Hudracom Services Agreement Hudracom maintains this Web site as a service to the Internet community, as well as the small business community. Hudracom permits users to browse and peruse Hudracom Network for the purpose of accessing information, products and services to develop and grow a business presence online. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you agree to be subject to the terms and conditions set forth herein and all applicable laws. Hudracom may revise these terms and conditions and any product offerings or pricing at anytime, without notice, at Hudracom sole discretion, by updating this posting.
This offer is expressly conditioned upon your acceptance of these Terms of Service ("Terms"). Your use of or access toHudracom Network constitutes your Agreement to these Terms, as in effect from time to time. This offer and your acceptance thereof represents the entire agreement between you and Hudracom, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by Hudracom or by written agreement by an authorized officer ofHudracoms (provided, however, that any such revised posting shall take effect prospectively from the date of the posting). The Terms and the relationship between you and Hudracom shall be governed by and interpreted in accordance with the laws, without reference to its principles of conflicts of law. Hudracom reserves the right to send notices to its customers of changes to the Hudracom Privacy Statement or these Terms of Service, or of any material changes affecting their plan.
It is your responsibility to keep Hudracom notified of any changes to your e-mail address or contact information to assure that customers receive all such notices from Hudracom. Billing and contact information can be updated directly through the Hudracom Members Area or by contacting Hudracom support department
Payment Policy
3 Months Payments: Quarterly payments may be made by PayPal or Credit Card. Your first payment may include a setup fee, as indicated in the registration process.
6 Months Payments: Biannual payments may be made by PayPal or Credit Card. Your first payment may include a setup fee, as indicated in the registration process.
12 Months Payments: Annually payments may be made by PayPal or Credit Card. Your first payment may include a setup fee, as indicated in the registration process.
24 Months Payments: Biennially payments may be made by PayPal, Credit Card or Western Union. Your first payment may include a setup fee, as indicated in the registration process. If you choose to pay by Western Union, you will receive an e-mail that provides payment instructions 30 days before your biennial renewal payment is due.
You have 30 days to dispute any charge or payment processed by Hudracom. If you have a question concerning a charge you believe is incorrect, please contact us.
Hudracom reserves the right to suspend an account and its Website if, for any reason, we do not receive the payment.
Refund and Cancellation Policy
You are free to cancel your plan at any time.
All payments to Hudracom are nonrefundable. This includes any one time fees, setup fees, monthly fees, annually fees and biennially fees regardless of usage.
If you purchase a plan that includes a 30 day money back guarantee. The 30 day money back guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees which are non-refundable. Refunds will not be given for any reason in the case of account non-use, misuse or abuse. Refunds will not be given on domain name registration fees, additional items or services; this includes but is not limited to ssl certificates, dedicated ip addresses, "Unlimited Account Features", "Host Multiple Domains". All inquiries regarding this guarantee should be directed to
Accounts terminated by Hudracom for violating our Terms of Service do not qualify for our 30 day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Registration
When you register with Hudracom, you become a part of the Hudracom Network's community. As a customer of the Hudracom' community, you may have access to information and the ability to use Hudracom s buying and directory services as you expand your business. If you do not accept any of these terms, do not register for the services.
By registering with Hudracom, you agree to receive a copy of the Hudracom Network's newsletters, as well as other special Hudracom Network's offers that may arise from time to time. Should you not wish to receive the newsletter or any related such mailings, you may unsubscribe by using our subscription settings form.
User Data
Pursuant to Hudracom' Privacy Statement, Hudracom Network may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the Hudracom privacy policy, as may be amended from time to time.
Hudracom Services and Content
Hudracom makes no guarantee as to the availability of or access to (i) its Web site, (ii) any customer website or other website, information or material hosted by Hudracom, or (iii) the products and/or services available on or through any of the above. Hudracom is not responsible for the content of any Web page hosted on Hudracom, and the opinions and views expressed in the Web pages hosted on Hudracom do not necessarily reflect those of Hudracom. The contents of the Web pages hosted on Hudracom are not monitored or reviewed in any way before they appear on Hudracom.
Hudracom reserves the right to disable any scripts or other technology used by a member which has or could have a negative impact on the performance of Hudracom systems, e-mail capabilities and/or hosting environment.
Hudracom services may only be used for lawful purposes. Transmission or solicitation of any material that violates any laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws.
Examples of prohibited content or links include (but are not limited to):
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IRC software
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Pirated software
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Hacking programs or archives
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Warez sites
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Distribution of music files or any other material in which the account holder does not own the copyright.
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Gambling sites
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Game servers (dedicated game server programs)
Hudracom Network will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email -
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Spamming, i.e. the sending of unsolicited email, from any Hudracom server or any server located on the Hudracom network is STRICTLY prohibited. Hudracom will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Hudracom.
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Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Hudracom customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Hudracom-hosted domain, or referencing any Hudracom account, is prohibited.
