For any additional questions or concerns, call customer service: (877) 227-0924
Bug Tussel Wireless Service Terms and Conditions
A. Service(s) hereunder shall only be available to Equipment properly congured and installed to accept the Service. The Service(s) will only be available when the Equipment is within range of the antenna sites located in the Bug Tussel™ and its roaming partners service areas. The Service(s) is subject to transmission limitations caused by atmospheric or geographic conditions or government regulations. The Service may be temporarily refused or limited because of the network’s capacity limitations. Service to the Customer may be temporarily interrupted or curtailed, without notice, due to Equipment modications, upgrades, relocations, repairs or similar activities necessary for the proper or improved operation of Bug Tussel’s network. Representations of service by Bug Tussel™, its sales representatives or roaming partners are not guarantees. Neither the Equipment nor the Services shall be used by Customer for any purpose that is in violation of federal, state or local law.
B. Bug Tussel™ Wireless shall assume no liability for interruption of the Service due to circumstances beyond its control, including without limitation, acts of God, natural disaster, re, ood, civil disturbance, strike or weather. In no event shall Bug Tussel™ Wireless be liable for any incidental, special, consequential, or punitive damages, including, but not limited to, loss of prots, personal injury, loss of business, or business opportunity, loss of use, etc. related to a malfunction of either the Service or the Equipment. The liability of Bug Tussel™ Wireless for actual proven damages for any cause, (including but not limited to any failure of or disruption of Service), regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to charges payable by Customer under this agreement for the service during the period such damages occurred.
C. Customer acknowledges that Bug Tussel™ is neither the manufacturer nor the agent of the manufacturer of the Equipment provided hereunder. Customer acknowledges and agrees that Bug Tussel™ makes no warranty or representation of any kind regarding the Equipment and that Bug Tussel™ disclaims any warranty, express or implied, including the implied warranties of merchantability and of tness for a particular purpose.
D. Customer acknowledges that Bug Tussel™ is under no duty or obligation to perform any service, maintenance, or repair (collectively “repairs”) of the Equipment provided hereunder, nor does this agreement create such a duty or obligation to perform repairs. Notwithstanding, Bug Tussel™ may perform such repairs upon the Customer’s request and pursuant to the terms and conditions of an agreement for such repairs. Bug Tussel™ will not be liable for any damages to the Equipment, or expenses related thereto, resulting from Customer’s negligence, whether deemed active or passive. Bug Tussel™ shall not be responsible for the cost of repairing or replacing any Equipment that has been repaired or altered by anyone other than Bug Tussel™ or the manufacturer of such Equipment, or to any Equipment not operated in accordance with the manufacturer’s or Bug Tussel™’s directions regarding such use.
A. Bug Tussel™ may, after giving prior written notice to Customer, terminate or temporarily discontinue or restrict Customer’s Service if: (1) Customer fails to pay any charge due or otherwise violates any term of this Agreement,.(2) Customer fails to maintain a billing address within Bug Tussel™’s service area, or (3) Customer utilizes less than fty percent (50%) of Customer’s overall system usage within Bug Tussel™’s service area during any three (3) month period. In addition, Bug Tussel™ may discontinue Customer’s Servicewithout prior notice if Customer’s Service is reasonably suspected of being used in an illegal or other manner that causes or is likely to cause any form of harm to Bug Tussel™ or any other person.
B. In the event Bug Tussel™, in its sole discretion, undertakes litigation or collection eorts against Customer to enforce the terms of this Agreement, and Bug Tussel™ prevails in such eorts, Customer shall be responsible to reimburse Bug Tussel™ for all costs and expenses, including actual attorney’s fees, incurred by Bug Tussel™ relative to such eorts, unless otherwise precluded by law. In the event such litigation or collection eort arises from, or results in, the termination of this Agreement, Customer shall be liable for all outstanding charges on Customer’s account at the time of termination.
