Our services, including all systems, related physical computing or support equipment, networks and network devices, and other devices whether virtual or physical, are provided only for authorized customer use. You understand that We may optionally authorize You, and revoke authorization at Our will and sole discretion without notification to You, and Our systems may be monitored for all lawful purposes; including to ensure that use is authorized, for Our management of the services, to facilitate Our protection, and Our other customers protection, against Your or others unauthorized access to Our systems, and to verify Our security procedures are policies are not breached in any way, shape, or form, regardless of your knowledge of such breach through Your authorized use of Our services. You understand that the information We may provide to you allowing authorized use of Our services should be maintained as highly confidential and You are responsible for the actions of any party You disclose, voluntarily or involuntarily, your authorized access information or any other information provided to You is only for your use and may not be transferred or shared with any other party or person. You will be held responsible for any and all actions related to your actions and protection, or lack thereof, of the authorized access information and use of Your account or Our systems or services. You understand that during Our monitoring efforts of any and all information coming into Our systems or services, originating from Our systems or Services, or indirectly stimulated by use of Our systems or services, may be examined, stored, recorded temporarily or indefinitely, copied, retransmitted, and used for any purpose we deem fit in order to protect Our system and services. Your use of Our system(s) or services constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone for any reason without explanation. Any material or website that, in our sole judgment, is obscene, detrimental to Our services and systems, threatening to anyone, illegal or questionably illegal, controversially in nature whether being questionably controversial or identified as controversial in the mainstream or other media channels common to traditional consumer's lives or the industry, or violates our terms of service in any manner, may be removed from our systems and services logically (or otherwise disabled) or physically deleted permanently without prior notice or any notice to You. Failure to respond to email or phone contact from Us within 24 hours may result in termination of your website(s) and account access authorization. All illegal or suspected illegal violations will be reported to the appropriate law enforcement agency in Our or Your or other jurisdictions, or any combination of jurisdictions We deem appropriate.
Security of Your website content, website data, website programming components, and its related intellectual property:
You understand that it is your whole and sole responsibility to ensure that website, its scripts or programs, and all related data and intellectually property installed on Our services are secure and protected by independent methods unrelated to Us or Our services. You must ensure that programming supports security and does not inappropriately expose sensitive or security related information or other site data. You must ensure that you leverage independent methods of intellectual property protection such as trademarks, copyrights, and patents, at your cost and sole discretion and sole responsibility.
Payment for Service
You must prepay for services and maintain an active perpetual subscription for use of Our services for so long as you use the services. You may cancel use of Our services at anytime. Your choice to cancel services will not require for Us to refund any amounts of money paid for any portion of a term or period of service ordered along with the associated payments for the period of service. You understand and agree that the period and terms of time related to an order for the services We provide may vary based on the description of the order, however, in no way will the term of a period of time be greater than 365 days of use of our services per individual order. In the event You may have prepaid for services beyond a 30 day period, any longer order such as a 365 day (annual) order or any other period will be apportioned such that a monthly cost equivalent amount may be considered for a pro rata refund, if any.
Cancellations must be made in writing to us via all of (1) a descriptive email, and (2) a descriptive formally signed fax, and ( 3) the termination of the payment method used (as we will normally be notified directly or indirectly by your payment processor). You are responsible for provided all three of these indicators to us to formally cancel your services, else You understand that we are not obligated to respond to any partial set of indicators as we may consider partial termination as competitive fraudulent attempts to damage Us, or You, or your websites. In the event the payment method was cash or its equivalent under a special situation or custom agreement, the third requirement may be waived or supplemented at Our discretion when it makes sense to do so.
