ISOMEDIA - Business Internet Solutions

Additional Terms & Conditions for Alarm Monitoring Services

In addition to the Master Terms & Conditions above which shall apply to the Service, the following terms & conditions shall be applicable to ISOMEDIA's alarm monitoring services (the "Service") and shall supercede the Master Terms & Conditions above to the extent that they do not agree or are in conflict.

Date Of Service — The date for the billings for Service to begin (the "Billing Date") shall be the date on which Your alarm connection is successfully activated by ISOMEDIA. This date shall not be later than 50 days from the date of these terms & conditions. If 50 days have elapsed after the date of your Service order and the Service has not commenced through no fault of Yours, then You may terminate the Service with no penalty beyond any hardware You may have been received from ISOMEDIA. ISOMEDIA will attempt to deliver Service on or near the date requested. As the order process involves other parties and wiring facilities, there are conditions that can delay the initiation of Service. You must cooperate with ISOMEDIA in the installation by providing any needed physical access and connections. ISOMEDIA is not liable for losses by You in the event of an order delay. ISOMEDIA shall have no liability whatsoever for the activities or omissions of any third—party installer of the Your alarm system or equipment.

Monitoring Service – ISOMEDIA will provide these monitoring services to You for the alarm system You own: ISOMEDIA will provide You with an ATA alarm box which will connect to Your Internet connection. When ISOMEDIA receives an emergency signal from Your system, it will make every reasonable effort to dispatch authorities and to contact persons on the emergency notification list supplied by You. If ISOMEDIA has reason to believe that no emergency exists, it can choose not to make such notification calls. You agree to cooperate with ISOMEDIA for any testing ISOMEDIA reasonably requires, and to test the alarm system Yourself at least monthly and notify ISOMEDIA if the system appears to not function normally. You agree to keep Your emergency notification list updated and current by emailing to notifications@isomedia.com or by sending written notice to ISOMEDIA by US mail. You agree to instruct all other persons who may use Your alarm system as to its proper use.

IMPORTANT: Your monitoring signals come to ISOMEDIA via Your Internet connection. If that connection is not working for any reason (power outage, non—payment of Your Internet access bill, etc.) then signals from Your alarm box will not be received by ISOMEDIA.

Term – These terms & conditions shall continue for so long as the Services are being utilized or are under contract. Subject to different provisions in a contract, the Services shall continue on a month—to—month basis until terminated by either party by giving notice as provided below.

Payment — The payment due date is the Billing Date. If payment is not timely made, ISOMEDIA may suspend or terminate the Service by giving You five (5) days notice by both email and US mail to the extent it has valid addresses for You.

You authorize ISOMEDIA to charge its monthly recurring payments and other payments to the bank card or bank account it provides to ISOMEDIA or such replacement as You may provide. You will promptly pay or reimburse ISOMEDIA for (a) any false alarm fees that are assessed to ISOMEDIA, and (b) any applicable governmental taxes or fees, and You authorize ISOMEDIA to charge Your credit card or bank account for any such fees or charges.

Equipment – ISOMEDIA will loan You an ATA alarm box for You to utilize ISOMEDIA's Services. You are responsible for maintaining any equipment on Your premises and Your alarm system in good working condition. Proper maintenance of the equipment includes providing stable power and environmental protection to the equipment. ISOMEDIA will have no responsibility whatsoever to You for the maintenance or operation of Your owned equipment and systems and makes no representation regarding the suitability or condition of Your system. You agree to reimburse ISOMEDIA on a time and materials basis for the cost to repair and/or replace any ISOMEDIA equipment in the event of (a) misuse, (b) failure to exercise reasonable care, (c) physical damage, (d) theft, or (e) other loss. Title to the ISOMEDIA loaned equipment is retained at all times by ISOMEDIA and You agree to return all ISOMEDIA owned equipment within 10 days after the Service terminates or be liable for the purchase price of $100 which You authorize ISOMEDIA to bill to Your credit card or bank account. ISOMEDIA may replace equipment it provides if it malfunctions. You are responsible for obtaining any permit or license required for Your alarm system and local authorities may not respond to alarms until any such permit or license is obtained.

Interruption of Service — Failures of Service caused by governmental action, severe weather, strikes, labor disturbances, Acts of God, or any event or force of nature which prevents commencement or continuation of the Service shall give both ISOMEDIA and the You the right to terminate the Service without penalty, provided 10 days written notice is first given and the problem is not cured. ISOMEDIA shall have no liability to You for such interruptions in Service.

