Next Generation
Services for Connected World
HYPERWEBENABLE.COM TERMS OF SERVICE AGREEMENT
If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
The following is the entire service agreement between HYPERWEBENABLE.COM. (HYPERWEBENABLE.COM) and the personal or corporate account holder (YOU / YOUR).
1. Service - HYPERWEBENABLE.COM will provide YOU with FREE domain and FREE storage space on a HYPERWEBENABLE.COM server for hosting a World Wide Web site (SITE) free www.HYPERWEBENABLE.COM, do not charge YOU user for the domain registration.
2. Privacy Policy - HYPERWEBENABLE.COM will not sell YOUR personal or financial information to any third parties. HYPERWEBENABLE.COM will not give YOUR personal or financial information to any law enforcement authorities or legal agents without a proper court order, subpoena or warrant.
3. Limitations:
- any content on YOUR Web site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by HYPERWEBENABLE.COM, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
- any files on YOUR account that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by HYPERWEBENABLE.COM, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
- YOU agree not to engage in any activity that can overwhelm HYPERWEBENABLE.COM servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts;
- YOU may not use any images, marks, or other content on YOUR Web site that is owned by any HYPERWEBENABLE.COM partner, without explicit licence or consent from that partner.
4. User liability - YOU are liable for all content on YOUR site, including the legality and preservation (i.e. making back-ups) of same.
5. Amendments - YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at www.hyperwebenable.com.
6. E-mail - e-mail service is subject to the following restrictions:
- YOU agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by HYPERWEBENABLE.COM, in its sole discretion, to be offensive, disruptive, obscene or inappropriate;
- YOU will not send spam mail (i.e. unsolicited e-mail);
- YOU will at all times be liable for the safeguarding of YOUR password and account information; and
- if YOU breach any term of this Agreement, HYPERWEBENABLE.COM reserves the right to delete YOUR mailbox without any compensation to YOU.
7. User obligation - YOU will at all times keep HYPERWEBENABLE.COM apprised of YOUR current contact and billing information.
8. Web site suspension / termination - if litigation or a similar adjudicative proceeding is commenced against YOU in respect of your SITE, or upon receipt by HYPERWEBENABLE.COM of a Court-issued copy of such proceeding, YOUR SITE will be temporarily deactivated. The deactivation period will last until YOU have filed an appropriate Defense in respect of such proceeding, or provided HYPERWEBENABLE.COM with a Court-issued copy of same. If YOU fail to defend any such proceeding, YOUR SITE will remain deactivated, without any compensation to YOU.
9. Domain name registration - No second-level domain names registered through HYPERWEBENABLE.COM every domain is directly registered by hyperwebenable.com
10. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.
11. Limitation of Liability - HYPERWEBENABLE.COM is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the HYPERWEBENABLE.COM server, or losses or damages arising from the use of the content or services provided by HYPERWEBENABLE.COM or third parties in connection withHYPERWEBENABLE.COM. HYPERWEBENABLE.COM is not responsible for any financial losses by YOU in association with YOUR SITE.
12. Indemnity - YOU agree to indemnify and hold HYPERWEBENABLE.COM harmless from and against, and to reimburse HYPERWEBENABLE.COM with respect to, any and all losses of every nature whatsoever incurred by HYPERWEBENABLE.COM arising out of (i) any breach of this Agreement by YOU; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE.
13. Termination - both YOU and HYPERWEBENABLE.COM have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. HYPERWEBENABLE.COM may terminate this Agreement at any time without notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm HYPERWEBENABLE.COM servers central processing units (CPUs), overwhelm HYPERWEBENABLE.COM staff , or engage in any conduct HYPERWEBENABLE.COM deems in its sole discretion to be disruptive or harmful.
14. Assignability - this Agreement is assignable to a third party by HYPERWEBENABLE.COM upon notice to YOU. Such notice will be published on the Web site www.hyperwebenable.com.
15. Renewal - Your site will be renewed every year and no fee or money charged for you all the renewal and other services will be paid by hyperwebenable.com only. We will never charge the user for site provided by us for any renewals, hosting and email or any other services provided by us every service is completely free.
16. General - the following terms apply
- this Agreement is governed by and construed in accordance with the applicable laws of the state of Santa clara and the federal laws of the United States and is treated in all respects as an Santaclara-based contract;
- the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
- any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;
- this Agreement, together with the policies prescribed at www.hyperwebenable.com constitutes the entire Agreement between YOU and HYPERWEBENABLE.COM;
- any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement;
- this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument;
- HYPERWEBENABLE.COM maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;
- any failure by HYPERWEBENABLE.COM in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and
- all remedies available to HYPERWEBENABLE.COM under this Agreement survive termination of this Agreement without limitation