1st Responder Wireless News network

AGREEMENT BETWEEN BELSITO COMMUNICATIONS, INC. D/B/A 1^ST RESPONDER WIRELESS NEWS AND DISPATCHERS

WHEREAS BELSITO COMMUNICATIONS, INC. D/B/A 1^st RESPONDER WIRELESS NEWS AND YOU HAVE DECIDED TO ENTER INTO AN EXCLUSIVE VOLUNTARY AGREEMENT WHEREIN AND WHEREBY YOU HAVE VOLUNTARILY AGREED TO PROVIDE INFORMATION TO BELSITO COMMUNICATIONS, INC. D/B/A 1^ST RESPONDER WIRELESS NEWS; and,

WHEREAS BELSITO COMMUNICATIONS, INC. D/B/A 1^ST RESPONDER WIRELESS NEWS MAY PROVIDE TO YOU OR CERTAIN QUALIFYING TAX-EXEMPT CHARITABLE ORGANIZATIONS THAT MAY BE DESIGNATED BY YOU REWARDS FOR PROVIDING SUCH VOLUNTARY INFORMATION PREMISED UPON SUCH TERMS AND CONDITIONS AS BELSITO COMMUNICATIONS, INC. D/B/A 1^ST RESPONDER WIRELESSLESS NEWS MAY, IN ITS SOLE DISCRETION DETERMINE; and

YOU AGREE THAT YOU ARE PROVIDING THE AFORESAID INFORMATION ONLY TO BELSITO COMMUNICATIONS, INC. D/B/A 1^ST RESPONDER WIRELESS NEWS, YOU AGREE TO ABIDE BY THE FOLLOWING TERMS:

ACCEPTANCE OF TERMS
The Information that You voluntarily provide as a dispatcher to BELSITO COMMUNICATIONS, INC. D/B/A 1^st RESPONDER WIRELESS NEWS (herein sometimes referred to as “1^st RESPONDER”) is subject to the following Terms of Use ("TOU"). 1^st RESPONDER reserves the right to update the TOU at any time without notice to You.

DEFINITION OF INFORMATION
Information shall be defined as any communication transmitted or submitted to 1^st Responder by You.

LEGALITY OF INFORMATION
Such Information must be legally acquired by You prior to your transmission or submission of said Information to 1^st RESPONDER. By way of example, and not as a limitation, you agree that when providing Information to 1^st RESPONDER, you will not:
-Use the network in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
-Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
-Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or Information.
-Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
-Use any material or information, including images or photographs, which infringes on any copyright, trademark, patent, trade secret, or other proprietary right of any party.
-Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
-Advertise or offer to sell or buy any goods or services for any business purpose
-Download any file posted by another that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
-Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
-Restrict or inhibit any other user from using 1^st RESPONDER.
-Harvest or otherwise collect information about others, including e-mail addresses.
-Violate any applicable laws or regulations.
-Create a false identity for the purpose of misleading others.
-Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of 1^st RESPONDER.

1^st RESPONDER has no obligation to monitor the Information transmitted between dispatchers, nor an obligation to monitor the Information with or between dispatchers and 1^st RESPONDER. However, 1^st RESPONDER reserves the right to review the Information sent to 1^st RESPONDER and to remove any Information in whole or in part in its sole discretion. 1^st RESPONDER reserves the right to terminate your access to any or all of the 1^st RESPONDER network at any time, without notice, and for any reason whatsoever.
1^st RESPONDER reserves the right at all times to disclose any Information as 1^st RESPONDER deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Information, in whole or in part, in 1^st RESPONDER'S sole discretion.
Always use caution when giving out any personally identifiable Information about yourself to 1^st RESPONDER. 1^st RESPONDER does not control or endorse the Information provided by You, and, therefore, 1^st RESPONDER specifically disclaims any liability with regard to any Information sent to it and subsequently transmitted to any person or entity thereafter.
As a condition of You providing Information to 1^st RESPONDER, you will not use your access to 1^st REPSONDER for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use 1^st RESPONDER networks in any manner that could damage, disable, overburden, or impair any 1^st RESPONDER server, or the network(s) connected to any 1^st RESPONDER server, or interfere with any other party's use and enjoyment of 1^st RESPONDER. You may not attempt to gain unauthorized access to any 1^st RESPONDER account, computer systems or networks connected to any 1^st RESPONDER server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or Information through any means not intentionally made available through 1^st RESPONDER.

