DesktopAlert, Inc. a New York company (“DesktopAlert”), provides its service to you subject to the following Terms of Use (“TOU”) and DesktopAlert’s Privacy Policy for its Services. In addition, when using specific DesktopAlert Services, you and DesktopAlert will be subject to any guidelines or rules applicable to these Services, which DesktopAlert may communicate to you or post from time to time. These guidelines or rules and DesktopAlert’s Privacy Policy shall be deemed part of the TOU.

Description of the Services

DesktopAlert currently provides users with applications and services that comprise an automated system for delivery of messages to multiple recipients and multiple communications devices, and for processing responses to those messages, branded as DesktopAlert Automated Notification System (collectively, the ” Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including any new Services, will be subject to the TOU.

What You Must Do to Use the Services

In order to use the Services, you must obtain access to (a) the World Wide Web, either directly or through devices that access Web-based content, or (b) a standard touch-tone telephone, and pay any service fees associated with such access. DesktopAlert is not responsible for providing any equipment necessary to make such connection to the World Wide Web or the telephone system, including a computer and modem, telephone or other access device. Your Registration Information Must be Accurate, Current and Complete

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself and those who you may wish to contact (each, a “Contact”) using DesktopAlert Automated Notification System (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you authorize us to do so, your Contacts will be allowed access to their personal Registration Data to make modifications or changes. If you or any Contact provides any information that is untrue, inaccurate, not current or incomplete, or DesktopAlert has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, you understand that any notifications sent via DesktopAlert Automated Notification System may not reach the intended Contact.

Access, Passwords and Security

You may designate up to the number of users (each, an “Authorized User”) under your account, which corresponds to the level of Services you are receiving from DesktopAlert, and you may provide and assign access and passwords to such Authorized Users. You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, and other data (“Electronic Communications”) entered through or under your access number(s), password(s) or account number(s). DesktopAlert will act as though any Electronic Communications it receives under your access number(s), password(s) or account number(s) will have been sent by you. You agree immediately to notify DesktopAlert if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s).

Your Conduct When Using DesktopAlert Service

You acknowledge and agree to the following with respect to use of Electronic Communications through the Services: You will not use any Electronic Communication for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening; You may not knowingly restrict or inhibit any other user from using and enjoying the Service; You may not impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; You may not knowingly post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; You will not in any way express or imply that any opinions contained in your Electronic Communications are endorsed by DesktopAlert, or that the accuracy of any facts or circumstances described in your Electronic Communications have been verified by DesktopAlert, and you authorize DesktopAlert to attach a legend to any Electronic Communication sent via DesktopAlert Automated Notification System to this effect; You may not use DesktopAlert Automated Notification System in any way for sending Spam. Spam is unsolicited email directed to people not personally known to you, including but not limited to junk mail, chain letters or other unsolicited bulk email, commercial or otherwise or any email sent that DesktopAlert reasonably believes constitutes Spam, based on applicable laws and industry practices. Trademarks