|Last Revised: December 3, 2019|
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS IN USING OUR WEBSITE AND OUR SERVICE
HM reserves the right to revise its policies at any time without notice. However, you can check this page anytime for any updates.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Hyperlinks Media, LLC, a Texas limited liability company (“HM”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance on any service agreement HM offers. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control. The terms “we”, “us” or “our” shall refer to Hyperlinks Media. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Account Billing & Notifications / Email on File
Our account billing system requires a client email. It is your responsibility to provide us with an email address which is currently active for our billing notifications. All billing as well as all other email notifications will use this primary email address on file. It is your responsibility to ensure that the email address on file is current or up to date at all times. A secondary email is recommended as well. We cannot guarantee you receive all emails. You should login to your billing account from time to time to review all billing, notifications and settings.
Adding an Authorized Contact
The individual on your initial agreement/account is the only authorized contact that we will communicate with in accordance with your services/products. If you would like us to communicate with other contacts, you must email us their full name and their email address at [email protected] By doing so, you authorize this contact with the same authorization power as yourself on all matters related to this project and services. You may relinquish them as a contact by emailing us to do so. It is your responsibility to manage your authorized contacts with us.
If you have a domain name registered with HM, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. HM is not responsible for a lapsed registration due to outdated contact information associated with the domain. If you need to verify or change this information, you should contact our office via email or phone. If you do not wish to renew a domain name and it is set to “auto renew”, you MUST login to your account and REMOVE IT FROM AUTO RENEWAL. If you do not remove from auto renewal and the domain name renews automatically, we cannot refund the renewal purchase. If your domain(s) name is set to auto renew and your credit card information is current, we will auto renew it for you. If it is not set to auto renew, you should login and renew it immediately after you receive notice. Either way, you should login to review your settings in the domains management section of your account. Should you allow the domain to expire, you may be able to renew it for up to 5 days after the renewal date. During this time, the domain will not be accessible, so any website or email services associated with it will stop working.
After 5 days, your domain name will enter into “redemption” with the registrar. Once this happens, you can renew the domain name, however the registrar can require an additional fee to renew.
We recommend transferring your domain name to us under an Enom account. This will give us the ability to modify your DNS due to server upgrades or other issues. If you do not wish to transfer your domain name to us, it will be your responsibility to change your DNS setting for any DNS changes we may need. You will be emailed of any changes that would be required. If you do not make the DNS changes by date requested, it may cause you website, emails or both to go down until you make the changes. HM is not responsible for any downtime of any services due to any DNS changes that are not made by you. We will make every effort to resolve any DNS issues as quickly as possible.
Dedicated IP Address Allocation
Any request for a dedicated IP may be subject to IP Justification. Justification practices are subject to change to remain in conformity with the policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization. If a dedicated IP is issued, there will be an annual or monthly charge.
Third Party Providers
All transactions with third party providers are solely between the visitor, individual provider, and You. HM is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by HM are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
While we may or may not bill you for the third party services, we do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Backups and cPanel Access
Backing up your website and database is your responsibility. We will provide you Control Panel access (via cPanel) to your website files to download in order to backup. You may email or call us for your username / password at anytime. Only emails on file within our account system will receive username/password. It is your responsibility to back up all files and databases via cPanel.
HM is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data backups and to maintain all appropriate backup of files and data for your website at all times.
HM offers bi-monthly backups for an additional charge. Contact us to add this service.
HM services, including all related equipment, networks and network devices are provided only for authorized customer use. HM systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of HM system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. HM may, at its discretion, request and require documentation to prove access to a third party network or system.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to emails for abuse within 48 hours may result in the suspension or termination of your services.
HIPAA Disclaimer and PCI DSS Compliance
We are not “HIPAA compliant.” and do not offer PCI DSS compliance hosting.
Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the HM services may not be appropriate for the storage or control of access to sensitive data, such as information about financial, medical or health information. HM does not control or monitor the information or data you store on, or transmit through, our services. We specifically disclaim any representation or warranty that HM services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”) or PCI DSS standards. Customers requiring secure storage of “protected health information” under HIPAA or PCI DSS compliance are expressly prohibited from using HM service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that HM is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA or PCI DSS.
Zero Tolerance Spam Policy
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and the selling of lists will be treated as spam. Any user who sends out spam may have their account terminated with or without notice.
