Visibility, Productivity, Profitability

Hotel Marketing by Marketing and Hospitality Experts

Internet Marketing Improves SalesWhen selecting an agency to market your property it is important to choose a company that not only understands the 21st century marketing techniques but also understands the hospitality industry. HPG's team of hospitality experts, including 2 Certified Hotel Administrators, bring over 80 years of experience marketing hotels and resorts. We have the know how to keep your portfolio on top with search marketing, social marketing, paid advertising, and more.

  • We take care of the technology so you can focus on your core business.
  • We know the hospitality industry because we are a part of the hospitality industry.
  • We provide real results based on metrics, not fluff.
  • We maintain memberships with key technology and hotel organizations to stay ahead of the trends and provide you a competitive edge over your competition.

In short, HPG drives Visibility of your property on the web, in the GDS/ADS, and elsewhere. We ensure your marketing campaign Productivity is optimal. Ultimately we ensure real ROI through the Profitability of your overall marketing campaign.

Visibility, Productivity, Profitability. It's all made possible with Hospitality Performance Group. Call +1 407-915-3700 Now to get started!

Terms of Service

Terms of Service

Hospitality Performance Group ("We", "Us" or "Our") provides a platform for internet web hosting services to its subscribers (the "Subscribers" or "you" or "your"). Additionally, We may provide services involving registration, transfer or renewal of domain name among others. Your use of all of the services is governed by this Terms of Service (the "Terms of Service") and our Acceptable Use Policy ("AUP") found at http://www.hospitalityperformancegroup.com/legal/aup.html.

1. Services/Reselling Services. Subject to your satisfaction of our credit approval requirements, We agree to provide the services you ordered (the "Services") by completing and submitting our Services order form (the "Order Form") either in writing, online or verbally. Reselling the Services is strictly prohibited and is a material breach of the Terms of Service.

2. Domain Name Services. If your Order Form provides for Us to register, renew or transfer a domain name ("Domain Name Services"), We will submit the request to Tucows.com Co (the "Registrar") on your behalf. Our sole responsibility is to submit the request to the Registrar. We are not responsible for any errors, omissions or failures of the Registrar. You are responsible for closing any account with any prior reseller of Registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar.

3. Term. The initial term of each of your Services shall begin on the date (the "Services Commencement Date") that We generate an e-mail welcome message announcing the activation of the Service you ordered and shall continue for the number of months stated in the Order Form (the "Initial Term") for each such Service. Upon expiration of the Initial Term, this Terms of Service shall automatically renew for successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or Renewal Term, as the case may be. The Initial Term and any Renewal Term may be referred to collectively herein as the "Term."

4. Fees

(a) Recurring Fees. The fee for the Services specified in your Order Form(s) is the "Recurring Fee". Beginning on the Services Commencement Date, unless otherwise specified on your Order Form, you agree to pay the Recurring Fee in advance on the first day of each billing cycle (the "Due Date"), without invoice. The billing cycle for Recurring Fees is specified in the Order Form.

(b) Non-Recurring Fees. If you ask Us to perform Domain Services, you will be charged a "Domain Registration Fee" as specified on the Order Form. If you use bandwidth or disk space in excess of that provided in your Order Form, you agree to pay a fee ("Overage Fee") for such excess amounts. We may charge set-up fees ("Set Up Fee") for certain of the Services; a fee for credit card charge backs ("Charge Back Fee"); and other non-recurring fees relating to the Services. Domain Registration Fees, Overage Fees, Set Up Fees, Charge Back Fees, Reinstatement Fee (as defined below) and all other non-recurring fees relating to the Services are collectively referred to as "Non-Recurring Fees". You agree to pay Non-Recurring Fees when they are incurred.

(c) Fee Increases. Recurring Fees and Non-Recurring Fees are collectively referred to as the "Fees" or individually as "Fee". We may increase any or all of the Fees by giving notice to you not less forty-five (45) days prior to the beginning of a Renewal Term applicable to the particular Fee which is subject to increase. Such Fee increase shall be effective on the first day of the applicable Renewal Term. Unless you give notice to Us of your intent not to renew the Services as provided in Section 3, you are deemed to have accepted the increased Fee for the applicable Renewal Term and any subsequent Renewal Terms (unless the Fees are increased in the same manner for a subsequent Renewal Term).

