ModPosh Terms of Service (TOS) - ModPosh Web Design

ModPosh.com ("ModPosh"), a division of ModPosh Web Design ("The Company"), agrees to furnish services to the You ("Subscriber"), subject to the following TOS (Terms of Service).

Use of ModPosh Service constitutes acceptance and agreement to ModPosh AUP (Acceptable Use Policy) as well as ModPosh TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of ModPosh and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by The Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Oregon, county of Washington applicable to contracts enforceable in that state. Venue will be Washington County, Oregon.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of ModPosh Service for illegal activities. Therefore, Subscriber agrees that The Company may disclose any and all Subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ModPosh shall have the right to terminate all service set forth in this Agreement.

Account Creation: ModPosh will set-up Subscriber's account after receipt of payment and/or the order(s) have been screened for fraud. ModPosh reserves the right to postpone or terminate any order if suspicions arise. Refunds will be distributed to any Subscriber whose order is terminated due to suspicions. Fraudulent payments are not accepted and every order is scanned. ModPosh reserves the right to phone verify any suspicious orders. Subscribers caught sending a fraudulent payment will be turned over to ModPosh collections and fraud team. From there, the fraud team will contact the appropriate authorities to ensure that this does not happen again.

Payments and Fees: ModPosh Service will be interrupted on accounts that reach 30 days past due. ModPosh Domain Name Registration Service that is interrupted for non-payment is subject to a $95 reconnect charge* (*The charge passed on to us from our domain buyer.). All other ModPosh Services that are interrupted for non-payment are subject to a $10 reconnect charge. Accounts not paid by due date are subject to a 2% late fee. Accounts that are not collectable by The Company may be turned over to an outside collection agency for collection. If Subscriber's account is turned over for collection, Subscriber agrees to pay The Company a "Processing and Collection" Fee of not less than $50, nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus interest and collection fees.

Account Cancellation and Refunds: All requests for canceling accounts must be made in writing on the day of the cancellation through e-mail sent to support@ModPosh.com. Subscriber must have all account information to cancel. Refunds will be given on a case by case basis and will not apply to all Subscribers. Domain purchases are non-refundable.

Support Boundaries: ModPosh provides minimal technical support to our Subscribers. We limit our technical support to our area of expertise.

SPAM and Unsolicited Commercial E-mail (UCE): ModPosh takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that Subscribers of ModPosh may not use or permit others to use our network to transact in UCE. Subscribers of ModPosh.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of ModPosh SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ModPosh will initiate an immediate investigation (within 48 hours of notification). During the investigation, ModPosh may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ModPosh may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ModPosh reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ModPosh will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $30 and the Subscriber's account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of the Subscriber's account.

Responsibility for Content: Subscriber, as ModPosh customer, is solely responsible for the content stored on and served by their assigned ModPosh server.

Resellers: As our resellers are ultimately responsible for the actions of their clients over the ModPosh.com network, it is advisable that resellers develop a similar, or stricter policy for their clients. Subscriber acknowledges that if they choose to resell disk space and bandwidth, Subscriber is responsible for their clients. Any rule that ModPosh sets, applies to both Subscriber and Subscriber's client(s). Subscriber, as the account holder, is responsible for keeping up-to-date on what their clients are hosting and whether or not it is breaking the ModPosh TOS. ModPosh has no control over who you give hosting to, so it is your responsibility to keep watch over your own customers.

System Resource Usage (CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. First violations of this policy will result in an "Administrative Fee" of $30 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.

Bandwidth and Disk Usage: Subscriber is allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package purchased. Should Subscriber's account pass the allocated amount, ModPosh reserves the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, and/or suspend the account until the account is upgraded to a higher level of package. Unused transfer in one month cannot be carried over to the next month. ModPosh will monitor Subscriber's bandwidth and disk usage. ModPosh shall have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ModPosh's sole and absolute discretion. If ModPosh takes any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the ModPosh Network. Violations of system or network security may result in civil or criminal liability. ModPosh will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:

IP Address Ownership: If ModPosh assigns Subscriber an Internet Protocol address for Subscriber's use, the right to use that Internet Protocol address shall belong only to ModPosh, and Subscriber shall have no right to use that Internet Protocol address except as permitted by ModPosh in its sole discretion in connection with the Services, during the term of this Agreement. ModPosh shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by ModPosh, and ModPosh reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Suspension of Service or Cancellation: ModPosh reserves the right to suspend network access to any Subscriber if in the judgment of the ModPosh network administrators the Subscriber's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ModPosh chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. We offer a 30-day money back providing we failed to provide you with the service as outlined for each individual hosting plan. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Miscellaneous Provisions: Subscriber must provide us with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up-to-date by contacting billing@ModPosh.com.

A waiver by The Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign Agreement at anytime without consent from or notice to Subscriber. The Company reserves right to cancel Subscriber's rights under this contract at anytime without further obligation.

ModPosh takes no responsibility for any material input by others and not posted to the ModPosh Network by ModPosh. ModPosh is not responsible for the content of any other websites linked to the ModPosh Network; links are provided as Internet navigation tools only. ModPosh disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Laws Affecting Electronic Commerce: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Subscriber agrees that the Subscriber is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ModPosh and/or The Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

Indemnification: Subscriber agrees that it shall defend, indemnify, save and hold ModPosh and The Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ModPosh and/or The Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Subscriber, its agents, employees or assigns.

Furthermore, ModPosh and/or The Company are not responsible for any damages Subscriber's business may suffer. ModPosh and/or The Company do not make implied or written warranties for any ModPosh services. ModPosh denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ModPosh and/or The Company. Subscriber agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ModPosh servers.

Disclaimer: ModPosh and/or The Company will not be responsible for any damages Subscriber's business may suffer. ModPosh makes no warranties of any kind, expressed or implied for services provided. ModPosh disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ModPosh and its employees. ModPosh will keep all information confidential unless a law or government official requests your information in writing. At which time, we are forced to give over any information we have. In no event will ModPosh be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate services provided through ModPosh.

Changes to the Terms of Service: ModPosh and/or The Company reserves the right to revise its Terms of Service at any time without notice.