For the remainder of this TOS FASTHockey shall refer to: FASTHockey.com, *.FASTHockey.com network sites, and FASTHockey, Inc.
- TERMS OF SERVICE
FASTHockey, Inc. on behalf of the conferences, leagues, teams, tournaments, and special events we provide streaming services for provide the Websites, the Content and the Services to you subject to the TOS. FASTHockey does not warranty the production quality of a broadcast including, but not limited to, cameara angles, in-game graphics, audio quality, commentary, or content, or any other portion in full, or in part, of a production. FASTHockey provides the technology, platform, and commerce components of a broadcast. FASTHockey may amend the TOS from time to time without notice to you, but if it does so, it will post the amended TOS on the Websites. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Websites, the Services or the Content after any amendment of the TOS signifies your agreement to the amended TOS. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
- SERVICES AND CONTENT
FASTHockey currently provides users with various features and services, including bulletin boards, fan-to-fan chats, social media, shopping, live and on-demand video offerings, and other interactive and non-interactive features, all of which may be updated, deleted or otherwise modified from time to time at the discretion of FASTHockey. In addition, FASTHockey also providse access to certain footage (video and audio), photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with FASTHockey, its member teams and the sport of hockey (collectively, the "Content"). Some of our features, services and Content require an access fee om the form of subscriptions, pay-per-view, or both (the "Pay Services") and others are free to use without the payment of an access fee (the "Basic Services"). The Basic Services and the Pay Services, including all features, services and Content on the Websites, are collectively referred to as the "Services". Unless stated otherwise, the Websites, the Services and the Content are subject to the TOS. You understand and agree that the Websites, the Services and the Content are provided "AS-IS" and that FASTHockey assumes no responsibility in connection with your use of the Websites, the Services or the Content. The Websites, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Under the TOS, you may stream (or download where applicable) certain Content and Services available on the Websites to a single personal computing device for your personal use and entertainment. You may not use any of the Content or Services for commercial purposes. The Services may not be viewed in areas open to the public or in commercial establishments where multiple people can view it at the same time. Further, you may not copy, distribute, modify, republish, broadcast, retransmit or publicly display any of the Content or Services, create derivative works of them, charge admission for their viewing, or transmit or distribute running accounts of them, unless you have the prior written permission of FASTHockey, which permission may be withheld in FASTHockey's sole discretion. The Content is provided for your reference only, and you should not rely upon it for any purpose. FASTHockey is not responsible for the Content's accuracy and reliability. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. FASTHockey is not responsible to you or anyone else based on the content of the Content or Services.
- ACCESS TO SERVICES
- In order to use the Websites or the Services or access the Content, you must obtain access to the World Wide Web and pay any access fees which are associated with the Pay Services as applicable. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.Programming, pricing, terms and conditions of Services are subject to availability and change. Customers need a highs speed internet connection to view content.
- Subscription activation for Pay Services, and subsequent ability to access Pay Services, including pay-per-view services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by FASTHockey (e.g., your IP address). Scheduled games may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber.
- Blackout restrictions may apply to Services which allow you to watch video of live games.
- IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR ACCOUNT WILL BE SUBJECT TO IMMEDIATE TERMINATION; AND FASTHOCKEY RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
- BACKGROUND INFORMATION
In order to use some of the Services, you may be required to register with FASTHockey by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services which require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or FASTHockey has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, FASTHockey has the right to suspend or terminate your password and refuse any and all current or future use of the Services. Any purchased but unusued Game Credits will be forfeited and no refunds will be given.
- USER PASSWORD AND SECURITY
You will select a password upon completing the registration process for use of the specific Services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that FASTHockey and their vendors have no responsibility or liability for any loss or damage arising from your failure to comply with this Section 6. Under no circumstances should your password be shared with another for any purpose. Sharing of user passwords, and multiple log in attempts by different individuals to the same account, whether for the express purpose of avoiding Content or Service fees is strictly prohibited and grounds for immediate termination under the terms of this TOS. Termination for any purpose by FASTHockey shall result in the forfeiture of any purchased but unused Game Credits-- there are no refunds.
