WEB ENGAGE TERMS AND CONDITIONS

Last Revised: March 18, 2025

1. INTRODUCTION

These We Engage Terms and Conditions (the “Terms”) govern website building and maintenance (the “Services”) provided by The N2 Company d/b/a Hyport (“Hyport”), a Delaware corporation, to its clients.  These Terms are incorporated into and form part of our Digital Marketing General Terms and Conditions (“General Terms of Service”). The Services are offered as a managed solution combining technology with services to facilitate effective business websites using third-party platforms and technology providers (each a “Service Provider”). Capitalized terms not defined here have the meaning assigned in the General Terms of Services.

The terms “we”, “us” or “our” shall refer to Hyport. The terms “you”, “your”, or “client” shall refer to any individual or entity receiving the Services under these Terms.

2. ACCEPTANCE OF TERMS

By using the Services, Client agrees to comply with these Terms, as well as any applicable policies, guidelines, and regulations imposed by the relevant Service Provider or Third Party Site. We reserve the right to modify these Terms at any time, with changes effective upon posting online. Continued use of the Services after such changes or modifications constitutes acceptance of the updated Terms.

3. SCOPE OF SERVICES

Hyport will provide the Services listed in the Order Form, including building and publishing a website for your business (the “Website”). The Website will be created using predefined templates and available customization options (i.e., colors, images, and text), subject to the design and feature limitations of the applicable Service Provider. Websites are built, hosted, and maintained on third-party platforms, and Client acknowledges that use of the Website is subject to the terms, policies, and availability of such providers. Custom development beyond available features is not be supported. The Services do not include photo, video, or image editing.

4. WEBSITE CONTENT

For Order Forms listing Web Engage, Hyport will create a Website using images provided by you or stock images from third parties which are subject to Third Party Terms. If you request that Hyport use images or other content provided by you, you are solely responsible for obtaining all necessary permissions, approvals, and any required credit or attribution for the Website’s use of such materials. Additionally, all client-provided images must be of suitable quality for web display, as determined by Hyport in its sole discretion. Hyport will not edit, enhance, or modify any images, and it is your responsibility to provide content in a ready-to-use format.

Unless otherwise provided on the Order Form, your Website is limited to one round of revisions.

5. REGISTRATION AND ACCOUNT SET UP

• Account Creation and Registration Information. Some features of the website building Services require account registration. As part of the registration process, you may be required to provide certain information, including but not limited to your name, email address, business name, physical address, and website URL (“Registration Data”). Registration Data will be securely stored with the applicable Service Provider in compliance with applicable data security and privacy standards.
• Accuracy and Security of Registration Data. By using the Services, you agree to:

• Provide true, accurate, and current Registration Data, and promptly update it as necessary to maintain accuracy;
• Maintain the confidentiality and security of your account credentials, including passwords and other access information;
• Ensure that any users with administrative privileges on your Website are authorized to make changes, manage settings, or access restricted features;
• Refrain from transferring your account or website access to another party without prior written consent from Hyport;
• Avoid impersonating any person or entity or misrepresenting your identity, including using another user’s credentials to access the website services; and
• Notify Hyport immediately if you become aware of any unauthorized access, loss, or theft of your account credentials, or any other security breach.

• User Responsibility for Account Activity. You acknowledge and agree that you are fully responsible for all activities occurring under your account. Any actions taken using your Registration Data will be deemed authorized by you. Neither Hyport nor its Service Provider are liable for unauthorized access or actions taken within your account due to your failure to safeguard your credentials.

6. DOMAIN AND HOSTING

Client is responsible for domain registration and renewal unless otherwise agreed in writing. If Hyport registers a domain on Client’s behalf, ownership may be transferred upon request, subject to applicable fees. Hosting services are provided by the Service Provider, and any disruptions, outages, or changes to hosting terms are outside Hyport’s control.

7.  CLIENT RESPONSIBILITIES

• Content Approval: The Client must approve the website content within listed deadlines to ensure timely completion. Delays in approval may affect the project timeline.
• Feedback for Revisions: All revision feedback must be consolidated and submitted in a single round. Hyport reserves the right to decline revisions submitted after the initial feedback period.
• Privacy Compliance: The Client is responsible for ensuring that their Website includes a compliant privacy policy that meets the requirements of applicable laws, such as the California Consumer Privacy Act (CCPA). If the Client requests pixel tracking or retargeting integration, they are responsible for ensuring compliance with applicable data privacy regulations.

8. TRANSITION UPON TERMINATION

If Client discontinues the Services, it may request Service Provider to host the Website or a copy of website content, subject to Service Provider limitations and prior to the date of termination. Certain content, including but not limited to images, fonts, or other licensed materials obtained from third parties, may be subject to separate licensing terms and may not be transferable. Hyport is not responsible for migration or implementation of the Website to another platform but may provide guidance in its discretion.

9. WARRANTY; LIMITATIONS OF LIABILITY; INDEMNITY; DISPUTE RESOLUTION

You expressly agree and acknowledge that your use of the Services is subject to the entirety of our General Terms of Service, and specifically those sections governing Hyport’s Limitation of Liability,  your obligations of Indemnification arising from or relating to your use of the Services, and the parties’ agreed-upon procedure for Dispute Resolution, including arbitration.