Mobile Security Service - Terms & Conditions

Terms and Conditions

These Terms and Conditions reflect RealSafe.net’s most recent contract as of 1/18/2004

1. SCOPE. RealSafe.net is in the business of providing mobile security solutions. You are registering for membership in RealSafe.net’s Mobile Security Service. The terms and conditions of this service contained herein apply to you, as well as anyone acting as an agent on your behalf.

2. PAYMENTS; TERM; CONSUMER REPORT. The initial term of this contract is ONE(1) YEAR, subscription payments are to be made quarterly. This Contract will automatically renew for successive ONE(1) YEAR terms unless terminated by either party’s written notice, received via mail (certified mail is HIGHLY recommended), or e-mail (delivery & read receipts are HIGHLY recommended) at least THIRTY (30) DAYS prior to the end of the then-current contract term. All such written correspondence shall be addressed to RealSafe.net, Inc., Customer Service Division, P.O. Box 670502, Marietta, GA 30066. If terminated, this Contract ends on the last day of the then-current term.

3. YOUR EARLY TERMINATION OF THIS CONTRACT. YOU AGREE THAT THE CHARGES DUE UNDER THIS CONTRACT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND TO PAY FOR THE SERVICES FOR ONE (1) FULL YEAR. ACCORDINGLY, YOU AGREE THAT: IF YOU TERMINATE THIS CONTRACT PRIOR TO COMPLETION OF THE ONE YEAR TERM, YOU WILL PAY REALSAFE.NET A TERMINATION FEE OF $50. THESE AMOUNTS ARE AGREED UPON LIQUIDATED DAMAGES AND ARE NOT A PENALTY.

4. INCREASES IN CHARGES. RealSafe.net has the right to increase the annual service charge at any time after the first year. If you give us a written objection to the increase within thirty (30) days of your receipt of notice of the increase, and if we do not waive the increase, then you may terminate this Contract effective thirty (30) days after our receipt of your written notice of termination. In this situation, you will not have to pay the early termination charges described in Paragraph 2. Your rate during the interim period, defined as the time RealSafe.net receives your written objection to the time RealSafe.net makes a decision, will be at the newer defined rate.

5. SUPPORT. INSTRUCTIONS FOR THE USE OF YOUR MOBILE PHONE FEATURES ARE AVAILABLE THROUGH YOUR MOBILE PHONE PROVIDERS. REALSAFE.NET TECHNICAL SUPPORT WILL NOT SUPPORT SERVICE QUESTIONS FOR YOUR INDIVIDUAL PHONE. REALSAFE.NET USER INSTRUCTIONS WILL BE AVAILABLE ONLINE AND QUESTIONS MAY BE SENT THROUGH TEXT MESSAGES AND E-MAIL SERVICE.

6. WE ARE NOT AN INSURER. WE ARE NOT AN INSURER AND YOU MUST OBTAIN FROM AN INSURER ANY INSURANCE YOU DESIRE. THE AMOUNT YOU PAY US IS BASED UPON THE SERVICES WE PERFORM AND THE LIMITED LIABILITY WE ASSUME UNDER THIS CONTRACT AND IS UNRELATED TO THE VALUE OF YOUR PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN YOUR PREMISES. IN THE EVENT OF ANY LOSS OR INJURY TO ANY PERSON OR PROPERTY, YOU AGREE TO LOOK EXCLUSIVELY TO YOUR INSURER TO RECOVER DAMAGES. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR LOSS OR INJURY TO ANY OTHER PERSON.

7. Assurances and warranties. RealSafe.net cannot claim that the practices enumerated in its published materials or by its agents and employees will absolutely ensure the safety of its clients, their possessions, or the property of their clientele, nor can it take responsibility for data quality or transmission or any activity that takes place in front of the RealSafe.net server gateway. At such time as a photograph enters the RealSafe.net gateway, RealSafe.net will take all reasonable and industry accepted precautions to preserve the security and integrity of the data delivered. The service concept mirrors practices generally accepted and employed in fixed-location commercial settings and is anticipated to provide the same level of protection as is experienced in those locations. RealSafe.net will provide copies of requested files to legitimate law enforcement agencies involved in the investigation of a criminal activity or incident and when ordered to do so by a court of law.

8. NO LIABILITY; LIMITED LIABILITY. IT WILL BE EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES THAT MAY RESULT FROM OUR FAILURE TO PERFORM OUR DUTIES UNDER THIS CONTRACT. YOU AGREE THAT WE AND OUR AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES ARE EXEMPT FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES WE PERFORM OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT. IF IT IS DETERMINED THAT WE OR ANY OF OUR AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES ARE DIRECTLY OR INDIRECTLY RESPONSIBLE FOR ANY SUCH LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE, YOU AGREE THAT DAMAGES SHALL BE LIMITED TO THE GREATER OF $500 OR 10% OF THE ANNUAL SERVICE CHARGE YOU PAY UNDER THIS CONTRACT. THESE AGREED UPON LIQUIDATED DAMAGES ARE NOT A PENALTY, AND THEY ARE YOUR SOLE REMEDY NO MATTER HOW MUCH THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.

9. EXCLUSIVE DAMAGES REMEDY. YOUR EXCLUSIVE DAMAGE AND LIABILITY REMEDIES ARE SET FORTH IN PARAGRAPH 6 ABOVE. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. REALSAFE.NET DOES PROVIDE ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANT OF MERCHANTABILITY OR THE WARRANTY FOR A SPECIFIC INTENDED PURPOSE.

