Last Updated 03/16/2012
By proceeding to the registration page for Internet Supervision Service(s) as described herein, you are subscribing and entering into a valid and binding legal “Contract” with Emergency Twenty Four, Inc. (EM24) an Illinois corporation located at 4179 W. Irving Park Road, Chicago, IL 60641. You signify and guarantee that you are over the age of eighteen (18) and you either own, or you have the legal authorization to enter into this Contract from the owner of, the URL(s) or IP address(es) to be monitored by EM24. Please read these Terms and Conditions carefully. All of the terms and conditions of the legal Contract are below.
- EM24 owns and operates InternetSupervision.com (IS.c) IS.c offers monitoring service(s) by which the functionality of a subscriber’s Internet web services (URL(s) or IP(s)) - the availability, performance and/or content are tested and reported.
- IS.c offers a variety of service configurations (including free services). Only one free account is allowed per subscriber and subscriber agrees to place a visible link to InternetSupervision.com from the monitored site. Additionally, free service subscribers agree to receive email service announcements from EM24.
- All prices and charges for services are posted in US dollars. All payments for chargeable services offered by EM24 must be made by the subscriber in advance of the service(s) being performed. EM24 accepts MC, Visa, American Express, check, PayPalTM or wire transfer. A minimum payment deposit of $25.00 is required before any chargeable service is initiated. Monthly charges are deducted from the payment deposit. If a subscriber selects a service configuration that costs more that $25.00/month, the subscriber agrees to remit a payment deposit in the amount of one month’s worth of service or more. Subscriber agrees that EM24 can automatically “recharge” subscriber’s credit card for $25.00 or one month’s worth of service when the payment deposit amount approaches zero.
- If subscriber does not use a credit card to fund the payment deposit, IS.c will notify subscriber by email when the payment deposit amount approaches zero. It is the sole responsibility of the subscriber to keep the payment deposit amount above zero. EM24 is not responsible for any funding problems including but not limited to: payment timing, invalid account numbers, expired accounts, chargebacks, account over credit limit, or extended post office delivery time. If, at any time, the payment deposit reaches zero and recharge attempts fail, IS.c will IMMEDIATELY stop all service until the payment deposit has been replenished.
- Subscriber warrants that he/she is not a competitor of EM24 and the Internet web services requested by the subscriber are not on the behalf of a competitor of EM24.
- The service term is monthly and automatically renews on a monthly basis.
- Either party may cancel this agreement at any time without explanation.
- If at any time an account is cancelled, EM24 will refund all payments deposits greater than $10.00. Refunds of payment deposits greater that $10.00 will be paid by check within 30 (thirty) days of the account cancellation. No refunds will be made on payment deposits of less than $10.00. Since there is a cost for mailing a check for our and a cost for crediting credit cards for our subscribers, upon cancellation of service by either party, the subscriber forfeits any payment deposit amount below $10.00.
- IS.c SERVICES ARE PROVIDED “AS IS” EM24 HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO ITS SERVICE(S), INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- MANY REQUIRED PROCESSES OF THE IS.c SERVICE(S) ARE BEYOND THE CONTROL OF EM24. THEREFORE, EM24 DOES NOT GUARANTEE THE AVAILABILITY, QUALITY OR CONDITION OF THE SERVICE AND IS NOT LIABLE FOR ANY SUBSCRIBER OR THIRD-PARTY LOSSES CAUSED BY ANY SERVICE FAILURE.
- Subscriber agrees that it is not the intention that EM24 assume responsibility for any loss occasioned by malfeasance or misfeasance of the service(s) under this Agreement or for any indirect, incidental or consequential loss or damages including but not limited to subscriber’s increased costs, lost sales, lost or reduced profits, lost data, or business interruption due to, but not limited to, any process or service failure(s), omission(s), error(s) or negligence on the part of EM24.
If there shall notwithstanding the above provisions, at any time be or arise any liability on the part of EM24 by virtue of this Agreement or because of the relation hereby established, whether due to negligence of EM24 or otherwise, such liability is and shall be limited to a sum equal in amount to the subscriber’s service charge hereunder for a period of service not to exceed one month, which sum shall be paid and received as liquidated damages. Such liabilities as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires EM24 to assume greater liability by paying an additional amount under a graduated scale of rated proportioned to the responsibility, and an additional rider shall be attached to this Agreement setting forth the additional liability of EM24 and the additional charge.
- EM24 shall not be deemed in default for any cessation, interruption or delay in the performance of its obligations due to causes beyond control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, misfeasance, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including Internet access, telecommunications service, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.
- Subscriber agrees to indemnify, defend and hold EM24, its successors, officers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys’ fees) and damages arising out of or in connection with any claim(s), primary or third-party, relating to the subscriber.
- If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.
- This Agreement will be governed and construed, to the extent applicable, in accordance with United States law, and otherwise, in accordance with Illinois law, without regard to conflict of law principles. Except for requests for injunctive relief, any dispute or claim arising out of or in connection with this Agreement shall be finally settled by binding arbitration in Cook County, Illinois under the Commercial Rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Copyrights (whether registered or not), trademarks, service marks, trade names (whether registered or not), patents, trade secrets, industrial designs, and generally, any and all proprietary rights to computer software, to the name or names under which any computer software is marketed or proposed to be marketed, to the documentation prepared in respect of any computer software, and without limiting the generality of the foregoing, the exclusive right to reproduce and to distribute copies of computer software and the documentation in respect of it and all moral right in and to the same are intellectual property rights. Subscriber may use this technology but not reproduce it and not allow its use or reproduction by others affiliated to the subscriber except under the separate terms and conditions stipulated under that specific service. EM24 retains all rights, title and interest in all content and intellectual property rights in its service.
- Any notice required by this Agreement shall be deemed given if delivered by email.
This Agreement constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement, either written or oral. EM24 may make changes to the agreement in whole or in part at any time and without notice. When changes are made the date and change will be posted and referenced on the website internetsupervision.com. It is the subscriber’s responsibility to review the changes prior to service use. If any change is not acceptable to the subscriber, the subscriber must cancel the agreement in full and stop using the IS.c services(s). Any continued use of the IS.c service(s) constitutes the subscribers acceptance of any and all changes.