5. Payment of Fees. Payment of the Fees shall be made to Us by credit or debit card (the "Card") in United States dollars. You authorize Us or an agent appointed by Us to charge Fees to the Card during the Term. We may charge the Card for (i) Recurring Fees five (5) days prior to or after the Due Date and (ii) Non-Recurring Fees as incurred by you. At Our option, We may abstain from charging the Card until the next Due Date or until the Fees exceed $50.00. Fees paid are nonrefundable. Fees charged but not disputed within sixty (60) days after the date that they are charged are conclusively deemed accurate. You are required to provide Us with changes to billing information, such as credit card expiration and change in billing address. Unpaid Fees shall accrue interest at the lesser of the highest rate allowed by applicable law and 1.5% per month. You agree to pay our reasonable costs of collection of overdue amounts, including collection agency fees, attorneys' fees and court costs.

6. Taxes. You agree to pay to Us all sales, VAT or similar tax imposed on the provision of the Services (but not in the nature of an income tax on Us), regardless of whether We fail to collect the tax at the time the Services are provided.

7. Law/AUP. You agree to use the Services in compliance with applicable law and Our AUP, which is incorporated by reference in the Terms of Service. You agree that We may, in our reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on your use of the Services. Amendments to the AUP are effective on the earlier of Our notice to you that an amendment has been made, or the first day of the next Renewal Term. You agree to cooperate with Our reasonable investigation of any suspected violation of the AUP. In the event of a dispute between the parties regarding interpretation of the AUP, our commercially reasonable interpretation of the AUP shall prevail.

8. Your Information. You represent and warrant to Us that (i) all information you provide for purposes of establishing and maintaining the Services is accurate; (ii) if you are an individual, you are at least eighteen years of age; (iii) you will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and (iv) you will not provide access to the Services to any person (including a natural person or government or private entity) located in or a national of any embargoed or highly restricted country under United States Export Regulations, which include as of September, 2005, Cuba, Iran, Libya, North Korea, Sudan or Syria. You agree that We may, without notice and without liability to you report to the appropriate governmental authorities any conduct by you that We reasonably believe violates applicable law, and provide any information that We have about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

9. Indemnification. You agree to indemnify and hold Us harmless, as well as Our affiliates, and each of the respective officers, directors, agents, partners, shareholders and employees of Us and of our affiliates from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements ("Claims") of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the Services, including without limitation Claims related to Web space content that violates any copyright, trademark or service mark; any proprietary right of any person or entity; and any state and/or federal laws or regulations, including US Export Regulations.

10. Disclaimer of Warranties.

WE MAKE ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DO NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

11. Limitation of Damages.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, OUR MAXIMUM AGGREGATE LIABILITY, AND THAT OF OUR AFFILIATES, AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, SHAREHOLDERS AND EMPLOYEES OF US AND OF OUR AFFILIATES, UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.

12. Suspension/Termination.

(a) Suspension of Services. You agree that We may suspend the Services if: (i) We reasonably believe that the Services are being used in violation of the AUP; (ii) you fail to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) We reasonably believe that suspension of the Services is necessary to protect Our network or other customers, (iv) as required by a law enforcement or government agency, or (v) if the Card cannot be charged for payment in accordance with Section 5. You agree to pay a reasonable fee for reinstatement ("Reinstatement Fee") following any suspension.

(b) Termination by You. The Terms of Service may be terminated by you at any time as long as all Fees then due together with unpaid Recurring Fees for the remainder of the Initial Term or the Renewal Term, as the case may be, are fully paid on the business day following the termination date.

(c) Termination by Us. The Terms of Service may be terminated by Us prior to the expiration of the Initial Term or any Renewal Term without liability as follows: (i) upon seventy-two (72) hours notice if you are overdue on the payment of any Fee; (ii) you materially violate any provision of the Terms of Service or the AUP, and fail to cure the violation within ten (10) days after receipt of a written notice from Us describing the violation in reasonable detail in our sole discretion; (iii) upon twenty-four (24) hours notice if the Services are used in violation of a material term of the AUP more than once, or (iv) upon twenty-four (24) hours notice if you violate Section 8 (Your Information).

