Modern Web Studios & Tech Support – Terms of Service
Note from Modern Web Studios: We know there’s a lot on this page, but it should be read through to make sure you understand what “your” and “our” responsibilities are when it comes to having a website. We prefer you ask 15 questions than to misunderstand or assume one thing. So please don’t hesitate to reach out to us with ANY questions you may have about our terms and conditions.
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Modern Web Studios and Tech Support Inc – Terms of Service
1.2. If we provide or resell certain software or services to you, you understand and agree that you may be bound by additional terms and conditions imposed by applicable third party resellers or licensors, which are also incorporated herein by reference.
1.3. Your use of our services constitutes your agreement to abide by the laws of the United States and of the state and country in which you reside, including, but not limited to, all intellectual property laws, tariff regulations, export controls, treaties, and international laws.
1.4. If you do not agree to abide by this TOS, you are prohibited from using the Services. This TOS is not a complete representation of all MWS policies or the implementation of all such policies.
1.5. We may periodically change, modify, or update this TOS without notice to you. Your continued use of the services after we post a changed, modified, or updated TOS serves as your acceptance of those updated policies. Please refer to this TOS regularly to remain updated about our current policies.
2. Restrictions: You agree that you will NOT use the Services to:
2.1. Violate any applicable state or federal law and regulation, including, but not limited to, any copyright, trademark, patent, anti-piracy, or other intellectual property law or regulation, or encourage or enable others to violate any such law or regulation.
2.2. Transmit, distribute, post, store, link, or otherwise traffic in information, software, or materials that is offensive, abusive, inappropriate, malicious, or detrimental, including, but not limited to, those that: 2.2.1. are pornographic, obscene, fraudulent, or discriminatory, including any containing nudity, erotica, profanity, or obscenities.
2.2.2. Encourage, glorify, or promote illegal activity, violence, cruelty, discrimination, or Ponzi-type schemes. Copyright © MWS. All rights reserved. 1067 N Main Street, Suite 227, Nicholasville, KY 40356
2.2.3. Exploit children, facilitate phishing, hacking, or identity theft, or defame, threaten, harass any person or group, or attempt to impersonate the identity of a third party.
2.2.4. Infringe upon a third party business, contractual, privacy, or fiduciary right.
2.2.5. Contain malicious or applications code of any type.
2.2.6. Make or facilitate any form of computer, server, or network attack or disruption.
2.2.7. Compromise, disrupt, or degrade the normal and proper operation of any computer, server, or internet system, including MWS’s systems.
2.3. Send, post, host, or enable any offensive, abusive, inappropriate, malicious, or detrimental e-mails, blog postings, or instant messages, including, but not limited to, any types of mail-bombs or SPAM (“SPAM” is defined as any type of unsolicited e-mail that does not utilize “Double Opt-In/Single Opt-Out” methodologies).
2.4. Use or provide open proxies or Internet Relay Chat (“IRC”).
3. Acceptable Use:
3.1. You represent and warrant that all information that you provide to MWS to open or update your MWS account including but not limited to your name, business name, address, e-mail address, telephone number, credit card, and/or ACH/Bank information (“Contact Information”), is accurate and complete. In addition, (a) you agree that you will at all times keep your Contact Information accurate, complete, and up-to-date, (b) you understand that your failure to do so may result in suspension of all of your MWS Services or cancellation of all of your MWS Services and termination of this TOS, and (c) you understand that you will be solely liable for your inability or failure to receive e-mail or other communications from us due to your failure to keep your Contact Information accurate, complete, and up-to-date.
3.2. By providing us with your e-mail address, you thereby agree that we may send you service-related or other notices by e-mail rather than by postal mail.
3.3. You agree that you will not share your account passphrase, password, security question answers, or any other confidential information about your account with any other person or persons, that you will be solely liable for any actions taken by such person or persons, and that we will not be liable for any actions taken by such person or persons.
3.4. If you provide us with a business name for your account, we will consider that business to be the owner of the account and may require certain change authorizations from an officer (if a corporation), authorized member (if a limited liability company), partner (if a partnership), or owner (if a sole proprietorship) of the business. If you do not provide us with a business name for your account, we will consider you to be the owner of the account and we may require certain change authorizations from you.
3.5. You understand and agree that (a) MWS or any applicable licensor retains all rights, title, and interest in and to any computer programming, formatting code, operating instructions, or other software used in providing the Services to you (“Programming”) and (b) that you will not reverse engineer, disassemble, decompile, or otherwise attempt to derive any source code of the Programming.
