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Text Alerts Terms and Conditions

Text Alerts Terms and Conditions

Updated January 2016

By entering your mobile phone number(s) and successfully activating text alerts, (i) you acknowledge and represent to Midcontinent Communications® and its affiliates (collectively, “Midco®”, “us”, and “our”) that you are the authorized user of the mobile phone(s) that you link to the text alert service or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s) in the service; (ii) you grant Midco express permission to send text messages to that (those) mobile phone(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these terms and conditions; and (iii) by granting such permission to Midco you are hereby requesting to receive such messages in spite of the fact that your number may otherwise be on the federal, or a state's, do not call list and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do not call list(s).

Activate Text Alerts: To activate text alerts, you can either (i) call 1.800.888.1300 and ask for text alerts to be enabled on your account, or (ii) log in to Midco.com/MyAccount and go to the Notifications section and select Change Notification Preferences. Follow the instructions to enable text alerts.

Stop Text Alerts: Text alerts can be cancelled at any time by texting "STOP" to 14025074593 or 17752374428 from your mobile phone or by calling 1.800.888.1300 and asking for text alerts to be disabled on your account. You can also log in to Midco.com/MyAccount and go to Notifications, and click Change Notification Preferences and then Remove Number.  Follow the instructions to disable text alerts. You agree that your prior express consent to receive text alerts shall continue indefinitely unless and until you comply with one of the methods described in the prior sentence for cancelling your prior express consent. Other methods or means attempted to revoke your prior express consent (e.g. a letter sent to a Midco address, an email sent to a Midco email address, a voicemail message left with a Midco employee, etc.) shall be ineffective and you hereby release Midco from any liability related to your efforts to revoke your prior express consent by other methods or means.

If revoking your consent by texting "STOP" to 14025074593 or 17752374428, your text message should contain only the word "STOP" without any additional words, spaces, or characters either before or after the word "STOP."  Midco will reasonably endeavor to comply with other text communications sent to 14025074593 or 17752374428 in which you indicate a clear and unmistakable intent to revoke your prior permission; however, you (a) understand that these messages go to a short code number that is entirely automated, is not monitored by a human, and the ability of our short code box to interpret your intent is severely restricted and, therefore, (b) you hereby release Midco from any liability for your efforts to revoke your permission via a text message to 14025074593 or 17752374428 that does not strictly comply with the terms stated in the first sentence of this paragraph.

Furthermore, by activating text alerts, you hereby grant Midco express permission (without qualification) to respond to your cancellation request whether that request came through a telephone call with a Midco employee, online through Midco’s website, or by texting "STOP" to 14025074593 or 17752374428 with a confirmatory text message in return that will (y) confirm receipt of your cancellation request as well as (z) indicate that you will no longer receive text alerts from Midco. Furthermore, you agree that Midco will reasonably endeavor to send you the aforementioned confirmatory cancellation text message in a timely manner. However, you hereby release Midco from any liability related to a confirmatory text message or the timeliness in which you receive one.

Get Help or Support: To get help or answers to your questions, send us an email through our website, call 1.800.888.1300, or text "HELP" to 14025074593 or 17752374428.

Cost of Alerts: Midco does not charge to send you text alerts. However, message and data rates may be applied by your mobile carrier. Check with your wireless phone carrier for your plan details.

Message Frequency: Message frequency will be at least monthly, but ultimately depends on the type of alerts you choose to have sent to your mobile phone, the manner in which you conduct online account activities, as well as the number of planned maintenance events scheduled in your area.

Carriers Supported List: The following carriers are currently supported by Midco’s text alert service: ACS Wireless; Allied; Alltel (ATN); AT&T; Bluegrass; Boost; C Spire Wireless (Cellular South, Telapex); Cellcom; Cellular One (text only); Cincinnati Bell; Cleveland Unlimited, Inc.; ECIT (Cellular One of East Central IL); Element Mobile; Elkhart Telephone Co. (Epic Touch Co.); Farmers Wireless; Get Lisa; Golden State Cellular; Hawkeye (Chat Mobility); Hawkeye (NW Missouri Cellular); Illinois Valley Cellular; Immix (Keystone); Iowa Wireless Services LP; IVC; Midwest Wireless; Mosaic Telecom; MTPCS LLC dba Cellular One; Nextel (text only); NPI Wireless; nTelos; PACE; Panhandle Telecommunications Systems; Pioneer Cellular Network Partnership; Plateau Wireless - Texas RSA 3; Revol Wireless; South Canaan Cellular Communications Company; Sprint Nextel; Sprocket(Cross Telephone/MBO Wireless); SRT Wireless; Syringa Wireless LLC; T-Mobile (Deutsche Telekom); Thumb Cellular; Union Telephone (text only); US Cellular (TDS); Verizon Wireless; Viaero Wireless; Virgin Mobile USA; and West Central Wireless.

Changes in Terms: Midco reserves the right to change these terms or cancel the text alerts at any time. Please check these Text Alerts Terms and Conditions on a regular basis for changes. Your continued use and acceptance of text alerts after changes are posted will mean that you accept the terms as modified by the posted changes.

No Warranties: Midco makes no representations or warranties whatsoever regarding text alerts.

Privacy: For additional information regarding Midco’s use of your information, please see our Privacy Statement.

Limitation of Liability: To the maximum extent permitted by applicable law, you hereby agree that Midco shall not be liable for any direct, indirect, consequential, special, incidental, punitive, or any other damages, even if Midco has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use or receipt of or failure to receive text alerts. Furthermore, Midco shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages due to circumstances out of Midco's control.

Indemnity: To the maximum extent permitted by applicable law, you hereby agree to indemnify and hold harmless Midco, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or receipt of or failure to receive Midco’s text alerts.

Termination: Midco reserves the right, in its sole discretion, to cancel or suspend its text alert services, in whole or in part, for any reason, with or without notice to you.

Governing Law; Enforceability: These terms shall be construed in accordance with the laws of the State of South Dakota, and any legal proceedings to enforce or interpret the terms hereof may be brought only in the State of South Dakota. If any part of these Text Alerts Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Text Alerts Terms and Conditions, and the remaining portions shall remain in full force and effect.

Annual Notice of Terms and Conditions Incorporated Herein: You agree that for all matters not explicitly addressed herein, including general terms applicable to both email and text alerts, Midco's Annual Notice of Terms and Conditions shall apply and are hereby incorporated herein by reference. In addition, you hereby reaffirm your agreement to those Terms and Conditions, and your continued use and acceptance of text alerts will mean that you accept the Terms and Conditions then in effect.