TERM/EXCLUSIVITY
You agree to provide the Information exclusively to 1^st RESPONDER during the Term hereunder and 1^st RESPONDER shall have the right to use or authorize the use of the Information in any manner in its sole discretion. Without limiting the generality of the foregoing, You shall not transmit, use, license or authorize the transmission, use or license of the Information by or to any third-party (ies). As used hereunder, “Term” shall mean the period of time commencing on the date of Your clicking the “I accept” tab hereunder and continuing until terminated by written notice (including without limitation by e-mail notice) to You by 1^st RESPONDER for any reason whatsoever. Without limiting the generality of the foregoing and 1^st RESPONDER’S rights and remedies at law, equity, contract or otherwise, (a) 1^st RESPONDER shall have the right to terminate the Term if You breach the aforementioned exclusivity and (b) commencing immediately upon termination You shall not be eligible for the Rewards Program. In consideration for the aforementioned exclusivity, You are eligible to receive and participate in the Rewards program in lieu of any other form of compensation.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as press releases, reports from other dispatchers, call lists) from 1^st RESPONDER is granted, provided that (1) use of such Documents from 1^st RESPONDER is solely for dispatchers to communicate with other dispatchers currently affiliated with 1^st RESPONDER; and (2) no modifications of any Documents are made. Without limiting any other provision hereunder, 1^st Responder shall have all right, title and interest in and to the Documents. Use for any other purpose by you is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 1^st RESPONDER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS. ALL SUCH DOCUMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. 1^st RESPONDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL 1^st RESPONDER AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THESE DOCUMENTS.
THE DOCUMENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 1^st RESPONDER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

DISPATCHER ACCOUNT, PASSWORD, AND SECURITY.
When you agree to voluntarily provide information to 1^st RESPONDER, You must complete the registration process by providing 1^st RESPONDER with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify 1^st RESPONDER immediately of any unauthorized use of your account or any other breach of security. 1^st RESPONDER will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, You could be held liable for losses incurred by 1^st RESPONDER or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

INFORMATION PROVIDED TO 1^st RESPONDER/OWNERSHIP/WARRANTIES AND REPRESENTATIONS
You shall provide your Information hereunder to 1^st RESPONDER by any of the following means (as such terms are customarily understood in the internet industry): posting, uploading, or inputting to 1^st RESPONDER. Upon receipt by 1^st RESPONDER of the Information, 1^st RESPONDER, its affiliated companies, licensees and any other third-party (ies) authorized by 1^st RESPONDER, shall have the right, but not the obligation, to use and authorize the use of the Information in any manner whatsoever in its sole discretion, including without limitation, editing, copying, distributing and transmitting. As used herein, “compilation format” shall mean individually and collectively all of the results arising out of 1^st RESPONDER’s use of the Information herein. 1^st RESPONDER owns and reserves all right (including copyright and trademark), title, and interest in and to the compilation format.
You warrant and represent that (a) the Information provided to 1^st RESPONDER is true, accurate, current and complete; (b) You have the right and authority to provide to 1^st RESPONDER the Information, including without limitation the right to post, unload or input the submission; (c) or, if the Information contains images, you are the copyright owner of the images, or that the copyright owner of such images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use. You further agree: (1) that You have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; (2) that You have the consent of each person depicted in such Images, if any, to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images; and (3) that the use hereunder by 1^st RESPONDER (or by any party authorized by 1^st RESPONDER) of the Images will not infringe upon or interfere with the rights of any third party.
Without limiting the generality of the foregoing uses herein, by providing Information which contains Images, You are granting (a) to all members of your private community, and/or (b) to the general public, permission to use your Information containing Images, as permitted by these Terms of Use, the right, without limitation, to a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Information containing Images without having your name attached to such Information containing Images, and the right to sublicense such rights to any supplier. No compensation will be paid for such Information, including, but not limited to, that information containing images except as to the extent allowed (if any) by the rewards program created by 1^st RESPONDER.