A. Bug Tussel™ reserves the right, in its sole discretion, to change Customer’s mobile number upon notice to the Customer. Customer acknowledges that Customer has no proprietary or ownership rights or interest in or to Customer’s number(s), except as allowed for by law, and cannot acquire such rights or interest through usage, publication or otherwise.
B. Customer may request that Customer’s mobile number(s) be transferred (ported) to or from another service provider within the same telecommunications LATAs (local area transport areas) If Customer transfers the mobile number(s) to Bug Tussel™, all activation requirements and charges apply. Customer shall remain liable for charges (including cancellation fees) incurred with a former service provider. If a transfer is unsuccessful and the request is cancelled and Customer does not ask Bug Tussel to assign a new number, Customer shall be required to return to Bug Tussel™ all Equipment and/or goods supplied hereunder at which time Bug Tussel will refund the initial payment. Porting of numbers may take up to 30 days. In order for Bug Tussel to port a mobilenumber, the customer must provide their social security number.
A. Customer acknowledges that it shall pay to Bug Tussel™ for the use of the Services either within or outside of Bug Tussel™’s service area per customer’s selected Service plan. Bug Tussel will bill Customer on a monthly basis for the use of the Service. Payment of the bill for the Service is due on the date indicated on said bill. A balance which remains unpaid as of the next billing date shall accrue interest at the monthly rate 1%, or the highest amount allowable by law, whichever is lower, from the original due date until such balance is paid in full.
B. This Agreement can be cancelled at any time by either party per the terms of the Customer’s rate plan.
C. There may be added to any charges incurred by Customer amounts equal to any industry-wide surcharges and/or fees and any surcharge, duty, levy, tax, or withholding, including, but not limited to, sales, property, ad valorem, excise and use taxes, or any tax in lieu thereof or in addition thereto, imposed by any local, state, or federal government or governmental agency with respect to the Services, or with respect to services provided to Customer. Also, there may be additional charges billed to Customer to reimburse Bug Tussel™ for its reasonable and necessary costs and expenses incurred in maintaining compliance with regulatory requirements imposed by any local, state, or federal government or governmental agency having jurisdiction over Bug Tussel™.
A. Bug Tussel does not represent or warrant that its wireless internet service is available at all locations. The Service will be provided on a best eort basis as determined by Bug Tussel. Depending on the Equipment used and Service provided, installation shall include a wired connection from the Equipment to one working computer. Multiple computers may be used on the wireless internet connection; however, installation of the Service does not include network conguration, management or support. Additional networking equipment may be required and is not included with the Service.
B. The WiMax wireless internet equipment installed by Bug Tussel, with the exception of cable, wiring and mounts, shall at all times remain the sole and exclusive property of Bug Tussel . Under no circumstances shall Customer alter, misuse, abuse, remove, or in any manner tamper with the Bug Tussel WiMax equipment placed in or on Customer’s premises. Customer is responsible for safeguarding such equipment from damage and will not permit anyone other than a Bug Tussel representative or agent to perform any work on the equipment. In the event the equipment is destroyed, damaged, lost, or stolen while in Customer’s possession, including but limited
to damage due to lightning strikes, Customer shall be liable for the cost of repair or replacement of the equipment. The Customer may be held responsible for installation repairs. The Bug Surfer unit and related equipment shall also remain the property of Bug Tussel unless Customer elects to purchase the Bug Surfer unit. Under no circumstances shall Customer alter, misuse, abuse, remove or in any manner tamper with the Bug Surfer units owned by Bug Tussel.
C. Upon termination or disconnection of the wireless internet service, Customers’ right to possession of either the WiMax or Bug Surfer equipment, with the exception of cables, wiring, mounts, shall likewise terminate unless Customer has purchased same. Customer agrees to immediately return or schedule the removal of the Bug Tussel Equipment. The Equipment shall be returned in the same operating condition as it was when installed except for reasonable wear and tear. Should Customer fail to either return the Equipment or schedule the removal of Equipment within 30 days of the termination or disconnection of the wireless internet service, Customer shall pay Bug Tussel Wireless the replacement cost for same.
