ubAlert.com TERMS AND CONDITIONS OF USE

THIS DOCUMENT OUTLINES, IN ITS ENTIRETY, THE TERMS AND CONDITIONS OF USE FOR THOSE WISHING TO ACCESS OR OTHERWISE USE ANY INFORMATION OR PRODUCTS OFFERED BY UBALERT.COM WEBSITES ("ubALERT" or "We" or "DAN"). YOUR USE OF UBALERT'S SERVICES IS INDICATIVE OF A LEGAL AND BINDING AGREEMENT BETWEEN USERS AND UBALERT.COM. IF USERS DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PERMISSION FOR USE IS HEREBY NOT GRANTED BY THE UBALERT.COM WEBSITES AND VISITORS ARE INSTRUCTED TO LEAVE THE WEBSITE.

1. General Terms of Use

We welcome you to ubAlert.com, a user-generated content website powered by Disaster Alert Network, LLC ("DAN" or "ubAlert.com" or "We"). In order to access the services offered via the DAN websites, users must agree to these Terms and Conditions of Use. Failure to accept these Terms and Conditions of User prevents any user from accessing or otherwise using our services.

UbAlert.com is made available for users who are aged 13 years or older. If user is not at least 13 years old, please leave this website immediately. By accessing or using ubAlert.com, user represents he is at least 13 years old. For those under the age of 18, use of ubAlert.com constitutes either permission by a parent or guardian or the minor has entered into emancipation and has been declared an adult by a court of law and can offer legal proof upon request, thereby enabling said user to enter into these Terms and Conditions of Use.

Employees, their immediate family members and household members of DAN are ineligible to submit material of any kind.

Users are encouraged to print these Terms and Conditions of Use for easy reference. These Terms and Conditions of Use apply to both current and future websites owned by ubAlert.com unless otherwise notated; including, but not limited to, the following sites:

http://www.ubalert.com

Users shall be subject to any additional Terms and Conditions of Use whenever visiting any of ubAlert.com's sister sites, owned by DAN. Each website offers its own rules and guidelines and users are expected to adhere accordingly. The Terms and Conditions of Use further incorporate ubAlert.com's Online Privacy Policy, found here.

For those areas within the DAN websites that require a user Account and password ("User Account"), user is responsible for the use and maintenance of Account(s), including the creation of any multiple user accounts, as well as for ensuring full compliance is maintained regarding these Terms and Conditions of Use. Users shall be solely responsible for protecting any confidentiality regarding user names and associated passwords he creates.

2. Acceptance of Terms and Conditions of Use

Clicking on any DAN website constitutes an understanding and agreement that users will abide by these Terms and Conditions of Use. ubAlert.com maintains the right to revise or change any section outlined in these Terms and Conditions of Use and stipulates no advance notice shall be required. Accordingly, these Terms and Conditions of Use should be reviewed upon each visit to any DAN website by every user. Please see Section 2, outlined below.

User agrees it is his responsibility to ensure full understanding of these Terms and Conditions of Use as well as any previous revisions since his last visit. Any revisions or changes shall be posted within the "Last Updated" section at the top of this page.

3. Definitions

"Account" Outlined in its entirety above in inclusive of any user's creation of user name and password.

"ubAlert.com", "ubAlert.com websites" or "websites" collectively pertain to ubAlert.com and its affiliate websites, including present and any future sites, including, but not limited to:

http://www.ubalert.com

This is also applicable for any and all information and material provided via ubAlert.com.

"You" Refers to user or visitors to any ubAlert.com websites.

"Terms" All-inclusive of current terms in effect and as outlined here or elsewhere on any ubAlert.com websites.

ubAlert.com retains all rights at all times to discontinue or delete any user Accounts, including, but not limited to website availability, any displayed content and any equipment required by the user for access and/or use.

