Modscape Terms Of Service

These terms cover any sites hosted by Modscape unless separate terms have been arranged.

Use of Modscape’s services constitutes acceptance and agreement to these Terms of Service and the AUP (Acceptable Use Policy) which accompanies them.

Customers are required to adhere to these terms of service and the associated AUP. In the case of a breach of any of these conditions Modscape reserves the right terminate the offending account without notice or refund.

Lawfulness

Customers may not use Modscape’s servers for any purpose which violates international law or any of the laws of the United States of America, Texas, the United Kingdom or the Client’s locality.

Warranties and Limited Liability

Modscape services are provided “as is” and customers use of these services is at their sole risk. Modscape hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall Modscape be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in anyway out of the use of our services or software. Notwithstanding the above, Modscape expressly limits its damages to the Customer to those laid out in our Refund policy (see below).

Modscape regularly backs up customer data on all servers but cannot guarantee the existence, completeness or timings of these backups.

Indemnification

The customer agrees that it shall defend, indemnify, save and hold harmless Modscape, it’s agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney’s fees) that may arise or result from:

• Any service provided or performed or agreed to be performed by a customer.
• Any product sold or otherwise distributed by a customer.
• Any material supplied by the customer in violations or allegedly in violations on any third-party intellectual property rights. Including, but not limited to copyright infringement, trademark violation and trade secret violation)
• Inaccuracy of any information provided by the customer. Including, but not limited to, libel and false advertising.
• Any customer’s use of the Modscape service in an unlawful manner or in a manner which is in violation of Modscape’s Terms of Service or Acceptable Use Policies.
• We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.

We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time.

We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service.

You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material.

You will keep your password secret and will not disclose it to any third party. You will notify us and change any password you believe has been compromised.

Miscellaneous

Modscape reserves the right to revise its policies at any time.

If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these terms and conditions and Acceptable Use Policies.

Refund Policy

If you are on a yearly hosting plan and wish to discontinue services you must provide 30 days notice. You will be refunded for any full month balance past the 30 day notice.

If your site is unavailable for over 48 hours due to an error on Modscape’s part you will be refunded for the full month’s cost of hosting.

If Modscape is unable to continue hosting your website, for reasons other than a breach of policy or agreement, we will provide 30 days notice, site backups and assistance in securing alternate hosting.

Also see our Acceptable Use Policy.

If you have any questions about the Terms of Service contact us at team@modscape.com.