|
|
Terms of Service
These are the terms and conditions
under which Modern Coders, hereinafter referred to as ("MC")
provides all Internet services ("service" or "services") to its customers ("Customer")
Terms and conditions shall refer to the complete and entire understanding between
the MC and Customer, exclusively represented by the totality of the following
documents: this instrument, which you are now reading and MC's Acceptable Use Policy (AUP).
1. MC shall primarily communicate with Customer by electronic mail to the contact's
e-mail address as specified by Customer when order is placed. Notice of any events
or changes involving Customer's service or this agreement shall be considered
given at the time that such notice is sent by e-mail to Customer.
2. MC will never sell or disclose Customer's contact information or customer
lists to any third party, unless required by law or specifically authorized by
Customer.
4. MC reserves the right to refuse or terminate service to anyone, at any time
and for any reason, including but not limited to violation of MC's Acceptable
Use Policy. Should MC terminate Customer's service for a reason other than
violation of the Acceptable Use Policy, MC will issue Customer a refund for
the remaining paid period of service. Under no circumstances is MC responsible
for any damages resulting from termination of service.
5. MC may make changes to these Terms of Service at any time with or without given notice To Customer. If Customer does not agree with these Terms of Service, Customer
must discontinue use of their services immediately and contact MC to cancel
their account.
6. Monthly payments are due on the first day of each month.
If payment is not received by ten (10) calendar days after the due date, Customer's
account will be suspended, and may incur a $25.00 reactivation fee at MC's
discretion. Accounts may be deleted if they have spent eight (8) or more calendar
days in a suspended state. Accounts past due may be subject to interest at the
rate of 1.5% per month.
7. There are No Refunds on prepaid plans unless otherwise specified. All sales
are final
8. MC offers a monthly billing cycle to all customers. Monthly bill will
reoccur at the beginning of every month. If the plan has been setup throughout the
month, plan will be prorated accordingly. Billing will continue regardless
of the use unless and until Customer expressly cancel the service
9. MC charges $15/$25/$35 per each additional 5/10/15 GB per month respectively, should
Customer exceed allotted bandwidth
10. A $30.00 service charge applies to all returned checks, cashier's checks,
or money orders.
11. Charges will be billed according to the price list currently in effect. Customer
may cancel an account or service at any time, but is responsible for fees remaining.
For month-to-month billing, Customer is responsible for the current month's charges.
Prepaid accounts are not refundable if Customer chooses to terminate the account
before the paid period has expired. Any service added during a given month will
be prorated from the service start date to the end of the month.
12. If any invoice or portion thereof is disputed, the invoice must still be
paid in full by the due date. Any credits issued in resolution of the dispute
will be applied to the subsequent month's invoice.
13. MC may modify account or service pricing at any time. Increases will take
effect thirty (30) calendar days after notice has been provided to Customer.
Customer may choose to cancel the account or service to avoid a price increase.
14. Bandwidth will be billed according to the 95th Percentile Rule: all data
samples from a given month are sorted from highest to lowest, and the top 5%
are discarded. The highest remaining data sample is the "95th Percentile" number,
which will be used as the basis for calculating the bandwidth rate (if above
the subscribed bandwidth level) for that month.
15. Customer is responsible for complying with United States federal, state,
and local laws, and applicable laws of any other countries with which Customer
uses the Internet to communicate. Customer may not participate in or support
any illegal activities through the use of their service. MC does not control
the content of network traffic to or from their services or network.
16. MC's services are provided as-is, and are to be used at Customer's own
risk. MC provides no warranties of any kind, expressed or implied, including
warranties of salability or fitness for any particular purpose. MC is not responsible
for hardware or software damage, loss of wages or data, or any other financial
or personal loss resulting from the use of, or inability to use, the service.
Any liabilities are strictly limited to the amount of the fee(s) paid for services
rendered.
17. Customer is responsible for all actions taken or caused to be taken in Customer's
use of the service. As a condition of service, Customer agrees to indemnify
and hold harmless MC's officers, employees, and partners
from any cause of action originating from use of the service.
