Terms of Service

TrustedWebPros.com is solution of HyperWave Consulting, LLC.

Terms of Service

HyperWave Consulting, LLC., and TrustedWebPros.com provides website builder, web hosting and web development services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by HyperWave Consulting, LLC., and TrustedWebPros.com website are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless HyperWave Consulting, LLC., and TrustedWebPros.com website from any claims resulting from the subscriber's use of HyperWave Consulting's and TrustedWebPros.com's services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

IRC Software
Pirated software
Hacking sites, programs or archives
Warez Sites
Distribution of music files or any other material in which the account holder does not own the copyright.

HyperWave Consulting, LLC., and TrustedWebPros.com website will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising - Email:

Spamming, i.e. the sending of unsolicited email, from any HyperWave Consulting, LLC., and TrustedWebPros.com server or any server located on the HyperWave Consulting, LLC., and TrustedWebPros.com network is STRICTLY prohibited. HyperWave Consulting, LLC., and TrustedWebPros.com will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at HyperWave Consulting, LLC., and TrustedWebPros.com.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by HyperWave Consulting, LLC., and TrustedWebPros.com customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any HyperWave Consulting, LLC., and Trusted Web Pros hosted domain, or referencing any HyperWave Consulting, LLC., and TrustedWebPros.com account, is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.

Advertising & Promotions Limitations

In the following scenarios HyperWave Consulting, LLC., and TrustedWebPros.com clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at HyperWave Consulting, LLC., and TrustedWebPros.com. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by HyperWave Consulting, LLC., and TrustedWebPros.com.

Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
Any illegal or unlawful activity
Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.

Server Abuse - Any attempts to undermine or cause harm to a HyperWave Consulting, LLC., and TrustedWebPros.com server or subscriber of HyperWave Consulting, LLC., and TrustedWebPros.com is strictly prohibited including, but not limited to:

Logging into a server or account that you are not authorized to access
Accessing data or taking any action to obtain services not intended for you or your use
Attempting to probe, scan or test the vulnerability of any system, subsystem or network
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
Interfering with, intercepting or expropriating any system, data or information
Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of HyperWave Consulting, LLC., and TrustedWebPros.com website and all dedicated servers must adhere to the above policies.

Password Security and Account Authorization

HyperWave Consulting, LLC., and TrustedWebPros.com provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. HyperWave Consulting, LLC., and TrustedWebPros.com will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Technical Support

HyperWave Consulting, LLC., and TrustedWebPros.com Support includes access to technical support provided via phone, email via our support ticket system.

HyperWave Consulting's and TrustedWebPros.com's technical support is strictly limited to the direct customer of HyperWave Consulting, LLC., and TrustedWebPros.com and not to in-direct client. For example, a client of the HyperWave Consulting, LLC., and TrustedWebPros.com Customer is not entitled to Support from HyperWave Consulting, LLC., and TrustedWebPros.com and should at no time be given Account Access, Passwords, or Passphrases for HyperWave Consulting's and TrustedWebPros.com's Support. It is the obligation of the HyperWave Consulting, LLC., and TrustedWebPros.com customer to ensure compliance with this policy.

Best Effort Support

HyperWave Consulting, LLC., and TrustedWebPros.com will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. Best Effort support means that when possible HyperWave Consulting, LLC., and TrustedWebPros.com technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support.

Scheduled Maintenance and Downtime

HyperWave Consulting, LLC., and TrustedWebPros.com will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond HyperWave Consulting's and TrustedWebPros.com's control or which are not reasonably foreseeable by HyperWave Consulting, LLC., and TrustedWebPros.com, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. HyperWave Consulting, LLC., and TrustedWebPros.com will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. HyperWave Consulting, LLC., and TrustedWebPros.com has no responsibility for downtime resulting from a user's actions.

Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (website builder hosting only). Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user's domain was registered via HyperWave Consulting, LLC., or TrustedWebPros.com website's free domain registration method.

Any violation of HyperWave Consulting, LLC., and TrustedWebPros.com website's Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are recurring on the day the account was opened.

Check Orders:

Currently check orders are not offered.

Credit Card Charge Backs

A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

EVENT OF DEFAULT BY CUSTOMER

(Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 14 days of the date of that invoice, HyperWave Consulting, LLC., and TrustedWebPros.com reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

HyperWave Consulting, LLC., and TrustedWebPros.com’S REMEDY UPON DEFAULT; TERMINATION.

In addition to all rights and remedies granted to HyperWave Consulting, LLC., and TrustedWebPros.com in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, HyperWave Consulting, LLC., and TrustedWebPros.com shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to HyperWave Consulting, LLC., and TrustedWebPros.com all Fees and other amounts due and owing for Services provided through and including the effective date of termination.

