Terms of Use
BULLETIN.NET INC – ONLINE REGISTRATION FOR SUPPLY OF SERVICES
Information supplied by you to Bulletin.net via our service registration process will only be used for internal purposes related to the provision of services and will not be sold or shared with third parties without your prior written consent, except as required by law.
Terms and conditions
Upon submitting information required for registration for any Bulletin Service on the Bulletin website, you accept the following Terms and Conditions in respect of:
Your registration as a Bulletin customer; and the provision of Services by Bulletin to you.
When you use specific Bulletin Services, you (User) and Bulletin may be subject to additional terms and conditions imposed by telecommunications carriers and other third parties, which Bulletin may reference in these terms and conditions or on its website or which Bulletin may communicate to you from time to time.
These additional terms and conditions are deemed included in these terms and conditions. User may request a copy of any such additional terms and conditions from Bulletin at any time.
Free Trial Period:
If a freetrial period applies, you may use the Services for which the free trial period applies, and any applicable Message and Subscription Fees will not apply for the duration of the free trial period. Bulletin has no obligation to notify you that the free trial period has ended.
- 1. Definitions
1.1 In these terms and conditions:
- "Bulletin" - means Bulletin.net Inc. 205 Base Ave, Venice, Florida 34285, USA;
- "Charges" - together means the Setup Fee, the Subscription Fee the message delivery charges and any other charges in respect of the availability and use of the Services as made available on Bulletin's website or otherwise provided to User.
- "Equipment" - means the cellular telephone equipment and computing devices that can be used to access the mobile phone networks and the World Wide Web respectively, acceptable to Bulletin for use with the Services.
- "Fee Schedule" - means Bulletin's list of charges from time to time applicable.
- "License Agreement" - shall mean any Bulletin license agreement outlining the terms of use for Bulletin software license products and/or service applications as notified to and accepted by User (and the User will be deemed to have accepted the license agreement by installing and/or using the relevant product or service.
- "Message" - means a message sent by a User using a Service;
- "Service" - means one or more of the following: Bulletin Messenger, Bulletin Outlook Messaging, Bulletin Campaigner, Bulletin Connect, Bulletin Touch2TXT, Bulletin Mail and any other service made available by Bulletin on its website from time to time;
- "Setup Fee" - means any set up fee agreed by the User;
- "Subscription Fees" - means any monthly charge agreed by the User, payable in advance , and as varied from time to time by Bulletin;
- "System" - means that cellular radio telecommunications system and/or the internet communications system in which Services made available by Bulletin can be accessed for the delivery of such Services to the User;
- "User" - means the person or company registering or signing up for one or more Services;
- 2. Term
2.1 The Services will be available to the User on and from the date of registration by the User and, subject to the provisions of earlier termination shall continue until cancelled by User on one month's notice to Bulletin.
- 3. User's registration information must be accurate, correct and
complete
3.1 The User will:
- (a) provide true, accurate, current and complete information about the User and its users as prompted by the Service's registration form (such information being the "Registration Data"); and
- (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete, or Bulletin has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Bulletin has the right to suspend or terminate User's account and refuse any and all current or future use of the Service (or any portion thereof).
- 4. Provision of Services
4.1 Bulletin will provide and maintain the Services and will use reasonable efforts to make the Services available for the duration of the subscription period specified in clause 2.1, subject to these terms and conditions and any applicable License Agreement.
4.2 The user recognizes the right of Bulletin.net to limit the volume of messages at any given time, based on setting a maximum message volume that users can send in any set time period, e.g. per minute, per hour, per day, per month, per year. Bulletin will make all reasonable efforts to notify customers of these limits in advance. All new accounts will have an initial message limit of 500 per day, which can be increased by contacting Bulletin.
4.3 The User recognizes that the Services, by their nature, may from time to time be adversely affected by physical features, atmospheric conditions and other causes of interferences and may fail or require maintenance without notice. The User acknowledges that the Services provided will be limited and dependent on the Equipment used by the User and the availability of the System. The User acknowledges that Bulletin will have no liability to the User in respect of any such adverse effects, limitations, or lack of availability.