10. INDEMNIFICATION & HOLD HARMLESS. IN THE EVENT ANY LAWSUIT OR OTHER CLAIM IS FILED BY ANY OTHER PARTY AGAINST US OR OUR AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES ARISING OUT OF THE SERVICES WE PERFORM OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT, YOU AGREE TO BE SOLELY RESPONSIBLE FOR, TO INDEMNIFY US FOR AND HOLD US COMPLETELY HARMLESS FROM, SUCH LAWSUIT OR OTHER CLAIM INCLUDING YOUR PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS’ FEES. THESE OBLIGATIONS WILL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS CONTRACT. THESE OBLIGATIONS WILL APPLY EVEN IF SUCH LAWSUIT OR OTHER CLAIM ARISES OUT OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO

PERFORM DUTIES UNDER THIS CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.

11. CHOICE OF LAW, VENUE & ATTORNEY FEES. The laws of the state of Georgia shall apply in the legal interpretation of this contract. The venue for all lawsuits filed by either party shall be Cobb County, Georgia. In the event of litigation concerning this contract, the prevailing party will be entitled to payment by the losing party reasonable attorney’s fees, litigation expenses and court costs.

12. OTHER PARTY’S LIMITATION. IF YOU PURCHASED OUR SERVICES OR SYSTEMS THROUGH ANOTHER BUSINESS OR PERSON, OR FROM US THROUGH A REFERRAL FROM ANOTHER BUSINESS OR PERSON, YOU AGREE THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR. SUCH BUSINESS OR PERSON SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR THE PERFORMANCE OR NONPERFORMANCE OF THE SYSTEM OR SERVICES WE PROVIDE UNDER THIS CONTRACT. WITHOUT LIMITING THE ABOVE, YOU AGREE THAT THE LIABILITY OF SUCH OTHER BUSINESS OR PERSON IS, IN ANY EVENT, LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT. YOU AGREE THAT SUCH BUSINESS OR PERSON AND ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES MAY INVOKE ALL OF OUR RIGHTS UNDER THESE PARAGRAPHS.

13. TIME TO FILE LAWSUIT OR OTHER ACTION. TO THE EXTENT ALLOWED BY GEORGIA LAW, THE STATUTE OF LIMITATIONS ARE HEREBY MODIFIED AS FOLLOWS: YOU AGREE TO FILE ANY LAWSUIT OR OTHER ACTION YOU MAY HAVE AGAINST US OR OUR AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES WITHIN ONE (1) YEAR FROM THE DATE OF THE EVENT THAT CAUSED THE LOSS, DAMAGE OR LIABILITY, OR ELSE YOUR ARE BARRED FROM RECOVERINGSAID LOSSES OR DAMAGES.

14. FAILURE TO PAY CHARGES OR HONOR CONTRACT. If you fail to make any payment when due or fail to honor any other term or condition of this Contract, we may stop providing the REALSAFE.NET SERVICES. We do not waive our right to any other legal remedy, including our right to charge you interest at the highest legal rate on the unpaid amount, plus reasonable attorney fees, court costs and litigation expenses.

15. CANCELLATION. RealSafe.net may, at any time, cancel this contract at our option if: A. Our network operations center(s) is destroyed or damaged so that it is impractical for us to continue service; B. We cannot acquire or retain the transmission connections or authorization to transmit signals between your mobile phone and our network operations center; C. You fail to follow our operating instructions for the service.. If RealSafe.net cancels for any of the reasons stated immediately above, we will refund any advance payments made for services to be supplied after the date of such termination, less any amounts still due for services already rendered, and for any other charges due, but we will not be liable for damages or subject to penalty as a result of such termination. We may cancel this contract with or without notice at our option if: A. You fail to pay any monies when due under this Contract; B. You fail to comply with any other term or condition of this Contract; or C. We determine that it is impractical to continue service due to the modification or alteration of your mobile phone or mobile phone service (e.g. you discontinue a service fundamental to the phone’s ability to send photos over the Internet). D. You fail to follow our recommendations to repair or replace any defective parts of your mobile phone system; If we cancel for any of the reasons stated immediately above, we will not be liable for damages or subject to penalty as a result of such termination, however you will be subject to the $50 early termination fee per Section 3 of this contract.

16. ASSIGNMENT. You may not assign this Contract without our written consent. We have the right to assign this Contract or to subcontract any of our obligations under it without notifying you.

17. DELAYS. WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON FOR DELAYS IN THE PERFORMANCE OF OUR SERVICES, REGARDLESS OF THE REASON, OR FOR ANY RESULTING CONSEQUENCES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE, OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, ACT OF GOD, OR ANY OTHER CAUSE BEYOND OUR CONTROL. DURING ANY SUCH SERVICE INTERRUPTION, WE HAVE NO OBLIGATION TO SUPPLY YOU SUBSTITUTE SERVICES.

18. ENTIRE AGREEMENT. THIS CONTRACT CONSTITUTES OUR ENTIRE AGREEMENT. BY SUBSCRIBING TO OUR SERVICES THROUGH THIS WEB SITE YOU ADMIT THAT YOU ARE NOT RELYING ON OUR ADVICE OR ADVERTISEMENTS. YOU AGREE THAT YOU AND WE ARE NOT BOUND BY ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS OR IMPLIED, THAT IS NOT INCLUDED IN WRITING IN THIS CONTRACT. THE TERMS AND CONDITIONS OF THIS CONTRACT APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY OUR AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS CONTRACT SHALL GOVERN EVEN IF YOU SUBMITTED A PURCHASE ORDER OR OTHER DOCUMENT WITH INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS.