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TERMS OF SERVICE :

ModHost is a web hosting and web development firm. All accounts on our web servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by the terms and conditions below.

1. User Conduct / Content Restrictions

Our services may only be used for lawful purposes - any use of these services which violates any laws which may apply to ModHost, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

While using the service, you may not post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. ModHost reserves the right to the final decision on what constitutes abuse.

Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

Pornography and sex-related merchandising is prohibited on all ModHost servers. This includes sites that may infer sexual content, or links to adult content elsewhere. ModHost will be the sole arbiter in determining violations of this provision.

MLM (Multi-Level Marketing) / pyramid schemes, lottery, gambling and 'free stuff' / giveaway websites are forbidden on ModHost servers. ModHost will be the sole arbiter as to what constitutes a violation of this provision.

2. Resource Usage

Users may not initiate the following on our servers:

  • Run any process that use more than 5% of all available system resources at any time.
  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  • Run stand-alone, unattended server-side processes at any point in time on the server.
The following are banned from installation onto our servers, due to the risk of abuse or the nature of the software and its negative impact upon the servers:

  • Any IRC related software
  • UltimateBBS (all versions)
  • Ikonboard (all versions)
  • YaBB (all versions)
  • FUD Forum
  • Webmail modules of PHP-Nuke and Xoops
  • Greymatter (all versions)
  • AlienForm (all versions)
  • Proxy Servers and Scripts (EX: nph-proxy)
  • FormMail.cgi, FormMail.pl from Matt's Script Archive
  • Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
  • The Anonymizer
  • lstmrge.cgi
  • Any script using persistent MySQL connections
  • Any script that uses and processes a massive number of flatfiles or large flatfile databases.
Users are also required to abide by the following:

  • Databases are only to be used for ModHost-hosted web sites, and no outside access will be granted.
  • We do not allow reselling email accounts or offering free email services to the public using our mail server.
  • We do not allow reselling / redistributing web hosting on a shared hosting account.
  • Customers are required to keep the scripts installed on their accounts up-to-date and secure. This includes but not limited to scripts installed through Fantastico.
ModHost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. ModHost also reserves the right to make any such modifications in an emergency at our sole discretion.

2.1 Email limits

Our servers allow to send up to 100 messages per hour per account. The limits have been introduced not only in order to minimize the risk of spamming activity but also to provide a stable platform for all users on a shared hosting server.

3. Indemnification

You agree to indemnify, defend, and hold harmless ModHost from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, ModHost, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

4. Refusal or discontinuation of service

ModHost reserves the right to refuse or discontinue service to anyone at ModHost's sole discretion. ModHost may deny you access to all or part of the service without notice if you engage in any conduct or activities that ModHost in its sole discretion believes violates any of the terms and conditions in this agreement. ModHost shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that ModHost has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. ModHost reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. ModHost also reserves the right to refuse refunds in cases where ModHost believes abuse has taken place.

5. No warranties

ModHost makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by ModHost or its agents or employees shall create a warranty. ModHost provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall ModHost be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with ModHost's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on ModHost's servers that such information becomes available to all Internet users and that ModHost has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of ModHost's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through ModHost or on the Internet generally.

Your use of the service is at your sole risk. ModHost is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by ModHost, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future ModHost policy decisions.

ModHost reserves the right to monitor any and all communications through or with our facilities. You agree that ModHost is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. Account-Holder Identification Information

You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply ModHost with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

7. Sharing of account space & resale restrictions

You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

8. Payment & Other Information

You agree to supply appropriate payment for the services received from ModHost, in advance of the time period during which such services are provided. You agree that until and unless you notify ModHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.

9. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with ModHost or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and the said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on ModHost's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

10. Money Back Guarantee

Each web hosting plan listed on our web site (www.modhost.com) includes a full 30-day money back guarantee.

If you are not completely satisfied with our web hosting services within the refund time period, you will be given a full refund of the contract amount. No refund is available after that period.

This policy does not apply to any additional services including domain registrations.

Accounts cancelled/terminated by ModHost for violating our Terms of Service do not qualify for the 30-day money back guarantee.


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