TrackMyBugs Terms of Service

6/13/08

Use of TrackMyBugs is subject to these Terms of Service ("TOS"). This is a legal agreement between the Customer and the Vendor (see below for Definitions). By using the Service, the Customer signifies their irrevocable acceptance of these TOS. If the Customer does not agree to the terms of this Agreement, do not select the "I Agree to Terms" checkbox and do not use the Service.

1. DEFINITIONS

1. Site = trackmybugs.com
   
2. Customer = Client, client's agent, or other authorized representative including but not limited to any authorized User, User registered with the Site, or any individual who agrees to the "I Agree to Terms" checkbox option on the Service signup page
   
3. Vendor = Iterate LLC, 2602 Dunwoody Dr., Madison, WI USA
   
4. Service = TrackMyBugs
   
5. Data Stream = communication between a Customer browser and the TrackMyBugs server(s), whether encrypted or not
   
6. User = Any individual including the Customer or authorized by the Customer to use the Service
   
7. Privacy Policy = Vendor's Privacy Policy located at this URL: http://www.trackmybugs.com/privacy

2. DESCRIPTION OF SERVICE

The Service consists of a web-based subscription service that allows management of data and communications among workgroup members relating to bug tracking, issue tracking, and feature requests for website or software development.

3. PRIVACY POLICY

By signing up for the Service, the Customer agrees to read, agree with and accept all of the terms and conditions of the Vendor's Privacy Policy.

4. MODIFICATIONS TO THE SERVICE AND PRICING

Vendor reserves the right to alter Service features, functionality, or pricing at any time. Vendor reserves the right to suspend or discontinue the Service or any part thereof at any time, with or without notice, without liability to you or any third party for any modification, price change, suspension or discontinuation of the Service.

5. BILLING AND COLLECTION

1. The Service is billed through PayPal. A valid PayPal account is required to access the Service.
   
2. Billings for the Service are done in 30-day intervals. When the User's billing period is over, the User will be billed automatically through Paypal.
   
3. Customer will pay Vendor standard fees and charges as published from time to time as set out on the Site.
   
4. Vendor is entitled to change its standard fees and charges for Service from time to time at will.
   
5. During the signup process, the first 30 days are free, and thereafter, the Customer must pay in advance for the Service according to the published pricing.
   
6. If the Customer declines to pay after signup is approved, Vendor reserves the right to immediately suspend or cancel the Service, without liability or obligation, including destroying all application data managed by the User.
   
7. If the Customer requests discontinuance of the Service, there will be no refund of any payments for any reason.
   
8. In the event legal action is necessary to collect on balances due, Customer agrees to reimburse Vendor for all expenses incurred to recover sums due, whether incurred prior to or after the commencement of legal action, including reasonable attorney fees, court costs, and any other legal expenses.

6. CUSTOMER'S RESPONSIBILITY

The Customer is responsible for initial signup, as well as adding and removing Users. It is the Customer's responsibility to enter and manage data maintained in the Service. No verification of the quality or accuracy of the data is performed by Vendor.

7. CANCELLATION, SUSPENSION OR CESSATION OF SERVICE

1. Vendor reserves the right at its sole discretion to refuse the Service to anyone at any time.
   
2. Vendor reserves the right to restrict the Customer access to parts or all of the Service without notice or liability.
   
3. Upon cancellation, suspension or cessation of Service by the Vendor, Vendor will, within seven (7) business days, destroy all online Customer data, except contact and billing information. In no event shall Vendor return any portion of payments made by Customer.

8. USE LIMITATION

The Service is intended for the use of the Customer and the Users authorized by the Customer. Any User added to the Service by the Customer will be bound by these Terms and Conditions. Customer may not attempt to modify, decompile, reverse engineer or otherwise attempt to gain access to any data, technology, or source code underlying the Service. By using the Service, the Customer represents and warrants that the Customer is authorized to form legally binding contracts and that the information the Customer provides is accurate, current and complete.

9. ACCESS

Access to and use of the Service is through a combination of a login ID and password. Customer may not access the Service using the login ID and password of any other party. Any attempt to guess login IDs, passwords, or other access information, or circumvent security systems in any manner will constitute unauthorized access. Unauthorized access to the Service, or to the data stream or computer facilities used to deliver the Service, is a material breach of this Agreement. Customer assumes all responsibility for any claim, demand or damage resulting from another party obtaining his login ID or password.

10. OWNERSHIP

Vendor retains all right, title and interest to the Site and the Service, including all intellectual property rights. All data entered by the Customer remains the property of the Customer, and will be kept confidential by Vendor for the Customer's exclusive use. Vendor agrees that the Customer will use the Service only for storage and retrieval of its proprietary information. Upon written request from the Customer or an authorized representative of the Customer, Vendor will provide Customer with an electronic copy of its data for an additional fee.

11. SECURITY

Customer agrees to protect the security of its login ID, password or other means of identification. If Vendor reasonably believes the Customer's login ID and password are being used or may be used by an unauthorized person(s), Vendor reserves the right to deny access to the Service in order to maintain or restore security to the Site and Service. When accessing the Service, the Customer is expected to use a browser capable of 128-bit encryption. Vendor shall take reasonable steps to create a secure environment in order to protect information concerning Customer data; however, Vendor cannot guarantee the inviolability of the Service from intrusion. These steps may include security audits, firewalls, secure server certificate, encryption of all or part of the databases or website code, monitoring logins and Site traffic, maintaining backup systems, and maintaining a secure physical server environment.

12. SECURITY BREACH

12a. OBLIGATION OF VENDOR

In the event of a suspected or actual security breach, Vendor reserves the right at its sole discretion to suspend or cancel the Service, and attempt to determine the origin of the breach. If notified of a suspected or actual security breach by the Customer, Vendor will immediately deny access to the Users, and will attempt to determine the origin of the breach. Vendor will notify the Customer of this suspected or actual security breach within 24 hours of discovery. In either event, Vendor is under no obligation to disclose the source of the suspected or actual security breach.

12b. OBLIGATION OF CUSTOMER

In the event of a suspected or actual security breach, Customer must immediately notify the Vendor by calling the Telephone Support number listed in the "Support Request" link on the Site so the Vendor may take the steps described above. If Customer becomes aware of a suspected or actual security breach and does not notify Vendor, Vendor is under no obligation to take such steps.

13. LIABILITY

The Service is designed to be as secure as reasonably possible given current Internet and encryption technology. However, by agreeing to these Terms of Service, Customer acknowledges that there are inherent risks and responsibilities associated with conducting business via the Internet. Vendor shall in no way be responsible for damages resulting from improper, inadequate, or unauthorized use of Customer's login ID, passwords or user identification.

VENDOR IS NOT LIABLE TO THE CUSTOMER FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES, DAMAGES INCLUDING LOSS OF PROFIT, LOSS OF BUSINESS OR OTHER LOSS WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

If in the event of any loss or damage caused to Customer, Vendor's total liability in connection with such claim will not exceed Customer's payment for the Services.

14. VENUE

This Agreement shall be governed by and construed under the laws of the State of Wisconsin, USA, as applied to agreements entered into and to be performed in Wisconsin by Wisconsin residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and servicing Dane County, Madison, Wisconsin, USA.

15. SEVERABILITY

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

APPENDIX A - OTHER LICENSING

Some application icons used in the Service are derivative works from http://www.famfamfam.com/lab/icons/silk/ by Mark James. This work is licensed under a Creative Commons Attribution 2.5 License http://creativecommons.org/licenses/by/2.5/.