Welcome to Terralert. Terralert provides its service to you, subject to the following Terms of Service and Use ("TOSU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOSU at any time. In addition, when using particular Terralert services, you shall be subject to any posted guidelines applicable to such services. All such guidelines are hereby incorporated by reference into the TOSU.

In order to use the Service, you must have a device capable of receiving text or web based information; you must obtain or have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Terralert has created certain alert offerings in its Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

Terralert currently provides users with access to a rich collection of notification resources, including, various types of alerts, personalized content for emergency response agencies and branded programming. Unless explicitly stated otherwise, any new features that augments or enhance the current Service, including the release of new Terralert properties, shall be subject to the TOSU. You understand and agree that the Service is provided "AS-IS" and that Terralert assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

The TERRALERT Web Site is made up of various Web sites and Web pages operated by the Terralert Corporation, 4837 Faith Home Road Suite 46, Ceres, California 95307 or its affiliates (collectively, the "TERRALERT Web Sites"). This Terms of Use and Notices apply to the TERRALERT Web Site and does not apply to the content of third parties.

The TERRALERT Web Subscription Services and Alert Notifications are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TERRALERT Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular TERRALERT Web Site included within the TERRALERT Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go directly to certain of the Additional Terms, click on the link below:

Additionally, the TERRALERT Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas).

REGISTRATION OBLIGATIONS

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and or Request for Service form (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Terralert has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Terralert has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Terralert is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Terralert Family Account, use the Microsoft Passport Family account. When you create a Terralert Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Terralert Family Account. By adding a child to your Terralert Family Account, you also give your child permission to access all of the Services including, email, message boards, clubs, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) is appropriate for your child and keep the account updated within the guidelines of the Child Online Privacy Protection Act (COPPA).

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

PRIVACY POLICY

Pursuant to Terralert's privacy policy, we may disclose to third parties, such as content providers, service providers, certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the TOSU. For more information, please see our full privacy policy.

MEMBER CONDUCT

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular TERRALERT Web Site or affiliate site, then these terms shall control.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Terralert, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Terralert does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Terralert be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to NOT use the Service to:

• Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a Terralert official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of unsolicited communications.
• Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• "Stalk" or otherwise harass another; or
• Collect or store personal data about other users.

CONTENT SUBMITTED TO TERRALERT

For purposes of clarity, (i) the TERRALERT Subscription Agreement applies to all matters involving any TERRALERT Subscription service; (ii) the Terralert .NET Passport Terms of Use and Notices apply to all matters involving Passport, and are governed by the Microsoft .NET Passport and Alert Terms of Use; and (iii) the TERRALERT Terms and Conditions apply to all matters involving the TERRALERT Service.

Terralert does not own Content you submit, unless we specifically tell you otherwise before you submit it. You license the Content to Terralert as set forth below for the purpose of displaying and distributing such Content on our network of properties and for the promotion and marketing of our services. By submitting Content to any Terralert property, you automatically grant, or warrant that the owner of such Content has expressly granted, Terralert the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that Terralert does not pre-screen Content, but that Terralert and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is privately or publicly available via the Service. Without limiting the foregoing, Terralert and its designees shall have the right to remove any Content that violates the TOSU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Terralert or submitted to Terralert, including without limitation information in Terralert Systems and in all other parts of the Service offering.

INDEMNITY

You agree to indemnify and hold Terralert, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOSU, or your violation of any rights of another.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TERRALERT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TERRALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TERRALERT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TERRALERT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TERRALERT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOSU.

MODIFICATIONS TO SERVICE

Terralert reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Terralert shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Terralert has no control over such sites and resources, you acknowledge and agree that Terralert is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Terralert shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Terralert respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Terralert's Copyright Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TERRALERT'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or advertisers. Except as expressly authorized by Terralert or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, to include alerts.
Terralert grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or Software. You agree not to modify the Service or Software in any manner or form, or to use modified versions of the Service or Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Terralert for use in accessing the Service.

The TOSU constitutes the entire agreement between you and Terralert and governs your use of the Service; supercede any prior agreements between you and Terralert. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOSU and the relationship between you and Terralert shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Terralert agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Terralert to exercise or enforce any right or provision of the TOSU shall not constitute a waiver of such right or provision. If any provision of the TOSU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOSU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOSU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOSU are for convenience only and have no legal or contractual effect.

TRADEMARK INFORMATION

Terralert respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Terralert's Copyright Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

Terralert, the Terralert logo, trademarks and service marks, and other Terralert logos and product and service names are trademarks of Terralert Inc. (the "Terralert Marks"). Without Terralert's prior permission, you agree not to display or use in any manner, the Terralert Marks.

The .NET, Passport services and marks are: Copyright © 1999-2002 by the Microsoft Corporation and/or its suppliers, c/o Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. "Microsoft" is a registered trademark of Microsoft Corporation.

 The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Last Updated: March 2004