Terms of Service Agreement


  • Last Revised: February 20, 2019
  • Overview
    • This Terms of Service Agreement ("Agreement") with respect to the subject matter contained herein is entered into by and between HyperActive Concepts, Inc. ("HCI" or "HA Concepts") a Georgia corporation and you and is effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This agreement sets forth the basic terms and conditions of your usage of this site and the services and/or products purchased or accessed through this site, hereinafter referred to as ("Services"). Any additional service agreements that pertain to specific products and/or services are in addition to, not in lieu of this Agreement. If there is a conflict between any portion of this Agreement and any other Service Agreement, the portion of the specific Service Agreement will prevail.

    The terms "we", "us", "our" shall refer to HCI. The terms "you", your", "user" or "customer" shall refer to any individual, company or entity who accepts this Agreement, who has access to your account or uses the Services offered by HCI.
  • Changes in Agreement, Site or Services
    • HCI may at its own discretion, change or modify this Agreement and any policies or other agreements which are included herein, at any time, and such modifications or changes shall be made effective immediately, once posted on this Site. Your use of this Site and/or Services after changes are made and posted to this Site will replace prior version of said Agreements and your acceptance of said changes and modifications will be in effect. If you do not wish to be bound by this Agreement, then you should not use this Site or any of the Sites Services. HCI may notify you of changes to this Agreement, Site or Services via email. It is important that you keep your contact information current. HCI accepts no liability or responsibility for your failure to receive email notices from HCI.
  • Your Account
    • Some Services on this Site may require you to create an account. You agree that all the information that you provide to HCI when you create your account will be accurate, and complete, and you will keep your account information accurate and current. If at any time HCI believes that your account information is inaccurate or untrue, HCI reserves the right to terminate, suspend or deactivate your account.
  • Rules and Conduct for Use of this Site and Services
    You agree:
    • Your content you submit on this Site, your use of this Site and the Services will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations
    • You will not gather or collect or allow anyone else to gather or collect, post, publish, or promote any content (detailed below) or any personal information or non-public information about anyone without their prior written consent.
    • Your usage of this Site or any Service will not in any way or manner that will:
      • Be illegal or promote any illegal activities;
      • Promote, encourage or engage in child pornography in any way or the exploitation of children;
      • Promote, encourage or engage in terrorism (domestic or international), violence against any people, animals, or property;
      • Promote, encourage or engage in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
      • Violate the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
      • Infringe on the intellectual property rights of another User or any other person or entity;
      • Violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
      • Violate the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
      • Interfere or attempt to interfere with the operation of this Site or the Services found at this Site;
      • Contain or install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
      • Contains false or deceptive language, or unsubstantiated claims, regarding HCI or any of HCI's Services.
    • You will not copy, duplicate, or replicate in any way any part of this Site or Services without the written authorization of HCI.
    • You will not access or attempt to access any User Content via technology or any other means than through the Site as designed.
    • You will backup and store your own content for your use. HCI does not warrant or guarantee that it backs-up any Account or User Information and you agree and accept the risk of loss of any or all of your User Information.

