Master | Terms of Service | Acceptable Use Policy | Service Level Agreement | Privacy Agreement

The TOS, AUP, SLA, and PA are subject to change with seven (7) days notice to the parties described herein.

2. Terms of Service
Customer agrees to the following terms of service:

Term: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.

Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge.  Future charges will appear as full monthly fees added to your existing anniversary billing date.

One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.

Cancellation: The Company requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is preferred through the online customer portal located under your hosting package details at http://manage.hypedhost.com. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.

Refunds & Disputes: All services rendered by The Company are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, domain purchases, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at http://manage.hypedhost.com/. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency. For shared hosting plans, we offer a 30-day-moneyback guarantee. Within the first 30 days of your hosting account, you are entitled to a full refund of your services which do not include the registration cost of a domain, if registered.

Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services and a $15.00 re-activation fee for shared/reseller hosting and a $50.00 re-activation fee for dedicated services. Customer shall maintain access to data and services through the service network. Failure to remit payment for services within fourteen (14) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after fourteen(14) days of non-payment will be destroyed for security and privacy reasons.

Data: The Company agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.

Identity Use: Customer agrees to use The Company logo, Company information, and related services in accordance to the approved marketing guidelines. Company agrees not to use Customer name, logos, or information without prior written consent of Customer.

Laws: Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Temecula, California, United States of America. Proper venue for legal remedies shall be Riverside County, Temecula California. All contact terms found herein shall be bound by California State Law or the Uniform Commercial Code whichever may be applicable.

Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.

Limitation of Liability: Except as described in the SLA, The Company shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.

Arbitration: Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.

Electronic Signature: Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.

3. Acceptable Use Policy

General Statement: HypedHost is dedicated to the unrestricted free transmission of information via the Internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the Internet's single most valuable feature. HypedHost is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. HypedHost does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Not withstanding anything found herein, HypedHost follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of the acceptable use policy is to inform all Customers of anticipated customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this document is intended to act as a guideline to service and not to be all encompassing.

Public Network: The primary purpose of the HypedHost public network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the public network is to utilize the network in any way so long as you do not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the public network. Violation, misuse, or interference of the public network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Server Content: HypedHost does not actively monitor account content for review. HypedHost believes in the free dissemination of information via our services. Account content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the acceptable use policy is deemed in compliance and shall remain intact. Adult content is not permitted on HypedHost accounts. Content deemed in violation will be addressed pursuant to the methods of resolution under the acceptable use policy.

IRC: HypedHost allows the use of private internet relay chat servers for communication among private parties. HypedHost absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of the acceptable use policy. Violation of the IRC policy will result in methods of resolution under the acceptable use policy.

Peer to Peer: HypedHost allows the use of internet peer to peer software for file sharing purposes. HypedHost highly recommends strict oversight and management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Peer to Peer policy will result in methods of resolution under the policy.

Bit Torrent: HypedHost allows the use of bit torrent protocols on the public network. HypedHost highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Bit Torrent policy will result in methods of resolution under the policy.

The following list represents per se direct violations of Acceptable Use Policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy.

Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of the acceptable use policy. Please refer to DMCA copyright infringement requirements at http://www.hypdhost.com/legal.php

Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.

Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy.

Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the acceptable use policy. This includes UseNet services located within the HypedHost network or unrelated third party networks.

Illegal Use: Any use of dedicated services in direct attempt of statutory illegal activities is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.

Child Pornography: HypedHost has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and the acceptable use policy.

Threats & Harassment: The HypedHost network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. HypedHost seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

Fraudulent Activities: HypedHost prohibits utilizing dedicated services or network services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy.

Denial of Service: HypedHost absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy.

Terrorist Websites: HypedHost prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

Distribution of Malware: HypedHost prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at HypedHost analyzes the latest root kit for new security analysis software.

Phishing: HypedHost strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Disclosure to Law Enforcement: Occasionally, HypedHost is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. HypedHost utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. HypedHost will notify customer of the information request as allowed by the subpoena.

Reporting Violation of the Acceptable Use Policy: HypedHost accepts reports of alleged violations of the acceptable use policy via email sent to abuse@hypedhost.com. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. HypedHost owes no duty to third parties reporting alleged violations due to lack of privity in contract law. HypedHost will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.

