Terms of Services
All services provided by Hightek Designs LLC ("Hightek Designs LLC") may be used for lawful
purposes only. Transmission, storage or presentation of any information, data or material in
violation of any United States federal, state or city law is prohibited. This includes, but is
not limited to: copyrighted material, material we judge to be threatening or obscene, or
material protected by trade secret and other statute. The subscriber agrees to indemnify and
hold harmless Hightek Designs LLC from any claims resulting from the use of service which
damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging
to Hightek Designs LLC' servers, or any other server on the Internet. Links to such materials
are also prohibited.
Examples of unacceptable content or links:
- pirated software
- hacker programs or archives
- Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES,
PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT
WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY.
ADDITIONALLY, HIGHTEK DESIGNS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of traffic
allowance. We monitor all accounts and will suspend until next month your account if traffic
exceeds purchased amount. You can however agree to be billed $1.00 for each gig of traffic
exceeded if you need your website to be up. This amount is not prorated, meaning that 1 mb - 1
gig will be treated and billed as the same.
IRC
We currently do not allow IRC or IRC bots to be operated on our
servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer
of Hightek Designs LLC is strictly prohibited. Should you violate the Terms of Services outlined
within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend
service, at our sole discretion.
All sub-networks, distributive hosting sites and
dedicated servers of Hightek Designs LLC must adhere to the above policies, with the exception
of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, Hightek Designs LLC
shall either: (1) debit the client's credit card (when such information has been provided by the
client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable
Service Fees for services rendered for the current month. When an invoice is delivered to the
client, payment shall be remitted to Hightek Designs LLC by no later than the specified payment
due date. Hightek Designs LLC shall be entitled to immediately terminate this agreement for
client's failure to make timely payments. You will be provided with an invoice on a monthly
basis. All credit cards are billed automatically on a monthly basis. It is the client's
responsibility to ensure that they have sufficient credit to cover this transaction. In the
event that there is insufficient credit, we will send an e-mail notification, at which point we
will need to be provided with another credit card account number within 24 hours. If we do not
receive a response within 24 hours, the account will be suspended. Any bad check received by
Hightek Designs will be subjected to a $75 fee plus any bank charges given to us.
Service Fees
Certain services carry a set-up fee charged by
Hightek Designs LLC to client, which must be paid by client in order to have use of said
services. If client terminates this agreement, client shall be responsible for any and all
outstanding fees owed to Hightek Designs LLC and agrees to pay any and all fees incurred by
client. Because the services are provided on a monthly basis, the client will be responsible for
service fees incurred each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the 15th day of a particular
month, the client will be responsible for service fees for the entire month, and such fees will
not be pro-rated or refunded. If client has retained the services for one year and has pre-paid
Hightek Designs LLC for such services, refunds will be issued for any unused full month of the
services, upon client's request. Therefore, if client's account is canceled at any point during
the one-year term, client will be entitled to a refund for the months remaining, after notice
given by the 25th day of the preceding month.
Account Deactivations
Any account deactivated due to non-payment will
require a reactivation fee of $20.00 prior to reactivation.
Spamming: Sending unsolicited bulk and/or commercial information over the
Internet. It is not only harmful because of its negative impact on consumer attitudes toward
Hightek Designs LLC, but also because it can overload Hightek Designs LLC' network and
disrupt service to Hightek Designs LLC' subscribers. Also, maintaining an open SMTP relay is
prohibited. When a complaint is received, Hightek Designs LLC will investigate and shutdown
the account that is SPAMing. A charge for violating this policy will be charged to the
person initiating the SPAM. Futhermore Hightek Designs LLC reserves the right to prosecute
for this violation. A $100.00 charge will be assessed PER EMAIL sent should
Hightek Designs LLC choose to pursue and prosecute. Sending more then 1000 e-mails a day
slows down the server and is considered to be spamming. If we find that you are sending more
then 1000 e-mails a day we will suspend your account without notice and will not
issue a refund. Each e-mail sent past the 1000 mark will be considered spam and will charge
you $100.00 per e-mail.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts.
No refunds are given on any VPS or dedicated servers or setup fees for VPS
or dedicated servers. We require 30 days notice for a cancellation. All down payments are
NON-REFUNDABLE.
Refusal of Service
We reserve the right to
refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Hightek Designs LLC shall not be responsible
for any claimed damages, including incidental and consequential damages, which may arise
from Hightek Designs LLC ' servers going off-line or being unavailable for any reason
whatsoever. Furthermore, Hightek Designs LLC shall not be responsible for any claimed
damages, including incidental or consequential damages, resulting from the corruption or
deletion of any web site from one of Hightek Designs LLC ' servers. All damages shall be
limited to the immediate termination of service.
ViolationsViolations of these Acceptable Use Policies should be
referred to
[email protected].
All complaints will be investigated promptly. Failure to follow any term or condition will
be grounds for immediate account deactivation.
Disclaimer
Hightek Designs LLC cannot be held liable for system down
time, crashes or data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. Certain services provided by
Hightek Designs LLC are resold. Thus, certain equipment, routing, software and programming
used by Hightek Designs LLC are not directly owned or written by Hightek Designs LLC.
Moreover, Hightek Designs LLC holds no responsibility for the use of our clients' accounts.
Failure to comply with any terms or conditions will result in the automatic deactivation of
the account in question. We reserve the right to remove any account, without advance notice
for any reason without restitution, as Hightek Designs LLC sees fit.
Account Activation
By activating your account with Hightek Designs LLC,
you agree to the above policies and disclaimer. Upon requesting activation of an account,
you are required to accept these policies, guidelines and disclaimer, and a copy of your
acceptance is forwarded along with your activation request to be maintained with your
account information.
NOTICE: If you sign up for an account and fail to comply with these terms,
no refunds will be given.
End-user Support
Hightek Designs LLC agrees to support all customers
through the facilities provided on our website (Help Desk).
Hightek Designs LLC reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right to increase any
pricing and make changes to our account plans without notification.