Termination — Cancellation by You requires 30 days advance notice and must be sent via email to cancellations@isomedia.com. You must obtain a cancellation ticket number to confirm Your cancellation. Your cancellation will be effective on the third business day after it is received by ISOMEDIA. As some of our processes are automated, You are responsible for verifying that the cancellation request was processed and that You are no longer being billed for the Service.

In addition, the Service may be terminated without penalty by either party in the event the other party breaches a material term or condition of these terms & conditions and fails to cure said breach within 10 days from receipt of written notice from the non—breaching party, and the terminating party then provides the other party 5 days notice of termination. Further, ISOMEDIA may terminate these terms & conditions upon 5 days notice if You have had excessive false alarms or ISOMEDIA believes that Your equipment/system will not reliably support the Service. ISOMEDIA may terminate these terms & conditions (with a prorated refund to You for paid future services) if its monitoring facility is rendered inoperative by fire or other casualty.

Termination of Service and/or payment of any early termination fee does not relieve You from the obligation to pay any unpaid amounts owed for past Services rendered by ISOMEDIA.

LIABILITY – ISOMEDIA IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF THE PERSONS ON YOUR PROPERTY. IT PROVIDES ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. ISOMEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES AS PROVIDED. ISOMEDIA FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.

ISOMEDIA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, REGARDLESS OF THE FORESEEABILITY THEREOF, OCCASIONED BY ISOMEDIA'S ACTIONS OR OMISSIONS OR INABILITY TO PERFORM ITS OBLIGATIONS HEREUNDER. IN NO EVENT SHALL ISOMEDIA'S AGGREGATE LIABILITY TO A CUSTOMER UNDER THE AGREEMENT OR OTHER CONTRACT, FOR INDEMNITY, CONTRIBUTION, BREACH OF STATUTORY DUTY, CONTRACT CLAIMS, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OR TORT, EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN THE LAST FOUR MONTHS OF SERVICE. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT ENLARGE THIS LIMITATION.

ISOMEDIA and You agree that no lawsuit connected with the Service shall be filed more than one year after the incident giving rise to the claim occurred. Any dispute or claim related to the Service or these terms & conditions shall be determined by binding arbitration by the rules and procedures of the American Arbitration Association at its office in or nearest to Seattle, WA, and the loser in such arbitration shall bear all costs thereof.

You acknowledge the foregoing and that this Service has been priced based on this very limited liability for any loss that You or others might experience.

Indemnification — Subject to the terms above, each party shall be indemnified and held harmless by the other party against claims of any third party for deaths, damages, losses, or injuries arising out of the negligent or willful act or omission of the other party or its agents, employees, contractors or representatives. Indemnification of ISOMEDIA shall include its employees, directors, successors, and service partners, and any indemnification shall include reasonable attorney fees that the indemnified party may incur.

Notices — Notification to either party to these terms & conditions will be sufficient when emailed to the other party (if to ISOMEDIA, to notifications@isomedia.com) or if mailed to the other party's last known address and deposited in the United States Mail, first class, with postage prepaid. Such address may change by a written notice providing the new address to which notification is to be made. Notice will be deemed to have been received by You five (5) days after sending to Your email and/or physical address as recorded in our records.

General Terms – You represent (a) that You are not under contract with any other alarm monitoring company for the Service address above, and (b) that You maintain adequate insurance on the monitored property and the contents thereof. These terms & conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors. You may not assign any agreement for the Service without the prior written consent of ISOMEDIA. ISOMEDIA shall have the right to subcontract any portion of the Service but it shall retain all obligations to You. The waiver or failure by You or ISOMEDIA to exercise any right shall not be deemed a waiver of that right in the future. If any provision of these terms & conditions is held by a court of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force and effect. These terms & conditions, including the documents incorporated herein by this reference from www.isomedia.com, together with any separate contract, represent the complete agreement and understanding of the parties with respect to the subject matter herein and supersede any other representations. These terms & conditions may be modified only in a writing signed by authorized representatives of both parties. You agree to pay all collection costs, including reasonable attorney's fees, for non—payment of sums owed to ISOMEDIA. You will be liable for governmental taxes or fees applicable to the Service which were assessed by or paid to an appropriate taxing authority within the applicable statute of limitations period. These alarm monitoring terms & conditions affirm or supplement but do not replace any separate contract You have entered into with ISOMEDIA. ISOMEDIA's Privacy Policy is at www.isomedia.com/privacy-policy.shtml. ISOMEDIA reserves the right to contact You via e—mail or any other means for matters pertaining to the Service.