions conflict with these Terms of Use, the terms governing the specific transaction between you and Pay Tel will govern to the extent of such conflict. By using the Site and Services or by clicking “accept” when you register for use of the Site and Services or when otherwise prompted to do so, you agree to be legally bound by these Terms of Use and by Pay Tel’s Privacy Policy. Please review our Privacy Policy, the terms of which are incorporated into these Terms of Use by reference. If you do not agree to all of the terms and conditions of these Terms of Use and the Privacy Policy, you should not use this Site and Services and must leave it immediately.

Modifications/ Limitations

Pay Tel reserves the right, in its sole discretion, to update or modify these Terms of Use at any time without notice to you. Your use of the Site and Services following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as so modified. For this reason, we encourage you to review these Terms of Use prior to each use of the Site and Services.

Employees of the Company are not authorized to modify these Terms of Use, either verbally or in writing. If any employee of the Company offers to modify the Terms of Use, they are not acting as an agent of the Company or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the Company or anyone else purporting to act on our behalf to the extent that such statement or communication is contradictory to the then-current Terms of Use.

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site or Services at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services of the Site and Services. You understand that we may restrict access to the Site and Services at any time for maintenance, and we shall in no way be held liable for damages that may arise from this restriction of access.

General Terms of Use, Obligations

Pay Tel will comply with and is bound by all laws and regulations applicable to the Site and Services. By using the Site and Services, you agree to be bound by the same laws and regulations, to the extent they are applicable.

You agree to provide true, accurate, current and complete information when registering with our Site and Services. It is your responsibility to maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or outdated, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or outdated, we reserve the right to suspend or terminate your account with or without notice and to refuse any and all current and future use of the Site and Services by you.

By using the Site and Services, you agree to accept all information, documents, communications, files, text, graphics, software, and products that communicate to your computer, mobile phone or other electronic device.

By supplying contact information to Pay Tel, you agree that Pay Tel may contact you by telephone, electronic mail, or text message (even if you are listed on any federal or state “Do Not Call” registry) about any application for any service through the Site and Services, the status of any such application, any alternatives available to you in the event your application is rejected, and any and all other services or communications that, in the sole discretion of Pay Tel, are necessary to provide the Site and Services. Such communications include without limitation SMS notifications, scheduled visit reminders and low balance notifications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You are solely responsible for the conduct of you and any third party using the Site and Services through your account. You agree to defend, indemnify and hold harmless Pay Tel, and its affiliates, and their respective officers, employees, shareholders, representatives and agents (each individually a “Pay Tel Party” and collectively, the “Pay Tel Parties”), from and against all claims, losses, damages, demands, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs of investigation) (collectively, “Claims”) arising out of or related to (i) a breach of your obligations under these Terms of Use or applicable law or regulation (including, without limitation, copyright and other intellectual property laws), (ii) fraud, gross negligence or willful misconduct by you, (iii) use of the Site and Services by you intending to threaten, harass, intimidate or defame any third party, and (iv) any of the information or other resources conveyed or provided by you through the Site and Services.

Pay Tel shall have no liability or other responsibility for Claims arising from or related to (i) alteration of the Site and Services by you or by a third party, except at the instruction of Pay Tel, or (ii) any failure that arises out of your use of the Site and Services with any hardware, configuration, platform or operating system not provided by Pay Tel, including, without limitation, any failure related to or arising from (iii) your inability to connect to or access the Site and Services (iv) problems related to your computer, mobile device, or other hardware, software, network, network setup, security or your Internet service provider, or (v) any other similar problem that impacts your ability to use the Site or Services.

Except as otherwise set forth in your written agreement with Pay Tel, if any, you are solely responsible for providing, maintaining and properly operating any equipment, software or third-party service necessary to use the Site and Services. You agree not to access the Site and Services via a mobile device while engaged in driving a motor vehicle or under any circumstance in which it is reasonably foreseeable that such use of the Site or Services may cause distraction resulting in harm or result in physical injury or property damage to you or another person. Pay Tel hereby specifically disclaims all liability for, and you hereby agree to indemnify and hold harmless Pay Tel for any Claims arising from your conduct in violation of the foregoing restriction.

The Site and Services may contain links to third-party applications (apps), websites, resources or data. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability and accuracy of these third-party apps, websites, resources or data; or (ii) the content, products or services on or available from these third-party apps, websites, resources or data. You acknowledge that you are solely responsible for, and assume all risk arising from, the use of any of said third-party apps, websites, resources and data. Links to third-party apps and websites are not intended as endorsements or referrals by the Company of any products, services or information contained on the applicable apps or websites. These Terms of Use do not apply to third-party apps and websites, including the content of and your activity on those apps and websites, except to the extent such third-party apps and websites are incorporated into the Site and Services. You should review the terms of service, privacy policies, and all other application and website documents applicable to such third-party apps and websites to inform yourself of the regulations, policies, and practices governing the use of said third-party apps and websites.

