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TERMS OF SERVICE Hyperactive Inc. (“The Company”) agrees to provide services to the Customer, subject to the following TOS (Terms of Service) & AUP (Acceptable Usage Policy).
Hyperactive Inc. reserves the right to change this TOS & AUP at any time, without notice to the Customer.
Billing Policy
The following Terms of Use constitute Hyperactive Inc. Billing Policy and apply to ALL Hyperactive Inc. customers:
All charges are shown in US Dollars. Payments are to be made in US dollars and must be drawn from a US bank. Hyperactive Inc. accepts the following types of payment:
- Check or Money Order
- Credit Card (VISA, MasterCard, American Express, Discover)
- PayPal
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Hyperactive Inc. your credit card information, you authorize Hyperactive Inc. to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Hyperactive Inc. Billing Policy in the TOU. You are responsible for directly updating, or notifying Hyperactive Inc., of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
| In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Hyperactive Inc. that you would like to cancel your account.
| Hyperactive Inc. does not mail paper invoices or statements. Statements can be viewed and printed through Billing control panel.
| - Returned (NSF) Checks
Hyperactive Inc. charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
- Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received by Hyperactive Inc..
| Hosting plans will automatically renew until a plan is canceled. In order to cancel service, you must submit a cancellation ticket the the "Billing and Accounting" support department at https://support.hyperactivehosting.com . (Please include your domain name). Please be aware that there are no pro-rated refunds after the first 30 days of service
Cancellation requests must be received by Hyperactive Inc. a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Hyperactive Inc.. Hyperactive Inc. is unable to cancel your account effective for a future date. Hyperactive Inc. will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Hyperactive Inc. as soon as possible.
Hyperactive Inc. does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Hyperactive Inc. services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Hyperactive Inc. Corporation reserves the right to cancel any account, at any time, without notice, for any reason Hyperactive Inc. considers appropriate.
| Each of Hyperactive Inc. hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services and domain name registration.
| Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
| Hyperactive Inc. has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Hyperactive Inc. discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
| | Hyperactive Inc. policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle |
New Virtual/Reseller Accounts: All new virtual/reseller accounts will be setup within 1 business day.
New Dedicated Servers: All new Dedicated/Managed servers will be setup within 10 business days.
SPAM: Hyperactive Inc. takes a zero tolerance approach to the sending of spam email using the Company’s servers. Very simply this means that customers of Hyperactive Inc. may not use or permit others to use our network to transact in spam emails. Customers of the Company may not host, or permit hosting of, sites or information that is advertised by spam from other networks. Violations of this policy carry severe penalties, including termination of service without refund.
As our Customers are ultimately responsible for the actions of their clients, while using the Company servers it is advisable that Customers develop a similar, or stricter, policy for their clients.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer. Hyperactive Inc. will monitor Customer's bandwidth and disk usage. Each extra gigabyte of bandwidth exceeding the limit will be billed at $2.50 per gigabyte. Customer will be billed $2.50 for each extra 100megs space exceeding the limit for over 3 days. Over-usage fees will be billed at the end of the month. Failure to pay will result in account suspension.
System and Network Security: Users are prohibited from violating or attempting to violate the security of any network. Violations of system or network security may result in civil or criminal liability. Hyperactive Inc. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
Hyperactive Inc. is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which the Company determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at the Company’s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that the Company determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation:
Hyperactive Inc. reserves the right to suspend access to any customer if in the judgment of the the Company system administrators the customer's account or server is the source or target of the violation of any of the other terms of the AUP or for any other reason which the Company chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts or servers were suspended.
Hyperactive Inc. reserves the right to amend its policies at any time. All Customers of the Company must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification Policy:
Hyperactive Inc. reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all the Company services at your own risk. Hyperactive Inc. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of:
1. any injury to person or property caused by any products sold or otherwise distributed in connection with the Company’s servers;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from the Company’s server.
Hyperactive Inc. shall be the sole arbiter as to what violates this Policy.
Contact Information:
You must provide us with, and keep current, good contact information for you. E-mail contacts are used.
