Welcome to SmartInmate.com, a convenient way for incarcerated individuals to communicate with their friends and
family. This service is operated by Smart Communications Holdings, Inc. and its affiliated companies
(Collectively, "Smart Communications"). By using the SmartInmate.com Website, (the "Website") you
agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a
user of SmartInmate.com ("Member"). If you wish to become a Member and make use of the Smart
Communications service (the "Service"), please read these Terms of Service. If you object to
the Service. The Terms of Service are subject to change by Smart Communications at any time,
effective upon posting on the SmartInmate.com website, and your use of the Service after such
posting will constitute acceptance by you of such changes.
Acceptance of Terms of Service Agreement
Electronic Agreement - This Agreement is an electronic contract that sets out the
legally binding terms of your use of the Website and your membership in the Service.
This Agreement may be modified by Smart Communications from time to time, such
modifications to be effective upon posting by Smart Communications on the Website.
This Agreement includes Smart Communications' Acceptable Use Policy for Content
Communications' subscription policies and any notices regarding the Website. By
accessing the Website or becoming a Member, you accept this Agreement and
agree to the terms, conditions and notices contained or referenced herein.
Electronic Form - By accessing the Website or becoming a Member, you consent to
have this Agreement provided to you in electronic form.
Non-electronic Copy - You have the right to receive this Agreement in non-
electronic form. You may request a non-electronic copy of this Agreement either
before or after you electronically sign the Agreement. To receive a non-electronic
copy of this Agreement, please send an e-mail to [email protected] or a
letter and self-addressed stamped envelope to: Smart Communications, ATTN Legal,
10491 72nd St., Seminole, FL 33777.
Withdrawing Your Consent - You have the right at any time to withdraw your
consent to have this Agreement provided to you in electronic form.
Effect - Should you choose to withdraw your consent to have this Agreement
provided to you in electronic form, we will discontinue your then-current
username and password. This means that you will not have the right to use
the Service unless, and until, we issue you a new username and password.
We only will issue you a new username and password after we receive a
signed copy of a non-electronic version of this Agreement, which we will send
to you upon request.
Notice - To withdraw your consent and/or request a non-electronic copy of
this Agreement, please send an email to [email protected] or a
letter and self-addressed stamped envelope to: Smart Communications,
ATTN Legal, 10491 72nd St., Seminole, FL 33777.
Prospective Nature - Your withdrawal of consent shall be effective within a
reasonable time after we receive your withdrawal notice described above.
Your withdrawal of consent will not affect the legal validity or enforceability of
the Agreement provided to, and electronically signed by, you prior to the
effective date of your withdrawal.
Access and Retention - In order to access and retain this electronic Agreement,
you must have access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must use all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device. Please
print a copy of this document for your records. To retain an electronic copy of this
Agreement, you may save it into any word processing program. Via the Website, we
will notify you of any changes in the hardware or software requirements needed to
access and/or retain this Agreement that create a material risk that you will not be
able to continue to access and/or retain this electronic Agreement.
Eligibility - You must be at least eighteen (18) years of age to register as a Member of the
Website. Membership in the Service is void where prohibited. By using the Website, you
represent and warrant that you have the right, authority, and capacity to enter into this
Agreement and to abide by all the terms and conditions of this Agreement. Those under the
age of 18 may use the Website under the authorization and supervision of a registered
Membership and Subscription; Pricing - You may become a Member of the Service at no
cost. As a Member, you will have the ability to participate in some, but not all, of the features
and services available within the Service. In order to access additional features and services,
including the ability to communicate with other Members, you must become a paying
subscriber to the Service. Please note that the subscription policies that are disclosed to you
in subscribing to the service are deemed part of this Agreement. Please see Billing Details
for a description of such policies. For purposes of this Agreement the term "Member"
includes subscribers, unless where its usage indicates otherwise. From time to time, Smart
Communications may remove the accounts of non-subscribers.
Term - This Agreement will remain in full force and effect while you use the Website and/or
are a Member. You may terminate your membership and/or subscription at any time, for any
reason, by following the instructions in the Account Settings section of the Website, or by
sending Smart Communications written notice of termination to Smart Communications,
ATTN Legal, 10491 72nd St., Seminole, FL 33777 or email notice of termination to
[email protected]. If you resign or cancel your membership and/or subscription via
the Website, to help Smart Communications analyze and improve the Service, you may be
asked to provide a reason for your resignation/cancellation. You may bypass this brief
resignation survey page and continue the resignation/cancellation process by clicking the
"Continue Cancellation" or another similar button on the page. Smart Communications may
terminate your membership and/or subscription by sending notice to you at the email
address you provide in your application for membership, or such other email address as you
may later provide to Smart Communications. If Smart Communications terminates your
membership in the Service because you have breached this Agreement, you will not be
entitled to any refund of unused subscription fees except where required by law. All
decisions regarding the termination of accounts shall be made in the sole discretion of Smart
Communications. Smart Communications is not required to provide you notice prior to
terminating your membership and/or subscription. Smart Communications is not required,
and may be prohibited, from disclosing a reason for the termination of your account. Even
after your membership or subscription is terminated, this Agreement will remain in effect. All
terms that by their nature may survive termination of this Agreement shall be deemed to
survive such termination.