4.4 User must provide all Equipment necessary for connections to the World Wide Web or a mobile carrier's Short Message Service network.
4.5 Dedicated Telephone Numbers:
- (i) If a customer-dedicated telephone number has been provided as part of the service, the customer agrees to comply with the following rules:
- (ii) Service is a peer-to-peer only Service, where peer-to-peer is defined as messaging between one (1) subscriber and another subscriber. A subscriber is defined as a natural person who has made some identification known to a service provider, receives telecommunication services from said service provider and has been assigned a unique SMS-routable TN. In this context, the term "routable" means routed by Bulletin and Bulletin's peering gateway partners. A service provider is defined as a provider of telecommunication services. Telecommunication services, for this purpose, include at a minimum, two-way text messaging services but may also include additional services, such as voice.
- (iii) Messages originated from the service must have been initiated due to human interaction, versus automated or timed messages. Each message is viewed as a single instantiation of these definitions (i.e., if a message is transmitted from a natural person to an application and a subsequent message is transmitted from the application to a natural person, such as a SMS search function for example). Although the "round-trip" appears as though the message originated from a natural person back to the same natural person, each message is viewed individually. To that end, the initial message is viewed as a single message sent from a natural person to an application and the subsequent message is viewed as a single message sent from an application to a natural person.
- (iv) Telephone Numbers are provided on an as available basis and it is understood by the Customer that they may become unavailable for use at any time.
- (v) Customers must reside in the country applicable for a telephone number provided to them by Bulletin.
- (vi) No other services than those specifically agreed and provided by Bulletin will be operated using the Telephone Number.
- (vii) Restrictions on use may be applied at any time, including but not limited to, the number of text messages that may be transmitted in a period of time and the geographic and carrier reach available from that telephone number. It is the responsibility of the Customer to visit the Company web-site occasionally in order to get updates on any restrictions and limitations of use, although Bulletin will make reasonable efforts to communicate any such limitations and restriction.
- (viii) Mobile Originated messages (messages initiated on a mobile phone and sent to a Bulletin Service) are provided on a fair use basis by Bulletin. Fair use includes, but is not restricted to, that the number of Mobile Originated messages should generally remain in balance with the number of messages sent by a User from that Bulletin Service.
- (ix) Support services must be requested online or by email and are provided from Bulletin by email unless otherwise specified. Bulletin will endeavor to answer all support enquiries promptly, although response times cannot be guaranteed except by separate written agreement.
- 5. User Conduct & Obligations
5.1 User Conduct:
Any unauthorized use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the User agrees not to:
5.2 Customer's Obligations- (a) Use the Service in connection with chain letters, junk Speedmail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
- (b) Harvest or otherwise collect information about others, including email addresses, without their consent;
- (c) Create a false identity or forged Speedmail or mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- (d) Transmit through the Service, associate with the Service or publish using the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- (e) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- (f) Libel, defame or slander any person, or infringe upon any person's privacy rights;
- (g) Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- (h) Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- (i) Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- (j) Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or
- (k) Engage in any other activity that Bulletin believes could subject Bulletin to criminal liability or civil penalty or judgment.
- (a) In addition to and without in any way limiting any of your other obligations under this Agreement, you agree:
- (i) to the extent permitted by applicable state and federal law, Bulletin.Net and each Carrier may intercept, read, store, and otherwise deal with any message delivered for the purpose of ascertaining compliance by you with the Service Agreement and our agreement with the Carrier;
- (ii) that you will not, and will ensure that your customers do not, act or omit to act in a manner that gives rise, or is likely to result in any liability for a Carrier;
- (iii) that you will not, and will ensure that your sub-users do not, act or omit to act in a manner that brings, or is likely to bring any Carrier into disrepute or damage a Carrier's business or reputation in any way;
- (iv) that you will act in good faith at all times;
- (v) that you will comply with, ensure the Services are used so as to comply with and ensure the content of all messages complies with, all applicable laws and applicable industry standards or codes (including advertising codes);
- (vi) that you will ensure that the content of any message does not infringe the Intellectual Property Rights (or other rights) of any third party;
- (vii) to provide true, accurate, current and complete information about you and your sub-users for online registration as prompted by the Service's registration form (such information whether provided in online registration or in the process of creating sub-users under an account); and
- (viii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any part of the Service).