3.6. You understand and agree that we may access your server without notice to you in the event of an actual or suspected violation of this TOS or to otherwise maintain and protect the security and reliability of our network. You also agree to keep your administrative access credentials in ModernWebStudios.com complete and up to date. Copyright © MWS. All rights reserved. 1067 N Main Street, Suite 227, Nicholasville, KY 40356
3.7. You understand and agree that if you do not respond within three (3) calendar days to a MWS-generated abuse-related inquiry sent to you that, in addition to other rights we have under this TOS or otherwise, at the end of the three (3) calendar days MWS may suspend all of your MWS Services or cancel all of your MWS Services and terminate this TOS without further notice or obligation to you.
3.8. You understand and agree that initiating a “chargeback” to your credit card, Stripe, your PayPal® account, via ACH, or any other payment processor or payment method you utilize to make your payments for services provided to you by MWS shall be a violation of this TOS.
3.9. You agree to conduct yourself in a professional manner at all times when interacting with MWS employees. You understand and agree that abusing MWS employees, whether by lying, cursing, yelling, threatening, or otherwise, whether over the telephone, via e-mail or chat, or when submitting on-line tickets, shall be a violation of this TOS and may be grounds for suspension of all of your MWS Services or cancellation of all of your MWS Services and termination of this TOS. In addition, making threats of physical violence, either against MWS, its facilities, or any of its shareholders, directors, officers, employees, contractors, or agents will be promptly reported to the authorities and will be grounds for immediate termination of this TOS.
4. Fees and Billing:
4.1. You agree to pay for the applicable fee or fees for each of the Services you order or select, including but not limited to all setup fees, monthly fees, quarterly fees, annual fees, usage fees, web traffic fees, late fees, hourly-rate fees, or other fees.
4.2. We accept payments by credit card, check, e-check, PayPal®, Stripe, or wire transfer, except that (a) customers paying by check or wire transfer will be charged an additional processing fee of $10.00 for each payment made and (b) customers paying by wire transfer will be charged a wire transfer fee of $15.00 for each payment made.
4.3. Applicable setup fees and the fees due for your first service term (first month, first quarter, or first year, etc.) are both due on your initial Services start date. MWS may change the pricing for new Services at any time and for existing services at the beginning of any new billing period.
4.4. You understand and agree that no refunds or reimbursements, in full or in part, will be paid to you at any time. Once the purchase is made, our team of graphic designers and programmers immediately go to work on the initial setup of the Content Management System (CMS), designing various elements that will be implemented into your website, purchasing licensed photographs, plugins and possibly sub-contracting portions of the project(s). Therefor, the compensation is non-negotiable and non-refundable regardless of whether you choose for the website to go “live” (public) or remain offline until you are ready to officially launch the website (even if you decide you no longer want the website). You understand that before gaining access to the back-end of your website or the website is launched, you must approve via email that the website is completed and satisfactory.
4.5. Each of your MWS Services will be automatically renewed on the anniversary date (monthly, quarterly, annually, or otherwise, whichever is applicable) of the start or last renewal date of that specific MWS Service (“Anniversary Date”). If MWS has a valid credit card or current ACH instructions/banking information on file for your account on a Service’s Anniversary Date your credit card or bank account will be automatically charged at that time for the cost of renewing the Service through its next Anniversary Date. If MWS does not have a valid credit card or current ACH instructions/banking information on file for your account on a Service’s Anniversary Date your MWS account will be automatically charged at that time for the cost of renewing the Service through its next Anniversary Date and you will be liable for those fees.
4.6. You are liable for all unpaid amounts due on your account even if MWS cancels your Services or terminates this TOS partway through a billing cycle. MWS may charge your account late fees for overdue payments and MWS may charge you interest on Copyright © MWS. All rights reserved. 1067 N Main Street, Suite 227, Nicholasville, KY 40356 unpaid balances at the rate of 1.5% per month or the maximum rate allowed by law. In addition, your equipment, domains, web content, or other assets may be retained by MWS as collateral for unpaid charges and penalties until such charges and penalties are paid in full. Also, MWS may use a third-party service to collect unpaid amounts and may charge you attorneys, collection, or other reasonable fees incurred to collect unpaid balances.
4.7. If you elect to change your payment frequency in the middle of a billing cycle, (a) the change must be submitted in the form of a ModernWebStudios.com ticket to billing at least thirty (30) days before the upcoming Anniversary Date of your MWS Services, (b) the change will not take effect until after the end of your current billing cycle and (c) discounts specifically applicable to your old billing cycle will not apply to your new billing cycle. For example, if you elect to change from paying annually to paying monthly (a) the change will only take effect at the end of your current annual term and (b) discounts that you received because you were paying annually will no longer be available to you.
