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General Service Agreement Conditions of Use
1. Acknowledgment and acceptance of terms of use
HighTechSystem.net provides telecommunication services described in
greater detail on this web site (www.HighTechSystem.net) (the Service)
to you (the End User) subject to the following conditions. By accessing
this site and/or registering or using the Service, the End User
acknowledges receiving, reading and understanding this General Service
Agreement (the Agreement) and accepts the terms and conditions herein.
If you do not agree to these Conditions of Use, please do not use
our site or the Service. We reserve the right, at our discretion,
to update or revise these Conditions of Use. Each time you log in
or otherwise access this site or use the Service following the posting
of any changes to the Conditions of Use, you hereby accept these
changes regardless of whether you have checked or visited the Conditions
of Use portion of the site. These Conditions of Use govern the use
of our site by viewers and other users.
2. Conduct
You are solely responsible for your actions and the content of
your transmissions through or in connection with the Service, it
being understood that each employee acts on behalf of any company
with which such employee is associated in all actions and submissions
on or in connection with the Service. You agree:
(a) to abide by all applicable local, state, national, and international
laws and regulations in your use of the Service;
(b) not to use the Service for illegal purposes;
(c) not to use or attempt to use another person's or entity's account,
telephone number, service, system or other Confidential Access Information
without authorization from the owner;
(d) to comply with all laws regarding the transmission of voice
or technical data (including all export laws, regulations, and restrictions);
(e) not to stalk, threaten, or harass anyone through, in connection
with, or utilizing any data collected through the Service;
(f) that we neither endorse the content of any of your communications
nor assume any responsibility for any threatening, libelous, obscene,
harassing or offensive material contained in such materials, or
any crime facilitated by use of the Service;
(g) not to interfere or disrupt networks connected to the Service
or otherwise attempt to interfere with the proper function of the
Service; and
(h) not to attempt to obtain unauthorized access to the Service.
HighTechSystem.net may, in its sole discretion, immediately terminate
your access to the Service and/or this site should your conduct
fail to conform to any provision of this Agreement.
3. Terms of use for Basic Membership aka free account
For HighTechSystem.net Basic Membership user or otherwise known as free
account owner, the Service is provided to you for your personal,
residential, non-business and non-professional use. This means that
you are not to use it for any commercial or governmental activities,
profit-making or non-profit, including but not limited to home office,
business, sales or any other activity that would be inconsistent
with normal personal usage patterns. This also means that you are
not to resell, package with equipment or transfer the Service to
any other person for any purpose, or make any charge for the use
of the Service, without express written permission from HighTechSystem.net.
HighTechSystem.net reserves the right to immediately terminate or modify
the Service, if HighTechSystem.net determines, in its sole discretion,
that Customer's Service is being used for non-personal or business
use.
4. Terms of use for Individual Service
For HighTechSystem.net Individual service user, the Service is provided
to you as an individual user, for your personal, residential, non-business
and non-professional use. This means that you are not to use it
for any commercial or governmental activities, profit-making or
non-profit, including but not limited to home office, business,
sales, tele-commuting, telemarketing (including without limitation
charitable or political solicitation or polling), autodialing, continuous
or extensive call forwarding, fax broadcast, fax blasting or any
other activity that would be inconsistent with normal individual
usage patterns. This also means that you are not to resell or transfer
the Service to any other person for any purpose, or make any charge
for the use of the Service, without express written permission from
HighTechSystem.net. You agree that your use of the Service provided to
you by any other person for any business or governmental purpose
will obligate you to pay HighTechSystem.net's higher rates for business
service on account of all periods, including past periods, in which
you use, or used, the Service for business or governmental purposes.
HighTechSystem.net reserves the right to immediately terminate or modify
the Service, if HighTechSystem.net determines, in its sole discretion,
that Customer's Service is being used for non-individual or business
use.
5. Terms of use for Business Service - Resale, even for
free is prohibited
For HighTechSystem.net Business service user, the Service is provided
to you as a business user. This means that you are not to resell
or transfer the service to any other person for any purpose, without
express written permission from HighTechSystem.net. You agree that the
HighTechSystem.net Business Plans do not confer the right to use the
service for auto-dialing, continuous or extensive call forwarding,
call centers (incoming or outgoing), telemarketing (including without
limitation charitable or political solicitation or polling), fax
broadcasting or fax blasting. HighTechSystem.net reserves the right to
immediately terminate or modify the Service, if HighTechSystem.net determines,
in its sole discretion, that Customer's Service is being used for
any of the activities mentioned above.