As a client of Ours, it is your responsibility to ensure that your email and related payment information is maintained and up-to-date, continues uninterrupted while You intend to use Our services, and that all invoices are paid on time. You understand that Our subscriptions are generally automated and that we will not provide physical or electronic invoices to you for review and subscriptions setup by you during the ordering of any services give Us permission to continue to automatically draft payments in that light without prior notice to You. Drafts or other forms of automatic or equivalent payment will terminate upon termination of services. Any incidental payments drafted or transferred to Us beyond the date of termination or while the termination process is completing may be reviewed and refunded to You as deemed appropriate. No service to You will be guaranteed to You by Us if payments are not received in a timely manner. Further, your payment to Us does not demand that We provide you any service unless the funds are accepted permanently by Us. If any amount paid to us is in error based on then current rates, We reserve the right to notify you of such inaccuracy and reestablish or modify the payment amount or terms as deemed appropriate by Us. In the event You do not agree with the then current terms or costs, You may terminate your account immediately and receive a refund of the most recent payment, prorated appropriately for the period of use.
Costs of Service and Changes Thereof
We reserve the right to modify the costs and terms of any services or service related offerings at any time without prior notice to You.
Refunds
All refunds will be sent to you based on the then current method of remitting refunds to Our clients, with You understanding that may vary by Client depending on circumstances and payment methods. Generally, we will remit a physical check by US postal service or other similar carrier in the amount of the refund within 15 business days of the date of business decision related to the refund.
Ethics and Abuse
Any abuse of Our staff or business affiliates of any direct or indirect form will result in the suspension or termination of your services and may result in legal action taken against You regardless of any circumstances.
No refunds will be granted on any services fully or partially consumed or for dedicated servers, setup or other administrative fees, professional services fees related to the services or otherwise, for custom software, or for domain name purchases or related DNS management services.
Violation of Terms of Service
Any violation of the Terms of Service of this or related websites (Moodly.com, Moodly.net, TrafficCentral.com, TrafficCentral.net, BionicTraffic.net, TrafficSoldier.com) will waive any refunds due to You.
Any website or user of any service provided may not do any of the following, unless agreed to with Us by separate agreement:
1) Use 20% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run services intended for interaction with other websites or computers (non-human interaction).
3) Run any type of web spider or indexer.
4) Run any software that interfaces with other services as relays or otherwise within a network of servers.
5) Run any game servers or similar sites that regularly consume large amounts of bandwidth or computing power.
6) Run cron entries with intervals of less than 15 minutes.
7) Programming functions that require import or inclusion of files within the website or on Our servers should include them directly and not through use of a URL as access by URL clogs Our server logs and causes system performance impact that is unwarranted.
8) May not significantly generate files dynamically as such operation consumes filesystem computing resource (file handles or INODES depending on the platform the hosting is ultimately on). No more than one hundred dynamic pages may be generated by each website account unless You order a dedicated server and then you agree that You have the responsibility for understanding the then current limitations of the technology and appropriately limiting use of the available machine and other computing resources.
9) You may be allocated a limit on monthly bandwidth usage. This allocation varies depending on the hosting package or services that you order. If your account exceeds the allowed amount, You understand that the systems we employ will automatically terminate your account and websites function and further display a notice that the account has been suspended due excessive bandwidth use or some other unfriendly message to your potential customers beyond our control. Unused allocation in any period will not and cannot be carried over to the next period.
Our Service Level Agreement
You understand that We will strive to employ the most reasonable solution for hosting and other services to You through many possible channels and that each of those channels has their own level of service that may vary substantially over time. While the providers we leverage generally claim an "uptime" of 99% within their own agreements, we will only commit to providing the best service then possible and in the event that the "uptime" of any of our services becomes problematic, we agree to work to adjust the services as possible, or to refund you up to a 30 day prorate equivalent of any amount you paid if you are unhappy with Our services. You understand and agree that the "uptime" of any website or hosting is dependent on many factors beyond our control, including, natural forces and acts of nature, network availability, physical network and computing devices that have innate defects or design flaws, have dynamic features such as software updates and changes that may cause intermittent performance or modify the characteristics of availability and usefulness ("uptime"), and other problems that may affect "uptime", that are beyond Our control. Our sole obligation under this clause will be to attempt to adjust Our services or the provisioning of such services, if and as possible, or to offer you a refund for the recent period such services were paid for on a pro rata basis. If We feel that the cost of modification of the services provided to You will be detrimental to Us, we reserve the right to terminate all existing and refuse future services to You.
