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This User Agreement ("Agreement")
is an agreement between Horizon Technology Group, Inc. dba
HorizonTechnologyGroup.com (“Company”), and the party set forth
in the related Registration Form ("User" or "You"
and "Your") incorporated herein by reference (together with
any subsequent Registration Forms or other online signup, acceptance
or order form submitted by User, the "Registration Form"),
and applies to the purchase of all services ordered by User on the
Registration Form (collectively, the "Services"). As used
herein the term "User" and "You" shall also
include any and all users, Customers, subscribers, affiliates
(including without limitations Users or non-Users to whom Horizon
Technology Group, Inc. provides links or banners to promote the
services or products of Horizon Technology Group, Inc. or any third
party the services or products of which are offered by or obtained
through or in connection with Horizon Technology Group, Inc.),
resellers or others (i) who sign up for, use or obtain services or
products from Horizon Technology Group, Inc. or from any third party
services or products of which are offered by or obtained through or
in connection with Horizon Technology Group, Inc., or (ii) who visit
the Web sites of Horizon Technology Group, Inc. or of any such third
party.
PLEASE READ THIS AGREEMENT CAREFULLY.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US,
CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS
USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN
THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE
SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
Acceptable Use Policy.
Under this Agreement, User shall comply with Horizon Technology
Group, Inc.'s then current Acceptable Use Policy ("AUP"),
as amended, modified or updated from time to time by Horizon
Technology Group, Inc., and other agreements which currently can be
viewed under the Terms of Service section of this Web site
(collectively, the "Terms of Service"), and which is
incorporated in this Agreement by reference. User hereby
acknowledges that it has reviewed the AUP and that the terms of the
AUP are incorporated herein by reference. In the event of any
inconsistencies between this Agreement and the AUP, the terms of the
AUP shall govern. Horizon Technology Group, Inc. does not intend to
systematically monitor the content that is submitted to, stored on
or distributed or disseminated by User via the Service (the "User
Content"). User Content includes content of User's and/or users
of User's Web site. Accordingly, under this Agreement, You will be
responsible for Your users content and activities on Your Web site.
Notwithstanding anything to the contrary contained in this
Agreement, Horizon Technology Group, Inc. may immediately take
corrective action, including removal of all or a portion of the User
Content, disconnection or discontinuance of any and all Services, or
termination of this Agreement in the event of notice of possible
violation by User of the AUP. In the event Horizon Technology Group,
Inc. takes corrective action due to a violation of the AUP, Horizon
Technology Group, Inc. shall not refund to User any fees paid in
advance of such corrective action. User hereby agrees that Horizon
Technology Group, Inc. shall have no liability to User or any of
User's users due to any corrective action that Horizon Technology
Group, Inc. may take (including, without limitation, suspension,
termination or disconnection of Services).
Term; Termination; Cancellation Policy.
The initial term of this Agreement
shall be as set forth in the Registration Form (the "Initial
Term"). The Initial Term shall begin upon commencement of the
Services to User. After the Initial Term, this Agreement shall
automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU
ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR
CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS
THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS
PROVIDED IN THIS SECTION. The Initial Term and all successive
renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated
or cancelled;
at anytime by either party by giving the other party thirty
(30) days prior written notice, provided that we may charge You a
minimum $35.00 charge as an early cancellation fee.
If an account with a thirty (30) day money-back guarantee is
purchased and cancelled within thirty (30) days of sign-up, the User
will, upon request, receive a full refund of all hosting fees.
Requests for these refunds should be made through our Support Team.
Refunds made for a thirty (30) day money-back guarantee will not
include domain registration fees or setup fees, nor will they
include any fees for additional services that are purchased in the
first thirty (30) days. If your plan includes a free domain name and
You cancel within the first 30 days, a fee for the domain will be
deducted from your refund. If you do not wish to keep the domain
name, Horizon Technology Group, Inc. will take possession of the
domain and the fee will not be charged.
The thirty (30) day money-back guarantee is valid for
credit-card payments only. Due to the costs associated with
processing payments made by other methods, we are not able to offer
the thirty (30) day money-back guarantee for other payment methods.
by Horizon Technology Group, Inc.
in the event of nonpayment by User,
by Horizon Technology Group, Inc.,
at any time, without notice, if, in Horizon Technology Group, Inc.'s
sole and absolute discretion and/or judgment, User is in violation
of any term or condition of this Agreement and related agreements,
AUP, or User's use of the Services disrupts or, in Horizon
Technology Group, Inc.'s sole and absolute discretion and/or
judgment, could disrupt, Horizon Technology Group, Inc.'s business
operations and/or
by Horizon Technology Group, Inc.
as provided herein.
If You cancel this Agreement, upon
proper notice to Horizon Technology Group, Inc., prior to the end of
the Initial Term or any Term thereafter,
You shall be obligated to pay all
fees and charges accrued prior to the effectiveness of such
cancellation;
Horizon Technology Group, Inc. may (but is not obligated to)
refund to You all pre-paid fees for basic hosting services for the
full months remaining after effectiveness of cancellation (i.e., no
partial month fees shall be refunded), less any setup fees,
cancellation fees, and any discount applied for prepayment, provided
that You are not in breach of any terms and conditions of this AUP,
User Agreement, Anti-Spamming Policy or Domain Policy;
If your plan includes a free domain name, a fee for the
domain will be deducted from your refund. If you do not wish to keep
the domain name, Horizon Technology Group, Inc. will take possession
of the domain and the fee will not be charged.
and/or
We may charge You one hundred
percent (100%) of all charges for all Services for each month
remaining in the Term (other than basic hosting fees as provided in
(ii) above).