6. Termination/Upgrade/Downgrade of Monthly Calling Plans
For HighTechSystem.net Individual and Business monthly plan users the
service is provided on a monthly basis and is paid in advance for
each month. The monthly plan activation date is deemed the anniversary
date. The monthly plan will renew each month on the anniversary
date unless terminated by the customer. Notice of termination must
be in writing and emailed to ar@HighTechSystem.net two days prior
to the anniversary date. Monthly plan fees will not be prorated
and/or refunded for the termination month. Notice of termination
received after the required notice date will be effective for the
next anniversary date. A setup fee will be charged to reactivate
plans that were previously terminated. Requests to upgrade or downgrade
a monthly calling plan to a different calling plan must be submitted
in writing and emailed to ar@HighTechSystem.net . Request to change
an existing plan must be submitted at least five days prior to the
monthly anniversary date. Requests to upgrade or downgrade a monthly
plan are not automatic and are subject to approval by HighTechSystem.net,
LLC. Existing monthly plan customers that receive approval from
HighTechSystem.net, LLC to change to a more expensive (upgrade) monthly
plan may do so without having to pay another setup fee. Existing
monthly plan customers that receive approval from HighTechSystem.net,
LLC to change to a less expensive (downgrade) monthly plan may do
so and will be required to pay another setup fee.
7. Prohibited Uses
Any End User's use of the Service or any other action that causes
a disruption in the network integrity of HighTechSystem.net or its vendors,
whether directly or indirectly, is strictly prohibited and could
result in termination of the Service and/or payment for damages
relating to such conduct. The End User understands that neither
HighTechSystem.net nor its vendors are responsible for the content of
the transmissions that may pass through the Internet and/or the
Service. The End User agrees that it will NOT use the Service in
ways that violate laws, infringe the rights of others, or interfere
with the users, services, or equipment of the network. The End User
agrees and represents that it is using the Service for its own internal
use only, and shall not resell the Service thereof. The Service
is for the personal, residential and reasonable business use of
the End User only. Such use shall not include certain activities,
including but not limited to any autodialing, continuous or extensive
call forwarding, continuous connectivity, fax broadcast, fax blasting,
telemarketing or any other activity that would be inconsistent with
personal, residential and reasonable business use patterns.
8. Changes to the Agreement and Service
HighTechSystem.net may change the terms and conditions of this Agreement
from time to time and at its discretion without prior notice. HighTechSystem.net
reserves the right to change, suspend or cancel the Service, temporarily
or permanently, with or without notice to the End User. HighTechSystem.net
will not be liable to the End User or any third party in the event
that HighTechSystem.net exercises its right to modify or discontinue
the Service.
9. Telephone Numbers
Any telephone number provided by HighTechSystem.net (the Number) to
the End User shall be leased and not sold to the End User. The End
User shall not obtain any rights, title or interest in the Number.
The Number is not portable to other service providers. The End User
is not to use the Number with any other device other than the approved
equipment (the Equipment) without the express written permission
of HighTechSystem.net. HighTechSystem.net reserves the right to change, cancel
or move the Number at its discretion. Upon expiration, cancellation
or termination of the Service, the End User shall relinquish and
discontinue use of any phone numbers, voice mail access numbers
and/or web portals assigned to the End User by HighTechSystem.net.
10. Fees
HighTechSystem.net does not currently charge any fees to use The Basic
Service. HighTechSystem.net reserves the right to change this policy
at its sole discretion without prior notice. The End User is responsible
for procuring and paying the costs for any software, hardware, or
internet/broadband connection charges necessary to access and use
the Service.
11. Payment
All paid services new or recurring are prepaid.
Your initial use of the Service authorizes HighTechSystem.net to charge
the credit card account number on file with HighTechSystem.net, including
any changed information given HighTechSystem.net if the card expires
or is replaced, or if you substitute a different card, for HighTechSystem.net
recurring charges. This authorization will remain valid until 30
days after receives your written notice terminating HighTechSystem.net's
authority to charge your credit card.
12. Late/Non-payment
HighTechSystem.net may terminate your Service at any time in its sole
discretion, if any charge to your credit card on file with HighTechSystem.net
is declined or reversed, your credit card expires and you have not
provided HighTechSystem.net with a valid replacement credit card or in
case of any other non-payment of account charges.
13. Billing
The service user must provision HighTechSystem.net with a valid credit
card number (Visa, MasterCard, Discover, American Express or any
other issuer then-accepted by HighTechSystem.net) when the Service is
activated. HighTechSystem.net reserves the right to stop accepting credit
cards from one or more issuers. If the card expires, you close your
account, your billing address changes, or the card is cancelled
and replaced owing to loss or theft, you must advise HighTechSystem.net
immediately. Such billing charges will include monthly service fees,
applicable taxes and any other applicable charges. Monthly service
fees are charged in advance to your credit card, including but not
limited to: monthly recurring charges. There are also alternative
methods of payment outlined on our website.
