Last modified 2009 04/16
Acceptable Use Policy for Web Hosting
DO NOT USE our web hosting services if you are unwilling to abide by the terms and conditions specified in this document.
HyperMedia’s Acceptable Use Policy (“Policy”) shown below shall be effective as of January 1st, 1998. The Policy will apply to all users of the hyperMedia network including existing hyperMedia customers and their end users. Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a hyperMedia customer, or a customer's end user, shall be considered violation of the policy and may result in criminal or civil prosecution, or in the canceling of your account with hyperMedia. Use of hyperMedia Construction Co, Inc. access services or web hosting constitutes acceptance of the terms and conditions posted below.
1. HyperMedia Construction Co. Inc. (hereafter known as HMC), Internet services may only be used for lawful purposes. Transmissions of any material in violation of US or state regulations is prohibited. This includes, but is not limited to: Copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless HMC, its affiliates, subsidiaries and suppliers from any claims resulting from your use of the service that damages you or another party. HMC reserves the right to disconnect users who violate the law.
2. HMC makes no warranties of any kind, whether expressed or implied, for the service it is providing. HMC also disclaims any warranty of merchantability or fitness for a particular purpose. HMC will not be responsible for any damage. This includes loss of data or monetary damages resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by hyperMedia negligence, client efforts, or omissions in either web hosting or access services.
3. HMC bills for development service in the following manner: 1/3 before beginning work, 1/3 when the “prototype” is available to the client for evaluation, and the final amount before the system is moved to a production environment. Invoices are sent out when the each of the project phases near completion. Any programs, art work, digital images, web pages etc.developed by HMC during the course of the project will remain the property of HyperMedia until full payment is received, after which they will become the property of the client.
4. Web Hosting services may be cancelled by either party at any time with no penalty. If you elect to terminate your service in this manner, charges will cease upon receipt by HMC of your request. Hosting charges will be prorated.
5. HMC reserves the right to change the rates and otherwise modify these terms and conditions by notifying clients 10 days in advance of the effective date of the change. If you do not request your service to be terminated presumed that you consent to the new terms, conditions, and rates.
HyperMedia’s standard rate structure as of January 1st, 2017 is:
For significant consulting or development projects we prefer to issue a formal quote prior to undertaking any work.
6. HMC reserves the right to terminate any account if in their opinion their services are being abused or if payment is not received in a timely manner. HMC reserves the right to disconnect an active session or deactivate a web site or DNS address if payment is not received in a timely manner.
7. HMC cannot be held responsible for any hardware or software damage caused by the installation of any software which it distributes or recommends, or any technical advice provided by its employees. The user is responsible for paying any applicable software license fees for commercial packages they have asked HMC to install on their behalf.
8. It is the clients responsibility to maintain their own domain name and to ensure that billing and contact information is correct. Since internet DNS registrations are done through independent registration bureau's (such as Dotster or Netsol for example) HMC cannot be held responsible financially or in any other way for the loss of a domain name or errors attributable to incorrect DNS information. HyperMedia must be notified by the client by letter or E-mail at least 30 days prior to the expiration of a domain name if HMC is maintaining the DNS records and/or registration and the name is no longer required. If this is not done the client will be responsible for paying any DNS renewal fees incurred by HMC on behalf of the client.
9. HMC cannot be held financially responsible for the loss of e-mail, either received or sent. HMC will retain e-mail on their servers for a maximum of 60 days. Email messages older than 60 days are automatically deleted from HMC servers.
10. HMC reserves the right to modify this agreement at any time, effective upon posting of the modified Policy to the following URL: http://www.hypermediadesign.com/terms.php
These terms and conditions supersede all previous representations, understandings or agreements and shall supersede any other terms and conditions of any order submitted or any prior price quoted.
If you have any questions concerning the Policy, please contact HyperMedia at 207-869-5044.
10 Harvey Brook Drive, Freeport, Maine 04032
HyperMedia Acceptable Use Policy