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) »
