NY Alert Terms of Service

The following terms of use apply to subscriber's use of the New York State Public Safety Alert Mass Notification System:

I. Description of Service

The New York State (“NYS”) Public Safety Alert Mass Notification System (“NY-Alert”) allows an individual or an entity that registers through the NY-Alert public portal (a “Subscriber”), the ability to receive emergency and safety related messages, press releases, or alerts (“Notifications”). Information provided by a Subscriber during the registration process (“Registration Data”), will be made available to public safety organizations. Such organizations include, but are not limited to: fire, police, emergency medical, emergency management, campus safety officials and public health services (collectively, “Emergency Service Providers”). Registration Data allows Emergency Service Providers the ability to send Notifications to Subscribers via various communication channels such as by text message, email, voice calls, etc. Access to NY-Alert is provided by the NYS Office of Information Technology Services (“ITS”).

II. Terms of Use

Before accessing or using any functionality provided by NY-Alert, Subscriber must indicate acceptance of the Terms of Use (“TOU” or “Terms”) established herein. The TOU govern the Subscriber’s use of NY-Alert. Subscriber understands and agrees that any use of NY-Alert constitutes acceptance of the TOU. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including any new Services, will be subject to these Terms.

Subscriber understands and agrees to the following:

• By registering for NY-Alert and creating a Subscriber account, Subscriber expressly consents to the release of all of Subscriber’s Registration Data to Emergency Service Providers, which will be used in connection with the Notifications Subscriber has opted into receiving.
• To provide Registration Data, which will consist of: true, accurate, current and complete information about the Subscriber.
• To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Subscriber provides any information that is untrue, inaccurate, not current or incomplete, Subscriber understands that any Notifications sent via NY-Alert may not reach the intended recipient.
• That all Registration Data Subscriber provides to ITS is covered by the ITS Privacy Policy.
• That ITS does not guarantee the delivery of any Notification.
• That not all Emergency Service Providers have access to NY-Alert and that NY-Alert may not be utilized by all Emergency Service Providers.
• NY-Alert shall not be used in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• Use of NY-Alert shall comply with all applicable security policies and procedures of ITS, including the ITS Policy on Acceptable Use of Information Technology (IT) Resources. ITS security policies and procedures can be found at: https://www.its.ny.gov/eiso/policies/security.
• NY-Alert shall not be used for any political purpose or for financial or personal gain.
• NY-Alert shall not be used to send any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
• NY-Alert shall not be used to impersonate or attempt to impersonate another person or entity, including by utilizing another person’s identification, password, account name or persona without authorization from that person.
• NY-Alert shall not be used in any manner that could disrupt, disable, overburden, damage, or impair the Services, including the ability to send timely Notifications through NY-Alert, using various means including overloading, “flooding,” or denial of service attacks.
• Subscriber is responsible for not transferring or sharing any NY-Alert account or password information with any person or entity.
• Subscriber is responsible for the use of NY-Alert by any person or entity who accesses NY-Alert by using Subscriber’s credentials.
• Subscriber is responsible for promptly notifying ITS NY-Alert personnel upon knowledge of any unauthorized use of Subscriber’s account or password.

III. Messaging

Message and data rates may apply to the use of the Service which are your own expense.

IV. Eligible Users

By enrolling in NY-Alert, Subscriber certifies that:

• Subscriber is over 18 years of age and (a) Subscriber is the account holder or (b) Subscriber has the account holder’s permission to do so;
• If Subscriber is an entity, Subscriber has the authority to bind any organization on whose behalf it uses NY-Alert and the Services;
• Subscriber has the legal capacity to agree to these Terms; and
• Subscriber has read, understands, and agrees to be bound by these Terms.

V. Government- Location-Specific Communications

If Subscriber provides a mobile phone number for the purpose of receiving Notifications, Subscriber authorizes the receipt of the Notifications, which are inclusive of time-sensitive, public safety communications and other government communications via SMS, email, or other similar protocol or technology based on Subscriber’s specific location at the time a Notification is disbursed. If we receive a public health or safety alert that affects a specific location, we will attempt to send that communication to the mobile phones of all registered Subscribers in the area covered by that Notification, as well as those Subscribers who have specifically registered to receive such communication. Such communications are expressly authorized by Subscriber.

