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SecureNet Subscriber Agreement - This is an agreement ("Agreement") between SecureNet, LLC ("we", "us" or "SecureNet") and you, an end user ("you" or "user") of SecureNet's Personal Internet Phone Service, Internet Access or IP Television Service (the "Service") as described herein. By establishing, activating, using or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, including those pertinent to 911 Emergency Dialing, and to the prices, charges and conditions provided to you in association with your enrollment, including marketing materials and the SecureNet website, which are incorporated herein by reference. This Agreement governs the Service and any device, website or software used in conjunction with the Service.
Service Requirements - The Service requires a telephone software (the "Software") obtained through SecureNet or a third party that allows you to place and receive calls through your computer by using your high-speed Internet connection. SecureNet does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection has a capacity of at least 90 Kbps upstream and downstream. Since the Service depends on your high-speed connection, the correct configuration of the Software, and an adequate power supply, SecureNet does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure equipment in order to restore the Service.
Service Limitations - You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems and computer modems. You waive any claim against SecureNet for interference or disruption of such services and equipment. SecureNet is alternative telephone service. SecureNet recommends that you maintain an alternative means of accessing emergency services.
Service Term - The Service is offered on a month-to-month basis, beginning on the date SecureNet activates Service, and terms of this Agreement automatically renew on a monthly basis. You may cancel the Service at any time by contacting SecureNet. If you cancel Service prior to the end of a monthly term, you will be responsible for paying the full month's charges to the end of the then-current monthly term, including applicable fees and usage charges. Expiration of the term or cancellation of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement. You will not receive a partial credit for any prepaid monthly service charge for any days remaining in your cancellation month.
Your Responsibility - You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of the Software which SecureNet uses to authenticate usage on your account. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.
911 EMERGENCY DIALING PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF SECURENET 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of SecureNet 911 Emergency Dialing. We recommend that you maintain an alternative means of accessing emergency services in the event of Service disruption for any reason.
SecureNet 911 Service - SecureNet 911 Emergency Dialing is not available in all areas. To activate this service where available, you must register the physical location of your Software with SecureNet, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which SecureNet has enabled for this service. If you fail to activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing and you acknowledge and agree to this requirement. 911 Emergency Dialing will not function until you receive notification from SecureNet, via electronic mail, website notation or some other means, that 911 Emergency Dialing has been successfully enabled for your Service, and you acknowledge and agree to this requirement.
Service Address - You provide the address for which you are ordering the Service ("Service Address") during the registration process, which will be utilized by SecureNet in the establishment and operation of 911 Emergency Dialing as part of the Service. Failure to provide the correct and proper Service Address may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach the correct location and render emergency service when requested. You acknowledge that 911 dialing will not function properly if you move your Software to another Service Address, either temporarily or permanently, unless the new Service Address has been properly recorded and is in an area for which SecureNet provides 911 Emergency Dialing. You may change your Service Address by following the procedures specified on the SecureNet website. The change of Service Address will not be effective until the change has been confirmed to you by SecureNet, via email or other written correspondence. Change of Service Address will take a minimum of ten business days to properly update the 911 emergency databases.
Enhanced 911 ("E911") - In certain areas in which SecureNet provides 911 Emergency Dialing, SecureNet provides E911 capabilities, if you have activated and properly configured 911 Emergency Dialing. When the caller dials 911 on a SecureNet-enabled phone with E911 service, SecureNet will automatically deliver the location information you provided at the time of activation, or as subsequently and properly updated, validated and acknowledged by SecureNet, to the PSAP with the 911 call. If the location information you provided is incorrect, the emergency call may be misdirected to a PSAP that does not serve your location, which as a result may be unable to render sufficient emergency service. You acknowledge that you are solely responsible for maintaining accurate physical location information on your SecureNet account. If you move your SecureNet equipment to another location, you must update your Service Address in accordance with the instructions on the SecureNet website.
Basic 911 - In some areas in which SecureNet provides 911 Emergency Dialing, SecureNet may not support E911, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using SecureNet may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location.
911 Service Limitations - 911 Emergency Dialing will not function if the Software is not configured correctly or if your SecureNet Service is not functioning for any reason, including, but not limited to, a power outage, high-speed service outage, or any suspension or disconnection of your SecureNet Service. If there is a power outage, you may be required to reset or reconfigure your equipment in order to reactivate SecureNet Service, including 911 Emergency Dialing. For technical reasons associated with the possibility of network congestion in the event of a local disaster, there is a greater possibility that a SecureNet 911 call will produce a busy signal, fail to be completed, or experience longer connection times, as compared to traditional 911 calls.
Acknowledgement - You understand and acknowledge that SecureNet 911 Emergency Dialing has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 services. These characteristics may make SecureNet unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate SecureNet service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls.
Suspension of Your Account - You acknowledge and understand that a Service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 Dialing.
