Changes. At any time Bugheaven may supplement or amend these Terms of Service, as well as the Bugheaven Policies. Out of courtesy, Bugheaven will provide notice to you of any changes affecting cancellation or payment of fees by email to the email address nominated by you in your registration form. You should ensure that your nominated email address is always current and up to date. Changes requested by you to the Terms of Service or the Bugheaven Policies must be agreed to in writing by Bugheaven.
Accuracy of your registration information. You agree to provide accurate, current and complete information as prompted by the registration form ("Registration Data"), which you will fill out online in order to gain access to the Service. You will use commercially reasonable efforts to maintain and promptly update the Registration Data to keep it accurate, current and complete.
Account ownership. In completing the Registration Data, you will be asked to specify an Account Owner. You acknowledge and agree that in the event of any dispute regarding ownership of or entitlement to access your Bugheaven account, Bugheaven will defer to the current nominated Account Owner. If there are any changes to the Account Owner, the onus is on you to notify Bugheaven and to ensure your Registration Data is updated.
Email and notices. Bugheaven will use email and/or the Bugheaven website to provide all notices, statements etc to you. It is up to you to keep the email address specified in your Registration Data up to date.
Account security. You are responsible for safeguarding the password that you use to access the Bugheaven website and the Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Bugheaven of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data to Bugheaven, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Bugheaven website and Services.
Account name change. You may change your "Organization Name" (also referred to as the "Long Name") at any time by contacting support. Changing your "System Name" (also referred to as "short name" or "alias") will incur a $150 System Change fee, for technical reasons described at "Account / Organization Name Change Policy" in the Bugheaven Community Help.
Billing. Bugheaven charges and collects for the Services in advance under your agreed Bugheaven plan. You can elect to purchase the Services under your agreed Bugheaven plan either for one month, one quarter, one year, or multiple years. On the renewal date Bugheaven will automatically renew the plan and bill your nominated payment method. If you do not wish to renew then you must Cancel your plan according to terms outlined in Clause 11 (below) a minimum of fourteen (14) days prior to the renewal date. Unless specified otherwise, all fees and charges are non-refundable and there are no refunds or credits for partially used periods.
Grace period. Bugheaven allows you a thirty (30) day grace period from the due date of the invoice to bring your Bugheaven balance current. If you do not bring your balance current within this thirty (30) day grace period, Bugheaven may use its discretion to suspend your access to the Services until the amount outstanding is paid in full. Your obligation to pay for the Services continues during the suspension. If the amount outstanding is not paid in full within ninety (90) days of the due date of the invoice, your Account will be automatically archived & canceled by Bugheaven (see "Data Archive & Cancellation", below). You agree and acknowledge that Bugheaven has no obligation to retain your Data.
"Data" includes all data stored by you through use of the Services.
Changes to your payment details. If you want to change your payment details, for example, if you want to use a different credit card or if there is a change in your credit card validity or expiration date, you will need to contact support and recieve a secure link to modify your payment information. If your credit card reaches its expiration date, your continued use of the Services constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Account cancellation. Your Bugheaven account will continue in effect unless and until you cancel the account or Bugheaven terminates your account. You may Cancel your plan at any time by notifying Bugheaven Support or by email. You must cancel your Bugheaven account at least fourteen (14) days before the end of your billing cycle anniversary date in order to avoid billing of the next cycle's fees to your credit card or nominated payment method.
Data archive following cancellation. When you cancel your account, Bugheaven will archive your data for thirty (30) days for no fee. If during this period you want to re-activate your account, you must pay a fee equivalent to the amount owed if you had kept your account active through the de-activated period. If you do not make this election within the 30-day period, Bugheaven may at the end of this period delete your Data without providing additional notice, and you agree that you will hold Bugheaven harmless from any claims of loss or damage due to such data destruction. Optionally, You can sign up for our archive service for a fee. The minimum term for our archive service is six months. If you would like to re-instate your prior service plan before the end of this six-month term, you agree to pay a fee equivalent to the amount owed if you had kept your account active through the de-activated period. Pricing and terms for the archive service are subject to change by Bugheaven.