Specific Prohibitions

You agree that your use of the Site and Services is for your own personal, non-commercial use. The license we grant to you to access and use our Site and Services is fully revocable, non-exclusive and non-transferable.

You may not hyper-link, “hot link,” or otherwise affect the connection or association of the Site and Services to any other website or web domain without the express written consent of Pay Tel, which shall, if granted, shall be in a separate written agreement between you and Pay Tel.

You are prohibited from interfering in any way, form, or fashion with the function of, the information contained in, the configuration of, and the purpose of the Site and Services.

You may not access, visit or use the Site and Services for any purpose other than the intended purpose for which we make the Site and Services available to you, in accordance with all applicable legal requirements, federal, state and local laws and regulations, and Correctional Facility policies.

You are also prohibited from using the Site and Services for any and all illegal or improper (as determined by Pay Tel) purposes. Pay Tel has the right to exercise all available legal recourse, including without limitation pursuing prosecution under the Federal Computer Fraud and Abuse Act.

You may not facilitate or permit anyone else to, directly or indirectly, conduct prohibited activities in relation to the Site and Services. Your violation of these Terms of Use, the security of the Site and Services, or any other terms applicable to the Site and Services is prohibited and may result in criminal and civil liability. Pay Tel reserves the right to investigate incidents involving such violations and to cooperate fully with law enforcement if a criminal violation is identified or suspected. The following is a list of examples and types of actions that you may not engage in with respect to the Site and Services. This list is in no way intended to be exhaustive or limiting with respect to such prohibited activities:

• Use or attempt to use any software, tool, agent or other device or mechanism to navigate, search, and/or extract information from our Site and Services or in any way reproduce or circumvent the navigational structure or presentation of the Site and Services.
• Engage in any automated use of Site and Services, such as using scripts, spiders, web crawlers, bots/robots to send comments or messages or for any other purpose.
• Gain unauthorized access to our site, resources, data or systems, including any attempts to probe, scan, or test the vulnerability of our Site and Services or to breach the security or authentication measures.
• Perform unauthorized monitoring of data or traffic, or interfere with service to any other user, host or network.
• Interfere with or disrupt the Site and Services or servers or networks connected to the Site and Services.
• Introduce viruses, Trojan horses, worms, malware, or other material that is malicious or technologically harmful.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site and Services.
• “Frame” or “mirror” any part of the Site and Services without Pay Tel’s prior written consent.
• Transmit, or procure the sending of, any advertising or promotional material or spam.
• Use the Site and Services for any commercial or business purpose.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble, or create derivative works based on all or any portion of the Site and Services or any software used on or for the Site and Services.
• Copy and paste or otherwise pass messages between or act as a courier between incarcerated individuals.
• Attempt to impersonate another user or person or in any manner provide false identity information to gain access to the Site and Services.
• Use any information obtained from the Site and Services in order to harass, abuse or harm another person.
• Participate in criminal or tortious activity, including pornography of any kind, fraud, trafficking in obscene material (including but not limited to controlled substances or humans), drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement or theft of trade secrets.
• Send, knowingly receive, upload, download, use or re-use any material that is harmful, threatening, abusive, harassing, defamatory, libelous, invasive of any individual’s privacy, or harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
• Promote any criminal activity or enterprise or provide instructional information about illegal activities.
• Disrupt, interfere with or inhibit any other person’s use and enjoyment of the Site and Services.

User Accounts and Related Responsibilities

As a condition of using certain features of the Site and Services, you may be required to register for an account and choose a User ID and password. You may not: (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization and/or consent; (iii) use as a User ID a name that is offensive, vulgar, or obscene. We reserve the right to refuse registration of, or to cancel, a User ID in our sole discretion.

As a condition of using certain features of the Site and Services you may be required to provide a copy of a government issued form of identification bearing your photograph, such as a driver’s license or passport, for the purpose of verifying your identity. By providing such documentation, you agree that an image of this identification may be provided to law enforcement or Correctional Facility staff, subject to the terms of our Privacy Policy.

You alone are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer or other electronic device. You are responsible for any activity that may occur under your account while logged in to the Site and Services. You understand that if a breach of your account is observed, you are to cease use of the account and notify us immediately. You understand that it is also your responsibility to log out of your account after each and every session. We are not liable for any Claims arising from or related to your failure to secure your devices or follow these procedures. Pay Tel expressly disclaims all obligations, responsibility and liability in connection with your use, distribution, disclosure or management of your login information.

You acknowledge, consent and agree that it may be necessary to share your account information in order to investigate, prevent, or take action against illegal activities, suspected fraud, situations involving potential threats to the physical safety of a person, violations of these Terms of Use, violations of Correctional Facility policies, or as otherwise required by law.

