Terms of Agreement




Welcome to Hopinit.com’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our Services.


Below we have listed important legal terms that apply to anyone who visits our Site or uses our Services. These terms are necessary in order to protect both you and us, and to make our Services possible and more enjoyable for everyone.


We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at info@hopinit.com



1. Introduction


1.1. OUR PURPOSE

Hopinit operates the Hopinit Builder as a hosted website platform enabling individual and businesses to create dynamic and rich websites.


1.2. LEGAL AGREEMENT

By using the Hopinit Builder (“Hopinit Builder or “Builder”) or any services (“Services” or “Service”) with your content (“Your Content” or “User Content”) to create a website (“Website”) you (“Visitor”, “User”, “Customer” or “You”) agree to these terms of service (“Agreement” or “Terms) between you and Hopinit (“Hopinit”, “We”, or “Us”).


The Hopinit Terms constitute a binding and enforceable legal contract between Hopinit and You - so please read them carefully.


You can accept the Agreement by:


  • Clicking to accept or agree, where this option is made available to You by Hopinit in the registration form for access to the Hopinit Builder.
  • Using the Hopinit Builder. You understand and agree that Hopinit will treat your use of the Hopinit Builder as acceptance of these terms, as may be amended from time to time, from that point onwards.
  • Entering into an Order/Billing Form with Hopinit, which is governed by this Agreement.

If You do not read, fully understand and agree to the Hopinit Terms, You must immediately leave the hopinit.com (“Site”) or Hopinit Builder and avoid or discontinue all use of the Hopinit Services.


1.3. USER ACCOUNT

Make sure your account information is accurate, and You keep your account safe. You’re responsible for your account and any activity on it. Also, You need to be at least 13 years old to use Hopinit. To use the Services, You must first create an account (“Account”). You agree to provide Us with accurate, complete and updated information. We may need to use this information to contact You. We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by Us. However, if We cannot make such determination (as We may deem in our sole discretion), we reserve the right to avoid doing so, without liability to You or to any other party. Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify Us of any actual or suspected loss, theft or unauthorized use of your Account or password. You're solely responsible for any activity on your Account. We’re not liable for any acts or omissions by You in connection with your Account. The Services are not intended for and may not be used by children under the age of 13. By using the Services, You represent that you're at least 13. Also, if you’re under the age of 18, You must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where You live).



2. User Content And Ownership


2.1. GENERAL

User retains all Intellectual Property rights and any other rights the User already holds in the User Content. Subject to the terms of this Agreement, the User grants Hopinit a worldwide, royalty-free and non-exclusive license to Hopinit to display, distribute, and adapt the User Content solely in order to provide the Services.


2.2. MARKETING YOUR WEBSITE

We may use in perpetuity, worldwide and free of charge, any version of your Website (as defined below), or any portion thereof, for the limited purpose of Hopinit marketing and promotional activities. For example, We may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against Us relating to any moral rights, artists’ rights or any other similar rights worldwide that You may have in or to your Website, and any right of inspection or approval of any such use of your Website. If You don't want your Website featured, You can opt out anytime by contacting Us at info@hopinit.com.


2.3. YOUR OWNERSHIP

You represent that You own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content through the Builder. If We use Your Content in the ways contemplated in this Agreement, You represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Please don't copy, upload, download or share content unless You have the right to do so.


2.4. YOUR RESPONSIBILITY

You're responsible for your conduct and User Content, and You must comply with our Terms. We may review your conduct and User Content for compliance with these Terms. We’re not responsible for User Content.


You may use the Builder to create or publish Websites and your Websites may have their own Visitors and users (“End Users”). You understand and agree that Your Websites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to your Website and your End Users, including without limitation the posting of your own privacy policy. We’re not liable for, and won’t provide You with any legal advice regarding, your Website or your End Users.



3. Hopinit Ownership


3.1. WHAT WE OWN

The Hopinit Site and Builder are protected by copyright, trademark and other US and foreign laws. These Terms don't grant You any right, title or interest in our Services, trademarks, logos or other brand features or intellectual property, or others User Content. You agree not to change, translate or otherwise create derivative works.


3.2. FEEDBACK

We welcome your feedback, ideas or suggestions (“Feedback”), but You agree that We may use your Feedback without any restriction or obligation to You, even after this Agreement is terminated.


