All subscribers (both paying and "Free-Trial") must agree to the following terms of use. PLEASE READ THE TERMS CAREFULLY. BY INDICATING YOUR ACCEPTANCE (AS DESIGNATED BELOW) YOU ARE SUBJECT TO THE TERMS OF USE AGREEMENT.

Terms of Use Agreement

The services that BugMonitor.com provides to you are subject to the following Terms of Use Agreement (the "Agreement"). BugMonitor.com reserves the right to update the Agreement at any time and you, by continuing use of the site, agree to such updates; the most current version of the Agreement can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. The Agreement is by and between BugMonitor.com ("BugMonitor.com") and the person acknowledging this Agreement (the "Subscriber").

DESCRIPTION OF SERVICE.
BugMonitor.com is a transaction intermediary engaged in the facilitation of electronic commerce. BugMonitor.com agrees to provide Subscriber access to the electronic bug tracking service (the "Service") which will permit the processing, storage, retrieval, reporting, and transmission of transaction data submitted by Subscriber (the "Subscriber Data") under the terms of use set forth in this Agreement. BugMonitor.com may change Service features and functionality, as well as the terms of use of this Agreement, from time to time. Notice of such changes will be posted on the BugMonitor.Com website, which Subscriber agrees to review periodically.

GRANT OF SOFTWARE LICENSE.
BugMonitor.com hereby grants Subscriber a non-exclusive, limited license to use BugMonitor.com software (the "Software") solely in connection with Subscriber's use of the Service. Subscriber shall not, and shall not permit, assist or allow others to, reverse engineer, decompile, disassemble, re-engineer or otherwise discover or recreate or attempt to discover or recreate the Software. Subscriber shall not modify the Software, or sublicense or charge others to use or access the Software, or use the Software for a service bureau, or use the Software in any way not expressly authorized by this Agreement.

This Agreement is not a sale of materials to Subscriber but only a non-exclusive, limited license to use the Software as stated above.

Subscriber acknowledges that ownership of and title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the BugMonitor.com proprietary information are and shall remain in BugMonitor.com. Subscriber acquires only the right to use the BugMonitor.com proprietary information and does not acquire any ownership rights or title in or to the BugMonitor.com proprietary information.

SUBSCRIPTION FEES AND CHARGES ("free-trial" members excluded during trial period). 
Subscriber's use of the Service may result in fees as will be set forth on BugMonitor.com's website. The Service fees and charges may be changed by BugMonitor.com from time to time by providing Subscriber with thirty (30) days prior notice posted on BugMonitor.com's website. Subscriber agrees to pay said fees prior to the term of the Service that is to be rendered. These fees are deducted from Subscriber's credit card account on an automatic and recurring basis. Failure to pay fees or to keep valid auto-pay information up to date may result in the suspension or termination of the Service and the destruction of all Subscriber Data. Subscriber shall pay on all amounts past due, that have not been disputed specifically in writing and in good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate not prohibited by Georgia law. Subscriber shall be liable for all attorney and collection fees arising from BugMonitor.com's efforts to collect unpaid balances.

Subscriber agrees to pay all state and local sales, use, property or other taxes, except for taxes on BugMonitor.com's net income, which may be assessed against BugMonitor.com with respect to this Agreement and any services provided hereunder. At its option, BugMonitor.com may include such taxes in its invoices, in which event Subscriber shall pay to BugMonitor.com the taxes so invoiced. Subscriber hereby agrees to indemnify BugMonitor.com for and hold it harmless from any taxes and related costs, interest and penalties paid or payable by BugMonitor.com.

SECURITY.
BugMonitor.com agrees to exercise reasonable care to prevent any unauthorized person or entity from gaining access to the Subscriber Data. Both parties agree to promptly notify the other of any unauthorized access to or use of Subscriber Data or passwords. Both parties agree to use all reasonable efforts to take remedial measures to rectify any such unauthorized access. BugMonitor.com shall not be liable for any damages incurred by Subscriber in connection with any unauthorized access to or disclosure of Subscriber Data resulting from the actions of Subscriber, any third party, or from the failure of electronic or other security measures. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

PROTECTION OF PROPRIETARY INFORMATION.
In order to protect the rights of BugMonitor.com's proprietary information, Subscriber agrees to take all reasonable steps to protect BugMonitor.com's Proprietary Information from disclosure to third parties as with its own proprietary and confidential information. Subscriber shall not disclose, provide, or make available any of BugMonitor.com's proprietary information in any form to any person. "Proprietary Information" is the Software (HTML, ASP, VB Script, and JavaScript), the database (tables, fields, stored procedures, entity-relationships, etc.), any documentation and any complete or partial copies thereof, the way the Software looks and functions, and information reasonably identifiable as the confidential and proprietary information of BugMonitor.com.

PRIVACY.
Subscriber has read and understands BugMonitor.com's Privacy Policy ("Privacy Policy"). The most current version of the Privacy Policy can be reviewed by clicking on the "Privacy" hypertext link located at the bottom of our web pages.

LIMITED WARRANTY.
BugMonitor.com warrants that the Service shall be provided with due care. EXCEPT FOR THE FOREGOING, BUGMONITOR.COM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE PROVIDED HEREUNDER. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

NO LIABILITY.
ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, UNDER NO CIRCUMSTANCES SHALL BUGMONITOR.COM BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE PAID SERVICE FEES OR BE LIABLE IN ANY AMOUNT FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICE. SUBSCRIBER'S SOLE REMEDY UNDER THIS AGREEMENT IS THE TERMINATION OF THE SERVICE.

NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Service and Software, you will not use the Service or Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service or Software in any manner that could damage, disable, overburden, or impair any BugMonitor.com server, or the network(s) connected to any BugMonitor.com server, or interfere with any other party's use and enjoyment of the Service or Software. You may not attempt to gain unauthorized access to the Service or Software, other accounts, computer systems or networks connected to any BugMonitor.com server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service or Software.

VIRUS PROTECTION.
Subscriber understands that BugMonitor.com does not scan for viruses in any file that Subscriber stores within any part of the BugMonitor.com system or transmits to a third party from BugMonitor.com. BugMonitor.com assumes no responsibility for scanning documents or attachments submitted by Subscriber.

INDEMNIFICATION.
Subscriber agrees to indemnify and hold harmless BugMonitor.com and its affiliates, employees, agents, licensors, successors and assigns from all damages and liability, including reasonable attorneys' fees, incurred by: (a) Subscriber's violation of its obligations under this Agreement, (b) the negligence or willful acts of Subscriber, or (c) the violation by Subscriber of BugMonitor.com's or any third party's rights, including, but not limited to, privacy rights, other property rights, trade secret, proprietary information, trademark, copyright or patent rights and claims for libel and slander or unfair trade practices in connection with the use or operation of the Service or Software. Subscriber's obligation to indemnify shall survive the expiration or termination of this Agreement by either party for any reason.

TERMINATION.
Either party may cancel this agreement at any time. The following obligations will survive the termination of the Agreement for any reason: (a) indemnification; (b) obligations to make payments of amounts that become due under this Agreement before termination; and (c) any other provision hereof where the context of such provision indicates an intent that it shall survive the term or termination of this Agreement.

INTERRUPTION OF SERVICE.
Service may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs and other similar activities necessary during the operation and upgrade of Service. No reduction of payments will be made in the case of temporary interruption of Service. In no event shall BugMonitor.com be liable for any damages due to temporary interruption of Service.

BugMonitor.com will not be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit when caused by acts of God, fire, water, riots, terrorist acts, war, viruses, acts of Government or any other causes beyond the reasonable control of BugMonitor.com.

Because Subscriber will access the Service or Software over the public Internet, temporary disruptions of network connectivity will occur from time to time. Internet traffic is usually routed through many different Internet backbone providers on the way to its destination. BugMonitor.com will not be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit when caused by any Internet backbone provider.

MISCELLANY.
This Agreement constitutes the entire Agreement between BugMonitor.com and Subscriber, and expressly supersedes any prior or contemporaneous written or oral agreements between the parties regarding the subject matter hereof, including without limitation any unilateral offer, purchase order or other similar instrument in writing. This Agreement may not be amended, altered or changed except by a written agreement signed by both parties.

In the event that any court having jurisdiction shall determine that any provision contained in the Agreement is unreasonable or unenforceable in any respect, then such provision shall be deemed limited to the extent that such court deems it reasonable and enforceable, and as so limited shall remain in full force and effect. In the event that such court shall deem any such provision wholly unenforceable, the remaining provisions of this Agreement shall nevertheless remain in full force and effect.

Subscriber's rights in this Agreement are personal and are not assignable. The subscriber's user id is not transferable. Notwithstanding the foregoing, BugMonitor.com may assign or transfer its rights and obligations under this Agreement to third parties.

This Agreement will be governed by and construed in accordance with Georgia law. The parties agree that any claim, controversy or dispute arising out of or relating to this Agreement shall be settled by final and arbitration to be conducted by an arbitration tribunal in Duluth, Georgia in accordance with the commercial arbitration rules of the American Arbitration Association, and the decision of the arbitrator(s) shall be binding; provided that BugMonitor.com may bring or defend an action (1) involving allegations of personal injury to a third party, or (2) for injunctive or other equitable or extraordinary relief, in a court of law. Subscriber agrees to be bound by the jurisdiction and venue of Fulton County, Superior Court, State of Georgia.

The remedies provided in this Agreement and otherwise at law or in equity are cumulative and not exclusive. The failure by either party to exercise any right or remedy under this Agreement or otherwise available at law or in equity will not be deemed a waiver of any subsequent right or remedy.

No person or entity who is not a party to this Agreement shall derive any rights whatsoever hereunder as a third party beneficiary of this Agreement.

ACCEPTANCE.
The parties acknowledge that they have read the terms of use of this Agreement and hereby agree to be bound by the terms thereof. This Agreement will become effective upon Subscriber's acceptance by electronic acknowledgment on the Service website. Each time Subscriber logs into the Service, Subscriber is reaffirming continued acceptance of the Agreement and all amendments thereto.

If you do agree to be bound by the terms and conditions of this Agreement, you will be given specific, non-exclusive rights, listed above, to access, use, and copy online materials in BugMonitor.com, subscription databases. You can agree with this Agreement by checking the "I have read, understand, and agree to abide by the Terms of Use" check box on one of various online forms required to gain access to the Service. All subscribers created thereafter will also be required to agree in order to use the Service.

NON-ACCEPTANCE.
If you do not agree to be bound by the terms and conditions of this contract, you will not be allowed to open an account with BugMonitor.com, Inc., you will not be given access to any online subscription databases, and you will not be allowed to use any materials in the subscription databases. You can disagree with this Agreement by leaving the "I have read, understand, and agree to abide by the Terms of Use" check box unchecked on one of various online forms required to gain access to the Service.

COPYRIGHT.
All materials of the website www.BugMonitor.com are copyrighted by BugMonitor.com, Inc.

UNEXPRESSED RIGHTS.
Any rights not expressly granted herein are reserved.