FIRST ALERT SYSTEM TEXT (FAST) TERMS OF USE AND SERVICE AGREEMENT

This Terms of Use and Service Agreement (this "Agreement") is made as of this day by and between you and Mail-Block.com Corporation., a Florida corporation d/b/a First Alert System Text (FAST) ("First Alert System Text (FAST)"). This Agreement sets forth the terms and conditions that apply to your use of www.FirstAlertText.com ("www.FirstAlertText.com") and the Services (as defined below).

Please read this Agreement and First Alert System Text (FAST)'s Privacy Policy (the "Privacy Policy") carefully prior to your access to and/or use of First Alert System Text (FAST).com or your registration for or use of a Service.

By submitting information to First Alert System Text (FAST), either by visiting or using www.FirstAlertText.com or registering for or using a Service, you agree to be bound by the terms and conditions of this Agreement and the Privacy Policy, including any changes or revisions which First Alert System Text (FAST), in its sole discretion, may make to this Agreement and/or First Alert System Text (FAST)'s Privacy Policy from time to time.

Additionally, if you register for or use a specific Service offered by First Alert System Text (FAST), such as First Alert System Text (FAST)'s National Emergency Alert service (the "National Emergency Alert Service") you also agree to be bound by the terms and conditions of any specific rules ("Rules") for such Service as provided directly to you or posted on www.FirstAlertText.com. If you do not agree with the terms and conditions of this Agreement, First Alert System Text (FAST)'s Privacy Policy and any applicable Rules, you are not authorized to access or use First Alert System Text (FAST).com or register for or use any Service, and your sole remedy is to stop accessing and using www.FirstAlertText.com and the Services.


YOUR COMPLIANCE WITH THIS AGREEMENT

You represent that you are of legal age to agree to the terms and conditions set forth in this Agreement, or you are at least 13 years of age and have your parent's or legal guardian's permission to access and use www.FirstAlertText.com and to register for, purchase and/or use the Services. Additionally, some Services, such as the National Emergency Alert Service, are not intended to be used by, and are not directed to, anyone under 16. If you purchase and use the National Emergency Alert Service, you represent you are of legal age to agree to the terms and conditions of this Agreement or you are at least 16 years of age and have your parent's or legal guardian's permission to register for, purchase and/or use the National Emergency Alert Service. You represent that if you are acting on behalf of an entity, you have the authority to bind such entity. Access to and use of www.FirstAlertText.com and the Services is limited to users in the United States.


THE SERVICES

Subject to the terms of this Agreement, the Privacy Policy, any applicable Rules, and your registration for a Service, First Alert System Text (FAST) may provide you with emergency alerts from Federal, State, County, City and Colleges. (the "Services"). You acknowledge and agree that the Services are for your personal use on the mobile device designated at the time of your registration with First Alert System Text (FAST). You shall not transmit, broadcast, upload to any computer or mobile device (other than the mobile device designated at the time of your registration), create derivative works of, or make commercial use of the Services in any manner. You shall not, and you shall not attempt to or otherwise authorize, encourage or support others' attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Services in any manner.

YOUR ACCESS TO AND USE OF WWW.FIRSTALERTTEXT.COM AND THE SERVICES

Your right to access and use www.FirstAlertText.com and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.FirstAlertText.com and the Services for lawful purposes and pursuant to the terms and conditions of this Agreement, First Alert System Text (FAST)'s Privacy Policy and any applicable Rules.

Your access to and use of www.FirstAlertText.com and the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.FirstAlertText.com or a Service or other actions that First Alert System Text. First Alert System Text will make every effort to insure the service is up and working and will employ redundant service locations to assure a 99.6% uptime assurance. (FAST), in its sole discretion, may elect to take. First Alert System Text (FAST) reserves the right to suspend or discontinue the availability of First Alert System Text (FAST).com and/or any portion or feature of www.FirstAlertText.com or any Service at any time in its sole discretion but if such action was to take place, First Alert System Text will provide notice to all users.

Any action by you that, in First Alert System Text (FAST)'s sole discretion: (i) violates the terms and conditions of this Agreement, First Alert System Text (FAST)'s Privacy Policy or any applicable Rule; (ii) restricts, inhibits or prevents any access to, use or enjoyment of www.FirstAlertText.com or any Service; or (iii) through the use of www.FirstAlertText.com or any Service, defames, abuses, harasses, offends or threatens; shall not be permitted, and may result in your loss of the right to access and use First Alert System Text (FAST).com and/or the Services. You shall not metatag, provide links to or frame www.FirstAlertText.com without the prior express written permission of First Alert System Text (FAST).


