TERMS OF SERVICE

Hyper Media, Inc. d/b/a ippbxHOST
Effective Date: 1/1/26

1. ACCEPTANCE OF TERMS

By accessing or using the ippbxHOST website, creating an account, placing an order, or using any services, Customer acknowledges that they have read, understood, and agree to be bound by these Terms of Service (“Agreement”) in full. If Customer does not agree, they must not use the Services.

2. SERVICES & BUSINESS MODEL

ippbxHOST is a provider of wholesale cloud hosting and VoIP-related services, including but not limited to:

  • Hosted IP PBX / VoIP services
  • Virtual private servers (VPS)
  • DID and call termination services
  • Backup, firewall, and related infrastructure services

Services are marketed primarily to technically knowledgeable channel partners for resale.

All Services are provided “AS IS” and “AS AVAILABLE.”

3. THIRD-PARTY INFRASTRUCTURE DEPENDENCY

Customer acknowledges that ippbxHOST operates across a distributed network of third-party providers, including but not limited to:

  • Data centers and colocation providers
  • Real estate and facility operators
  • Power utilities, generators, fuel, and maintenance providers
  • Network carriers, ISPs, and bandwidth/transit providers
  • Hardware and software vendors
  • On-site and remote support personnel

Provider does not control these third parties and is dependent on their performance.

Accordingly:

  • ippbxHOST shall not be liable for outages, delays, or degradation caused by third-party providers
  • All services are delivered on a best-effort basis

4. SERVICE LEVEL & UPTIME

ippbxHOST does not guarantee uninterrupted or error-free service.

  • Any uptime targets (including 99.9%) are goals only
  • No warranty of availability, quality, or performance is provided beyond any published SLA

Service quality may vary based on location, routing, and destination.

5. SERVICE CREDITS (SOLE REMEDY)

Customer’s sole remedy for service disruption shall be a service credit:

  • Limited to the monthly fee of the affected service instance
  • Based on ippbxHOST’s published SLA
  • Must be requested in writing
  • Not issued automatically

Credits shall never exceed one (1) month of service fees.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

ippbxHOST shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of revenue, profit, data, or business
  • Service interruptions or delays

Total liability shall not exceed the fees paid for the affected service during the one (1) month preceding the event.

7. EMERGENCY & CRITICAL USE DISCLAIMER

Services are not intended for emergency or mission-critical use, including:

  • 911 / E911 services
  • Public safety or government operations
  • Healthcare or life-support systems

Customer assumes all risk for such use and agrees that ippbxHOST shall have no liability whatsoever.

Customer is solely responsible for redundancy and failover systems.

8. VoIP & TELECOMMUNICATIONS LIMITATIONS

Customer acknowledges:

  • VoIP services may fail due to internet or power outages
  • E911 functionality may be limited or unavailable
  • Call quality and routing are not guaranteed

Customer must:

  • Maintain alternative communication methods
  • Ensure CallerID/ANI accuracy (misrepresentation prohibited)

9. WHOLESALE, TAX & COMPLIANCE RESPONSIBILITY

Services are wholesale only.

Customer is solely responsible for:

  • All applicable taxes (sales tax, VAT, telecom fees, etc.)
  • Regulatory compliance in all jurisdictions

ippbxHOST does not collect or remit taxes on Customer’s behalf.

Customer agrees to indemnify ippbxHOST for any tax-related liabilities.

10. ACCOUNT SECURITY & RESPONSIBILITY

Customer is responsible for:

  • Safeguarding login credentials
  • All account usage and charges
  • Maintaining sufficient balances

Unauthorized access or loss due to poor security is Customer’s responsibility.

11. BILLING, PAYMENTS & NON-REFUNDABLE POLICY

  • Services are billed monthly in advance
  • Initial invoices may include prorated charges
  • All payments are non-refundable unless required by law

Additional terms:

  • Negative balances remain due
  • Payments apply to outstanding balances first
  • ippbxHOST may suspend accounts overdue by more than three (3) days
  • Rates are subject to change and must be verified by Customer

12. SOFTWARE SALES

All software purchases are:

  • Final
  • Non-refundable
  • Non-returnable

No exceptions will be made after purchase.

13. ACCEPTABLE USE & RESTRICTIONS

Prohibited uses include:

  • Illegal activity
  • Fraud or misrepresentation
  • Telemarketing, autodialing, or call center use
  • Spam or abusive traffic
  • Use of DIDs for mass calling or polling
  • Manipulation of the customer portal beyond cosmetic changes

Violations may result in immediate suspension or termination.

14. DID, CALLING & BILLING TERMS

  • DID purchases may be restricted or denied if abuse is suspected
  • Port-out fees may apply
  • Customers may not purchase numbers solely to port out

Billing increments:

  • USA/Canada: 6 seconds
  • Mexico: 60 seconds
  • International: 6 seconds

Call routing and service descriptions are not guaranteed.

15. FRAUD PREVENTION & CHARGEBACK POLICY

ippbxHOST reserves the right to:

  • Request identity verification
  • Deny or cancel orders
  • Use AI, fraud scoring, and security tools

Additional terms:

  • False information may result in termination
  • Chargebacks without prior contact are a breach of this Agreement
  • ippbxHOST may pursue recovery of funds and damages

ippbxHOST is not liable for unauthorized transactions or fraud-related losses.

16. DATA, PRIVACY & BACKUPS

  • ippbxHOST does not sell customer data
  • Privacy of VoIP communications cannot be guaranteed
  • Customer is responsible for backups unless explicitly purchased

Backup services are best-effort and not guaranteed.

17. INDEMNIFICATION

Customer agrees to defend and indemnify ippbxHOST from any claims arising from:

  • Use of Services
  • Regulatory violations
  • Emergency service usage
  • Fraud or misuse

18. FORCE MAJEURE

ippbxHOST shall not be liable for events beyond its control, including:

  • Natural disasters
  • War or terrorism
  • Power or network failures
  • Third-party provider failures

19. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Maryland.

20. MODIFICATIONS

These Terms may be updated at any time without prior notice. Continued use of Services constitutes acceptance of updated Terms.

21. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties.

22. COPYRIGHT

These Terms are proprietary and protected. Unauthorized reproduction is prohibited.