Accounts cancelled/terminated by Moda Web Solutions for violating our terms of service do not qualify for the thirty (30) day money back guarantee. Only first-time accounts are eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, please contact our customer service department.

Please allow thirty (30) days for processing.

Uptime Guarantee

Moda Web Solutions offers all cutomers a 99% uptime guarantee on our web hosting services. In the event that your web site is unavailable, meaning the server is malfunctioning and not responding properly to HTTP requests, for more than 8 hours, at any time, continuous or spread out during a month, you are entitled to receive a full refund for that month's services.

However, Moda Web Solutions will not be held responsible for the following:

Factors outside of our control, such as heavy Internet congestion or networking failures outside of our network, or problems caused by outside agents.
Problems caused by the customer's mistake(s) or oversights, such as failing to pay for domain name registration or renewal fees, or accidentally deleting important files.
Problems caused by the failure or malfunction of Microsoft FrontPage Server Extensions.
Failures of third party software (CGI scripts, etc.) installed by and run by the customer.
Failures caused by custom configurations.
Sites that are disabled or removed for non-payment, violations of policies, etc.
If you believe your site has been unavailable for more than 1% of a month's time, please contact our customer service department. We will confirm that the outtage has occurred, after which we will refund your payment for the given month.

Please allow thirty (30) days for processing.

Refusal or Discontinuation of Service

Moda Web Solutions reserves the right to refuse or discontinue service to anyone at Moda Web Solutions' sole discretion. Moda Web Solutions may deny you access to all or part of the service without notice if you engage in any conduct or activities that Moda Web Solutions in its sole discretion believes violates any of the terms and conditions in this agreement. Moda Web Solutions shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Moda Web Solutions has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Moda Web Solutions reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Moda Web Solutions also reserves the right to refuse refunds in cases where Moda Web Solutions believes abuse has taken place.

Indemnification

You agree to indemnify, defend and hold Moda and its subsidiaries, affiliates, network partner sites, officers and employees, harmless from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly/indirectly from your use of Moda's service which damages either you, Moda, or any other party or parties without limitation or exception. This indemnification agreement extends to all issues associated with your account, including but not limited to domain name selection, intellectual property or rights of any person or entity as a result of any threatening, libelous, obscene, harassing or offensive material contained in any user communication.

No Warranties

Moda Web Solutions makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Moda Web Solutions or its agents or employees shall create a warranty. Moda Web Solutions provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on our servers is free from viruses or other harmful components. Under no circumstances shall Moda Web Solutions be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Moda Web Solutions's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on Moda Web Solutions' servers that such information becomes available to all Internet users and that Moda Web Solutions has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Moda Web Solutions' server(s) and the Internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Moda Web Solutions or on the Internet generally.

Your use of the service is at your sole risk. Moda Web Solutions is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Moda Web Solutions' server(s).

We will restore customer files for a fee of $75.00 per restoration. Please file a technical support request and include a list of the files you need restored and the last date and time you believed these files were correct. Allow 24-48 hours for the complete restoration of your files.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Moda Web Solutions, including restrictions on services available with each service type, restrictions on certain features and all other policies. You agree to abide by any and all future Moda Web Solutions policy decisions.

Moda Web Solutions reserves the right to monitor any and all communications through or with our facilities. You agree that Moda Web Solutions is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with Moda Web Solutions or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on Moda Web Solutions' servers, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.