HyperMart's User Agreement
Your use of HyperMart services is subject to the terms and conditions set forth in these HyperMart Terms of Service ("Agreement"). This Agreement explains (i) what's allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights HyperMart has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and HyperMart and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.
NOTICE: this Agreement includes an alternative dispute resolution provision for disputes that may arise between users of our Services and HyperMart or its corporate affiliates. Please see Section 25(b) below which includes an Arbitration Agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.
Eligibility, Registration and Account Security
This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with HyperMart. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.
HyperMart Services do not comply with the U.S. Health Insurance Portability and Accountability Act ("HIPAA"). This section describes our policy on HIPAA in more detail.
Term and Termination Policy
HyperMart offers hosting plans for a fixed period of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to leave HyperMart. The instructions to cancel or disable automatic renewal can be found here.
To ensure uninterrupted service, your Services will automatically renew on your renewal date. This section explains this process in more detail.
Refunds and 30-Day Money-Back Guarantee
This section describes HyperMart's refund policy and 30-Day Money-Back Guarantee. If you purchase an account with a thirty (30) day money-back guarantee and cancel during the first thirty (30) days of your term, you may receive a full refund of all basic hosting fees paid. If your hosting plan included a free domain name and you cancel the Services, there is a non-refundable $15 domain fee. This fee not only covers our own costs, but you are welcome to keep the domain name and transfer it or point it to elsewhere.
All Users are required to comply with applicable law and have certain obligations with respect to their use of HyperMart Services. You are also required to cooperate with HyperMart and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.
Billing and Payment
HyperMart offers a great range of Services to suit everyone's needs and at prices to suit everyone's pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.
Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.
Governing Law and Arbitration
The governing law and jurisdiction provision as set forth in Section 25(a) shall apply to all Users. For Users who purchased or signed up for the Services after July 1, 2017, the arbitration clause in Section 25(b) shall also apply.
This Agreement is an agreement between The Endurance International Group, Inc., operating as HyperMart (collectively, "HyperMart") and you ("User"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HyperMart and of the HyperMart website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the HyperMart website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have as a current customer to accept or reject changes, where required by law or otherwise made available. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
This file was last modified on August 9, 2017.