This agreement (hereinafter referred to as the "Agreement") is entered between MISSION COMMUNICATIONS, LLC, a Georgia Limited Liability Company, (hereinafter referred to as "Mission") and the entity and individuals utilizing Mission's products and services, including its web site and database information (hereinafter collectively referred to as the "Customer") and is effective upon activation and use by Customer of Mission's products and services.

1. Customer agrees to pay Mission for hardware and monthly monitoring fees as defined in Mission invoices, and Mission agrees to provide Customer with monitoring and notification services by utilizing automated calling, paging, e-mailing, faxing or TCP/IP transfer of data to Customer's designated destinations as set forth in the Mission web site database on a best efforts basis. For additional operational and functional details, Customer should refer to the Mission product instructions.
2. Customer understands that Mission will not, with its own personnel, respond to or take action related to those events about which Mission provides monitoring and notification. Customer further understands that he/she is solely responsible for the final entries and schedules set forth in the Mission database, notwithstanding the fact that Mission may have entered the monitoring and notification information in that database on the Customers behalf.
3. Customer also understands that the data entries and schedules, residing in Mission's database, can be changed by the Customer. Customer furthers understands and agrees to bear the risk of loss or damage that may result from changes to the Mission database made by, or on behalf of the Customer, and that such changes may impair or prevent the Mission notification system from providing timely and successful notifications of detected events to Customers designated destinations.
4. Customer further understands that Mission makes no representations, promises, warranties, or guarantees that there will be no interruptions in service or delays in performing service, or as to the quality, usefulness, completeness and reliability of such service, and further that Mission provides no assurances that such service will be free of errors. Customer acknowledges that Mission utilizes wireless data services that may be provided by Cellemetry, Aeris, Cingular Wireless, Vistar, Nextel, and various participating carriers, and that such providers disclaim any and all liability arising from the Customer's use of Mission's products and services. Customer further understands that Mission has no control of, or responsibility for, the paging, cellular, radio, telephone, Internet, or other communication medium which the customer may rely upon for delivery of alarm or other messages sent by Mission.
5. Customer also understands that in further consideration of being granted the right to utilize Mission's monitoring and notification service, the Customer, on behalf of himself/herself, and any employees, agents, personal representatives, assigns, heirs, next of kin and any third party, agrees:
   1. To indemnify, defend and hold harmless Mission, its owners, directors, officers, employees, agents, suppliers or affiliated companies, against any and all claims, demands or actions based upon any losses, liabilities, damages or costs, whether direct or indirect, special or consequential, including attorneys fees, that may result from the operation of Mission's products and services, or from the failure of the Mission system to report a given event or condition
   2. To release, waive, discharge and covenant not to sue Mission, its owners, directors, officers, employees, agents, suppliers or affiliated companies, for any and all liabilities potentially arising from any claim, demand or action based upon any losses, liabilities, damages or costs, whether direct or indirect, special or consequential, including attorneys fees, that may result from operation of Missions products and services, or from the failure of the Mission system to report a given event or condition.
   3. That in the event Mission is found to be liable for any loss or damage arising out of mistakes, omissions, interruptions, delays, errors or defects in Missions products or services, such liability shall not exceed the total amount paid by the Customer to Mission for the latters services or $250.00, whichever is greater.
   4. That the Mission hardware includes a limited warranty that the product is free from defects in materials and workmanship for a period of one year from the date of delivery. Mission's obligation under this limited warranty is limited to repairing or replacing the product, at Mission's option, unless the product has been misused or improperly repaired or serviced by any party other than authorized Mission personnel, in which case the limited warranty is voided. Other than this limited warranty, Mission's products and services are provided with no other guarantees or warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.
   5. That neither Mission nor its owners, directors, officers, employees, or agents is an insurer and that the Customer is to maintain his/her own insurance coverage sufficient to provide compensation for any loss, damage, or expense that may arise in connection with the use of Mission's products or services.
6. Customer further understands and agrees that Mission's products and services are intended to monitor and notify Customer of events only relating to Customers non-critical mechanical and electrical equipment and are not intended to be used for a primary life-safety, burglary or fire detection and reporting system.
7. Customer is responsible for the ongoing, periodic testing of the Mission system, and shall notify Mission immediately if any failures are found.  Mission shall use all reasonable efforts to identify and resolve the perceived failures, but in no case will be obligated to travel to the Customer's premises to perform diagnostic or corrective actions.
8. Should the Customer choose to utilize Mission equipment and services to perform manual or automatic control for external equipment such as pumps, wells, or valves, Customer acknowledges that Mission performs this service on a best efforts basis. Mission recommends that customer not rely on Mission solely for the control of remote relay activated devices and that customer should make provisions for alternate means of remotely or locally operating said controls. Mission strongly recommends that Customer make electrical or mechanical provisions at the remotely controlled site equipment that will alleviate, or reduce the risks associated with the failure by Mission to properly control said remote relay control functions. Customer understands and acknowledges that there are other providers of such remote or local control technologies.
9. Customer agrees to pay Mission for a monthly per unit monitoring fee, which is to be prepaid on an annual basis, as indicated in Customer's invoice. The first annual service fee and hardware cost are to be paid within 30 days from the date of shipment of the Mission hardware. Although the hardware cost and monitoring fees are due and payable within 30 days of shipment from Missions factory, Customer may receive up to 90 days of service credit on the first term service, per monitored unit, for units not installed up to 90 days after shipment. Units not installed within 90 days from shipment will be billed as active, whether installed or not. Service credit will be applied to the second-year service period. After the expiration of the initial one-year term, this Agreement shall automatically renew for additional one-year periods, unless canceled by written notice to Mission at least sixty (60) days prior to expiration date of the then current term. Once a field RTU is in service, Mission shall not increase that device's annual monitoring fees by an amount greater than the percentage increase in the United States Bureau of Labor Statistics "Consumer Price Index." . In the case of failed hardware after the first years warranty that is described herein, Mission shall not charge the customer an amount more than $400 for the replacement of the main mother board and radio for the model 110 series hardware, more than $400 for the Model 110 and Model 400 series hardware and not more than $600 for the Model 800 series hardware. This replacement hardware must be used for an existing, active unit account.
10. The Customer understands the intended uses of Mission's products and services and will ensure that they are used in an intended and safe manner. Mission reserves the right to remotely take out of service any field unit that generates more than twenty five (25) alarm messages in any thirty day period. Mission may keep the offending field unit out of service until Mission and the Customer have agreed how to prevent the unit from transmitting further excess messages or made alternative arrangements. In addition, it is agreed that Mission personnel will be contacted if the Customer does not know how to install or operate Mission's products and services.
11. The Customer acknowledges that he/she has read and understands this Customer Service Agreement, and that he/she agrees to its terms and intends to be bound by them. The customer further understands that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance of the agreement shall, notwithstanding, continue in full legal force and effect.
12. Regardless of the place of contracting or performance, this Agreement and all questions relating to its validity, interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of the State of Georgia, and that any suit, action or other legal proceeding involving this Agreement shall be brought exclusively within the State or Federal Courts of Atlanta, Georgia.
13. The parties hereto acknowledge and agree that this Agreement contains the entire agreement between Mission and the Customer, and that there are no other representations, inducements, promises, or agreements, oral or otherwise, which are not embodied herein.