Any cancellation request shall be
effective thirty (30) days after receipt by Horizon Technology
Group, Inc., unless a later date is specified in such request.
Horizon Technology Group, Inc. may terminate this Agreement,
without penalty,
if the Services are prohibited by
applicable law, or become impractical or unfeasible for any
technical, Terms of Service or regulatory reason, by giving User as
much prior notice as reasonably practicable; or
immediately, if Horizon Technology
Group, Inc. determines that User's use of the Services, the Web site
or the User Content violates any Horizon Technology Group, Inc. term
of service, including the AUP, User Agreement, Anti-Spam Policy,
Privacy Policy or Domain Policy. If Horizon Technology Group, Inc.
cancels this Agreement prior to the end of the Term for Your breach
of this Agreement and related agreements, including the AUP, User
Agreement, Anit-Spam Policy, Privacy Policy or Domain Policy or
User's use of the Services disrupts our network, Horizon Technology
Group, Inc. shall not refund to You any fees paid in advance of such
cancellation and You shall be obligated to pay all fees and charges
accrued prior to the effectiveness of such cancellation; further, We
may charge You 100% of all charges for all Services for each month
remaining in the Term and Horizon Technology Group, Inc. shall have
the right to charge You an administrative fee of a minimum of
$35.00.
Upon termination of this Agreement
for any cause or reason whatsoever, neither party shall have any
further rights or obligations under this Agreement, except as
expressly set forth herein. The provisions of Sections 2(e), 3, 4,
12, 13, 15, 17 and 18 of this Agreement shall survive the expiration
or termination of this Agreement for any cause or reason whatsoever,
and, notwithstanding the expiration or termination of this
Agreement, the parties shall each remain liable to the other for any
indebtedness or other liability theretofore arising under this
Agreement. Termination of this Agreement and retention of pre-paid
fees and charges shall be in addition to, and not be in lieu of, any
other Terms of Service or equitable rights or remedies to which
Horizon Technology Group, Inc. may be entitled.
You have ninety (90) days to
dispute any charge or payment processed by Horizon Technology Group,
Inc.. If you have a question concerning a charge you believe is
incorrect, please contact us at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
User's Responsibilities.
User is solely responsible for
the quality, performance and all other aspects of the User Content
and the goods or services provided through the User Web site.
User will cooperate fully with
Horizon Technology Group, Inc. in connection with Horizon
Technology Group, Inc.'s provision of the Services. User must
provide any equipment or software that may be necessary for User to
use the Services. Delays in User's performance of its obligations
under this Agreement will extend the time for Horizon Technology
Group, Inc.'s performance of its obligations that depend on User's
performance on a day for day basis. User must provide complete,
correct and genuine contact information in the Registration Form
and update such information as necessary from time to time so it
remains complete, correct and genuine at all times; failure to do
so may result in suspension or cancellation of Services. User will
notify Horizon Technology Group, Inc. of any change in User's
mailing address, telephone, electronic mail or other contact
information.
User assumes full responsibility
for providing end users with any required disclosure or explanation
of the various features of the User Web site and any goods or
services described therein, as well as any rules, terms or
conditions of use.
Because the Services permit Users
to electronically transmit or upload content directly to the User
Web site, User shall be fully responsible for uploading all content
to the User Web site and supplementing, modifying and updating the
User Web site, including all back-ups. User is also responsible for
ensuring that the User Content and all aspects of the User Web site
are compatible with the hardware and software used by Horizon
Technology Group, Inc. to provide the Services, as the same may be
changed by Horizon Technology Group, Inc. from time to time.
Horizon Technology Group, Inc. shall not be responsible for any
damages to the User Content, the User Web site or other damages or
any malfunctions or service interruptions caused by any failure of
the User Content or any aspect of the User Web site to be
compatible with the hardware and software used by Horizon
Technology Group, Inc. to provide the Services.
User is solely responsible for
making back-up copies of the User Web site and User Content.
Horizon Technology Group, Inc.
does not maintain backup copies of User Web sites or e-mail.
Horizon Technology Group, Inc. cannot guarantee that the contents
of a Web site will never be deleted or corrupted, or that a backup
of a Web site will always be available. Users should always copy
all content of a Web site to a local computer and Horizon
Technology Group, Inc. strongly suggest that Users make an
additional copy (on tape, CD, multiple floppies, another desktop,
or elsewhere) to ensure the availability of the files.
User is responsible for
maintaining the confidentiality of login and billing information.
Horizon Technology Group, Inc. is not liable for any account
disputes that may arise between various parties holding account
login information. Horizon Technology Group, Inc. is not
responsible for any changes made to the account or any information
that has been modified by User, or any parties authorized by User,
to access the Control Panel. User is responsible for updating and
maintaining contact and billing information with Horizon Technology
Group, Inc.. Any changes to the User contact information must be
made using the account Control Panel or by contacting our Support
Team. User is responsible for ensuring that Horizon Technology
Group, Inc. is able to notify the User for technical, billing or
other issues or purposes deemed necessary by Horizon Technology
Group, Inc. to maintain the account.
Free Web Hosting. If you have
enrolled in a free plan, your Web site may carry advertising HTML
for Horizon Technology Group, Inc. or a third party, which could
include different types of advertisements, including banners or
pop-ups. If you would prefer not to have such advertising on your
Web site, we encourage you to sign up for a plan that does not
include advertising. Our Support Team can help you choose the plan
that is right for you
User's Representations and
Warranties.