Free accounts. Bugheaven offers certain accounts free of charge ("Free Account") for active users of the system. Bugheaven reserves the right to terminate Free Accounts that have not been actively used for a period of three (3) months. If a Free Account is inactive for three (3) months, then Bugheaven reserves the right to delete your account and all data contained within, without notice.
Upgrade plan level: You can upgrade at any time to a higher level of service under a new Bugheaven plan that is at least of the same duration as your existing plan. Existing system credit will be applied towards upgraded service level, and the difference between the old and new plans will be charged on a pro-rata basis. Your billing cycle will remain the same.
Upgrading your plan term: You can upgrade at any time to a longer plan term (eg from monthly to quarterly or annually/multi-annually). The upgrade to plan length will occur at the end of the next billing cycle and the new billing cycle of extended duration will commence from this anniversary date (e.g. if you opt to increase from monthly to annually and your current billing cycle ends on January 5, the new annual billing cycle will commence from this date so that the next billing cycle will not conclude until January 5 on the following year).
Upgrade plan level and increase plan term: You can upgrade at any time to a higher level of service under a new Bugheaven plan and also increase your plan term (eg from monthly to quarterly or annually). The upgrade to the plan level will occur immediately and existing system credit will be applied towards upgraded service level, with the difference between the old and new plans charged on a pro-rata basis. The increase to the plan term will occur at the end of the next billing cycle and the new billing cycle of extended duration will commence from this anniversary date (eg if you opt to increase from monthly to annually and your current billing cycle ends on January 5, the new annual billing cycle will commence from this date so that the next billing cycle will not conclude until January 5 on the following year).
Upgrade plan level but reduce plan term: You can upgrade at any time to a higher level of service under a new Bugheaven plan and also change the billing cycle (eg monthly instead of quarterly). Existing system credit will be applied towards upgraded service level, and the difference between the old and new plans will be charged on a pro-rata basis. Your billing cycle will be re-set so that the date on which you are billed will commence from the day that you nominate to upgrade to the higher plan and change the billing cycle (eg if you make this nomination on January 5 and opt to go to a monthly cycle, the next billing date will be February 5. If you make this nomination on January 31, then the next billing date will be February 28 and the following billing date will be March 31 etc).
Downgrade plan level: You may request a downgrade to your Bugheaven plan at any time within the current billing cycle up to and including the 7 day period at the end of your billing cycle. However, the downgrade will not take effect until the end of the current billing cycle, The billing cycle end will remain unchanged
Your responsibilities. You acknowledge and agree that you should not rely on the Bugheaven website and Services for any reason, unless expressly agreed otherwise between yourself and Bugheaven. You further acknowledge and agree that you are solely responsible for maintaining and protecting all Data that is stored, retrieved or otherwise processed by the Bugheaven website or through your use of the Services. Without limiting this, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Bugheaven website and/or the Services.
Data backup. Bugheaven will maintain a backup every 24 hrs to all Data on multiple servers, but makes no claim about the accuracy and reliability of these backups. Database backups can also be requested from Bugheaven for a fee according to Bugheaven’s policies.
Transmission of data. You acknowledge and agree that the technical processing and transmission of your electronic communications is fundamentally necessary to your use of the Services. You agree that Bugheaven is not responsible for any electronic communications and/or data which are lost, altered, intercepted or stored without authorization during the transmission of any data across networks not owned and/or operated by Bugheaven.
Customer support. You will receive support in accordance with the Bugheaven plan you have subscribed to as set out at the Bugheaven Support Services webpage. Additional support can be purchased for a fee. Free Accounts have no guarantee of support, however, it will be provided at Bugheaven's sole discretion.
