Modwest.com - Terms of Service

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Terms of Service

This agreement documents the terms of service for internet accounts provided by Modwest to the account holder.

1. The account holder agrees to pay for Modwest's services. Accounts are invoiced at the beginning of each month for both the current month of service plus any overages incurred during the previous month. Invoices for charges are sent to the email address provided by the account holder to Modwest. Account holders can update this information anytime at https://my.modwest.com/customer_info.phtml. Regardless of whether an emailed invoice is received by the accountholder, the payment due date is ten (10) days after being invoiced, or the 20th of the month, whichever is sooner. The accountholder's current balance due is always posted at https://my.modwest.com/. All the accountholder's invoices are always posted at https://my.modwest.com/invoices.phtml. There will be a thirty dollar ($30) charge for all bounced checks or cancelled payments. If payment for an account becomes overdue, Modwest may, at its discretion, take any or all of the following actions:
a) Bill the account holder's credit card directly for all outstanding charges and Late Fees, and arrange for all future invoices to be automatically charged to the account holder's credit card; b) apply a Late Fee of twenty ($20) dollars or ten percent (10%) of the balance due, whichever is greater. Late Fees may also be applied each subsequent month that Modwest does not receive full payment by the due date; c) disable the account and all services associated with the account. An account disabled for nonpayment will be unable to retrieve any emails or files from Modwest servers and any emails received by Modwest's mailserver while the account is disabled shall be the property of Modwest until the account balance is paid; d) terminate the account and permanently erase all files, emails and other data associated with the account, without providing to the account holder or preserving for the account holder, copies of any files, emails or other data. In the case of termination for the reason of nonpayment, the account holder is still responsible for payment of all charges incurred up to the date the account was terminated, including any late charges and collection fees.

2. The account holder may cancel the account at any time but the cancellation will be effective at the end of the month in which Modwest receives the notice of cancellation. Modwest will respond to the cancellation request by sending an email to the accountholder's billing email address we have on record within 48 hours to notify the account holder that the account shall be cancelled at the end of the month. The account holder will be responsible for payment of all charges incurred up to the effective date of cancellation. Upon Modwest's receipt of account holder's notice of cancellation, any outstanding balance becomes due and payable immediately, and any outstanding balance will be immediately billed to accountholder's credit card. If, after fees due for the final month of service are paid, the account holder has any credits from prepayments for future months, then the credits from those prepayments will be refunded. Cancellation requests must be in writing. The account holder may send cancellation a request by email to: billing@modwest.com

3. Modwest provides a 30-day money-back guarantee which applies to all basic shared hosting plans. The money back guarantee does not apply to Modwest Shop!-enabled hosting accounts, reseller accounts, or managed hosting. If, within the first thirty (30) days of account holder signing up for service with Modwest, account holder is unsatisfied with the service, then account holder may cancel within that 30 day period and request a refund. Refunds will not include overage fees, such as those for excess disk or bandwidth usage. Account holder understands that the money-back guarantee is NOT a free trial period and that the billing period starts, and charges begin accruing, from the original date that account holder first signs up for service.

4. The account holder is responsible for the actions of any person using that account.

5. Any use which interferes with any Modwest server's ability to function is prohibited. Portscanning and running any daemons, including irc bots, is also prohibited.

6. Mail abuse (including, but not limited to, mass mailing unsolicited email (SPAM), using SPAM to promote any email address, website, or other contact point located on Modwest's network, email forgery, usenet mass crossposting articles and usenet posting unrelated to group topics, or PRESENTATION OF EMAIL MARKETING INFORMATION, SOFTWARE, AND/OR SERVICES), direct or indirect, whether committed directly by the account holder, the account holder's employee, agent, or marketing affiliate, is prohibited. The account holder of any account involved in such mail abuse agrees to pay a five hundred ($500) dollar surcharge to Modwest and have their account terminated. The account holder agrees to pay all other damages or fees associated with any unsolicited commercial email originating from or advertising the account holder's account at Modwest. Our bulk mail policy is further developed here: http://www.modwest.com/help/kb13-325.html

7. Use of Modwest's facilities to commit network abuse (including, but not limited to, denial of service attacks such as pingbombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited.