User hereby represents and
warrants to Horizon Technology Group, Inc., and agrees that during
the Initial Term and any Term thereafter User will ensure that:
User is the owner or valid
licensee of the User Content and each element thereof, and User
has secured all necessary licenses, consents, permissions, waivers
and releases for the use of the User Content and each element
thereof, including without limitation, all trademarks, logos,
names and likenesses contained therein, without any obligation by
Horizon Technology Group, Inc. to pay any fees, residuals, guild
payments or other compensation of any kind to any Person;
User's use, publication and
display of the User Content will not infringe any copyright,
patent, trademark, trade secret or other proprietary or
intellectual property right of any person, or constitute a
defamation, invasion of privacy or violation of any right of
publicity or any other right of any person, including, without
limitation, any contractual, statutory or common law right or any
"moral right" or similar right however denominated;
User will comply with all
applicable laws, rules and regulations regarding the User Content
and the User Web site and will use the User Web site only for
lawful purposes; and
User has used its best efforts
to ensure that the User Content is and will at all times remain
free of all computer viruses, worms, Trojan horses and other
malicious code.
User shall be solely responsible
for the development, operation and maintenance of User's Web site,
online store and electronic commerce activities, for all products
and services offered by User or appearing online and for all
contents and materials appearing online or on User's products,
including, without limitation
the accuracy and appropriateness
of the User Content and content and material appearing in its
store or on its products,
ensuring that the User Content
and content and materials appearing in its store or on its
products do not violate or infringe upon the rights of any person,
and
ensuring that the User Content
and the content and materials appearing in its store or on its
products are not defamatory or otherwise illegal. User shall be
solely responsible for accepting, processing and filling User
orders and for handling User inquiries or complaints. User shall
be solely responsible for the payment or satisfaction of any and
all taxes associated with its Web site and online store.
User grants Horizon Technology
Group, Inc. the right to reproduce, copy, use and distribute all
and any portion of the User Content to the extent needed to provide
and operate the Services
In addition to transactions
entered into by You on Your behalf, You also agree to be bound by
the terms of this Agreement for transactions entered into on Your
behalf by anyone acting as Your agent, and transactions entered
into by anyone who uses Your account, whether or not the
transactions were on Your behalf.
License to Horizon Technology
Group, Inc. User hereby grants to Horizon Technology Group, Inc.
a non-exclusive, royalty-free, worldwide right and license during
the Initial Term and any Term thereafter to do the following to the
extent necessary in the performance of Services under the Order:
digitize, convert, install,
upload, select, order, arrange, compile, combine, synchronize, use,
reproduce, store, process, retrieve, transmit, distribute, publish,
publicly display, publicly perform and hyperlink the User Content;
and
make archival or back-up copies
of the User Content and the User Web site.
Except for the rights expressly
granted above, Horizon Technology Group, Inc. is not acquiring any
right, title or interest in or to the User Content, all of which
shall remain solely with User.
Horizon Technology Group, Inc.,
in its sole discretion, reserves the right (i) to deny, cancel,
suspend, transfer or alter, modify, correct, amend, change,
program, or take any other corrective action to protect the
integrity and stability of the Services (including altering,
modifying, correcting, amending, changing, programming, or taking
any other corrective action regarding any malicious code, software
or related abusive activity, User Content and/or Web site(s)),
and/or (ii) to comply with any applicable laws, government rules,
or requirements, requests of law enforcement, or to avoid any
liability, civil or criminal. User further agrees that Horizon
Technology Group, Inc. shall not be liable to User for any loss or
damages that may result from such conduct.
Billing and Payment.
User will pay to Horizon
Technology Group, Inc. the service fees for the Services in the
manner set forth in the Registration Form.
Horizon Technology Group, Inc.
may increase the Service Fees (i) in the manner permitted in the
service description and (ii) at any time on or after expiration of
the Initial Term by providing ten (10) days prior written notice
thereof to User.
The Service Fees do not include
any applicable sales, use, revenue, excise or other taxes imposed
by any taxing authority with respect to the Services or any
software provided hereunder (excluding any tax on Horizon
Technology Group, Inc.'s net income). All such taxes may be added
to Horizon Technology Group, Inc.'s invoices for the fees as
separate charges to be paid by User. All fees are fully earned when
due and non-refundable when paid.
Unless otherwise specified, all
initial fees shall be payable upon sign-up, and all subsequent fees
and related charges shall be due and payable when billed, if by
credit card, or if not by credit card, within thirty (30) days
after the date of the invoice. If any invoice is not paid within
seven (7) days after the date of the invoice, Horizon Technology
Group, Inc. may charge User a late fee of $15.00 for; in addition
any amounts payable to Horizon Technology Group, Inc. not paid when
due will bear interest at the rate of one and one half percent
(1.5%) per month or the maximum rate permitted by applicable law,
whichever is less.
If Horizon Technology Group, Inc.
collects any payment due at law or through an attorney at law or
under advice therefrom or through a collection agency, or if
Horizon Technology Group, Inc. prevails in any action to which the
User and Horizon Technology Group, Inc. are parties, User will pay
all costs of collection, arbitration and litigation, including,
without limitation, all court costs and Horizon Technology Group,
Inc.'s reasonable attorneys' fees.
