This Terms of Service (the "Agreement") is a legally binding contract between Modularity Networks LLC(the "Company") and you (the "Customer") that shall govern the purchase and use, in any manner, of services provided by the Company to the Customer (collectively, the "Services").
By purchasing or using the Services in any manner, the Customer represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of Pennsylvania. If the Customer does not accept the Agreement and all terms and conditions set forth within, he should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without notice.
Term of Agreement
The Agreement becomes effective immediately upon submission of an order by the Customer for a period of time as specified on the original order form (the "Billing Term"). Following the expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as outlined below.
Obeying the Law
As Modularity Networks LLC is located within the United States of America, we are required to follow any and all US laws. This provision applies to all Services provided and maintained by Modularity Networks LLC, whether located within the US or other countries.
Payment and Fees
The Company will automatically bill the credit card on file for the Customer one day before the new Billing Term. All fees are billed in United States Dollars ("USD") and are subject to change at anytime with thirty (30) days prior notice to the Customer. It is the responsibility of the Customer to ensure that all billing information on file with the Company is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. Any account not paid in full by the end of the first day of the Billing Term will be subject to a "Late Penalty" the greater of 15% of the past due amount or $3.00 USD. Following five (5) days of non-payment, the Company reserves the right to **Suspend Services, Once the account is suspended there will be a $25.00 fee to have service restored. And to subsequently terminate Services after thirty (30) days following suspension of Services. The Company is not responsible for any damages or losses as a result of suspension or termination for non-payment by the Customer.
Billing Cycles
We offer several billing cycle options.
Monthly
Quarterly
Semi-Annually
Annually
You can switch between cycles by e mailing billing@modularityhosting.com and request a cycle change.
Refund Policy
We offer a thirty (30) day money back guarantee on web hosting. No refunds are offered on virtual private server (VPS) packages, dedicated server packages, custom packages, setup fees, domain registrations or transfers, SSL certificates, dedicated IP addresses, or software licenses. Additionally, a service fee will be assessed to refunds on any account with a free/included SSL certificate (at $39.95 per year). Refunds are not offered for accounts that are suspended or terminated for violating the Agreement. Refunds are only available for new customers. If the Customer previously had Services with the Company, whether or not a refund was received, the Customer would not be eligible for a refund. The Company reserves the right to refuse a refund at anytime for any or no reason. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to 2-3 weeks for processing. We do not issue refunds via check, alternate credit cards, or other payment methods. In any event, no refunds are offered after the first thirty (30) days of Service.
Collections Agency
Any account that remains unpaid after thirty (30) days may be submitted to an outside collections agency and reported to all major credit bureaus. The Customer agrees to pay a "Collections Fee" of $35.00 USD in the event that his account is submitted to an outside agency for collections. If further civil or criminal actions are deemed necessary to collect a debt, the Customer agrees to pay all associated costs including court costs and reasonable attorney's fees.
Chargebacks, Reversals, and Retrievals
All disputes and overcharges must be reported directly to the Company, in writing, within thirty (30) days. Any Customer that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal ("Dispute") will be immediately suspended or terminated pending investigation. The Customer agrees to pay a "Research Fee" of $35.00 USD per Dispute regardless of the actual validity of the charge.
Cancellation of Services
The Customer may cancel service by providing no less than forty-eight hours (48) hours prior notice by contacting us through an e mail to billing@modularityhosting.com . Modularity Networks LLC does not accept cancellations via telephone, live chat, or any other method except by emailing billing. If cancellation notice is not received within the required timeframe, the Customer will be billed for the next Billing Term and responsible for payment as set forth above. The 48 hours is strictly enforced.
Refusal of Service
The Company reserves the right to refuse service to any person at Company's discretion. The Company further reserves the right to deny service to any script, program, software, or other service at Company's discretion. Such refusal can occur at any time, for any or no reason, and without explanation.
Suspension and Termination of Services
The Company reserves the right to suspend or terminate the Agreement and all associated Services at anytime without notice and for any or no reason including, but not limited to, breach of any provision of the Agreement. The Company is not responsible for any damages or loss of data resulting from such suspension or termination.
**Suspension for non payment Once service is suspended access to all files and email are revoked until payment is made. If customer wants a copy of the files before termination we charge $100.00 for a full server back up file. Business Basic, Advanced and Pro plans: Files from these plans can not be Back Up and will not be include in the server back up.
Resource Usage
Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Modularity Networks LLC customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.
Service Modifications
Modularity Networks LLC reserves the right to add, modify, or remove any or all features from any service The Company provides, at any time, with or without notification. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and 3rd party applications. These changes can be made for any or no reason. The Company does not guarantee the availability of any feature, whether written or implied.
Uptime Guarantee
Modularity Networks LLC guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service. Credits are available only for future services/invoices and will not be issued as refunds. Requests sent via email or support ticket will not be accepted. All credit requests must be sent via our official request form at http://www.modularitynet.com/credit/ no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required timeframe will not be accepted - no exceptions. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer fault/error, issues with customer ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (VDS) or Dedicated Server packages. We reserve the right to deny any credit request for any or no reason.
