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Terms of Service

This agreement documents the terms governing the use of services provided by Modwest ("The Service"). It is a legal contract between Modwest and the account holder ("You" or "Your"), and Modwest only agrees to provide the Service to account holders who have read, understand, and agree to these terms.

1. INVOICING & PAYMENT: You agree to pay for the Service. Accounts are invoiced at the beginning of the selected billing term for the upcoming term of service plus any overages incurred during the previous term. Invoices for charges are sent to the email address provided by You to Modwest, and so it is crucial for You to maintain current contact information with Modwest. You can update this information any time at https://my.modwest.com/customer_info.phtml. Regardless of whether an emailed invoice is received by You, the payment due date is ten (10) days after being invoiced, or the 18th of the month, whichever is sooner. Your current balance due is always posted at https://my.modwest.com/. All Your invoices are always posted at https://my.modwest.com/invoices.phtml. There will be a thirty dollar ($30) charge for all bounced checks or canceled payments. If payment for an account becomes overdue, Modwest may, at its discretion, take any or all of the following actions:
a) Bill Your credit card directly for all outstanding charges and Late Fees, and arrange for all future invoices to be automatically charged to Your credit card; b) apply a Late Fee of two ($2) dollars. 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 the Modwest mail server 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 You or preserving for You, copies of any files, emails or other data. In the case of termination for the reason of nonpayment, You are still responsible for payment of all charges incurred up to the date the account was terminated, including any late charges and collection fees.

2. CANCELLATION & REFUNDS: You may request to cancel the account at any time. The cancellation will be effective at the end of the month in which Modwest receives the notice of cancellation. Cancellation requests must be in writing and must be initiated by filling out the cancellation form at https://my.modwest.com/asksupport.phtml?f_topics=Cancel%20this%20account or emailing billing at modwest.com from an address authorized to make changes to the account. Modwest will respond to the cancellation request by sending an email to Your email addresses on record within two business days to notify You that the account shall be canceled at the end of the current month. You will be responsible for payment of all charges incurred up to the effective date of cancellation. Upon receipt of Your notice of cancellation, any outstanding balance becomes due and payable immediately, and any outstanding balance will be immediately billed to Your credit card. If You have any remaining credit from prepayment, then the credits from those prepayments will be refunded in the following manner: If prepaid funds were based on a discounted rate, any refund will be calculated based on the regular monthly rate. Refunds are applied as credits to any remaining open accounts. If the account being canceled is Your last account, then refunds are applied as credit to Your credit card if feasible. If the refund is in excess of $30 and applying the refund as a credit to Your credit card is not feasible, a $30 processing fee will be deducted from the refund and a check for the remainder will be prepared and mailed to an address specified by You within fourteen business days.

3. 30-DAY GUARANTEE: Modwest provides a 30-day money-back guarantee. If, within the first thirty (30) days of You signing up for service with Modwest, You are unsatisfied with the service, then You may cancel within that 30 day period and request a refund of the account fees. Refunds requested under this section will not include overage fees, spam complaint handling fees, or consulting fees. You understand 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 You first sign up for service.

4. ACCOUNT RESPONSIBILITY: You are responsible for the actions of any person using that account, including sub-accounts such as mailbox users. You agree to change the primary account password every six months as a security precaution. Passwords must be at least seven characters long, be different from the previous four passwords used, and contain both letters and numbers.

5. PROHIBITED USES: Any use of the Service that interferes with any Modwest server's ability to function or degrades performance for other customers is prohibited. Any attempt to reverse engineer or compromise Modwest systems is prohibited. Portscanning and running any daemons, including irc bots, is also prohibited on the shared system. Legitimate persistent processes are allowed only on VPS and managed servers. Use of the Service to commit network abuse (including, but not limited to, denial of service attacks such as pingbombing, email bombing, etc.) or otherwise attempting to disrupt or compromise the security of hosts or networks is prohibited. You agree to pay complaint handling fees and have Your account terminated if it is used in violation of this paragraph.

