Licence Agreement
BULLETIN ONLINE SERVICES AGREEMENT
Upon subscribing to any Bulletin Online Service, you are hereby accepting the following Terms and Conditions of Service as outlined within the Bulletin Online Services Agreement below.
1. DEFINITIONS
"User" - means the person or company registering or signing up for one or more Services;
"Service" - means one or more of the following: Bulletin Messenger, Email2Mobile, or Applications Connect;
"Setup Fee" - means the charge as set out in the fee schedule;
"Subscription Fees" - means the monthly charge payable in advance, as set out in the fee schedule and as varied from time to time by Bulletin;
"Charges" - together means setup fee, subscription fee, and any other charges in respect of the use of the Services by the Users including, without Limitation, any list in the Bulletin Online Services Agreement;
"Fee Schedule" means Bulletin's list of charges from time to time applicable.
"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. User must provide all equipment necessary to make such connections to the World Wide Web or a mobile carrier's Short Message Service network.
"Bulletin Online Services Agreement" - means the agreement between Bulletin and the User for provision of the Services incorporating these terms and conditions;
"Bulletin" - means Bulletin, Inc.;
"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.
"License Agreement" shall mean any Bulletin license agreement outlining the terms of use for Bulletin software license products and/or service applications contained within or attached to the Bulletin Online Services Agreement.
2. TERMS AND CONDITIONS OF THE BULLETIN ONLINE SERVICES AGREEMENT
Bulletin provides its service to User subject to the following Terms and Conditions of Service ("TCS"). In addition, when using specific Bulletin Services, User and Bulletin will be subject to any terms and conditions applicable to these services, which Bulletin may communicate to User from time to time. These terms and conditions are considered included in the Bulletin Online Services Agreement.
3. TERM
The Bulletin Online Services Agreement will commence on the date the User completes the Signup process, and, subject to the provisions of earlier termination, shall continue for the subscription period of twelve months.
4. USER'S REGISTRATION INFORMATION MUST BE ACCURATE, CORRECT AND COMPLETE
4.1 In consideration of User's use of the Service, the User agrees to: (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).
5. PROVISION OF SERVICES
5.1 Bulletin will provide and maintain the Services and will use reasonable efforts to make the Services available for the duration of the Bulletin Online Services Agreement, subject to these terms and conditions.
5.2 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.
6. USER CONDUCT
Any unauthorized commercial 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:
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 publishing with 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 it to criminal liability or civil penalty or judgment.
7. FEES, PAYMENT, AND CANCELLATION
7.1 Fees. In consideration for the use of Bulletin Online Services, the User shall pay to Bulletin set-up, subscription, and message delivery fees as set out in the schedule during the sign up process.
7.2 All fees are payable in advance and will be automatically billed to the User's credit card.
A. Set-up fees are billed at the time of sign-up of a service.
B. Subscription fees are billed at the beginning of each month. By signing up for a service the User agrees to allow Bulletin to automatically bill the monthly fee for a period of twelve months, unless the User cancels a service.
C. In order to pay for Message delivery fees, users must pay in advance for message credits on their Message Card. Each time that a message is delivered the appropriate number of message delivery credits is subtracted from the User's Message Card. If a User has not used a service for a period of ninety days then all credits will be removed from that User's Message Card.
7.3 Failure to pay the fees in advance will result in suspension of the services.
7.4 Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, and for any reason.
7.5 Should there be a cost increase AFTER the client has registered or purchased message credits from Bulletin, Bulletin will give the User fourteen days' notice of such an increase which will be applicable to such credits that are still on the User's Message Card. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service. The User acknowledges that Bulletin is dependant 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.
8. ACCESS, PASSWORDS AND SECURITY
User will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). User will be responsible for all electronic communications, including account registration and other account holder information, e-mail, financial, and other data ("Electronic Communications") entered through or under your access user name(s), password(s) or account number(s). Service(s) will act as though any Electronic Communications it receives under User's access number(s), password(s) or account numbers(s) will have been sent by the User. User agrees immediately to 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).
9. SECURITY OF DATA TRANSMISSION
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.
