DTN Addendum – Messaging
The following additional terms apply to the DTN Messaging service:
1. | DTN Messaging (“Messaging”) consists of the electronic transmission services for transmitting various types of information from Customer to Third Parties when and as requested by Customer locations. For the purposes of this Addendum, “Third Parties” means any third party that a Customer location designates to receive any information from Customer. Each Third Party must enter into a written subscription agreement with DTN in the standard form provided by DTN. |
2. | Third Party Equipment. In order to utilize Messaging, each Third Party is responsible for obtaining and maintaining any equipment, devices, software, hardware, or other ancillary services necessary to connect to, access, or otherwise use Messaging. |
3. | The establishment, maintenance, and termination of any contracts, and the terms and conditions thereof, between Customer and any other party using Messaging are the sole responsibility of Customer and such other party. Neither DTN nor Customer is an agent or representative of the other. Neither DTN nor Customer has the right or authority to create, assume, or incur any liability or obligation of any kind on behalf of or in the name of the other. In no event will this Agreement or the provision or use of Messaging be deemed to create or imply any right of either party to create, assume, or incur any liability or obligation of any kind on behalf of or in the name of the other. |
4. | DTN EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OPINION, WHETHER EXPRESS OR IMPLIED, AS TO THE LEGAL ENFORCEABILITY OR ADMISSIBILITY AS EVIDENCE OF ANY RELATIONSHIP INTO WHICH CUSTOMER ENTERS OR COMMUNICATION WHICH CUSTOMER EXCHANGES THROUGH USE OF MESSAGING. |
5. | Customer hereby grants to DTN the right to disclose that Customer uses Messaging to third parties that are potential Messaging users for the purpose of facilitating use of Messaging by such third parties. |