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Terms Of Service

1. Services: This agreement covers all TelcoAlert monitoring services and all related products and services offered by TelcoAlert (Seller) to which you (Buyer) subscribe.

2. Terms: DOES NOT APPLY TO FREE TRIAL, THERE IS ZERO OBLIGATION FOR PAYMENT WITH FREE TRIAL. After providing a written confirmation that you would like to sign up, you agree to be charged the service price billed in arrears on a monthly or yearly basis. All prices are in U.S. dollars. Prices and services are subject to change. Additional services are available at additional cost. A 30 day notice for cancellation is required and can be sent to support@telcoalert.com.

3. Description of Service and Conditions of Use: TelcoAlert is a hosted monitoring solution and load generation service. A 14-day fully functional trial account is available to all customers. Once a trial account is upgraded using the Upgrade Account link you will be billed according to the terms stated in section 2 above. Your use of Seller's services is subject to the following conditions: a) you must not cause or allow robots or other automated processes to act upon or interact with Seller's systems or user interfaces without prior written permission from Seller, and b)you must not use Seller's services in a way that causes unreasonable load on Seller's systems or unwanted load on systems with which you direct Seller's services to interact.

4. Use of Data: Buyer agrees that all data generated by the Services (Data) are for Buyer's internal reference only. If Buyer uses the Services to monitor devices which Buyer does not directly own, Buyer agrees not to publish or otherwise disclose Data acquired about such devices.5. Non-Disclosure: Buyer will, through his use of Services and contact with Seller, become aware of trade secret information owned by Seller, including but not limited to the provision, delivery, and methods of operation of the Services, and of planned enhancements to same and current and planned marketing of the Services. Buyer agrees that all such information accessed through Seller's password protected systems, and through interaction with Seller's staff and agents, will be held in strict confidence and afforded all reasonable measures of security .NOTE: The provisions of this section shall survive for a period of not less than two years following expiration or termination of this contract.

5. Late Payments: If any payment due to Seller under this Agreement is not paid when due, Buyer agrees to pay Seller interest on the past due amount on a daily basis from the due date until the date paid at a rate equal to the lesser of 18% per annum or the maximum rate allowed by law.

6. Default and Remedies: Buyer will be in default under this Agreement if there is (a) failure to pay any amount when due (subject to a 10-day grace period for Buyers in North America, and a 21-day grace period for Buyers outside of North America), or (b) Buyer fails to comply with any provision of this Agreement, or (c) any representation made by buyer in this Agreement is or becomes untrue. If Buyer is in default in any way, Seller may immediately take any one or more of the following actions for protection:
(a) Declare all unpaid amounts due and payable;
(b) Terminate this Agreement with respect to all or any part of the Services (c) Take any other lawful action Seller may deem appropriate to enforce Buyer's performance of this Agreement and/or obtain damages for Buyer's breach.

If Buyer defaults, he agrees to pay costs and reasonable attorney's fees Seller may incur in enforcing Seller's rights.

7. Certain Other Agreements: Buyer understands and agrees with Seller as follows: (a)Buyer will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Services. (b) Sales/use Taxes: Buyer will pay all sales or use taxes as billed by Seller. Buyer will also pay all other local, state or federal taxes arising out of his use of Services (excluding any income taxes), and Buyer will provide Seller with written proof of payment upon request. (c) Reimbursement: If Buyer fails to pay any taxes, charges or fees, created by himself, Seller may at his option, pay the applicable taxes, charges and fees, and Buyer will reimburse Seller for those payments. (d) Cancellation and Assignment: Until paid in full, Buyer may neither cancel this Agreement nor transfer it. Buyer may neither assign his rights or duties without Seller's written consent, which Seller may withhold at Seller's sole discretion. Upon prior notice to Buyer, Seller may assign or subcontract all or part of Seller's rights and obligations under the Agreement, in which event Buyer will look only to Seller's assignee and not to Seller for any further performance. (e) Automatic renewal: This Agreement will automatically renew at the monthly service price unless Buyer sends Seller written notice that he does not want it to renew at least fifteen (15) days before the end of the Agreement's term. Seller may cancel the automatic renewal term by sending Buyer written notice that Seller does not want the Agreement to renew, at least fifteen (15) days before the end of any term of the Agreement.Certain Other Agreements: Buyer understands and agrees with Seller as follows: (a)Buyer will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Services. (b) Sales/use Taxes: Buyer will pay all sales or use taxes as billed by Seller. Buyer will also pay all other local, state or federal taxes arising out of his use of Services (excluding any income taxes), and Buyer will provide Seller with written proof of payment upon request. (c) Reimbursement: If Buyer fails to pay any taxes, charges or fees, created by himself, Seller may at his option, pay the applicable taxes, charges and fees, and Buyer will reimburse Seller for those payments. (d) Cancellation and Assignment: Until paid in full, Buyer may neither cancel this Agreement nor transfer it. Buyer may neither assign his rights or duties without Seller's written consent, which Seller may withhold at Seller's sole discretion. Upon prior notice to Buyer, Seller may assign or subcontract all or part of Seller's rights and obligations under the Agreement, in which event Buyer will look only to Seller's assignee and not to Seller for any further performance. (e) Automatic renewal: This Agreement will automatically renew at the monthly service price unless Buyer sends Seller written notice that he does not want it to renew at least fifteen (15) days before the end of the Agreement's term. Seller may cancel the automatic renewal term by sending Buyer written notice that Seller does not want the Agreement to renew, at least fifteen (15) days before the end of any term of the Agreement.