- 6. Fees, Payment and Cancellation
6.1 Fees. In consideration for the availability and use of the Services, the User shall pay to Bulletin any applicable Message Delivery Fees, Setup Fee and Subscription Fees.
6.2 Any applicable Message Delivery Fees, Setup Fee and Subscription Fees are payable in advance, unless agreed under a separate agreement with Bulletin.
6.3 Failure to pay any fees when due may result in suspension of the Services.- (a) Message Delivery Fees are paid in advance.
- (b) Set-up fees are billed at the time of sign-up of a Service.
- (c) Subscription fees are billed at the beginning of the subscription period.
6.4 Termination or Cancellation by the User. The User is free to terminate or cancel the provision of Services at any time, and for any reason on one month's notice to Bulletin. No refunds will be provided for the unused part of any subscription period the Service following termination or cancellation.
6.5 The User acknowledges that Bulletin is dependent on various telecommunications networks and institutions for the delivery of its messages and that Bulletin may adjust its prices and offering, should the prices be adjusted due to reasons which are not in Bulletin's control.
6.6 You acknowledge that our pricing is subject to the prices set by third party telecommunications networks and institutions. We may be required to raise prices from time to time if these third parties' prices increase due to reasons which are not in our control.
6.7 The User acknowledges that the message they send to a mobile phone number may incur charges for the mobile phone user, depending on the mobile user's plan, agreement and terms their Carrier.
6.8 Bulletin reserves the right to charge for support services not included in the service agreement. No charges will be incurred without the prior authorization of the customer. The cost of these services will be communicated to customers on a case by case basis or available as support packages which may be purchased.- (h) All pricing provided in the Service Agreement is in Local Currencies where applicable or in U.S. Dollars.
- (i) Bulletin may offer and provide bonus funds (or "credits") in excess
of the amount of funds deposited to use our services and to pay for the
delivery of messages. In this instance the following applies:
- a) It is understood that messages sent by the customer will first draw from the funds that they deposit.
- b) Bonus Funds will only be used to send messages once the customer's balance for their deposited funds has been fully used.
- c) There is no monetary value assigned to the bonus funds.
- d) In the event that the customer receives rebate on
all or some of the amount deposited into their account, it is
understood that:
- i. Only funds deposited by the customer will be rebated
- ii. This specifically excludes any bonus funds, which will be removed or reduced in direct relation to the amount of funds rebated.
- iii. Any messages used by the customer up to the point of rebate will be deducted from their deposited funds before the bonus funds are used.
- 7. Access, Passwords and Security
7.1 The User is responsible for:
7.2 Any Electronic Communications sent under User's access number(s), password(s) or account numbers(s) are deemed to have been sent or authorised by the User. User will immediately notify Bulletin if User becomes aware of any loss or theft or unauthorized use of any of User's Service(s) account access user name(s), password(s) and/or account number(s).- (a) the confidentiality and use of the User's access number(s), password(s), and account number(s);
- (b) all electronic communications, including account registration and other account holder information, e-mail, financial, and other data ("Electronic Communications") entered through or under the User's access user name(s), password(s) or account number(s).
- 8. Security of Data Transmission
8.1 User agrees that it is possible that Electronic Communications may be accessed by unauthorized third parties when communicated between User and Service(s) when using the Internet or other fixed and wireless network communications facilities, telephone or any other electronic means. Bulletin accepts no liability for any such unauthorised access.
- 9. Security and Storage of Data
9.1 The security of User's Data may be maintained though the use of data encryption, data security protocols, passwords and other methods which Bulletin may employ, or which Bulletin may require or suggest that User should employ. User agrees that Bulletin has no responsibility of liability for the deletion or failure to store any Data transmitted by User or anyone else to the Service.