10. SECURITY AND STORAGE OF DATA
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.
11. DISCLAIMER OF WARRANTIES
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.
12. LIMITATION OF LIABILITY
12.1 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 the Bulletin Online Services Agreement, including, without limitation, in respect of any defect in the Equipment.
12.2 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 of the Bulletin Service Agreement, including without limitation, in respect of any defect in the Equipment, shall be limited to the monthly charge at the date of the last claim.
12.3 Nothing in the Bulletin Online Services Agreement:-
12.3.1 excludes or limits the liability of Bulletin for death or personal injury caused by Bulletin's negligence or fraudulent misrepresentation; or
12.3.2 where the User deals as a consumer, shall affect the User's statutory rights
13. VARIATION
Bulletin may from time to time with immediate effect vary, by written notice, any of the terms and conditions of the Bulletin Online Services Agreement (or introduce new terms and conditions) 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, [Bulletin at its sole discretion may elect to notify the User of any variations in writing or by publishing such variation at its principle place of business.]
14. DISCLOSURE
BULLETIN MAY DISCLOSE, WITH THE PERMISSION OF THE USER, TO THIRD PARTIES WITH RESPECT TO THE USER'S ACCOUNT.
15. ASSIGNMENT
The Bulletin Online Services Agreement may not in any event be assigned by the User to any third party. Bulletin may at any time assign the Bulletin Online Services Agreement to any third party.
16. THE WAY BULLETIN MANAGES ELECTRONIC COMMUNICATION BETWEEN USER AND SERVICES
The Service allows you 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 the TCS 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.
Bulletin may disclose Electronic Communications if required to by law or in the good faith belief that such disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TCS; (iii) respond to claims that any Electronic Communications violate the rights of third parties; or (iv) protect the rights, property, or personal safety of Bulletin, its users or others;
User will not use any Electronic Communication for any purpose that is unlawful, abusive, harassing, libellous, defamatory, obscene or threatening. User will not use the Service to solicit Bulletin Users or others to participate in the solicitation of Bulletin Users or others for any purpose;
User will not 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;
User will not in any way express or imply that any opinions contained in User's Electronic Communications are endorsed by Bulletin;
User agree to provide Bulletin with User's address, contact and e-mail information, promptly provide Bulletin with any changes to such and accept Electronic Communications from Bulletin at the company postal address or e-mail address User specifies;
User agree that Bulletin may provide notices, statements and other communications to User solely through e-mail, posting on the Service or other electronic transmission; and User understand that the technical processing and transmission of the Service, including User's Electronic Communications, may involve (i) transmissions over various communications networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
17. NOTICES
Notices to User or its users from Bulletin may be made either by e-mail or regular mail. The Service may also provide notices of changes to the TCS or other matters by displaying notices to User or its users on the Service.
18. MODIFICATIONS
The TCS may be modified by Bulletin upon notice to User. If Bulletin sends Company notice, via e-mail, posting on the Service or otherwise, of a modification, User confirms acceptance of the modification by not closing and/or continuing to use the Service.
19. MISCELLANEOUS
19.1 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.
19.2 The Bulletin Online Services Agreement reflects the entire understanding between the parties in relation to the services and supersedes all prior agreements, discussions, representations, whether oral or written, relating to the subject matter of the Bulletin Online Services Agreement.
19.3 Any notice or other information required or permitted to be given by either party under the Bulletin Online Services Agreement shall be deemed to be validly given if served personally upon the other party or if sent by first class prepaid post to the address of the other party as stated above.
19.4 The failure to delay by Bulletin in exercising any right, power by either party under the Bulletin Online Services Agreement 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 the Bulletin Online Services Agreement 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 the Bulletin Online Services Agreement shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Bulletin Online Services Agreement.
19.5 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.
19.6 Where the User is more than one person, the obligations of the User under the Bulletin Online Services Agreement 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.
19.7 The Bulletin Service Agreement shall be governed by and construed in all respects in accordance with laws of United States and the parties hereby submit to the exclusive jurisdiction of the Courts of United States.