Highland Technologies Corporation and PurpleDart.com (a Divison of Highland Technologies) ("Highland") is pleased to provide you with Internet access service and our web site(s) ("service"). To help you get the most out of the service, we encourage you to read this Internet Access Agreement. This is the agreement that describes our obligations to you, and your obligations to us. Don't register for or use the service if you don't want to use the service under these terms.
After you begin using the service, you will always find the Internet Access Agreement at http://www.purpledart.com/accessagreement.asp. The Internet is a dynamic environment and we sometimes find it necessary to change this agreement to keep up to date. We will notify you of any changes to this agreement by posting the current version at this location.
Highland agrees to:
- Provide you with quality services as described in this agreement
- Provide Help When You Need It as described in this agreement
You agree to:
Billing Terms
Choose a Plan. Your first step is to choose an access plan. Highland has designed several plans to meet your needs. Generally, you will choose a monthly plan, giving you the flexibility to cancel your subscription at the end of your monthly billing cycle, or a yearly plan, giving you a fixed basic rate during the plan period. When choosing a plan, you should consider:
- When you register an account, you must select a phone number to access the service. If the numbers we provide are out of your dialing area, you will need to determine whether you will be charged any fees by your local, or long distance telephone company for the phone number you select. Fees charged by your local or long distance telephone company are not included in the fees charged by Highland. Highland is not responsible for any toll charges you might incur when dialing into the service.
- You may change the phone number you dial to access the service at your own discretion. This allows you to use a local phone number when you travel. Changing your phone number does not change your access plan.
- Telephone Technical Support hours are 9:00 A.M. to 4:30 p.m. Monday through Friday Mountain Standard Time. Highland is closed on major holidays.
- Highland
will automatically renew your access plan at the end of your original plan unless you give us other instructions. That way, you'll continue to get service without interruption. Your account will continue to renew itself and charges will continue to accrue until you notify us that you would like to cancel your account. As a courtesy, Highland will attempt to send you an email 5 days before your account renews. It is your responsibility to cancel your account, Highland is not responsible if you do not check your email or receive the email. You will be responsible for all outstanding charges and fees on your account even after you cancel your service. Cancellation of your service does not waive your outstanding account balance with Highland.
Prices: Prices for the various access plans are provided to you when you register and you will always find current prices at www.purpledart.com. Generally, prices consist of a basic rate for the plan period (a monthly or annual period described in the plan). You also are responsible for any applicable taxes. Highland occasionally changes prices, but we will notify by email at least 15 days before the end of your billing cycle if we are raising the rate you pay.
Billing Cycles: Your subscription is prorated for the month you register. Highland operates on a monthly billing cycle beginning on the 1st of each month. For example, if you sign up for a monthly plan on the 5th of the month, you will be immediately charged for the remainder of your first month of service (prorated). Thereafter your credit card will be charged with the basic rate on the 1st of the following months.
Method of Payment: Highland will charge all fees for the services you have chosen to your credit or debit card. You need to provide Highland with a valid credit or debit card when you register and until you terminate your account. Just contact us if you need to change your method of payment. If you fail to maintain a valid credit or debit card with us, we will charge you a $5 fee to help us defray the costs of processing an invalid charge. Highland will only establish monthly accounts for those using a valid credit card.
Collection Fees: If a balance due on your account exceeds 10 days past due, Highland may refer your account to a collection agency or an attorney for collection. A FINANCE CHARGE of 1 1/2% per month (annual percentage rate 18%) of the unpaid balance will be added monthly. Should collection become necessary by legal suit or other means, the customer agrees to pay all costs of collection including attorney fees, court costs, filing fees, including charges and collection agency fee which would be $100 or 1/2 of the balance assigned, which ever is less, with or without suit.
Refund Policy: Absolutely no refunds are issued under any circumstances. It is your responsibility to cancel your service before automatic renewal. All payments received are considered final and nonrefundable.