8. All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted. The account holder agrees to defend, indemnify and hold harmless Modwest from any claims resulting from use of the account holder's account which damages the account holder or any other party. Customers with websites serving adult explicit material shall notify Modwest of that fact by phone or in writing so that Modwest can place that Account on a separate IP address from other Modwest accounts.

9. If the account holder becomes the target of a network attack or if vulnerable or insecure scripts belonging to the account holder are used to relay SPAM or otherwise become exploited by internet users, Modwest reserves the right to take any necessary actions (including, but not limited to, removal of any script or temporary suspension of the account holder's account) required to return Modwest's servers or network operation to normal. Modwest uses software to scan all incoming email for viruses and will quarrantine any email that fits known virus signatures. However, Modwest does not guarantee that this precaution will prevent an account holder from receiving email viruses.

10. Modwest will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories. Modwest will not disclose any files or information about the account holder unless compelled to do so by a court order, except that in the case of unpaid, overdue accounts, Modwest may disclose any personal information necessary for collections to third party collection agencies. Modwest may also maintain a public link to the account holder's website unless the account holder makes a request to the contrary in writing to Modwest.

11. Use of Modwest services, including the storage of information, is at the account holder's sole risk. Modwest does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. Modwest's services are provided on an "as is" basis without warranties of any kind, either express or implied, and with no implied warranty of merchantability and no implied warranty of fitness for a particular purpose. Neither Modwest nor anyone else involved in creating, producing, or delivering Modwest services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of Modwest, the inability to use Modwest, or any breach of any warranty. Modwest shall not be liable or responsible for any damage suffered by the account holder for damages, including but not limited to, loss of data, delays, nondeliveries, misdeliveries, service interuptions, negligence of Modwest or the negligence of Modwest's upstream providers. Neither shall Modwest be liable or responsible for the negligence, actions, errors, or omissions of the account holder. The provisions of this paragraph will survive termination of this agreement.

12. The account holder will indemnify and hold harmless Modwest against any loss, damage, cost and expense which Modwest may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions. The provisions of this paragraph shall survive termination of this agreement.

13. Modwest may terminate service to the account holder at anytime, without notice, for violation of this agreement. Modwest will not be liable for any damages or harm to the account holder resulting from such termination. If an account is terminated for violation of this agreement, Modwest will not provide to the account holder or preserve for the account holder, copies of any files, emails or other data. Modwest reserves the right to terminate any program or script that Modwest deems harmful to the performance of Modwest's servers, or that compromises the security of Modwest or any other account holder.

14. Modwest will make reasonable efforts to satisfy account holder requests for technical and/or administrative changes to the account holder's accounts. Certain tasks, such as installing specially requested software, may, at the sole discretion of Modwest, incur a service fee based on an $100/hour labor rate, billed in one-quarter hour increments with a one-quarter hour minimum charge. The labor rate for work requested to be performed after normal business hours (times other than 8am-5pm Monday through Friday) is $200/hour. Modwest will notify the account holder of any charges prior to performing the work requested.

15. Completion of the Modwest's signup form webpage or use of a Modwest account indicates acceptance of the terms of this agreement by the account holder.

16. This agreement shall be governed by and construed in accordance with the laws of Montana. Should any term be declared invalid by a court with jurisdiction, then the invalid term shall be severable and the remainder of this agreement shall remain in force. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any communication or correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.

17. This agreement is subject to change. A current copy will always be located at: http://www.modwest.com/tos.phtml

Continued usage of the account by the account holder after such a change constitutes the account holder's acceptance of the revised terms.

Last Revised: April 18th, 2006