D. Bug Tussel may enter into and over Customer’s premises periodically during the term of this agreement to install, connect, inspect, maintain, repair or alter the Equipment. Bug Tussel will obtain Customer’s permission prior to entering Customer’s premises. In the event Customer is not the owner of the premises upon which the Equipment is installed, Customer warrants to Bug Tussel he/she has obtained the consent of the owner of the premises for Bug Tussel to perform the installation and maintenance contemplated by this Agreement. If the Customer is not the owner of such premises, Customer agrees to indemnify and hold Bug Tussel harmless from
and against any claims of the owner of the premises arising out of the performance of this Agreement, including but not limited to the operation, installation, connection, inspection, modication, maintenance or repair of the Equipment.
E. Bug Tussel shall not have any responsibility for the operation, maintenance or repair of Customer’s personal computer, monitors, cables, wireless routers and other devices.
F. Use of the wireless internet service on networks other than the Bug Tussel network is dependent upon that network’s technology and functionality. Bug Tussel does not represent or warrant that the Bug Surfer unit will have the same functionality at all locations or on other networks.
G. For Residential WiMax Customers Only/Seasonal Status – Customer may elect Seasonal Status for a minimum of 1 month and a maximum of 6 months. Customer will be billed current monthly seasonal rate for the months Customer elects to be on Seasonal Status. Seasonal Status Customers will have remote access to their BugNet e-mail accounts and no additional Services.
H. If Customer is disconnected from service for any reason other than non-payment, and want to keep existing Bugnet email account, Customer may do so for an annual fee.
A. This instrument, together with all attachments and any other documents referenced herein, shall constitute the entire agreement between the parties; and no term of condition contained herein or therein may be modied or waived, except in writing signed by an authorized representative of Bug Tussel™. The acceptance by Bug Tussel™ of any payment after it shall become due shall not constitute or be construed as a waiver of any or all of Bug Tussel™’s right hereunder.
B. Bug Tussel™ Wireless reserves the right to run a credit check on individuals and/or businesses prior to providing Equipment or Service(s).
C. Bug Tussel may assign this Agreement without notice to Customer. Customer may assign this Agreement only with Bug Tussel’s consent. The interpretation of this Agreement shall be subject to the laws of the State of Wisconsin.
D. The invalidity of any portion of any provision of this instrument shall not aect the validity of the remainder of the provisions hereof.
E. Bug Tussel may require a deposit from Customer to guarantee payment of charges for Service and may increase the deposit based on usage and payment history. Deposits will only be returned to Customer after a minimum of 12 consecutive months of satisfactory payment history. Bug Tussel™ may apply deposits or payments to any charges owed by Customer on any account. Upon termination of this Agreement, Bug Tussel™ shall return any remaining deposit to Customer at such time as all charges for Services have been paid.
F. Customer is responsible for all authorized charges for Services on Customer’s Equipment. If Customer claims unauthorized charges on account of a lost or stolen Equipment, Customer must report the Equipment as lost or stolen immediately so that Bug Tussel™ may investigate said claims. Bug Tussel will investigate any claims of unauthorized charges within 60 days. Customer agrees to cooperate with any investigation and will submit anyrelevant documentation regarding the loss or theft of Equipment. Customer will not be required to pay any disputed charges while the investigation is pending. If Bug Tussel™ determines that the charges for Services are unauthorized; Bug Tussel will credit Customer’s account.
