Modwest Home
Powered by Blackfoot Telecommunications Group
    |     Sign In
 

Terms of Service

Terms of Service
This agreement documents the terms governing the use of services provided by Modwest (individually and collectively, the Service"). It is a legal contract between Modwest and the account holder ("You" or "Your").
1. INVOICING & PAYMENT: You agree to pay for the Service. Invoices for charges are sent to the email address provided by You to Modwest, 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 the date of the invoice, or the 18th of the month, whichever is earlier. Your current balance due is always posted at https://my.modwest.com/. All Your invoices are always posted at https://my.modwest.com/account/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 actions in (a) through (e) below:
(a) apply a late fee of two ($2) dollars (each a "Late Fee"). A Late Fee may also be applied each subsequent month that Modwest does not receive full payment by the due date;
(b) charge You interest on Your unpaid balance at the highest legal rate;
(c)Bill Your credit card directly for all outstanding charges, interest, and Late Fees, and arrange for all future invoices to be automatically charged to Your credit card ;
(d) 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;
(e) 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. If Modwest receives the notice of cancellation (a) on or before noon Mountain Time on the last business day of the month, then the cancellation will be effective at the end of the month in which Modwest receives the notice of cancellation, or (b) before the end of a given month but after noon Mountain Time on the last business day of that month, then the cancellation will be effective at the end of the following month. 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 cancel the account at the end of the month in which it receives the cancellation request pursuant to the procedure described above. 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.

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 the 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 but not limited to irc bots, is also prohibited. 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. If You violate this paragraph, You agree Modwest may immediately terminate Your account without notice to You .

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. Furthermore, if You violate this paragraph You agree Modwest may immediately terminate Your Account without notice to You.

7. CONTENT RESTRICTIONS: All data stored or transmitted must be legal under all applicable local, state, and federal laws. You are solely responsible for determining the legality of the data that 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. You agree to defend, indemnify and hold harmless Modwest from any claims resulting from use of Your account. If You host websites serving adult explicit material, You shall notify Modwest of that fact 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 Millennium Copyright Act (DMCA), and other matters.

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 significant amount (in Modwest's judgment) of storage or bandwidth compared to other customers on the shared web hosting system. Upon identification of accounts that exhibit resource utilization in excess of 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 or cancellation 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 endeavor to quarantine any email that fits known virus signatures. However, Modwest does not guarantee that this precaution will prevent 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 required to do so by law, 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, but are not required to, persist after cancellation.

12. NO WARRANTY: Use of the Service, including the storage of information, is at Your sole risk. The Service is provided on an "as is" basis without warranties of any kind, either express or implied. Modwest hereby disclaims all warranties, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. You are solely responsible for maintaining backups of Your information. You agree Modwest nor anyone else involved in creating, producing, or delivering Modwest services shall be liable for any direct, indirect, incidental, special or consequential damages, the inability to use the Service, 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, economic damages, loss of profits, negligence of Modwest or the negligence of upstream providers. Modwest does not warrant either the results to be obtained from the Service or that the Service will be uninterrupted or error free. 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 agree to indemnify, defend, and hold harmless Modwest against any and all claims, causes of action, loss, damage, cost and expense which Modwest may incur or become liable for by reason of a claim or action for libel, violation of privacy rights, plagiarism, copyright infringement, and a claim arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claim or suit resulting from Your use of the Service including, without limitation, the expense and cost of defending any and all such claims and actions, including but not limited to expert and witness fees as well as reasonable attorney and paralegal fees. 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. You agree 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. Notwithstanding the foregoing, You agree Modwest may terminate this agreement for convenience upon 30 days' notice to You, with such notice sent by e-mail to your e-mail of record with Modwest. If Modwest terminates Your account for convenience, Modwest will provide You copies of any files, e-mails and other data You request (all in Modwest's native file format) if You request such data by the date Your account is cancelled, after which time you hereby authorize Modwest to delete and no longer store such data.

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 Blackfoot's then-existing standard rates (which are available upon request), billed in one-half hour increments with a one-half 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) will be Blackfoot's then-existing same-day / after-hours rates (which are available upon request), which are higher than Blackfoot's standard rates. 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 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 all applicable laws, including but not limited to U.S. Export laws. This agreement shall be governed by and construed in accordance with the laws of Montana, and You agree venue for any dispute shall exclusively be in the state or federal courts located in Missoula, 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 21st, 2017
Copyright 2000-2017 by Modwest, Inc.      About    |    Blog    |    Community    |    Jobs    |    Contact