Cancellation Procedure:

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the account password created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via our support desk ticketing system available from within your account. HyperWave Consulting, LLC., and TrustedWebPros.com is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. HyperWave Consulting, LLC., and TrustedWebPros.com website is not responsible for lost data or for lost data due to third party software that is not maintained by HyperWave Consulting, LLC., and TrustedWebPros.com website programming staff. (Cpanel is not associated with HyperWave Consulting, LLC., and TrustedWebPros.com website)

Promotional Use

HyperWave Consulting, LLC., and TrustedWebPros.com may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by HyperWave Consulting, LLC., and TrustedWebPros.com may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the HyperWave Consulting, LLC., and TrustedWebPros.com website This reference will be strictly limited to disclosure that HyperWave Consulting, LLC., and TrustedWebPros.com has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at HyperWave Consulting, LLC., and TrustedWebPros.com. However, HyperWave Consulting, LLC., and TrustedWebPros.com may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by HyperWave Consulting, LLC., and TrustedWebPros.com under this Agreement shall not be deemed .Work For Hire,. but HyperWave Consulting, LLC., and TrustedWebPros.com shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by HyperWave Consulting, LLC., and TrustedWebPros.com.

Software License Policy

Where specifically prohibited, Customer shall not mix software license ownership when utilizing HyperWave Consulting, LLC., and TrustedWebPros.com services. In such cases, where the Customer provides all licensed products, including the OS, all licenses must be provided by the Customer and may not be mixed with HyperWave Consulting, LLC., and TrustedWebPros.com licensed products. Requirements vary by software vendor.

Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, HYPERWAVE CONSULTING, LLC. AND TrustedWebPros.COM, SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. HYPERWAVE CONSULTING, LLC. AND TrustedWebPros.COM,. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF HYPERWAVE CONSULTING, LLC. AND TrustedWebPros.COM, AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, HYPERWAVE CONSULTING, LLC. AND TrustedWebPros.COM, PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND HYPERWAVE CONSULTING, LLC. AND TrustedWebPros.COM, SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

General

These Terms of Service are a legally binding contract between the subscriber and HyperWave Consulting, LLC., and TrustedWebPros.com website.

By opening an account, or by the use of any HyperWave Consulting, LLC., and TrustedWebPros.com service, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by HyperWave Consulting, LLC., and TrustedWebPros.com website administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. HyperWave Consulting, LLC., and TrustedWebPros.com website maintains the right to terminate accounts without prior notification.

In the case that a customer is terminated for violating one or more of the HyperWave Consulting, LLC., and TrustedWebPros.com Terms of Service, HyperWave Consulting, LLC., and TrustedWebPros.com reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. HyperWave Consulting, LLC., and TrustedWebPros.com may at its own discretion allow access to a terminated account. If HyperWave Consulting, LLC., and TrustedWebPros.com agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $500 or more to cover the cost of hard drives, cloning, processing and shipping.

Dispute Resolution

Any dispute between HyperWave Consulting, LLC., and TrustedWebPros.com and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Oregon law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Benton County, Oregon, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Indemnification

Customer agrees to indemnify and hold harmless HyperWave Consulting, LLC., and TrustedWebPros.com Inc, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Privacy Policy

HyperWave Consulting, LLC., and TrustedWebPros.com website hereinafter referred to as "HyperWave Consulting".

HyperWave Consulting is an information technology service provider. Headquartered in Albany, Oregon, we provide web hosting, web builder solutions including custom web development to our customers. HyperWave Consulting has dedicated servers in Ann Arbor, MI. Our customers are responsible for the information they or their end users store in our hosting environment as well as compliance with HyperWave Consulting’s acceptable use guidelines and applicable laws related to the stored information.

HyperWave Consulting respects the privacy of every individual who uses its website. This Privacy Policy describes how HyperWave Consulting collects, uses, maintains, and discloses the information that is collected from you, the user of its website. This Privacy Policy does not cover HyperWave Consulting’s use of information collected through means outside of the use of HyperWave Consulting’s website.

SCOPE OF POLICY

This Privacy Policy describes how we collect and use information that customers provide to us in connection with the purchase of our services and the creation or administration of a HyperWave Consulting account.

INFORMATION COLLECTION

HyperWave Consulting collects “personally identifiable” and “non-personally identifiable” information about you when you access our website, purchase our services, or communicate with us using tools on our website. This information is provided to HyperWave Consulting manually by you or automatically collected through information gathering tools such as cookies and web beacons.

