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A) DEFINITIONS:
1. The Incident Page Network
(herein referred to as "IPN") is a service
operated on the World Wide Web of the Internet by
911 Interactive Media, Inc., a Delaware Corporation.
2. IPN operates Web sites under
the root domain names "incidentpage.net",
"incidentpage.com" and "IPN911.net". All of the
aforementioned domains are the exclusive property of
911 Interactive Media, Inc., and are referred to in
this document as the "IPN Sites".
3. The term
"Subscriber" refers to anyone who
establishes a connection to our servers for access
to and use of the IPN Sites, regardless of purpose.
4. The term "Dispatcher" refers
to anyone with access to dispatch information over
the IPN Sites.
5. IPN provides
subscription-based services that require
"registration" by the Subscriber. Such
services are referred to herein as "IPN
Service(s)".
6. The term "Corporate User"
refers to any person who has obtained a commercial
license to use IPN Services for commercial purposes,
or who is operating under the commercial license of
their employer.
B) COPYRIGHT NOTICE:
1. All content on the IPN Sites
is protected by international copyright, trademark
and other intellectual property laws, and may not be
modified, copied, reproduced, republished, uploaded,
posted, transmitted, or otherwise distributed in any
way, by any medium without the written consent of
911 Interactive Media, Inc.
2. By uploading files and posting
notifications and messages via the IPN Sites, you
are granting IPN a royalty-free, perpetual,
non-exclusive, unrestricted worldwide license to
use, copy, sublicense, adapt, transmit, publicly
perform and/or display any such communication.
3. All notifications sent out
over the IPN Sites are the property of IPN, and may
not be re-distributed by any means without the
written consent of 911 Interactive Media, Inc.
C) CLAIMS OF COPYRIGHT
INFRINGEMENT:
1. Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to
Service Provider's Designated Agent. Click
here to view our Notice and Procedure for Making
Claims of Copyright Infringement.
D) EQUIPMENT AND EQUIPMENT
CHARGES:
1. Subscriber is responsible for
obtaining and maintaining all hardware and software
necessary to access and use IPN Services.
2. Subscriber is solely
responsible for all charges, including, but not
limited to any overcharges for Subscribers paging
service and/or Internet service that may occur as a
result of Subscribers use of IPN Services.
E) REGISTRATION:
1. To use IPN Services, you will
be required to provide personal information as
requested on the applicable registration form. You
agree to provide true, accurate, current and
complete information about yourself. Further, you
agree to advise IPN of any change in your
information to keep it current and accurate.
2. If IPN has reasonable cause to
suspect that you have provided information that is
inaccurate, not current, untrue or incomplete, IPN
reserves the right to suspend or revoke your access
to IPN Services without refund (when applicable),
and refuse any and all current or future use of IPN
Services.
3. All Subscribers who register
for IPN Services are issued a username and password
which allows access to restricted areas of the IPN
Sites. You are responsible for maintaining the
confidentiality of the password and account, and are
responsible for all activities that occur under your
password or account.
F) IPN SERVICE LICENSING,
FEES
& RENEWALS:
1. IPN offers two types of
licenses for the use of IPN Services, personal and
commercial. Effective June 01, 2007, any Subscriber
using IPN Services in conjunction with any type of
business activity must register as a Corporate User
and obtain a commercial users license.
2. IPN hereby grants Subscribers
registered for a personal "Premium Membership",
"Dispatcher Membership", "Premium Dispatcher
Membership" or "Premium Pager Membership" permission
to use IPN Services for personal, non-commercial
purposes only.
3. IPN reserves the right to
revoke any Subscribers access to IPN Services
without notice or refund for violation of our
commercial licensing policy.
4. IPN subscription rates vary by
license type and subscription term chosen. Current
rates for IPN personal accounts are listed on the
Subscription Web page. Current rates for IPN
commercial accounts can be obtained by
contacting a Corporate Sales Associate.
5. IPN reserves the right to
modify registration options and fees at any time.
6. You may cancel your IPN
Services at any time by emailing support@incidentpage.net.
7. All subscriptions are
automatically renewed upon the renewal date listed
in your member profile,
and the credit card on file for Subscriber will be
billed based on the going rate for the subscription
term chosen. If Subscriber does not cancel their
subscription in writing by emailing support@incidentpage.net
at least 48-hours prior to the subscription renewal date, the subscription
will be renewed automatically.