18. Due to the insecure nature of much of the global Internet, MC strongly
suggests that credit card numbers or other personal information never be sent
through e-mail or any other Internet service, unless proper encryption is used.
Customer is fully liable and responsible for the security and integrity of their
own services, including Internet servers, and all Customer's data stored on the servers. MC will not be held liable for any
security breaches or technical failure that may occur. Customer agrees to fully indemnify and hold
harmless MC from any legal or financial claims that may result from a breach
in the security of Customer's services.
19. If any portion of this agreement is found to contradMC federal, state,
or local laws, the remaining portions will remain in full force. Any and all
disputes regarding or resulting from this agreement will be governed by the
laws and courts of Los Angeles, California.
Additional terms and conditions
may apply to some services. If you have any questions regarding our terms, conditions,
and policies, please call us at 323.304.5775, or e-mail info@moderncoders.com
Acceptable Use Policy
A. MC operates under a strict "No Spam" policy. The sending of any unsolicited
e-mail advertising messages from, to, or through MC's services may result in
the imposition of civil liability against the sender, in accordance with California
Business & Professions Code Section 17538.45. A copy of the California Business
& Professions Code may be obtained on-line from http://www.leginfo.ca.gov/.
"Unsolicited bulk" messages include, but are not limited to, commercial advertising,
informational announcements, and political or religious tracts.
B. The following activities are expressly prohibited, and may result in account
suspension or termination:
1. Sending unsolicited bulk e-mail (UBE) which advertises a Web site, e-mail account,
or other service provided by or through MC.
2. Making Usenet postings which advertise a Web site, e-mail account, or other
service provided by or through MC, to any newsgroup whose charter does not specifically
allow such advertisements.
3. Sending UBE or posting advertisements to Usenet (except where specifically
allowed by newsgroup charters) from a service provided by or through MC.
4. Hosting "spam-friendly" Web sites, including spam software sites.
5. Harrassment, whether through content, frequency, or size of e-mail or Usenet
messages.
6. Sending e-mail to any person who does not wish to receive it. If a recipient
asks to stop receiving email, the Customer must immediately and permanently cease
to send that individual any further e-mail.
7. Forwarding or otherwise propagating chain letters or "e-mail hoaxes," whether
or not the recipient wishes to receive them, unless such propagation is both solicited
and in the clear context of debunking or discrediting chain letters/hoaxes.
8. Transmitting any electronic communication, including e-mail, using the name
or address of another person or organization, for purposes of deception.
9. Impersonating another individual by altering source IP address information,
or forging e-mail/Usenet headers or other identifying information.
10. Any attempt to fraudulently conceal, forge, or otherwise falsify one's identity
in connection with use of the service.
11. Any use of another party's electronic mail server to relay e-mail without
express permission.
12. Collecting replies to messages sent from another Internet service provider,
where those messages violate this Acceptable Use Policy or any applicable policies
of the other provider.
13. Denial of Service, including, but not limited to, any form of Internet packet
flooding, packet corruption, or abusive attack intended to impact the proper functioning
of any party's Internet servers or services.
14. Using MC's network, services, or systems to store or send content which is
illegal in the United States of America, including but not limited to child pornography
and pirated software or music. All child pornography incidents will be reported
to federal authorities and prosecuted to the fullest extent of the law.
15. Using or storing any type of software which is designed to or is likely to
abuse or negatively impact Internet service, including, but not limited to, portscanners,
hacking tools, ping flooding programs, security/root exploits, packet sniffers,
and spam software.
16. Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet
Protocol) address(es) of servers or services. Doing so may be considered cause
for service suspension or termination.
17. Intercepting or attempting to intercept, through any method, network traffic
intended for other customers.
18. Running proxy servers, such as squid or BNC, unless they are available only
to users whose verified contact information is known by the proxy operator and
can be disclosed to MC or law enforcement authorities upon request.
19. Any previous or current behavior, such as the sending of unsolicited e-mail,
that results in the addition of MC to any e-mail blackhole lists,
or otherwise negatively impacts the overall services of MC, is
grounds for termination.
20 Any threat, vulgar and profane language directed at any MC staff member through
phone or email may result in immediate termination of an account.
|
Terms of Service 
