High-Tech Productions Terms of Service Agreement

Effective January 1, 2001

1. Agreement. This is an agreement between you and High-Tech Productions regarding interactive information, communication, and transaction service through the Internet, bulletin boards, private networks and other communications services. This agreement governs the terms and conditions under which High-Tech Productions makes the service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND HIGH-TECH PRODUCTIONS ACCEPTABLE USE POLICY.

2. Amendment. High-Tech Productions may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in Section 19 below. However, if you do not terminate your registration, or continue to use the High-Tech Productions Service, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.

3. Use of the Service. Under the terms of this agreement, you may have certain other rights that are governed by each state and local municipality.

4. Disclaimer. The High-Tech Productions Service is provided on an AS IS, AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HIGH-TECH PRODUCTIONS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THIS SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HIGH-TECH PRODUCTIONS, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.

5. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by High-Tech Productions, neither High-Tech Productions nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the High-Tech Productions Service in any way and that, except for such High-Tech Productions identified information, services or products, all merchandise, information and services offered or made available or accessible through the High-Tech Productions Service are offered or made available or accessible by third parties who are not affiliated with High-Tech Productions or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE HIGH-TECH PRODUCTIONS SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY HIGH-TECH PRODUCTIONS AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.

6. Commerce on the Web. Through your use of the Service, you may have opportunities to order and purchase merchandise or services from other subscribers. You acknowledge that all transactions relating to any merchandise or services offered by any party other than High-Tech Productions ("Seller"), including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between Seller and you. High-Tech Productions and its Affiliates make no warranties or representations whatsoever with regard to any goods or services provided by any third party.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HIGH-TECH PRODUCTIONS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SERVICE, including but not limited to reliance on any information obtained on the High-Tech Productions Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to High-Tech Productions records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT HIGH-TECH PRODUCTIONS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM HIGH-TECH PRODUCTIONS OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.

8. Charges. You are responsible for all charges (for example, telephone, dial-up or ADSL or ISDN charges) associated with connecting to your site through an available access number. You are responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the High-Tech Productions Service. You are responsible for determining whether the access number you use to connect to the High-Tech Productions Service will obligate you to pay telephone use charges to your telephone company, (whether or not that number is provided by High-Tech Productions or is obtained through a software utility provided by a third party. High-Tech Productions encourages you to contact your local telephone company to confirm that the call you are making is not a toll-charge. You are responsible for all activities and charges resulting from use of your principal account on the High-Tech Productions Service. You agree to pay High-Tech Productions the then-current monthly charges for the this service. You may find information regarding current rates for using this service by calling (561) 750-7000. The Acceptable Use Policy may contain additional charges for particular services. If High-Tech Productions does not receive the full amount of Customer's High-Tech Productions Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. Accounts past 60 days due will be terminated. If your account is terminated, a re-connection charge of $25.00 will be applied. High-Tech Productions reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time without prior notice. High-Tech Productions may reduce any fees at any time without notice.

9. Personal Information. You hereby certify to High-Tech Productions that you are not a minor. [A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian]. For purposes of identification, billing and marketing, you must provide High-Tech Productions with accurate, complete, and updated information required by the registration to the High-Tech Productions Service, including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify High-Tech Productions within 30 days of any changes in your Registration Data. High-Tech Productions may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.

10. Accounts. This agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A High-Tech Productions Service account may not be transferred without prior written approval from High-Tech Productions

11. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE HIGH-TECH PRODUCTIONS SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. HIGH-TECH PRODUCTIONS AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

12. Dial-Up Access. You hereby acknowledge that High-Tech Productions reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.

13. Renewal and Termination. This agreement will become effective on the date High-Tech Productions receives your first payment, and will remain in effect until terminated by either party pursuant to this agreement. This agreement will renew annually on the execution date without notice, unless you request termination in writing 30 days prior to the execution date. You may terminate the agreement and your subscription at any time for any reason or no reason. Web Hosting fees are not refundable upon termination. High-Tech Productions may immediately restrict, suspend or terminate without notice, your access to and use of the service upon any breach of this agreement, include the then-current Acceptable Use Policy. High-Tech Productions may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with High-Tech Productions for one year from the date of termination. Upon and after termination, High-Tech Productions will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of High-Tech Productions in operating this service, any change in the content of this service, or any change in the amount or type of fees charged in connection with this service, is to terminate this agreement by delivering notice to High-Tech Productions, effective the day High-Tech Productions receives notification of termination.

14. Web Addresses and Domain Name. If High-Tech Productions assigns you a web address and/or a Domain Name for your use of this service, the right to use that Internet address will belong only to High-Tech Productions and or/ InterNIC Inc. and you will have no right to use that Internet address except as allowed by High-Tech Productions and/or InterNIC, inc. in its sole discretion in connection with the plan you have selected, during the term of this agreement.

15. Electronic Mail. High-Tech Productions may, but is not obligated to, block any incoming or outgoing e-mail message that High-Tech Productions determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. High-Tech Productions shall not be responsible for lost, misdirected or undeliverable e-mail.

16. Indemnity. Upon request of High-Tech Productions, you shall defend, indemnify and hold harmless High-Tech Productions, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the High-Tech Productions Service, including without limitation any violation by you of High-Tech Productions Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.

17. Entire Agreement. This agreement constitutes the entire agreement between you and High-Tech Productions with respect to this service and supersedes all prior agreements between you and High-Tech Productions. High-Tech Productions failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

18. Assignment and Resale. You may not resell this service to any other party. You may not assign this agreement or any of its rights or obligations without the prior written consent of High-Tech Productions, and any such attempted assignment will be void. Subject to the above, this agreement will be binding upon the parties' respective successors and permitted assigns.

19. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to High-Tech Productions, P.O. Box 3506, Boca Raton, FL 33427 Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed email.

20. Force Majeure. High-Tech Productions will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.

21. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of Florida (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Palm Beach County, Florida for any action arising out of or relating to your use of this service. The federal and state courts of Palm Beach County, Florida will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.

 

I accept the above terms of service______________________________________________ Date: _____/_____/_____

 

Please Print Name________________________________________       Phone # _____________________________________

 

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