  • Account Eligibility
    By creating an account or registering for using any Service on this Site, you are guaranteeing that:
    • You are at least 18 years of age;
    • You have the legal authority to enter into a legal agreement and form binding contracts on behalf of another person, company or entity legally
    • You will be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentially of your password and other information related to the security of your account.
    • The Service and data that you provide to HCI is hosted in the United States (U.S.) unless otherwise noted. If you access the Service from outside the U.S. you recognize that you are transferring your information outside of the U.S., and the content is subject to the laws if the U.S. and possibly not to the laws of the country in which you are accessing your information.
  • Availability of Website and Services
    • You understand that we shall use reasonable efforts to provide this Site and Services twenty-four (24) hours a day, seven (7) days a week. You recognize that from time to time, this Site may not be accessible for any reason including, but not limited to. periodic maintenance, equipment failure, replacement of equipment or repairs that we do from time to time or issues and causes beyond our reasonable control or may not be foreseeable including, but not limited to, power failure, network attacks, network congestion, telecommunications fault, or other failures. You acknowledge and understand that we have no control of the availability or the Site or Service(s) on a continuous and uninterrupted basis. HCI assumes no liability to you or any other party.
  • Compliance with the Law
    • You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside, or your organization is located regarding User Content, User Websites, online activities, email and your use of the HCI Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. All Services are operated by HCI from our hosted services which are located within the U.S. (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy). We make no representation that the Services are appropriate or available for use in other locations. If you access the Services outside the U.S. you are doing so at your own risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
    • The European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as defined in the GDPR), and we are a Processor (as defined in the GDPR) as such that you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You are also acknowledging and agreeing that you are solely responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
    • To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., online ecommerce store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
  • Billing and Payments
    • Payments
      It is your responsibility to make sure that your payment information is correct and up to date and that all invoices are paid on time. Your first invoice may include a prorated amount for the month you register or electronically sign up and include the next month as well. You are invoiced in advance for the specified time period for any Services that are provided by HCI. All payments received will be applied to the oldest outstanding invoice/balance on your account.
    • Autorenewal
      For each successive period, your contract is renewed automatically unless we are notified otherwise. Your billing period is determined by the billing option you chose at the time of registering or creating your billing account.
    • Billing for Licensing
      Billing for any software and/or licensing will be billing at the time you approved that particular product and will be renewed every month, quarter or annually thereafter depending on the term agreed and until canceled.
    • Billing for Services
      Billing for additional Services, including but not limited to, website maintenance, updates, etc. will be billed at the time the service has been completed depending on the agreement between you and HCI. This does not include projects, such as new websites, etc. Each Service like these will be agreed upon on an individual basis between you and HCI before the project begins.
    • Late Payments/Insufficient Funds
      All invoices are due within seven (7) days of the due date stated on the invoice. Any account who has an outstanding invoice after seven (7) days is deemed late and may be suspended or termination of all Services provided by HCI. If an account is suspended, there will be a one-time reactivation fee of $150.00 and payment in full of all outstanding invoices before the account is made active. This is for all Services and Products offered by HIC with the exception of Domain Names.
    • Fees
      HA Concepts charges a $45.00 fee for returned checks as well as chargebacks.
    • Disputes
      You have sixty (60) days to dispute any charge or payment that has been processed by HCI. If you have any questions concerning a charge on your account or your invoice, please contact our accounting department.
  • Cancellations
    You may cancel or terminate your Services with HCI by submitting a cancellation notice. HCI may, at is sole discretion refund any or part of the prepayment that may have been made at the time of the creation of your Service. Cancellations must be done online so that HCI is able to confirm your account and verify that you are prepared for your data to be removed from HCI servers. Cancellations will not be accepted via phone or standard email.
  • Domains
    • Domain Registration Domain registrations will be billed at the time the domain is secured for you for a period of one to five (1-5) years.
    • Domain Renewals Approximately ninety-days (90) prior to the expiration of your domain, you will be notified via email from domain-maanger@haconcepts.com. Please whitelist this email account. HCI is not responsible if you do not receive the domain renewal notices. HCI will follow all rules and regulations set forth by the Internet Corporation for Assigned Names and Numbers (ICANN) for domain renewals.
  • Refunds
    Any and all refunds will be processed in U.S. Dollars (USD) and HCI is not responsible for the fluctuation in the exchange rate in effect on the date/time of the refund. All funds will be subject to this fluctuation.
  • Termination
    HCI may terminate your use or access to any Product or Service without notice in case you (i) fail to pay any fees due; (ii) violate this Agreement; (iii) you harm HCI or others or cause HCI or others to incur liability, as determined by HCI; or (iv) as specified in such event HCI shall not refund any fees paid in advance of termination and you will owe and shall pay all fees accrued prior to the termination date.
  • CGI Scripts/Programs/Executables
    Any CGI-scripts, Programs or Executables deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
  • Unsolicited Email/SPAM
    Spamming, the sending of unsolicited mass email from or through an HCI server or using an email address that is maintained on an HCI machine is STRICTLY prohibited. HCI will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through an HCI server as a mail drop for responses. Violators will be assessed a minimum fine of $500 and/or immediate suspension of service.
  • Server Abuse
    Any attempts to undermine or cause harm to a HCI server or customer are strictly prohibited and may be cause for your account to be suspended or terminated at the sole discretion of HCI.
  • Software Distribution
    HCI shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@haconcepts.com to make special arrangements.
  • Actions and Warranties of HCI
    • HCI will utilize its best efforts to maintain acceptable performance of the contracted services, but HCI makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. HCI cannot guarantee continuous service, service at any particular time or integrity of data stored or transmitted via its system or via the internet. HCI will not be liable for the inadvertent disclosure of or corruption of erasure of data transmitted or received or stored on its system. HCI shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss of data resulting from delays, non-deliveries, or service interruptions caused by the fault or negligence of HCI. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
    • The failure by a customer to meet or follow any of the Terms and Conditions is grounds for the suspension of that customer’s account. HCI will be the sole arbiter as to what constitutes a violation of the Terms and Conditions. HCI reserves the right to remove any account without prior notice.
    • HCI may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, HCI will notify the appropriate law enforcement authorities of such violation. HCI does not issue credits for outages incurred through service disablement resulting from Terms use violations.
    • HCI's customers agree to indemnify and hold harmless HyperActive Concepts, Inc. and any subsidiaries of HCI and/or partners of HCI, from any claim resulting from the use of our services, packages and/or software that damages them or any other party. The HCI service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
  • Indemnity
    HCI expressly disclaims any representation or warranty that the HCI service will be error-free, secure or uninterrupted. No oral advice or written information given by HCI, its officers, directors. employees. agents and third-party service providers will create a warranty; nor may you rely on any such information or advice. HCI, its subsidiaries and its partners and services suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. You agree to hold harmless HCI, its officers, directors. employees. agents and third-party service providers from any and all claims, demands, costs, expenses, losses, liabilities and damages of any kind.
About

HyperActive Concepts is a web design, development and hosting company that's been in business since January 2000.

We have worked with individuals and businesses alike across multiple continents from North America to Europe to Asia. When you work with us, you will quickly see why we are still working with some of the same clients for over 17 years.

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