Non-commercial Use by Members - The Website is for the personal use of individual
Members only and may not be used in connection with any commercial endeavors that have
not been approved by Smart Communications in advance in writing. Organizations,
companies, and/or businesses may become Members and apply to connect to incarcerated
individuals at some correctional facilities and may be required to provide additional
documentation before being approved at the sole discretion of each correctional facility.
Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email
addresses of members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Website may be investigated, and
appropriate legal action will be taken, including without limitation, civil, criminal, and
injunctive redress. Use of the Website is with the permission of Smart Communications,
which may be revoked at any time, for any reason, in Smart Communications' sole
Account Security - You are responsible for maintaining the confidentiality of the username
and password that you designate during the Registration process, and you are fully
responsible for all activities that occur under your username and password. You agree to (a)
immediately notify Smart Communications of any unauthorized use of your username or
password or any other breach of security, and (b) ensure that you exit from your account at
the end of each session. When using the Website from a mobile device, ensure that proper
security measures are in place on your device such as automatically locking when not in use,
and requiring PIN code or biometrics to unlock your device. Smart Communications will not
be liable for any loss or damage arising from your failure to comply with this provision. You
should use caution when accessing your account from a public or shared computer so that
others are not able to view or record your password or other personal information.
Your Interactions with Other Members - You are solely responsible for your interactions
with other Members. You understand that Smart Communications does not in any way
screen its Members, nor does Smart Communications inquire into the backgrounds of its
Members or attempt to verify the statements of its Members. Smart Communications makes
no representations or warranties as to the conduct of Members. In no event shall Smart
Communications be liable for any damages whatsoever, whether direct, indirect, general,
special, compensatory, consequential, and/or incidental, arising out of or relating to the
conduct of you or anyone else in connection with the use of the Service, including without
limitation, bodily injury, emotional distress, and/or any other damages resulting from
communications with other registered users of this Service or persons you meet through this
Service. You agree to take reasonable precautions in all interactions with other Members of
the Service. You should not provide your financial information (for example, your credit card
or bank account information) to other Members.
Content on SmartInmate.com
Proprietary Rights - Smart Communications owns and retains license to all
proprietary rights in the Website and the Service. The Website contains the
copyrighted material, trademarks, and other proprietary information of Smart
Communications, and its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any such proprietary
Content Posted by You on SmartInmate.com
You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members. You will not post on the
Service, or transmit to other Members, any defamatory, inaccurate, abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights, and rights of privacy
and publicity). You will not provide inaccurate, misleading, or false information to
Smart Communications or to any other Member. If information provided to Smart
Communications, or another Member, subsequently becomes inaccurate, misleading
or false, you will promptly notify Smart Communications of such change.
You understand and agree that Smart Communications or the correctional facility
where incarcerated individuals are housed may review and delete any content,
messages, photos, phone calls, video visitation sessions, postal mail, or other
materials sent through or handled by the Services (collectively, "Content"), in each
case in whole or in part, that in the sole judgment of Smart Communications or the
correctional facility violate this Agreement or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of Members.
By posting Content to SmartInmate.com, you automatically grant, and you represent
and warrant that you have the right to grant, to Smart Communications, its affiliates,
licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, reproduce, adapt, modify and
distribute such information and content and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant and
authorize sublicenses of the foregoing. You further represent and warrant that public
posting and use of your content by Smart Communications will not infringe or violate
the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the
Website. Smart Communications reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending communication from
the Service and terminating the membership of such violators. It includes, but is not
limited to, Content that:
is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated images, audio or video, or links to pirated
images, audio or video files;
contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under the age of
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
Your use of the Service, including but not limited to the Content you post on the
Service, must be in accordance with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members. This includes
but is not limited to solicitation or advertising to buy or sell any products or services
through the Service or networking for commercial purposes. You may not transmit
any chain letters or junk email to other Members. It is a violation of these rules to use
any information obtained from the Service in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit, or sell to any Member without our
prior explicit consent. In order to protect our Members from such advertising or
solicitation, we reserve the right to restrict the number of electronic messages,
photos, video visitation sessions, documents, telephone calls, etc. which a Member
may send to other Members in any 24-hour period to a number which we deem
appropriate in our sole discretion.