8. No Warranties: We are selling a service provided via multiple public and private facilities, some of which are not within our control. Seller does not guarantee the quality or condition of the Service. Seller does not guarantee your subscribed Services will be active and available 100% of the time and will not be held liable for any of losses in the event that there is a service failure. SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS CONTRACT.

9. Miscellaneous: (a) These terms and conditions are the complete Agreement between the parties. This Agreement supersedes all prior agreements, representations or promises made by Seller's representative that differ in any way from these terms and conditions. (b) Any modifications of, or waiver of rights under, this Agreement must be in writing signed by the party or parties to be bound by the modification or waiver. (c) No provision of any purchase order or other document which Buyer may issue covering any Equipment or Services will modify the terms and conditions of the Agreement: Buyer agrees that any such purchase order or other document is strictly for purposes of Buyer's internal use. (d) Any failure on Seller's part to exercise Seller's rights, or any delay in exercising Seller's rights, shall not be deemed to be waiver of those rights, and waiver of any provision on any occasion shall not be construed to be a waiver of any other provision or on any other occasion. (e) If more than one Buyer or Guarantor is named in this Agreement, each shall be jointly and severally liable for all the provisions of the Buyer and Guarantor. (f) Any notices required under this Agreement must be delivered in person or mailed, properly addressed and with postage prepaid, or via e-mail, to the party entitled to receive the notice. (g) This Agreement shall be interpreted under the laws of the State of CA. Venue for litigating any dispute under this Agreement shall be in the appropriate Federal or State court in San Diego County, CA.

Privacy Policy

TelcoAlert is committed to protecting your privacy. You can visit most pages on our site without providing any information about yourself. However, we sometimes require information in order to provide services that you request, and so the following privacy statement explains collection, dissemination and use of your personal data in those situations. This information may be expanded or updated as we change or develop our site. For this reason, we recommend that you review this policy from time-to-time to see if anything has changed. Your continued use of our site signifies your acceptance of our privacy policy.

TelcoAlert collects information on our users by your voluntary submissions only.

The information TelcoAlert collects is used in a variety of ways: for internal review; to improve the content of the site, thus making your user experience more valuable; to notify you about updates; to provide you information you have requested; and to let you know about our products and services.

By using our Web site, you consent to the collection and use of the information described in this Privacy Policy by TelcoAlert.

Personally Identifiable Information

When you purchase something on our site, we collect personal information from you including your shipping address, credit card number and the e-mail address to use for order confirmation. This information is collected on Web pages using encryption technology to help prevent any third party from intercepting the information. Your credit card information is only used for completing the purchase transaction and is retained only as necessary for administration purposes. We use the information provided by our customers to analyze product trends. This analysis helps us improve the quality of our Web site and product mix.

Email

When requesting information or a trial of our software, you may be asked to provide your email address. By providing your e-mail address, you are agreeing that TelcoAlert can send you important information about our products, including announcements of new releases. If you do not wish to receive email simply reply to the email with UNSUBSCRIBE in the subject.

Disclosures

Our policy is not to disclose personally identifiable information to unrelated third unless required to do so by law or legal process. TelcoAlert, at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis. Although TelcoAlert will take reasonable measures not to disclose information about you or the contents of your communications, we may be compelled to do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce these terms and conditions; (d) to respond to claims that any content violates the rights of third parties; (e) to facilitate the terms of an acquisition of TelcoAlert by, or merger with, another company or (f) to protect the interests of TelcoAlert or others.

Updates to This Policy

As our Web site evolves over time or our data handling policies change, we will update this privacy policy. This privacy policy will be governed by the laws of the United States and the State of California.