- 10. Disclaimer of Warranties
10.1 USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
THE USER'S USE OF THE SERVICE IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BULLETIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BULLETIN MAKES NO WARRANTY THAT:- (i) THE SERVICE WILL MEET USER'S REQUIREMENTS,
- (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- (iv) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED, OR
- (v) USERS OR ITS USERS WILL NOT RECEIVE COMMUNICATIONS FROM INTERNET E-MAIL USERS OR SERVICE USERS THAT ARE IN VIOLATION OF LOCAL APPLICABLE LAWS RELATING TO WIRELESS TELEGRAPHY AND TELECOMMUNICATION SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BULLETIN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCS.
- 11. Limitation of Liability
11.1 Bulletin shall be under no liability for any indirect or consequential loss (including, without limitation, any economic loss, increased costs or expenses, loss of profit, business, contracts, revenues or savings) in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance of these terms and conditions, including, without limitation, in respect of any defect in the Equipment.
11.2 Bulletin's total liability in contract, tort (including negligence or beach of statutory duty), misrepresentation or otherwise, arising in connection with performance or contemplated performance under these terms and conditions, including without limitation, in respect of any defect in the Equipment, shall be limited to the subscription charge at the date of the last claim.
11.3 Nothing in these terms and conditions:
- (a) excludes or limits the liability of Bulletin for death or personal injury caused by Bulletin's negligence or fraudulent misrepresentation; or
- (b) where the User deals as a consumer, shall affect the User's statutory rights.
- 12. Variation
12.1 Bulletin may from time to time vary these terms and conditions (or introduce new terms and conditions):
12.2 Any changes to these terms and conditions made under clause 12.1 will, at Bulletin's discretion, be notified directly to the User (using the contact details as provided by the User) or posted on Bulletin's website.- (a) With immediate effect, as a direct result of new legislation, statutory instruments, Government regulations or licences, amendments to the system provider's standard terms and conditions, or similar events, providing this shall be limited to the extent deemed by Bulletin to be reasonably necessary for compliance therewith; or
- (b) On one month's notice, for any variations or additions to these terms and conditions not covered by clause 12.1(a) above.
- 13. Disclosure
13.1 Bulletin may disclose, with the permission of the user, to third parties with respect to the user's account
- 14. Assignment
14.1 The User must not assign, nor attempt to assign, to any person its agreement with Bulletin. Bulletin may at any time assign its rights under its agreement with the User to any third party.
- 15. The way Bulletin manages electronic communication between user and
services
15.1 The Service allows User to send Electronic Communications directly to Bulletin systems and interact within applicable areas of the Service. Electronic Communications include User's business information and correspondences User sends through the Service (the " Data"). User acknowledges and agrees to the following with respect to use of Electronic Communications through the Service: Bulletin shall be entitled, but is not obligated, to review or retain your Electronic Communications for your compliance with these terms and conditions and the security of the Service. Bulletin may also review or retain Electronic Communications (other than Data) for other reasons which Bulletin believes in good faith will improve the quality of the Service.
15.2 Bulletin may disclose Electronic Communications if required to by law or in the good faith belief that such disclosure is reasonably necessary to:
15.3 User will not:- (a) comply with legal process;
- (b) enforce these terms and conditions;
- (c) respond to claims that any Electronic Communications violate the rights of third parties; or
- (d) protect the rights, property, or personal safety of Bulletin, its users or others.
15.4 User agrees to provide Bulletin with User's permanent country location, mobile phone number and e-mail information, promptly provide Bulletin with any changes to such and accept Electronic Communications from Bulletin.- (a) use any Electronic Communication for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening;
- (b) use the Service to solicit Bulletin Users or others to participate in the solicitation of Bulletin Users or others for any purpose;
- (c) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- (d) in any way express or imply that any opinions contained in User's Electronic Communications are endorsed by Bulletin.
15.5 User agrees that Bulletin may provide notices, statements and other communications to User solely through e-mail, text message, posting on the Service or other electronic transmission.
