TERMS OF USE FOR AlertSense™

The Terms of Use set forth below establishes the terms and conditions which shall govern your access to and use of AlertSense™. Please read this Policy carefully. By enrolling as a user of AlertSense™, you are accepting all of the terms and conditions outlined in these Terms of, as set forth below. You must accept the Terms of Use in order to enroll as a subscriber to AlertSense™.

Section 1. Definitions References on the MyStateUSA web site and in these Terms of Use to: "MyStateUSA" shall mean Idaho Internet Associates Inc., an Idaho corporation doing business as MyStateUSA; "we" "us" or "our" shall mean MyStateUSA and any current or future successors and/or assigns; "Alert Sense™" shall refer to the free service offered by MyStateUSA that allows users to receive automated messages relating to certain events or disasters via e-mail or other medium, including any upgrades, downgrades or modifications as MyStateUSA may decide to implement in its sole discretion; "the Policy" shall refer to the Terms of Use relating to AlertSense™; "Content" shall mean any text, software, database, format, graphic, photographic and/or written content and/or all other material developed by or on behalf of MyStateUSA which are on or form part of AlertSense™; "Intellectual Property Rights" shall mean (i) copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or not); (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world; "you" or "your" shall mean each individual user of AlertSense™. Section 2. Access to AlertSense™ 2.1 AlertSense™ is provided as a free service to the public by our service provider on behalf of MyStateUSA, the principal office of which is located at 1458 S Eagle Flight Way, Boise, Idaho 83709. MyStateUSA is the assumed business name of Idaho Internet Associates, Inc, an Idaho corporation. 2.2 By enrolling as a user of AlertSense™, you agree that you will employ its contents solely for your own personal use. 2.3 Except as expressly permitted by applicable law, you may not copy (except to the extent required in order to use AlertSense™ in accordance with the Policy), store in any medium (including in any other web site), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the content of AlertSense™ or systematically extract material from AlertSense™ or any document available through it or in any other way exploit commercially AlertSense™ or any information available through it without our prior written permission. 2.4 Access to AlertSense™ shall be provided to you subject to the Policy. We cannot guarantee that AlertSense™ will operate in accordance with your expectations or will be error-free. If you become aware of any operational problem or error relating information contained in AlertSense™, you may contact us by e-mail at help@mystateusa.com and we will endeavor to correct it. We do not guarantee the accuracy of any information that is provided from AlertSense™ or that the information will reach you by any particular time or at all. 2.5 You agree to comply with all applicable laws and regulatory requirements relating to your use of AlertSense™. You agree to comply with the instructions we give you relating to the use of AlertSense™. 2.6 You are responsible for all telecommunications charges relating to your use of AlertSense™, including but not limited to any charges for pages or text messages that are sent to you by AlertSense™. 2.7 We reserve the right to update, modify, restrict access to or close the AlertSense™ service at any time without notice or cause. Section 3. Intellectual Property Rights As between us and you, we (or our suppliers) own all Intellectual Property Rights in AlertSense™ and you do not acquire, by virtue of your use of AlertSense™ and your acceptance of the Policy, any right, title or interest in any of them. If third-party software is required in order for you to use AlertSense™, you will obtain the license to use such software at your expense. Section 4. No Warranties No representation, warranty or condition, express or implied, statutory or otherwise, as to condition, satisfactory quality, performance, fitness for purpose or otherwise is given by us in respect of AlertSense™ and all such representations, warranties and conditions are excluded except to the extent that their exclusion is prohibited by law. Section 5. Limitations and Exclusions of our Liability 5.1 Subject to Section 5.5, our liability to you under or in connection with the AlertSense™ service, whether arising from negligence, breach of contract or otherwise shall be to take such actions as are reasonably required at our sole and exclusive discretion in order to either remove or delete data transmitted in error, or correct data transmitted to you in error. 5.2 We will not be liable to you for any loss of profits, business or data or for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise regardless of whether it was foreseeable or not. 5.3 We will not be liable to you for any direct or indirect, special, incidental or consequential losses or damages arising out of the use or misuse of any aspect of AlertSense™. 5.4 We will not be liable for any damage or loss that may be caused to any equipment or software due to any virus, defect or malfunction in connection with the access or use of AlertSense™. 5.5 Nothing in the Policy excludes or limits our liability for an event arising from our negligence or that of our agents or subcontractors or for any other matter in respect of which it would be unlawful or in breach of regulation to limit or exclude liability. Section 6. General Provisions 6.1 We reserve the right to vary or amend the Policy from time to time. We will notify you of any such amendment by posting the relevant amendment to AlertSense™ web site. Any changes shall take effect as of the time and date the amendment is posted on the AlertSense™ web site. 6.2 Our rights under the Policy may be exercised as often as necessary; are cumulative and not exclusive of rights or remedies provided by law; and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right. 6.3 If a provision of the Policy is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect: the legality, validity or enforceability in that jurisdiction of any other provision of the Policy; or the legality, validity or enforceability in other jurisdictions of that or any other provision of the Policy. 6.4 A person who is not a party to the Policy may not enforce any of the terms under any applicable law or jurisdiction. 6.5 A waiver (whether express or implied) by either MyStateUSA or you of any of the provisions of the Policy or of any breach of or default by the other of us in performing any of the provisions of the Policy will not constitute a continuing waiver and that waiver will not prevent the waiving party from subsequently enforcing any of the provisions of the Policy not waived or from acting on any subsequent breach of or default by the other party under any of the provisions of the Policy. Section 7. Governing Law The Policy in its entirety shall be governed by and interpreted in accordance with applicable United States federal law and the laws of the State of Idaho, and you and we agree to submit irrevocably to the exclusive jurisdiction and venue of the United States federal and Idaho State courts in connection with any dispute or claim arising under the Policy. Section 8. Policy Effective Date The Policy is effective as of June 1, 2007. The reproduction or retransmission of the contents of the AlertSense™ web site without the prior written consent of MyStateUSA is prohibited. The host server for the AlertSense™ web site is located in Denver, Colorado and Ashburn, Virginia. Section 9. Indemnity You agree to indemnify and hold harmless MyStateUSA, its subsidiaries, affiliates, officers, employees, suppliers, cell phone carriers, including but not limited to, AT&T, Verizon Wireless, Sprint PCS, Nextel, T-Mobile, Boost, Alltel, Cellular One Dobson, Virgin Mobile USA, US Cellular, Centennial, Cincinnati Bell, Suncom, RCC , Cricket Leap, Tertiary carriers and agents from any claim, demand, loss or expense, including reasonable attorneys' fees, resulting or arising from: your breach of this Agreement; any action taken or permitted by you which disrupts, degrades or damages the Product or related data; your infringement of any intellectual property right of MyStateUSA or any other person or entity; any activity related to your account (including any negligent or wrongful conduct) by you or any other person accessing the Product; any User Materials; or your actual or alleged breach of any federal, state, local or foreign law, or regulation. Delivery of SMS messages is made on a "best effort" bases. All such content is regarded as informational and not life saving in nature. Deliveries of such messages might be subject to delay or failure. You agree to indemnify and hold harmless all mobile phone providers servicing MyStateUSA."