Methods of Resolution for Violations under the Acceptable Use Policy: The ultimate goal of HypedHost is to balance the rights and interest of our customers in the highly evolving internet world. HypedHost understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, HypedHost is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

Step 1: First alleged violation of AUP: a ticket will be generated under the master user account with information regarding the potential violation of the acceptable use policy. This is often a fact finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.

Step 2: Acknowledgement of violation of AUP: a ticket is generated under the master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.

Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time, HypedHost engineers will suspend the account in violation. As soon as the violation is addressed, the public access is restored and service continues as normal.

Step 4: Failure to address violation and remove violation: if customer fails to address the violation AND resolve the violation, a suspension of services will occur. This is a last resort for HypedHost and requires a complete failure in the resolution process on behalf of the Customer. A permanent suspension of services includes reclamation of all dedicated services and data destroyed at the end of the current billing cycle.

Disclaimer - HypedHost retains the right, at its sole discretion, to refuse new service to any individual, group, or business. HypedHost also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time or any severe violation to the AUP in discretion of a HypedHost engineer. HypedHost also retains the right to suspend accounts which are considered malicious or causing downtime without prior notice.

4. Service Level Agreement

The Service Level Agreement (SLA) is incorporated into the Master Service Agreement and applicable to all services delivered directly to Customers of HypedHost. The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with HypedHost. The uptime guarantees and the resulting SLA credits are applied in monthly terms unless specified otherwise. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.

SLA Credit Claim: To properly claim an SLA credit due, a master administrative user must open an SLA ticket located inside the customer portal at https://manage.hypedhost.com within seven days of the purported outage. Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable. The SLA claim will be researched by the appropriate department manager and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered or traded with other HypedHost customers. Please allow up to fourteen (14) days for the process of SLA claims.

SLA Claim Fault: Customers currently in arrears for monthly services do not qualify for SLA claims. Customers who have been in payment arrears three or more times in the previous twelve months do not qualify for SLA claims.  Valid SLA claims will not be credited to customer accounts until all abuse issues are resolved.  Customers making false or repetitive claims will incur a one time charge of $50 per incident for such claims. False or repetitive claims are also a violation of the Terms of Service and may be subject to service suspension. Customers participating in malicious or aggressive internet activities thereby causing attacks or counter-attacks, do not qualify for SLA claims and shall be in violation of the AUP.

Public Network: HypedHost guarantees 99.9% uptime on all public network services to Customers located in our servers. All public network services include redundant carrier grade internet backbone connections, advanced intrusion detection systems, denial of service mitigation, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table herein.

Redundant Infrastructure: HypedHost guarantees 99.9% uptime on the power and HVAC services to Customers located in our datacenters. All computer equipment and related services are served by redundant UPS power units with backup onsite diesel generators. Specific guarantees with SLA information are listed in the table below:

5. Privacy Policy

The Company considers customer privacy paramount and to demonstrate our firm commitment to privacy, the following agreement has been created to explain our policies and procedures in relation to all data collected.

Types of Data Collected

HypedHost collects data related to our users through the following methods:

• Automated means such as communication protocols and cookies
• Online registration and online signup forms
• Sales inquiries and transactions
• Online Customer communications
• Offline communications and interactions
• Third party sources of information

Depending upon the method of collection and use, the data collected may include information about the user from forms, registrations and transactions (such as name, title, address, company, phone number and e-mail address), financial/transaction information (such as credit card, cvv, and payment information), information about use of HypedHost web sites (such as electronic communications protocols, web pages visited, and cookies) and user preferences and privileges.

Electronic Communications Protocols and Cookies

HypedHost may receive data from you as part of the communication connection itself through the standard electronic greeting between your computer and our servers. This information often consists of network routing (where you came from), equipment information (browser type), internet protocol address, date and time. At this time our server will also query your computer to see if there are "cookies" previously set by HypedHost.com to facilitate log in or other site navigation procedures. A "cookie" is a small piece of information sent by a web server to store in a web browser so it can later be read back from that browser.

HypedHost may receive data from you as part of the communication connection itself through the standard electronic greeting between your computer and our servers. This information often consists of network routing (where you came from), equipment information (browser type), internet protocol address, date and time. At this time our server will also query your computer to see if there are "cookies" previously set by HypedHost.com to facilitate log in or other site navigation procedures. A "cookie" is a small piece of information sent by a web server to store in a web browser so it can later be read back from that browser.