If any check is returned for
insufficient funds Horizon Technology Group, Inc. may impose a
minimum processing charge of $30.00.
In the event that any amount due
to Horizon Technology Group, Inc. is not paid when due, Horizon
Technology Group, Inc., in its sole discretion, may immediately
terminate this Agreement, and/or withhold or suspend Services.
There may be a minimum $50.00
charge to reinstate accounts that have been suspended or
terminated.
Wire transfers will be assessed a
minimum $35.00 charge.
There may be a minimum $35.00
charge for all credit card chargebacks.
User acknowledges and agrees that
Horizon Technology Group, Inc. may pre-charge User's fees for the
Services to its credit card supplied by User during registration
for the Initial Term.
YOU ACKNOWLEDGE, AGREE AND
AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT
CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM,
UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN
SECTION.
Payment Policies - General
Accounts will not be activated or
reactivated without prior payment.
All hosting fees and domain name
renewal fees are due on or before the due date of the
renewing account and/or domain name.
Incomplete, incorrect or
questionable signup information can result in an account being
suspended or terminated or NOT being activated. Some accounts may
be placed on hold for up to 72 hours, pending review of information
received.
Any losses or expenses
experienced by the User, due to actions taken by Horizon Technology
Group, Inc. in response to Users non-payment, are not the
responsibility of Horizon Technology Group, Inc..
Unless stated otherwise, a
reference to 'USD$', '$US', 'dollar' or '$' is a reference to USA
currency. All fees or other amounts hereunder shall be payable in
US currency.
Payment Policies - Payment
Processing
Horizon Technology Group, Inc.'s
preferred method of payment is credit card.
By purchasing our hosting
services, you are agreeing to allow Horizon Technology Group, Inc.
to place your account on a recurring payment plan. The account will
automatically be re-billed according to the terms of the plan you
select.
You grant Horizon Technology
Group, Inc. permission to charge your credit card for any and all
services you request, including, but not limited to, hosting and/or
domain name renewals.
If we are unable to process a
payment for your hosting plan by its due date, your account will be
cancelled for non-payment and you will not be able to access your
Web site or e-mail.
When an account is cancelled, all
copies of the Web site and e-mail files are permanently and
irretrievably removed from our servers.
If an account has been suspended
for non-payment, it will only be reactivated upon payment of all
overdue fees.
If we make any refunds due to
charges you dispute with your credit card Horizon Technology Group,
Inc., we will cancel your account. The cancelled account will only
be reactivated once all disputed/refunded fees are resolved
satisfactorily, and we receive payment for any and all
administrative fees incurred by Horizon Technology Group, Inc. as a
result of your dispute or charge-back request. We cannot guarantee
any files or e-mail will be available upon reactivation.
It is a violation of this
Agreement for you to misuse or fraudulently use credit cards,
charge cards, electronic funds transfers, and/or electronic checks.
A determination of such misuse or fraudulent use shall be in our
sole discretion. Further, we may report all such misuses and
fraudulent uses (as determined by us in our sole discretion) to
appropriate government and law enforcement authorities, credit
reporting services, financial institutions and credit card
companies. In these situations, you shall have waived any and all
rights to privacy.
Horizon Technology Group, Inc.
as Reseller or Licensor. Horizon Technology Group, Inc. is
acting only as a reseller or licensor of certain services, hardware,
software and equipment used in connection with the products and/or
Services that were or are manufactured or provided by a third party
("Non-Horizon Technology Group, Inc. Product"). Horizon
Technology Group, Inc. shall not be responsible for any changes in
the Services that cause the Non-Horizon Technology Group, Inc.
Product to become obsolete, require modification or alteration, or
otherwise affect the performance of the Services. Any malfunction or
manufacturer's defects of Non-Horizon Technology Group, Inc. Product
either sold, licensed or provided by Horizon Technology Group, Inc.
to User or purchased directly by User used in connection with the
Services will not be deemed a breach of Horizon Technology Group,
Inc.'s obligations under this Agreement. Any rights or remedies User
may have regarding the ownership, licensing, performance or
compliance of Non-Horizon Technology Group, Inc. Product are limited
to those rights extended to User by the manufacturer of such
Non-Horizon Technology Group, Inc. Product. User is entitled to use
any Non-Horizon Technology Group, Inc. Product supplied by Horizon
Technology Group, Inc. only in connection with User's permitted use
of the Services. User shall use its best efforts to protect and keep
confidential all intellectual property provided by Horizon
Technology Group, Inc. to User through any Non-Horizon Technology
Group, Inc. Product and shall make no attempt to copy, alter,
reverse engineer, or tamper with such intellectual property or to
use it other than in connection with the Services. User shall not
resell, transfer, export or re-export any Non-Horizon Technology
Group, Inc. Product, or any technical data derived therefrom, in
violation of any applicable United States or foreign law.
Internet Protocol (IP) Address
Ownership. If Horizon Technology Group, Inc. assigns User an
Internet Protocol ("IP") address for User's use, the right
to use that IP address shall belong only to Horizon Technology
Group, Inc., and User shall have no right to use that IP address
except as permitted by Horizon Technology Group, Inc. in its sole
and absolute discretion in connection with the Services, during the
term of this Agreement. Horizon Technology Group, Inc. shall
maintain and control ownership of all Internet Protocol numbers and
addresses that may be assigned to User by Horizon Technology Group,
Inc., and Horizon Technology Group, Inc. reserves the right to
change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion.