Subject to the terms and conditions of our Privacy Policy, in the event that you provide any billing information to Pay Tel by or through the Site and Services, including without limitation credit card numbers/information, check card numbers/information, checking account routing/account information or any other means for payment, you agree that you are responsible for any and all use of such information by any party for the purchase of services provided by Pay Tel. You represent and warrant that you are authorized to use such credit or debit card or other payment option. Furthermore, you agree to indemnify, defend and hold harmless Pay Tel Parties from all Claims arising out of or related to the unauthorized use of such payment information. You hereby acknowledge that your only remedy, if any, shall be such remedies provided by your issuing financial institution or under applicable law.

Subject to these Terms of Use and our Privacy Policy, and until all amounts due from you have been paid in full to Pay Tel, you hereby authorize Pay Tel to charge to or debit from any credit or debit card or payment device provided by you, including without limitation all payments, taxes and additional fees. If the card or other payment option cannot be verified, is invalid or otherwise not acceptable, your access to the Site and Services may be suspended or terminated by Pay Tel without notice and Pay Tel may generate invoice(s) for payment by you. You shall be responsible for and immediately pay to Pay Tel upon demand any payments made on your credit or debit card or other payment option that are subject to a subsequent reversal. Disputed charges must be brought to the attention of our Customer Service department (via phone, email, live chat or mail) within 120 days after the charge in question is incurred. All charges incurred must be paid in United States dollars regardless of the location(s) of you, any visitor or incarcerated individual.

Pay Tel reserves the right to immediately and without notice terminate or suspend your account and/or access to our Site and Services. We may carry out such suspension or termination, in our sole discretion, for any reason or specific cause. Examples of specific causes for suspension and termination include but are not limited to:

• Breaches or violations of these Terms of Use or other incorporated agreements or guidelines;
• Violation of any Correctional Facility policy;
• Requests by law enforcement or other government agency(ies);
• A request by you (self-initiated account deletion);
• Discontinuance or material modification of our website or mobile application (or any part of);
• Unexpected technical or security issues or problems;
• Extended periods of inactivity; and
• Activity by you that is objectionable, obscene, harassing, threatening, abusive, inappropriate, fraudulent, illegal, or that constitutes a breach of this contract or any other contract between you and us.

Monitoring Communications and Correctional Facility Rules

Subject to the terms of our Privacy Policy, you agree that use of the Site and Services is not considered confidential. You acknowledge and agree that we may, and the Correctional Facility where an individual with whom you are communicating is incarcerated may, monitor or record calls and video visits, electronic messages (including but not limited to mail, photos and text messages), uploaded documents, and other similar communications sent or received using the Site and Services. You understand and acknowledge that all communications data and recordings are the property of the Correctional Facility, not Pay Tel.

Pay Tel or the applicable Correctional Facility may review, reject or delete any content, messages, photos, phone calls, video visit sessions, postal mail or other materials sent through or handled by the Site and Services, in each case in whole or in part, that in the sole judgement of Pay Tel or the applicable Correctional Facility, violates these Terms of Use, the Correctional Facility’s policies, or that might be offensive, illegal, or otherwise harm, threaten or violate the rights of others. Pay Tel has no control or enforcement responsibilities on behalf of any Correctional Facility, provided, that as a condition of your use of the Site and Services and as a material obligation of these Terms of Use, all users must comply with the policies, rules, procedures, and administrative guidelines of a Correctional Facility to the extent they apply to your use of the Site and Services. Although Pay Tel cannot verify or confirm the legal authority by which any Correctional Facility policies are set forth, if Pay Tel is notified that the Site and Services are being used in such a way to circumvent or bypass any administrative settings or in violation of Facility rules or policies, we reserve the right to suspend or terminate the user account and take further remedial action.

You understand and acknowledge that rules, policies and procedures may differ for each Correctional Facility and for each incarcerated individual due to a wide variety of conditions beyond Pay Tel’s control, and that Pay Tel has no ability or obligation to ensure that any incarcerated individual is available for or allowed use of any specific service offering. You hereby acknowledge and agree that Pay Tel shall not be liable for any Claims arising from or related to any incarcerated individual’s inability or restricted ability to participate in any service offering.

Attorney, Legal Representative or Clergy Visitors- Privileged/ Confidential Communications