4.8. If you dispute a charge, to avoid interruption of your Services you must (a) pay the entire amount invoiced to you by its due date and (b) notify the MWS billing department about the disputed amount. If MWS validates your claim, your account will be credited with the validated amount.
4.9. You specifically understand and agree that for each (a) returned check or (b) MWS fee that you “chargeback” to your credit card, to your PayPal® account, or via ACH that will be liable to MWS (and MWS may collect from you) a “Returned Check Fee” or “Chargeback Fee,” as the case may be, in the amount of $50.00.
4.10. Charges for bundled Services will be “unbundled” if you cancel any part of the bundle of Services. For example, if you receive a free SSL certificate as part of a “bundled” package and you then cancel one or more of the “bundled” services in your selected package you will be charged at that time for the SSL certificate.
4.11. You understand and agree that you are responsible for any network bandwidth charges, memory over usage charges, or other overage charges you incur for using the Services, even if such overages arise because your server or account is compromised or “hacked.” 4.12. You understand and agree that you will be automatically be assessed a charge of $50.00 for (a) each IP address assigned to your account that, in MWS’s reasonable discretion, is blacklisted or, if your account is closed, was blacklisted, and for (b) each IP address which was blacklisted because of your action or inaction, even if it was not assigned to your account or if your account has been closed.
4.13. You must notify MWS about any disputed billing charges related to your account within thirty (30) days. If MWS, in its reasonable discretion, validates your claim, your account will be credited with the validated amount. In addition, you understand and agree that MWS will not be liable for any claim, charge, or other liability of any type related to the Services after a period of six (6) months from when the specific Services were provided.
4.14. In the event MWS installs/configures a website on a third party server you agree to waive your right to a chargeback or credit card reversal due to the fact that we cannot reclaim the time, additional software, and/or contract labor costs we have invested into your project. The only exception of this would be if we did not meet your deadline otherwise stated in our contract and there were no delays on your end in providing us with what we need to proceed and complete the project on time. The hosting support charges incur even if your site is not launched, as the site (even under construction) is taking up the server and resources. Some of the programs utilized for this website are discounted because they are licensed under Modern Web Studios. Additional charges may apply if you choose to move to another hosting provider for direct licensing. Some programs are not possible to be moved for this licensing reason. Be sure to ask if you have any questions regarding licensing.
5. Term and Termination:
5.1. This TOS will become effective when: Copyright © MWS. All rights reserved. 1067 N Main Street, Suite 227, Nicholasville, KY 40356
5.1.1. For MWS “click-through” agreements, when you “Accept” online the agreement into which this TOS is incorporated.
5.1.2. For MWS agreements you physically sign, when you affix your signature and return the executed agreement to MWS.
5.1.3. For MWS agreements you sign electronically, when the electronic signature process is complete.
5.2. This TOS will remain in effect until it is terminated by either party under its terms. Termination of this TOS will automatically terminate each agreement into which it is incorporated.
6.1. To cancel any of your MWS Services or terminate this TOS (a) your account must be paid in full and be in good standing and (b) you must provide MWS thirty (30) days notice. MWS can only accept cancellation and termination instructions submitted through ModernWebStudios.com. We are unable to accept any cancellation or termination instructions submitted to us in any other manner.
6.2. If you provide cancellation or termination notice to MWS less than thirty (30) days before the upcoming Anniversary Date of your MWS Services (a) on that Anniversary Date you will still be automatically charged for the cost of renewing your MWS Services through their next Anniversary Date and (b) you will not be eligible to receive any refund, either in part of in full, for any of the amount charged to you on that Anniversary Date.
6.3. MWS may unilaterally cancel your MWS Services and terminate this TOS at anytime for any reason without compensation to you upon ten (10) days written notice to you sent to the address or e-mail address you currently have on file with MWS. Also, MWS may refuse to open a new account for any person or entity.
6.4. MWS may, immediately and without notice or obligation to you, unilaterally suspend all of your MWS Services or cancel all of your MWS Services and terminate this TOS if (a) payment for Services is not received by the Anniversary Date of the start or last renewal date of any MWS Service or (b) we determine, in our sole discretion, that you have or it is alleged that you have otherwise violated this TOS.