8. No refunds or credit will be
given for partial or unused periods.
G) IPN PAGING SERVICE
FEES & TERMS:
1. IPN offers alpha-numeric
paging services to our members at the rates listed
below:
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Unlimited 1-Way Text Messaging - $14.95/mo
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500
2-Way Messages Per Month - $19.95/mo
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1,000
2-Way Messages Per Month - $24.95/mo
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6,000
2-Way Messages Per Month - $29.95/mo
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Unlimited 2-Way Text Messaging - $34.95/mo
2. IPN notification services are
included with all paging plans.
3. For 2-way service plans, each 100 character block of
alpha-numeric text received by your pager (excluding
the free news/weather/sports feeds) counts as 1
message. If you exceed the monthly
message allotment allowed under your message plan,
an overcall charge of $0.08 per message above your
limit will apply. The "Unlimited" plan is
not subject to overcall charges.
4. All IPN pagers carry a 30-day
warranty against defects. Should you experience a
problem with your pager within 30 days of purchase,
please contact IPN support for a return
authorization.
5. Pagers returned for reasons
other than defect or malfunction will be subject to
a $25.00 restock fee, and will be charged for the
first months airtime and applicable shipping
charges. Pagers cannot be returned after 30 days
from their purchase date.
H) SUBSCRIBER CONDUCT:
1. Subscriber agrees that IPN
Services will be used for lawful purposes only.
2. Subscriber will not use the
IPN Services to transmit "sensitive"
information that is transmitted over federal
government and military radio frequencies.
3. Subscriber will not use IPN
Services to infringe upon or restrict the rights of
any other user from using and enjoying IPN Services.
4. Subscriber will not use IPN
Services to, without the prior written consent of
911 Interactive Media, Inc., post any message or
notification that contains advertising or any
solicitation with respect to products or services of
any kind.
5. IPN may terminate Subscriber's
access, or suspend any Subscriber's access to all or
part of the IPN Services without notice or refund
for any conduct that IPN, in its sole discretion,
believes is in violation of any applicable law or is
harmful to the interests of another Subscriber, a
third-party Provider, a Merchant, a Sponsor, a
Licensor, a service provider or IPN.
I) IPN DISPATCHER REWARDS
PROGRAM:
1. The IPN Dispatcher Rewards
Program is available to all IPN dispatchers with an
active dispatcher membership.
2. Points are assigned at the
sole discretion of the IPN Support Team.
3. Dispatcher Rewards Points have
no cash value, and are not transferable.
4. Upon closure of an IPN
dispatcher account by Dispatcher or IPN, all Rewards
points are reset to zero and cannot be restored.
5. Reward point redemption
requests are subject to approval by the IPN Support
Team, and some reward items may be substituted with
a similar item of equal value if the requested item
is no longer available.
J) LIMITATION OF
LIABILITY:
1. Under no circumstances,
including, but not limited to negligence shall IPN,
its parent company 911 Interactive Media, Inc., or
any affiliated third-party sites be liable for any
direct, indirect, incidental, special or
consequential damages that result from the use of,
or the inability to use IPN Services and/or IPN
Sites.
2. Subscriber specifically
acknowledges and agrees that IPN is not responsible
or liable for any illegal, offensive or defamatory
conduct of any other Subscriber. Use of IPN Services
is at Subscribers own risk.
3. IPN makes no warranty or
guarantee regarding the accuracy or validity of the
information received via the IPN Services.
4. If you are dissatisfied with
any IPN Service, your sole and exclusive remedy is
to discontinue using IPN Services.
K) INDEMNIFICATION:
1. Subscriber agrees to defend,
indemnify and hold harmless IPN, its parent company
911 Interactive Media, Inc., and affiliated
third-party sites, their directors, officers, agents
and employees from and against all claims and
expenses, including attorneys' fees arising out of
the use of IPN Services by Subscriber or
Subscriber's account.
L) MODIFICATIONS:
1. IPN reserves the right to
change and modify this Terms of Use statement at any
time and to notify you by posting an updated version
to this Web site. You are responsible for regularly
reviewing the Terms of Use statement. Continued use
of IPN Services or the IPN Sites after any such
changes shall constitute your consent to such
changes.
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