Caching. User expressly;
grants to Horizon Technology
Group, Inc. a license to cache the entirety of the User Content and
User's Web site, including content supplied by third parties,
hosted by Horizon Technology Group, Inc. under this Agreement and
agrees that such caching is not
an infringement of any of User's intellectual property rights or
any third party's intellectual property rights.
CPU Usage. User agrees that
User shall not use excessive amounts of CPU processing on any of
Horizon Technology Group, Inc.'s servers. Any violation of this
policy may result in corrective action by Horizon Technology Group,
Inc., including assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken in Horizon Technology Group,
Inc.'s sole and absolute discretion. If Horizon Technology Group,
Inc. takes any corrective action under this section, User shall not
be entitled to a refund of any fees paid in advance prior to such
action.
Bandwidth and Disk Usage. Horizon Technology Group,
Inc. provides Users with bandwidth, disk space and other resources,
such as e-mail and/or file-transfer-protocol ("FTP")
accounts, the amount of which is defined in Horizon Technology
Group, Inc.'s web pages describing the package of Services purchased
at the time of purchase. In some cases, Horizon Technology Group,
Inc. may not establish a specific amount of bandwidth, disk space
and other resources, and refer to that as "Unlimited". In
all cases, the Services are intended for normal use only, and any
activity that results in excessive usage that is inconsistent with
normal usage patterns is strictly prohibited. Horizon Technology
Group, Inc. reserves the right to suspend, discontinue or delete the
accounts of Users whose use of disk space, bandwidth or other
resources results in or presents the risk of degradation of service
to other customers, regardless of the amount of disk space,
bandwidth or other resources included in the User's plan. User
agrees that such usage shall not exceed the amounts set by Horizon
Technology Group, Inc. for the Services purchased (the "Agreed
Usage") and is additionally subject to normal usage guidelines
established by Horizon Technology Group, Inc. as in effect from time
to time. These allotments are optimized and dedicated towards
serving the Content and User's active electronic mail services
related solely to User's web hosting account(s) with Horizon
Technology Group, Inc..
Hosting space is intended for normal use only, and is limited to
Web files, active e-mail and content of the hosted Web sites, not
for storage (whether of media, e-mails, or other data). Hosting
space further may not be used as offsite storage of electronic
files, electronic mail or FTP hosts. You are responsible for
removing any files, e-mails or other data which do not meet these
requirements, and for adhering to any usage requirements or limits
allocated to your account(s). Failure to do so may result in removal
and deletion of such materials (including without limitation files
and e-mails), and/or in discontinuation of your services or account,
which actions we may take in our sole discretion.
Horizon Technology Group, Inc. will monitor User's use of
bandwidth, disk usage and other resources. Horizon Technology Group,
Inc., in its sole discretion, shall have the right to take any
corrective action if User's utilization of bandwidth, disk usage or
other resources exceeds the Agreed Usage, normal usage, or is used
for other improper storage or usage. Such corrective action may
include the assessment of additional charges, disconnection or
discontinuance of any and all Services, removal or deletion of
User's Web site, User Content, User's electronic mail and e-mail
services and/or other materials and services or termination the
User's account and of this Agreement, which actions may be taken in
Horizon Technology Group, Inc.'s sole and absolute discretion.
If Horizon Technology Group, Inc. takes any such corrective
action under this section, User shall not be entitled to a refund or
credit of any fees paid prior to such action. User will comply with
all applicable laws, rules and regulations regarding User's Web
site, User Content and/or User's electronic mail services, including
use of bandwidth, disk usage and other resources and will use such
services and resources only for lawful purposes. User may not
utilize: the Services to copy material from third parties (including
text, graphics, music, videos or other copyrightable material)
without proper authorization; the Services to misappropriate or
infringe the patents, copyrights, trademarks or other intellectual
property rights of any third party; the Services to traffic in
illegal drugs, gambling, obscene materials or any other products or
services that are prohibited under applicable law; the Services to
export encryption software to points outside the United States in
violation of applicable export control laws; the Services to forge
or misrepresent message headers, whether in whole or in part, to
mask the originator of the message. If Horizon Technology Group,
Inc. learns or discovers that User is violating any law related to
User's Web site, User Content and/or User's electronic mail
services, use of bandwidth, disk usage or other resources or Agreed
Usage, Horizon Technology Group, Inc. may be obligated to or may in
its discretion inform the necessary law enforcement and/or any
related agency(ies) of such conduct and may provide such agency(ies)
with information related to User, User's Web site, User Content
and/or User's electronic mail.
User is responsible for complying with any usage requirements or
limits for bandwidth, disk space or other resources, and monitoring
such usage to ensure the Web site does not violate such requirements
or exceed any such limits allocated for the account(s) and otherwise
complies with this Agreement. Horizon Technology Group, Inc. will
use commercially reasonable efforts to e-mail Users who are at or
near their utilization limits, but Horizon Technology Group, Inc.
does not take responsibility if e-mail notification(s) is not
received by the User. Horizon Technology Group, Inc. reserves the
right to discontinue service through the beginning of the next month
for your account in the event that it exceeds the any such
allotment.
Parked Domain Services. In
addition to the applicable terms and conditions contained herein:
If User signs up to register and
park a domain name with Horizon Technology Group, Inc., User agrees
to pay Horizon Technology Group, Inc. the annual fee a set forth on
our Web site (the "Parked Page Services"). User's annual
billing date will be determined based on the month User establishes
the Parked Page Services with Horizon Technology Group, Inc..