6.5. You understand and agree that upon cancellation of your MWS Services and termination of this TOS that MWS has the right to immediately bar your access to your server or account and/or delete any and all content on or related to your server or account.
6.6. Refer to segments in #11 and #16 below for additional. Click Here
7. Server Protection Plan (Only applies to dedicated server plans, not individually hosted plans for small businesses):
7.1. General: If you (a) purchase the MWS Server Protection Plan (“SPP”) for your dedicated server and (b) your MWS dedicated server is compromised by a third party, MWS will, at no charge to you, (a) reinstall your operating system and (b) waive any bandwidth overage charges you may have incurred due to the server compromise.
7.2. Limitations: The following limitations apply to the SPP:
7.2.1. You must notify MWS that your server has been compromised by submitting a ticket at ModernWebStudios.com no more than fourteen (14) days after your last billing date.
7.2.2. MWS must be able to confirm to its sole satisfaction that your server has been compromised.
7.2.3. MWS will NOT reimburse you for any bandwidth overage charges that directly result from your own actions.
7.2.4. At no time will MWS backup, recover, or reinstall any of your data or be liable for any data loss you may incur at any time.
7.2.5. MWS may terminate SPP service for your account at any time if, in its sole discretion, it appears that your server has been compromised more than once.
7.2.6. MWS may refuse to add the SPP service to any account for any reason.
8.1. IN NO EVENT WILL MWS’S LIABILITY TO YOU IN THE AGGREGATE FOR ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS TOS OR AN AGREEMENT INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO WHICH THIS TOS IS INCORPORATED BE EQUAL TO AN AMOUNT GREATER THAN THE FEES PAID BY YOU TO MWS DURING THE ONE (1) CALENDAR MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM OF LIABILITY.
8.2. IN NO EVENT WILL MWS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, CONTRACTORS OR EMPLOYEES BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS) ARISING OUT OF, OR IN CONNECTION WITH, THIS TOS OR AN AGREEMENT INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO WHICH THIS TOS IS INCORPORATED WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF MWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Copyright © MWS. All rights reserved. 1067 N Main Street, Suite 227, Nicholasville, KY 40356 YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS TOS AND WITHOUT SUCH LIMITATIONS MWS WOULD NOT ENTER INTO THIS TOS.
8.3. WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE OF ERRORS, BE UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND INDEMNITIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY ARISING FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY TEMPORARY DELAY, OUTAGE, OR INTERRUPTION OF THE SERVICES, AND YOU HAVE NOT ENTERED INTO THIS TOS IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. ALL SERVICES PROVIDED UNDER THIS TOS WILL BE DEEMED ACCEPTED WHEN DELIVERED.
8.4. YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHTS YOU MAY HAVE TO A TRIAL BY JURY IN ANY LAWSUIT OR PROCEEDING RELATING TO OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS TOS, WHETHER ARISING OUT OF CONTRACT, TORT OR OTHERWISE.
8.5. You agree to indemnify, defend by counsel reasonably accepted to MWS, and protect and hold MWS harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants’ and attorneys’ fees and court costs, demands, causes of action, judgments, etc. directly or indirectly arising out of or related to the Services.
8.6. Nothing in this TOS shall be construed as creating a joint venture, partnership, agency, employment, franchise, or other relationship between you and MWS. Also, neither party to this TOS shall have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other.
9.1. This TOS may not be assigned by you without our express written consent. MWS may assign any or all of its rights and obligations to others at any time.
9.2. This TOS is the final expression of the agreement between you and MWS regarding the Services. This TOS may not be modified or amended, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by you and MWS.
9.3. MWS’s waiver of your breach of any portion of this TOS shall not operate or be construed as its waiver of any subsequent breach of the same provision or any other portion of this TOS and no remedy available to MWS hereunder is exclusive of any other remedy available to MWS hereunder or otherwise available at law or in equity.
9.4. If any provision of this TOS or its application is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this TOS shall remain in full force and effect enforced to fullest extent consistent with applicable law.
9.5. You agree that you will not solicit MWS employees as your employees or contractors. You represent and warrant that you have full power to enter into this TOS and any agreement into which this TOS is incorporated by reference. Copyright © MWS. All rights reserved. 1067 N Main Street, Suite 227, Nicholasville, KY 40356
9.6. The section headings contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this TOS.
9.7. MWS shall not be deemed to be in default of or to have breached any provision of this TOS as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond our reasonable control.