IF YOU ARE A LAW FIRM, ATTORNEY, LEGAL REPRESENTATIVE OR CLERGY MEMBER USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONTACTING THE APPLICABLE CORRECTIONAL FACILITY(S) IN WHICH YOUR CLIENT(S) AND/OR INMATE CONTACTS RESIDE AND SECURING ANY APPROVAL FOR PRIVILEGED/CONFIDENTIAL USE OF APPLICABLE COMMUNICATIONS. LAW FIRMS, ATTORNEYS, LEGAL REPRESENTATIVES AND CLERGY MEMBERS, WITH APPROVAL FROM THE FACILITY, MAY BE PERMITTED SPECIAL PERMISSIONS INCLUDING WITHOUT LIMITATION NOT RECORDING OR LIVE AUDIO MONITORING CALLS AND VIDEO VISIT SESSIONS. YOU ACKNOWLEDGE SUCH SPECIAL PERMISSIONS ARE AT THE SOLE DISCRECTION OF THE CORRECTIONAL FACILITY AND PAY TEL HAS NO DECISION-MAKING AUTHORITY IN THE MATTER. ABSENT THE APPROPRIATE APPROVAL, COMMUNICATIONS WITH YOUR CLIENTS AND/OR INMATE CONTACTS THROUGH OUR SERVICES WILL BE RECORDED AND MAY BE MONITORED. RECORDINGS AUTHORIZED HEREUNDER ARE NOT AUTOMATICALLY DELETED, AND YOU SHOULD CONTACT THE APPLICABLE CORRECTIONAL FACILITY REGARDING POSSIBLE DELETION OR PURGING OF SUCH COMMUNICATIONS. PLEASE NOTE THAT THESE RULES AND PROCEDURES MAY VARY BY JURSIDICTION, AGENCY-SPECIFIC REGULATIONS AND THE PARTICULAR EQUIPMENT AND PROCEDURES APPLICABLE AT EACH CORRECTIONAL FACILITY. WE ADVISE YOU TO REVIEW THE CORRECTIONAL FACILITY POLICIES AND LOCAL RULES WITHIN YOUR JURISDICTION TO CONFIRM THE PROCEDURES TAKEN BY THE CORRECTIONAL FACILITY. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US ARISING FROM OR RELATED TO THE RECORDING OF COMMUNICATIONS AUTHORIZED HEREUNDER OR AS OTHERWISE PERMITTED UNDER YOUR AGREEMENT WITH PAY TEL.

Additional Terms for Products and Services

In order to use certain Services, you may be required to have a device equipped with minimum system requirements. Depending on the type of Services you use, you will need to have a device equipped with webcam/camera, headset or speakers, and microphone to allow the video and audio portions of Services to connect.

The minimum operating system required for mobile devices is as follows:

	Minimum OS
Android	SDK 29/ 10.0 or higher
iOS	13.0 or higher

The minimum requirements for web browser are as follows:

Browser	Minimum Version	Preferred Version
Chrome	80	97 or higher
Edge	79	97 or higher
Firefox	72	96 or higher
Safari	13	16 or higher
Safari iOS	13	16 or higher

These minimum requirements may be altered at any time at Pay Tel’s sole discretion.

Charges and Fees for Services:

Some services offered by Pay Tel incur a charge for use. The fees and charges for use of Pay Tel’s services may vary based on the Correctional Facility where an individual is incarcerated and other circumstances outside of Pay Tel’s control. We reserve the right to change the fees charged for use of Pay Tel’s services periodically, in our sole discretion. By using the Site and Services, you agree to (i) pay the posted rates and any other related fees and taxes for the applicable Services, and (ii) indemnify, defend and hold harmless Pay Tel Parties for any Claims arising out of or related to the prices or other fees charged for the applicable Services. Pay Tel will fully comply with all State and Federal regulations applicable to regulated services provided at Correctional Facilities we serve. Rate information is offered, as required, through the Site and Services, available through the “What’s My Cost” section on the site. Note that Pay Tel will calculate, collect and pass through to you any taxes or mandated regulatory fees applicable to the Site and Services.

Calling Services:

Pay Tel has developed multiple quick and easy options for you to open an account with us and Pay Tel offers several calling options to help you stay connected. Each option allows for secure call completion to landlines, cell phones, VoIP phones and more:

• PayTelPREPAY™ – A Prepaid Account where you pay for your calls before receiving them. With the Prepaid Account option, there is no credit check.
• PayTelDIRECT™ – A Direct Billed Option (for credit qualified customers) where we bill you for accepted calls on a monthly basis.
• PayTelDEBIT™ – An option that allows the inmate to use his/her own trust account funds to pay for phone calls (available at selected facilities) from the moment they are booked into a Facility.
• Prepaid Debit Cards – Pay Tel offers a prepaid debit calling card option (available at selected facilities) which allows inmates to purchase cards as a commissary item and use the cards to place calls through the CenturionITS™ phone to any number allowed by the Facility. This option provides an alternative to PayTelDebit™ at the discretion of the Facility.
• Just1Call™ -- Allows the called party to pay for a single call, without the need to set up an account. This option is ideal for families accepting calls from inmates who will be released in a short time period. The price is based on the standard, regulated call rate at the Correctional Facility plus the automated payment processing fee and any applicable taxes.
• First Call Free with Customer Account Set-Up
  If the called party’s number does not have an account with Pay Tel, then the inmate is allowed a free one-minute call. The called party is told that by receiving the complimentary call that they are agreeing to discuss alternative billing methods after the call is completed. Rather than blocking these numbers, our “First Call Free” program allows the inmate to speak with the called party to address emergency issues (need for medication, bail, etc.). After the complementary call is completed, the called party is then given the option to pay for Just1Call™ (described above) with a debit or credit card and continue the conversation or immediate access to a customer service agent to set up an account to receive future calls.