Additional Fees: Highland reserves the right to charge (and collect) for any additional expenses incurred with regards to your account. Listed below are the rates for these services:
Returned Check Fee: $25.00
Declined Credit Card Fee: $5.00
Late Payment Fee: $5.00
Reconnection Fee (reactivate suspended account): $10.00
Changing user login name: $2.00
Terminating Your Account: You will terminate your account during normal business hours by contacting Highland at (801) 563-1400 or by sending an email at anytime to support@purpledart.com. If you cancel by email you may be contacted to confirm your cancellation at Highland's discretion.
If your account is suspended, regular charges continue to accrue until you cancel your account. Highland may, at its sole discretion, charge you a fee of $10.00 to reinstate a suspended account.
Help When You Need It
Highland provides technical support to help you access the service and resolve questions about your account through a variety of methods. Information about how to contact us is located at http://www.purpledart.com/contact.asp
Technical support via telephone is provided Monday through Friday between the hours of 9:00 A.M. and 4:30 P.M., Mountain Standard Time. Technical support can also be reached during these hours by sending an email to support@purpledart.com.
If you experience technical problems, please remember that your access to the service depends on your PC and modem, telephone lines and their capacity and utilization, the servers, switches and routers that make up the Internet and any number of other factors. Highland does not control most of these factors and we will not guarantee that the service will be error-free or uninterrupted or that we'll be able to solve every problem you may experience. Highland does not provide technical support for any products other than those distributed and/or maintained by Highland.
- We also realize that, despite our best efforts, there may be occasions when you are not satisfied with our efforts to serve you. If a dispute arises, we want to resolve it quickly and fairly through mandatory, binding arbitration. Accordingly, you agree that any dispute, controversy, or claim arising out of or relating to the use of the service, or this agreement, its interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) under its rules (www.adr.org). You may file for arbitration at any AAA location in the United States upon the payment of $100 of any applicable filing fee. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and Highland. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorneys' fees and, each party irrevocably waives any right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.
Service Conditions
You must be at least 18 years old to subscribe to the service. You are responsible for your account and its use. Minors who access this service are assumed to have parental or guardian consent before accessing this service. If you give someone else access to your account, you are responsible for the other person's use of it. Only one person at a time may access your account.
Your account is not intended to be connected all of the time. Highland will disconnect your connection automatically after 20 minutes of inactivity.
Definition of "Unlimited Access".
"Unlimited Access" is an industry term, not literal. At Highland we make a distinction between "Unlimited" and "Dedicated" access to the Internet. Our accounts are flat rate for normal and reasonable usage. Highland defines normal and reasonable use as "active use" rather than idle. Active use consists of browsing, downloading, retrieving or composing e-mail, using newsgroups, etc. Extended interval sessions (8 hours +) that are either idle, or running only automated functions such as e-mail checks, pings, etc. will be terminated. Finally, users are not allowed to run servers over their dial up account.
Unlimited access means that Customer is allowed to dial the service at any time and actively use the account when needed. "Unlimited Access" does NOT include using an automatic re-dialer to remain connected to the account permanently, nor employing any software to indefinitely maintain a connection, nor permanent or near-permanent connections. Also, "Unlimited Access" does not include simultaneous modem connections to Highland's servers. If you use any means to keep a connection open while not actively using the service, or have multiple modem connections under the same account, it is a violation of this Agreement.
Highland enforces these limits to ensure that all of our customers have equal access to the services they are paying for. If you are found abusing this policy your account may be terminated and you may be billed at dedicated access rates.
Highland will provide you with a user name, email address and other means of identification to use with the service, but we will change them if we need to. Highland reserves the right to monitor your email, newsgroup and other activity to maintain the performance and sanctity of the service for all users. Highland may suspend or cancel your email account if you use it inappropriately or allow it to exceed its size limit (10 Megabytes). Your email may be lost for any number of reasons, such as server failures or disruption of service. You also need to remember that there is no guarantee of privacy on the Internet. Your email and usage may be intercepted and viewed by others. Highland will not guarantee the confidentiality or security of your data or damage to your data that may arise from using the service.
The Internet is a wonderful resource packed with useful information, but there are several other things you should understand about the Internet.
- Internet sites and use of the Internet might expose you or others who use your account to material that is unsuitable for children and objectionable to adults.