- USER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not:
- upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or that FASTHockey judges to be otherwise objectionable, or that discloses personal or private matters concerning any person, restricts or inhibits any other person from using or enjoying any Website, or may expose the FASTHockey or their users to any harm or liability of any type, in each case as determined by FASTHockey;
- intimidate or harass another through either affirmative or passive means (offenders risk suspension and/or banishment from the Websites, as each member is solely responsible for his or her interactions with other members);
- post topics with the sole purpose of starting a dispute; visit team forums to cheer against or demean that specific team or cheer for their opponents; wish illness or injury on any member of FASTHockey or its affiliates, or on other Website members; or otherwise attempt to sow discord among any of the FASTHockey’ properties;
- harm or attempt to harm minors in any way;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
- upload, post, email or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
- harvest or collect email addresses or other contact information of other users from the Services or the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- upload, post, email or otherwise transmit any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Websites, the Services, the Content or servers or networks connected to the Websites, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites, the Services or the Content; or
- intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law.
FASTHockey reserves the right, but have no obligation, to become involved in any way with disputes between you and other Website members, and to resolve said disputes any way in which FASTHockey sees fit.
FASTHockey may offer you the opportunity to vote in connection with certain events. By casting your vote, you are agreeing to abide by the TOS and any and all voting guidelines posted on the applicable Website.
Notwithstanding any other term of this Agreement or any act or failure to act by the FASTHockey or their vendors, you agree to indemnify, defend and hold harmless FASTHockey, and each of its officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys' fees, arising out of (i) Messages you post to, submit or transmit through the Websites or the Services (including any links to other World Wide Web sites or resources contained in such Messages), (ii) your use of the Websites or the Services, (iii) your participation in any activities arising from the Websites, (iv) your connection to the Websites or the Services, (v) your violation of, or failure to perform your obligations under, the TOS or (vi) your violation of any rights of another.
You agree that the FASTHockey and its vendors, in their sole discretion, may terminate your password or use of the Websites and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if the FASTHockey believe that you have violated or acted inconsistently with the letter or spirit of the TOS. FASTHockeys may also in its sole discretion and at any time discontinue providing the Websites or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FASTHockey and its vendors may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that FASTHockey shall not be liable to you or any third party for any termination of your access to the Services other than as expressly provided for in Section 11 or 22 in connection with early termination of a Pay Service.
- FASTHockey ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that FASTHockey shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Websites or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Websites or in connection with the Services shall be at your sole risk.
- THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Websites and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources; other World Wide Web sites or resources may provide links to the Website. Because FASTHockey has no control over such sites and resources, you acknowledge and agree that FASTHockey is not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FASTHockey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource, or the actions of the operators of any such site or resource.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FASTHOCKEY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- FASTHOCKEY MAKES NO WARRANTY THAT (i) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE WEBSITES, THE SERVICES, THE CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND (vi) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FASTHOCKEY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FASTHOCKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITES, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY FASTHOCKEY, THEIR AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF FASTHOCKEY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF SECTION 17 ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF FASTHOCKEY TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR THE SERVICE OR CONTENT GIVING RISE TO SUCH LIABILITY.
FASTHockey may provide notices to you via email or postal mail. FASTHockey may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Websites or by posting an amended TOS on the Websites.
- PAY SERVICES
- Registration and Security
- You must complete a registration form to subscribe to all applicable Pay Services and to open a related account. As part of the registration process, you must select a user name and password. You must also provide certain registration information, all of which must be accurate and complete. You will not (i) select or use the user name of another person with the intent to impersonate that person, (ii) use a user name in which another person has rights without such person's authorization, (iii) use a user name that FASTHockey, in its sole discretion, deems offensive, (iv) permit any third party to use or access your Pay Service accounts using your user name and password, or (v) assign, transfer or sublicense your right to use or access any Pay Services to a third party. Failure to comply with any of the foregoing shall constitute a breach of the TOS, which may result in the immediate termination of your Pay Service accounts. In such case, you may also be responsible for damages resulting from your breach of the TOS.
- By registering for a Pay Service, you warrant that: (a) you are of age of majority in the jurisdiction in which you reside; (b) all information you submit is true and correct (including without limitation all credit card information); and (c) you are the card holder of the credit card.
- You will promptly notify FASTHockey of any known or suspected unauthorized use of your Pay Service accounts or any known or suspected breach of the security of your Pay Service accounts, including loss, theft or unauthorized disclosure of your password or credit card information. You will promptly change your password upon any loss, theft or unauthorized disclosure of your password.
