Terms of Service (TOS) THIS TERMS OF SERVICE (TOS) SET OUT THE ACCOUNT AND SUBSCRIPTION CONDITIONS FOR HYPERCONNECTION, INC.'S (HYPERCON) VARIOUS NETWORK SERVICES. READ THIS TOS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS. THIS TOS INCORPORATES THE TERMS AND CONDITIONS OF OUR ACCEPTABLE USE POLICY (AUP) BY REFERENCE. IF YOU DO NOT AGREE TO THIS TOS OR OUR AUP, YOU MAY NOT USE ANY OF THE NETWORK SERVICES AND YOU MUST TERMINATE YOUR ACCOUNT IMMEDIATELY IN ACCORDANCE WITH THIS TOS. 1.0 Incorporation of AUP This TOS incorporates all of the terms of the Acceptable Use Policy (AUP) in effect now or in the future and makes compliance with the AUP a specific provision of this TOS. 2.0 Account Terms Unless otherwise specified the following provisions apply to all dial up connection, email and hosting accounts. 2.1 Monthly Accounts We offer various accounts on a month to month basis at the rates then stated on our web site for that account type ("monthly accounts"). Monthly accounts may require a setup or installation fee that is separate from the account fee which is charged monthly. Changes to the monthly account fee are effective in the month following the month for which the account has been paid. Renewal charges may be sent up to 7 days in advance of the actaul renewal date to provide sufficient time for the customer to update invalid billing information before the account is deactivated. 2.2. Prepaid Annual Accounts We offer various accounts on a prepaid annual basis at the rates stated on our web site for that account type ("prepaid annual accounts"). Prepaid annual accounts may require a setup or installation fee that is separate from the account fee which is charged on a prepaid annual basis. The account fee in effect is the then existing rate for prepaid annual accounts at the time of signup and continues as the account rate for one year. Renewal charges may be sent up to 7 days in advance of the actual renewal date to provide sufficient time for the customer to update invalid billing information before the account is deactivated. 2.3. Termination by Subscriber Subscriber may terminate an account at any time upon written notice to Hypercon of such termination. Notice is effective only upon receipt by Hypercon. Discontinuation of or failure to use an account by a subscriber does not constitute termination and Subscriber shall be responsible for any account fees until receipt of written notice of termination by Hypercon. With the exception for refunds under section 2.5 Refund Policy, there will be no refunds for any terminated account. If a customer wishes to cancel before the next billing cycle, "auto-renew", in the account settings must be turned off or the cancellation received before the system auto-renews the account for the next term. Even if the cancellation is submitted at the beginning of a new term, the subscriber will NOT be refunded anyaccount fee which has already been charged. The cancellation request will be valid as of the end of the term. With the exception for refunds under the section 2.5 Refund Policy, there will be no refunds for any terminated account. 2.4 Termination by Hypercon We reserve the right to terminate any account for any violation of this TOS or the AUP by Subscriber or others using or appropriating Subscriber's account. In the event of non-payment of any account, we reserve the right at our discretion to either suspend or terminate the account until payment is brought current together with any late fee or interest. You agree that if your service is terminated for any reason, we have the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. There will be no refunds made on any account terminated by us. 2.5 Refund Policy There is no refund on monthly account fees or setup fees at any time. Annual Accounts may be refunded less twenty dollars ($20.00 USD) or the current charge for one month of service plus applicable setup fees, whichever is greater, only when the annual account is cancelled within 30 days of its original signup. 3.0 Limitation of Liability You agree that our maximum cumulative liability shall be limited to the then published account fee (but not any setup, install or other fees) for one month for dial up connection accounts. 4.0 Governing Law, Jurisdiction and Venue This TOS shall be governed exclusively by the laws of the State of Texas. You consent to personal jurisdiction in the State of Texas and agree that venue for all purposes shall be exclusively in Harris County, Texas. 5.0 Changes to this TOS We reserve the right to change or modify any term or provision of this TOS at any time by posting such change or modification to our web site. ----------------------------------------- Acceptable Use Policy (AUP) THIS ACCEPTABLE USE POLICY (AUP) SETS OUT ACCEPTABLE AND UNACCEPTABLE USES OF HYPERCONNECTION, INC.'S (HYPERCON) NETWORK SERVICES. READ THIS AUP CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS. THIS AUP INCORPORATES THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (TOS) BY REFERENCE. IF YOU DO NOT AGREE TO THIS AUP OR OUR TOS, YOU MAY NOT USE ANY OF THE NETWORK SERVICES AND YOU MUST TERMINATE YOUR ACCOUNT IMMEDIATELY IN ACCORDANCE WITH OUR TERMS OF SERVICE AGREEMENT (TOS) 1. Scope of this AUP & Your Agreement The purpose of this AUP is to protect and maintain the integrity of our network while maximizing the benefits and services available to our users. While this AUP is intended to delineate specific acceptable and non-acceptable uses of our network it is not all inclusive. We reserve the right to determine the acceptability of any use not specifically addressed in this AUP. You affirm and agree that you will not use any of our services in a manner that violates the letter or spirit of this AUP. If you are unsure whether a particular action violates this AUP, please contact a Hypercon representative. 