Payments are non-refundable. If for any reason Horizon Technology
Group, Inc. is unable to charge User's payment method for the full
amount owed Horizon Technology Group, Inc. for the service
provided, or if Horizon Technology Group, Inc. is charged a penalty
for any fee it previously charged to Your payment method, User
agrees that Horizon Technology Group, Inc. may pursue all available
remedies in order to obtain payment. User agrees that among the
remedies Horizon Technology Group, Inc. may pursue in order to
effect payment, shall include but will not be limited to, immediate
cancellation without notice to User of User's service. Horizon
Technology Group, Inc. reserves the right to charge a reasonable
service fee for administrative tasks outside the scope of its
regular services. These include, but are not limited to, User
service issues that cannot be handled over e-mail but require
personal service, and disputes that require legal services. These
charges will be billed to the payment method we have on file for
User.
User agrees to be responsible for
notifying Horizon Technology Group, Inc. should User desire to
terminate use of any of the Parked Page Services, including, but
not limited to, those purchased. Notification of User's intent to
terminate must be provided to Horizon Technology Group, Inc. no
earlier than thirty (30) days prior to User's billing date but no
later than ten (10) days prior to the billing date. In the absence
of notification from User, Horizon Technology Group, Inc. will
automatically continue the Parked Page Services indefinitely and
will charge User's payment method that is on file with Horizon
Technology Group, Inc., at Horizon Technology Group, Inc.'s then
current rates. It is User's responsibility to keep their payment
method information current, which includes the expiration date if
using a credit card. In the event User terminates the Parked Page
Services, moving their Web site off of the Horizon Technology
Group, Inc. hosting servers is User's responsibility. Horizon
Technology Group, Inc. will not transfer or FTP such Web site to
another provider. Any change by User of their name-server is not
deemed cancellation of the Parked Page Services.
Horizon Technology Group, Inc.
will provide User with the Parked Page Services as long as User
abides by the terms and conditions set forth herein and in each of
Horizon Technology Group, Inc.'s policies and procedures.
By using any of the Parked Pages
Services, User agrees that Horizon Technology Group, Inc. may point
the domain name or DNS to one of Horizon Technology Group, Inc.'s
or Horizon Technology Group, Inc.'s affiliates web pages, and that
they may place advertising on User's web page and that Horizon
Technology Group, Inc. specifically reserves this right. User shall
have no right to any compensation and shall not be entitled and
shall have no right to receive any funds related to the
monetization of User's Parked Pages.
User agrees to indemnify and hold
harmless Horizon Technology Group, Inc. for any complications
arising out of use of the Parked Page Services, including, but not
limited to, actions Horizon Technology Group, Inc. chooses to take
to remedy User's improper or illegal use of a Web site hosted by
Horizon Technology Group, Inc.. User agrees it is not be entitled
to a refund of any fees paid to Horizon Technology Group, Inc. if,
for any reason, Horizon Technology Group, Inc. takes corrective
action with respect to any improper or illegal use of the Parked
Page Services.
If a dispute arises as a result
of one or more of User's Parked Pages, User will indemnify, defend
and hold Horizon Technology Group, Inc. harmless for damages
arising out of such dispute. User also agrees that if Horizon
Technology Group, Inc. is notified that a complaint has been filed
with a governmental, administrative or judicial body, regarding a
Web site hosted by Horizon Technology Group, Inc., that Horizon
Technology Group, Inc., in its sole discretion, may take whatever
action Horizon Technology Group, Inc. deems necessary regarding
further modification, assignment of and/or control of the Web site
to comply with the actions or requirements of the governmental,
administrative or judicial body until such time as the dispute is
settled.
Property Rights.
Horizon Technology Group, Inc.
hereby grants to User a limited, non-exclusive, non-transferable,
royalty-free license, exercisable solely during the term of this
Agreement, to use Horizon Technology Group, Inc. technology,
products and services solely for the purpose of accessing and using
the Services. User may not use Horizon Technology Group, Inc.'s
technology for any purpose other than accessing and using the
Services. Except for the rights expressly granted above, this
Agreement does not transfer from Horizon Technology Group, Inc. to
User any Horizon Technology Group, Inc. technology, and all rights,
titles and interests in and to any Horizon Technology Group, Inc.
technology shall remain solely with Horizon Technology Group, Inc..
User shall not, directly or indirectly, reverse engineer,
decompile, disassemble or otherwise attempt to derive source code
or other trade secrets from any of the Horizon Technology Group,
Inc.
.
Horizon Technology Group, Inc.
owns all right, title and interest in and to the Services and
Horizon Technology Group, Inc.'s trade names, trademarks, service
marks, inventions, copyrights, trade secrets, patents, know-how and
other intellectual property rights relating to the design,
function, marketing, promotion, sale and provision of the Services
and the related hardware, software and systems ("Marks").
Noting in this Agreement constitutes a license to User to use or
resell the Marks.
Disclaimer of Warranty.
User agrees to use all Services and any information obtained through
or from Horizon Technology Group, Inc., at User's own risk. User
acknowledges and agrees that Horizon Technology Group, Inc.
exercises no control over, and accepts no responsibility for, the
content of the information passing through Horizon Technology Group,
Inc.'s host computers, network hubs and points of presence or the
Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON
AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT,
SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS,
ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY
EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT
THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF
THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR
PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY
DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED
EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA
THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU
RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section
shall survive any termination of this Agreement.
Limited Warranty.