Third party software. Bugheaven is not responsible for the code that implements any third party software or service used on the Bugheaven website nor is Bugheaven responsible for the code that implements any third party software or services provided via a non-web interface. This is the responsibility of the implementers of the third party software. This software is provided to you "as is" and Bugheaven makes no representation nor provides any warranty to you as to its availability, reliability, suitability or timeliness.
Your confidentiality. Bugheaven uses reasonable commercial efforts to protect the confidentiality of your data.
Your Proprietary rights. Bugheaven acknowledges that your Data may be protected by Intellectual Property Rights (as defined below). Bugheaven will not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way your Data, unless as part of the standard supply of the Services or at your direction e.g. for backup purposes.
"Intellectual Property Rights " in these Terms of Service includes all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights.
Bugheaven's Rights. All right, title, and interest in and to the Bugheaven website, its content, and the Services are and will remain the exclusive property of Bugheaven and its licensors, including all Intellectual Property Rights in that property, even if Bugheaven incorporates any of your Feedback (as defined below) into subsequent versions. The Bugheaven website, its content, and the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Bugheaven website, its content, and the Services. You may not copy or modify the HTML or other code used to generate web pages on the Bugheaven website.
User feedback. All feedback, comments, and suggestions for improvements ("Feedback") that you provide to Bugheaven, in any form, and any contributions you make to the Bugheaven website by posting content and communicating with other Bugheaven users via posts to forums on the site ("User Posts") will be the sole and exclusive property of Bugheaven. You hereby irrevocably transfer and assign to Bugheaven and agree to irrevocably assign and transfer to Bugheaven all of your Intellectual Property Rights in your Feedback and User Posts. At Bugheaven's request and expense, you will execute documents and take such further acts as Bugheaven may reasonably request to assist Bugheaven in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Bugheaven website, its content, and/or the Services or in any Bugheaven Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
Marketing. You agree that Bugheaven may identify you as a Bugheaven customer in client lists and may use your name, company and/or logo for this purpose in its marketing materials and press releases. Bugheaven will not otherwise use your name, company and/or logo without your prior consent. You can opt out of having your name, company and/or logo identified by emailing: firstname.lastname@example.org.
Infringements. Bugheaven can investigate and prosecute violations of any of these Terms of Service including any infringements of Bugheaven's acceptable use policy, to the fullest extent of the law. Bugheaven may involve and co-operate with law enforcement authorities in prosecuting users who violate these Terms of Service. Bugheaven has no obligation to monitor your access to or use of the Bugheaven website and Services, but has the right to do so for the purpose of operating the Bugheaven website and the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Indemnification. You agree to defend, indemnify, and hold Bugheaven, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Bugheaven website and/or Services; (ii) your violation of these Terms of Service (incorporating the Bugheaven Policies); (iii) your violation of any third party right, including without limitation any Intellectual Property Right.
Bugheaven is available "AS IS". THE Bugheaven WEBSITE AND THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Bugheaven EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE Bugheaven WEBSITE AND THE SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA TO UNINTENDED THIRD PARTIES.
Bugheaven MAKES NO WARRANTY THAT THE Bugheaven WEBSITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Bugheaven MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE Bugheaven WEBSITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Bugheaven WEBSITE AND THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Bugheaven OR THROUGH THE Bugheaven WEBSITE AND THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Bugheaven liability. IN NO EVENT WILL Bugheaven BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE Bugheaven WEBSITE AND/OR THE SERVICES, OR FOR ANY ERROR OR DEFECT IN THE Bugheaven WEBSITE OR THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT Bugheaven HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Bugheaven IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THIS RESTS ENTIRELY WITH YOU.
FREE ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF Bugheaven TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE Bugheaven WEBSITE AND/OR THE SERVICES IS LIMITED TO TWENTY ($20) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Bugheaven AND YOU.