4. Changes Made to Terms and Conditions of Use

UbAlert.com retains the right to at any time revise the Terms and Conditions of Use; further, it also reserves the right to deny access any user of ubAlert.com, or any part thereof, including but not limited to any Privacy Policies, new conditions or guidelines. ubAlert.com reserves the right to impose fees for access to its websites, including storage, access or other associated fees. Said changes, revisions or modifications shall be effective immediately upon posting and notice thereof, which may be given by means including, but not limited to, posting on ubAlert.com websites or by electronic or conventional methods of communication. DAN websites reserve the right to decline any mass communication efforts, such as email, as a vehicle for notifying users of changes or revisions. Any use of ubAlert.com by user any notice shall be deemed to constitute acceptance by user of such changes, revisions or modifications. We encourage you bookmark this page and review its contents in their entirety each time access is made to ubAlert.com, with particular attention being paid to "Last Update" at the top of this page. It remains the user's obligation to ensure he remains in compliance with these Terms and Conditions of Use.

5. Content Submissions for Inclusion on DAN Websites

ubAlert.com claims no ownership of the content submitted by its users on any of its websites. Users retain all ownership for their content. The sufficient receipt of any submissions by users and acknowledged by user shall be granted to DAN and its affiliates the license to publicly display, use, reproduce, modify, distribute and/or adapt said submissions. This licensing shall remain in effect as long as user wishes to continue content submission. Users retain the right to edit their submissions at any time. In the rare instance DAN chooses to license any user submissions as stand-alone content to a third party, DAN shall pay users a percentage of any licensing fees that result out of such submissions. These rates shall be determined by DAN management.

Content submissions are accepted only as non-confidential classification and ubAlert.com is under no obligation to ensure confidentiality over said information in any manner, with exception pursuant to the ubAlert Privacy Policy. User represents and warrants to DAN full legal right, power and authority provided herein, that it's owned or controlled by user in its entirety and other rights to the material submitted by the user for the purposes outlined in this license. The use of the material or the exercise of the rights granted shall infringe upon or violate the right of privacy or publicity of, or constitute libel or slander or violate any state or federal laws of any person or entity.

Content that users submit and make available for publicly accessible areas remain the sole responsibility of the user, this includes any material contained in such content, including message board postings and/or instant messaging/chat messaging sessions. UbAlert.com does not verify, endorse or otherwise guarantee or validate any contents of any submission, message post or chat text. User may be held legally liable for any content of his submissions, message posts or chat sessions and may be held legally liable if his submissions or other communication sessions include copyrighted or otherwise trademarked, secret or patented law or other proprietary rights without permission of the owner or author or defamatory comments.

Submissions made by any user to ubAlert.com do not represent the views or opinions of ubAlert.com, DAN or any individual associated or employed with ubAlert.com, DAN nor does it control this content.

Website user submissions to ubAlert.com are not indicative of the views of ubAlert.com, DAN or any employee or individual associated with ubAlert.com. In no event shall users represent, suggest, either directly or indirectly, ubAlert.com's endorsement of user's submissions.

UbAlert.com does not verify the accuracy or credibility of any user's content submitted on its websites, nor does it accept any responsibility or assume any liability for any actions users may take as a result of reading published content by other users on ubAlert.com. Through the use of ubAlert.com, users may be exposed to content that may be inflammatory to the reader. Further, some users may find it disagreeable, objectionable, inaccurate, deceptive or otherwise harmful. The risk exists of dealing with underage minors, users operating under false pretense, international trade issues or other foreign nationals. By accessing and using ubAlert.com, user assumes all associated risks.