You will be billed by the minute used during each call. The system does not bill in advance for minutes of use. At the end of the call, you will be billed for only the actual minutes used during the call rounded up to the next full minute. Call timing begins when each call is accepted and ends when the call disconnects for any reason.

Important Note: For Just1Call™ only, there will be a hold placed on the method of payment provided on your account for the full allowable duration of the call, which varies by Facility. However, at the end of the call, the hold will be removed, and you will be billed for only the actual minutes used during the call.

Pay Tel offers a special direct billing program for Attorneys and Bail Bonds providers. Contact Customer Service for assistance.

PRIVILEGED COMMUNICATIONS WARNING: If you are a law firm, attorney, legal representative or member of clergy you must follow the appropriate process for attaining permissions for privileged/confidential communications as outlined in these Terms of Use. We advise you to contact the Correctional Facility for guidelines and procedures and review the Correctional Facility’s policies and local rules within your jurisdiction to confirm the procedures taken by the Facility.

The terms of our agreement with Correctional Facility(s) allow the Facility to record, monitor, screen and intercept communications through our systems. We acknowledge that certain communications made through the calling platform are privileged/confidential and therefore eligible to be exempt from recording/monitoring. It is your responsibility to contact the Correctional Facility according to their policies/procedures to request that your communications with inmates be treated as privileged/confidential. The Correctional Facility will then follow its procedure for verification and notify Pay Tel accordingly. Pay Tel will only set a contact/ number as privileged/confidential based upon a request of an authorized contact at the Correctional Facility. If a communication is not identified as privileged/confidential in advance by the Correctional Facility, the communication will not be deemed a privileged/confidential communication and will be subject to recording and monitoring.

All call recordings are the property of the Correctional Facility, not Pay Tel.

InteleMESSAGE™ messaging service:

InteleMESSAGE™ is a messaging service application that provides secure two-way electronic communication between incarcerated individuals and their friends and family. Use of the messaging application is subject to control by the Correctional Facility. All messages are subject to monitoring and review and should never be used for privileged/confidential inmate communications. Messages will be retained in accordance with Facility record-retention policies. ALL messages are subject to review.

You understand and acknowledge:

• You will be charged the specified rate for each message sent, unless the message is sent "collect" asking the recipient to pay for the message.
• Collect messages will not be viewable until the recipient agrees to pay for the message.
• Free messages granted to your account (if any) will be applied before you are charged for any message.
• If a paid message is rejected for any reason, your account will be automatically credited for the cost of the message. Free messages rejected for any reason will not be refunded.
• Any message content which is detrimental to the security and order of the Facility is prohibited and will be rejected. Prohibited content includes, but is not limited to the following:
  • Messages written in code;
  • Messages that describe the construction or use of weapons, ammunition, bombs or incendiary devices;
  • Messages that describe methods of escape;
  • Messages that describe procedures for brewing of alcoholic beverages or manufacture of drugs or unlawful substances;
  • Messages that include gang-related information;
  • Messages that describe or encourage the use of violence;
  • Messages that describe illegal activity or encourage or recount illegal activity;
  • Messages that are sexually oriented in nature;
  • Any message that the Facility determines to be a security concern
  Continued attempts to send messages which are rejected may result in loss of messaging privileges.

PRIVILEGED COMMUNICATIONS WARNING: Notice to legal counsel or members of clergy: inteleMESSAGE™ communications with your incarcerated clients or contacts are subject to review and are not an appropriate method of privileged/confidential communication.

SPECIAL TERMS FOR GIFT MESSAGE PACKAGES:

• Gift Message Packages are only available for purchase by friends and family outside of the Facility and are designed to be given to an inmate as a gift.
• By purchasing a Gift Message package, you are agreeing to pay for and send a package of messages to a particular inmate.
• The cost of the selected Gift Message package will be deducted from your Pay Tel account balance and is not refundable.
• Once the inmate Gift Message package is given to the inmate, he/she may use them to send a message to any one of their contacts.
• Gift Message value is limited to the number of messages included in the package and, as such are not refundable. Please select a package size that the inmate will be able to use prior to release.
• Gift Messages are sold in packages as shown on the www.paytelconnect.com website or Pay Tel Connect™ mobile application and may not be purchased individually. Each package will be for a specific number of messages and may or may not include additional “free” messages if a promotional offer is in effect at the time of purchase.
• As indicated above, all messages including Gift Messages are subject to review and should not be used for privileged communications with legal counsel.

IMPORTANT REMINDER FOR INMATES RECEIVING GIFT MESSAGE PACKAGES:

• Gift Message Packages are not refundable, and their value is limited to the number of messages included in the package. Please be sure to use your gift messages prior to release.
• Gift Message Credits and Free Messages (if any) will be applied before you are charged for any message.

Photo Sharing Feature:

Pay Tel’s Photo Sharing feature allows anyone with a Pay Tel account to quickly upload and share a photo with an incarcerated loved one at a Correctional Facility that has opted to allow use of this feature/ service. There is a nominal charge per photo. Photos are stored in the recipient’s Electronic Briefcase which is accessible via the inteleTABLET™, secure tablet device.