9.8. This TOS shall be binding on you and MWS and your or its successors and assigns, and shall be governed by the laws of the state of Kentucky without giving effect to such laws’ provisions regarding conflict of laws. Any action arising out of or related to this TOS shall be brought in the Kentucky state courts located in Jessamine County, KY, USA or the Federal court located in Nicholasville, Kentucky, USA and each party consents to the jurisdiction and venue of these courts. Each party expressly disclaims application of the United Nations Convention on Contracts for the International Sale of Goods to this TOS.
10. Adwords and Display Network Advertising
10.1. Payment Terms, Explanation of Our Fees, Refunds and Our Process:
10.2. Our 30% management fee and Google Click Fees are month-to-month (after the 3 Month Minimum.), so you can cancel at any moment before the current month ends. Once the month’s charge is automatically processed, there is no refund for that month’s payment. Your website will appear on the first page of Google during different times of the day, depending upon a combination of your budget for that day and the schedule it’s set to run on. It will run for 30 days or during the time period you’ve agreed upon. Your daily budget and your competition’s bid amounts dictate what you’re click costs are and this fluctuates throughout different times of the day, different days of the week and different industries. We will continually micro-adjust your keywords, your schedule and all of the other options that are involved in running in AdWords campaign. If we are running a display network campaign, the same budget will be spread across that campaign as well. Upon your request, we will provide you with reports of how your campaign is performing.
10.3. You agree to give us temporary access to insert the Google analytics code and other tracking codes to enable us to track and adjust the campaign as results come in. If there’s a delay in getting us this access, the monthly management fee continues to incur.
10.4. Additional Charges:
All rates provided in this agreement are for the work actually contemplated by this agreement. In the event that additional work is required or requested beyond what is reasonably contemplated by this agreement, Customer agrees to pay any additional charges for such unanticipated or requested work at an hourly rate or monthly fee mutually agreeable to both parties.
10.5. Pausing an Ad Campaign (Google Adwords or Facebook Ads. SEO Boosters are not able to be paused):
We do allow you to pause the campaign at any point and freeze the cost of any clicks that may incur by Google or Facebook from up to 24 hours after verbal AND written notification to pause. However you will continue to incur the 30% management fee.
10.6. Account Requirement to be in good standing with Billing:
Any unpaid charges for services pertaining to the build, maintenance or extended servicing of your website must be made current and maintained in good standing. This includes, but is not limited to: website build charges, additional plug-in subscriptions, hosting, social media, Search Engine Optimization efforts, email and more. Failure to bring current and maintain these costs and charges will result in a suspension of your website. The site will be suspended within as little as 2 weeks of the initial notification. This will also cause any other related services that are associated with your website to be suspended as well. Furthermore, re-connection charges will occur in addition to any past due balances to reactivate the site. If the account is not brought current within 90 days of the initial notification the site will be permanently removed from the servers.
11.1. Website creation and pricing is based on shared licensing agreements through MWS and the Teamero system.
11.2. Notwithstanding any other provision in this agreement, Modern Web Studios and Tech Support Inc. (MWS) and Associates expressly retains full ownership of any programming code and editing platform, including all associated rights of use, especially that which MWS and Associates has developed for its own use. Your purchase from MWS and Associates will provide the website theme including design elements and graphics created for your site (note: not the platform software to edit it), the content provided by either by MWS and Associates or by you the customer as well as photos that have been purchased and registered by and through you the customer.
11.3. MWS and Associates can purchase pictures/ photos for licensed use on a MWS and Associates websites however, if you move your website to another provider the photos may need to be re-licensed/ purchased at full price based on the copyright guidelines. You have the option of purchasing these photos yourself from a licensing photo exchange and providing them to us, MWS and Associates, for use on your website.
11.4. Any material provided by you the customer for the website, such as photos, text, artwork, graphics, designs, trademarks, and/or the like, must be owned or licensed by you to use. You will indemnify and hold MWS and Associates harmless from all losses and claims, including attorneys fees and legal expenses, that may result from a third party claim related to the materials you provide.
11.5. During website creation or the rebuild of a website managed hosting charges begin the day of initial set-up (not the day the website is publicly visible or made “live”) unless identified separately in an agreement or validated email. This is because once a website domain is added to our server it will require resource consuming programs as well as storage space.
11.6. Our CMS System (Teamero) is a proprietary software that can only be utilized on our servers. Should you choose to move to another hosting company, you will lose the ability to edit your website through our CMS system.
12.1. Managed Hosting Service includes: Access to the Teamero editor, standard level security*, level 1 SSL**, weekly off site back-ups, professional web editor training, site development training and support.