Bug Tussel ™ (“Bug Tussel”) provides certain telecommunications services to you. In doing so, we may each collect certain information that is made available to us solely by virtue of our relationship with you, such as quantity, technical conguration, type, destination, location and usage of the telecommunications services you purchase. This information and related billing information is known as Customer Proprietary Network Information (CPNI). You have a right to the protection of your CPNI and it is Bug Tussel™’s responsibility to protect it. CPNI does not include your published directory information or any information that is in the public domain such as your name, address or telephone number. Use of CPNI is subject to federal laws and regulations with which Bug Tussel™ is required to comply. The Federal Communications Commission (FCC) requires Bug Tussel™ to notify its customers of their additional rights to restrict the use of their CPNI. CPNI can be used for certain purposes without the customer’s permission. CPNI may be used by Bug Tussel to oer you additional services that are related to the services you currently subscribe to or to respond to your inquiry regarding services you purchase from Bug Tussel™. CPNI may also be used for functions related to billing and collection, repair, maintenance and to prevent
fraud. Bug Tussel™ is providing this notication regarding your CPNI rights because we need your consent to use this information to provide you with marketing information for additional communications services that we or our aliates may oer you in the future. You need to respond to Bug Tussel™ only if you wish to “opt out” of granting us permission to use your CPNI by sending notice to us at firstname.lastname@example.org. If you have not notied us in writing within 30 days of the date set forth in this Agreement of your desire to “opt out”, Bug Tussel™ and its aliates will be authorized to use your CPNI for additional marketing purposes. You may withdraw this consent a
nd “opt out” at any time by notifying us in writing at the same email address as noted above. “Opting out” will not aect the services you currently receive from Bug Tussel™.
Unlike in the area of regulated common carrier services, certain activities of Customers and Users of Internet services including hosting (collectively referred to herein as “IP related services”) may expose providers of those services, such as Bug Tussel Wireless™, LLC to claims of civil or criminal liability or other legal sanctions. These activities may also disrupt or degrade Bug Tussel Wireless™, LLC’s IP related Services. Moreover, because of various techniques used in the industry (including blocking, filtering and blacklisting) these activities may impair Bug Tussel Wireless™, LLC’s ability to interconnect with other IP related Service providers. These activities may relate to the content stored by Customers or Users, to content of the messages transmitted by Customers or Users or to the nature of the transmissions themselves, such as sending large numbers of unsolicited messages, such as spam.
While Bug Tussel Wireless™, LLC does not normally monitor the stored content or transmissions of its Customers, we must be able to respond to complaints by governmental authorities, affected parties and other Internet Service Providers. Bug Tussel Wireless™, LLC has adopted this “Acceptable Use Policy” (“AUP”) in an attempt to balance interference or risk of harm arising from its Customers’ use of Bug Tussel Wireless™, LLC’s IP related Products and Services with the interests of those who may be affected by such use. This AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only.
The AUP applies to all Customers and Users of Bug Tussel Wireless™, LLC’s IP related Products and Services as they apply to all broadband and mobility customers. If a Customer violates the AUP, Bug Tussel Wireless™, LLC may, depending on the nature and severity of the violation, suspend or terminate your service, as provided below. If a User (other than a Customer) violates the AUP, Bug Tussel Wireless™, LLC may suspend service for so long as necessary for steps to be taken which, in Bug Tussel Wireless™, LLC’s reasonable judgment, will prevent the violation from continuing or reoccurring.
When feasible, Bug Tussel Wireless™, LLC shall provide Customers with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on service. Bug Tussel Wireless™, LLC, reserves the right, however, to act immediately and without notice to suspend or terminate service in response to a court order or government notice that certain conduct must be stopped or when Bug Tussel Wireless™ reasonably determines: (a) that it may be exposed to sanctions or prosecution; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of Bug Tussel Wireless™, LLC’s network or networks with which Bug Tussel Wireless™, LLC is interconnected or interfere with another Customer’s use of Bug Tussel Wireless™, LLC Products and Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to Bug Tussel Wireless™, LLC or Bug Tussel Wireless™, LLC’s Customers or their respective employees.
