Terms of Use

YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

Acceptance of Terms

The following terms and conditions govern all use of the http://www.TugLink.com web site (the “Site”) and the services available on or at the Site (collectively, the “Service”). The Service is owned and operated by TugLink Inc. (“TugLink”). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on this Site by TugLink. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations.

Modification of Terms of Use

TugLink reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. All changes shall be effective upon posting. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. We may terminate, suspend, change, or restrict access to all or any part of the Site without notice or liability.

Privacy

TugLink's practices and policies with respect to the collection and use of personally identifiable information are governed by TugLink's Privacy Policy.

Limitations of Use

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by TugLink or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of TugLink. You acknowledge that the Content is and shall remain the property of TugLink. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without TugLink’s prior written approval. You also may not, without TugLink’s express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into TugLink’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. TugLink makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by TugLink.

Members of the TugLink community must be 18 years of age or older. TugLink may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.

Patent Information

Technologies and processes embodied in and used by this Site are covered by one or more U.S. patents pending.

Trademarks

TugLink (including the TugLink logo), TugLink.com, TUG, and all related logos (collectively the " TugLink Trademarks") are trademarks or service marks of TugLink. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by TugLink or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the TugLink trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. We prohibit use of any of the TugLink trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any TugLink Trademarks, or whether any mark or logo is a TugLink Trademark, should be referred to TugLink.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. For purposes of the Terms of Use, the Content includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by TugLink or its partners on or through the Service.

By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of TugLink or any third party; or
• impersonates any person or entity, including any employee or representative of TugLink.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by TugLink in its sole discretion) an unreasonable or disproportionately large load on TugLink's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures TugLink may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

Registration

As a condition to using Services, you are required to register with TugLink and select a password (the “Password”) and alias (the “Screen Name”). You shall provide TugLink with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your TugLink account. You shall not (i) select or use as a Screen Name a name of another person with the intent to impersonate that person; (ii) use as a Screen Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Screen Name a name that is otherwise offensive, vulgar or obscene. TugLink reserves the right to refuse registration of, or cancel a Screen Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Password. You shall never use another user's account without such other user's express permission. You will immediately notify TugLink in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites

This site may contain links to web sites controlled, owned, and operated by third parties (the "Third-Party Sites"). These other web sites are not under TugLink's control, and you acknowledge that TugLink is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such web sites or resources. You acknowledge and agree that TugLink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Sites, goods or services available on or through any such sites or resources. You further acknowledge that use of any Third-Party Sites is governed by the terms of use for those websites, and not by the Terms of Use. Links to Third-Party Sites do not constitute an endorsement or recommendation by TugLink of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such Third-Party Sites may have a privacy policy different from that of TugLink and the Third-Party Sites may provide less security than this Site. We are not responsible for the content of any Third-Party Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Sites, and TugLink shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

TugLink Content Generally

You agree that the Service contains Content specifically provided by TugLink or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by TugLink in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content.

User Submissions

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to TugLink through this Site (collectively, "Submissions") will be deemed and remain the property of TugLink, and TugLink is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. TugLink shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by TugLink or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting TugLink's responsibilities and obligations under its Privacy Policy.

TugLink has no obligation to monitor the Site, Service, Content, or Submissions. TugLink may remove any Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submission), or for no reason at all.

You shall not provide TugLink with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the Submissions you post on or through the Service. TugLink does not endorse and has no control over any Submission.

Availability

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by TugLink to any person to use the Site or Content in jurisdictions where the provision of the site and/or content is prohibited by law.

Termination

The Terms of Use are effective until terminated by TugLink. TugLink may terminate the Terms of Use at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in TugLink's absolute discretion and without notice. If you wish to terminate your account, you may simply discontinue using the Service. The following provisions of the Terms of Use shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

Waiver

Failure by TugLink to enforce any of its rights under the Terms of Use shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Disclaimer of Warranties

IN NO EVENT SHALL TUGLINK, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "TUGLINK PARTIES") GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND TUGLINK DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

THIS SITE AND SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TUGLINK PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THETERMS OF USE.

TUGLINK MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND TUGLINK PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. TUGLINK RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL TUGLINK PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF TUGLINK PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TUGLINK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT TUGLINK PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless TugLink Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the TugLink Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of the Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. TugLink Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of TugLink. You further agree to indemnify and hold harmless TugLink Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

Monitoring of the Site

TugLink has no obligation to monitor the Site; however, you acknowledge and agree that TugLink has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

International Use

TugLink makes no representation that the Content is appropriate or available for use in locations outside of the United States of America, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Applicable Law and Dispute Resolution

The Terms of Use and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Connecticut, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in Fairfield County, Connecticut and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

You agree that you will notify TugLink in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give TugLink a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against TugLink. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and TugLink agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Other Agreements

The Terms of Use shall be subject to any other agreements you have entered into with TugLink.

Integration and Severability

The Terms of Use are the entire agreement between you and TugLink with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TugLink with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of the Terms of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

General Provisions

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with TugLink's prior written consent. TugLink may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices

Unless otherwise indicated, all Content provided by TugLink is copyright © 2007 TugLink, Inc. All rights reserved.

TugLink, TUG and TugLink logo are either trademarks or registered trademarks of TugLink. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.

Contacting TugLink

If you have questions regarding the Terms of Use or the practices of TugLink, please contact us by e-mail at compliance@tuglink.com or by regular mail at the following address:

TugLink, Inc
PMB #6117

2711 Centerville Rd. Ste 120

Wilmington, DE 19808