Terms of Service

Effective date: October 20, 2026. Replaces the Terms of Service Agreement last revised February 20, 2019.

1. About these terms

These Terms of Service govern your use of the HyperActive Concepts, Inc. (“HCI,” “we,” “us”) website at haconcepts.com and any services you purchase from HCI, including web hosting, email hosting, virtual dedicated servers (VDS), website maintenance, migration, development and marketing services. HCI is a Georgia corporation.

By using our website or services, you agree to these terms and to our Privacy Policy. If you accept these terms for a business, you confirm you have authority to bind it. If you do not agree, do not use our website or services.

A written proposal, quote or service-specific agreement may add terms for a particular service. If it conflicts with these terms, the proposal or agreement controls for that service.

2. Changes to these terms

We may update these terms from time to time. Updates are published on this page with a new effective date and take effect when published.

Please check this page for the current terms. Continuing to use our website or services after an update takes effect means you accept it. If you do not accept an update, you may cancel under Section 11.

For annual services, a material change takes effect at your next renewal. Annual payments already made are not refunded, except as stated in Section 10 for renewals.

3. Using our website

Information on our website, including prices and plan details, may change without notice. A written quote, proposal or invoice confirms the price and scope of your services.

Sending a message through our contact form does not create a service agreement. Please do not send passwords or payment details through the form.

The HyperActive Concepts and HCI names, logo, and the text, graphics and design of our website are owned by HCI or used with permission. You may not copy or reproduce them without our written permission. Our website may link to other websites, which we do not control and are not responsible for.

4. Your account

• You must be at least 18 years old and provide accurate, current contact and billing information.
• You are responsible for all activity under your account and for keeping your passwords and access credentials secure.
• We act on requests from the contacts you authorize on your account. Please keep that list current.
• We may suspend an account if its information is inaccurate or we cannot verify a request.

5. Our services

Each service includes what is described in its plan, proposal or quote. In particular:

• Web hosting includes server-level management of the hosting environment. It does not include website maintenance, software updates, search engine optimization or malware cleanup, which are available separately.
• Email hosting is billed per mailbox. Email migration is limited to guidance; we do not perform mailbox migrations.
• Virtual dedicated servers are dedicated to a single customer and are individually quoted. Services, maintenance and backups are set in each VDS agreement.
• Website maintenance plans include the services and monthly hours described in your plan. Plans may include backups of your website and content, as described in your plan. Hours do not roll over. Work beyond your plan’s hours is billed at your plan’s hourly rate. Significant initial repairs may be quoted separately.
• Website migration, development and marketing projects are individually quoted, and their scope is set in your proposal.

Hosting and website maintenance are separate services, purchased separately.

6. Support

Phone and email support is available during normal business hours. Help with critical outages after hours is provided when available and may be billed at an additional cost. We do not provide 24/7 staffed support or guaranteed response or completion times unless specifically agreed in writing.

7. Backups and your data

Our shared hosting server is backed up daily at the server level. These backups protect the server as a whole and are not a backup service for individual websites or data. Backups of your individual website and content are included only when arranged for your account or provided by your website maintenance plan.

Restoring an individual website from a server-level backup is not guaranteed and may be billed separately.

Each VDS is dedicated to one customer. Backups, maintenance and recovery options for a VDS are set in that customer’s VDS agreement.

Websites hosted elsewhere that we maintain rely on the backup and security tools provided by their host.

Email hosting does not include mailbox backups or guaranteed message recovery unless agreed in writing.

Backups are a safeguard, not a guarantee. You are responsible for keeping your own copies of your website, data and email. Our liability for data loss is limited as described in Section 16.

You retain ownership of the content and data you store with us. If you store personal information about your own customers on our services, you are responsible for having a lawful basis to collect and use it, and we process it only to provide the services.

Our servers are located in data centers in the United States.

8. Ownership of websites and software

Ownership of websites, designs and code that HCI creates for you is governed by your Web Development Agreement.

If HCI did not build your website, for example a site we only host, maintain or migrate, you keep ownership of its design, code, content and data. Hosting, maintenance or migration services do not give HCI any ownership of your website.

Updates, fixes and other changes we make to your website under a maintenance plan become part of your website and belong to you, once paid for. HCI keeps ownership of its own tools, scripts and methods, which it may reuse in its other work.

Third-party software. Websites often use software made by others, such as WordPress, plugins, themes, page builders and other extensions. HCI does not own this software, and neither do you. Each product is owned by its developer and is governed solely by that developer’s license, terms and policies, including any rules on renewals, updates, support and refunds. HCI may install, configure or buy licenses for third-party software on your behalf. If we do, HCI is not a party to that license and makes no warranty about the software, its performance or its continued availability. Problems caused by third-party software, or by changes its developer makes, are not covered by these terms. We may be able to help with them under a maintenance plan or as separately billed work.

When your service ends, we will transfer licenses purchased through HCI to you where the developer’s terms allow it. Licenses that cannot be transferred end with your service, and you may need to buy your own license to keep receiving updates and support.