3.3. TEMPLATES

We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide You with ideas or inspiration. However, Demo Content is for private use only (unless We tell You otherwise). You agree that You will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).



4. Privacy


The User agrees that it has read, understands and agrees to the terms of the Hopinit Privacy Policy found at http://www.hopinit.com/privacy.html, which is incorporated herein by reference.



5. Services Fees And Auto-Renewals


5.1. FEES

The Customer shall pay all fees specified in all applicable Order Forms hereunder. Hopinit will invoice the Customer for Services in accordance with the relevant order form and such charges are due as stated on the order form. The Customer is responsible for providing complete and accurate billing and contact information to Hopinit and notifying Hopinit of any changes to such information. Hopinit has the right to immediately terminate this Agreement in the event the Customer fails to pay fees timely. If Hopinit incurs additional reasonable costs (including but not limited to reasonable attorney fees) in an attempt to recover fees owed, the Customer will pay such costs and reasonable interest fees. The foregoing rights are in addition to other rights and remedies, which may be available to Hopinit for non-payment of fees.


Hopinit reserves the right to change its Fees at any time, upon notice to You if such change may affect your existing subscriptions. If You received a discount or other promotional offer, Hopinit shall have the right to automatically and without notice renew your subscription to such Hopinit Service(s) at the full applicable fee.


5.2. COLLECTING FEES

As part of registering or submitting information to receive paid Services, You also authorize Hopinit (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Hopinit may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to Us by your credit card company).


5.3. AUTO-RENEWAL

In order to ensure that You do not experience any interruption or loss of Services due to the lapse of any particular subscription period, Hopinit operates with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Hopinit in writing). Accordingly, where applicable, Hopinit will attempt to automatically renew the applicable Hopinit Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge You the applicable fees using the payment method You have on file with Us.


5.4. CHARGEBACK

If, at any time, We record a decline, chargeback or other rejection of a charge of any payable fees on your Hopinit account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Hopinit Services may be automatically disabled or terminated.



6. Cancellation


6.1. CANCELLING AN ACCOUNT

You may discontinue to use and request to cancel your User Account and/or any Hopinit Services at any time, in accordance with the instructions available to You. The effective date and time for such cancellation shall be the date and time on which You have completed the cancellation process, and the effective date for cancellation.


6.2. CANCELLING A SUBSCRIPTION

Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which You have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.


6.3. SUSPENSIONS

Failure to comply with any of the Hopinit Terms and/or to pay any due fee shall entitle Hopinit to suspend (until full payment is made) or cancel your User account and User Website (or certain features thereof), as well as the provision of any related Hopinit Services (e.g., Paid Services) or third party Services to You.



7. Domains


7.1. RESELLER SERVICES

We work with third party registrars to provide You with domain Services. When You register a domain name, or renew or transfer an existing domain name, via the Builder, You become bound by the relevant registrar’s terms and conditions, which are incorporated by reference into this Agreement. Currently, the registrar for the Services is Enom Inc., and all registrations and renewals via the Builder are subject to the Enom’s Terms and Conditions, under which We are the “Reseller.”


7.2. ICANN

Your use of our domain Services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement are summarized here. You can learn more about domain name registration in general here.


7.3. TRANSFERS, RENEWALS, AND REFUNDS

You may not transfer a domain name for the first sixty (60) days following registration. For renewals, You agree that renewing your domain is solely your responsibility. We do not offer refunds for domain renewals or transfers.



8. Restrictions and Confidentiality


8.1.CONFIDENTIALITY

Any information disclosed by one Party to the other in connection with this Agreement, whether disclosed in writing, orally or by inspection, and which is identified in writing as being “Confidential” or “Proprietary,” or by the nature of the circumstances surrounding the disclosure should reasonably be treated as proprietary or confidential, shall be deemed “Confidential Information.” Hopinit and the Customer hereby acknowledge and agree the fees under this Agreement or accompanying statements of work constitute Confidential Information. Both Parties shall maintain all Confidential Information in strict confidence and shall only disclose such Confidential Information to those of its employees who have a need to know such Confidential Information in furtherance of the performance of obligations under this Agreement and who are bound to confidentiality. Each Party shall use all reasonable means necessary to protect Confidential Information. From the date of disclosure of such Confidential Information, neither Party may disclose any Confidential Information to any third party without the other Party’s prior written approval.


