Internet Subscriber Account (ISA) Terms of Service
1. ACCEPTANCE OF TERMS: Welcome to the Florida Department of Transportation’s
Internet Subscriber Account System. This service is provided to you, subject to
the following Terms of Use ("TOU"). In addition, when using the Service, you shall
be subject to any posted guidelines or rules applicable to such services. All such
guidelines or rules are hereby incorporated by reference into this TOU.
2. YOUR ACCOUNT: In consideration of your use of the Service, you
agree to: (i) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form and (ii) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete or the Department
has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, the Department has the right to suspend or terminate your
account and refuse any and all current or future use of the Service, or any portion
thereof with or without notice. You will receive a password and account designation
(the email address you designate) upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities using your account. You agree to (i)
immediately notify Customer Support of any unauthorized use of your password or
account or any other breach of security, and (ii) ensure that you exit from your
account at the end of each session. You are entirely responsible for all content
that you upload, post, email, transmit or otherwise make available to the Department
through the Service. The Department and its agents involved, directly or indirectly,
in the delivery and operation of the Service, shall not be liable for any loss or
damage arising from your failure to comply with this section.
3. USE OF ACCOUNT / EMAIL ADDRESS: You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible for all
activities using your account. NOTE: Any person with access to the email address
you provide as your account identifier will have access to your Internet Subscriber
Account. For this reason, the email address you provide to us as your Internet Subscriber
Account must not be shared with other persons or parties, or transfered to anyone.
4. CUSTOMER SUPPORT: The Department shall provide customer support
to you sufficient for questions involving use of the Internet Subscriber Account
Service during the hours of 8:00 AM Eastern Standard Time and 5:00 PM Eastern Standard
Time, Monday though Friday – excluding major holidays. The following support services
include a customer support telephone number (866-955-4357) and a customer support
email address (FDOT.ServiceDesk@dot.state.fl.us). All non-security related questions
should be directed to the office that you are working with or need information from.
A list of offices can be found at http://www.dot.state.fl.us, or you can contact
the Department of Transportation's Public Information Office. 5. THE FLORIDA PUBLIC
RECORDS ACT Any information provided to the Service is subject to the conditions
set forth in the Florida Public Records Act, Section 119.07, Florida Statutes. The
Florida Statutes may be accessed at: http://www.flsenate.gov/.
6. PRIVACY STATEMENT: Registration Data and certain other information
about you are subject to our Privacy Statement, which may be amended from time to
time without notice. For more information, see our full Privacy Statement at the
bottom of every page.
7. TERM AND TERMINATION: Once you have accepted the TOU, an agreement
has been created between you and the Department for use of the Service. You may
terminate the Service by submitting a written request via email, fax or through
our on-line system and receive confirmation from the Department. The terms of the
TOU will survive termination. You agree that the Department, in its sole discretion,
may terminate your account or use of the Service with or without notice, and remove
and discard any content within the Service, for any reason, including, without limitation,
for lack of use or if the Department believes that you have violated the TOU. Further,
you agree that the Department or its agents shall not be liable to you or any third-party
for any termination of your access to the Service for any reason.
8. AVAILABILITY: The Department will use reasonable efforts to
make the Service available, except for downtime for scheduled and unscheduled maintenance,
and will promptly investigate any technical problems that you report to us.
9. DISCLAIMER OF WARRANTIES: You expressly understand and agree
that:
a. Your use of the Service is at your sole risk. The Service is provided on an "as
is" and "as available" basis. The Department expressly disclaims all warranties
of any kind.
b. The Department makes no warranty that (i) the Service will meet your requirements;
or (ii) the Service will be uninterrupted, timely, or error-free.
c. The use of the Service is done at your own discretion and risk and you shall
be solely responsible for any damage including but not limited to your computer
system or any loss of data.
d. No advice or information, whether oral or written, obtained by you from the Service
shall create any warranty.
e. The Department may modify the Service and amend this TOU at any time without
notice.
10. INDEMNIFICATION: You agree to indemnify, defend and hold harmless
the Department, including its officers, employees, and agents from any claim, loss,
damage, cost, charge and expense, including attorney's fees, arising out of or related
to your use of the Service or this TOU.
11. LIMITATION OF LIABILITY: You expressly understand and agree
that the Department, including its officers, employees, and agents involved, directly
or indirectly, in the delivery and operation of the Service, shall not be liable
for any direct, indirect, incidental, special, consequential or punitive damages,
including but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses (even if the Department has been advised of the possibility
of such damages), resulting from: (i) the use or the inability to use the Service;
(ii) unauthorized access to or alteration of your transmissions or data; (iii) statements
or conduct of any third party on the Service; or (iv) any other matter relating
to the Service.
12. APPLICABLE LAW: The laws of the State of Florida, without regard
to principles of conflict of laws, shall govern the TOU and any dispute between
you and the Department that might arise under or relate to the TOU. Without limiting
the foregoing, the exclusive venue of any legal or equitable action that arises
out of or relates to the TOU or your use of the Services shall be the appropriate
state court in Leon County, Florida.