15.6 User understands that the technical processing and transmission of the Service, including User's Electronic Communications, may involve:
- (a) transmissions over various communications networks; and
- (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- 16. Notices
16.1 Notices to User or its users from Bulletin may be made either by e-mail or regular mail.
- 17. Miscellaneous
17.1 Bulletin will not be liable to the User for any breach of these terms and conditions, or failure on Bulletin's part to perform any obligation, as a result of technical problems relating to the system, termination of any license to operate or use the System, acts of God, Government control, restrictions or prohibitions or any other Government act or omission, whether local or national, any act or default of any supplier, agent or sub contractor, industrial disputes of any kind, or any other similar or dissimilar cause beyond the reasonable control of Bulletin.
17.2 These terms and conditions, together with any additional material included in them as may appear or be referenced or described on Bulletin's website from time to time (including for example service rules of carriers) constitute the entire understanding between the parties in relation to availability and use of the Services and supersedes all prior agreements, discussions, representations, whether oral or written, relating to the subject matter of these terms and conditions.
17.3 Any notice or other information required or permitted to be given by either party under these terms and conditions shall be deemed to be validly given if sent by email to the address of the other party as stated above.
17.4 The failure to delay by Bulletin in exercising any right, power by either party under these terms and conditions shall not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by Bulletin of any right, power to remedy under these terms and conditions shall not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy. Any waiver of a breach of, or default under, any of the terms of these terms and conditions shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of these terms and conditions.
17.5 The rights, powers and remedies provided in these terms and conditions are cumulative and not exclusive of any rights, powers and remedies provided by law.
17.6 Where the User is more than one person, the obligations of the User under these terms and conditions are joint and several. Where a liability of one or some but not all of them arising out of an obligation which both joint and several is discharged, whether by release, accord and satisfaction or otherwise, the other persons who are the User shall continue to be jointly and severally liable on that obligation.
17.7 All right, title, and interest in our intellectual property including without limitation the copyrightable elements of the software, systems, the methodology and the know-how used to provide the Services is retained by us (or our licensors). Nothing in the Service Agreement assigns to you any interest in our intellectual property. You are expressly prohibited from attempting to, and or permitting any other person to attempt to, take any action which may harm or cause disruption to or failure of the software or systems used by us in our performance of the Services.
17.8 These terms and conditions shall be governed by and construed in all respects in accordance with laws of the State of Florida, United States and the parties hereby submit to the exclusive jurisdiction of the Courts of Florida, United States.
- 18. Force Majeure
- (a) We shall not be liable for any acts nor does the Service Agreement require us to cover time and/or materials to repair, diagnose, consult or re-build hardware and/or software or files that may have been damaged due to fire, lightening, water, winds or acts of nature.
- (b) We shall not be responsible for delays or failures in performance resulting from acts beyond our reasonable control. Such acts shall include but not be limited to acts of God, strikes, blackouts, riots, civil commotion, acts of war, epidemics, government regulations superimposed after the Commencement Date, Carrier failures, network outages, delays or failures, communication line failures, power failures, earthquakes, terrorism and other disasters.
- 19. Governing Law and Jurisdiction: The laws of State of Florida shall govern this Service Agreement.
Software End User License Agreement
YOU SHOULD CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO USING THE SOFTWARE. USE OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. BULLETIN.NET IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, RETURN THE DISKETTES, DOCUMENTATION AND ALL OTHER COMPONENTS OF THE SOFTWARE TO BULLETIN.NET WITHIN SEVEN (7) DAYS OF RECEIPT FOR A REFUND OF THE LICENSE FEE LESS SHIPPING AND HANDLING CHARGES.
- 1. Grant of License. Bulletin.Net hereby grants to you ("Customer") a non-exclusive, non-transferable license to use the Software solely in accordance with the terms of this Agreement. For the purposes of this Agreement, "Software" means the software programs and documentation accompanying this Agreement and any online documentation. This Agreement permits you to use one copy of the Software on any single computer. Customer may install and use the Software on a local area network ("LAN") provided that each person accessing the Software through the LAN must have a copy licensed to that person. Customer may make one copy of the Software for archival and backup purposes. Customer must reproduce and include any copyright and trademark notices, legends and logos on each copy of the Software or diskettes made by Customer. The Software is protected by copyright laws and international copyright treaties and other laws regarding trade secrets and other intellectual property rights.