REGISTRATION

Access to the Services. There are various requirements that you must meet before First Alert System Text (FAST) will provide you with any Service. At a minimum:
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which First Alert System Text (FAST) makes the Service available.
You shall pay all service and other fees associated with such mobile communications access (for instance, all standard service fees charged by your mobile service provider).
You shall provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in First Alert System Text (FAST)'s sole discretion, in connection with the Service.
You shall register as a user for certain Services or sign-up for certain Services (for example, by signing-up via SMS) as determined by First Alert System Text (FAST).
Registration Data. If you register for a Service, you shall (i) provide true, accurate and complete information ("Registration Data"), (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, and (iii) not assign your Account (as defined below), or rights associated with your Account, to another person or entity. First Alert System Text (FAST), in its sole discretion, shall determine what means of identification shall be appropriate for your use of the Services, and First Alert System Text (FAST) may choose to limit your Registration Data to a mobile telephone number. As a result of your registration, and based on the Registration Data you provide, First Alert System Text (FAST) may establish a First Alert System Text (FAST) account for you (the "Account").
If First Alert System Text (FAST) believes that your Registration Data is untrue, inaccurate or incomplete, First Alert System Text (FAST) reserves the right to suspend or terminate any Service then being provided to you, as well as your Account, and First Alert System Text (FAST) may refuse to provide you with any future use of the Services (or any portion thereof). You acknowledge and agree that First Alert System Text (FAST) may rely on the Registration Data to send you important information and notices regarding your Account and the Services, as further set forth in the Privacy Policy. First Alert System Text (FAST) shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your Account. Neither First Alert System Text (FAST) nor any of its third party providers shall be responsible for verifying your Registration Data.

Username and Password. If you register for the National Emergency Alert Service, and First Alert System Text (FAST) sets up an Account for you, you may be required to obtain a username and password. The username and password will allow you to view and manage your Account. You acknowledge and agree that First Alert System Text (FAST) may process all Account transactions, including, without limitation, registration for additional Services that are initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify First Alert System Text (FAST) of any unauthorized use of your username and password. Notwithstanding the foregoing notification to First Alert System Text (FAST), you acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities incurred by you as a result of the use of your username and password, and that in no event shall First Alert System Text (FAST) be liable for any unauthorized use or misuse of your username and/or password. First Alert System Text (FAST) may need to change usernames allocated to certain of its Services and reserves the right to make such changes. If necessary to continue your use of a Service, you will be notified of such a change by First Alert System Text (FAST).
Access without Registration. First Alert System Text (FAST) may provide you access to certain Services without requiring you to register, in which case First Alert System Text (FAST), in its sole discretion, shall determine what Services and what level of access and use shall be appropriate.


TRANSMISSIONS, SUBMISSIONS AND POSTINGS

Information that infringes First Alert System Text (FAST)'s or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
Information that violates any law, statute, ordinance or regulation;
Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to First Alert System Text (FAST) or third parties or that infringes on First Alert System Text (FAST)'s or any third party's rights of publicity or privacy;
Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; Information containing or constituting chain letters, mass mailings, political campaigning, unsolicited or unauthorized advertising, or any form of "spam";
Information that is false, inaccurate or misleading; Commercial advertisements or solicitations without written permission from First Alert System Text (FAST); or
Federally Trademarked and/or Copyrighted information without written permission from First Alert System Text (FAST).

Although First Alert System Text (FAST) does not regularly review your transmissions, submissions or postings, First Alert System Text (FAST) reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to the Privacy Policy, First Alert System Text (FAST) may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.

FEES

The fees and/or other charges (the "Fees") for the use of the Services for which you register are provided to you when you register for a Service. These Fees are also available to you on www.FirstAlertText.com under your Account information. Other charges may apply. Unless otherwise indicated, the Fees will be invoiced on your mobile device service provider's bill, and you agree to pay your mobile device service provider all applicable Fees. The Fees shall be due immediately and are non-refundable, unless otherwise indicated to you in writing by First Alert System Text (FAST). All Fees are subject to change and First Alert System Text (FAST) will provide you with reasonable notice of such change in Fees prior to the new Fees taking effect. Upon receipt of First Alert System Text (FAST)'s notice of a change in Fees, you may cancel your Account with First Alert System Text (FAST) at the end of your then-current subscription period if you do not accept the new Fees. Continuation of a Service after notice of a change in Fees will constitute your agreement to the new Fees.