Bug Tussel Wireless™, LLC is committed to remaining in compliance with laws and regulations governing use of mobility, internet and e-mail transmissions and to preserving for all of its Customers the ability to use our network and the Internet without interference or harassment from other users. Bug Tussel Wireless™, LLC prohibits use of its IP related Services in any ways that are unlawful, interfere with use of the Bug Tussel Wireless™, LLC network or the Internet, infringe intellectual property rights, result in the publication using Bug Tussel Wireless™, LLC’s Services of threatening or offensive material, constitute Spam/E-mail/Usenet abuse, or present security or privacy risks.
Bug Tussel Wireless™, LLC IP related Services shall not be used in connection with any criminal or civil violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. Fraudulent behavior is strictly prohibited, will result in deactivation, and may also be referred to the appropriate criminal authorities for prosecution.
Bug Tussel Wireless™, LLC may determine, in our sole discretion, inappropriate usage of accounts provided under this AUP and the privilege may be revoked at our sole discretion. Should this occur, you will be informed in writing, via email or otherwise, of this action. In emergencies and as otherwise stated herein, revocation of privileges may be implemented prior to notification of the user.
Bug Tussel Wireless™, LLC reserves the right to block the receipt or transmission of any email that Bug Tussel Wireless™, LLC reasonably believes is or will be sent in violation of law or this AUP.
Bug Tussel Wireless™, LLC’s Products and IP related Services shall not be used in a manner that interferes with any other communications network or the usage or enjoyment of services received by others.
Bug Tussel Wireless™, LLC Products and IP related Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, pornographic, hateful, malicious, racist, defamatory, libelous, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to Bug Tussel Wireless™, LLC’s network or to the network of any other IP related Service provider.
Spam E-mail is prohibited on Bug Tussel Wireless™, LLC’s Products and IP related Services. Examples of Spam E-mail include but are not limited to the following activities:
- using another site’s mail server to relay mail without the express permission of the site;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending electronic messages with petitions for signatures, or any chain mail related materials;
- sending unsolicited electronic messages with charity requests;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the Bug Tussel Wireless™. LLC IP related Services or the Internet (e.g., through language, frequency, size or otherwise);
- sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
- distributing or using software designed to promote the sending of unsolicited bulk electronic messages;
- using distribution lists containing addresses that include those who have opted out;
- posting a single message, or messages similar in content, that could reasonably be expected to provoke complaints, to more than 10 online forums or newsgroups;
- posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information; and
- sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the Bug Tussel Wireless™, LLC network or of the networks with which Bug Tussel Wireless™, LLC interconnects.
Bug Tussel Wireless™, LLC Products and IP related Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of Bug Tussel Wireless™, LLC’s or another’s server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of security violations include but are not limited to:
- intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
- attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access or control devices, software or data (except in the case of authorized legitimate network security operations);
- using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin; and
- distributing viruses, worms, trojan horses or other harmful software.
Individuals using the Services are subject to having all activities on any Bug Tussel Wireless™, LLC website monitored by system or security personnel. Use of the Services constitutes consent to system and security monitoring. Information derived from system and security monitoring may be used as a basis for administrative, disciplinary, or criminal proceedings. If you do not consent to monitoring, exit this system now.
The terms and conditions of this AUP apply while you are accessing or using the Services and remain in effect thereafter, subject to amendments by us from time to time. In the event that you are no longer entitled to or access your Bug Tussel Wireless™, LLC services, or any Bug Tussel Wireless™, LLC website, provisions relating to intellectual property, accuracy of information and appropriate use will survive thereafter.
Bug Tussel Wireless™, LLC makes no representation or warranty relating to the functionality or condition of the Bug Tussel Wireless™, LLC websites or services, the suitability for use or that use of the Services will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THE WEBSITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. BUG TUSSEL WIRELESS™, LLC AND OUR AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR ARISING OUT OF A COURSE OF DEALING OR USAGE IN THE TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
Bug Tussel Wireless™, LLC aggregate liability, if any, for loss or damages relating to or arising out of this AUP or the Services, whether in contract, tort or otherwise, will not exceed the lesser of actual damages or the charges paid by you for this Service for a period of two months. In NO event will Bug Tussel Wireless™, LLC be liable for special, punitive, incidental, indirect, or consequential damages, including without limitation any damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with this AUP, any Bug Tussel Wireless™ website, the Services, or any materials protected by trade secrets or other intellectual property laws.