For security purposes, photos are subject to automated content screening and review by Correctional Facility personnel before they are delivered to the intended recipient. The automated screening process is designed to detect nudity or risqué content. If detected, the photo will not be sent and there will be no charge to the sender. Photos must comply with Correctional Facility policies for content and subject matter. Facility personnel have the option to review photos for other inappropriate content and have the ability to reject a photo. If this occurs, the photo will not be available to the recipient and the photo charge will be reversed.

InteleSCAN™ mail scanning solution:

InteleSCAN™ is a secure, off-site mail scanning solution that provides for non-legal mail to be received and scanned by a mail processing center. Approved mail is placed in the inmate’s Electronic Briefcase which is accessible via the inteleTABLET™ or inteleKIOSK™, secure tablet or kiosk device. The purpose of the inteleSCAN™ mail scanning solution is to reduce and/or eliminate risk of mail containing potentially dangerous contraband being delivered directly to the Correctional Facility. Correctional Facility staff view and approve or reject incoming mail based on the policies established by/for their Facility.

Each Correctional Facility has a unique set of guidelines and procedures regarding the mail scanning solution. Refer to the county’s website in which the Correctional Facility resides or contact the Correctional Facility directly for instructions and a complete set of guidelines. There is no fee charged to sender or recipient for mail outside of the standard fees and rates established by the postal service used to send to the mail processing center.

PRIVILEGED COMMUNICATIONS WARNING: If you are a law firm, attorney, legal representative or member of clergy you must follow the appropriate process for sending LEGAL mail to your client(s) or inmate contact(s). We advise you to contact the Correctional Facility for guidelines and procedures and review the Correctional Facility’s policies and local rules within your jurisdiction to confirm the procedures taken by the Facility. Pay Tel does not handle or address LEGAL mail through our service offering.

InteleVISIT™ video visitation service:

InteleVISIT™ is a video visitation service that provides secure two-way onsite and remote video visit sessions between incarcerated individuals and their friends and family. Use of the video visitation service is subject to control by the Correctional Facility.

The terms of our agreement with each Correctional Facility allow the Facility to record, monitor, screen and intercept communications through our and their systems. Video visit session recordings will be retained in accordance with Correctional Facility record-retention policies. All video visit session recordings are the property of the Correctional Facility, not Pay Tel.

PRIVILEGED COMMUNICATIONS WARNING: If you are a law firm, attorney, legal representative or member of clergy you must follow the appropriate process for attaining permissions for privileged/confidential communications as outlined in these Terms of Use. We advise you to contact the Correctional Facility for guidelines and procedures and review the Correctional Facility’s policies and local rules within your jurisdiction to confirm the procedures taken by the Facility.

We acknowledge that certain communications made through the video visitation system are privileged/ confidential and therefore eligible to be exempt from recording/monitoring. It is your responsibility to contact the Correctional Facility according to their policies/procedures to request that your communications with inmates be treated as privileged/confidential. The Correctional Facility will then follow its procedure for verification and notify Pay Tel accordingly. Pay Tel will only set a contact/number as privileged/confidential based upon a request of an authorized contact at the Correctional Facility. If a communication is not identified as privileged/confidential in advance by the Correctional Facility, the communication will not be deemed a privileged/confidential communication and will be subject to recording and monitoring.

Unless you have been registered and accepted as a privileged/confidential visitor, and subject to our Privacy Policy, you hereby specifically acknowledge and consent that there is no expectation of privacy of anyone participating in a video visit session, any content of a video visit session or any personally identifiable information required to participate in any video visit session, and your personally identifiable information and both the audio and visual components of all content and video visit sessions can and will be intercepted, monitored, recorded and used by the participating Correctional Facility and/or Pay Tel.

Read the following additional information and rules completely. Not knowing the rules will not be accepted as an excuse for not following them. Disobeying any rule may result in you being banned from visiting incarcerated individuals, or criminal charges being pursued when applicable.