Cookies: Some parts of the HypedHost site use cookies (including signup forms) to collect information about visitors' use of the web site and to facilitate return visits. The information collected from cookies is tracked to enhance security and/or to improve the functionality of the web site by avoiding duplicate data entry, facilitating navigation, and increasing the relevance of content.

Cookies on the site may collect the following information: a unique identifier, user preferences and profile information used to personalize the content that is shown, and user information to access HypedHost's user forums. Some cookies used by HypedHost.com may remain on the user's computer after they leave the web site, but the majority is set to expire within 30 - 365 days. There may be some cookies on certain tools that are of longer duration. Cookies may also be of benefit to you by creating a more streamlined login process, keeping track of shopping cart additions and preserving order information between sessions. In the future, as we enable further customization of the site, cookies will help in assuring that information provided to you will be the most relevant to your needs.

While we do not offer an opt-out on the site for cookies, browsers provide you with information and control over cookies. You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then have the opportunity to accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion.

The Data We Collect and How We Use It

HypedHost collects data from users for the following purposes:

To engage in transactions for service. Name, address, email, purchase details, and credit card/payment information may be collected and stored as part of the transaction history. The majority of the data collected under this category is contact information. HypedHost may need to share some of this data (address, payment) with credit card clearing houses, banking institutions, and other similarly situated third parties that are required to accomplish the transaction.

To provide future service and support. To provide future service and support. Information collected for this purpose is both contact data and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices.

To select content. Data may be collected to help create web site content and navigation that is most relevant and user friendly. This includes data collected as a result of site navigation as well as data provided in forms.

To respond to user inquiries and requests for information. This data includes registrations for online newsletters, opt-in mailing lists and specific requests for further information.

To provide various HypedHost communities, such as resellers, with relevant product alerts and updates. These updates are related to product releases, prices, terms, special offers and associated campaigns. This data is sent out as part of the program member signing up for the relevant program or online account.

To better tailor marketing to user needs. We may use information from purchases and requirements to provide you with timely and pertinent notices of product releases and service developments that address your needs and requirements.

To better respond to requests for service or quotes for product and equipment purchase. To better respond to requests for service or quotes for product and equipment purchase. HypedHost will pass contact information to the appropriate HypedHost sales person, or reseller for follow-up related to HypedHost products or services.

From referral "tell a friend" function. If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. HypedHost will automatically send the friend a one-time email inviting them to visit the site. HypedHost uses this data for the sole purpose of sending this one-time email and tracking the success of our referral program.

As a result of your participation in interactive discussions and public forums. There are parts of the web site that permit you to participate in interactive discussions. Some of these are moderated; all are subject to access for technical reasons. HypedHost does not control the content that users post and some may serve as public discussion forums. As in any interactive forum open to many users, you should carefully consider whether you wish to submit data and should tailor any other content submitted appropriately.

Customer Portal, Customer Customization, Preferences and Opt-Out

New Customers are automatically registered for access at http://manage.hypedhost.com. The customer portal allows users the ability to create users, add/delete users, add/delete user privileges and opt in (or out) of services and mailing lists. The customer portal provides them with control over their preferences for electronic information delivery.

HypedHost has also provided master users the ability to manage your account or profile of information. We maintain the data and allow master users to update it at any time. To change this information, you must be a current customer and login with a user ID and password and follow the prompts to "update my profile." We continue to expand the profile of services and information that you may access and update.

Please note that some email communications are not subject to general opt-out. These include communications related to downloads; communications about sales transactions; information about software updates, patches and fixes; disclosures to comply with legal requirements; and network upgrades or other related service maintenance.

Security

HypedHost is concerned with the security of the data we have collected and has in placed commercially reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, HypedHost uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details.

In the event that individual personal data is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, HypedHost will notify the affected individual of the breach by email or fax or, if HypedHost is unable to contact the individual by email or fax, then by U.S. mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for HypedHost or law enforcement to determine the scope of the breach and to assure or restore the integrity of the data system. HypedHost may delay notification if HypedHost or a law enforcement agency determines that the notification will impede a criminal investigation, unless and until HypedHost or the agency determines that notification will not compromise the investigation.

Policy Updates

If we are going to use your data in a manner different from that stated at the time of collection, we will notify you via email. In addition, if we make any material changes in our privacy practices that do not affect user data already stored in our database, we will notify you by email or post a prominent notice on this web site notifying users of the change. In some cases where we post the notice we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.

We may update this policy from time to time to describe how new site features affect our use of your data and to let you know of new control and preference features that we provide you.