Hyperactive Inc. is not responsible for the content of any other websites linked to the the Company servers; links are provided as Internet navigation tools only. Hyperactive Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Hyperactive Inc. is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of our services. Hyperactive Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Accounts. Virtual Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as the Company’s Customer, are solely responsible for the content stored on and served by the Company’s server.
Server Management Clients Customer agrees to defend, indemnify and hold harmless the Company against liabilities for any damage caused by, or in connection with any content or services available through us. One Time Services
One time services include the Essential Server Setup, Fortified Server Setup, kernel upgrades, administrative time, any other non-monthly or non-ongoing services provided by the Company. No support will be given to these services, including troubleshooting any problems that occur caused by the services, unless the Company so chooses. Hyperactive Inc. reserves the right to refuse additional support. One hour minimum payments are required with administrative time. Payments and Fees: Establishment of this service is dependent upon receipt by Hyperactive Inc. of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date. Early notification is suggested to prevent such interruption in service.
Cancellations/Refunds: Setup Fees, One Time Services, and programming labor are NON-refundable under any circumstance, unless deemed appropriate by the Company. Monthly service charges will not be refunded if the refund is requested after the due date. The customer may choose to cancel at anytime. To cancel your account, send a ticket to the Billing Department. Confidentiality
Hyperactive Inc. will not use or disclose to others customer’s “Confidential Information”, except when necessary to perform the services under this Agreement. Hyperactive Inc. reserves the right to provide this information to its employees, representatives, and contractors. "Confidential information" includes customer's server login information and any information in which the customer has explicitly stated as confidential. Customer agrees to indemnify the Company on account of the unlikely compromise of the Customer's vital information. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT HYPERACTIVE INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HYPERACTIVE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ANY DIRECT OR INDIRECT RESULT OF ANY SERVICE PROVIDED BY HYPERACTIVE INC.; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY DAMAGES TO CUSTOMERS SERVERS CAUSED BY HYPERACTIVE INC. OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
Hyperactive Inc. is not responsible for any damages to Customer’s business. Customer agrees not to hold Hyperactive Inc. liable for any loss of data or damages to Customer or Customer’s business caused by the Company’s own negligence or a direct or indirect action by Hyperactive Inc.. In the event that such an incident occurs, customer acknowledges that Hyperactive Inc.’s maximum liability shall not exceed an amount equivalent to the charges paid by the Customer for services during the ninety (90) day period prior to the date damages occurred. Hyperactive Inc. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any loss, loss of profit, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, direct, or other damages, even if out of negligence. Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. The Customer acknowledges and agrees that the cost of service charged by Hyperactive Inc. does not take into consideration possible incidental, consequential, indirect, special, or accidental damages arising out of the use of the service provided by Hyperactive Inc.. The Customer acknowledges that the limitations set forth in this TERMS OF SERVICE are integral to the cost of service charged by Hyperactive Inc. in connection with the usage of services provided by Hyperactive Inc. and that were Hyperactive Inc. to assume any further liability other than as set forth herein, such costs of service would, out of necessity, be set substantially higher. THE CUSTOMER AGREES TO USE Hyperactive Inc.’s services AT YOUR OWN RISK. Hyperactive Inc. WILL NOT BE HELD LIABLE FOR ANY DAMAGES TO THE CUSTOMER, THE CUSTOMER’S SERVER(S), or THE CUSTOMER’S BUSINESS IN ANY CIRCUMSTANCE. This means if Hyperactive Inc. logs in to the Customer’s server, and damages the Customer’s server, websites, or business in any way, Hyperactive Inc.’s maximum liability is the amount equivalent to the actual price paid to the Company during the ninety (90) days prior to the date the damages occurred. If you do not accept or understand any part of our TERMS OF SERVICE and our ACCEPTABLE USAGE POLICY , do not sign up with our service.
By signing up with our service in any form, or utilizing our services in any form, you agree to accept, comply, and understand in full our TERMS OF SERVICE and our ACCEPTABLE USAGE POLICY .