Indemnification- You acknowledge and understand that SecureNet will not be liable for any Service outage and/or inability to dial 911 using SecureNet or to access an emergency service personnel due to the characteristics and limitation of SecureNet Service set forth in this document. You agree to defend, indemnify, and hold harmless SecureNet, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to 911 dialing. You acknowledge that SecureNet does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision found below.
USE OF SERVICE Resale and Transfer - You are expressly prohibited from reselling or transferring the Service, equipment and/or software to any other person for any purpose, without express written permission from SecureNet in advance.
Residential Use - The Service is intended for typical residential use. You are expressly prohibited from using the Service for autodialing, telemarketing (including without limitation charitable or political solicitation or polling), continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that results in excessive usage inconsistent with normal residential patterns as solely determined by SecureNet. If SecureNet determines, in its sole discretion, that you are reselling the Service, allowing persons residing outside of your household to regularly use the Service, or that your Service is being used for any of the aforementioned activities, SecureNet reserves the right to immediately terminate without notice or modify the Service and to assess additional charges for each month in which excessive usage occurred.
International Calls - This Service is intended for typical residential use. There are a few countries that SecureNet does not include in its Unlimited International Plan. For a list of excluded countries, see the list below. If you wish to call any of those countries, contact SecureNet to arrange special pricing. If SecureNet determines, in its sole discretion that you are engaging in any activity that results in excessive International usage, inconsistent with normal residential usage patterns SecureNet reserves the right to immediately terminate without notice or modify the Service and to assess additional charges for each month in which excessive usage occurred.
EXCLUDED COUNTRIES, includes but is not limited to the following - Afghanistan, Antarctica, Ascension Is, Cambodia, Cape Verde Is, Christmas Is, Cocos Is, Cook Is, Cuba, Diego Garcia, Ethiopia, Falkland Is, Greenland, Guinea Bissau, Inmarsat, Iraq, Iridium, Kinbati, North Korea, Maldives, Mariana Is, Marshall Is, Micronesia, Myanmar, Nepal, New Caledonia, Niue Is, Norfolk Is, Palau, Qatar, Sao Tome & Principe, Sierra Leone, Solomon Is, Somalia, St. Helena, Syria, Tanzania, Thuraya, Tokelau, Tonga, Tuvalu Vanuatu, Vietnam, Wallis & Futuna, Western Samoa.
Calling Limitations - SecureNet does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls and 10-10 "dial-around" calls. The Service may not support 311, 511 and/or other x11 services (other than 911 and 411) in some or all Service areas.
Local Number Portability - If you transfer an existing phone number which is currently subscribed to a carrier other than SecureNet, the following terms and conditions apply: (1) you hereby authorize SecureNet to notify your local telephone company of your decision to switch your local services to SecureNet and to transfer your telephone number, and represent that you are authorized to take this action; (2) you acknowledge and agree that you must successfully install and activate your Software prior to the date that the number switch becomes effective; and (3) SecureNet has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.
Network Disruption - You are expressly prohibited from any use of the Service or any other action that causes a disruption in the network integrity of SecureNet or its vendors, whether directly or indirectly. SecureNet, in its sole discretion, may terminate your Service without advance notice if it determines you are responsible for such disruptions.
Telephone Number - You may not sell any telephone number assigned by SecureNet ("Number"). Upon termination of the Service, SecureNet may, in its sole discretion, release a Number that was ported in from a previous service provider to SecureNet by you and used in connection with your Service provisioned by SecureNet to your new service provider, if such new service provider is able to accept such Number, provided that your entire account has been terminated, that you have paid all charges due to SecureNet, and that you request the transfer upon terminating your account.
Unlawful Use - You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in SecureNet's sole judgment the transmission, receipt or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You are expressly prohibited from using the Service or Software for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide Service to you or other customers or avoids your obligation to pay for communications services. SecureNet, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless SecureNet against any and all liability for any such use. If SecureNet, in its sole discretion, believes that you have violated the aforementioned restrictions, SecureNet may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Tampering - You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. SecureNet, in its sole discretion, may terminate your Service without advance notice should you tamper with any equipment or software.
Theft of Service - You agree to notify SecureNet immediately if the Software is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by SecureNet. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
Alternative Interface Devices- If you decide to use the Service through an interface device not provided or supported by SecureNet, which SecureNet reserves the exclusive right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless SecureNet and its vendors against any and all liability arising out of your use of such alternative interface device with the Service. SecureNet has no obligation to support or service the use of such alternative interface devices in any way and in its sole discretion may decline to provide the configuration information required to allow the device to effectuate the Service.
Copyright, Trademark, and Unauthorized Use - The Service and Software and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Software, and all Services, information, documents and materials on SecureNet's website are protected by copyright, trademark or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of SecureNet are and shall remain the exclusive property of SecureNet and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Software, other than a nontransferable, revocable license to use such firmware or software strictly in accordance with the terms and conditions of the Agreement, and that the Software is exclusively for use in connection with the Service.
