Definitions used in this document
"Modoeye", "Modoeye.com", "Modoeye Network" and "We" are defined as the company Modoeye. "The customer", "Modoeye's customers" and "You" are defined as patrons of Modoeye. "This site" is defined as any website that is owned, operated or otherwise directly or indirectly maintained by Modoeye. "Service" and "Product" are interchangable, and defined as any merchandise or commercial offering of Modoeye. The term "spam" is used as it is currently defined by the Federal Trade Commission.
Domain Name Registration and SSL certificates
- We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
- The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
- We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
- We shall not release any domain to another provider unless full payment for that domain has been received by us.
- Modoeye reserves the right to revoke or refuse an SSL certificate with or without prior notice.
- Modoeye reserves the right to increase/decrease our SSL prices at anytime with or without prior notice.
- Modoeye provides no warranties or guarantees on the nature and functionality of the certificates.
Use of services
- Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
- Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time (defined dynamically by Modoeye at will) will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. Modoeye reserves the right to terminate any process which it deems to be using excessive resource usage.
- Background processes - background process (that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server) are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Modoeye is server abuse.
- Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
- Mailing Lists - Modoeye has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 100 subscribers) sent using the Modoeye Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 500 addresses you should contact Modoeye requesting permission to send the mailing through the Modoeye servers prior to sending any messages. Sending a large mailing through mailing list software other than Modoeye pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
- Mailing lists operated on Modoeye servers must be double opt-in with specific clear instructions in order to opt-out.
- Pornography - Modoeye prohibits the storage and transmission (inbound and outbound) of pornography and relate content.
- Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
- Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. Modoeye has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
- Any incident of server abuse is grounds for immediate and unconditional account termination.
- Email abuse - Unsolicited Commercial Email (Spam) is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
- Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Modoeye servers.
- IRC sessions - Using Modoeye servers to run an Internet Relay Chat (IRC) session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Modoeye server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited. We will give no warning before terminating this activity and the account responsible.
- Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a Modoeye is grounds for immediate termination of likely prosecution.
- Modoeye prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
- Modoeye backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. Modoeye makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.
- Customers on dedicated platforms such as a Virtual Private Server and Dedicated Server are responsible for arranging their own backups. Modoeye does not perform backups of Virtual Private Servers and Dedicated Servers.
Payment and Bills
- Modoeye provides a 3-day no interest credit period to the customer to allow resolution of any payment issues. Modoeye reserves the right to reduce the credit period time at its own discretion at anytime. Modoeye reserves the right to impose a late fee of 10% of the total invoice value if no payment within 3 days of the due date.
- Modoeye will suspend your account if outstanding bills have not been paid in within 5 days. Modoeye reserves the right to suspend the account.
- If after 7 days outstanding bills owed to Modoeye have not been paid in full and no further credit arrangements have been made, Modoeye will terminate account and deactivate all other services purchased through Modoeye until all owed amounts have been paid in full.
- After account suspension, Modoeye will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
- Modoeye reserves the right to impose a re-activation fee for accounts that have been suspended .
Refunds & Cancellations
- You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password and latest order number at least 7 days before your next billing due date.
- Accounts canceled under our 15 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees), UNLESS the account was purchased under a special promotion held by Modoeye.
- A violated our Terms of Service, the 15 day money back guarantee no longer applies to you
- Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 15 day money back guarantee.
- You must allow up to 15 days for credit and refunds to be processed and applied to your account
Modoeye reserves the right to refuse service to anyone. Customers may only use Modoeye server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Modoeye Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Thailand, and any dispute will be litigated or arbitrated in Thailand.
Modoeye WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Modoeye MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Modoeye DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Modoeye AND ITS EMPLOYEES. Modoeye RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
Modoeye RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. Modoeye RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.