- You are responsible for maintaining the confidentiality of your password and for all usage or activity on your Pay Service accounts, including use of the Pay Services by any third party authorized by you to use your user name and password. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party's use) of the Pay Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Pay Services accounts, FASTHockey may, in its sole discretion, terminate your Pay Service accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages resulting from any such fraudulent, abusive or otherwise illegal activity.
- Fees and Payment
- You agree to pay all subscription fees, pay-per-view fees, and other charges to your Pay Services accounts, including applicable taxes, in accordance with billing terms in effect at the time each fee or other charge becomes payable. FASTHockey reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Pay Services and to institute new subscription fees or other charges at its sole discretion with or without notice. You must provide FASTHockey, and their billing partners, with valid credit card information. YOU (AND NOT FASTHockey OR ITS BILLING PARTNERS) ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY YOU OR A THIRD PARTY, WHETHER OR NOT YOU AUTHORIZED SUCH BILLING. YOU ARE ALSO RESPONSIBLE FOR PAYING ANY AND ALL TAXES AND SIMILAR CHARGES RELATING TO YOUR PURCHASE OF THE PAY SERVICES. PLEASE NOTE: All sales are final. There are no refunds of any kind to customer debit or credit cards; PayPal; eCheck; or other payment methods. FASTHockey may, at its sole discretion, provide Game Credits to customers who experience issues viewing content.
- Products and Services
FASTHockey or its billing, service and fulfillment partners may provide you with certain products or services as a result of your subscription to FASTHockey or any other Service. THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR SUBSCRIPTION TO FASTHockey OR ANY OTHER SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.FASTHockey, AND FASTHockey BILLING, SERVICE AND FULFILLMENT PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR SUBSCRIPTION TO FASTHOCKEY PAY SERVICES OR BASIC SERVICES.
- System Requirements for FASTHockey offerings
Minimum (high speed internet required)
- Pentium III 1GHz or higher or equivalent AMD processor with a minimum of 512MB of memory.
- One of the following operating systems, Windows 98 Second Edition, Windows 2000, Windows ME, Windows XP, or Windows Media Center Edition
- Microsoft Internet Explorer 6 with Service Pack 2 or above, or Firefox v1.5 or above:
- IE: http://www.microsoft.com/ie
- Firefox: http://www.mozilla.com/firefox
- Macromedia Flash Player 9: http://www.adobe.com/products/flash/about/
- Internet connection bandwidth: 750 kbps (DSL/Cable or higher) minimum, or higher recommended.
- Free hard disk space: 300 MB
- Video adapter and monitor: Super VGA (1024x768) or higher.
Minimum Mac Requirements
- PowerPC G3 600 MHz
- Pentium III 1GHz
- Mac OS X 10.4+
- Macromedia Flash Player 9: http://www.adobe.com/products/flash/about/
- Firefox v1.5+: http://www.mozilla.com/firefox
- Flip4Mac v2.0+: http://www.flip4mac.com *
- Internet connection bandwidth: 750 kbps (DSL/Cable or higher) minimum, or higher recommended.
- Free hard disk space: 300 MB
- Video adapter and monitor: Super VGA (1024x768) or higher
- GENERAL PROVISIONS
The TOS constitute the entire agreement between you and FASTHockey and govern your use of the Websites, the Services and access to the Content, superseding any prior agreements between you and FASTHockey. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of FASTHockey to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
- CHOICE OF FORUM AND GOVERNING LAW
SUBSCRIBERS FROM OUTSIDE THE UNITED STATES SHOULD PAY PARTICULAR ATTENTION TO THE FOLLOWING:
THE TOS AND THE RELATIONSHIP BETWEEN YOU AND FASTHOCKEY SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. REGARDLESS OF YOUR PLACE OF RESIDENCE OR THE LOCATION FROM WHICH YOU USE THE WEBSITE, THE SERVICES OR THE CONTENT, THIS TOS CONSTITUTES AN AGREEMENT MADE IN THE COMMONWEALTH OF MASSACHUSETTS, USA. YOU AND FASTHOCKEY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COMMONWEALTH OF MASSACHUSETTS.