9. Acceptable use

You may not use our website or services to:

• Break any law, or host or transmit content that is illegal, exploits minors, promotes terrorism or violence, or supports human trafficking
• Infringe intellectual property or privacy rights, or publish others’ personal information without consent
• Distribute malware, phishing pages or other harmful code
• Attempt unauthorized access to, or disrupt, our servers, networks or other customers’ accounts
• Sell prescription drugs without a valid license

Spam. Sending unsolicited bulk email through our servers, from email addresses we host, or in a way that directs replies to our services is prohibited. Violations may result in immediate suspension and a $500 administration fee.

Resource use. Scripts, programs or activity that harm server performance or network integrity may be stopped without notice. Unmetered bandwidth is subject to reasonable resource usage. Shared hosting is not intended for software or media distribution; contact us about alternatives.

10. Billing and payment

• Services are billed in advance, monthly or annually, as you choose. Your first invoice may be prorated.
• Monthly services are month-to-month. Annual services are prepaid and nonrefundable, except that an annual renewal of hosting, email hosting or a maintenance plan may be refunded in full if you cancel within 7 days after the renewal charge. Renewal refunds do not apply to domain registrations, third-party software or licenses, project work, or services terminated under Section 13.
• Hosting has no setup fees. Prices exclude applicable taxes.
• Recurring services renew automatically for the same billing period until canceled.
• Software and licenses purchased through HCI are billed when approved and renew until canceled.
• Maintenance work beyond plan hours and project work are billed as agreed in your plan or proposal.
• Payments are applied to the oldest outstanding balance.
• Invoices are due by the due date shown. Accounts more than 7 days past due may be suspended, and unpaid accounts may be terminated. Reactivating a suspended account requires payment of all outstanding invoices and a $150 reactivation fee. You are responsible for reasonable costs of collecting past-due amounts, including attorneys’ fees.
• Returned checks incur the maximum service charge allowed by Georgia law. Chargebacks incur a $45 fee.
• To dispute a charge, contact us within 60 days of the invoice date.
• Amounts are billed and refunded in U.S. dollars.

11. Cancellation

To cancel a service, send a written request from an authorized contact on your account to sales@haconcepts.com. We will confirm the request and your identity before canceling.

• Monthly services end at the close of the current billing period.
• Annual services remain active until the end of the paid term and are not refunded, except for renewals canceled within the window in Section 10.
• Website maintenance plans have a 3-month minimum term, then continue month-to-month and may be canceled with 30 days’ written notice. Service ends at the close of the billing period after the 30-day notice.

Please download any website files, data and email you want to keep before your service ends. We may delete your data 14 days after service ends.

12. Domain names

When we register a domain for you, you are listed as the registrant. HCI manages the administrative, technical and billing contacts. Registrations are billed when the domain is secured, for one to five years.

We send renewal notices by email before a domain expires. Please make sure our emails reach you; we are not responsible for notices you do not receive. Domain registrations and renewals follow ICANN rules and are not subject to the reactivation fee.

Canceling hosting or other services does not cancel your domain. You may transfer your domain to another registrar at any time, subject to ICANN rules, by requesting a transfer code from an authorized contact on your account.

13. Suspension and termination

We may suspend or terminate services, with or without notice, for nonpayment, violation of these terms, or activity that harms HCI, our customers or others. Fees already paid are not refunded after termination for cause, and amounts owed remain payable. We may report suspected criminal activity to law enforcement. Service credits are not issued for interruptions caused by a violation of these terms.

14. Availability

We make reasonable efforts to keep our website and services available, but we do not guarantee uninterrupted service. Interruptions may result from maintenance, equipment or network failures, attacks, power or telecommunications outages, or other causes beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.

15. Disclaimer of warranties

Except as stated in these terms or a written agreement, our website and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that our services will be error-free, secure or uninterrupted. Informal advice does not create a warranty.

16. Limitation of liability

To the extent permitted by law, HCI is not liable for indirect, incidental, special or consequential damages, or for lost data, profits or business, arising from our website or services. Our total liability for any claim is limited to the amount you paid HCI for the affected service in the 12 months before the claim arose.

17. Indemnification

You agree to indemnify and hold harmless HCI and its employees, contractors and suppliers from claims, losses and costs arising from your content, your use of our services, or your violation of these terms.

18. Governing law

These terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Any dispute will be brought in the state courts located in Cobb County, Georgia, or the federal court serving that county.

19. Communications and notices

We may contact you by email or phone about your services and account. We send text messages only as described in our Privacy Policy. Notices to you are sent to the email address on your account.

Legal notices to HCI must be sent to our mailing address in Section 21 or to sales@haconcepts.com.

20. General

You may not transfer these terms or your services to anyone else without our written consent. HCI may transfer these terms and your services, for example as part of a sale of its business.

If any part of these terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

These terms, together with any proposal or service-specific agreement, are the entire agreement between you and HCI for the services. Sections 7, 8, 10 (amounts owed) and 15–18 continue after your services end.

21. Contact us

HyperActive Concepts, Inc.
2001 Duncan Dr NW, Unit 598
Kennesaw, GA 30156
(678) 293-7428 · sales@haconcepts.com