Marchex Voice Services Recorded Call Terms and Conditions
These Recorded Call Services Terms and Conditions supplement the Voice Services Terms and Conditions (located at: http://www.marchex.com/legal/marchex-voice-services-terms-and-conditions.html) or such successor URL(s) implemented by MVS from time to time), and apply to any Customer using the Recorded Call Services. Any capitalized terms used herein but not defined shall have the meaning ascribed to it in the Voice Services Terms and Conditions.
In connection with its use of the Recorded Call Services, Customer acknowledges and agrees that:
- Recording of calls under the Services is part of an optional product feature made available by MVS, which may include corresponding data related thereto (collectively, the "Recorded Call Services"). Customer may elect not to use the Services Recorded Call Services. In the event that Customer elects to use such Recorded Call Services or otherwise activates such Recorded Call Services, these additional Terms and Conditions shall apply in full to Customer and any of its Clients, contractors or agents;
- In connection with the Services, calls that are placed using MVS telephone numbers ("MVS Numbers") may be recorded, and, therefore, Customer or its Clients, contractors or agents, at the direction of Customer, shall advise all callers to MVS Numbers prior to any connection to Customer or its Clients or others that each call is subject to recording and monitoring (the "Recorded Call Notice"). In connection therewith, Customer shall use all available product functionality or other available means to ensure that the call receives the appropriate Recorded Call Notice prior to connection with the Customer designated telephone number(s);
- Customer represents and warrants that Customer shall use the Services (and any data acquired in connection therewith) in full compliance with all applicable laws and regulations. Customer further represents and warrants that Customer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws, regulations and governmental or self-regulatory guidelines as such concern all callers and call recipients in connection with the Recorded Call Services used hereunder (including, without limitation, making all necessary disclosures regarding Recorded Calls, obtaining all necessary consents or approvals with respect thereto, and maintaining, using and disclosing, as the case may be, all data acquired in connection therewith only in a manner that complies with all applicable laws and regulations);
- Customer is solely responsible for, and MVS shall have no liability with respect to, without limitation: (1) the legality of recording, monitoring, storing and/or disclosing the contents of telephone calls or caller or call recipient information; (2) the legality of the language used in the Recorded Call Notice; and (3) the legality of Customer's use of data acquired from the Services and any calls, callers or call recipients; each of which shall be subject to the implementation and the control of Customer;
- Customer further represents, and warrants that its use of the Recorded Call Services is for "quality assurance" and "customer service" purposes only;
- If Customer is a publisher or agency that intends to offer use of the Recorded Call Services to its Clients, in addition to the requirements of the Services Terms and Conditions, Customer shall include in the Client Terms those additional representations and warranties, indemnification and other obligations included in Sections 3 through 5 hereof with respect to the Recorded Call Services; and
- MVS may modify the terms and conditions of this Agreement by posting the revised terms and conditions to its website. Customer's continued participation in the Service following such changes signifies Customer's acceptance of such modification.
Effective February 12, 2009