INDEMNIFICATION
You hereby indemnify and hold harmless 1^st RESPONDER, its officers, and directors, licensees and assignees, against all claims, losses, damages and expenses, including reasonable attorneys' fees, incurred as a result of or related to a third party claim arising out of a breach by you of your warranties and representations hereunder.

BREACH
Without limiting any other provision hereunder, if You breach any of Your obligations under this Agreement, and the breach is not cured within five (5) days after 1^st Responder gives You written notice of the breach, then without limiting 1^st Responder 's rights and remedies, at law, equity, contractual or otherwise, 1^st Responder shall be entitled to terminate effective immediately the Term hereof; recover its costs (including attorney's fees) and monetary damages sustained by 1^st Responder as a result of Your breach; and Your profits resulting from Your breach..

LEGAL VENUE SELECTION
If any legal proceeding should arise under the terms of this agreement, the parties agree to litigate such proceeding in the Federal District Court for the Southern District of New York, White Plains, and/or the Supreme Court for Orange County, New York.

MISCELLANEOUS
If 1^st Responder, in its sole discretion, provides rewards to You or certain qualifying tax-exempt charitable organizations that may be designated by You in accordance with a Rewards program, if any, and/or provides to You any instrument that permits You to provide information to 1^st Responder , it is understood and agreed that 1^st Responder shall not treat such accommodations as compensation to You unless so required by law. Any instrument provided to You by 1^st Responder shall be promptly returned to 1^st Responder should 1^st Responder , in its sole discretion, elect that said instrument be returned to 1^st Responder . 1^st Responder may, in its sole discretion, elect to cover any costs related to your providing of information to 1^st Responder. However, should 1^st Responder elect to cover such costs, if any, such coverage of costs shall not be treated by 1^st Responder as compensation to You unless so required by law. It is understood and agreed that You are not under 1^st Responder’s dominion or control. 1^st Responder does not and will not dictate the amount of hours or the amount of information You can, will or must provide to 1^st Responder. There is no partnership, affiliation, or other relationship between You and 1^st Responder other than that which is specifically set forth in this agreement. In the event that 1^st Responder is required to report any of the above to any federal, state, or local authority, You agree that You are an independent contractor and that 1^st Responder shall not be responsible for any taxes, insurance, withholding or any similar or related items.

If in the course of Your providing to 1^st Responder Information pursuant to the terms and conditions hereof, it is necessary for 1^st Responder to make available to You equipment owned by 1^st Responder, then, 1^st Responder hereby licenses to You a nonexclusive, royalty- free license during the Term hereof to use 1^st Responder’s equipment solely for the purposes of providing Information to 1^st Responder in accordance with the terms and conditions hereof. As used hereunder, “equipment” shall include without limitation scanners, phones, PDAS, computers and antennas. Upon termination of the Term hereof or upon 1^st Responder’s request, You shall not later than three (3) days after termination or request, as the case may be, (“3 Day Period”) return to 1^st Responder the “equipment” in the same physical and working condition as when made available to You by 1^st Responder. If You fail to return the Equipment within the 3 Day Period, then, without limiting 1^st Responder’s rights or remedies at law or in equity, or under this Agreement, 1^st Responder shall have the right to recover from You monetary damages and other costs, including attorney’s fees arising from such failure. Monetary damages shall include (a) physical damage to Equipment; and (b) labor costs to restore the Equipment to its condition prior to said damage.

�2006 BCI New Media