Modoeye.com :: Term of Services

This Terms of Service ("TOS") sets forth the terms and conditions of your use of Modoeye's ("modoeye.com") web hosting services, e-commerce, colocation and other Internet-related services. In this Agreement "you" and "your" refer to each customer and "we", "us" and "our" refer to Modoeye. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Modoeye service(s) or to cancel your Modoeye service(s) (even if we were not notified of such authorization), this TOS covers such service or actions. By using the service(s) provided by us under this TOS, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOS, and any pertinent rules or policies that are or may be published by Modoeye.

To ensure the integrity and efficiency of all services provided by Modoeye, the observation of conditions of use for the following services are vital to the quality of service we offer each account holder that shares the same web hosting server:

Modoeye has designed our plans so that users can typically utilize all of the resources they have purchased without hitting any server resource limitations. This is especially true with utilization towards any of the scripts advertised on our site (including phpBB). Having said this, there may be occasions where a clients script is simply poorly written (and this can include custom coding or 3rd party modules) where a user is utilizing far too many server resources for the tasks they are performing. Although there are no fixed numbers with respect to what is too much, we do go by a reasonable use model. We do not assign hard limits as we like to allow our clients the ability to burst and utilize more than "their fair share" for periods of time. However, poor coding will result in unnecessary dramatic spikes in server resource utilization. If this were to occur, we will take every possible action required to minimize the negative impact on our environment. In most cases, the client will be contacted and informed of the issue and given the opportunity to correct their coding. There will however be some instances where the coding is so poor, that we will be required to suspend the offensive domain until such time that the client is able to correct the issue. This sort of drastic action will only be taken when absolutely necessary so as to maintain the stability of our environment.

Modoeye offers a 99% uptime guarantee. A service will be generally available to the internet - Isolated ISP or transit outages are out of our control and not covered by this SLA. This SLA includes both scheduled and unscheduled maintenance windows within our networks and data center. Modoeye will credit 50% of your fee if we are responsible for an outage resulting in an uptime less than 99%. Modoeye will credit 100% of your fee if we are responsible for an outage resulting in an uptime less than 95%.

You may occupy only the amount of disk space that are allocated to you according to the service plan you have subscribed to and utilize no more than the network bandwidth that is allocated by us. Once you utilize 80% of your resource allocation you will receive a notice from our system. Additional fees, specified in the web hosting services page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. However, if the resource usage is excessive and causing disruption to other account holders on the same server, we reserve the right to deactivate the account pending your cooperation and resolution.

You are free to use any scripts you wish provided they do not affect the normal operations of the server. CGI scripts can be resource intensive and because a web hosting server is shared with other users, we must limit how much of the system resources can be used by any one account on a shared server. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, we reserve the right to disable the account pending your cooperation and resolution. Modoeye will be the sole determinant of what constitutes degraded server performance.

An unauthorized daemon is any process that runs continuously in the background that is not started or operated by Modoeye. Only daemons that have the express written permission of Modoeye are permitted to operate on the our servers. However, if any of these daemons start to exhibit operating problems, we reserve the right to terminate the daemon immediately and restrict its ability to restart.

Any account found to be operating any programs and/or daemons that open listening sockets on our server are expressly forbidden and will be terminated at our discretion.

Modoeye does not allow bots of any kind to be operated on our web hosting servers. This includes IRC servers, IRC bots, proxies, anonymizers, and web transversal spiders.

Chat Servers of any kind are strictly prohibited. Chat scripts, especially CGI and/or PHP scripts, have proven to be disruptive on web hosting servers and can hinder the performance of normal delivery for other account holders. For this reason chat scripts/clients, that are not Java based or hosted by a third party provider, are not permitted on any of our web hosting servers.

All SSI calls should be made from files that are in accordance with established naming conventions. This means all SSI calls should originate from files that are named with the .shtml or .shtm file extensions. Modoeye reserves the right to disable any SSI that is not being called from a file with the .shtml or .shtm extension.

All web hosting packages include access to the pre-installed mailing list software. It is important that you use such tool accordingly. If you are sending to large mailing list (exceeding 100 addresses) you should contact Modoeye requesting permission to send the mailing through the our servers prior to sending any messages. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.

Due to their use of flat files instead of databases, Modoeye does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared hosting environment. We suggest using VBulletin, SMF or phpBB as a more efficient, database-driven alternative to these bulletin boards.

In general, we do not restrict you from sharing your account resources with other non-account holders. However, if you choose to give away and/or sell any service provided by Modoeye, within or in addition to your account, we do reserve the right to contact you to request for suspension/reduction on your account usage if the resources being used are above and beyond the reasonable usage of an account on a shared hosting server.

Modoeye has agreed to host/service you and your account only. All users permitted access to the services provided by us, via your account, are also bound by this Terms of Service. If these users violate the Terms of Service your account would be placed in jeopardy and at risk of termination.

Any account that affects the normal operation of any of the services provided by Modoeye including, but not limited to, administrative tasks, technical support, database services, server access, network speed, content or email delivery, may be deactivated in an effort to restore normal operations.

In the event of account deactivation, we remain the final authority in determining whether or not the account will be reactivated. The severity of the violation, as well as the account holder's cooperation and ability to prevent future abuses, will be considered by Modoeye when determining whether or not the account will be reactivated.

All our shared hosting servers will be back-up on daily basis. However, we do not guarantee the existence, accuracy, or regularity of the back-up services and, therefore, you are responsible for making back-up files for your account. We do not restore single files or directories in the event of your accidental deletion. The back-ups we do daily are system wide for full restoration and not available for single file retrieval. You will need to restore the contents from your own back-up files. It is important that you keep a local copy of your files at all times for situations such as these.

You agree, during the period of this TOS, that we may:

revise the terms and conditions of this TOS
change the services provided under this TOS change the services provided under this TOS, at any time.

Any such revision or change will be binding and effective immediately on posting of the revised TOS or change to the service(s) on Modoeye's web site, or on notification to you by email. You agree to review Modoeye's web site, including the TOS, periodically to be aware of any such revisions. If you do not agree with any revision to the TOS, you may terminate your account at any time by providing us with notice by email at Contact us. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Modoeye services following notice of any revision to this TOS or change in service(s), you abide by any such revisions or changes. Your continued use of our services shall constitute your acceptance of this TOS with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your account be cancelled. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this TOS.

Upon your request for any of our services, you agree to be bound by Modoeye's current Disclaimer published on our site ("Disclaimer"). The Disclaimer can be found at http://www.modoeye.com/disclaimer.php.

YOU AGREE THAT MODOEYE WILL NOT BE LIABLE FOR ANY

USE OF YOUR WEB HOSTING ACCOUNT
INTERRUPTION OF BUSINESS
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU HAVE HOSTED ON OUR SERVER
LOSS OR LIABILITY RESULTING FROM ACTS OF GOD
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION
EVENTS BEYOND OUR CONTROL
THE PROCESSING OF THIS APPLICATION
LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD

MODOEYE ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Modoeye reserves the right to suspend, terminate or modify our services we provide in the event

you materially breach this TOS and do not cure such breach within the period of time stipulated by us in our notice to you
you use any of our services to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet
you use your web hosting account in connection with unlawful activity
grounds arise for such suspension, cancellation

or other modification as provided for in this TOS.

Modoeye, at our sole discretion, reserve the right to refuse or cancel any service provided to you, or to delete your account within five (5) calendar days from receipt of your payment for our services. In the event we do not accept your request of our service, or we delete your account within such five (5) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for any loss or damages that may result from our refusal to accept you request for our services.