Audit and Law Enforcement - SecureNet reserves the right to audit your use of the Service to enforce the provisions of this Agreement. SecureNet reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.
CHARGES AND PAYMENTS Billing - You must provide a valid credit card number when the Service is activated. You authorize SecureNet to charge automatically to your credit card any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit card issuer. Your charges and credits issued will appear on an online billing statement that you may access from the SecureNet website. You give SecureNet permission to obtain authorization for use of your credit card from your credit card issuer. If the card expires, you close your credit card account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise SecureNet at once. Your initial use of the Service authorizes SecureNet to charge the credit card account number on file with SecureNet, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 30 days after SecureNet receives your notice to terminate SecureNet's authority to charge your credit card, whereupon SecureNet will charge you for any outstanding charges and terminate the Service. SecureNet bills all charges and applicable taxes monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges which SecureNet chooses to bill in arrears) to your credit card or other then-authorized payment option. SecureNet reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. All charges will be billed according to the rates and terms set forth in published materials and found on the SecureNet website.
Commencement of Billing - You understand that you are responsible for self-installation of the Software and any configuration of the Service once you receive the Software. If the Software is shipped to you by SecureNet, your Service is considered active five days after the shipment date or on the day you activate the Service, whichever comes first (the "Activation Date"). You are encouraged to promptly complete installation of the Service since you will be responsible for full payment for the charges on your SecureNet bill even if you have not yet installed the Software and used the Service at the time the bill is rendered.
Price and Price Changes - Prices and charges relating to the Service are posted on the SecureNet website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than fifteen days after being posted on the SecureNet website. All customers will also be notified of the changes via E-mail, a minimum of fifteen days before they go into effect. SecureNet will send this notification to the E-mail of record for each customer.
Failure to Pay - We may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service.
Late Payment Charge - We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit card, we will charge you an additional $15.00. If the state where you receive the Service requires a different fee, we will charge you that amount.
Taxes - You are responsible for, and must pay, any applicable federal, state, local or other governmental sales, use, excise, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or associated equipment. These amounts are in addition to payment for the Service or equipment and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date SecureNet receives this documentation. Taxes will be in the amounts specified by federal, state and local authorities.
Billing Disputes- You must notify SecureNet within seven days after receiving your credit card statement if you dispute any SecureNet charges on that statement or such dispute will be deemed waived.
SERVICE CANCELLATION You may cancel the Service at any time by notifying SecureNet according to the procedures given on the SecureNet website. You remain fully liable for accrued charges outstanding at the time of termination, and you authorize SecureNet to process these charges to your credit card.
INDEMNIFICATION You agree to defend, indemnify, and hold SecureNet, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service, the Software or its installation, or this Agreement, including, but not limited to, 911 Emergency Dialing or dialing associated with a security system.
You agree that SecureNet should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.
LIMITATIONS OF LIABILITY BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF SECURENET SERVICE DESCRIBED HEREIN.
SECURENET'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF SECURENET RELATED TO THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO 911 EMERGENCY DIALING, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY SECURENET'S INTENTIONAL MISCONDUCT OR RECKLESSNESS. EXCEPT FOR DAMAGES THAT ARE THE DIRECT RESULT OF SECURENET'S WILLFUL OR INTENTIONAL MISCONDUCT, YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION. SECURENET AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA OR PERIPHERALS. FURTHERMORE, AND NOTWITHSTANDING THE FOREGOING, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF SECURENET OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.
WARRANTY LIMITATIONS EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING THE EQUIPMENT, WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, SOFTWARE, OR ANY OTHER EQUIPMENT AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, SECURENET EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
DISPUTE RESOLUTION BY BINDING ARBITRATION?IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
Any dispute or claim between you and SecureNet arising out of or relating in any way to the Service or the Software provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND SECURENET BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
The arbitration shall be conducted in English in the State of California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SecureNet may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California, necessary to protect the rights or property of you or SecureNet pending the completion of arbitration.
YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
MISCELLANEOUS General Provisions - This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by SecureNet to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the SecureNet website, shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor SecureNet is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Events Beyond Our Control - SecureNet will not be responsible to you for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
Assignment - We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.
Privacy - SecureNet Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. SecureNet is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you on the SecureNet website for additional information.
Survival - The provisions of this Agreement relating to indemnification (including those relating to 911 Emergency Dialing), limitations on liability, warranty limitations, billings and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.
Changes to this Agreement- SecureNet may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of the SecureNet website, currently located at www.the-SecureNet.com. Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the SecureNet website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service.
Where required by law, customers who cancel their service within the first three days, or seven days, as applicable, following acceptance of this Agreement will be refunded all charges incurred with respect to their account.
SecureNet, LLC 2652 E. Bayshore Rd., Palo Alto, CA 94303