13. Intellectual Property Use and Ownership. Neither party shall (i) use the other party's name, trademarks, trade names or logos in either its own legal name or in any fictitious or assumed name without the party's consent; (ii) knowingly remove or alter any logo, trademark, trade name, copyright, or other proprietary notice, legend, or symbol from any of the other party's products or documentation; or (iii) take any action, or intentionally omit to take any action that would jeopardize, limit, or interfere in any manner with the ownership of the other party's products, services, documentation, or intellectual property. Title to and ownership of all copies of any products, services, software, documentation, or Internet services developed by or for Us during the Term, whether in machine-readable or printed form, and including without limitation any derivative works, compilations, or collective works thereof, and all related technical know-how, and all rights therein (including without limitation rights in patents, copyrights and trade secrets applicable thereto), are and shall remain Our exclusive property and that of Our suppliers. You shall not take any action to jeopardize, limit, or interfere in any manner with the ownership and rights therein.

14. Confidential Information. Each party agrees not to disclose or use, and to assure that their employees and agents do not disclose or use any confidential information ("Confidential Information") of the other party. Our Confidential Information is Our unpublished prices for the Services, audit and security reports, server configuration designs, software interfaces and other proprietary technology. Your Confidential Information is content transmitted to or from, or stored by you on servers provided as part of the Services and not placed by you in a publicly accessible area. Confidential Information is also information of a party that is conspicuously marked as "confidential" or if disclosed in non-tangible form, is verbally designated as "confidential" at the time of disclosure and is confirmed as confidential in a written notice given within one (1) day of disclosure. Confidential Information does not include (i) any information which is independently developed by a non-disclosing party as shown by such party's written business records, (ii) is or becomes generally available to the non-disclosing party or the public other than through violation of this Section, or (iii) is required to be disclosed by law or regulation. The parties acknowledge that Confidential Information is valuable, special and unique; that its unauthorized disclosure or use will cause irreparable injury to its owner, that immediate injunctive and/or other equitable relief will be necessary and appropriate to remedy an unauthorized disclosure or use of Confidential Information, and that such relief may include without limitation a temporary restraining order obtained ex parte as well as permanent injunctive relief. Upon termination of the Terms of Service, each party agrees to return within a reasonable period of time any and all Confidential Information and other materials belonging to the other party upon request. This Section 14 will survive the termination of the Terms of Service for a period of two (2) years.

15. Back Up Copy. You agree to maintain a current copy of all of your content hosted by Us.

16. Notices. Notices to Us shall be given by means of electronic mail to the e-mail address posted for customer support on http://www.hospitalityperformancegroup.com/legal/aup.html. Notices to you shall be given via electronic mail to the individual designated as the Primary Contact. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day transmitted.

17. Force Majeure. We shall not be in default under the Terms of Service if the failure to perform is due to any event beyond Our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, failure of network providers, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

18. Governing Law/Venue. The Terms of Service shall be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The United Nations Convention on the International Sale of Goods shall have no application to the Terms of Service. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE SHALL BE THE STATE AND FEDERAL COURTS IN BEXAR COUNTY, TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

21. Miscellaneous. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Neither party has the power or authority to bind the other in any agreement and will not represent to any person that it has such power or authority. The Terms of Service may be amended from time to time by Us, in Our discretion. Amendments to the Terms of Service are effective on the earlier of Our notice to you that an amendment has been made, or the first day of the next Renewal Term. Terms of Service as amended are posted at http://www.hospitalityperformancegroup.com/legal/aup.html. The terms on any purchase order or other business forms issued by you are not binding on Us. A party's failure or delay in enforcing any provision of the Terms of Service will not be deemed a waiver of that party's rights with respect to that provision or any other provision. A party's waiver of any of its rights under the Terms of Service is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether or not similar in nature. Captions in the Terms of Services are for the convenience of the parties and are not intended for interpretation. The following provisions will survive expiration or termination of the Terms of Service: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination. There are no third party beneficiaries to the Terms of Service. You may not transfer the Terms of Service without our prior written consent. Our approval for any assignment is contingent on the assignee meeting our credit approval criteria. We may assign all or any part of the Terms of Service.

This Terms of Service together with the Order Form and AUP (i) constitute a legal and binding agreement between you and Us; (ii) are the complete and exclusive agreement between the parties regarding the subject matter; (iii) supersede and replace any prior understanding or communication, whether written or oral, and (iv) do not benefit any other person or entity.