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Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Terms or the Terms of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
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Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
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Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a Hudracom server or subscriber of Hudracom is strictly prohibited including, but not limited to:
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Logging into a server or account that you are not authorized to access
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Accessing data or taking any action to obtain services not intended for you or your use
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Attempting to probe, scan or test the vulnerability of any system, subsystem or network
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Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
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Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the system
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Interfering with, intercepting or expropriating any system, data or information
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Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
Upgrade
You could upgrade your hosting plan(s) anytime.
If you are upgrading your hosting package first 2 weeks after your last payment; customer will pay the difference of the next package and will have a new subscription at next payment date for the last package. If you upgrade your hosting package after 2 weeks of your last payment; customer must pay new package price and start to using it with new date. Old subscriptions are subject to cancel after new one achieved.
Domain Names
If Client chooses to register a domain name(s) through Hudracom, Client acknowledges and agrees that will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Hudracom does not offer refunds for domain name registrations and/or transfers and/or renewals for any reason; this includes but is not limited to misspelling of the domain name, non-use and/or misuse.
By registering a domain name, you enter into a contract of registration with Hudracom Network, Enom inc. and the relevant Registry on the terms and conditions published at http://www.enom.com/terms/agreement.asp
Dedicated IPs
Hudracom will maintain and control ownership of all Internet protocol ("IP") numbers and addresses that Hudracom may assign to you. Hudracom may, in its sole discretion, change or remove any and all IP numbers and addresses.
SSL Certificates
If Client chooses to purchase a GeoTrust and/or SecureBusinessServices Digital Certificate through Hudracom, Client acknowledges and agrees that will pay a fee(s) to purchase the digital certificate with the applicable digital certificate provider. Hudracom does not offer refunds for SSL certificate purchases and/or renewals for any reason; this includes but is not limited to non-use and/or misuse.
By purchasing a digital ssl certificate, you enter into a contract with Hudracom Network and GeoTrust, Inc. and/or Secure Business Services, Inc. on the terms and conditions published at http://www.geotrust.com/resources/repository/legal.asp and/or http://www.securebusinessservices.com/terms-service-sbs-ssl.asp based on what digital certificate purchased.
Network Uptime
Network Uptime is the total time in a calendar month that Hudracom Network is available through the Internet, provided that Client has established connectivity. Hudracom takes responsibility for Network availability, however, we cannot be held liable for upstream problems, outside of the network. Our guarantee is that the Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month, or your money back for that month.
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Hudracom Network as confirmed by Hudracom. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any Hudracom scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible with a minimum of 12-24 hours notice.
Platform Compatibility
Hudracom strives to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warranty that all of our services, tools and pages will perform optimally with every configuration. For best results, we recommend accessing Hudracom services through a PC running Windows 98, 2000 or XP, and using Microsoft Internet Explorer 5.0 or higher as a browser. We also recommend monitors set to a minimum of 256 colors, screen widths of at least 800 pixels, and ISDN or Broadband connections.
Spam Policy
Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a Hudracom-hosted Web site listed as the contact address, or any use of Hudracom' services or systems associated in any way with such mailings is strictly forbidden. Hudracom will immediately terminate, without any warning, the account of any customer who conducts these activities. Hudracom also reserve the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. Hudracom reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. Hudracom prohibits all scripts that automatically update a links listing and are submitted to by automated programs, either by design or by use. Use of these scripts is grounds for termination of your Hudracom account without any prior notice.
It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in Hudracom's sole discretion. Further, Hudracom shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by Hudracom in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of Hudracom, its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us. Complaints may be investigated by Hudracom but Hudracom is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of Hudracom. Notices of such problems should contain the following information: Identification of the security or firewall system that complainant believes was breached or on which a breach was attempted. Identification of the individual or entity who has attempted to or actually committed the breach. Identification and description of the nature of the attempted or actual breach. The address, telephone number, or e-mail address of the complaining party. A statement, under penalty of perjury, that the information in the notification is accurate.
Hudracom Network and Affiliates shall not have any obligation to refund payments made by customers terminated for violating these Terms.
Hudracom reserves the right to terminate in its sole discretion any Hudracom Website because of the traffic or bandwidth requirement of such Website exceeds the limitations for Bandwidth usage set forth below or in the event such website's usage creates other operational or technological problems.
Backup Files and Restore
All services such as backup and cPanel are provided for the courtesy of the client. It is the sole responsibility of the client to maintain the client's own backup of any data. Hudracom is not responsible for lost data or for lost data due to third party software that is not maintained by Hudracom programming staff. (cPanel is not associated with Hudracom Network)
Hudracom is not responsible for the restoration of data to server. We strongly recommend that you keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Hudracom shall not be liable for loss of data under any circumstance.
Limits on Bandwidth Usage
Data transfer is limited to a monthly maximum dictated by your level of plan and additional purchases. In the event that you exceed your bandwidth limitation, you may be contacted by support and given an opportunity to expand your bandwidth limitation.