Customers remain solely and fully responsible for their content. Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute Spam or improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.
Any complaints regarding the violation of this AUP by a Bug Tussel Wireless™, LLC Customer or user should be directed to the designated agent listed below. Where possible, include details that would assist Bug Tussel Wireless™, LLC in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
We limit the information collected about you to what is needed for conducting business and offering products and services that might be of interest to you. You may choose to provide individually-identifiable information (such as e-mail address, name, address, or telephone number) to Bug Tussel Wireless, LLC in a number of ways through our web site – by sending us an e-mail, applying for a job, etc.
We do not collect individually identifiable information from you unless you provide it to us. We do NOT sell the names and addresses of visitors to our site to unaffiliated suppliers, without providing information on that disclosure where the individually identifiable information is collected.
We do collect, maintain and use customer information as necessary to provide the most helpful products and services to meet our customers’ needs (e.g. customer care or new products or services). When undertaking projects with other companies, we provide access to customer information with an understanding that our business partners will also treat the information with respect for privacy concerns.
We appreciate the trust you have placed in us, and we continually look for ways to enhance that business relationship. Occasionally, we may let you know about new or upgraded products and services. Using the information you have provided to us, our goal is to limit our offers to those we think you would appreciate receiving. We want every contact you have with us to be a positive experience.
In addition to individually identifiable information, we may collect information automatically when a visitor enters the Bug Tussel Wireless, LLC site, such as the domain name, browser, the type of computer operating system, information about the web page from which the visitor linked to the site, and time spent on different pages within the site. We may use this information to evaluate and improve the site, and may share the information with business partners and others.
Children should consult with their parents or guardian before furnishing any data to us. We believe that parents should supervise their children’s on-line activities and may consider using one of a number of available parental control tools that provide a child-friendly on-line environment and can prevent children from disclosing individually identifiable information without parental consent. If a child has provided individually identifiable information without the consent of a parent or guardian, that parent or guardian should just contact us to request that the information be deleted from our records.
Bug Tussel Wireless, LLC strives to only form partnerships with companies with an understanding that our business partners will treat our customers with respect with regard to privacy concerns. However, Bug Tussel Wireless, LLC is not responsible for content or privacy policies of other sites. You should keep this in mind when accessing sites through links on Bug Tussel Wireless, LLC website.
By accessing the Site, you have a limited license to use the Site, including the limited right to view, bookmark, download and print, for your non-commercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use in these Terms or on the Site. These Terms cannot be waived or modified by any oral communication between you and Bug Tussel. Your use of any materials or software from the Site is terminable by Bug Tussel at any time.
We reserve the right to change, delete, and update portions of these Terms or other policies that govern use of the Site at our discretion. You should review these Terms periodically for changes. Any amendments and/or modifications by Bug Tussel will be prospective only, and unless otherwise provided in this Agreement, will be effective upon posting to the Site. f you use the Site after we post changes to the Terms, you agree to be bound by the updated Terms. If you have a customer account or services relationship with Bug Tussel, that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in those other agreements shall diminish the protections and rights provided to Bug Tussel under these Terms.
Information Available on Site
We rely on a variety of sources for the information we provide on the Site. This information is provided to you in good faith based on the information available to us. Bug Tussel believes that the information is current and accurate, but does not guarantee it. Furthermore, we do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by third parties. Any reliance on material posted by third parties shall be at your own risk.
Bug Tussel or its content providers shall own or license all of the content, materials, and other intellectual property related to the Site, including, without limit, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth in these Terms (such as with respect to User Content as defined below). Any use of the Materials, except as permitted by these Terms, is expressly prohibited.
