The following are the terms and conditions for use of this Tuglet.com ("Tuglet") service (the "Service"). Please read them carefully. This Service is available in both a FREE ("TugletBASIC") and a premium pay ("TugletPRO") version. Terms and conditions apply to all versions of this Service unless where otherwise noted in this agreement. BY CLICKING THE "REGISTER" BUTTON AND COMPLETING THE REGISTRATION PROCESS , YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A TUGLET ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TUGLET TERMS OF SERVICE ("TOS").

1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open a Tuglet account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify Tuglet immediately of any unauthorized use of your account or any other breach of security.

2. MEMBER PRIVACY

You agree that Tuglet may access your account, including its contents, as stated in the Tuglet Privacy Statement or to respond to service or technical issues.

3. OUTBOUND MESSAGES AND OTHER LIMITATIONS

Some messages may not be processed due to space constraints or outbound message limitations. You agree that Tuglet is not responsible or liable for the deletion or delivery of email messages.

4. MEMBER CONDUCT

Member agrees to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

1. use the Service in connection with chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
2. harvest or otherwise collect information about others, including email addresses, without their consent;
3. create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
4. transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
5. transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
6. transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
7. violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
8. interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
9. 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; or
10. interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

5. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Tuglet be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Tuglet is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of Tuglet terms and conditions, your sole and exclusive remedy is to discontinue using Tuglet.

LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTION 5 MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, Tuglet LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE.

6. INDEMNIFICATION

You agree to indemnify and hold Tuglet, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

7. TERMINATION

Tuglet may terminate the TugletBASIC Service with or without cause at any time and effective immediately. In addition, Tuglet, in its sole discretion, may terminate your account for violation of the letter or spirit of the TOS.

If you wish to terminate your account, your only recourse is to discontinue use of the account. In addition, Tuglet may terminate your TugletBASIC account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by Tuglet. The amount of time that Tuglet currently views as an "extended" period of time is a first log-on 15 days or later after registration and after an initial log-on, 120 days since your last log-on. Upon termination of the Service, your right to use the Service immediately ceases. Tuglet shall have no obligation to maintain any content in your account. TugletPro accounts shall not be terminated for inactivity.

8. NO SPAM; DAMAGES

Tuglet will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay Tuglet liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Tuglet account, or Tuglet actual damages, whichever is greater.

9. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

Tuglet reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms Of Service on the Tuglet site.

10. LAWS

The TOS shall be governed by and construed in accordance with the laws of the state of Utah and the United States of America, excluding their conflict of law provisions.

You and Tuglet agree to submit to the exclusive jurisdiction of the courts located in the county of Utah in the state of Utah. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Tuglet failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tuglet in writing.

You and Tuglet agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

11. PRICING FOR TUGLETPRO

The TugletPRO Service is subject to a subscription fee. The amount of this fee is determined by the length of the subscription as indicated at time of registration. The subscription fees are subject to change without notice. Payment for TugletPRO will take place at the time of registration and will be made by valid credit card. This transaction is encrypted and is protected with SSL (see Tuglet Privacy Statement). Tuglet bills the credit card only at time of registration.

12. LANGUAGE