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| Terms & Conditions; Web site Agreement |
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| This agreement represents the complete agreement and understanding between Highland Technologies Corporation as well as PurpleDart.com (a Division of Highland Technologies Corporation), hereafter referred to as "Highland" and Customer and supersedes any other written or oral agreement. Upon notice published online via Highland's services, Highland may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. |
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1. ACCEPTABLE USES
This service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material that is defamatory, threatening, obscene or violates U.S. export control laws, or material protected by trade secret, trademark or other intellectual property right used without proper authorization. Absolutely no pornographic websites will be accepted. Highland may, at its sole discretion, immediately discontinue such service to Customer, without any liability other than for the refund of unearned prepaid service fees.
Customer shall ensure that its use of Highland's network services shall not disrupt Highland, its associated networks or equipment forming part of the systems. Customer shall not engage in mass distribution of unsolicited emails. Use of Highland's connection in a manner that is abusive, disruptive, damaging, unlawful, offensive, or intrusive as determined by Highland shall be considered a breach of this Policy and may result in cancellation of service. |
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2. DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY AND OBLIGATION
Highland makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. Highland also disclaims any warranty of merchantability or fitness for a particular purpose. Highland shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Highland. Customer agrees to indemnify and hold harmless Highland from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Customer.
The use of any data or information received by Customer or its customers from the utilization of the service to be provided by Highland is at Customer and its customer's sole and absolute risk. Highland specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. |
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3. PAYMENT AND TERMS
Customer shall pay the initial fees set forth in this web site, prior to the commencement of service. Thereafter, Customer's account shall be automatically renewed upon expiration and its credit card charged in advance for the particular amount of the service(s) on the day of expiration. In the event that Customer shall fail to pay for such services in advance, Highland shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions mentioned above shall survive any such termination. Upon payment of the charges due hereunder, Highland may, at its sole discretion, reinstate service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $50 reinstatement fee. |
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4. SERVICE CHANGES
Online changes made by Highland to any services shall not change the terms of the service(s) accepted by Customer, unless such changes do not adversely affect the services provided to Customer under the prior service(s). Changes in monthly service fees shall become effective at the end of the month for which Customer has prepaid. Utilization of the service by Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms. |
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5. AGREEMENT MODIFICATIONS
Highland reserves the right to make changes to the above terms and conditions of this agreement without notice. |
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