“Personally Identifiable Information" is information linked to your identity. HyperWave Consulting collects the following personally identifying information: your name, email address, physical address, phone number, credit card information, login credentials, and/or other such information that you would provide to register to use HyperWave Consulting’s services.

“Non-personally Identifiable Information” is information that does not determine your identity like web server logs, internet protocol (IP) addresses, browser type, or personally identifiable information that has been removed or hidden (e.g. aggregation). We may also collect nonpersonally identifiable information as anonymous information. HyperWave Consulting does not intentionally collect or maintain, and does not want you to provide, sensitive information such as race or ethnicity, medical condition, or religious beliefs.

COOKIES, BEACONS, TAGS, AND OTHER TRACKING TECHNOLOGIES

HyperWave Consulting uses cookies, beacons, tags, and other tracking technologies to enhance your experience with our services. We use third-party services to gather demographic information about you, identify your visits to our website, and personalize your search experience on our website. You can change your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our website. Some of our business partners may use cookies on our site (for example, advertisers), however, we have no access to or control over these cookies. You may also opt out of targeted advertisements by visiting http://www.networkadvertising.org/managing/opt_out.asp, however, opting out of targeted ads will not completely remove you from being targeted as you will continue to receive generic ads.

SURVEYS & CONTESTS

From time-to-time, HyperWave Consulting may provide you with the opportunity to participate in contests or surveys and, if you choose to participate, we may request that you provide certain personally identifiable information (such as name, shipping address, zip code, age level). Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this personally identifiable information. Your information will be used to notify the winners, award prizes, and monitor or improve our website.

Further, if we use a third party to conduct the surveys and contests, we will not share your personally identifiable information without your prior written notice and choice. The third party will also be prohibited from using your personally identifiable information for any other purpose. HyperWave Consulting may be liable for the appropriate transfer of personal data to third parties.

INFORMATION USE AND DISCLOSURE

HyperWave Consulting uses the information it collects about you to provide its services to you and may use your Personally Identifiable Information and Non-personally Identifiable Information:

To contact you regarding functionality changes to our services or website.
To contact you regarding any agreements or accepted terms that you may have with HyperWave Consulting.
To provide you with marketing emails, special offers, advertising campaigns, or newsletters.
To provide you with information logs associated with the use of HyperWave Consulting’s services.
To collect payment and bill for our services.
To respond to any requests from you regarding sales and support.
To help personalize searches.
To diagnose problems.
To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
To register your domain and IP address through ARIN (American Registry for Internet Numbers).
To comply with law (e.g. subpoena) or similar legal process. HyperWave Consulting may be required to share personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.
When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a written government request.
To carry out other purposes as disclosed to you through the website, or found in terms or an agreement between you and HyperWave Consulting.

UPDATES TO YOUR INFORMATION

You may opt out of any future communications from HyperWave Consulting at any time by emailing us at customerservice@TrustedWebPros.com. If your personally identifiable information is necessary for the provisioning of services you requested, you cannot opt out without terminating your services. We will respond to your request for opt out request within thirty (30) days. HyperWave Consulting acknowledges the right of EU and Swiss individuals to access their data. If you wish to access or update your data, you may do so by logging into your account.

SECURITY

Your personally identifiable information is important and we maintain safeguards to protect its disclosure. HyperWave Consulting uses industry standard Secure Socket Layer (SSL) encryption for your data that is transferred over the internet, and we only share personally identifiable information to employees and third parties who need the information to perform a specific responsibility. Despite its use of encryption, HyperWave Consulting cannot guarantee any method of transmission of information over the internet is 100% secure. Should HyperWave Consulting become aware of an actual breach of your personally identifiable information, we will notify you immediately.

CHILDREN

Our website and/or services is not directed at children and our services are designed for businesses. We do not knowingly collect information from or about children under 13 years of age, and use of our services by children under 13 years of age is forbidden.

CHANGES TO PRIVACY POLICY

HyperWave Consulting reserves the right to modify this Privacy Policy at any time. Any updates to the Privacy Policy will be posted here, and if the changes are significant, HyperWave Consulting will notify you by email at least thirty (30) days prior to the implementation of the changes. If you object to the changes, email us at customerservice@TrustedWebPros.com and we will delete your information from our records. Your continued use of HyperWave Consulting’s website and/or services covered under this Privacy Policy after the effective date of the changes constitutes acceptance and agreement to the terms of the updated Privacy Policy.

CONTACT US

If you have any questions or concerns over this Privacy Policy, or misuse of your personally identifiable information, please email us at customerservice@TrustedWebPros.com.