ALL OTHER ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF Bugheaven TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE Bugheaven WEBSITE AND/OR THE SERVICES IS LIMITED TO LOWER OF: a) THE AMOUNTS YOU HAVE PAID TO Bugheaven DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIM, FOR ACCESS TO AND USE OF THE Bugheaven WEBSITE AND/OR THE SERVICES, OR b) ONE HUNDRED ($100) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Bugheaven AND YOU.
Termination. If you violate any of these Terms of Service (incorporating the Bugheaven Policies), your permission to use the Bugheaven website and the Services will automatically terminate. Bugheaven reserves the right to revoke or suspend your access to and use of the Bugheaven website and Services at any time, with or without cause, and with or without notice.
Waiver. Bugheaven's failure to exercise or delay in exercising a right or power does not operate as a waiver of that right or power and does not preclude the future exercise of that right or power.
Governing Law. These Terms of Service (incorporating the Bugheaven Policies) and any action in relation to them will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any such action will be the state and federal courts located in Santa Clara County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Assignment. You will not assign or transfer all or any of your rights or obligations under the Terms of Service without the prior written consent of Bugheaven.
Business Transmission. Bugheaven may sell, transfer or otherwise share some or all of its assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. In such an event, Bugheaven will take steps to ensure the security and confidentiality of your Data is preserved by requiring all parties to the transfer to undertake to comply with the terms of the Data Confidentiality Agreement.
Severance. Any illegal or invalid provision of the Terms of Service and/or any of the Bugheaven Policies will be severable and all other provisions will remain in full force and effect.
Tax. You are responsible for all taxes which may be payable in respect of the provision of the Services to you and unless otherwise legislated in the jurisdiction which is relevant to the purchase of the Services by you, Bugheaven bears no liability in this regard.
Beta Services. We may offer certain Services as beta services ("beta", "Beta Service" or “Beta Services”) for the purpose of testing and evaluation. Beta Services have no SLA and do not have equivalent features to our commercial service. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Bugheaven will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
The information Bugheaven collects. In the course of using the Bugheaven website, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use of and activities at the Bugheaven website that may be connected with you ("Personal Information"). Personal Information that we collect may include, but is not limited to, your name, phone number, credit card or other billing information, email address and postal addresses. Personal Information may also include information you supply to us concerning your preferences and interests expressed in the course of use of the Bugheaven website.
When you visit the Bugheaven website, our servers automatically record information that your browser sends whenever you visit a website. This information may include, but is not limited to, your computer's Internet Protocol address, browser type, the web page you were visiting before you came to the Bugheaven website and information you search for on the Bugheaven website. Like many websites, we may also use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We may use "persistent cookies" to save your registration ID and login password for future logins to the Bugheaven website; and we use "session ID cookies" to enable certain features of the Bugheaven website, to better understand how you interact with the Bugheaven website and to monitor aggregate usage and web traffic routing on the Bugheaven website. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Bugheaven website or all functionality of our services.
How Bugheaven uses the information.
Personal Information is or may be used for the following purposes: (i) to provide and improve the Bugheaven website, services, features and content, (ii) to administer your use of the Bugheaven website, (iii) to enable you to enjoy and easily navigate the Bugheaven website, (iv) to better understand your needs and interests, (v) to fulfill requests you may make, (vi) to personalize your experience, (vii) to provide or offer software updates and product announcements via our opt-in "New from Bugheaven" Newsletter, and (viii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties. Bugheaven will not provide you with this information unless you 'opt-in' to receive it. If you decide at any time that you no longer wish to receive any such communications, please follow the "unsubscribe" instructions provided in any of the communications sent to you, or update your "account settings" information.
As per our Terms of Service, Bugheaven may also identify you as a Bugheaven customer in client lists and may use your name, company and/or logo for this purpose in its marketing materials and press releases. You can opt out of having your name, company and/or logo identified by emailing: email@example.com.
Sharing the information and disclosure.