Acceptable Use Policy

Hospitality Performance Group Acceptable Use Policy

Hospitality Performance Group ( "We", "Us"or "Our") provides a platform for internet web hosting services to its subscribers (the "Subscribers"or "you"or "your"). Services provided to you by Us ( "Services") may be suspended or terminated in accordance with the Terms of Services for violation of Our Acceptable Use Policy ( "AUP"). You are responsible for violations of this AUP by you and by anyone using your Services, whether or not authorized by you. We may amend this AUP at any time to further detail or describe reasonable restrictions on your use of its Services. The AUP is posted at http://www.hospitalityperformancegroup.com/legal/aup.html.

Inquiries regarding this AUP should be directed to Hospitality Performance Group, This email address is being protected from spambots. You need JavaScript enabled to view it..

Content Protected by Copyright

You may not use the Services to publish, distribute, or otherwise copy any music, software, art, or other work protected by copyright law unless you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner or you are otherwise permitted by established United States copyright law to copy the work in that manner. You may not use a domain name that infringes on a third party's trademark, service mark, or other proprietary right.

Prohibited Content

You may not publish or transmit pornography, any content that is excessively violent or that incites or threatens violence, contains harassing content or hate speech, is unfair or deceptive such as chain letters and pyramid schemes, is defamatory or violates a person's privacy, creates a risk to a person's safety or health, compromises national security, interferes with a investigation by law enforcement, improperly exposes confidential or proprietary information of another person, is intended to assist others in defeating technical copyright protections, infringes on another person's intellectual property, promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking, is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Us, or is otherwise malicious, fraudulent, or may result in retaliation against Us by offended viewers. Content "published or transmitted" includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.

Linking

You may not use the Services to publish directories, links or other information pointing to sites that contain content prohibited by this AUP.

Resale

You may not resell the Services, either in whole or in part.

Excessive Use of System Resources

You may not use the Services in a way that consumes a disproportionate amount of system resources. For example, you may not distribute software to the public, provide a public file download Services or employ programs that consume excessive CPU capacity. We may suspend or terminate your Services for violation of this provision in addition to requiring you to pay Overage Fees as described in the Terms of Service.

Bulk or Commercial E-Mail

You must obtain Our advance approval for any bulk or commercial e-mail, which will not be given unless you are able to demonstrate, at a minimum, that your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given, you retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor the recipient's and Our requests to produce consent evidence within 72 hours of receipt of the request.

You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail.

These policies apply to messages sent using the Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

We may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

You must comply with the rules of any other network you access or participate in using the Services.

Domain Names

We are not responsible for notifying you of any impending domain name expiration dates. Generally you must submit a renewal request at least 45 days prior to the expiration of the domain. You must keep your WHOIS information accurate and up-to-date. The e-mail address for the Administrative Contact in the WHOIS database must be the same as your billing e-mail address in Our records, and We may, but are not required to, change the e-mail address to comply with this requirement if necessary. Domain names may not be transferred within the first sixty (60) days of initial registration. Your rights to any domain name are governed by the rules and regulations of ICANN, the Registrar, and applicable law. Please note that requests for domain name transfers may not succeed for a variety of reasons not within Our control.

Internet Abuse

You may not use Our Services to engage in illegal, abusive, or irresponsible behavior, including: · Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Us and our Subscribers) without express authorization of the owner of the system or network; · monitoring data or traffic on any network or system without the authorization of the owner of the system or network; · Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; · Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; · Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or · Any conduct that is likely to result in retaliation against Our Services or network, including engaging in behavior that results in any server under your control being the target of a denial of service (DoS) attack.

Cooperation with Investigations and Legal Proceedings.

We may, without notice to you, report to the appropriate authorities any conduct by you and your customers that it believes violates applicable law, and provide any information it has about you in response to a formal or informal request from a law enforcement or regulatory agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on Our network. · Any actions which directly or indirectly result in Our IP space being listed in any of the various abuse databases may result in the immediate suspension or termination of your Services. · You must use the Services in a manner that complies with applicable law. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and you may not provide access to the Services to any person (including any natural person, business entity or government entity) that is located in or is a national of any embargoed country which are Cuba, Iran, Libya, North Korea, Sudan or Syria as of September, 2005.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the our Services, please send your written notice of copyright infringement to:

 

Hospitality Performance Group
This email address is being protected from spambots. You need JavaScript enabled to view it.
3564 Avalon Park Blvd. Suite 195, Orlando, FL 32828

Disclaimer

We are under no duty, and does not by this AUP undertake a duty, to monitor or police your activities and disclaims any responsibility for any misuse of Our Services or network. We have no obligation to any person who has not entered into an agreement for Services.

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