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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. All accounts renew automatically. 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.

2.2. 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. All accounts renew automatically. 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. Subscribers must cancel before their next renewal date. 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 any account 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 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) »

 

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