Notwithstanding the foregoing, neither party shall have confidentiality obligations with respect to information that: (i) is or has become publicly available without restriction through no fault of the receiving Party or its employees or agents; (ii) was rightfully in the possession of the receiving Party without restriction prior to its disclosure by the disclosing Party; (iii) becomes available to the receiving Party on a non-confidential basis from another source, provided that such source is not and was not bound by a confidentiality agreement or otherwise prohibited from transmitting such information by contractual, legal or fiduciary obligation, or (iv) is independently developed by the receiving Party.


8.2. CONFIDENTIALITY AND THE LAW

Further, a Party may disclose Confidential Information as required to be disclosed by court order or law. If a Party receives a demand in a legal proceeding that would require the Confidential Information of the other Party to be disclosed, the receiving Party shall immediately notify the other Party of the demand and reasonably assist the other Party in obtaining a protective order or other relief before such disclosure, at the Disclosing Party’s expense. Each Party’s obligations with respect to Confidential Information shall survive the termination or expiration of this Agreement for any reason.


8.3. USER RESPONSIBILITIES

The Customer agrees that the Customer will not itself or allow any third party to: (1) reverse assemble, reverse compile, or reverse engineer the Builder or the Services or their underlying software, or otherwise attempt to discover any software source code or underlying proprietary information; (2) remove, efface or obscure any copyright notices, logos, or other proprietary notices or legends (whether Hopinit, its partners’, or any third party) from any Hopiit materials; (3) generate automated or fraudulent Impressions or clicks of advertisements on the Hopinit Builder or through the Services; (iv) use any automated means, including without limitation, agents, robots, scripts or spiders, to access or bypass the Hopinit Builder or Services to interfere or attempt to interfere with the proper working of the Hopinit Builder or Services; (4) submit any User Content that contains malicious code; collects, reads or stores user information; or interacts with the Hopinit Builder for any purpose other than the configuration of that User Content; (5) submit any User Content that is unlawful, harmful, violent, threatening, defamatory, obscene, infringing, harassing, offensive, or discriminatory; (6) otherwise use the Builder or Services in any manner which adversely affects Hopinit or its Customers, their data or security, or seek to access the data of any third party without Hopinit’s prior written authorization; or (7) use flash Cookies or HTML5 local storage that exploits Visitors’ browsers and software in a way that such Visitors do not reasonably expect, including but not limited to recreating tracking cookies that have been deleted by the Visitor. The Customer or User will comply with all applicable laws, restrictions, and regulations of all governmental authorities of the United States and any applicable foreign jurisdiction.


8.4. SUSPENSIONS

Without prejudice to any other right or remedy, Hopinit may immediately suspend the Customer's access to the Builder or any portion thereof if Hopinit believes the Customer has failed to comply with any of the Terms or is using the Builder in a manner that violates any applicable law or regulation, or would otherwise damage Hopinit’s Customers, business, or reputation.



9. Term and Representation


9.1. TERM

Unless otherwise agreed to in an Order Form, this Agreement will begin upon acceptance of this Agreement noted above or as of the date the first Order Form is placed with Hopinit, whichever is earlier, and shall continue for the term stated in the Order Form (“Term”). Notwithstanding, in the event there is an outstanding Order Form in effect, or if the Customer is otherwise utilizing the Builder or Services, this Agreement shall govern.


9.2. AGREEMENT

Each Party to this Agreement represents and warrants to the other Party that: (i) such Party has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and (ii) when executed and delivered by such Party, this Agreement will constitute a legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms.



11. Indemnification


The User agrees to defend, indemnify, and hold harmless Hopinit and its affiliates, and respective directors, officers, employees, agents, successors, and assigns, from and against any liabilities (including but not limited to reasonable attorneys’ fees incurred) related to or arising out of any third-party allegation or claim based on:


  • Any breach of any of this Agreement by the Customer
  • Use of the Visitor Data or any personally identifiable information of Visitors by the Customer.
  • Unauthorized acts of the Customer’s Users in violation of this Agreement.
  • Any violation or alleged violation of applicable law or standards in relation to activities contemplated by this Agreement.