All information you include in your Member profile must be accurate, current and
Prohibited Activities - Smart Communications reserves the right to investigate and
terminate your membership if you have misused the Service, or behaved in a way which
could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a
partial list of the type of actions that you may not engage in with respect to the Service:
You will not copy and paste or otherwise pass messages between or act as a courier
between incarcerated individuals. Incarcerated individuals will not ask other
Members to relay communications to another incarcerated individual.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by Smart
Communications without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual
or automatic device or process to retrieve, index, "data mine", or in any way
reproduce or circumvent the navigational structure or presentation of the Service or
You will not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent of the
owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or
networks connected to the Services or the site.
You will not post, email, or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy,
or limit the functionality of any computer software or hardware or telecommunications
You will not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the Website, without Smart
Communications' prior written authorization. You also shall not use meta tags or
code or other devices containing any reference to Smart Communications or the
Service or the site in order to direct any person to any other web site for any
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile, or otherwise disassemble any portion of the Service or the Website or
any software used on or for the Service or cause others to do so.
Customer Service - Smart Communications provides assistance and guidance through its
customer care representatives. When communicating with our customer care representatives, you
may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive,
intentionally misgender, or otherwise behave inappropriately. If we feel that your behavior towards
any of our customer care representatives or other employees is at any time threatening or offensive,
we reserve the right to immediately terminate your membership and you will not be entitled to any
refund of unused subscription fees except where required by law.
Subscriptions; Charges on Your Billing Account
General - Smart Communications bills you through an online account (your "Billing
Account") for use of the Service. You agree to pay Smart Communications all
charges at the prices then in effect for any use of the Service by you or other persons
(including your agents) using your Billing Account, and you authorize Smart
Communications to charge your chosen payment provider (your "Payment Method")
for the Service. You agree to make payment using that selected Payment Method.
Smart Communications reserves the right to correct any errors or mistakes that it
makes even if it has already requested or received payment.
Recurring Billing - Smart Communications does not make use of recurring billing.
Each charge is individually authorized at the point of purchase.
Current Information Required - YOU MUST PROVIDE CURRENT, COMPLETE
AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST
PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT
CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING
ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE),
AND YOU MUST PROMPTLY NOTIFY SMART COMMUNICATIONS IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU
BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE
UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR
PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT
Payment Method - The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial
institution, credit card issuer, or other provider of your chosen Payment Method (the
"Payment Method Provider"). If Smart Communications does not receive payment
from your Payment Method Provider, you agree to pay all amounts due on your
Billing Account upon demand.
Reaffirmation of Authorization - Your non-termination or continued use of the
Service reaffirms that Smart Communications is authorized to charge your Payment
Method. Smart Communications may submit those charges for payment and you will
be responsible for such charges. This does not waive Smart Communications' right
to seek payment directly from you. Your charges may be payable in advance, in
arrears, per usage, or as otherwise described when you initially subscribed to the
Service or as described at the point of purchase.
Service Credits - Smart Communications will not issue refunds on any
portion of fees charged for service credits that you later decide not to use.
Service Credits apply to unregulated Services such as electronic messaging,
photo delivery, and/or video visitation sessions.
Prepaid Institutional Calling Services - Payment for Prepaid Institutional
Calling Services and any Available Usage in the Prepaid Account is
refundable upon request by the called party. After one hundred eighty (180)
days of continuous account inactivity have passed, or any alternative period
set by state law, Smart Communications will make reasonable efforts to
refund the balance in the account to the account holder. If Smart
Communications' reasonable efforts to refund the balance of the account fail,
the Company will treat the remaining funds in accordance with applicable
state consumer protection law requirements concerning unclaimed funds or
the disposition of such funds.
Liability - In some situations a correctional facility may refuse to deliver an electronic
message or photo to an incarcerated individual. In these situations, regardless of the
reason for refusal, neither the correctional facility nor Smart Communications shall be
liable to you for the cost of service credits used to send the message and/or photo. If
an incarcerated individual is relocated, transferred, discharged, placed in
confinement, has their account disabled, or otherwise is temporarily or permanently
no longer able to use the Service for any reason, neither the correctional facility nor
Smart Communications shall be liable to you for the cost of service credits used to
send unread messages and/or photos, nor for unused service credits remaining on
your account or unused service credits that have been transferred to the incarcerated
Modifications to Service - Smart Communications reserves the right at any time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that Smart Communications shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
Blocking of IP Addresses - In order to protect the integrity of the Service, Smart
Communications reserves the right at any time in its sole discretion to block Members from certain
IP addresses from accessing the Website.
