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- Account Information and Privacy
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- Internet Delays
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Appropriate and Acceptable Use of Service
The Mass Notification System (CivicReady) Services provides the ability for the Customer to generate high-speed notifications to listed databases through an internet-hosted software application. The Customer’s database(s) shall be limited to containing contact data located within the geographic boundaries of the Customer’s legal locality. The Customer may only place calls via the system to telephone numbers assigned within the 48 contiguous United States of America.
The Customer agrees not to make any attempt to gain unauthorized access to the Services or any of CivicPlus’ systems or networks. The Customer agrees that CivicPlus shall not be responsible or liable for the content of messages created by the Customer, or by those who access the Service, or otherwise delivered by the Service on behalf of the Customer.
The Customer shall be solely responsible for compliance with, and any violations of, all applicable laws regarding outbound telemarketing including the CAN-SPAM ACT, State, and Local telemarketing laws and requirements.
Customer's Annual Recurring Services Fees agreed upon herein are based on current carrier transactional costs for SMS and voice usage ("Transactional Costs") as well average CivicPlus historical customer usage patterns ("Assumed Usage"). CivicPlus reserves the right to audit Customer's actual usage ("Actual Usage") to determine whether Customer's Actual Usage exceeds the Assumed Usage. In the event Customer's Actual Usage exceeds the Assumed Usage or the Transaction Costs increase, CivicPlus will notify the client of such usage or cost increase and give the Customer 90 days to reduce usage or CivicPlus will increase the Annual Fees resulting from such increase in transactional costs or actual usage. The increase in the Annual Recurring Services Fees shall be implemented on the first of the month following the expiration of the 90-day cure period.
Emergencies: Unlimited Voice packages shall apply to Emergency Messages only. For the purposes of the Services, “Emergency Messages” shall be defined as an imminent threat to life or property, including NOAA Warnings. NOAA Watches and Test messages shall not be considered Emergency Messages, but may be added upon written request by Client to CivicPlus, for an additional fee. In case of dispute, CivicPlus shall have the sole discretion as to whether any communication shall constitute an Emergency Message.
IPAWS: The Customer shall be responsible for obtaining and maintaining Alerting Authority, as defined at https://www.fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system/public-safety-officials/alerting-authorities, with the Federal Emergency Management Agency in order to utilize the IPAWS software provided by CivicPlus.
Usage Limits:
| Message Plans | Usage |
|---|---|
| Communicator Unlimited SMS | Unlimited |
| Communicator Unlimited Emergency Voice | Unlimited |
| Communicator Flex | annual calendar year usage will be tracked against Customer’s purchased plan |
| Non-Emergency Voice Minutes | annual calendar year usage will be tracked against Customer’s purchased plan |
Any overages will be billed in 10,000 Message Unit increments at the then current CivicPlus rates.
| Type of Message | Message Unit (Segment) |
|---|---|
| Voice | Up to sixty (:60) seconds of voice call per segment. Calculated in whole segments. |
| SMS | Text segments of up to 160 characters per segment. Calculated in whole segments. |
Account Information and Privacy
CivicPlus does not own any Customer Data and the Customer, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and CivicPlus shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. CivicPlus reserves the right to withhold, remove, and/or discard Customer Data without notice for any breach, including, without limitation, the Customer’s non-payment. Upon termination for cause, the Customer’s right to access or use Customer Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Customer Data.
Disclaimer of Warranties and Limitation of Liability
The Customer is responsible for implementing sufficient procedures and checkpoints to satisfy the Customer's particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. CivicPlus will not be liable for any loss or damage caused by a distributed Denial-of-Service Attack, viruses, or other technologically harmful material that may infect the Customer's computer equipment, computer programs, data, or other proprietary material due to the Customer's use of the Services or to the Customer's downloading of any material posted on it or any website linked to it.
The Customer's use of these Services is at the Customer's own risk. The Services are provided on an "As Is" and "As Available" basis, without any warranties of any kind, either express or implied. Neither CivicPlus nor any person associated with CivicPlus makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services without limiting the foregoing, neither CivicPlus nor anyone associated with CivicPlus represents or warrants that the Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services will otherwise meet the Customer's needs or expectations.
To the fullest extent permitted by Law, in no event shall CivicPlus, its officers, directors, employees, agents, vendors, or suppliers be liable:
- for any indirect, special, incidental, consequential, exemplary, or punitive damages related to or arising from the Customer's use, misuse, or inability to use the Services, including but not limited to, damages for lost data, lost profits, or cost of procurement of substitute goods or services, personal injury, or property damage of any nature resulting from the Customer's use of the Services, unauthorized access to our servers, server unavailability and any personal information stored therein, any delays or interruptions due to electronic or mechanical equipment failures, Denial of Service attacks, date data processing failures, telecommunications or internet problems or utility failures, however cause under any theory of liability, including but not limited, to contract, tort, strict liability or negligence and whether or not CivicPlus was or should have been aware or advised of the possibility of such damage or even if a remedy fails of its essential purpose; or
- for any claim attributable to errors, omissions or other inaccuracies in the Services or destructive properties of the Service. In no event shall CivicPlus's aggregate liability under these terms of use exceed the total sum of monies paid from the Customer to CivicPlus as consideration for use of the services during the twelve (12) months immediately preceding the event giving rise to such liability.
Internet Delays
CivicPlus' Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. CivicPlus is not responsible for any delays, delivery failures, or other damage resulting from such problems.
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