Terms Of Service

The following terms and conditions (these "Terms") govern the provision by ModHost ("us", "we", "our", "Company" or "ModHost") of the services and/or products referred collectively herein as ("Services and Products") described on the Order Form (the "Service Descriptions") and defined in any of the Company’s product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement." ModHost reserves the right to change and update this document as needs change or arise.

Jurisdiction and Jurisdictional Disputes, Legal Responsibilities.

The parties expressly recognize that, where ModHost is acting solely as Customer's host, ModHost is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where ModHost is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold ModHost harmless, defend ModHost exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over ModHost). Any threat of legal action against ModHost will result in immediate account and service termination without refund.

Limitation on Company Liability.

Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Storage & Backups.

ModHost shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time ModHost may need to preform maintenance on their services. Customers with unmanaged services are to manage their own backups at their own expense. ModHost is not responsible for data that customer may have lost due to said crashes, down time or vulnerabilities. Due to the nature of computer hardware, ModHost is not liable for any data loss occurred.


ModHost may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, ModHost shall provide prior notice within 24 hours for all scheduled maintenance. Emergency maintenance may be carried out at any time, with or without notification. For all customers, efforts must be made to ensure that their service do not get listed, banned or blocked, by any firewalls or blacklists. ModHost will not be able to provide a replacement IP address for actions caused by customer's negligence.


The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by ModHost including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds ModHost harmless for any compromise of Customer’s security that resulted from their own actions, the actions of ModHost or the actions of any third party.


Invoices for recurring services are generated at least seven days in advance of the due date. Overdue services are subject to Suspension and Termination.


Refunds are available for hosting and unmanaged virtual private servers within 3 days from the signup date by new customers. Prior established customers will receive refund in the form of ModHost account credit. Licenses, domains, IP addresses, SSLs and management services are not eligible for refunds.

Disputes & Chargeback.

Raising a billing dispute, claim or chargeback with our payment processors may result in instant suspension or termination of all services within the customer account. Customer account details may also be reported to FraudRecord.com and/or law enforcement agencies.

Copyright & Abuse.

ModHost is not responsible for copyright infringements caused by what the Customer hosted on ModHost's servers. Customers are to respond to any abuse, blacklist or DMCA reports within 48 hours or the service may be suspended.

Suspension and Termination.

ModHost will suspend services after 5 calendar days of non-payment. After 14 calendar days of non-payment, services will be terminated along with all data, IP addresses and other information. Repeated failure to pay invoices with termination will lead to account termination and refusal of service. Attempts to defraud ModHost results in instant account termination.

Restrictions on Use.

You may not host any data, text, music, sound, photographs, graphics, video, messages or other material ("User Content") that is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive; constitutes a breach of any person's privacy or publicity rights; violates any statute, regulation or ordinance; promotes software or services that deliver unsolicited mail; or promotes, encourages, or facilitates terrorism or other activities that risk United States national security.

You may not upload, post, e-mail or otherwise transmit any User Content that contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of our services.


Message and data encryption is possible on ModHost, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds ModHost harmless for any compromise of Customer's encryption method. ModHost respects the individual privacy of each customer, however breaches in security and personal mistakes on the part of our employees do happen. Customer agrees to indemnify and hold ModHost harmless and blameless for any compromise of personal, business, or private information in any form. Information regarding how we collect and use your personal data may be found in our Privacy Policy.


Failure by either Company (ModHost) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.