Terms of Service

The HiTech Creations Service provides you access to the multiplayer game Aces High™ and their associated message board.

I.  Your Account

All accounts are governed by and subject to the following rules:

1.  Use of your Account is expressly limited to you.  Your Account may not be transferred to any other party, temporarily or permanently.

2.  All information you supply to HiTech Creations regarding your Account, including your e-mail address, must be complete and accurate.

3.  You agree to bear sole responsibility for all use of your Account and for the confidentiality of your password.  HiTech Creations will suspend access or change access to your Account immediately upon notification by you through e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. that your password has been lost, stolen or otherwise compromised.

4.  Your HiTech Creations account may be cancelled, at any time, by the following methods:  select Delete Account from the Aces High™ Admin menu, by telephoning 817-431-8840 or by sending an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. directing us to cancel your account.  Termination of your HiTech Creations Account will be effective on the day that HiTech Creations receives your cancellation submission or phone call directing us to cancel your account and you have received an e-mail confirmation.  You will be liable for any charges, including any monthly fees, incurred by you until such effective date.

5.  You are responsible for any and all connection charges relating to access the HiTech Creations Service.

6.  Either you or HiTech Creations may terminate your HiTech Creations membership at any time, with or without cause.

7.  You agree to pay HiTech Creations all game play charges relating to the use of your HiTech Creations Account, in accordance with the rates and prices published and always available online at the time the Service is used.  Usage of certain special features or premium services may be subject to additional charges.  HiTech Creations reserves the right to charge additional finance fees for late payment at the highest rates permitted by law.  HiTech Creations reserves the right to change its rates and prices at any time, effective upon a 30-day written or electronic notice to current HiTech Creations members.  Continued game play after the effective date of a rate change will be deemed acceptance by you of the new rates.  For effective rates, please contact HiTech Creations at 817-431-8840.  Rates and prices are published online.

8.  Payment of your HiTech Creations account balance is due monthly and must be made by the credit card or debit card that you have designated for HiTech Creations use or by pre-payment in the form of a money order or check.

9.  In the event of rejection of any credit card charges or cancellation of your credit card, you agree to make immediate payment of all amounts owed by you to HiTech Creations within 10 days.

10.  You must promptly inform HiTech Creations of:  (1) changes in the expiration date of any credit card used in connection with the HiTech Creations Service;  (2) changes in a home or billing address;  (3) breaches of security, including loss, theft, or unauthorized disclosure or use of a credit card, ID, or password;  (4) changes in your e-mail address.  Until HiTech Creations receives notice of a breach of security, you will remain liable for any unauthorized use charged to your account.

11.  Subscribers are expressly prohibited from engaging in any activity that constitutes, in the sole opinion of HiTech Creations, system abuse.  System abuse shall include, but is not limited to, attempts to circumvent subscriber authentication or security of any host, network, or account ("cracking");  attempts to interfere with or deny service to any subscriber or any host;  furnishing false data on the signup form or via on-line application, including fraudulent use of credit card numbers;  and any commercial use of HiTech Creations accounts or services without the express written permission of HiTech Creations.  Subscribers expressly agree to use all of HiTech Creations services only for lawful purposes.  Transmission or storage of any information, data or material in violation of United States or state regulation or law or by the common law is prohibited, including but not limited to, material protected by copyright, trademark, trade secret, or any other statute.

 

II.  BILLING POLICY

1.  Accepted Forms of Payment:
Credit/Debit Cards - Visa, MasterCard, American Express, Discover
Prepayment - Check or Money Order mailed to:
HiTech Creations, Inc.
Att: Accounts

11751 Alta Vista, Su 203
Keller, TX USA 76244

Prepayments must be in US Dollars.  Please include your login ID and name on all payments.  You may print a copy of our Prepay Form to mail in with your check or money order.

2.  Billing Cycle - YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.  Upon subscribing after the initial two week trial period, you will automatically be billed for one (1) month fee.  You will be billed on the same date for each subsequent month of membership.

3.  Billing/Pricing Changes - HiTech Creations reserves the right to change its rates and prices at any time, effective upon a 30-day written or electronic notice to current HiTech Creations members.

4.  Deleted Accounts - Once a members account has been deleted, by HiTech Creations or member, it CANNOT be reactivated.  A new account would need to be created with a valid e-mail address for reception of password.  No guarantee is made or implied regarding the availability of the same handle or game ID.

5.  Suspension of Privileges - HiTech Creations reserves the right to suspend access to Aces High™ for the member immediately, without notice, upon rejection of any credit card charges, non-payment, dishonor or chargeback by Subscriber's bank of authorized charges or any other indication of credit problems, or for any reason whatsoever at HiTech Creations sole discretion without recourse from member.

