Mogabuy Web Design Studios

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Terms & Conditions

Our terms of service are designed to be read by the average Joe, not by some high-priced lawyer. Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between Mogabuy and you. If you have any questions about what you see on this page, please feel free to contact us at hosting@mogabuy.com.

The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you. The term "Mogabuy" or "us" or "we" refers to Mogabuy Web Design Studios.

Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Mogabuy), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy, below.

Cancellation
As we explain in this paragraph, we offer you a money-back guarantee if you cancel with us during the first 30 days. And here is how our cancellation policy works. It is very simple. If you cancel your account within 30 days of first signing up, we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding domain registration fees. The only way to cancel your account is by submitting information through our cancellation email address hosting@mogabuy.com.

Due to our very low hosting costs, we are unable to offer a full refund or partial refund for services. If you wish to cancel your account within the 30 day period, a fee of $2 will be deducted from the amount refunded for filing fees. Your payment is for 30 days of service, whether you use 1 or 30 days. This is to keep our overall cost low and still provide fair competition to other hosting companies. Only under special circumstances will a refund, either full or partial be made.

If more than 5 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data and website will not be available. In order to reactivate your account, please see the section Reactivation After Suspension for more details. If in 14 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 14 days pass since your statement date and you have not made payment in full, Mogabuy shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 14 days behind in making payments, your data will be deleted. You hereby acknowledge that this is Mogabuy's policy when it comes to data retention, and waive all rights in and to your data in these situations.

Reactivation After Suspension
If your account has been suspended, there will be a reactivation service charge of $20 in order to reactivate your account, bringing it out of suspension. You can request reactivation to your account, by contacting us first at hosting@mogabuy.com . Please note that you only have 14 days after your suspension, to reactivate your account before our system removes all of your data. To summarize, reactivation consists of $20 + Any invoice amount due.

Acceptable Use/Illegal Activity
Mogabuy strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

• NEVER USE CHMOD 777!! Our servers run on Chmod 755. Using 777 Puts your site at risk for hackers and also makes your account unsecure.
• Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
• Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
• We do not allow the use of anonymous proxy scripts on our servers. They can be very abusive to the server resources, affecting all users on that server.
• Your account is not to be used as a backup server for files. Your account is used for websites and the data therein. File storing is prohibited on our servers, unless approval from tech support is made
• Other types of prohibited usage are: irc bots, irc scripts, pirated software, warez material, mail bombers, hate sites, and hacker based sites and tutorials
• Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
• Uploading or linking to any content that violates another's right of publicity or privacy.
• Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
• Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
• Hosting of adult content is allowed on our servers, as long as it is not too graphic for most viewers. In any other event, we require some form of age verification, whether it be a splash page or thru a 3rd party network.
• Cron jobs must be set at no more than 15 minute intervals and no more than 15 should be added. This is for the security of all other users, to avoid drops in bandwidth or server overload.

If you are found to have stolen software or if it is unlicensed without proper consent, your account will be suspended. This includeds any nulled scripts. There will be no refund on a suspended account whether you are a new customer or a current active customer.

Disproportionate loads placed on the server.
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Adam Sheaks
Mogabuy Web Design Studios,
1350 N Locust St APT 100,
Ottawa, OH 45875

By email: hosting@mogabuy.com

Indemnification
If Mogabuy is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Mogabuy is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse Mogabuy for what it pays to satisfy a judgment or settle a case, you also agree to pay Mogabuy's reasonable attorney's fees and all other costs Mogabuy incurs in defending itself.

Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Mogabuy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mogabuy MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Mogabuy DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Mogabuy cannot be held liable for it. IN NO EVENT SHALL Mogabuy BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Mogabuy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Mogabuy due to your enrollment in the affiliate program,

Governing Law and Choice of Form
The laws of United States, the State of Ohio and the County of Putnam will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Putnam County, Ottawa, Ohio. When These Terms Take Effect

This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to contact us for clarification.

By using Mogabuy you agree to the above terms of service.