If you post Materials to the Site (“User Content”), the User Content shall be deemed owned by you. You grant to Bug Tussel and its affiliated entities a non-exclusive, perpetual, irrevocable, transferrable, sub-licensable, royalty-free, worldwide license to use the User Content in connection with Bug Tussel’s business operations, including this Site. You are solely responsible for all third party claims, liabilities, and damages arising from or in connection with your User Content, and we assume no such liability.
Use of the Site
Furthermore, you agree that you will not :
(1) use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
(2) copy, modify, distribute, create any derivative or compilation work from, or display Bug Tussel’s name or logo, or any text, graphic images, or other content from the Site or redeliver it using framing or similar technology;
(3) use any device designed to provide repeated automated access to the Site other than those made generally available by Bug Tussel;
(4) include the Bug Tussel logo, and other marks, of various products and services offered by Bug Tussel or any other Bug Tussel trademarked materials, the name of any Bug Tussel personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Bug Tussel and you, any other party, or any other website, or otherwise use these items without Bug Tussel’s express written permission;
(5) upload, e-mail or otherwise transmit to Bug Tussel or through the Site any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including, without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or other equipment that is owned, leased or used by Bug Tussel;
(6) create a link to the Site without Bug Tussel’s prior written permission;
(7) use the Site to advertise or perform any commercial solicitation;
(8) use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
(9) use any robot, spider, scraper, or any other automated means to access the Site for any purpose without Bug Tussel’s express written permission;
(10) forge any TCP/IP packet header or any part of the header information in any email or posting;
(11) take any action that imposes, or may impose, in Bug Tussel’s sole discretion, an unreasonable or disproportionately large load on the Bug Tussel infrastructure;
(12) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
(13) bypass measures used by Bug Tussel to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Bug Tussel; or
(14) impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from Bug Tussel for any purpose.
Bug Tussel reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order.
Termination, Removal of Materials, and Monitoring
These Terms are effective until terminated. Bug Tussel may terminate, restrict, or suspend all or part of your license to access the Site and delete any User Content transmitted to or through the Site, at any time, in its sole discretion, without prior notice to you and without any liability to you. Bug Tussel also reserves the right to take any action relating to User Content that it deems necessary or appropriate if such information, as determined in Bug Tussel’s sole discretion, may create liability for Bug Tussel, its agents, customers, or its contractors or may affect Bug Tusel’s business relationships or contracts with its agents, customers, or its contractors. Bug Tussel further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms. You agree that Bug Tussel has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use. You release Bug Tussel from liability related to its monitoring activities.
For your general informational use only, Bug Tussel may provide access to third party websites. These links allow you to leave the Site. Bug Tussel is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Bug Tussel or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Bug Tussel may link). Bug Tussel does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
Disclaimers and Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE FURNISHED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). BUG TUSSEL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “BUG TUSSEL PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE BUG TUSSEL PARTIES, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), OR LOSS OR USE OF DATA.
USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT THE BUG TUSSEL PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE BUG TUSSEL PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO BUG TUSSEL TO PURCHASE THE PARTICULAR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO BUG TUSSEL. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY BUG TUSSEL IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE BUG TUSSEL PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
In consideration of your use of the Site, you hereby agree to indemnify, defend, and hold harmless the Bug Tussel Parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to your breach of these Terms, your violation of law, or your violation or threatened violation of any person’s or entity’s rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to User Content or otherwise).
Bug Tussel manages the Site from offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to your use of the Site, and exclusive jurisdiction and venue for any disputes shall be the state or federal courts located in Green Bay, Wisconsin.
Severability and Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No failure to exercise and no delay in exercising, by Bug Tussel any right, power or privilege hereunder shall operate as a waiver. Any waiver by Bug Tussel of a breach of any provision of these Terms shall not be a waiver of any other breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Bug Tussel.
These Terms constitute the entire agreement with Bug Tussel related to the Site. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. Terms that by their nature are intended to survive the termination, cancellation, or expiration of these Terms shall survive.