Horizon Technology Group, Inc.
represents and warrants to User that the Services will be performed
(a) in a manner consistent with industry standards reasonably
applicable to the performance thereof; (b) at least at the same
level of service as provided by Horizon Technology Group, Inc.
generally to its other Users for the same services; and (c) in
compliance in all material respects with the applicable Service
Descriptions. User will be deemed to have accepted such Services
unless User notifies Horizon Technology Group, Inc., in writing,
within thirty (30) days after performance of any Services of any
breach of the foregoing warranties. User's sole and exclusive
remedy, and Horizon Technology Group, Inc.'s sole obligation, for
breach of the foregoing warranties shall be for Horizon Technology
Group, Inc., at its option, to re-perform the defective Services at
no cost to User, or, in the event of interruptions to the Services
caused by a breach of the foregoing warranties, issue User a credit
in an amount equal to the current monthly service fees pro rated by
the number of hours in which the Services have been interrupted.
Horizon Technology Group, Inc. may provision the Services from any
of its data centers and may from time to time re-provision the
Services from different data centers.
The foregoing warranties shall
not apply to performance issues or defects in the Services (a)
caused by factors outside of Horizon Technology Group, Inc.'s
reasonable control; (b) that resulted from any actions or inactions
of User or any third parties; or (c) that resulted from User's
equipment or any third-party equipment not within the sole control
of Horizon Technology Group, Inc.. EXCEPT AS EXPRESSLY PROVIDED IN
THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE
PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY
EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY
THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS
PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY
WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability.
IN NO EVENT WILL OUR LIABILITY
IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR
ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE,
DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE
SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
WE CANNOT GUARANTEE CONTINUOUS
SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA,
INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE
WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY
CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT
DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED
OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED
BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY
OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE,
LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES
OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF
ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER
RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE
PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM
AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this
Section apply to all causes of action in the aggregate, whether
based in contract, tort or any other Terms of Service theory
(including strict liability), other than claims based on fraud or
willful misconduct. The limitations contained in Section 15 shall
not apply to User's indemnification obligations.
Notwithstanding anything to the
contrary in this Agreement, Horizon Technology Group, Inc.'s
maximum liability under this Agreement for all damages, losses,
costs and causes of actions from any and all claims (whether in
contract, tort, including negligence, quasi-contract, statutory or
otherwise) shall not exceed the actual dollar amount paid by User
for the Services which gave rise to such damages, losses and causes
of actions during the 3-month period prior to the date the damage
or loss occurred or the cause of action arose.
User understands, acknowledges
and agrees that if Horizon Technology Group, Inc. takes any
corrective action under this Agreement because of an action of User
or one if its Users or a reseller, that corrective action may
adversely affect other Users of User or other reseller Users, and
User agrees that Horizon Technology Group, Inc. shall have no
liability to User, any of its Users or any Reseller User due to
such corrective action by Horizon Technology Group, Inc..
This limitation of liability
reflects an informed, voluntary allocation between the parties of
the risks (known and unknown) that may exist in connection with
this Agreement. The terms of this section shall survive any
termination of this Agreement.
Indemnification. User
agrees to indemnify, defend and hold harmless Horizon Technology
Group, Inc. and its parent, subsidiary and affiliated companies, and
each of their respective officers, directors, employees,
shareholders, attorneys and agents (each an "indemnified party"
and, collectively, "indemnified parties") from and against
any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative), and expenses
(including, but not limited to, reasonable attorney's fees)
threatened, asserted, or filed by a third party against any of the
indemnified parties arising out of or relating to User's use of the
Services, (ii) any violation by User of the AUP, (iii) any breach of
any representation, warranty or covenant of User contained in this
Agreement or (iv) any acts or omissions of User. The terms of this
section shall survive any termination of this Agreement.
Waiver of Jury Trial
Both You and Horizon Technology
Group, Inc. hereby agree to waive all respective rights to a jury
trial of any claim or cause of action related to or arising out of
this Agreement.
The scope of the waiver is
intended to be all encompassing of any and all disputes that may be
filed in any court and that relate to the subject matter herein,
including without limitation, contract claims, tort claims, breach
of duty claims, and all other common law and statutory claims.
You and Horizon Technology Group,
Inc. each acknowledge that the waiver is a material inducement for
each party to enter into a business relationship, that each party
has already relied on the waiver in entering into this Agreement
and that each will continue to rely on the waiver in their related
future dealings.
Each party further warrants and
represents that each has had the opportunity to have counsel review
this Agreement and this waiver.
The waiver is irrevocable,
meaning that it may not be modified either orally or in writing,
and the waiver shall apply to any subsequent amendments, renewals,
supplements or modifications to this Agreement. In the event of
litigation, this Agreement may be filed as written consent to a
trial by court.
Miscellaneous.
Independent Contractor.
Horizon Technology Group, Inc. and User are independent contractors
and nothing contained in this Agreement places Horizon Technology
Group, Inc. and User in the relationship of principal and agent,
master and servant, partners or joint venturers. Neither party has,
expressly or by implication, or may represent itself as having, any
authority to make contracts or enter into any agreements in the
name of the other party, or to obligate or bind the other party in
any manner whatsoever.
Governing Law; Jurisdiction.
Any controversy or claim arising out of or relating to this
Agreement, the formation of this Agreement or the breach of this
Agreement, including any claim based upon arising from an alleged
tort, shall be governed by the substantive laws of the State of
Massachusetts. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement. Any
suit, action or proceeding concerning this agreement must be
brought in a state or federal court located in Middlesex,
Massachusetts. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS
TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE
APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR
PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE
TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING
IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH
IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT
FORUM.