Both parties agree to electronic signatures for all transactions.
You agree to pay for the services received from HM, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. As a client of HM, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify HM of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via email to [email protected] Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled.
HM provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 5% late fee. Any invoice not paid after 21 days can result in an account suspension until the account balance has been paid in full. After 60 days, the account will be terminated and all data files may be deleted.
HM reserves the right to change the monthly payment amount and any other charges with prior day email notice.
Users may not:
- Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems — these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than 15 minutes.
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
- To help reduce usage, do not force html to handle server-side code (like php and shtml).
- Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting. 99.9% of HM clients never pass the bandwidth usage. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
If there is a physical downtime that is not within the 99.9% uptime you may receive a prorated amount of the time in increments of 1 day of credit on your account. Approval of the credit is at the discretion of HM dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
Customer agrees that it shall defend, indemnify, save, and hold HM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HM, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HM against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HM; (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 customers from HM’s server.
CUSTOMER AGREES HM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, NO BACKUP, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY HM AND ITS EMPLOYEES. HM SERVICES ARE PROVIDED ON AN “AS IS” BASIS. UNLESS EXPRESSLY SET FORTH IN THIS TERM OF USE, HM MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. HM IS NOT PERMITTED TO PROVIDE, AND DOES NOT PROVIDE, LEGAL ADVICE, AND CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE OF ALL CONTENT AND ADVERTISING WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS AND PROFESSIONAL RULES AND REGULATIONS APPLICABLE TO THE CLIENT. RECORDED CALLS MAY NOT MEET HIPAA REQUIREMENTS AND MAY NOT BE PRIVILEGED UNDER APPLICABLE LAW.
CUSTOMER AGREES HM WILL NOT BE LIABLE TO CLIENT (NOR TO ANY PERSON OR ENTITY CLAIMING RIGHTS DERIVED FROM CLIENT’S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING COST OF COVER, LOST REVENUES OR PROFITS OR LOSS OF BUSINESS OR DATA, ARISING OUT OF OR RELATING TO THE AGREEMENT, REGARDLESS OF WHETHER HM WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. CLIENT AGREES THEY SHALL HAVE NO RECOURSE AGAINST HM OR ITS DESIGNEES FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF CLIENT’S PROPRIETARY RIGHTS BY THIRD PARTIES OR FOR LOSS OR HARM DUE TO UNAUTHORIZED USE OF CLIENT’S CONTENT OR ADVERTISEMENT BY THIRD PARTIES. IN ANY EVENT, HM’s MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO HM HEREUNDER WITHIN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Terminations, Cancellation, or Suspension of any Services or Projects
Project deposits are used to lock in start dates and block-out labor time hours for a project. Due to this, and in the event that work is postponed or canceled at the request of CLIENT, HM shall have the right to retain the original deposit. In the event this amount is not sufficient to cover HM for time and expense already invested in the project, additional payment will be due. If additional payment is due, this will be billed to the CLIENT within 10 days of notification of cancellation. Files cannot be released until payment of any remaining labor time is made.
Billing is made in 30 day billing periods.Cancellation of services for domain name, hosting, and email must be made 30 days prior to cancellation and sent by email to [email protected] Cancellations made prior to 30 days cannot be refunded for that month of service.
Prior to initiating any dispute action by either party, the initiating party shall give the other party 60 days written notice of its dispute of this Term of Use. HM will provide such notice by e-mail to Client’s e-mail address on file with HM, and Client must provide such notice by e-mail to [email protected] During such notice period, the parties will endeavor to settle amicably by mutual discussions and any disputes, differences or claims whatsoever related to this Term of Use. Failing such amicable settlement and expiration of the notice period, any controversy, claim or dispute arising under or relating to this Term of Use shall finally be settled by American Arbitration Association.
Binding Arbitration Agreement
In arbitration, an informal hearing will be held in accordance with the binding arbitration rules by the American Arbitration Association. An arbitrator will render a decision which the arbitrator considers to be a fair resolution of the dispute. The arbitrator’s decision will be final and binding for both parties, and it is agreed that judgement on the decision may be entered in any court having jurisdiction. The arbitration shall be conducted in Harris County, Texas.
Disclosure to Law Enforcement
HM may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.