Programming Customers This agreement constitutes a binding contract between Hyperactive Inc. and our Programming and Development Customers in addition to those set forth previously in this document. By using Hyperactive Inc's Design, Development and Programming services you are agreeing to this contract in it's entirety. Hyperactive may make changes or amendments to this contract at any time, and you agree it is your responsibility to monitor this page for changes that may affect you. If at any time you wish to no longer take part in Hyperactive Inc's Design, Development and Programming services for any reason, simply no longer submit work requests to us. Any work requested will be bound by this agreement in full.
Support and Troubleshooting.
- Hyperactive provides free of charge 30 days post project/task support and bug fixes. This does NOT include additions to functionality. Support covers only that code written by Hyperactive Inc. It does not cover the repair of bugs in third party applications or modules. New functionality requested by customer will be billed at our normal development rate. Hyperactive does NOT provide troubleshooting and testing of final product free of charge. This is billed and completed as a normal development process. Hyperactive does NOT do full site testing of completed code without your request. It is your responsibility to ensure the proper function of all aspects of your site, module, customization or application. Once issues are identified, either by Hyperactive or by customer, you have 30 days to request that they be repaired, free of charge by Hyperactive. Failure to inform Hyperactive of bugs or usability issues within 30 days of completion of your work constitutes your acceptance that your site is 100% functional and any further work, modification, design or changes will be billed at normal rates for development
Authorization to Charge Due Funds.- You accept that by taking part in Hyperactive Inc.'s services, you agree to allow us to charge you for services performed at the time of our choosing. Hyperactive Inc. will invoice you at least 6 hours prior to your credit card being processed. You will receive this invoice via email and have the ability to call and setup an alternative mode of payment or log in to our billing system and pay it manually.
- You agree that Hyperactive Inc. makes no claims as to the length of time it takes to complete your project. Hyperactive Inc. does its best to complete tasks and projects in a timely manner however due to unforeseen events, the time it takes to complete a project is completely unknown. Any time frame you are given should be strictly interpreted as a "loose estimate" with no guarantees of any kind.
- You accept that Hyperactive Inc. will charge you for any services you sign up for, including hosting fees, web development, php programming, graphic design, ssl certificates, IP Addresses, server space, bandwidth, and any and all other services sold, provided by or leased by Hyperactive Inc, that may or may not be listed here.
- You agree that by contracting Hyperactive Inc. to perform services , create designs or schematics, once work has begun, Hyperactive Inc. Will charge $60.00 per hour for those services performed or the listed price for any product or service if such is listed elsewhere in this website. This is charged whether or not the entire project is completed. We work on an hourly scale, and we charge for any labor used. In other words, there are no "Quotes for project". We cannot be responsible if you run out of funds half way through completion of a project, for this reason, we bill for "hours" not for projects.
- You agree that in the event a deposit was made to Hyperactive Inc., any due amount will be deducted from said deposit and the rest returned to you by company check within 7 business days.
- You agree you will under no circumstances, upon completion of work performed, reverse charges, or in any form cause or by any method cause those funds charged to be reversed from any banking institution in use by Hyperactive Inc. If you reverse charges for valid, and documented work performed, it will be viewed as fraud and a case filed with the United States Postal Service, as well as charges of copyright infringement.
- You agree that in the event you charge back funds, for programming and development tasks which we have completed,that you will be responsible for any and all legal expenses Hyperactive Inc. may incur in it's efforts to regain those funds.
- Submission of your credit card number or Paypal billing address to us constitutes full acceptance of this agreement. You fully agree to this provision and further release us to charge any funds owed to us for any and all products and services upon completion of each project, or its constituent tasks, or the payment date of your leased service.
- you agree that by the vary nature of the work, namely writing custom code on your website, which we cannot take back, that all sales of billed hours are final.
- You agree that failure to pay for services rendered will result in your account being locked/disabled until such time as your account balance is paid in full. You also agree that upon contracting Hyperactive Inc. for services, either contracted or leased, you agree to not hold Hyperactive Inc. liable for any loss of business or profit resulting from Hyperactive Inc. exercising its rights in compliance with this agreement.
**IF YOU DO NOT AGREE TO ALL OF THE ABOVE LISTED POINTS, DO NOT REQUEST HYPERACTIVE INC. TO PERFORM YOUR WORK** |
