Terms and Conditions

This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Modomo Inc., (the "Services"). As used in this Agreement, and throughout the website, any reference to "DPSHost.Net", Delta Plus Solutions, and, or “e-Source Consulting, Inc.”, means Modomo Inc., and "Client", "you", or "your" means you. When you have agreed to purchase our products or services you acknowledge that you have read this Agreement, and you agree to its terms and conditions and all policies posted on the Modomo Inc. web site. . As referred to in this Agreement, "Site" refers to a World Wide Web site and "Modomo Inc. Site" refers to the Site located at the URL http://www.Modomo.com, or any other successor Sites owned or maintained by Modomo Inc.
1. APPROPRIATE USE OF THE SERVICES
2. PAYMENT OBLIGATIONS
3. CLIENT LIABILITY AND INDEMNIFICATION
4. TERM, TERMINATION & REINSTATEMENT
5. TAXES
6. DISCLAIMER OF WARRANTY
7. LIMITATION OF LIABILITY
8. MISCELLANEOUS

1. APPROPRIATE USE OF THE SERVICES.
Modomo Inc.provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Modomo Inc.server in connection with Client's use of the Services which:
• violate any state, federal or foreign laws or regulations;
• infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Modomo Inc. or any third party;
• are defamatory, slanderous or trade libelous;
• are threatening or harassing;
• are discriminatory based on gender, race, age or promote hate;
• violate any Modomo Inc.policy posted on the Modomo Inc. Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
• contain viruses or other computer programming defects which result in damage to Modomo Inc. or any third party.

Bandwidth. Client may occupy only the amount of disk space and utilize only the network bandwidth that is specified in the selected plan. Additional fees, specified in the Virtual Hosting Plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited e-mail practices at Modomo.com, or otherwise, that mentions or reference any domain hosted on Modomo Inc. servers or parked on Modomo Inc. DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAIN NAME SERVERS, AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM Policy).

Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Modomo Inc.; however, Modomo Inc. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.

Termination. Modomo Inc. reserves the right to refuse service to anyone. Modomo Inc., in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing prohibited activities. To report any unacceptable behavior by a third party using the Services, please contact support@Modomo.com.

2. PAYMENT OBLIGATIONS
Service Fees. By the first (1st) of each month, Modomo Inc. shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail, an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Modomo Inc. by no later than the 10th of every month. Modomo Inc. shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Modomo Inc. Certain services carry a set-up fee charged by Modomo Inc. to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with the Termination policy hereunder, Client shall be responsible for any outstanding fees owed to Modomo Inc. and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Modomo Inc. for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for the months remaining after notice given by the 25th of the preceding month.

Domain Names. If Client chooses to register a domain name(s) through Modomo.com, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Modomo Inc. does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Modomo Inc. be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Modomo Inc. from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement or unless terminated earlier pursuant to the provisions of this Termination policy. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Billing Policy page. The essence of this page states that Client must contact its customer Care Representative by e-mail to request cancellation, and all cancellation requests must be received by the Twenty-Fifth (25th) of the last month for which service is desired. Sections 3 - 8 shall survive termination or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee equal to half of the Set Up fee for the plan desired prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) hours. Modomo Inc. will maintain an archival copy of Client's Web site for Seven (7) days after Modomo Inc. receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

5. TAXES
Client will pay and indemnify and hold Modomo Inc. harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY
THE SERVICES, THE MODOMO INC. SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE MODOMO INC. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. MODOMO INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MODOMO INC. SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY
IN NO EVENT SHALL MODOMO INC. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA OR PROFITS, USE OF THE MODOMO INC. SITE OR ANY MODOMO INC. PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL MODOMO INC.’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

8. MISCELLANEOUS
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to Modomo Inc.:
Modomo Inc.
520 N. Orlando Ave. Suite 27
Winter Park, Florida 32789
If to Client:
Name and address provided during account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Modomo Inc. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Modomo Inc.’s policies are subject to change by Modomo Inc. without notice. Continued usage of the Services after a change to this Agreement by Modomo Inc. or after a new policy is implemented and posted on the Modomo Inc. site constitutes your acceptance of such change or policy. We encourage you to regularly check the Modomo Inc. site for any changes or additions.

MODOMO INC. ALSO IS CONCERNED WITH THE PRIVACY OF ON-LINE COMMUNICATIONS AND WEB SITES. IN GENERAL, THE INTERNET IS NEITHER MORE NOR LESS SECURE THAN OTHER MEANS OF COMMUNICATION, INCLUDING MAIL, FACSIMILE, AND VOICE TELEPHONE SERVICE, ALL OF WHICH CAN BE INTERCEPTED AND OTHERWISE COMPROMISED. AS A MATTER OF PRUDENCE, HOWEVER, MODOMO INC. URGES ITS CLIENTS TO ASSUME THAT ALL OF THEIR ON-LINE COMMUNICATIONS ARE INSECURE. MODOMO INC. CANNOT TAKE ANY RESPONSIBILITY FOR THE SECURITY OF INFORMATION TRANSMITTED OVER MODOMO INC.’S FACILITIES.


   
   
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