All services provided by HiFormance (“HiFormance”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States of America 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 HiFormance from any claims resulting from the use of service which damages the subscriber or any other party.


Prohibited Activities

Prohibited are sites that promote any illegal activity or present content that may be damaging to HiFormance’ servers, or any other server on the Internet. Links to such materials are also prohibited. Examples:

  • Pirated/Stolen software
  • Hacker/Malicious Software/Data
  • Warez Content/Websites
  • Torrenting/.torrent files
  • IRC Bots/Servers
  • Cybercrime Activities

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $0.09 for each gig of traffic exceeded. 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 network.


Server Abuse

Any attempt to undermine or cause harm to a server or customer of HiFormance is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be terminated.


Billing

By the Account Activation Date of each month, HiFormance shall either:

  • debit the client’s credit card (when such information has been provided by the client); or
  • 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 HiFormance by no later than the specified payment due date. HiFormance 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, and all accounts under that account plan, can be suspended.

Service Fees

Certain services carry a setup fee charged by HiFormance 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 HiFormance 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.


Refund Policy

As of March 23, 2018 we are no longer providing a money back guarantee on any service.


Limitation of Liability

HiFormance shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HiFormance equipment going off-line or being unavailable for any reason whatsoever. Furthermore, HiFormance 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 HiFormance. All damages shall be limited to the immediate termination of service.


Account Activation

By activating your account with HiFormance, 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.


Policy Changes

HiFormance reserves the right to amend any or all policies at any given time

Last updated March 23, 2018