As a provider of web site hosting, and other Internet-related services, Modomo Inc. offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and noncommercial information. Modomo Inc. respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Modomo Inc. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Modomo Inc. has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Modomo Inc.’s services. This AUP will be revised from time to time. A customer's use of Modomo Inc.’s services after changes to the AUP are posted on Modomo Inc.’s web site, www.modomo.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

When information is disseminated through the Internet, users also must keep in mind that Modomo Inc. does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Modomo Inc.’s network and may reach a large number of people, including both clients and non-clients of Modomo Inc., clients' postings to the Internet may affect other clients and may harm Modomo Inc.’s goodwill, business reputation, and operations. For these reasons, clients violate Modomo Inc. policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
• Spamming
• Intellectual Property Violations
• Adult Material
• Defamatory or Abusive Language
• Forging of Headers
• Illegal or Unauthorized Access to Other Computers or Networks
• Background Running Programs
• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
• Facilitating a Violation of this AUP
• Export Control Violations
• Usenet Groups
• Other Illegal Activities
• Other Activities

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet is known as "spamming". It is not only harmful because of its negative impact on consumer attitudes toward Modomo Inc., but also because it can overload Modomo Inc.’s network and disrupt service to Modomo Inc. clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Modomo Inc. has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list.

Intellectual Property Violations
This type of violation includes:
• Engaging in any activity that infringes on or misappropriates the intellectual property rights of others; including copyrights, trademarks, service marks, trade secrets, and patents held by individuals, corporations, or other entities;
• Engaging in software piracy; or
• Engaging in any activity that violates privacy, publicity, or other personal rights of others.
Modomo Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Modomo Inc.’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material
Because the Internet is a global communication tool and we have clients from nearly every country in the world, it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Modomo Inc. has been forced to create its no adult sites policy for its virtual server users.

What does Modomo Inc. consider "Adult Material?"
• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women for nonscientific or non-artistic purposes.
• Revenue-generating hyperlinks to sites who violate policy #1.

Why does Modomo Inc. have this policy?
A virtual server is a shared environment where many web sites reside on each particular machine. Consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Modomo Inc. reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Defamatory or Abusive Language
Using Modomo Inc.’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.

Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.

Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally, or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking") is not permitted. Also, 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) is prohibited.

Background Running Programs
Background Daemons in general are prohibited on Modomo Inc. servers. These include but not limited to IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
Modomo Inc. will be the sole arbiter of what constitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Sending or distributing information regarding the creation of Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks is prohibited. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment are prohibited.

Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software is prohibited.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

Usenet Groups
Modomo Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software is prohibited.

Other Activities
Engaging in activities, whether lawful or unlawful, that Modomo Inc. determines to be harmful to its clients, operations, reputation, goodwill, or customer relations is prohibited.
As we have pointed out, the responsibility for avoiding the harmful activities described above rests primarily with the client. Modomo Inc. will not, as an ordinary practice, monitor the communications of its clients to ensure that they comply with Modomo Inc. policy or applicable law. When Modomo Inc. becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
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.
Modomo Inc. will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Modomo Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Modomo Inc. may disclose information, including but not limited to, information concerning a client, 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. Modomo Inc. assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Modomo Inc. may disclose client information or information transmitted over its network where necessary to protect Modomo Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Modomo Inc. and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to support@Modomo.com
*This Accepted Use Policy and all other Modomo Inc. policies are subject to change by Modomo Inc. without notice. Continued usage of the services after a change to this 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. Visit our Terms & Conditions for further information regarding our policies.

ForRegistering a New Account
Monthly Account Fees
Type of Payments
Cancellation Policy
Termination
Overdue Accounts
Delinquency

Registering a New Account
The setup fee, first month payment, and last month payment are all due upon sign-up. Once we receive these payments, your site will be setup within one (1) business day.

Monthly Account Fees
Monthly payments are due on the tenth (10th) of each month and cover service from the first to the last of the month in which the payment is made. Therefore, payment for service of a particular month is made at the beginning of that month.