Indemnification
You agree that by your use of, or continued use of, Our services that You shall defend, indemnify, save and hold, Us completely and totally harmless from or related to any and all real or suspected damages, demands, liabilities, losses, real costs, direct costs, indirect costs, impact on reputation, or other claims, including all or reasonable attorney's fees asserted against Us, Our agents, Our customers, Our officers, or Our employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. You agree that you shall defend Us, indemnify Us, and hold Us harmless related to and against any liabilities arising out of Your use of any of Our services including but not limited to; any injury to person or property caused by any products sold or otherwise distributed in connection with Us or Your websites or any services or product each may provide; any material supplied by You infringing or allegedly infringing on the proprietary rights of any third party; any copyright infringement by You or websites you may manage or operate through Our services or indirectly linked to websites on Our services and; any defective products or problematic services or information sold to customers by You or on your behalf through use of Our services or server.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Arbitration
By using any of Our services, you agree to submit to binding arbitration. If any disputes or claims arise against Us or Our subsidiaries, Our resellers or their affiliates, Our affiliates, or Our agents, such disputes will be handled by an arbitrator of Our choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state or province of Our operation, or convenient to Us. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and considered final. The arbitrator's award will be final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration clause. You are also responsible for any and all costs related to such arbitration.
Service Delivery & Replacement
You understand that hosting and professional services that You order may include subcomponents or subordinate services, all of which may contain defects or various levels of reliability, functionality, or availability. As example, email services, network services, or file system or database services, may each have various levels of service, or no service whatsoever, depending on the package and nature of the package of services, or package that you order and We agree to provide. You understand that We, at Our discretion, may be forced to at times change some portion of or all of the services you may become accustomed to and our sole obligation to you will be to provide vendor provided information to you or sufficient information such that you may equivalently leverage the replaced component of or service. Your sole remedy from Us will be to request a pro rata refund and to terminate service based on the method of termination described herein.
Additional Clarity in Disclaimer
Prior to acceptance of this agreement, You agree that there are many providers you may have selected to provide such services that you may order through Us and further understand and agree that You may change service providers at any time and Our services are not required to operate your business. As such, and otherwise in general, You agree that We shall not be at all responsible for any damages your business may suffer by your use of Our services or any relationship You may have with Us. We makes no warranties of any kind, whether expressed or implied, for any services or goods we provide to You for use or examination. We disclaim any warranty or merchantability of fitness for a particular purpose, whether for hosting of your websites or data or other uses even if expressed. These may include a loss of information, content, or other forms of data, including order, member, or customer data, resulting from errors, performance issues, operational delays, no email deliveries, interruptions in order notifications, incomplete or wrong delivery of services or subordinate services, and any and all service interruptions caused by Us, providers we leverage for your use, or Our or Our providers or related business partners employees, owners, managers, or directors.
Disclosure to law enforcement
We may and will most likely disclose Your or any of Your subscriber information to law enforcement agencies without further Your or Your subscribers further consent and without any notifications to You or Your subscribers upon Our suspected identification of any infraction of law, whether accurate or not. We will also disclose and deliver in part or in whole any and all information we have the ability to obtain or derive using all technological methods, or other knowledge or methods, available to us to assist law enforcement to complete their work, or upon their request, and may do so without notification of any kind to you. In summary, we will cooperate fully with law enforcement agencies at Our discretion without any notification to You or your members, users, customers, member communities, or others that may use Your account or websites installed or operated through or related to your account or relation to Us.
Headings
Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly. Presentation of this document within the confines of screen/browser real estate of a web page or web document does not diminish its intended use or identify legal boundaries or terms explicitly.
Modification
We reserve the right to revise this agreement, Our policies, Our prices, and Our service offerings, or descriptions thereof, at any time without notice to You.