First Alert System Text (FAST)'s Emergency Alert System is available to Alltel, Bell Mobility, Boost, Carolina West, Cellular One Dobson, Cellular One of Amarillo, Cellular One of San Luis Obispo, Centennial, Cincinnati Bell, AT&T, Cricket/Leap, Farmers Wireless, First Cellular of Southern Illinois, MTS, Nextel, Other, Peoples Wireless, Pioneer/Enid, RCC, Rogers Cantel, Sask Tel Mobility, Sprint, Telus Mobility, T-Mobile, TMP/Simmetry, US Cellular, Verizon, Virgin Mobile Canada, Virgin Mobile USA, XIT Wireless customers only.


INTERRUPTION OR DISCONTINUATION OF THE SERVICES

First Alert System Text (FAST) reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Services, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you are registered is permanently discontinued or canceled by First Alert System Text (FAST), First Alert System Text (FAST) will cancel your registration and reimburse any pre-paid Fees related to such canceled Service.

TERMINATION OR CANCELLATION OF A SERVICE

To cancel your registration for all of the Services to which you are then currently subscribed, you must: send a text message with the text "STOP" and the specific Service name to the short code for such Service (e.g. 47733); or fill out this online form indicating the word "STOP" and the name of the specific Service.
 

INTELLECTUAL PROPERTY RIGHTS

The names, "First Alert System Text (FAST)", and "www.FirstAlertText.com", other URL and website domain names owned and/or operated by First Alert System Text (FAST), and First Alert System Text (FAST)'s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of First Alert System Text (FAST) or its affiliates, in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without the prior express written permission of First Alert System Text (FAST), which permission may be withheld in First Alert System Text (FAST)'s sole discretion. First Alert System Text (FAST) makes no proprietary claim to any third-party names, trademarks or service marks appearing on www.FirstAlertText.com or any other First Alert System Text (FAST) owned and/or operated website. Any third-party names, trademarks, and service marks are property of their respective owners.
Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You shall be solely responsible for any damage resulting from your infringement of First Alert System Text (FAST)'s or any third party's intellectual property rights regarding the Proprietary Marks, the Content, the Collective Work, the Software and/or any other harm incurred by First Alert System Text (FAST) its affiliates or any other third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.


YOUR USE OF THE CONTENT AND COLLECTIVE WORK

Without the prior written consent of First Alert System Text (FAST), you may only print, download or otherwise use the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of First Alert System Text (FAST), which permission may be withheld in First Alert System Text (FAST)'s sole discretion.

You agree to comply with all applicable United States and foreign rules, regulations, and laws relating to the importation and exportation of technical data associated with www.FirstAlertText.com and the Services.


INTERFERENCE WITH WWW.FIRSTALERTTEXT.COM OR THE SERVICES

First Alert System Text (FAST).com contains robot exclusion headers. Much of the information on www.FirstAlertText.com is updated on a real time basis and is proprietary or is licensed to First Alert System Text (FAST) by First Alert System Text (FAST)'s users or third parties. You agree that you will not use any robot, spider, scraper, deep link or other similar automated device, program, algorithm or methodology to access, acquire, copy or monitor www.FirstAlertText.com or any portion of www.FirstAlertText.com or for any other purpose, without First Alert System Text (FAST)'s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in First Alert System Text (FAST)'s sole discretion an unreasonable or disproportionately large load on First Alert System Text (FAST)'s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except the information which makes up your Registration Data) from www.FirstAlertText.com without the prior written permission of First Alert System Text (FAST) and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of www.FirstAlertText.com or any Service; or (iv) bypass First Alert System Text (FAST)'s robot exclusion headers or other measures First Alert System Text (FAST) may use to prevent or restrict access to or use of www.FirstAlertText.com or any Service

ELECTRONIC COMMUNICATIONS

By accessing and using www.FirstAlertText.com or registering for or using a Service, you consent to receive communications from First Alert System Text (FAST) electronically. Although First Alert System Text (FAST) may choose to communicate with you by other means as provided in your Registration Data, First Alert System Text (FAST) may also choose to solely communicate with you electronically by email, text messaging, SMS, MMS, WAP, BREW and other means of mobile content delivery, or by posting notices on www.FirstAlertText.com. You agree that all agreements, notices, disclosures and other communications that First Alert System Text (FAST) sends to you electronically satisfy any legal requirement that such communications be in writing.

YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS

You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.FirstAlertText.com and/or the Services. You shall ensure that your equipment and/or software necessary to access and use www.FirstAlertText.com and the Services does not disturb or interfere with First Alert System Text (FAST)'s operations or the Services. First Alert System Text (FAST) reserves the right, without prior notice to you, to immediately disconnect your access to and use of www.FirstAlertText.com or a Service if your equipment or software is causing interference with First Alert System Text (FAST), www.FirstAlertText.com and/or the Services. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by First Alert System Text (FAST), any new or additional features that augment or enhance a current Service, including the release of new products and Services, shall be subject to the terms and conditions of this Agreement. First Alert System Text (FAST) shall not be responsible for any interference or damage caused to your equipment and/or software as a result of your access to or use of www.FirstAlertText.com or the Services.