Headings. The headings
herein are for convenience only and are not part of this Agreement.
Entire Agreement; Amendments.
This Agreement, including documents incorporated herein by
reference, supersedes all prior discussions, negotiations and
agreements between the parties with respect to the subject matter
hereof, and this Agreement constitutes the sole and entire
agreement between the parties with respect to the matters covered
hereby. In case of a conflict between this Agreement and any
purchase order, service order, work order, confirmation,
correspondence or other communication of User or Horizon Technology
Group, Inc., the terms and conditions of this Agreement shall
control. No additional terms or conditions relating to the subject
matter of this Agreement shall be effective unless approved in
writing by any authorized representative of User and Horizon
Technology Group, Inc.. This Agreement may not be modified or
amended except by another agreement in writing executed by the
parties hereto; provided, however, that these Terms of Service may
be modified from time to time by Horizon Technology Group, Inc. in
its sole discretion, which modifications will be effective upon
posting to Horizon Technology Group, Inc.'s Web site.
Severability. All rights
and restrictions contained in this Agreement may be exercised and
shall be applicable and binding only to the extent that they do not
violate any applicable laws and are intended to be limited to the
extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of
any provision of this Agreement shall be held to be illegal,
invalid or unenforceable by a court of competent jurisdiction, it
is the intention of the parties that the remaining provisions or
portions thereof shall constitute their agreement with respect to
the subject matter hereof, and all such remaining provisions or
portions thereof shall remain in full force and effect.
Notices. All notices and
demands required or contemplated hereunder by one party to the
other shall be in writing and shall be deemed to have been duly
made and given upon date of delivery if delivered in person or by
an overnight delivery or postal service, upon receipt if delivered
by facsimile the receipt of which is confirmed by the recipient, or
upon the expiration of five days after the date of posting if
mailed by certified mail, postage prepaid, to the addresses or
facsimile numbers set forth below the parties' signatures. Either
party may change its address or facsimile number for purposes of
this Agreement by notice in writing to the other party as provided
herein. Horizon Technology Group, Inc. may give written notice to
User via electronic mail to the User's electronic mail address as
maintained in Horizon Technology Group, Inc.'s billing records.
Waiver. No failure or
delay by any party hereto to exercise any right or remedy hereunder
shall operate as a waiver thereof, nor shall any single or partial
exercise of any right or remedy by any party preclude any other or
further exercise thereof or the exercise of any other right or
remedy. No express waiver or assent by any party hereto to any
breach of or default in any term or condition of this Agreement
shall constitute a waiver of or an assent to any succeeding breach
of or default in the same or any other term or condition hereof.
Assignment; Successors.
User may not assign or transfer this Agreement or any of its rights
or obligations hereunder, without the prior written consent of
Horizon Technology Group, Inc.. Any attempted assignment in
violation of the foregoing provision shall be null and void and of
no force or effect whatsoever. Horizon Technology Group, Inc. may
assign its rights and obligations under this Agreement, and may
engage subcontractors or agents in performing its duties and
exercising its rights hereunder, without the consent of User. This
Agreement shall be binding upon and shall inure to the benefit of
the parties hereto and their respective successors and permitted
assigns.
Limitation of Actions. No
action, regardless of form, arising by reason of or in connection
with this Agreement may be brought by either party more than two
years after the cause of action has arisen.
Counterparts. If this
Agreement is signed manually, it may be executed in any number of
counterparts, each of which shall be deemed an original and all of
which together shall constitute one and the same instrument. If
this Agreement is signed electronically, Horizon Technology Group,
Inc.'s records of such execution shall be presumed accurate unless
proven otherwise.
Force Majeure. Neither
party is liable for any default or delay in the performance of any
of its obligations under this Agreement (other than failure to make
payments when due) if such default or delay is caused, directly or
indirectly, by forces beyond such party's reasonable control,
including, without limitation, fire, flood, acts of God, labor
disputes, accidents, acts of war or terrorism, interruptions of
transportation or communications, supply shortages or the failure
of any third party to perform any commitment relative to the
production or delivery of any equipment or material required for
such party to perform its obligations hereunder.
No Third-Party Beneficiaries.
Except as otherwise expressly provided in this Agreement, nothing
in this Agreement is intended, nor shall anything herein be
construed to confer any rights, Terms of Service or equitable, in
any Person other than the parties hereto and their respective
successors and permitted assigns. Notwithstanding the foregoing,
User acknowledges and agrees that any supplier of third-party
product or service that is identified as a third-party beneficiary
in the Service Description, is an intended third-party beneficiary
of the provisions set forth in this Agreement as they relate
specifically to its products or services and shall have the right
to enforce directly the terms and conditions of this Agreement with
respect to its products or services against User as if it were a
party to this Agreement.
Government Regulations.
User may not export, re-export, transfer or make available, whether
directly or indirectly, any regulated item or information to anyone
outside the United States in connection with this Agreement without
first complying with all export control laws and regulations which
may be imposed by the United States government and any country or
organization of nations within whose jurisdiction User operates or
does business.
Marketing. User agrees that during the term of this
Agreement Horizon Technology Group, Inc. may publicly refer to
User, orally and in writing, as a User of Horizon Technology Group,
Inc.. Any other public reference to User by Horizon Technology
Group, Inc. requires the written consent of User.
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