- Highland provides the service as your means to access the Internet. We are not responsible for the material that you choose to access through the service. There is no guarantee that the material you access is truthful, reliable or accurate.
IN OTHER WORDS, HIGHLAND IS PROVIDING THE SERVICES TO YOU "AS-IS", WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE IMPLIED WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR LIMITATION UNDER THE LAW APPLICABLE TO THIS AGREEMENT. NEITHER HIGHLAND NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT IT WILL NOT IN ANY WAY HOLD HIGHLAND RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
This agreement is governed by the laws of the State of Utah, without giving effect to conflicts of law rules.
Acceptable Use Policy
In addition to the foregoing limitations, you agree and acknowledge that you may not use the service to engage in any illegal activities or in activities that are otherwise unacceptable under the Acceptable Use Policy set forth in this section.
YOU MAY NOT USE THE SERVICES FOR ILLEGAL PURPOSES OR IN SUPPORT OF ILLEGAL ACTIVITIES. HIGHLAND RESERVES THE RIGHT, AT ITS OPTION AND IN ITS REASONABLE GOOD-FAITH DISCRETION, TO PROVIDE INFORMATION ABOUT YOU OR YOUR ACCOUNT WHEN REQUIRED TO DO SO IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF CRIMINAL OR CIVIL MATTERS.
Activities, which are prohibited as potentially illegal, include, but are not limited to:
- Unauthorized copying of copyrighted material including, but not limited to, digitization and/or distribution of the following works in any form: photographs from any copyrighted source (such as newspapers, magazines or books); musical works and recordings; movies and video; or copyrighted software.
- Exporting software or technical information in violation of U.S. or other applicable export control laws.
- Posting or emailing of "make-money-fast" schemes, "pyramid" or "chain" letters or other similar scams.
- Unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), any other form of unauthorized solicitation or any form of lottery or gambling.
- Threatening bodily harm or property damage to individuals or groups.
- Making fraudulent offers of products or services.
- Distributing viruses through use of the services.
- Otherwise trafficking in illegal content.
- Attempting to access the accounts of others, or attempting to penetrate the security measures of Highland or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
- Harassing others by "mail-bombing", or "news-bombing". "Mail-bombing" constitutes sending more than ten (10) similar mail messages to the same email address. "News bombing" constitutes sending more than 10Mb of data to a newsgroup.
Even though not necessarily prohibited by law, you may not use the service for or in support of inappropriate purposes, such as:
- Accessing, storing or transmitting pornographic content.
- Engaging in activities that are vulgar or profoundly offensive. Profoundly offensive activities include, but are not limited to, posting or transmitting of material in support of racial, religious or other unacceptable bigotry.
- Revealing your account password to others or allowing use of your account by others (other than authorized users in your household).
- Use of the same username and password combination for simultaneous login.
- Forging any message header, in part or whole, of any electronic transmission, originating or passing through the service.
- Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others.
- Employing electronic or mechanical means to avoid disconnection due to inactivity. Such means include, but are not limited to: electronic or mechanical means of pinging the mail server; electronic or software AutoDial features to maintain an active connection; and repetitive checks for email.
It is also unacceptable to engage in an illegal or unacceptable activity using the service of another provider but channeling such activities through a purpledart.com account or re-mailer, or using a purpledart.com account as a mail drop for responses.
HIGHLAND RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO REMOVE ANY INFORMATION, SOFTWARE OR OTHER CONTENT OR MATERIAL ACCESSED OR PROVIDED THROUGH USE OF THE service THAT IS (1) POTENTIALLY ILLEGAL, (2) COULD SUBJECT HIGHLAND TO LIABILITY, OR (3) OTHERWISE IN VIOLATION OF THIS ACCEPTABLE USE POLICY.
HIGHLAND HAS THE RIGHT TO ENFORCE THIS ACCEPTABLE USE POLICY BY REQUESTING YOU TO LOG OFF OF THE service; TEMPORARILY SUSPENDING YOUR ACCOUNT; OR PERMANENTLY CANCELING YOUR ACCOUNT AND TERMINATING YOUR ACCESS TO THE service.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
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