6. Copyright and Protected Material

UbAlert.com contains copyrighted material, trademarks and certain proprietary information that includes, but is not limited to, text, software applications, photos, videos, graphics, music or other sounds and other media. Further, ubAlert.com in its entirety is protected by the United States copyright laws as a collective work. UbAlert.com owns full copyright in the arrangements, enhancements, coordination, design, layout and selections of all content, as well as original content within its sites. Users are strictly prohibited from publishing, transmitting, licensing, modifying, participating in the transfer, licensing or sale or any and all creative derivative works. Users may not, in any way, exploit any of the site's content, copyrights, trademarks or other property interests therein, in whole or part. When authorized by ubAlert.com or DAN, users may be allowed access for downloading copyrighted material for user's personal use only. Except and unless as otherwise expressly permitted under copyright laws of the United States, no copying, distribution, transmission, licensing, publication or commercial exploitation of downloaded material shall be permitted without the express written permission of ubAlert.com and any additional copyright owners or owners of any other legal interests. In the event of permitted copying, distribution or publication of copyrighted material, there shall be no changes to or deletion of author attribution, trademarks or copyright notice shall be made. User acknowledges that he or she does not acquire or shall make claim to any ownership rights by downloading copyrighted material. Further information on United States copyright law can be found on the website http://lcweb.loc.gov/copyright/.
UbAlert.com may, from time to time, become a distributor, but not a publisher, of content supplied by third parties other than registered users of ubAlert.com. Accordingly, ub does not claim editorial control over any such content than does a public library, bookstore, newsstand or other facility with similar interests. Opinions, advice, statements, services, offers or other information or content expressed or made available via third parties, including information providers and other users of ubAlert.com are those of the respective writer, author or distributor and are in no way to be construed or attributed to ubAlert.com or DAN. Neither ubAlert.com nor any other third party provider of information shall guarantee the accuracy, completeness or usefulness of any content or posting, nor its fitness or acceptability for any particular purpose. UbAlert.com does not endorse nor shall it take responsibility for the accuracy or reliability for any opinions, advice, comments or statements made on the ubAlert.com website by anyone other than authorized ubAlert.com employees who are acting in their official capacities. Under no circumstances shall ubAlert.com accept liability for any loss or damage due to the user's choice to rely on any information, opinion, advice or other content made available via ubAlert.com.
DAN respects the copyrights and ownership of others' work and expects its users to do the same. By uploading, posting or otherwise making available any content on ubAlert.com, user represents that he owns or otherwise posses the intellectual property rights to submit such materials. User shall not upload, post or otherwise make available on ubAlert.com any material protected by copyright, trademark or other proprietary rights without the express written permission and approval of the respective owner of the copyright, trademark or other proprietary rights. The burden of determining the material's availability and any copyright or proprietary issues rest solely with the user. User shall remain liable for any damages resulting from infringement of copyrights, proprietary rights or any other harm that may result from such submission. By submitting material to any public area of ubAlert.com, you automatically warrant and grant that the owner of these materials has granted express use to ubAlert.com, as well as the royalty-free, perpetual, irrevocable, non-exclusive right to use and any other licensing issues. Modifications, adaptations, publications, translations, reproductions and distribution of any such material, in its entirety or in part, as well as permissions that allow any other users to access, view, store or reproduce the material for his personal use on ubAlert.com rests solely on the initial user. You hereby grant ubAlert.com the right to publish, copy distribute and edit any such material that is made available on ubAlert.com by user.
If a user believes a claim of copyright infringement with respect to material that is posted in any way on ubAlert.com's websites, he may provide, in writing, notification of his claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998.

7. User's Conduct on ubAlert.com and Its Associated Websites

If user submits any material or participates in any online forum or any other forum or similar experience within or in connection with ubAlert.com, user agrees to abide by the following Rules of Conduct:

User agrees to not collect email addresses or any other form of contact information from any of ubAlert.com's users by any means with the intent of approaching with unsolicited communications;
User agrees to not post or transmit via ubAlert.com any material that violates or infringes in any way upon the rights of others, including statements that may be deem d inflammatory or may be construed as defamation, abusive, harassment, stalking or otherwise threatening to others;
User agrees to not post or transmit through ubAlert.com any material that is grossly offensive to the online community, including blatant expressions of racism, bigotry abusive or vulgar language or profanity;
User agrees to not post or transmit via ubAlert.com any statements that advocate or provides instruction or guidance on illegal activity nor participate in any distribution of material or discussions that advocate or advances pornography, pedophilia, incest or bestiality;
User agrees to not post or transmit via ubAlert.com any statements that advocate or provides instruction on any illegal activity or discussions of illegal activities with the intent to perpetuate or commit said activities;
User agrees to not post or transmit through ubAlert.com any material that perpetuates, infringes and/or violates any rights of a third party or any law, engages in activities that would constitute a criminal offense or give rise to a civil liability;
User agrees to not post or transmit via ubAlert.com, without ubAlert.com's express prior approval, any material that advocates advertising of or solicitation of products or services, including but not limited to, the solicitation of users to become subscribers of other on-line information or services that are competitive with ubAlert.com;
User agrees to not post or transmit via ubAlert.com any software or other material that contains a virus or other harmful or disruptive component;
User agrees to not post or transmit via ubAlert.com material or statements that are not generally relative to the designated topic or theme of any chat room, bulletin board or other area on ubAlert.com.
User agrees to not upload, post or otherwise allow on ubAlert.com websites any protected or copyrighted material that has a trademark, trade secret, right of publicity or other proprietary rights without the express written permission of the owner of said protected material. ANY PERSON DEEMED BY MANAGEMENT OF UBALERT.COM AND IN ITS SOLE DISCRETION TO HAVE REPEATEDLY VIOLATED THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF OTHERS SHALL BE BARRED FOREVER FROM SUBMITTING OR POSTING ON UBALERT.COM WEBSITES;
User agrees to not impersonate any person or entity, including, but not limited to any ubAlert.com or DAN employee or falsely state or other misrepresent his affiliation with any person or entity;
User agrees to not interfere with any other user's right to privacy, including harvesting or collecting information that would reveal or identify information about ubAlert.com users;
Users agree to not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any port of ubAlert.com websites. Users agree to not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of solicitation;
User agrees that when necessary, documentation shall be presented upon request by representatives of ubAlert.com regarding release of liability of user that might have risen in relation any such use;
User agrees to not solicit information from anyone under eighteen, including personally identifiable information for any purposes;
User and his affiliated persons who appear in submissions agree each party is not now a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other Rights society;
Any conduct that is considered restrictive or inhibiting and prevents anyone else from accessing or using ubAlert.com will not be permitted access to the websites. This will remain at the sole discretion of ubAlert.com. Further, ubAlert.com reserves the right to remove or edit any messages or material submitted by any user and to terminate any Account for any reason. UbAlert.com will not be responsible for any material submitted to any of its websites or posted in any forum on its websites by any user.

These provisions within this Section are outlined for the benefit of ubAlert.com, its subsidiaries, affiliates and any third party content providers and licensors. Each shall maintain the right to assert and enforce such provisions directly or on its own behalf.

8. Monitoring

UbAlert.com shall maintain the right without the obligation to monitor the content of ubAlert.com, including all online forums to discern compliance with these TERMS AND CONDITIONS OF USE. DAN and ubAlert.com shall maintain the right and in its sole discretion shall edit, refuse to post or remove any material submitted to or posted on ubAlert.com and any of its forums. Without limiting the above, ubAlert.com shall maintain the right to remove any material it finds to be in violation of provisions outlined above or determines to b objectionable in any way. Additionally, ubAlert.com shall share any information that could identify any user with government authorities and shall respond to civil or criminal subpoenas or court orders when legally required to do so.

ubAlert.com's monitoring and modification of any content does not constitute in any manner any responsibility or liability in any manner on the part of ubAlert.com in connection with use from any users of ubAlert.com.

9. Repeat Infringements

ubAlert.com's policy for those who are deemed repeat infringers is to terminate those users and shall do so at its own discretion. Further, access may be severely limited in some cases, either before termination or in the capacity as a warning to any user found infringing the rights of other users or by not adhering to these Terms and Conditions of Use.

10. Sponsors and Third Parties

ubAlert.com may, at times, provide links to other websites. ubAlert.com asserts no control over such sites. Users acknowledge and agree that ubAlert.com shall not be held responsible for external sites and shall not endorse nor held responsible or liable for any content, advertising, products or other materials. Users further agree that ubAlert.com shall not be held responsible or liable for any damage or loss caused by or alleged to be caused by use of any content, goods or services available via any such site. Users should direct any questions or comments relating to third party sites directly to the management of these sites.

ubAlert.com may show commercial images and/or links to sponsors of ubAlert.com. ubAlert.com will not be responsible or liable for the content of those images and/or links.

No third party may use framing technologies or functionalities to contain any content provided by ubAlert.com, for purposes either commercial or non-commercial, without express prior and written consent from ubAlert.com and its management.

No third party may provide links to any content within ubAlert.com without the express prior written consent from ubAlert.com and its management.