Hopinit agrees to defend, indemnify, and hold harmless the Customer and its affiliates, and their respective directors, officers, employees, agents, successors, and assigns, from and against any liabilities (including but not limited to reasonable attorneys’ fees incurred) related to or arising out of any third-party allegation or claim that the Hopinit Builder infringes a third party’s Intellectual Property rights; provided that notice of the claim is promptly given to Hopinit and Hopinit has the ability to control the defense. If the Customer’s use of the Builder is, or in Hopinit’s opinion is likely to be, enjoined due to the type of infringement specified above, or if required by settlement, Hopinit may, in its sole discretion: (a) substitute, as agreed to by the Customer, substantially functionally similar Services or (b) procure for the Customer the right to continue using the Builder. The foregoing indemnification obligation of Hopinit shall not apply:


  • If the Builder is modified by any party other than Hopinit, but solely to the extent the alleged infringement is caused by such modification.
  • If the Builder is combined with other non-Hopinit products or processes not authorized by Hopinit, but solely to the extent the alleged infringement is caused by such combination.
  • To any unauthorized use of the Builder.
  • Any action arising as a result of the User Content and materials or any third-party content or components contained within the Builder.


12. Disclaimer Of Warranty


12.1. CLAIMS

In no event shall Hopinit or its respective officers, directors, employees or agents be liable to the other party in connection with any claims arising out of this agreement for:


  • Any special, indirect, incidental, consequential, exemplary or punitive damages (including, without limitation, lost profits, lost savings or loss of goodwill) whether under tort, contract, or other theories of recovery even if the other party was or should have been aware of the possibility of such damages.
  • Any direct damages in excess of the amount paid by the Customer to Hopinit under this agreement from the date in which the claim arose. All claims must be made no later than 1 month from the date of occurrence (except for indemnification claims which notice must be given promptly to the indemnifying party) or such claims are expressly waived.

12.2. WARRANTY

Except as expressly provided herein, the Hopinit Builder, Services, and any materials or other other Builder provided by or on behalf of Hopinit pursuant to this agreement are provided “as is” and Hopinit hereby disclaims all representations, warranties, and condition, express or implied, including representations as to the quality of the Hopinit Builder, Services or any associated products, the effect the Builder or Services may have on the Customer's business, third party content, non-infringement, timeliness, non-interruption, merchantability, integration, or fitness for any particular purpose. The Customer understand that Hopinit is not responsible for the User Content or third party content and is under no obligation to maintain the Customer’s Website or any third party Website.



13. Notices


Except as explicitly stated otherwise, legal notices shall be served on Hopinit at the following email address: info@hopinit.com


Notice shall be given to the Customer at the email address the Customer provides to Hopinit during the registration process. Notice will be deemed given one day after the date of the email being sent. Alternatively, Hopinit may give the Customer legal notice by mail to a postal address, if provided by the Customer through the Builder or on an applicable Order Form. In such case, notice will be deemed given three days after the date of mailing.



14. Assignment


The Customer may not assign all or any of its rights under this Agreement without the prior written consent of Hopinit.



15. Severability


If a court of competent jurisdiction finds any term of this Agreement unenforceable, that term will be deleted and modified to effect the parties’ intent in accordance with the law, and all other terms will continue in full force. No provision of this Agreement may be waived unless in writing, and no waiver of one provision of this Agreement shall be deemed to be a waiver of any other provision.



16. Force Majeure


Hopinit will not be liable for any failure to perform due to unforeseen circumstances or causes beyond Hopinit’s reasonable control, including acts of God, war, government intervention, riot, embargoes, acts of civil or military authorities, earthquakes, hacker attacks, fire, flood, accident, strikes, and the inability to secure transportation, facilities, fuel, energy, third party Services, labor or materials.



17. Relationship Of The Parties


Neither Party hereto will be deemed the agent or legal representative of the other for any purpose whatsoever and each Party will act as an independent contractor with regard to the other in its performance under this Agreement. Nothing herein will authorize either Party to create any obligation or responsibility whatsoever, express or implied, on behalf of the other or to bind the other in any manner, or to make any representation, commitment or warranty on behalf of the other.



19. Agreement Conclusion


This Agreement, together with any applicable Order Forms and the Hopinit Privacy Policy, is the entire Agreement of the parties and supersedes any prior agreements between them, whether written or oral, with respect to the subject matter hereof. This Agreement may only be modified, amended or supplemented by a written document signed by authorized signatories of both parties.



For questions, comments, or concerns about this Agreement, please email info@hopinit.com



Last Updated: January 1, 2017

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