2. Prohibited or Unlawful Activity Any activity that is prohibited by any applicable local, state, federal, or international law or regulation shall constitute a violation of this AUP. 3. Infringement Any activity that may or does constitute an infringement on another's copyright, trademark, tradename, tradedress, patent or other intellectual property shall constitute a violation of this AUP. 4. Spamming Prohibited Spamming of any type is a violation of this AUP. Spamming includes but is not limited to the sending of unsolicited bulk and/or commercial messages over the Internet using our network (whether by email, newsgroup posting or otherwise including assisting others through the use of our network) or collecting responses from such messages. We reserve the right to determine in our sole discretion whether any message or posting constitutes a violation of this provision. 5. Privacy Policies & Unauthorized Data Collection Gathering information including e-mail addresses about other users or visitors to our network without their consent is a violation of this AUP. All web sites residing on our network which collect any data in any manner must include a posted privacy policy stating with specificity the type of data collected and the uses of same. 6. Dial up Connections Maintaining a dial up connection by artificial means for the purpose of keeping the connection open while unattended, routing any dial up connection to more than one computer, operating a server of any type using a dial up connection for access to our network or connecting by dial up multiple times simultaneously with the same account without paying for concurrent service is a violation of this AUP. A dial up connection has "unlimited" accesses in regards to an account being able connect as often as deemed necessary, however, maintaining a connection for longer than twenty-four (24) consecutive hours is considered abusive and a violation of this AUP. 7. Dial Up Hosting As a convenience and added benefit to our dial up customers we provide web site storage and hosting on a limited basis with our dial up account. Upload of large files, whether intended for storage or subsequent download, are prohibited by this AUP. We reserve the right to limit the consumption of bandwidth by any site for any reason. These provisions govern only hosting services provided in conjunction with our dial up accounts. See our Hosting AUP for more information. 8. Resale Prohibited Resale of any service we offer or access to our network in any manner without our prior written authorization is a violation of this AUP. 9. Compliance with Upstream Provider Policies In addition to this AUP, you are subject to the provisions of any AUP or other applicable policy of UUNET/Worldcom. See http://www.uunet.com for more information. 10. Unauthorized Network Access and Network Abuse Access to any part of our network not directly available through the provided account mechanisms constitutes unauthorized network access and is a violation of this AUP. Unauthorized access includes but is not limited to attempts to bypass or circumvent any firewall or restricted gateway or other protected access point for which the user is not authorized for such access. Any activity that would or could affect the operation, stability or integrity of our network including but not limited to the implementation or assistance in denial of service attacks, insertion of viruses, trojan horses or other malicious code constitutes network abuse and is a violation of this AUP. 11. Right to Suspend or Terminate Services; Limitation of Liability We reserve the right to suspend or terminate, at our sole discretion, access to any service for violations of any provision of this AUP. You agree that if your service is terminated for any reason, we have the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. In the event of such suspension or termination, you agree that our liability is limited to the then existing price for one month of dial up service. 12. Governing Law, Jurisdiction and Venue This AUP shall be governed exclusively by the laws of the State of Texas. You consent to personal jurisdiction in the State of Texas and agree that venue for all purposes shall be exclusively in Harris County, Texas. 13. Changes to this AUP We reserve the right to change or modify any term or provision of this AUP at any time by posting such change or modification to our web site. 14. NOT RESPONSIBLE FOR TOLL, LONG DISTANCE OR OTHER CHARGES We are not responsible for any toll,long distance or other charges you may incur when dialing in to our services. Because phone services may vary, we cannot verify that any given dial up number you may select for access to our services is a local call for you. It is up to you to verify with your phone service provider the charges, if any, associated with any given dial up number.

To continue the signup process, you must acknowledge that you have read and accept our Terms of Service and Acceptable Use agreements.

Yes. I understand and agree to the conditions outlined in in the Terms of Service and Acceptable Use Policy agreements.


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