Terms Of Service
READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CLICKING ON THE BUTTON MARKED “I AGREE” AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. ALSO THAT YOU HAVE READ, UNDERSTOOD, AND "AGREE" ON THE PRIVACY POLICY OF TEACHBUG.
This Internet Services Agreement (the “Agreement”) is between you and TeachBug.com or “TeachBug”, a corporation organized and existing under the laws of Florida and with a principal place of business in Broward County, Florida. Use of the Services signifies your agreement to the terms and conditions of use set forth in this Agreement.
1. Grant of Rights. TeachBug grants you a non-exclusive, nontransferable, limited right to access, use and display the Internet access services provided by TeachBug, including, without limitation, e-mail, Web site hosting, newsgroups, bulletin board services, and any other services which TeachBug may offer (collectively, the “Service”) on any machine(s) of which you are the primary user. A Service account may not be another party or entity without prior written approval from TeachBug, and any such transfer of a Service account is subject to any limits established by TeachBug.
2. Content. You recognize that your are solely responsible for the content of any information you make available by means of the Service, including, without limitation, by posting on a Website or in e-mail, or in a bulletin board service. TeachBug has the right to monitor the content which you or other users make by means of the Service, but shall have no obligation to do so. You agree that if TeachBug in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, TeachBug has the right but not the obligation, to remove or deny access to such content. You expressly agree that TeachBug shall not be liable to you for any action TeachBug takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but no limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. TeachBug has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.
3. Proprietary Materials. Material accessible to you through the TeachBug Service may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, you my not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit any such material.
4. Prohibited Use.
(a) You expressly agree not to use the TeachBug Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, impersonation of TeachBug personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, USENET, chat services bulletin boards or your personal Web page(s). You also agree not to use the Service to (i) solicit other members to patronize services; (ii) violate the security of the Service; or (iii) attempt to utilize another user’s account name or persona without authorization from that user.
(b) You agree not to use the Service or any TeachBug electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. You agree not to send unsolicited mass mailings from another service which in any way implicates the use of the Teachbug Service, TeachBug equipment or any TeachBug electronic mail address. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages. For each violation by you of this provision, you agree to pay TeachBug damages to compensate for the lost goodwill such a violation causes, but, where warranted, such as in the case of an accidental transmission, TeachBug may waive all of part of any applicable charge. Payment by you under this provision shall not prevent TeachBug from seeking to obtain other legal remedies against you, including other damages or an injunction.
5. System Resource. You acknowledge that you may not use the Service to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers or Web servers. You further agree not to use any technology, method or device to maintain a constant connection with the Service.
6. User Information.
(a) you certify to TeachBug that you are not a minor, i.e., that you are at least eighteen (18) years of age; provided, however, that a minor’s parent or legal guardian may authorize a minor to use his/her account(s) under supervision of the parent or guardian.
(b) You are solely responsible for maintaining the confidentiality of your passwords, and agree that Teachbug will have no obligations with regard thereto.
(c) TeachBug reserves the right to reveal and Registration Data or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency.
7. No Expectation of Privacy. You acknowledge that transmissions made by means of the Service are not confidential and that your communications may be read or intercepted by others. You acknowledge that by transmitting materials by means of the Service, no confidential, fiduciary contractually implied or other relationship is created between you and TeachBug.
8. Warranty and Indemnification. You represent and warrant to TeachBug that you will not transmit by means of the Service any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to TeachBug that your use of the Service will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless TeachBug and its employees, licensors, independent contractors providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. TeachBug reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall no in any event settle any matter without the written consent of TeachBug.
9. Disclaimer of Warranty
THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS , WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TEACHBUG MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, TEACHBUG NEGLIGENCE.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TEACHBUG BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF TEACHBUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Termination. In addition to any other rights of the parties set forth herein, TeachBug may terminate this Agreement at any time. TeachBug also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice.
12. Modifications to Agreement. TeachBug has the right to modify this Agreement at anytime without notice. To view the most recent update of the Terms of Use, visit www.teachbug.com and click on the Terms of Use tab.
13. General. This Agreement constitutes the entire agreement between you and TeachBug with respect to the TeachBug Service and supersedes all prior agreements between you and TeachBug. Failure by TeachBug to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Florida (excluding its choice of law rules). You consent to personal jurisdiction in the federal and state courts of Broward County, Florida for any action arising out of or relating to your use of the TeachBug Service. The federal and state courts of Broward County, Florida shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to , its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