In the event that you fail to respond to such e-mail contact and Hudracom determines that you have exceeded such usage during any given month, Hudracom reserves the right to suspend visitor access to the account until the next calendar month OR upgrade your plan to the next higher plan level that is sufficient to satisfy your Bandwidth usage during the month in which you exceeded such limit. Thereafter, your monthly plan fee would be revised accordingly to the posted monthly for such plan level. Your failure to pay any required fees or charges may result in termination of your Hudracom plan.
Reporting a Violation of Terms of Service.
If you witness a violation of these Terms, please notify us. Complaints may be investigated by Hudracom but Hudracom is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of Hudracom. Notices of such problems should contain the following information: Identification of the individual or entity which complainant believes has violated these Terms. Identification and description of the nature of the violation. The address, telephone number, or e-mail address of the complaining party. A statement, under penalty of perjury, that the information in the notification is accurate.
Intellectual Property Infringement
It is Hudracom policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. Hudracom will terminate all customers and users who are repeat infringers of intellectual property laws.
It is also Hudracom policy to protect its own intellectual property rights. Any infringement of Hudracom intellectual property rights will result in immediate termination by Hudracom of the infringing Hudracom contract. However, Hudracom will permit fair use of its trademarks. Copyright Infringement
Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, Hudracom will act expeditiously to remove or disable access to any material claimed to be a copyright infringement. Notices of copyright infringement should contain the following information: A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity. The address, telephone number, or e-mail address of the complaining party. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When Hudracom removes or disables access to any material claimed to be a copyright infringement, Hudracom may attempt to contact the user or customer who has posted such material in order to give that user or customer an opportunity to respond to the notification, although Hudracom makes no promise to do so. Any and all counter notifications submitted by the user or customer will be furnished to the complaining party. Hudracom will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Hudracom replaces or restores access to any material as a result of any counter notification.
LIABILITY LIMITATION
YOU AGREE THAT ALL ACCESS AND USE OF HUDRACO NETWORK AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL HuUDRACOM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (i) Hudracom Network AND/OR ITS CONTENT, (ii) ANY TOOLS OR SERVICES ON HUDRACOM NETWORK, (iii) ANY CUSTOMER WEBSITE OR ANY CONTENT ON SUCH WEBSITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING HUDRACOM.
WARRANTY LIMITATION
HUDRACOM NETWORK AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH Hudracom IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY HUDRACOM.
Severability
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Waiver Of Jury Trial
Both you and Hudracom hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Hudracom each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
Miscellaneous
These Terms shall bind and benefit the successors and heirs of the parties.
Terms of service, product offerings and pricing are subject to change at any time, without notice.
Hudracom Network has connections with other websites. We are not in charge for their policy and safety or for the way they manage their visitors.
Privacy Police
At Hudracom Network, we are committed to protecting your privacy. The limited information we do collect is used to provide you with a personalized experience, better service, and at times, bring you value-added offers.
The Information Collected and How It Is Used
Cookies. Our site uses cookies to deliver content specific to your interests and to save your encrypted password so you don't have to re-enter it each time you visit our site. Also, we use cookies to make sure you don't select your preferences repeatedly. E-mail & Demographic Data. Our site's registration form requires users to give us contact information (i.e. name and e-mail address) and demographic information (i.e. interests and business information). We use contact information from the registration form to process quarterly Cash Back checks for our affiliate program, to send you a monthly Hudracom newsletter, and to send you information that may help your business grow. The customer's contact information is also used to contact the visitor when necessary (i.e. customer support issues). Users may later opt-out of receiving future mailings if they have opted-in initially; see the choice/opt-out section below. Demographic and profile data is also collected at our site. We use this data to tailor the customer's experience at our site, showing content that we think might be of interest, and displaying the content according to customer preferences. Online Surveys. At times we conduct completely voluntary online surveys where we ask for contact information and solicit feedback on various topics from visitors. We use the collected data from such surveys to fine tune our product and service offerings. And we use contact data to follow-up with you to highlight the changes we have made to our business based on your feedback.
Security
All data collected at Hudracom is done so with the use of secure servers. The secure server software (SSL 128-bits) encrypts all information you input before it is sent to us. Furthermore, all of the data we collect is protected against unauthorized access.
Choice/Opt-Out
If one has initially opted-in, our site provides users with the opportunity to opt out of receiving communications from Hudracom and our partners that are not directly related to the services we provide. Please note: Hudracom does reserve the right to send account-related e-mail communications to all active customers.
To unsubscribe from Hudracom newsletters and promotional mailings, please update your preferences with our subscription settings tool .
If you would like to cancel a Hudracom plan completely, please contact customer service or do it yourself from the Account Management System.
Correct/Update
To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your Members Area. Contacting Hudracom
If you have any questions about this privacy statement, the practices of this site, or your dealings with Hudracom Network, you can contact us.
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