Legal
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), 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 (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 these additional Terms and Conditions shall apply in full to Customer;
- In connection with the Services, calls that are placed using designated MVS toll-free numbers ("MVS Numbers") may be recorded and that callers to MVS Numbers will be automatically advised that each call is subject to recording and monitoring prior to the connection (the "Recorded Call Message");
- Customer represents and warrants that Customer shall use the Services in full compliance with all applicable laws and regulations. Customer represents and warrants that Customer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations as it concerns all callers and call recipients in connection with the Recorded Call Services (including, without limitation, obtaining all necessary consents or approvals with respect thereto);
- Customer is solely responsible for, and MVS shall have no liability with respect to, (1) the legality of recording, monitoring, storing and/or divulging telephone calls and (2) the legality of the language used in the Recorded Call Message, 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 September 15, 2008