14. Taxes
You are responsible for, and shall pay, any applicable federal,
state, provincial, municipal, local or other governmental sales,
use, excise, value-added, personal property, public utility or other
taxes, fees or charges now in force or enacted in the future, that
arise from or as a result of your subscription or use or payment
for the Service or a Device. Such amounts are in addition to payment
for the Service or Devices and will be billed to your credit card
as set forth in this Agreement.
15. Technical Support
HighTechSystem.net provides the End User with technical support at its
sole discretion and as limited to the Service and the Equipment
provided hereunder. Technical support is rendered from HighTechSystem.net's
premise, as available, via email. Support for other applications
and uses is not provided or implied.
16. Termination
HighTechSystem.net reserves the right to, in its sole discretion, suspend
or discontinue your access to all or part of this site or the Service,
with or without notice. HighTechSystem.net will not be liable to you
or any third party for termination of the Service.
17. Indemnification
The End User agrees to defend, indemnify and hold harmless HighTechSystem.net,
its directors, officers, shareholders, affiliates, agents, successors,
assigns and vendors, from any claims or damages relating to this
Agreement or a breach or violation of this Agreement, including
reasonable attorneys' fees.
18. Critical Components:
EMERGENCY SERVICES- 911 AND E911 DIALING NOT POSSIBLE AT THIS
TIME.
HighTechSystem.net DOES NOT OFFER OR SUPPORT 911 OR ANY OTHER EMERGENCY
FUNCTIONS.
You acknowledge and understand that the Service does NOT support
911 or E911 access to emergency services.
You agree to inform any household residents, guests and other third
persons who may be present at the physical location where you utilize
the Service of the non-availability of traditional 911 or E911 dialing
from your HighTechSystem.net Service and Device(s).
WE STRONGLY RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF ACCESSING
EMERGENCY SERVICES. HighTechSystem.net does not fully substitute your
regular telephone setup. The HighTechSystem.net service enhances your
communication capabilities but it does not replace traditional phone
services.
Neither HighTechSystem.net nor its officers or employees may be held
liable for any claim, damage, or loss related to 911 or any other
emergency functions. Therefore, you hereby waive any and all such
claims or causes of action, arising from or relating to 911. You
agree to indemnify and hold harmless HighTechSystem.net from any claim
or action arising out of 911 emergency services access.
19. Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by applicable law, HighTechSystem.net
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for
a particular purpose and non-infringement. HighTechSystem.net does not
warrant that this site, its servers, the Service or e-mail sent
from HighTechSystem.net are free of viruses or other harmful components.
HighTechSystem.net will not be liable for any damages of any kind arising
from the use of or inability to use this site, including, but not
limited to direct, indirect, incidental, punitive, special, exemplary
and consequential damages. This limitation applies whether the alleged
liability is based on contract, tort, negligence, strict liability,
or any other basis, even if HighTechSystem.net has been advised of the
possibility of such damage. HighTechSystem.net makes no representations
or warranties of any kind express or implied, as to the operation
of this site and/or the Service or the information, content, materials,
or products included on this site. HighTechSystem.net makes no warranty
that:
(i) this site or the Service will meet your requirements,
(ii) this site or Service will be uninterrupted, timely, secure,
or error-free,
(iii) the results that may be obtained from the use of this site
or Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other
material purchased or obtained by you through this site or Service
will meet your expectations, and
(v) any errors in this site or the Service will be corrected.
HighTechSystem.net will not be liable for any direct, indirect, consequential,
incidental or special damages, whether foreseeable or not, which
may result from use or access to this site and/or the Service. You
understand and agree that the use of this site and/or the Service
is at your sole risk and discretion and is on an "as is"
and "as available" basis. You also understand and agree
that you will be solely responsible for any damage resulting from
your use of this site or the Service, including damage to your computer
system or loss of data that results from material or data that is
downloaded from this site.
HighTechSystem.net is not responsible for the content on the Internet
or the World Wide Web not otherwise located on this site. As a convenience
to our End Users, HighTechSystem.net may provide links to resources that
are beyond its control. HighTechSystem.net makes no representations as
to the quality, suitability, functionality or legality of any sites
to which we may provide links, and the End User hereby waives any
claim he or she might have against HighTechSystem.net with respect to
such sites.
20. No Consequential Damages
In no event shall HighTechSystem.net, its officers, directors, employees,
affiliates, agents, successors, assigns or any other service provider
who furnishes services to the End User in connection with this Agreement
or the Service be liable for any incidental, indirect, special,
punitive, exemplary or consequential damages, or for any other damages,
including but not limited to loss of data, loss of revenue or profits,
or arising out of or in connection with the use or inability to
use the Service, including inability to be able to dial 911 or to
access emergency service personnel through the Service. The limitations
set forth herein apply to claims founded in breach of contract,
breach of warranty, products liability, tort and any and all other
theories of liability and apply whether or not HighTechSystem.net was
informed of the likelihood of any particular type of damages.