VI. Intellectual Property Rights

All text, software (including source and object codes), visual, oral or other digital material, photographs, information, data, graphics and all other content of any description included in the Services, including any communications, (collectively, the “Content”), and all copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by NYS or by our licensors, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States of America (“U.S.”). The Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. No Content or Intellectual Property may be copied, modified, published, broadcast, or otherwise distributed without ITS’s prior written consent. ITS may withhold consent for any reason it deems appropriate.

Subscriber may only use NY-Alert, the Content, and the Intellectual Property as expressly permitted by these Terms.

Subscriber may not use any trademarks, trade names or service marks associated with NY-Alert Services in any manner that could mislead the public by creating the impression that such names and marks belong to, or are associated with, Subscriber or are used with the consent of ITS. Subscriber acknowledges no ownership rights in and to any of the aforesaid names and marks. All present and future rights in, and title to, NY-Alert (including database rights and the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to ITS for our exclusive use.

1. VII. Grant of License

Subscriber grants ITS a nonexclusive, royalty-free, world-wide and perpetual right and license to disclose his or her information subject to the terms of the Privacy Policy, as we may update it from time to time.

As a user of the Services, Subscriber is granted a personal, nonexclusive, nontransferable, non-assignable, revocable, limited license to access and use the Services and Content for authorized use only and not for commercial purposes.

1. VIII. Authorized Third Parties

Some of the websites used by NYS are hosted externally, on behalf of NYS, by contractors using webpages that are designed to look and feel like they are part of the NY.GOV domain. NYS utilizes a third party’s capability to provide the Services offered by NY-Alert. ITS reserves the right to allow third parties to provide any necessary services to us and/or to Subscriber to enable ITS to provide the Services.

IX. Release

Subscriber hereby irrevocably and unconditionally releases NYS (and its officers, employees, agents, successors and assigns) from any and all claims for damages (actual or consequential), costs or expenses of any kind or nature whatsoever that Subscriber may have against NYS (and its officers, employees, agents, successors and assigns) arising out of or in any way related to or in connection with the use of NY-Alert.

X. Termination

The State may terminate Subscriber’s use of NY-Alert without notice. Subscriber’s access to NY-Alert and the Services can be declined at any time and for any reason, including, but not limited to, for breach of these Terms. NYS reserves the right to disable a Subscriber’s password at any time, if Subscriber fails to comply with any provision of these Terms.

XI. Disclaimer

ITS is providing NY-Alert “as is”. ITS does not provide any warranty whatsoever, whether express, implied, or statutory, including, but not limited to, any warranty of merchantability or fitness for a particular purpose or any warranty that NY-Alert will be error-free. In no respect shall ITS incur any liability for any damages, including direct, indirect, special, or consequential damages arising out of, resulting from, or any way connected to your use of NY-Alert.

1. XII. Indemnity

Subscriber agrees to indemnify, defend and hold NYS harmless from any and all claims or suits (including, without limitation, reasonable legal fees and expenses) that arise out of Subscriber’s breach of the TOU, use of NY-Alert, or violation of any law or the rights of a third party.

1. XIII. Limitation of Liability

Subscriber acknowledges that NYS has no control over the effects the Content or any communication may have on him or her; how Subscriber may interpret or use the Content or any communication; or what actions Subscriber may take as a result of having been exposed to the Content or any communication. Subscriber understands that by using NY-Alert, he or she may be exposed to Content that might be inappropriate. Under no circumstances will NYS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, sent by text message, emailed, or broadcasted.

1. XIV. Governing Law

These Terms shall be construed, governed, interpreted and applied in accordance with the laws of the State of New York.

1. XV. Revision, Amendment or Modification of the TOU

Nothing contained herein is intended to limit the right of NYS to revise, modify, change, or amend its TOU. NYS expressly reserves the right to revise, modify, change, or amend its TOU within its sole discretion and as it deems necessary.

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