Your monthly bill will include taxes in the total amount due. These are assessed by the various city, state and federal government agencies. MODOMO strives to keep your bill as low as possible, with the highest quality service. However, regardless of the hosting company, all ISPs must charge taxes as required by the Federal Government.

Note: Taxes may be applied at any time as state and federal law requires.

Type of Payments
Payment for our hosting services can be made quickly and easily by credit card over the web. In addition, we will accept checks and money orders. However, The only method of payment by which customers may make monthly payments charges is by Credit Card or Automated Clearing House (ACH). For all other methods of payment, for quarterly, semi-annual, and annual payment is required.

Credit Card
Credit cards are generally charged on the first day of every month.
We accept American Express, Visa, MasterCard, and Discover cards.

If you choose to pay by credit card, you expressly authorize MODOMO to charge the credit card account number associated with your account for any Service charges that accrue from month to month. This authorization will remain valid until you terminate your authorization in writing.

PLEASE NOTE: MODOMO cannot process your credit card if it has expired. Our customers are responsible for updating their credit card information and/or establishing an alternate form of payment.

Check
Checks should be made payable to MODOMO, Inc. Checks must be written in U.S. dollars and drawn on a US Bank. Generally, checks are accepted for quarterly, semiannual, and annual services only.

Money Order
Money orders should follow the same rules as checks. In particular we know that U.S.D., Canadian, and U.K. Postal Money Orders are processed without difficulty. Presumably most International Money Orders will work if you tell your banker or postal clerk that it is for a US company.

Automated Clearing House (ACH)
ACH payment will follow the Credit Card payment rules.

Cancellation Policy
You will need to contact your Customer Care Representative by phone to request the cancellation of your account. You must submit your cancellation request no later than the 25th of the last month for which you desire service. If you cancel your account, you will be allowed to reinstate your account if you make a reinstatement request by phone to your Customer Care Representative within seven (7) business days of your cancellation. A Reinstatement fee will be charged in the amount that is half of the designated Setup Fee for the plan you choose. (MODOMO will maintain an archival copy of your website(for seven (7) days) for this reason.) Once payment is received, your website will be reactivated within 48 hours.

Termination
Your account may be immediately terminated at MODOMO's sole discretion, for declined credit cards, returned checks, any other nonpayment of account charges, or for any violation of the Acceptable Use Policy.

Overdue Accounts
If your monthly balance is not received by the fifteenth (15th), a reminder bill will be sent and a five dollar ($5) rebilling fee will be added to the amount due. If the amount due is not received by the end of the month, the site will be deactivated.
If your site is deactivated due to late payment, we will reactivate your site within 48 hours IF you do ALL of the following within these 48 hours:
• Pay total amount due up to date;
• Pay half of the Setup Fee for your plan;
• Request reactivation by calling the support line (1-866-4TEAMDPS) and contacting your Customer Care Representative.

Delinquency
If you default on your account, you are required to pay fees, costs, and expenses (including, but not limited to, attorneys' fees and collection agency fees) incurred by MODOMO through our efforts to enforce MODOMO's rights under the Acceptable Use Policy located at www.MODOMO.com.
• If any financial instrument received in payment is returned to MODOMO unpaid, your account will be considered to be in default, and, in addition to your account being suspended or terminated for nonpayment, you will be subject to a returned check charge of twenty-five dollars ($25).
• Accounts that are consistently late in making payments will be considered by MODOMO’s's Billing Department for required participation in the following programs: Monthly credit card plan (VISA, MasterCard, American Express or Discover) or a minimum 3-month Prepayment plan.
• Accounts not paid up to date by the end of the current service month will be deactivated. During the deactivation period, the customer login ID will be blocked and web pages will be disabled.
• Accounts 60 days overdue will be referred to collection.

Please note: it is the customer's responsibility to keep us informed of account changes, including a new address, phone number, credit card, etc.

We feel confident that billing problems will seldom occur with our customers, as we strive to provide excellent Customer Care. At MODOMO, it is our hope that you, our customer, will utilize our system and contact your personal Customer Care Representative with any problems or questions that you may have before a situation gets to an extreme.