11. Disclaimers and Limitations

Users agree that use of ubAlert.com is at his own risk. Neither ubAlert.com, DAN, its affiliates or respective employees or agents warrant that ubAlert.com will remain uninterrupted or free or error. Further, no warranty is made to the results obtained or the accuracy to any content of any information, service or merchandise provided through ubAlert.com and its websites.

UBALERT.COM IS PROVIDED ONLY ON AN "AS IS" BASIS WITH NO WARRANTIES OF ANY KIND, EXPRESSLY OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTIONS OR MODIFICATIONS UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS OF USE.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, SOFTWARE VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERNATIONS OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. USERS SPECIFICALLY ACKNOWLEDGE UBALERT.COM WILL NOT BE LIABLE FOR ANY ILLEGAL, DEFAMATORY OR OFFENSIVE CONDUCT OF OTHER USERS OR VISITORS OF WEBSITES OR THIRD PARTIES. USERS ACKNOWLEDGE THE RISK OF INJURY RESTS ENTIRELY WITH THE USER.

IN NO EVENT WILL UBALERT.COM, ITS PARENT OR AFFILIATED COMPANIES, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING UBALERT.COM. UBALERT.COM SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING, WITH NO LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE UBALERT.COM. UBALERT.COM, ITS PARENT OR AFFILIATED COMPANIES OR EMPLOYEE OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SHALL BE HELD LIABLE FOR ANY DAMAGES, CLAIMS OR INJURY, WITH NO LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR PERSONAL OR BODILY INJURY ARISING FROM OR IN CONNECTION WITH USER CREATING CONTENT BY VIDEOTAPING PHOTOGRAPHING OR OTHERWISE SUBMITTING TO UBALERT.COM. USER ASSUMES ALL RISK FOR DAMAGES, CLAIMS OR INJURIES. USER HEREBY ACKNOWLEDGES THE PROVISIONS OF THIS SECTION SHALL APPPLY TO ALL CONTENT ON UBALERT.COM.

NEITHER UBALERT.COM, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN OR UNTIMELINESS OR INAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN UBALERT.COM OR ANY DELAY OR INTERRUPTION IN THE TRANSMISSIONTHEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER UBALERT.COM, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE REMAINS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION.

ubAlert.com makes reasonable efforts to protect personally identifiable information about its users as explained in its Privacy Policy, found here, but ubAlert.com disclaims any and all liability of any kind for any unauthorized access to or use of any user's personally identifiable information. By accessing ubAlert.com, users acknowledge and agree to ubAlert.com's disclaimer of any such liability.

12. Termination

Users agree ubAlert.com, in its sole discretion, may terminate any user Account, password, and User Name and/or use of the Web sites and may remove and discard any content within the ubAlert.com websites for any reason, including, without limitation, the belief users have violated or acted inconsistently with the letter or spirit of these TERMS AND CONDITIONS OF USE. Users agree any termination of access to the websites under any provision of these TERMS AND CONDITIONS OF USE may be effective with no prior notice and acknowledge and agree that ubAlert.com may immediately deactivate or delete any user Account, password, and user name and all related information and files associated with it and/or bar any further access to such files or websites. Further, user agrees ubAlert.com shall not be liable to user or any third-party for any termination of access to the websites. The provisions of Sections 6, 9 (C), 9 (D), 10, 12, 13 and this Section 11, shall survive termination of these terms.

13. Indemnification

User agrees to defend, indemnify and hold harmless ubAlert.com, DAN, its affiliates and respective directors, officers, employees or agents from and against all claims and expenses, including attorneys' fees arising out of the use of ubAlert.com by user or user Account or any other person using the Account. ubAlert.com reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this Section. In such event, user shall provide ubAlert.com with cooperation as is reasonably requested by ubAlert.com or DAN.

14. Trademarks

"ubAlert.com" and the ubAlert.com logo are service marks of DAN. All rights reserved. All other trademarks, logos and service marks appearing on ubAlert.com are the property of ubAlert.com and/or its respective owners.