Copyright Policy - You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has
been copied and posted on the Service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information: an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the material that you
claim is infringing is located on the Website; your address, telephone number, and email address; a
written statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. Smart Communications' Copyright Agent for notice of claims
of copyright infringement can be reached as follows: Smart Communications, ATTN Legal, 10491
72nd St., Seminole, FL 33777.
Member Disputes - You are solely responsible for your interactions with other Members.
Smart Communications reserves the right, but has no obligation, to monitor disputes between you
and other Members.
Privacy - Use of the Website and/or the Service should not be considered private. Electronic
messages, photos, video visitation sessions, telephone calls, processed postal mail (except legal
mail), uploaded documents, etc. between Members may be monitored by Smart Communications or
the correctional facility that houses incarcerated individuals. Use of the Service is Governed by our
uploaded legal documents, or other communications which are identified as privileged at the point where
it is sent) where a Member has a privileged connection to an incarcerated individual as a private attorney,
public defender, religious counselor, or other type of "privileged" connection available at
a given correctional facility, are exempt from monitoring and Smart Communications will only disclose
the contents of privileged communications to the intended recipient or if ordered to disclose such
materials by a court order or other legal proceeding.
Disclaimers - Smart Communications is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Service, whether caused by users of the
Website, Members or by any of the equipment or programming associated with or utilized in the
Service. Smart Communications is not responsible for the conduct, whether online or offline, of any
user of the Website or Member of the Service. Smart Communications assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration of, user or
Member communications. Smart Communications is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of email or players on account of technical problems or traffic
congestion on the Internet or at any Website or combination thereof, including injury or damage to
users and/or Members or to any other person's computer related to or resulting from participating or
downloading materials in connection with the Web and/or in connection with the Service. Under no
circumstances will Smart Communications or any of its affiliates, advertisers, promoters or
distribution partners be responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Website or the Service, any Content posted on the Website or
transmitted to Members, or any interactions between users of the Website, whether online or offline.
The Website and the Service are provided "AS-IS" and Smart Communications expressly disclaims
any warranty of fitness for a particular purpose or non-infringement. Smart Communications cannot
guarantee and does not promise any specific results from use of the Website and/or the Service.
Links - The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Smart Communications has no control over such sites and
resources, you acknowledge and agree that Smart Communications is not responsible for the
availability of such external sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products or other materials on or available from such sites or
resources. You further acknowledge and agree that Smart Communications shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of, or reliance upon, any such Content, goods or services available on or
through any such site or resource.
Limitation on Liability - Except in jurisdictions where such provisions are restricted, in no
event will Smart Communications be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including also lost profits arising from your use of
the Web site or the Service, even if Smart Communications has been advised of the possibility of
such damages. Notwithstanding anything to the contrary contained herein, Smart Communications'
liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to Smart Communications for the Service during the term of
U.S. Export Controls - Software from this Website (the "Software") is further subject to
United States export controls. No Software may be downloaded from the Website or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you represent and warrant that you
are not located in, under the control of, or a national or resident of any such country or on any such
Jurisdiction and Choice of Law - If there is any dispute arising out of the Website and/or
the Service, by using the Website, you expressly agree that any such dispute shall be governed by
the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly
agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State
of Florida, in Pinellas County, for the resolution of any such dispute.
Indemnity by You - You agree to indemnify and hold Smart Communications, its
subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement and/or arising from a breach of
this Agreement and/or any breach of your representations and warranties set forth above.
No Third Party Beneficiaries - You agree that, except as otherwise expressly provided in
this Agreement, there shall be no third party beneficiaries to this Agreement.
Prepaid Institutional Calling Services - Prepaid Institutional Calling Services provide
alternative payment arrangements for incarcerated individuals in correctional facilities. Prepaid
Institutional Calling Services are available 24 hours a day, seven days per week. Access to
telephone service by an incarcerated individual may be subject to time of day and usage restrictions
imposed by individual correctional facilities. No minimum service period applies.
Network usage for Prepaid Institutional Calls is deducted from the Available Usage Balance in full
minute increments. For debiting purposes, call timing is rounded up to the nearest one (1) minute
increment. Usage charges are computed and rounded up to the nearest penny on a per call basis.
The called party is automatically informed of the Available Usage Balance remaining in the Prepaid
Account prior to acceptance of the call. Network usage is deducted from the Available Usage
Balance in the account on a real time basis as the call progresses. A reminder message is also
provided when the account balance has one minute of usage remaining. All calls must be charged
against an account that has sufficient available balance. Calls in progress will be terminated by
Smart Communications if the balance on the account is insufficient to continue the call.
Other - This Agreement contains the entire agreement between you and Smart
Communications regarding the use of the Website and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
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