Service Providers, Business Partners and Others. We may employ third party companies and individuals to facilitate our service, to provide the service on our behalf, to perform Bugheaven website-related services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the features of the Bugheaven website) or to assist us in analyzing how the Bugheaven website and service are used. These third parties have access to your Personal Information only for purposes of performing these tasks on our behalf.
Compliance with Laws and Law Enforcement. Bugheaven co-operates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Bugheaven or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.
Business Transfers. Bugheaven may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition,reorganization or sale of assets or in the event of bankruptcy.
Changing or deleting your information.
You may review, update, correct or delete the Personal Information provided in your registration or account profile by logging into Bugheaven and changing "My Settings."
Our policy regarding children.
Out of special concern for children's privacy, Bugheaven does not knowingly accept online personal information from children under the age of 13. Bugheaven does not knowingly allow children under the age of 13 to become registered members of the Bugheaven website, or buy products and services on the Bugheaven website. Bugheaven does not intend to provide the Services to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org.
Data Confidentiality Agreement
Preservation of your data confidentiality. Bugheaven shall use all reasonable commercial efforts to:
preserve the confidentiality and avoid the disclosure of the your Confidential Information (defined below), unless strictly required otherwise by law;
limit access to your Confidential Information to those of its employees or agents granted access rights by you through use of the Services (as defined in the Terms of Service), unless requested otherwise by you in writing or email;
not at any time disclose, give, or transmit (in any manner or form or for any purpose) your Confidential Information to any person, party, firm, or corporation other than you except as specified in this Data Confidentiality Agreement or the Terms of Service, and unless required by law;
immediately notify you in the event of any disclosure which is required by law;
not use any Confidential Information in any way other than for the purpose of providing the Services to you and the utilization of these Services by you in accordance with the Terms of Service ("Purpose"), or as otherwise contemplated by this Data Confidentiality Agreement or the Terms of Service without your permission; and
ensure that all Bugheaven employees or agents to whom your Confidential Information is disclosed are legally bound to keep your Confidential Information confidential and not to use the Confidential Information except for the Purpose.
"Confidential Information" means all of your Data (as defined in the Terms of Service) stored using the Services including but not limited to computer source code, files and content contained within (e.g. source code, any business plan, concept, idea, know-how, process, technique, program, design, formula, algorithm or work-in-progress, any engineering, manufacturing, marketing, technical, financial, data, or sales information, pricing or business information, and any other information or materials, whether written, or graphic, or any other form), issue tickets, wiki content, or any other proprietary information created through use of the Services but excluding your name, company and/or logo which may be used by Bugheaven for marketing purposes as contemplated by the Terms of Service.
Proprietary Rights. Other than as expressly provided in the Terms of Service, Bugheaven obtains no proprietary rights of any kind to your Confidential Information. Ownership of your Confidential Information stored on the Bugheaven website is retained by your Account Owner (as nominated by you in your Registration Data which may be updated by you at any time), as described in the Terms of Service.
Terms of Service Prevails. If there is any conflict between the terms of this Data Confidentiality Agreement and the Terms of Service, theTerms of Service prevails. This Data Confidentiality Agreement is to be read and understood in conjunction with the Terms of Service.
Acceptable Use Policy
You agree not to do any of the following while using the Bugheaven website or Services:
Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any Intellectual Property Rights (as defined in the Terms of Service); or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Bugheaven website, Bugheaven's computer systems, or the technical delivery systems of Bugheaven's providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Bugheaven website or Services with any engine, software,tool, agent, device or mechanism other than the software and/or search agents provided by Bugheaven or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Bugheaven website or Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Bugheaven website or Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, phishing or mail-bombing the Bugheaven website; or plant malware on Bugheaven's computer system, those systems of Bugheaven's providers, or otherwise use the Bugheaven website or Services to attempt to distribute malware;
Harvest or collect information about visitors to the Bugheaven website without their express written consent;
Impersonate or misrepresent your affiliation with any person or entity;
Run any program or script that places undue load on the Bugheaven servers as determined by the Bugheaven infrastructure support team at their sole discretion.