Term of Uses

Use of our hosting services require a certain level of basic knowledge in the use of programming languages, Internet protocols, and website design software. The level of knowledge required varies depending on the anticipated use and desired content to be provided on your web site. Following are some of the knowledge you are expected to be familiar with:

You agree to release, indemnify, and hold Modoeye, its directors, officers, agents, employees, affiliates and all other persons or entities acting in any capacity on Modoeye's behalf harmless from any claims, losses, or damages, including legal fees, from any claims or liabilities arising from the use of our services which caused damages to you or any other party.

Use of our hosting services require a certain level of basic knowledge in the use of programming languages, Internet protocols, and website design software. The level of knowledge required varies depending on the anticipated use and desired content to be provided on your web site. Following are some of the knowledge you are expected to be familiar with:

• Web design and publishing: requires a knowledge of HTML, uploading/downloading of web page contents, use of FTP programs or site design software, use of images, text, and multimedia content, etc.
• CGI-scripts: requires a knowledge of the UNIX environment, languages such as Perl, PHP, Python, Javascript, sfile permissions, etc.

You agree that it is not the responsibility of Modoeye to provide such knowledge or technical support outside of our defined services.

Modoeye makes no warranties or representations of any kind, whether expressed or implied for the services we are providing. Use of any information obtained by way of Modoeye is at the your own risk, and we specifically denies any responsibility for the accuracy or quality of information obtained through our services.

The following services and activities are strictly prohibited on any of our shared hosting servers:

Our services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any copyright/trademark, as well as the participation or promotion of violence, racism, or other defamatory content of any kind are prohibited.

You may not use any of our services to transfer illegal, copyrighted, trademarked, patented, or trade secret material without the prior permission of the author or owner. This includes pirating software (warez), audio/video files, cracks and/or registration codes, in addition to offering links, directories, and redirections, to other sites that do so. If we find that this is occurring on your account it will be used as grounds for immediate termination of your account.

Pornography is prohibited on all our shared hosting servers. This includes sex-related content and/or merchandise as well as links to pornography, sex-related content, and/or merchandise. In general, frontal nudity (not for science, health, fine art, or general educational purposes) and/or content meant to sexually arouse is prohibited. Child Pornography of any kind is prohibited on all servers and will be reported to the authorities if found. Modoeye reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". If you are unsure whether or not your site falls into this category feel free to contact us with a description and link for review before you place an order.

Modoeye has a strict "No-Spam" policy. The abuse and misuse of email is a serious problem, and we will not tolerate it. Sending spam is a direct violation of Modoeye's Terms of Uses and is cause for immediate termination without refund.

Modoeye considers spam to be any unsolicited email, often of a commercial nature, sent indiscriminately to mailing lists, individuals, or newsgroups, among other mediums. Any account found to be associated with the delivery of spam will be immediately terminated without warning and without refund. We reserve the right to refuse or cancel services to known spammers.

Mailing lists and mass outgoing email is acceptable and many times necessary. However, we require that you send such messages only to those who have explicitly requested to receive them and clearly identify yourself as the sender. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited. Modoeye reserves the right to decide what it considers "Spam", "UCE", "mail bombing", or "bulk email".

Accessing illegally and/or without authorization to content, services, computers, accounts, or networks belonging to Modoeye or another party, or attempting to penetrate security measures of Modoeye or other parties is prohibited and will result in immediate account termination. This includes any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Accounts initiating any activity or containing code/scripts/binaries etc that appear to be for the purpose of violating or disrupting the services and/or content of others will be terminated immediately without notice and without refund. Active-Venture may also report any activity of such nature to the proper authorities as well as providing any information we may have to assist the authorities in contacting the party responsible for storing or using of these types of tools.

This includes engaging in activities, whether lawful or unlawful, that Modoeye determines to be harmful to our customers, operations, reputation, goodwill, or customer relations.

The responsibility for avoiding the harmful activities just described above rests primarily with you. Modoeye will not intentionally monitor the communications of our users to ensure that they comply with our policy or applicable law. However, we will take necessary actions to stop any harmful activity, including but not limited to, removing information, shutting down your account, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action we deem appropriate.

Modoeye may also disclose information, including but not limited to, information concerning your account, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. We assume no obligation to inform you that your information has been provided and in some cases may be prohibited by law from giving such notice.

Payment due dates for your account are set to the 1st day of each month. All payments are to be paid on time. A payment reminder shall be delivered to you by email about 5 days before your payment due date. You are required to remit payment to Modoeye by no later than 10 days after the specified payment due date. In situation where recurring billing has been arranged, Modoeye shall debit your specified credit card 1 day before or after the payment due date. Any account that is unpaid 10 days after the due date is at risk of deactivation and/or extra fees. Accounts that remain deactivated for 30 days will be deleted without notice and backup provisions.

You may cancel your account at any time by sending a request to our billing department: contact us. Canceled and/or terminated accounts will be deleted within 48 hours and without backup provisions. Refunds for pre-paid account or account under 30-day money back guarantee will be made within 24 hours of account cancellation.

No refunds will be made for the current month of service (ie. there will be no refund if you are paying by monthly). For pre-paid accounts, refunds will be issued for any unused full month month portions (eg. if you pre-paid for 6 months and cancelled your account on the 3rd month, we will refund you for the remaining 3 months).

Any account that has been deactivated for any violation or non-payment will not be eligible for the 30 day money back guarantee. No refunds will be provided for any pre-paid fees in cases of account deactivation due to violation of our Terms of Service.

Modoeye reserve the right to revise our prices at any time. If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are raised or lowered. However, once your account is due for renewal, the new prices will be applicable.