12.2. Customers using our managed hosting services will only have limited access to the website. As a policy MWS does not grant access to the following areas: The theme editor, FTP, CSS, Plugins or the Element areas (Head).
Non-managed, full access server services are available upon request.
13. Domain Name Ownership and Responsibility
The customers always owns the domain here at MWS. Most customers come to MWS already in control of their own domain account. Regardless of where the domain is purchased, domain management is the sole responsibility of the customer unless a domain management plan has been purchased. (usually $25 annually) The customer is responsible to keep the domain registration current in order for the website to function properly. We recommend having it set on auto renewal or pay for several years ahead. Domain service providers such as: Site Tech Support, Godaddy, Network Solutions, Tucows, Namecheap and more; regularly send out expiration notices 90 days ahead of the expiration date. As a courtesy MWS also sends out an email or phone call to make sure that this important account is kept up to date. In most cases domain registrars will charge a reconnect fee in excess of $125 to get a domain reactivated after expiration. If an expired domain is not brought current within 30 days, it may not be retrievable; being resold to a domain broker or placed back into the database and placed up for sale. Please remember that your domain and hosting are 2 separate accounts and both must be dealt with independently.
14. Search Engine Performance
MWS does not guarantee any search engine ranking unless you are ordering an SEO campaign. Modern Web Studios and Tech Support Inc. (MWS) and Associates deems no responsibility for how the website is viewed by search engines. The ongoing support and CMS are there to help further the customer website to better meet the guidelines and criteria for search engines. Further because search engine rankings are third party and outside our control we cannot be held liable for where your website is placed on search engines not to mention that their build criteria constantly changes. Unless contracted, websites are launched with no SEO information; however we do supply ongoing support/training for those customers who wish to add the information.
15. Courtesy Services
MWS and its affiliates offer some services as a courtesy. These courtesy services are not part of any paid service you have through MWS and can be discontinued at any time. Some of these services might be: Search Engine Performance training and guidance, marketing training and advice, Social Media Marketing training and advice.
Please see #6 above additional information on our cancellation policy.
16.1. To cancel any of your MWS Services or terminate this TOS (a) your account must be paid in full and be in good standing and (b) you must provide MWS thirty (30) days notice. MWS can only accept cancellation and termination instructions submitted through ModernWebStudios.com. We are unable to accept any cancellation or termination instructions submitted to us in any other manner.
16.2. MWS will not be responsible for migrating the content and features but will provide you with a copy of your website should you choose to move to another server. In the event of non-payment, managed hosting services will stop and the above mentioned website will go offline and there will be a reconnection fee of $25 (as well as any past due balance) prior to service being reactivated. This will also cause potentially long term effects in your search engine ranking. Cancellation of Hosting requires notice of no less than 30 days in writing. MWS will continue to provide you, during the period of this contract and/or Hosting services, with ongoing quality tech support, including training in how to use our CMS, because we take great pride in empowering our customers in taking on the task of editing their website.
16.3. In the event that you the customer would want to move your site to another hosting provider, charges will be accessed (Maximum of $200) based solely on the licensing of plugins needed for your site to function with WordPress. Proprietary plugins, the editing system and any feature listed in the support offerings are not transferable to another provider. We do, however, make every effort to find plugins that are similar in nature so that the website can function on a basic level. As the originating build price was calculated based on these factors there are NO refunds or allowances made for transfer to another site. If you prefer, we will provide to you a zipped folder that has all of your pages (not including any SEO Booster pages used during a Booster Campaign), content, graphical elements and photos (everything available to the visitor on the front end of your website, other than Booster Campaign Content and Pages). Another web development company can take these elements and build it into a new website for you into their software and you would need to check with that company as to an editing platform.
17. Business Transfers
If MWS, or substantially all of its assets, were acquired, or in the unlikely event that MWS goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of MWS may continue to use your personal information as set forth in this policy and to communicate with you via phone, email, mail or otherwise.
Sections 1.2, 3.2, 3.5, 4.1, 4.6, 4.9, 4.11- 4.14, 5.1, 5.2, 6.1, 6.2, 6.5, 6.6, 7.2, 8, 9 and 16.3 shall survive termination of this TOS.
*Standard level security is basic programs on the site and server that alerts us against cyber attacks, as well as, WordPress security updates.
If you need higher levels of security, additional charges will need assessed. No program is effective with a weak or discoverable password.
Be sure to use the most aggressive passwords you can to help secure your site.
**Based on Google’s current guidelines of acceptance