Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between Hightek Designs LLC ("Company", "we", "us", or "our") and you ("Client", "Subscriber", "User", or "you"). By accessing or using any websites, mobile applications, hosting infrastructure, or software services provided by Hightek Designs LLC (collectively, the "Services"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Services.

1. Services & Privacy Policy

• Scope of Services: Hightek Designs LLC provides web application development, software services, digital hosting, and related technology solutions.
• Privacy Policy: Your privacy is important to us. Our collection, use, and protection of your personal information are governed by our Privacy Policy. By using our Services, you acknowledge that you have read and agreed to our Privacy Policy, which is hereby incorporated into these Terms by reference.

2. Account Security & Responsibilities

• Account Credentials: You are responsible for maintaining the confidentiality of your login credentials, passwords, and access keys, as well as restricting access to your devices.
• Account Activity: You agree to accept full responsibility for all activities that occur under your account. You must notify us immediately at [email protected] upon becoming aware of any breach of security or unauthorized use of your account.

3. Acceptable Use Policy (AUP)

Services provided by Hightek Designs LLC may be used for lawful purposes only. You agree not to use the Services to:

• Violate any local, state, federal, or international laws or regulations.
• Distribute, host, or link to malware, ransomware, phishing schemes, credential harvesting tools, or unauthorized software/scraping tools.
• Engage in unauthorized network attacks, system disruption, or attempts to gain unauthorized access to any server or customer account on our network.
• Send unsolicited bulk commercial emails ("Spam") or maintain open SMTP relays. All bulk communications must strictly comply with applicable anti-spam laws (including CAN-SPAM and CASL) and standard email authentication protocols.
• Host, stream, or transmit content that infringes upon third-party intellectual property, trade secrets, or privacy rights.

4. Billing, Auto-Renewal, & Termination

• Billing Cycle: Services are billed on a recurring monthly or annual basis depending on your selected plan. Payments are due on or before your monthly Account Activation Date.
• Automated Payments: Credit cards and recurring payment methods are charged automatically. It is your responsibility to maintain valid, up-to-date payment information.
• Non-Payment & Reactivation: Accounts overdue by more than 24 hours may be suspended. Deactivated accounts may require a $50.00 reactivation fee prior to restoring service access.
• Cancellation & Refunds: Monthly subscription fees are non-refundable and will not be pro-rated upon cancellation. Annual pre-paid accounts may request a refund for unused full calendar months remaining in the term upon providing written notice prior to the 25th day of the preceding month.
• Cancellation Notice: Standard service cancellations require 30 days written notice submitted to [email protected].

5. Intellectual Property & Data Rights

• Client Content: You retain full ownership of all data, text, files, images, and content you upload or transmit through the Services ("Client Content"). You grant us a limited license to host, store, and transfer your content solely as necessary to provide the Services to you.
• Company Property: All software, underlying code, application architectures, interface designs, databases, graphics, and trademarks owned by Hightek Designs LLC remain the exclusive property of Hightek Designs LLC. You may not reverse engineer, decompile, copy, or redistribute our proprietary software or code without express written consent.
• Data Backups: Unless explicitly included as part of a separate managed backup service agreement, you are solely responsible for maintaining off-site backups of your own data and content.

6. Digital Millennium Copyright Act (DMCA) Safe Harbor

We respect the legal rights of copyright owners. If you believe that content hosted on or transmitted through our servers infringes upon your legal copyright, please submit a written DMCA Takedown Notice to our Designated Copyright Agent:

Notice requests must include a physical or electronic signature, identification of the copyrighted work claimed to be infringed, identification of the material to be removed, and sufficient contact information to reach the complaining party.

7. Limitation of Liability & Warranty Disclaimer

• "As Is" Basis: The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including fitness for a particular purpose or merchantability.
• Liability Cap: To the maximum extent permitted by applicable law, in no event shall Hightek Designs LLC, its officers, employees, or partners be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of profits, data, revenue, or business opportunity—arising out of or related to service outages, system downtime, loss of data, or server failure.
• Maximum Liability: Our total cumulative liability to you for any claims arising under or relating to this Agreement shall be limited to the total amount paid by you to Hightek Designs LLC for the specific service in question during the one (1) month preceding the event giving rise to the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless Hightek Designs LLC, its affiliates, contractors, and employees from and against any claims, liabilities, damages, judgments, losses, costs, or legal fees arising out of your breach of these Terms, your misuse of the Services, or any content uploaded to or transmitted through your account.

9. Governing Law & Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.
• Venue: Any legal action, suit, or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Stanly County, North Carolina, and you hereby consent to personal jurisdiction and venue in such courts.

10. Modifications to Terms

We reserve the right to modify these Terms from time to time to reflect changes in legal requirements, server infrastructure, or business operations. When material changes are made, we will update the "Last Updated" date at the top of this document and notify users via email or a message on our website. Your continued use of the Services after such modifications constitutes your formal acceptance of the revised Terms.