Title and full ownership rights to the Software and any and all copies of the Software remain with Bulletin.Net.
- 2. Use of Software. The Software may be used only for, by, and on behalf of Customer. Customer may transfer all of its rights hereunder provided that the recipient agrees to be bound by the terms of this Agreement.
IN NO EVENT MAY CUSTOMER TRANSFER THE SOFTWARE TO ANY PERSON, ENTITY OR OTHER END USER IN VIOLATION OF APPLICABLE U.S. EXPORT LAW, INCLUDING, BUT NOT LIMITED TO, ANY TRANSFER FOR USE OUTSIDE THE COUNTRY IN WHICH IT WAS ORIGINALLY LICENSED.
- 3. Term and Termination. This Agreement shall be effective until terminated by mutual consent, or by election of either Customer or Bulletin.Net in case of the other's failure to remedy a material breach within 30 days following written notification of that breach. In case of any termination of this Agreement, Customer will immediately return to Bulletin.Net all the Software components that Customer has obtained from Bulletin.Net and any copies in Customer's possession, and will certify in writing that all such components and all copies of the Software have been returned or destroyed, and all copies erased from the memory of Customer's computers.
- 4. Disclaimer of Warranties.
4.1 Bulletin.Net does not warrant that the functions contained in the Software will meet Customer's requirements or that the operation of the Software will be error free. The Software is licensed on an "AS IS" basis. The entire risk as to the quality and performance of the Software is solely with Customer.
4.2 NO OTHER WARRANTIES, EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
- 5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BULLETIN.NET BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF EITHER CUSTOMER OR A THIRD PARTY AGAINST CUSTOMER (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF BULLETIN.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BULLETIN.NET BE LIABLE FOR DAMAGES FOR ANY CAUSE WHATSOEVER (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE) IN EXCESS OF THE AMOUNT PAID TO BULLETIN.NET BY CUSTOMER FOR USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- 6. Other Restrictions and Limitations. Customer agrees that:
- (1) it will not copy the Software except as permitted in Section 1;
- (2) it will not reproduce, deactivate, or bypass any security device supplied with the Software;
- (3) it will preserve and respect Bulletin.Net's copyright and the notice of copyright included in the Software;
- (4) the Software contains information which is confidential and proprietary to Bulletin.Net, and Customer will not disclose or transfer or otherwise provide to any third party all or any part of the Software without the express written consent of Bulletin.Net;
- (5) it will not disassemble, reverse compile or reverse engineer the Software or any portion thereof or otherwise attempt to discover the source code or structural framework of the Software
- (6) it will not rent or lease the Software;
- (7) it will not modify the Software.
- 7. Breach. Customer will be deemed to be in breach of this Agreement if Customer violates any covenants or obligations imposed on it under this Agreement.
- 8. General Terms and Conditions. The terms and conditions of any purchase order or other ordering document issued by Customer in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement shall not be binding on Bulletin.Net and shall not be deemed to modify this Agreement. This Agreement constitutes and expresses the entire agreement and understanding between the parties in reference to all matters referred to herein and any and all previous agreements, discussions, promises, representations, and understandings between the parties relative thereto are merged herein and superseded hereby. The remedies provided in Section 3 shall be cumulative and additional to any other remedies in law or equity which Bulletin.Net may have. This Agreement shall be governed by the laws of the United States and shall inure to the benefit of Bulletin.Net, its successors, and assigns.
The sole jurisdiction and venue for any litigation arising out of this Agreement shall be an appropriate court within the United States. Customer hereby consents to personal jurisdiction in such courts. Sections 4, 5, 6, 8 and 9 shall survive any termination of this Agreement. All rights not specifically granted herein are reserved by Bulletin.Net.
Thank you for selecting Bulletin.net Services.