SecureVideo.com Service Agreement

SIGNING UP FOR SECUREVIDEO.COM VIDEOCONFERENCING SERVICE CREATES A CONTRACT BETWEEN YOU AND SECUREVIDEO.COM. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO BE BOUND BY THIS CONTRACT.

These Terms of Service apply only to service plans whose pricing is published on the SecureVideo.com website. Other plans will be subject to Terms of Service which are provided as part of a written executed Agreement.

1. ENTIRE AGREEMENT. This SecureVideo.com Service Agreement (the “Agreement”) constitutes your entire Agreement with SecureVideo.com, a California corporation, and supersedes all prior agreements, discussions or writings between the parties regarding the subject matter of this Agreement.

2. CHANGES TO TERMS AND PRICING. From time to time, we may change the terms and conditions of this Agreement, including the pricing. We will notify you of any material changes to the Agreement or pricing no less than 30 days before the effective date of such change.

3. YOUR RESPONSIBILITIES. You are responsible for all use(s) related to your account. This means that you accept full liability and responsibility for your actions or the actions of anyone who may use the Service via your account with or without your permission. SecureVideo will be sending account passwords and session invitations via email over the Internet. You understand that Internet email is not a secure transmission medium, and that third parties may be able to intercept, access, use or corrupt any information that you transmit over the Internet. You acknowledge and understand that all Protected Health Information (PHI), as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), will be safeguarded by SecureVideo in such a way as to comply with the requirements of HIPAA, including but not limited to strong encryption of PHI, auditability of any changes to PHI, and implementation of security best efforts to safeguard PHI. For the purposes of using SecureVideo, PHI is limited to potential content exchanged by videoconferencing participants during a SecureVideo videoconference.

4. SERVICE. The videoconferencing services (the “Service”) provided by SecureVideo start on the day you sign-up, and end on the day that service is terminated. We have the right to suspend or discontinue the Service at any time without notice due to non-payment, breach of this Agreement, or unlawful or inappropriate use of the Service. After termination or disconnection of service, all charges then outstanding will be immediately payable.

5. FEES AND CHARGES. Applicable pricing is published on the SecureVideo.com website and shall be in effect at the time you sign up, and may be modified from time to time pursuant to this Agreement.

6. LICENSING. Any violation of any of the following sub-paragraphs shall constitute a breach of this Agreement and a theft of the services of SecureVideo. In this event, SecureVideo reserves the right to immediately terminate service, and take collection and legal actions, both criminal and civil, against any violators.

6.1. NON-TRANSFERABLE LICENSE. Your license to use SecureVideo’s software and services is non-transferable. Any modifications or tampering of the Service is a violation of this Agreement.

6.2. INDIVIDUAL ACCOUNTS. Individual accounts are licensed for use by one and only one person. The sharing or use of an Individual account by more than one person is a violation of this Agreement.

6.3. ENTERPRISE AND VIRTUAL CLINIC ACCOUNTS. Enterprise and Virtual Clinic accounts are licensed for use only by users within a single business organization, and within that organization by one and only one person per user profile. The sharing or use of such an account by multiple business organizations or more than one person per user profile is a violation of this Agreement.

6.4. DEVICE LICENSING. Certain types of SecureVideo accounts are licensed per device and not per user. For these types of accounts, each device must use a unique Device Login. The sharing or use of a Device Login across multiple devices is a violation of this Agreement.

7. BILLING AND PAYMENT

7.1. Billing. We will charge you at the end of the month for each calendar month of Service. Charges will be pro-rated for partial months of service. SecureVideo accounts can be upgraded but not downgraded. Failure to pay charges in a timely manner will result in suspension or termination of the Service.

7.2. Credit Card. Unless other payment methods have been previously arranged, YOU AGREE THAT WE MAY CHARGE YOUR CREDIT CARD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT. You agree to provide a credit card and not a debit card. We do not accept debit cards.

7.3. Collection. After the termination of the Service, you will remain liable to us for all charges under this Agreement and all the costs we incur to collect these charges, including, without limitation, collection costs, attorney’s fees and court costs. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest and charges due to insufficient credit.

8. MANAGEMENT OF YOUR DATA AND COMPUTER. SecureVideo cannot be held liable for unforeseen effects arising from the installation or use of our software on your computer or device.

9. WARRANTIES. SecureVideo makes no express or implied warranty regarding the Service and disclaims any implied warranty, including any warranties of merchantability and/or fitness for a particular purpose. SecureVideo does not warrant that the Service will function without failure, delay, interruption, error, degradation of quality or loss of content, data or information. SecureVideo does not authorize anyone to make a warranty of any kind on its behalf and you should not rely on any such statement. You are accepting the Service “as is” and you are not entitled to replacement or refund in the event of any such defect.

10. INDEMNIFICATION AND WAIVER OF CLAIMS. You agree to defend, indemnify, and hold harmless SecureVideo from any and all claims and/or liability for damages related to or arising out of the Service or any term of this Agreement, unless the claims or causes of action arise from our gross negligence or willful misconduct. This section shall survive the Agreement.

11. GOVERNING LAW. This Agreement and the relationship between you and SecureVideo shall be governed by the laws of California without regard to conflict of law provisions. Any litigation commenced pursuant to this Agreement shall be brought in a court of competent jurisdiction within the State of California.

12. NO WAIVER OF RIGHTS. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. SecureVideo reserves all of its rights at law and equity to proceed against anyone who uses this Service illegally or improperly. All determinations by SecureVideo under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.

13. NO THIRD PARTY BENEFICIARIES. No person or entity that is not a party to this Agreement will enjoy any right, remedy, claim, liability, reimbursement, or cause of action arising out of this Agreement. This Agreement does not create any third party beneficiary rights.

14. SEVERABILITY. If any part of this Agreement is declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

15. ARBITRATION. Except with respect to claims for amounts owed for services rendered, any and all disputes and claims between you and SecureVideo shall be resolved in accordance with the provisions of the California Code of Civil Procedure relating to binding arbitration and conducted by the American Arbitration Association and in accordance with their rules and procedures. All claims for Arbitration shall be submitted to and heard by the office of AAA located in San Francisco County, California. Should an evidentiary hearing be required by the Arbitrator, such hearing shall be heard in Alameda County, California.

16. EXPORT COMPLIANCE. You agree to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Service. You agree to comply with applicable local, state and federal regulations governing the locality in which the Services are used.

17. ASSIGNMENT. SecureVideo may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service without our prior written Agreement.

18. SURVIVAL. The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.

19. CALEA. SecureVideo intends to fully comply with the Communications Assistance for Law Enforcement Act (“CALEA”). By using the Service, you hereby agree and consent to SecureVideo’s right to disclose the nature and content of your communications if and as required by CALEA without any further notice to you. If you do not choose to record your videoconferencing sessions using the SecureVideo recording feature, SecureVideo will have no access to any of the content of your videoconferencing communications.

20. FORCE MAJEURE (EVENTS BEYOND SecureVideo’s CONTROL). SecureVideo shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of SecureVideo’s best efforts.

21. SOFTWARE COPYRIGHT. Any software used by SecureVideo to provide the Service and any software provided to you in conjunction with providing the Service is protected by copyright law and international treaty provisions. You may not copy or modify our software or any portion of it.

22. COPYRIGHT AND TRADEMARK; COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE. Our Web site content, materials, services, logs, service marks and trademarks are also protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.

23. AUTHORITY. Each individual signing this document possesses the authority to enter into this Agreement, and bind the entity on whose behalf he or she is executing the same.