21. Remedies for Breach of these Terms by You
In the event that HighTechSystem.net determines, at its sole discretion,
that you have breached any portion of these Conditions of Use, or
have otherwise demonstrated conduct inappropriate for our site,
HighTechSystem.net reserves the right to (i) warn you via email that
you have violated these Conditions of Use; (ii) delete any or all
content provided by you or your agent(s) to this site, (iii) discontinue
your access to the Service or site; (iv) notify and/or send content
to and/or fully cooperate with the proper law enforcement authorities
for further action; and/or (v) any other action which HighTechSystem.net
deems to be appropriate.
22.. Copyrights and Trademarks
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of HighTechSystem.net or its content suppliers
(the Intellectual Property). You may not post to this site, use
the Service and/or copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer, any material subject
to any Intellectual Property. You have the burden of determining
whether any information, software, images or any other content on
this site is not protected by any Intellectual Property.
23. Registration Information/Privacy Policy
When you register as a member of HighTechSystem.net, you will be required
to provide us with your End User I.D., and password other confidential
access information (Confidential Access Information).
Except as provided herein, HighTechSystem.net will not sell to any third
party your name, address, email address and End User I.D., unless
you provide your informed consent, except to the extent necessary
to comply with applicable laws, police investigations or in legal
proceedings where such information is relevant. HighTechSystem.net grants
to third parties providing technical services to us access to our
database only to the extent necessary to provide such technical
services. In those instances, such third parties are bound by these
Terms and Conditions. Your informed consent shall be in the form
of an "opt in" or similar policy. In addition, HighTechSystem.net
may assign, sell, license, or otherwise transfer to a third party
its entire database, including your name, address, email address,
and End User I.D., in connection with an assignment, sale, joint
venture, or other transfer or disposition of all or a significant
portion of the assets or stock of HighTechSystem.net.
You are responsible for maintaining the confidentiality of your
Confidential Access Information. You shall be responsible for all
uses of your Confidential Access Information, whether or not authorized
by you. You agree to immediately notify HighTechSystem.net of any unauthorized
use of your Confidential Access Information.
24. Miscellaneous
In the event that any provision of this Agreement conflicts with
the law under which this Agreement is to be construed or if any
such provisions are held invalid by a court with jurisdiction over
the parties to this Agreement, such provision will be deemed to
be restated to reflect as nearly as possible the original intentions
of the parties in accordance with applicable law, and the remainder
of this Agreement will remain in full force and effect.
The failure of any party to insist upon or enforce strict performance
by the other party of any provision of this Agreement or to exercise
any right under this Agreement will not be construed as a waiver
or relinquishment to any extent of such party's right to assert
or rely upon any such provision or right in that or any other instance,
rather, the same will be and remain in full force and effect.
HighTechSystem.net may assign its rights and obligations under this
Agreement, and upon such assignment HighTechSystem.net may be relieved
of any further obligation hereunder. This Agreement, and any modifications
of this Agreement by HighTechSystem.net as provided above, constitute
the entire understanding between the parties as to subject matter
hereof, and supersede all prior agreements and understandings. Any
legally unenforceable provision of this Agreement will, at the election
of HighTechSystem.net, be deleted or modified to correct the defect and,
regardless, the remainder of the terms of this Agreement will remain
valid and enforceable.
25. Consent to Receive Electronic Documents
By accessing this site and using the Service, you are agreeing
to receive electronic documents, billing reports, statements and
records (electronic records) in lieu of paper documents, statements
and records from us. Your electronic records may be emailed to you
to the email account that you provide to us, accessed through this
site using your Confidential Access Information or otherwise electronically
provided to you. By accessing this site and using the Service, you
are also agreeing to the use of electronic signatures in lieu of
(and in addition to) wet-ink, physical signatures. You may request
a paper copy of any electronic record that we send you by sending
an email request to irecords@HighTechSystem.net
or by sending a written request to HighTechSystem.net's accounts mailing
department. You can withdraw your consent to receive electronic
records from us by sending an email message to irecords@HighTechSystem.net
or by sending a written letter to HighTechSystem.net.. This consent applies
to all electronic records that we may send you. Your withdrawal
of this consent will not affect the legal effectiveness, validity
or enforceability of any electronic record that we provide to you
prior to the withdrawal of such consent. If you change your email
address to receive electronic records, you must notify us of your
new email address by sending an email message to irecords@HighTechSystem.net
or by sending a written letter.
26. Acknowledgment
You represent to HighTechSystem.net that you have the authority and
capacity to understand and agree to these Conditions of Use. You
acknowledge (a) that you have read and understood these Conditions
of Use; and (b) that these Conditions of Use have the same force
and effect as a signed agreement.
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