6. MAIL ABUSE: 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 You, Your employee, agent, or marketing affiliate, is prohibited. You agree to pay complaint-handling fees if Your account is used to violate the terms of this paragraph. You agree to pay all other damages or fees associated with any unsolicited commercial email originating from or advertising Your account at Modwest. Our bulk mail policy is further developed here: http://www.modwest.com/help/kb13-325.html

7. CONTENT RESTRICTIONS: All data stored or transmitted must be legal under all applicable US laws. You are solely responsible for determining the legality of their data which is stored or transmitted. You acknowledge that as a passive conduit of hosted information, Modwest has no obligation (but reserves the right) to review hosted content, and You agree to defend, indemnify and hold harmless Modwest from any claims resulting from use of Your account which damages You or any other party. If You host websites serving adult explicit material, You 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. Additionally, You agree to respond in a timely manner to correspondence concerning Digital Millenium Copyright Act (DMCA).

8. RESOURCE UTILIZATION: In addition to the forgoing, the following policies apply to non-dedicated plans. While Modwest does not define arbitrary storage and bandwidth limits on the shared web hosting system, the intent of the service is to provide sufficient storage and bandwidth for typical websites. The shared web hosting system is not intended for uses such as video/media archiving, offsite backup storage for personal computers or remote-hosted servers, public file upload, file sharing/distribution, file-based "databases" such as catalogs that require more than 10,000 files, storage of any files larger than 200MB, large digital media collections, and any other use which requires a significantly disproportionate amount (in our judgment) of storage or bandwidth compared to other customers on the shared web hosting system. Upon identification of accounts that exhibit resource utilization far outside the norm, we may disable the account, require an account upgrade, cause the excessive resource utilization to cease, exclude the site from nightly backup routines, or terminate the account.

9. SECURITY: If Your account becomes the target of a network attack or if vulnerable or insecure scripts belonging to You 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 Your account) required to return Modwest servers or network operation to normal. Modwest uses software to scan all incoming email on the shared hosting system for viruses and will quarantine any email that fits known virus signatures. However, Modwest does not guarantee that this precaution will prevent an You from receiving email viruses.

10. NO GUARANTEE OF PRIVACY: 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 You 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 Your website unless You make a request to the contrary in writing to Modwest.

11. LICENSE: You grant Modwest a right and license to store, backup, and display the content that you upload to the Service. The license will terminate at such time as the content is removed from the Service, though tape backup copies of the content may persist after cancellation.

12. NO WARRANTY: Use of the Service, including the storage of information, is at Your 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. The Service is 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. Although Modwest provides backup services, You are solely responsible for maintaining backups of Your information. 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 You for damages, including but not limited to, loss of data, delays, nondeliveries, mis-deliveries, service interruptions, negligence of Modwest or the negligence of upstream providers. Neither shall Modwest be liable or responsible for the negligence, actions, errors, or omissions of You. The provisions of this paragraph will survive termination of this agreement.

13. INDEMNIFICATION: You 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 Your 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.

14. TERMINATION: Modwest may terminate service to You at any time, with or without notice, for violation of this agreement. Modwest will not be liable for any damages or harm to You resulting from such termination. If an account is terminated for violation of this agreement, Modwest will not provide to You or preserve for You, 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 servers, or that compromises the security of Modwest or any other account holder.

15. REQUESTS, CONSULTING: Modwest will make reasonable efforts to satisfy Your requests for technical and/or administrative changes to Your accounts. Unmanaged VPS customers are responsible for all system administration tasks (e.g., backups, performance tuning, security hardening, software installation, configuration changes, service monitoring, operating system patches) associated with their accounts. Certain tasks may, at the sole discretion of Modwest, incur a service fee based on an $104/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 on the same day, or after normal business hours (times other than 8am-5pm Mountain Time Monday through Friday) is $135/hour. Modwest will notify You of any charges prior to performing the work requested. Examples of such tasks include, but are not limited to, programming, system administration, and forensics.

16. AGREEMENT: Completion of the the Modwest signup form web page or use of a Modwest account indicates Your acceptance of the terms of this agreement.

17. LOCATION & GOVERNING LAW: Modwest controls the Service and stores the hosted content in the United States of America. Access to the Service where its use is illegal is prohibited. If You make use of the Service from outside the United States, you are solely responsible for compliance with applicable local laws and U.S. Export laws. 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 You which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.

18. 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 You after such a change constitutes Your acceptance of the revised terms.

Last Revised: July 19th, 2012

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