Bulletin.net Inc - Online Registration for Supply of Services

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 User uses specific Bulletin Services, 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 User 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 free trial period applies, you may use the Services for which the free trial period applies, and Subscription Fees will not apply for the duration of the free trial period. Message delivery charges and other charges may apply. On expiration of the free trial period, all charges applicable to the relevant Services will apply; Bulletin has no obligation to notify you that the free trial period has ended.

1. Definitions

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 Online, Bulletin Connect, Bulletin Mail, Bulletin Messenger, Email2SMS, or Bulletin mQuery and any other service made available by Bulletin on its website from time to time including without limitation any new service introduced by Bulletin and any re-branded service.
Setup Fee: - means the set up fee 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.
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

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

The User will:

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
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

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, subject to these terms and conditions and any applicable License Agreement.
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.
User must provide all Equipment necessary for connections to the World Wide Web or a mobile carrier's Short Message Service network.

5. 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:

Use the Service in connection with chain letters, junk Speedmail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
Harvest or otherwise collect information about others, including email addresses, without their consent;
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;
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;
Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
Libel, defame or slander any person, or infringe upon any person's privacy rights;
Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
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;
Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or
Engage in any other activity that Bulletin believes could subject Bulletin to criminal liability or civil penalty or judgment.

6. Fees, Payment and Cancellation

Fees. In consideration for the availability and use of the Services, the User shall pay to Bulletin the Setup Fee (if any), the Subscription Fee (if any) and all applicable message delivery fees.
Unless otherwise specified on the Bulletin website or otherwise notified to the User, the Setup Fee and the Subscription Fee are payable in advance as follows and the message delivery fees are payable monthly in arrears. All Charges will be automatically billed to the User's credit card.

Set-up fees are billed at the time of sign-up of a Service.
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 until the User cancels the Service on one month's notice to Bulletin.

Failure to pay any fees when due may result in suspension of the Services.
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 month of the Service following termination or cancellation. Any remaining pre-paid messages as at the date of termination are forfeited by the User and no refund will be provided by Bulletin.

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.

7. Access, Passwords and Security

The User is responsible for:

the confidentiality and use of the User's access number(s), password(s), and account number(s);
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).

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).

8. Security of Data Transmisson

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

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

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

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.
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 monthly charge at the date of the last claim.
Nothing in these terms and conditions:

excludes or limits the liability of Bulletin for death or personal injury caused by Bulletin's negligence or fraudulent misrepresentation; or
where the User deals as a consumer, shall affect the User's statutory rights.

12. Variation

Bulletin may from time to time vary these terms and conditions (or introduce new terms and conditions) with immediate effect by publishing updated or new terms and conditions on the Bulletin website. It is the User's responsibility to regularly review the Bulletin website for updated / new terms and conditions. By continuing to use the Services following any updated or new terms and conditions being published on the website, the User is deemed to have accepted those updated/new terms and conditions.
These terms and conditions may be varied in accordance with clause 12.1 above 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 otherwise at Bulletin's discretion.

13. Disclosure

Bulletin may disclose, with the permission of the user, to third parties with respect to the user's account.

14. Assignment

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

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 and personal 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.
Bulletin may disclose Electronic Communications if required to by law or in the good faith belief that such disclosure is reasonably necessary to:

comply with legal process;
enforce these terms and conditions;
respond to claims that any Electronic Communications violate the rights of third parties; or
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;
use the Service to solicit Bulletin Users or others to participate in the solicitation of Bulletin Users or others for any purpose;
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;
in any way express or imply that any opinions contained in User's Electronic Communications are endorsed by Bulletin.

User agrees 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 agrees that Bulletin may provide notices, statements and other communications to User solely through e-mail, posting on the Service or other electronic transmission.
User understands that the technical processing and transmission of the Service, including User's Electronic Communications, may involve:

transmissions over various communications networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.

16. Notices

Notices to User or its users from Bulletin may be made either by e-mail or regular mail.

17. Miscellaneous

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.
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.
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 served personally upon the other party or if sent by first class prepaid post to the address of the other party as stated above.
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.
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.
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.
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.

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