*This Billing Policy and all other MODOMO policies are subject to change by MODOMO without notice. Continued usage of the services after a change to this policy is implemented and posted on the MODOMO.com site constitutes your acceptance of such change or policy. We encourage you to regularly check the MODOMO.com site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.

Because protecting your privacy is very important to Modomo, Inc. (MODOMO), we operate our website under the following guidelines to safeguard your personally identifiable information:

MODOMO’s policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, MODOMO's policies and procedures are subject to change.

• What Personal Information does MODOMO.com collect?
• Data Security • How is customer information used?
• Modification of customer information
• Will MODOMO.com ever send me direct mailings?
• How do I protect my Personal Information in public forums?
• What about privacy on sites that MODOMO.com links to?
• Disclosure of customer information and communications

What Personal Information does MODOMO.com collect?
In the course of serving its customers, MODOMO acquires, stores, and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to MODOMO by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by MODOMO in the normal course of providing service. MODOMO also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. In addition, MODOMO may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security
MODOMO will protect the confidentiality of its customers' information, account information, and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of MODOMO, its partners, its employees, and other customers of MODOMO's services. To protect the loss, misuse, and alteration of information that is collected from customers, MODOMO has appropriate physical, electronic, and managerial procedures in place.

How is customer information used? MODOMO may share customer information with selected partners, for example, to provide customers with information about products that might be of interest to the customer or to enable the customer to take advantage of special partner programs. MODOMO may also use customer information to provide its customers with system information or information about new or upgraded products.

Modification of Customer Information
Customers may modify their personal information by sending an e-mail to support@Modomo.com

Domain name customers, who have registered a domain name with MODOMO and wish to change the Technical Contact from MODOMO to another company, may send a request to support@Modomo.com It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

Will MODOMO ever send me direct mailings?
From time to time, MODOMO may send its customers information about various products and services that may be of interest. We will not send you information of this type without specifically allowing you to "opt out" of such mailings. You can opt out by sending an e-mail to support@Modomo.com

How do I protect my Personal Information in public forums?
MODOMO may offer interactive forums, such as message boards and chat. MODOMO users should be aware that when they voluntarily disclose Personal Information to other users or to third parties on the MODOMO system, through e-mail, or outside of the MODOMO system, that information can be collected and used by others and may result in unsolicited messages from other members or third parties. While MODOMO strives to protect your Personal Information, MODOMO cannot guarantee the security of any information that you transmit to MODOMO, and you are solely responsible for maintaining the secrecy of any passwords or other account information.

What about privacy on sites that MODOMO.com Net links to?
MODOMO may provide links to its partners and other Internet sites. These sites have separate data and privacy practices independent of MODOMO and MODOMO disclaims any responsibility or liability for their policies or actions.

Disclosure of customer information and communications
MODOMO will not otherwise disclose its customers' personal and account information unless MODOMO has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of MODOMO, MODOMO’s customers, or others, or where MODOMO has a good faith belief that the law requires such disclosure.

MODOMO also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that MODOMO stores or transmits for its customers. The circumstances under which MODOMO will disclose such electronic customer communications are when:

1. It is necessary in order to provide service to the customer;
2. It is necessary to protect the legitimate interests of MODOMO and its customers;
3. It is required to cooperate with interception orders, warrants, or other legal process that MODOMO determines in its sole discretion to be valid and enforceable; and
4. It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by MODOMO and appear to pertain to the commission of a crime.

MODOMO disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. MODOMO will, however, review, delete or block access to communications that may harm MODOMO, its customers, or third parties. The grounds on which MODOMO may take such action include, but are not limited to, actual or potential violations of MODOMO’s Acceptable Use Policy.

*This Privacy Policy and all other MODOMO policies are subject to change by MODOMO without notice. Continued usage of the services after a change to this policy is implemented and posted on the MODOMO site constitutes your acceptance of such change or policy. We encourage you to regularly check the MODOMO site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.

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.