Acceptable Use Policy & Customer System Use Agreement

This Acceptable Use Policy constitutes an Agreement between Bay Alarm Company ("Bay Alarm Company") and its account holders ("Customers") and System Users. This Agreement applies to all Bay Alarm Company Customers and all users of the Bay Alarm Company network system, including dial-up account holders, and all users accessing any World Wide Web server hosted on Bay Alarm Company network computers, servers and related systems ("System Users"). This Agreement represents the complete agreement and understanding between Bay Alarm Company and its Customers and System Users and supersedes any other written or oral agreement that pertains to network usage. This agreement does not, however, take the place of a standard Bay Alarm Company monitoring, service or installation contract, those stay in full force. Upon notice published on-line via Bay Alarm Company's web site (http://www.bayalarm.com or https://www.bayalarm.com), Bay Alarm Company may modify the terms and conditions of this Agreement. Bay Alarm Company reserves the right to discontinue or change services offered.

USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE BAY ALARM COMPANY NETWORK SYSTEM.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE BAY ALARM COMPANY NETWORK SYSTEM, AND SHOULD CONTACT US AT 1-800-470-1000 SO WE CAN INITIATE CLOSURE OF YOUR NETWORK ACCESS ACCOUNT.

Terms and Conditions and Acceptable Use

1. Limitation of Warranty
Bay Alarm Company makes no warranties of any kind, whether express or implied, for the on-line service it is providing. Bay Alarm Company also disclaims any warranty of merchantability or fitness for a particular purpose. Bay Alarm Company will not be responsible for damages suffered by any Customer, including, without limitation, incidental or consequential damages or lost profits in any manner whatsoever, including, but not limited to acts of Force Majure or unauthorized usage by a third party or party not under contract. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, system failures or service interruptions caused by any source whatsoever, including Bay Alarm Company's own negligence, subscriber's errors or omissions, or due to the fault of third parties.

2. Compliance with Law and Intellectual Property Rights
Customers and System Users agree that all services provided by Bay Alarm Company will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data or material in violation of any U.S. , State or international law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, obscene or pornographic material or content. Customers and System Users warrant that any data uploaded for publication on Bay Alarm Company's web servers does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous.

3. Removal and Destruction of Illegal or Offensive Data
Customers and System Users agree that Bay Alarm Company shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of Bay Alarm Company, violate law or fail to conform with this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.

4. Indemnity
Customers and System Users agree to defend, hold harmless and expeditiously indemnify Bay Alarm Company, its officers and future heirs, and/or shareholders from any liability, claim, loss, damage or expense arising out of the Customer's or System User's breach or violation of any term, condition or covenant contained in this Agreement or resulting from the use of any Bay Alarm Company system, network or service.

5. Use of Network Access
Bay Alarm Company access and web server accounts cannot be transferred or used by anyone other than the Bay Alarm Company Customers or authorized System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of Bay Alarm Company. Use of Network bandwidth is expected to be reasonable and moderate. Bay Alarm Company reserves the right to impose additional charges for use of Network bandwidth in excess of reasonable or allocated amounts. Customer will receive advanced notice of Bay Alarm Company's intent to impose any such charges.

6. Account Cancellation
Bay Alarm Company reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees for the current month will not be refunded or pro-rated. Customers must notify Bay Alarm Company in writing to cancel service.

7. Agreements with Minors
Bay Alarm Company requires that its agreements be made with a person who is qualified to contract.  As such, Customers must be the age of eighteen (18) years.  Otherwise, a parent or guardian must accept this Policy and assume responsibility for payment of Bay Alarm Company services and for Customer’s compliance with this Policy.

8. Disruption of Network Services, Excessive Use
Customers and System Users shall ensure that use of Bay Alarm Company's network services shall not disrupt Bay Alarm Company, its associated networks or equipment, forming part of Bay Alarm Company's or the internet's systems. Customers and System Users shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Bay Alarm Company user or to any directly or indirectly attached network. Use of Bay Alarm Company's Internet connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Bay Alarm Company shall be considered a breach of this Agreement and may result in cancellation of service. It is not acceptable to use Bay Alarm Company's services and facilities to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:

• improper, harassing or offensive distribution of unsolicited advertising,
• transmissions of any type or quantity that causes disruption of service to others,
• propagation of computer worms or viruses,
• use of the network to make unauthorized entry to other computer networks, information or communications devices or resources,
• sustained, excessive use of Bay Alarm Company's access service, equipment or network connection without prior arrangement with Bay Alarm Company.

9. Automated Software and Connections
The installation, compiling, use, or implementation of any of the following are prohibited without express permission: Robots, Bots, Mail Bombs, Syn Bombs or Attacks, Spamming of any kind, etc. Any process that causes excessive use of system resources to the point where other users may be affected is strictly prohibited. Software may not be installed on or compiled on any Bay Alarm Company server without prior explicit permission. The use of any unattended connection software is prohibited without prior permission. All Bay Alarm Company access accounts are for the use of human beings and require that a human being be present to initiate and monitor connections. Bay Alarm Company has a 15 minute inactivity timeout. The use of any program to defeat this timeout is strictly prohibited. Any violation may result in immediate termination of service.

10. Other Prohibited Uses
It shall be a violation of this Policy to use or access the Bay Alarm Company network, system infrastructure or any Bay Alarm Company equipment for the purpose of or in connection with the making of any threats, harassment, harm to minors, fraudulent activity, forgery, impersonation, theft of identity, collection of personal data, transmission of unsolicited commercial email or unsolicited bulk email, attempting to access the accounts of others, or to penetrate, or attempt to penetrate, any security measures of Bay Alarm Company or its Customers.