THIRD PARTY LINKS, PRODUCTS AND SERVICES

There may be provided on www.FirstAlertText.com links to other websites belonging to First Alert System Text (FAST)'s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by First Alert System Text (FAST) of those websites, nor the products or services listed on those websites. First Alert System Text (FAST) is not responsible for the activities or policies of those websites. First Alert System Text (FAST) may also make available products and services of such advertisers, business partners, affiliates and other third parties directly on www.FirstAlertText.com, which products or services shall be purchased and/or obtained by you directly from such advertisers, business partners, affiliates and other third parties. You acknowledge and agree that First Alert System Text (FAST) shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and other third parties.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, FIRST ALERT SYSTEM TEXT (FAST) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS TO THE OPERATION OF WWW.FIRSTALERTTEXT.COM, THE SERVICES OR THE INFORMATION, CONTENT, COLLECTIVE WORK, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR AVAILABLE IN CONNECTION WITH WWW.FIRSTALERTTEXT.COM, THE SERVICES OR FROM FIRST ALERT SYSTEM TEXT (FAST).
THE CONTENT AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. FIRST ALERT SYSTEM TEXT (FAST) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE CONTENT OR INFORMATION TRANSMITTED VIA THE SERVICES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE CONTENT, INFORMATION TRANSMITTED VIA THE SERVICES OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AND SERVICES. FIRST ALERT SYSTEM TEXT (FAST) MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF FIRST ALERT SYSTEM TEXT (FAST).COM AND THE SERVICES IS AT YOUR SOLE RISK.

Some state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.


LIMITATIONS OF LIABILITY

IN NO EVENT SHALL FIRST ALERT SYSTEM TEXT (FAST) BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE PRIVACY POLICY OR APPLICABLE RULES OR LAW; (II) YOUR ACCESS OR USE OF WWW.FIRSTALERTTEXT.COM OR A SERVICE; (III) ANY THIRD PARTY'S ACCESS OR USE OF FIRST ALERT SYSTEM TEXT (FAST).COM OR A SERVICE UNDER ANY USERNAME AND PASSWORD ISSUED TO YOU; (IV) YOUR INABILITY TO ACCESS OR USE FIRST ALERT SYSTEM TEXT (FAST).COM OR A SERVICE FOR ANY REASON AND FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK; (VI) YOUR RELIANCE UPON OR USE OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, THE COLLECTIVE WORK OR SERVICES, (VII) THE BREACH OF FIRST ALERT SYSTEM TEXT (FAST)'S SECURITY AND UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF FIRST ALERT SYSTEM TEXT (FAST) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIRST ALERT SYSTEM TEXT (FAST)'S LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO FIRST ALERT SYSTEM TEXT (FAST) FOR USE OF THE SERVICES.
Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.


YOUR INDEMNIFICATION OF FIRST ALERT SYSTEM TEXT (FAST)

You shall defend, indemnify and hold harmless First Alert System Text (FAST) and its officers, directors, shareholders, employees, independent contractors, agents, representatives, cell phone carriers, including but not limited to, AT&T Verizon, Sprint, Nextel, T-Mobile, Boost, Alltel, Cellular one Dobson, Virgin Mobile USA and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to: (i) any breach or violation of this Agreement, the Privacy Policy or any applicable Rules or law by you; (ii) your failure to provide accurate, complete and current Registration Data; (iii) your access or use of www.FirstAlertText.com or a Service; and (iv) any third party's access or use of www.FirstAlertText.com or a Service under any username and password issued to you.

AMENDMENTS TO THIS AGREEMENT, THE PRIVACY POLICY AND APPLICABLE RULES

First Alert System Text (FAST) reserves the right, at its sole discretion, to update, amend and/or change this Agreement, the Privacy Policy and any applicable Rules without prior notice and at any time. Updates to this Agreement will be posted here, and updates to the Privacy Policy and any applicable Rules will be posted where applicable on www.FirstAlertText.com. You are encouraged to revisit this Agreement, the Privacy Policy and any applicable Rules from time to time in order to review any changes that have been made. Your continued access and use of www.FirstAlertText.com and any Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. First Alert System Text (FAST)'s last update to this Agreement was made and posted on April 30, 2007.