• You understand and agree that you are responsible for your conduct and any consequences of your conduct in connection with your use of this service. Conduct that is illegal or inappropriate in any way, including indecent exposure, will not be tolerated. Violation of the foregoing may result in immediate suspension or termination of your account and may subject you to state and federal penalties and/or other legal consequences.
• If at any time during your video visit sessions, your conduct is deemed inappropriate, your video visit session will be subject to immediate termination, without notice or warning. Terminating your video visit session is at the sole discretion of the Correctional Facility or by us. If your video visit session is terminated, you will not be refunded any portion of the cost of that video visit session.
• Prior to your first video visit session you must create an account with Pay Tel. You will be required to provide personally identifiable information that Pay Tel and/or the relevant Correctional Facility require. We will use this information only in accordance with our Privacy Policy and may use the information to, among other things, verify your identity and obtain bank card authorization.
• When you participate in a video visit session you are responsible for the entire field of view of your camera, and any information that is visible via your camera to any other session participant may be recorded and transmitted by that participant as well as recorded and stored by Pay Tel and the Correctional Facility.
• Once scheduled, a video visit session must be attended during the scheduled time. Failure to sign on at the scheduled time or signing on late will not extend the session time period. Each visitation session will show a timer to display elapsed time. After your visit has ended your connection will be terminated.
• You will be billed by the minute during each video visit session. The system does not bill in advance for minutes of use. At the end of the video visit session, you will be billed for only the actual minutes used during the session.
• Pay Tel is not responsible for disconnects due to individual behavior issues, disconnects initiated by the Correctional Facility, or disconnects due to your internet connection, cellular signal or hardware malfunctions. Internet connectivity issues during offsite visits will not be refunded. If you believe there was a problem with our system that prevented you from participating in a scheduled video visit session, contact our Customer Service department.
• All visitors 18 years of age and above must provide a valid government issued photo ID, such as driver’s license, state ID card, passport or Military ID. Altered or expired IDs will not be accepted as positive identification.
• Children under the age of 18 must be accompanied by a registered parent or legal guardian for the entire duration of their visit.
• Facility staff can deny, change, or cancel a visit at any time at their discretion.
• If an emergency arises, visitation sessions can be disconnected or cancelled.
• To participate in a video visit session, you must have a device equipped with the minimum system requirements, which include webcam/camera, headset or speakers, and microphone to allow the video and audio portions of the session to connect. You will need to have a device and browser that meets the minimum system requirements shown below.

The minimum operating system required for mobile devices is as follows:

	Minimum OS
Android	SDK 29/ 10.0 or higher
iOS	13.0 or higher

The minimum requirements for web browser are as follows:

Browser	Minimum Version	Preferred Version
Chrome	80	97 or higher
Edge	79	97 or higher
Firefox	72	96 or higher
Safari	13	16 or higher
Safari iOS	13	16 or higher

These minimum requirements may be altered at any time at Pay Tel’s sole discretion.

Support Options: We’re here to help you stay connected™

In addition to providing detailed information about rates, terms and conditions on our website and mobile application, Pay Tel offers numerous ways for you to receive assistance:

• Automated Phone Assistance: Customers may call 1-800-729-8355 to access an Automated Customer Service IVR Phone System available in English and Spanish twenty-four (24) hours a day. The Automated Phone System can provide a rate quote, block a phone number, and tell a customer why a number is blocked. It can also assist a customer who wants to open an account, check an account balance, make a payment, or get information about requesting a refund.
• Live Agent Assistance: The customer can also follow the voice prompts to speak directly with a Customer Service Representative (CSR).
• Customer Relations: Customers can register complaints to Customer Relations by completing a complaint form on-line or by emailing the form directly to the Customer Relations Manager at customer.relations@paytel.com for response.

No Third-Party Beneficiaries

These Terms of Use are between you and the Company. There are no third-party beneficiaries.

No Waiver

Any failure to exercise or enforce any right or provision of these Terms of Use by you or Pay Tel will not constitute a waiver of such right or provision unless expressly agreed to by the party waiving such right or provision in written format signed by a duly authorized representative.

Force Majeure

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation acts of God, the activities of hackers, civil commotion, epidemics, pandemics, national emergency, riots or wars, any mechanical, electronic or communications failure or degradation or failures of third-party service providers (including providers of internet services and telecommunications).

No Agency

No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship is intended or created by this Terms of Use.

Disclaimer of Warranties

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SITE AND SERVICES MAY BE TRANSMITTED THROUGH PUBLIC INTERNET LINES AND NETWORK, WHICH MAY RESULT IN POWER OUTAGES OR INTERNET SERVICE DISRUPTIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT DUE TO FACTORS BEYOND PAY TEL’S CONTROL, PAY TEL CANNOT WARRANT OR OTHERWISE GUARANTEE THE QUALITY OR PERFORMANCE OF THE SITE AND SERVICES WITHOUT ERROR OR INTERRUPTION. EXCEPT AS PROVIDED IN THESE TERMS OF USE, PAY TEL EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY WITH THIRD-PARTY SERVICES OR EQUIPMENT, NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT OR USE OF THE SITE AND SERVICES. PAY TEL MAKES NO REPRESENTATION AND DOES NOT WARRANT THAT ITS SITE AND SERVICES IS VIRUS OR SPYWARE FREE OR THAT THERE IS ANY OTHER TYPE OF MALICIOUS PROGRAM INSERTED INTO THE SITE AND SERVICES.