15. Other

These terms and any operating rules for ubAlert.com established by ubAlert.com constitute the agreement in its entirety of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties. These terms shall be construed in accordance with the laws of the State of Georgia, with no regard to its conflict of laws. If user access to ubAlert.com from any location other than the United States, user accepts full responsibility for compliance with all local laws. User is also subject to United States export controls and shall be responsible for any violations of United States embargoes or other Federal rules and regulations restricting exports. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these terms is found by a Court of competent jurisdiction to be invalid or unenforceable, it shall be replaced with language according its original purpose in a valid and enforceable manner. The enforceable sections of these TERMS AND CONDITIONS OF USE will remain binding upon all parties.

16. Force Majeure

Neither ubAlert.com nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Compliance with the Digital Millennium Copyright Act of 1998

ubAlert.com is committed to ensuring full compliance with U.S. Copyright laws and expects its users to do so as well. Accordingly, as a courtesy to its users, ubAlert.com is providing the following information regarding its understanding of the Digital Millennium Copyright Act of 1998 ("DMCA") regarding notice of claimed online copyright infringement. ubAlert.com is in no way attempting to provide legal advice. Any persons wishing to assert or oppose a claim under the DMCA should consult his own legal adviser concerning these matters.

The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements based on unauthorized use of their protected works appearing on web pages hosted by the service provider. Upon receipt of properly filed complaints that satisfy the requirements of the DMCA, ubAlert.com shall remove or block access to the allegedly infringing material posted by third party users of the ubAlert.com websites. If an ubAlert.com user who posted such material believes in good faith that a notice of copyright infringement has been wrongly filed, the user may submit a counter-notice to assert a private dispute with the claimed copyright owner. ubAlert.com shall not be a party to such disputes over alleged copyright infringement.

Providing Notification of Claimed Copyright Infringement

If any user believes in good faith that information posted by a user on an ubAlert.com website violates his rights under U.S. copyright law, please use the information below to contact us.

Submitting a Response to a Claim of Copyright Infringement

More information on U.S. copyright law can be found at the following Web sites:

If you believe in good faith that information posted by a user on ubAlert.com violates your rights under U.S. copyright law, you may notify ubAlert.com in the manner described below under "Notice and Procedure for Making Claims of Copyright Infringement Regarding Material on ubAlert.com". You should be aware that U.S. Copyright Law provides substantial penalties for false claims of copyright infringement. According to the Digital Millennium Copyright Act of 1998 ("DMCA"), claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and any applicable attorney's fees.

Notice and Procedure for Making Claims of Copyright Infringement Regarding Materials on ubAlert.com

You may give ubAlert.com written notification of your claim in accordance with the requirements of the Digital Millennium Copyright Act of 1998 as provided in the DMCA and summarized below. The ubAlert.com Copyright Administrator is referred to "Designated Agent" for purposes of receiving notice under the DMCA.

Written notification of your claim must be submitted to the following Designated Agent to Receive Notification of Claimed Infringement:

Name: Copyright Administrator
Address: 89 Ho'okele St, Suite 201, Kahului, HI 96732 - USA
AX Number: +1-808-893-2401
Telephone Number: 1-808-893-2402
E-mail Address: copyright@ubAlert.com

To be effective, the notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit ubAlert.com to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written notification containing the information as outlined in paragraphs above:

ubAlert.com shall remove or disable access to the material that is alleged to be infringing and shall forward the written notification to the person or entity who posted the material at issue;

ubAlert.com shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter Notification

A person who receives a notification of alleged copyright infringement and believes that the claim is erroneous may submit a counter notification to ubAlert.com's Designated Agent within thirty (30) days of the date the material was removed from the site.

To be effective, a counter notification must be a written communication that includes substantially the following:

A physical or electronic signature of the person submitting the counter notification;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled;

The person's name, address, and telephone number, and a statement that the he or she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the person's address is outside of the United States, for any judicial district in which ubAlert.com may be found, and that the person will accept service of process from the complaining party or an agent of such person.

Upon receipt of a counter notification containing the information as outlined in paragraphs above:

ubAlert.com shall promptly provide the complaining party with a copy of the Counter Notification;

ubAlert.com shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days.

ubAlert.com shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided ubAlert.com's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on ubAlert.com's Web sites.