INJUNCTIVE RELIEF

You acknowledge that First Alert System Text (FAST) may be irreparably damaged if this Agreement, the Privacy Policy or any applicable Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you, First Alert System Text (FAST) shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement, the Privacy Policy or any applicable Rules. For purposes of this Section, you agree that any action or proceeding with regard to an injunction shall be brought in the state courts of record for Volusia County, Florida, or the United States District Court, District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue for such action or proceeding in Volusia County, Florida. You agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

GOVERNING LAW, VENUE AND JURSIDICTION; ARBITRATION

This Agreement, the Privacy Policy and any applicable Rules are governed by and shall be construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, the Privacy Policy or any applicable Rules, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Daytona Beach, Florida. You and First Alert System Text (FAST) shall select the arbitrator, and if you and First Alert System Text (FAST) are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then First Alert System Text (FAST) shall select the arbitrator. Arbitration shall not commence until the party requesting arbitration has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and First Alert System Text (FAST) and your and First Alert System Text (FAST)'s respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for Volusia County, Florida, or the United States District Court, Orlando, Florida. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Agreement, the Privacy Policy or any applicable Rules shall be exclusively in the state and/or federal courts in and for Volusia County, Florida, and each party hereby waives any objection to such jurisdiction and venue based upon forum non convenience or otherwise.


COPYRIGHT INFRINGEMENT NOTICE

Notifications (each a "Notification") of claimed copyright infringement appearing on www.FirstAlertText.com or any other First Alert System Text (FAST) owned and/or operated website should be sent to First Alert System Text (FAST)'s designated agent. First Alert System Text (FAST)'s designated agent contact information is set forth below:
Address of Designated Agent to Which Notification Should be Sent:
Attn: First Alert System Text (FAST) Service Management - 4639 Clyde Morris Blvd #106 Port Orange, FL 32129
Facsimile Number of Designated Agent: 386-506-5010
Email Address of Designated Agent:  
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Pursuant to Title 17, United States Code, Section 512(c)(2), to be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit First Alert System Text (FAST) to locate the material;
Information reasonably sufficient to permit First Alert System Text (FAST) to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512(c)(2):
First Alert System Text (FAST) will remove or disable access to the material that is alleged to be infringing;
First Alert System Text (FAST) will forward the written Notification to the alleged infringer ("Subscriber"); and
First Alert System Text (FAST) will take reasonable steps to promptly notify the Subscriber that First Alert System Text (FAST) has removed or disabled access to the material.
Counter Notification:
Pursuant to Title 17, United States Code, Section 512(c)(2), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to First Alert System Text (FAST)'s designated agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which First Alert System Text (FAST) may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512(c)(2):
First Alert System Text (FAST) will promptly provide the Complaining Party with a copy of the Counter Notification;
First Alert System Text (FAST) will inform the Complaining Party that First Alert System Text (FAST) will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
First Alert System Text (FAST) will replace the removed material or cease disabling access to the removed material within fourteen (14) business days following receipt of the Counter Notification, provided First Alert System Text (FAST)'s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the removed material on First Alert System Text (FAST)'s network or system.

GENERAL INFORMATION

If any arbitrator or court of competent jurisdiction deems any portion of this Agreement, the Privacy Policy or any applicable Rules unlawful, void or unenforceable, the applicable Agreement, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the applicable Agreement, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken.
The headings contained in this Agreement, the Privacy Policy or any applicable Rules are for convenience of reference only, are not to be considered a part of this Agreement, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement, the Privacy Policy or any applicable Rules.

No waiver of any portion of this Agreement, the Privacy Policy or any applicable Rules shall be effective unless it is in writing and signed by an authorized representative of First Alert System Text (FAST). The failure of First Alert System Text (FAST) to require performance of any obligation of this Agreement, the Privacy Policy or any applicable Rules shall not affect First Alert System Text (FAST)'s right to enforce any provision of this Agreement, the Privacy Policy or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

All covenants, agreements, representations and warranties made in this Agreement, the Privacy Policy or any applicable Rules, as may be amended by First Alert System Text (FAST) from time to time, shall survive your acceptance of this Agreement, the Privacy Policy or any applicable Rules, the termination of your use of www.FirstAlertText.com, and the termination of your use of the Services.

If you have questions, comments, concerns or feedback regarding this Agreement, the Privacy Policy or any applicable Rules or www.FirstAlertText.com or any Service, please contact us via any of the methods set forth below:

Via fax: 386-506-5010

Via mail: Attn:

First Alert System Text (FAST) Service Management
4639 Clyde Morris Blvd #106 Port Orange, FL 32129

Online: online form

This Agreement, the Privacy Policy and any applicable Rules made available to you by First Alert System Text (FAST), each as amended from time to time, represent the entire understanding and agreement between you and First Alert System Text (FAST) regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.