1. SERVICE
1.1 DEFINITIONS "Terms Of Service" means a collective reference to this Terms of Service Agreement. "Service" means a collective reference to the Customers camera(s), broadband internet connection and subscription(s) to the Terrafox video hosting and relay system. Customer means the end user participation in the Subscription to the Terrafox Service or any parties using the Service on behalf of Customer.

2. FEES AND BILLING
2.1 SUBSCRIPTION Is the level of Service Customer and Terrafox agree upon. This is comprised of how many cameras and their associated viewing and storage details an account has, guest account(s) and additional system options. No Service Subscription will retain data for more than 31 days.
2.2 RECURRING CHARGES The Subscription will be billed in advance each month until Customer gives notice of Termination in advance of such billing. Terrafox must have a valid credit card on file always to maintain a valid Subscription with Customer.

3. CUSTOMER RESPONSIBILITIES AND ELIGIBILITY
3.1 CUSTOMER ELIGIBILITY Each Customer must be at least 18 years old, or the age of majority, as determined by the laws of his or her State of residency, have a valid credit card and billing address to pay for the service and agree to these Terms of Service. Customer must provide sufficient internet bandwidth to access the full potential of each Subscription.
3.2 CUSTOMER EQUIPMENT Customer is entirely responsible for procurement, maintenance and repair of any devices customer needs to fulfill their subscription, including but not limited to any: cameras, computers, switches, routers, wiring internet connection and any other associated hardware and service necessary to utilize Service.
3.3 CUSTOMER'S CONDUCT The Customer shall be solely responsible for the contents of his/her usage of the Service. Use of the Service is subject to all applicable local, state, national, and international laws and regulations. The Customer shall (1) not use the Service for illegal or unlawful purposes, (2) not cause loss or create service degradation for other users, (3) comply with all regulations, policies and procedures of networks connected to the Service. Customer must agree and acknowledge that, if such Customer 's data consumption places an overly large burden on the Service or is otherwise not typical of the typical user of the Service, then (1) such Customer's Service may be Terminated or suspended or (2) in order to continue Service, such Customer shall be required to subscribe to a level of the Service that contemplates higher data consumption levels. For each Customer account and guest account subscribed to in the Subscription, enables Customer to log into the Service once each. (Example: one account with two guest account would allow for two computers and a smart phone to all access the service at the same time.) Any breach of this one to one relationship can cause the Customer to be Terminated or suspended.
3.4 REVIEW OF TERMS OF SERVICE It is the Customers sole responsibility to review and check for updates to the Terms of Service which is available at: http://terrafox.com/terms-of-service.php.
3.5 DATA BACKUP It is the sole responsibility of the customer to backup any stored recordings on the Service to protect against any potential loss.

4. TERM AND TERMINATION
4.1 TERM BOTH CUSTOMER AND TERRAFOX ACKNOWLEDGE AND AGREE THE TERM IS MONTH TO MONTH.
4.2 TERMINATION BOTH CUSTOMER AND TERRAFOX ACKNOWLEDGE AND AGREE THEY HAVE THE RIGHT TO TERMINATE SERVICE FOR ANY REASON AT ANY TIME. NOTICE OF TERMINATION MUST BE SENT VIA EMAIL TO SUPPORT@TERRAFOX.COM. WHEN CUSTOMER ELECTS TO TERMINATE THEY MUST RECEIVE ACKNOWLEDGEMENT OF RECEIPT FROM TERRAFOX, WHICH WILL NOT BE UNREASONABLY WITHHELD. SHOULD TERRAFOX ELECT TO TERMINATE THE CUSTOMER IT WILL USE THE CONTACT INFORMATION PROVIDED BY CUSTOMER. TERRAFOX WILL USE THEIR BEST REASONABLE EFFORT TO CONTACT CUSTOMER
4.3 EFFECT OF TERMINATION UPON TERMINATION ALL CUSTOMER ACCOUNT DETAILS, CONTENT, VIDEO AND ANY DATA RELATING TO THE CUSTOMER CAN BE DELETED FOREVER. IF EITHER PARTY TERMINATES FOR ANY REASON TERRAFOX WILL NOT BE REQUIRED TO REFUND ANY PREPAYMENT OF SERVICE.

5. LIMITATIONS OF LIABILITY In no event shall Terrafox be liable to Customer, any Customer representative, any third party or otherwise, for any incidental, special, punitive, indirect or consequential damages, including lost revenue, lost profits, damage to customer equipment, loss of technology, loss of data, non-deliveries, or in any way related to the Service or any aspect of Customer's business, whether under theory of contract, tort (including negligence), strict liability or otherwise. IN NO EVENT WILL TERRAFOX'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS TERMS OF SERVICE WHETHER IN TORT (INCLUDING NEGLIGENCE AND GROSS MISCONDUCT), CONTRACT, OR OTHERWISE EXCEED THE AMOUNT INVOICED AND PAID BY CUSTOMER FOR THE SERVICES WHICH ARE THE SUBJECT OF THE DISPUTE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE SUBJECT CLAIM AROSE. Terrafox may change the Service, including software or features at any time and for any reason.

6. INDEMNIFICATION Customer shall defend, indemnify and hold Terrafox harmless against any and all Claims brought by third parties, arising out of or relating to this agreement or Service provided.

7 AS-IS NO WARRANTY TERRAFOX MAKES NO WARRANTIES. TERRAFOX PROVIDES IT'S SERVICES AND WEBSITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TERRAFOX, ITS AFFILIATES, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. TERRAFOX DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE OR WEBSITE OR ANY CAMERA OR OTHER DEVICE OR THAT ACCESS TO OR USE OF THE SERVICE OR ASSOCIATED EQUIPMENT AND PARTIES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. INTERRUPTION OF SERVICE OR UNAVAILABILITY Customer understands and acknowledges that the Service may be interrupted or completely unavailable from time to time for a multitude of reasons. Customer understands that the Service uses many third parties to facilitate the Service and outages and interruptions can and do happen with these third parties. In certain places Service may be completely unavailable. Terrafox is not responsible for any interruptions of the Service or outages or unavailability or loss of data.

9. FORCE MAJEURE Terrafox will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes or acts of God.

10. MISCELLANEOUS UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. OUR LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ARIZONA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF PIMA COUNTY, ARIZONA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

11. TERMS OF SERVICE UPDATES The Terms of Service, may change at any time without notice and will be available for review at: http://terrafox.com/terms-of-service.php