6.  Returned checks - There will be a $25.00 USD service fee for any returned checks.

7.  Sales Tax - All TEXAS users will be charged 7.25% sales tax.

III.  REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENT

A.  You warrant that all material that you submit for publication or posting on the HiTech Creations Service will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous.  By submitting information or materials owned by you for publication or posting on, or distribution through, the HiTech Creations Service, you will be deemed to have granted HiTech Creations non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability.  HiTech Creations reserves the right, in its sole discretion, but is under no obligation, to refuse to post, delete or edit any information that you submit or enter onto the HiTech Creations Service, including but not limited to electronic bulletin boards, databases, and software libraries.  You agree that you will not hold, nor seek to hold, HiTech Creations liable for the loss of data or the misappropriation or infringement of any intellectual property right to which you claim ownership.  You agree that HiTech Creations is the owner of any and all copyrights and other interests in the game play.

B.  If ordering merchandise and/or services from anyone other than HiTech Creations, through any commercial service accessible on the HiTech Creations Service, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services.  HiTech Creations makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.

C.  You agree to indemnify and hold HiTech Creations, its parents, subsidiaries, content providers and their officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or anyone using your Account, and/or the infringement of any intellectual property or other right of any person in connection with your use of any portion of the HiTech Creations Service or your Account.

D.  This Agreement will remain in effect until either party elects to terminate the Agreement in accordance with the terms of this Agreement, or unless and until HiTech Creations notifies you that a renewal agreement must be entered.

E.  SOFTWARE LICENSE AGREEMENT
This AGREEMENT is a legal agreement between you (either an individual or a single entity) and HiTech Creations, Inc. ("HiTech") for the software accompanying this AGREEMENT, which includes the accompanying computer software, and may include associated media, and any printed, "online" or electronic documentation (collectively "SOFTWARE").  By installing the SOFTWARE, you agree to be bound by the terms of this AGREEMENT.  If you do not agree to the terms of this AGREEMENT, you may not install or use the SOFTWARE.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The SOFTWARE is licensed, not sold.

1.  GRANT OF LICENSE
This AGREEMENT grants you a non-exclusive, limited license to use the software.  You may use the software ONLY in a manner consistent with the grants and restrictions stated herein:

Personal Use.  You may install and use one copy of the SOFTWARE on a single computer for personal use only.  Commercial exploitation or use of the SOFTWARE is prohibited.

Distribution.  You may distribute copies of the SOFTWARE;  however, no separate charge may be made for copies of the SOFTWARE distributed hereunder.  Any distributed copies by you must contain this AGREEMENT and all copyright notices.

2.  RESTRICTIONS
Alterations.  You may not alter the SOFTWARE.

Authorized Hosts.  For host-based multiplayer services, the SOFTWARE must be used only to connect to authorized hosts.  You are not permitted to use the SOFTWARE to connect to hosts that have not been authorized by HiTech Creations.

Limitations of Reverse Engineering, Decompilation and Disassembly.  You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Rental.  You may not rent or lease or lend the SOFTWARE.

Support Services and Updates.  HiTech may provide you with support services related to the SOFTWARE and/or updates to the SOFTWARE.  Any supplemental software code provided to you as a part of such support services or updates shall be considered part of the SOFTWARE and subject to the terms of this AGREEMENT.

3.  TERMINATION.  Without prejudice to any other rights, HiTech may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT.  In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

4.  COPYRIGHT.  All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying documentation, and any copies of the SOFTWARE, are owned by HiTech or its suppliers.

5.  U.S. GOVERNMENT RESTRICTED RIGHTS.  The SOFTWARE and documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is HiTech Creations, Inc., 5849 Park Vista Circle, Suite B, Fort Worth, TX 76244.

6.  DISCLAIMER OF WARRANTIES.  HITECH AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT.  ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

7.  EXCLUSION OF ALL DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HITECH OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HITECH OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.  LIMITATION AND RELEASE OF LIABILITY.  The SOFTWARE was provided to you at no charge and HiTech has included in this AGREEMENT terms that disclaim all warranties and liability for the SOFTWARE.  To the full extent allowed by law, YOU HEREBY RELEASE HITECH AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.  If you do not wish to accept the SOFTWARE under the terms of this AGREEMENT, do not install the SOFTWARE.  No refund will be made because the SOFTWARE was provided to you at no charge.

9.  GOVERNING LAW.  This AGREEMENT shall be governed by the laws of the State of Texas, notwithstanding conflict of laws principles.  The parties hereby agree to the exclusive jurisdiction of the state and federal courts serving Tarrant County, Texas.  The parties also agree to service of process via certified or registered mail.

© 2021 HiTech Creations, Inc. All Rights Reserved.