Support Policy
The Company will provide technical support to the Customer twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year, with the exception of few holidays and brief company meetings. The only official method for technical support is via our helpdesk which can be reached by sending an e mail to support@modularityhosting.com from a registered e mail address. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
Telephone / Live Chat Support Policy
Limited support will be provided, at our discretion and subject to availability of staff, via telephone and/or live chat. Telephone and live chat options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums. Any inquiries via telephone or live chat support must be limited to general questions which do not require access to any account or server to investigate or resolve; and may not be used to request the status of or provide updates to a helpdesk ticket. Any issue requiring investigation, research, or access to an account/server must be sent via the helpdesk. We reserve the right to direct any issue to the help desk at our discretion and to refuse to provide support for such issue via telephone or live chat. Telephone and live chat support options are considered to be privileges that are subject to revocation at our discretion for any or no reason.
Advanced Support Policy
Support to the Customer is limited to our area of expertise and is available only for issues related to the physical functioning of the Services. We do not provide support for any 3rd party software including, but not limited to, software offered by but not developed by the Company. We reserve the right to refuse assistance with and/or assess an "Advanced Support Fee" of $75.00 USD per hour (1 hour minimum) for any issue that, at our sole discretion, is: (a) outside the scope of standard support; or (b) caused by client error.
Abusive Actions
Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company's sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.
Backup Services
As an added no-charge service, Modularity Networks LLC performs occasional backups of its servers that house its web hosting and packages. No backups are performed for virtual private server (VPS) or dedicated server packages, unless the Customer specifically purchases an additional service for this purpose. Any and all backup services provided by Modularity hosting, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. The Customer agrees to maintain a backup of their data at all times on equipment not maintained by Modularity hosting, or its Customer fail to retain a backup of their data during an instance of data loss or corruption, and Modularity Networks LLC does not hold a recent or valid copy, the Customer agrees to not hold Modularity Networks LLC liable, as defined in the section "Limitation of Liability".
If the Customer requires Modularity Networks LLC to restore a backup of their data that is located on a backup server maintained by the Company, the Customer agrees to pay a "Restoration Fee" of $10.00 USD to complete the request. This fee is non-refundable, even if the Customer is not satisfied with the completion of the request. The Customer also confirms a backup restoration will overwrite any and all current data on the Customer's account. Modularity Networks LLC cannot be held liable if a backup restoration does not complete successfully.
Domain Name Registrations, Transfers, and Renewals
Modularity Networks LLC will make every effort to ensure domain names are registered, transferred, or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is the Customer's responsibility to contact the Company within fifteen (15) days of the incident for us to investigate. Redemption fees may be charged to the Customer for domains that remain expired for more than 30 days, when no contact is made to the Company in the required timeframe. Modularity Networks LLC liability is limited to the amount paid for the domain name.
IP Address Allocation
Each hosting account by default is assigned a shared IP address. This shared IP address is shared among multiple other customers that are located on the same server. If a dedicated IP address is requested by the client, there must be a technical need for the IP, in which the account would fail to function properly without one. Modularity Networks LLC does not provide dedicated IP addresses for the use of Search Engine Optimization (SEO), and all requests must be approved by Modularity Networks LLC prior to assignment. Dedicated IP requests can be denied for any or no reason.
Acceptable Usage Policy
The Client shall use the Company's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Florida, State of Pennsylvania, or the United States is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. The Client agrees to indemnify and hold harmless Modularity Networks LLC from any claims resulting from the use of the service which damages the Client or any other party affiliates.
The following contents, links, or actions on any Services would constitute a violation of the Agreement:
Pornography of any kind
Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
DoS Source - Source of Denial of Service Attack
DoS Target - Target of Denial of Service Attack
Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public
HYIP - Hosting or Linking to a High Yield Investment Program Website
Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
IRC - Hosting Internet Relay Chat Server not Authorized by Modularity hosting
Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc
Phishing - Identity Theft by Email Under False Pretense
Proxy Site - Hosting of an Anonymous Proxy Server
Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
Spam Site - A Site Advertised by Spam Email or Spam Web
Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks
Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
Trademark - Hosting, Distributing, or Linking to Trade Mark Infringed Materials
Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
Or any other application or data that the Company finds offensive.
Restrictions on Storage Space Usage
All accounts are subject to the following restrictions on storage space usage:
Accounts must have valid, working websites, and not violate any previously subscribed terms
Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
Accounts are not for us of mass distribution of files, such as torrents or mirrors
Any account found violating these terms may be suspended or terminated without warning
Multi-Location Hosting
Modularity Networks LLC does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. We also reserve the right to deny the transfer of any account to a new location for any or no reason.
No Warranty
Client expressly agrees that use of the Company's services is at the Client's sole risk. Neither Modularity Networks LLC its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company's services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Client also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.
Limitation of Liability
Under no circumstances, including negligence, shall Modularity Networks LLC, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Modularity Networks LLC records, programs or services. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.
Indemnification
Client agrees that it shall defend, indemnify, save and hold Modularity Networks LLC harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees ("Liabilities"), asserted against the Company, its agents, its Clients, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Modularity Networks LLC against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Modularity Networks LLC servers.
Arbitration and Waiver of Jury Trial
By using any Modularity Networks LLC services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of Modularity Networks LLC choice. The arbitrator's award is final and binding on all parties. You, the client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
Governing Law and Disputes
This agreement shall be governed by the laws of the State of Pennsylvania, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this agreement shall be the state and federal courts in Erie, County, Pennsylvania, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Client agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.