Terms of Service

HyperKVM, Terms of Service

1. HyperKVM, makes no guarantee of any kind, either expressed or implied for the service it is providing to its customers. HyperKVM, also disclaims any warranty of merchantability or fitness for a particular purpose. HyperKVM, will not be held responsible for any damages the customer incurs including loss of data resulting from delays, non-deliveries, misdeliveries, and/or service interruptions caused by the customer’s own negligence, customer’s errors or omissions, or due to the fault of any or all third parties. HyperKVM agrees to maintain and provide a high level of service to its customers.

2. Customer agrees to defend, hold harmless, and indemnify HyperKVM, from any liability, claim, loss, and/or damage and/or expense arising from any indemnifying party’s breach or liability of any stipulation set forth within this policy and resulting from the Customer’s use of service.

3. HyperKVM, accounts cannot be transferred or used by anyone other than the authorized account holder(s), nor may the Customer sell, lease, rent, or assign the connection or parts of the connection to any party not named as an authorized account signer. Customer may allow ftp access to its server without violating this agreement.

4. HyperKVM, requires that all parties who sign this agreement must be at least 18 years old for the contract to be valid.

5. HyperKVM, reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be credited into the system.

6. Once service is cancelled, the Customer may not reregister without the written authorization of HyperKVM.

7. Customer shall ensure that its use of HyperKVM's network services shall not disrupt the day-to-day operation of HyperKVM's LLC, network, equipment, etc. In incidences when an excessive amount of system resources is utilized by the customer, HyperKVM, reserves to right to limit the customer’s account and/or bandwidth to prevent disruption to other customers. HyperKVM will make attempts to contact customer prior to applying the aforementioned restrictions.

8. Use of HyperKVM, hosting services could involve listing the Customer’s participation in relevant directories, and Customer expressly grants permission for such listings.

9. Transferring your domain to another provider does not constitute canceling your account with HyperKVM. You must notify HyperKVM, to formally cancel your contract to avoid further charges.

10. HyperKVM, may have to contact Customer through an email provided by the Customer. It is the responsibility of the Customer to check email and respond to such said emails as needed.

11. The Customer is responsible for maintaining knowledge of all hosting services purchased from HyperKVM.

Acceptable Use Policies

1. Hosting provided to the Customer by HyperKVM, may only be used for lawful purposes. Transmission or publication of any information, data, or material in violation of any Federal, state, or any law is prohibited. This includes, but not limited to, material protected by copyright, trade secret or any other statute; threatening material; or obscene material. HyperKVM, reserves the right to remove any and all material within those aforementioned categories at any time upon the receiving of a complaint and/or notice of copyrighted material per published DMCA compliance policy. HyperKVM, will do everything within its power to contact Customer before disconnecting its service for not following these guidelines.

2. Customer agrees not to transmit, promote, or make available and software product or service that is illegal or violates this agreement. Such software, products, or services include, but not limited to, programs designed to send unsolicited advertisements (spamware, etc.) and unsolicited services to send advertisements.

3. Customer agrees not to transmit any communication which violates any applicable law or regulation that would likely be deemed offensive to any recipient.

4. Use of HyperKVM, hosting that is disruptive, damaging, unlawful, offensive, or intrusive, etc. as determined by HyperKVM, shall be considered a breach of this contract and may result in cancellation of service.

5. Under no circumstances shall hosting resources be used to transmit or distribute unsolicited bulk email (UBE or spam). Also, the sending of UBE from another service provider advertising a website, email address, services, or using any resource on HyperKVM, network is prohibited.

6. Customer must maintain an abuse role account email address per RFC 2142.

7. Customers are responsible for all its users and the actions of its users. Customers agree to ensure that any of their users abide by the rules set forth in this contract. Any complaints received will be forwarded to the Customer contact and must be resolved satisfactorily within 48 hours from initial notice. HyperKVM reserves the right to suspend access deemed inappropriate such as phishing schemes, etc. Repeat violations will not be tolerated.

Billing

1. All services are recurring unless otherwise agreed upon and will be charged to the credit card on file. Failure of the Customer credit card on file to pay for fees, may result in termination of services.

2. Customers are required to submit proper cancellation requests via online support ticket portal to the billing department. Requests for service removal will be applied to the next billing date.

3. All payments made to HyperKVM are non-refundable. Customer understands payment is for a digital service and no refunds are possible.

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