Limitation of Liability

EXCEPT FOR DAMAGES CAUSED BY WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF A PAY TEL PARTY, IN NO EVENT SHALL PAY TEL PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR LOSS OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL OR REPUTATION AND LOSS OF DATA OR INFORMATION), HOWSOEVER ARISING, WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE AND WHETHER ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE. EXCEPT IN THE EVENT OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY A PAY TEL PARTY, IN NO EVENT SHALL A PAY TEL PARTY’S LIABILITY HEREUNDER EXCEED THE AMOUNT PAID TO OR PAYABLE TO PAY TEL DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT LED TO SUCH LIABILITY. THESE LIMITATIONS APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Statement Concerning Intellectual Property, Copyright and Trademark

All copyrights, trademarks and other similar intellectual property rights in, to and under the Site and Services are owned by Pay Tel or its third-party licensors, as applicable. You may make a copy of any or all of the material posted on this website and web domain solely for personal, non-commercial use, and if you so do, then you must include all copyright and trademark markings included on the webpage, without alteration.

All images, text, sound, photos, custom graphics, button icons, downloads, software and other material, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site and Services constitutes trade dress and is the property of Pay Tel. The trade dress of Pay Tel is protected by trade dress and other laws, and it may not be copied or imitated in whole or in part. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or re-sell any information or software obtained from the Site and Services, nor may any logo, graphic, sound or image derived of the Site and Services be copied or imitated except by prior written agreement with Pay Tel or as otherwise permitted by these Terms of Use.

The absence on the Site and Services of a Pay Tel service name, slogan, or logo does not constitute a waiver of Pay Tel’s trademark or other intellectual property rights relating to such name or logo.

Legal Redress for Grievances

You agree that any dispute arising out of your use of the Site and Services shall be resolved by means of alternative dispute resolution, the type of which and time of which to be determined at the sole discretion of Pay Tel. Any and all efforts to redress grievances in any other manner, to include filing with any court, shall be rendered null and void. You hereby waive the right to bring or to participate in class-action Claims and proceedings in connection with the Site and Services.

If Pay Tel is the prevailing party, Pay Tel shall be entitled to recover its costs of the alternative dispute resolution vehicle so chosen, and the costs of any related judicial proceeding, including reasonable attorney’s fees.

If an arbitration proceeding is chosen, then the dispute shall be finally and exclusively settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures in effect at the time of Pay Tel’s election for arbitration, and judgment on the award may be entered in any court of competent jurisdiction. The exclusive venue for arbitration shall be in Greensboro, North Carolina, unless otherwise agreed by you and Pay Tel in writing. The arbitrator shall not have the power to award damages in connection with a dispute in excess of the actual compensatory damages. The arbitrator shall not multiply actual damages or award consequential, punitive or exemplary damages. A decision by Pay Tel to elect arbitration as the means for redress of grievances shall not be an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Choice of Law/Venue

All rights and obligations of you and Pay Tel under these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina without regard to any conflicts of laws principles thereof. The exclusive venue for any dispute arising hereunder shall be in Greensboro, North Carolina, unless otherwise agreed by you and Pay Tel in writing. By accepting this agreement, you consent to personal jurisdiction in Greensboro, North Carolina.

Reservation of Rights

Any rights not expressly granted in these Terms of Use are reserved by Pay Tel, and Pay Tel reserves the right to seek all remedies available to it for any violation of these Terms of Use.

Severability, Construction and Integration

The terms and conditions of the Terms of Use and the Privacy Policy and granting of a license shall be construed as fully and totally integrated. Except as otherwise provided in these Terms of Use, any and all other agreements, whether oral or in writing, are superseded by this agreement.

These Terms of Use and the Privacy Policy shall be deemed and interpreted as having been drafted equally by both parties to them.

If any provision of the Terms of Use or the Privacy Policy is found to be invalid or unenforceable, the remaining terms and conditions are to be construed as valid, construed as to apply to the parties, and construed consistent with one another.

Acknowledgement and Agreement

Clicking “I agree” constitutes acknowledgement of, acceptance of, and consent to the terms of these Terms of Use.

Clicking “I agree” also constitutes, in particular, acknowledgment of, acceptance of, and consent to the disclaimers of warranties, limitations of liability, and indemnification arrangements specifically outlined in the Terms of Use as well as your consent to arbitration and waiver of your right to bring any action in court, to have a jury decide your claim or to bring any claim as part of a class action.

Clicking “I agree” also constitutes acknowledgement and acceptance of the terms of the Privacy Policy contained in the Pay Tel website(s) and/or mobile application, thereby creating a privacy agreement.

As consideration for:

• Acknowledgement of, acceptance of, and consent to all of the Terms of Use, and
• Acknowledgement and acceptance of the Privacy Policy

The user is granted a fully revocable, non-exclusive, and non-transferable license to use the Site and Services subject to the Terms of Use and the Privacy Policy. Any rights not expressly granted in these Terms of Use are reserved to Pay Tel.

Clicking “I agree” constitutes the indication of your electronic signature, thereby creating a valid and legally enforceable contract.

Agreement and Binding of Legal Contract

By clicking “I agree”, you state, as a legal matter, the following:

• I have read and understand all of the terms of the Terms of Use and the Privacy Policy.
• I hereby affirm that I acknowledge, accept, and consent to the terms of the Terms of Use.
• I hereby acknowledge and accept the terms of the Privacy Policy.
• I hereby attest that I am over the age of 18