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1. Terms

By accessing our website(s) at https://shopmodernsolutions.com, https://blog.shopmodernsolutions.com, or https://therocketcad.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The following agreement is between you (“customer”, “you”, “your”), and Modern CAD, LLC. (“Modern Solutions”, “the company”, “Modern CAD, LLC.”, “we”)

2. Payments, Refunds and Disputes

  1. Invoices for subscription products are generated 14 days before their due date, you may pay these anytime between their creation date and their due date to avoid suspension. Services are suspended 72 hours (3 days) after their due date and terminated fourteen (14) days after their suspension date. Late fees are applied 5 days after the due date and equate to 5% of the invoice amount, or $1, whichever is greater. By subscribing to a service using PayPal or card (Stripe) you understand the payment will automatically be taken from your PayPal account or card on the due date of the invoice every 30 days until cancelled. PayPal subscriptions require manual cancellation from your PayPal Account Settings area, we are not responsible for any overpayments as a result of the automatic payment not being cancelled. Services are eligible for full or partial refund that meet the following prerequisites:
    1. refund is requested within seven (7) days of the payment being processed;
    2. refund requested is made with legitimate reasoning;
    3. service is not a domain, cloud hosting, colocation, dedicated server, or add-on;
    4. product or service is not paid using a promotional discount; or
    5. product or service is not an upgrade.
  2. Chargebacks or disputes will result in an instant server suspension and revoke any right to refund, even if the payment was completed less than 7 days prior to the dispute. All refund requests must be made via support ticket on https://modsol.co/support. All other requests will be disregarded.

3. Backups

  1. Modern Solutions takes automatic backups of virtual private servers (VPS) each Monday beginning at 12:00AM CST. While Modern Solutions does take backups, the company is not responsible for customer data loss, and cannot guarantee that a backup will exist for customers at a given time. If a customer would like to request a backup restore if one exists, you should contact support.

4. Acceptable Use

  1. Modern Solutions may not individually monitor network traffic for customers, but does reserve the right to terminate any service if customers are found to be in violation of any of the below actions. All actions below are prohibited on any Modern Solutions service, including but not limited to: Virtual Private Servers (VPS), Dedicated Servers, Colocation, and Web Hosting.
    1. Denial of Service (DoS) attacks
    2. Distributed Denial of Service (DDoS) attacks
    3. Spam email servers
    4. Illegal adult content
    5. Phishing
    6. Malware and/or ransomware
    7. IP Spoofing
    8. Software Piracy
    9. Any action or content deemed illegal in the United States
  2. Customers found to be abusing or bypassing usage limits such as bandwidth, RAM, CPU, and I/O are subject to termination without refund.

  3. Abuse reports for IP addresses and/or behavior that violates our terms of service will be opened via an Abuse Report ticket in the customer’s client area. Customers have 24 hours to respond to a given Abuse Report with a solution and explanation of the documented abuse. Customers that fail to respond to an Abuse Report within 24 hours may be subject to suspension of their service until the abuse report is solved.

5. Colocation

  1. All colocation customers are subject to ensuring that all invoices are paid until they are able to request for equipment to be returned in the event of a cancellation. Remote hands are offered to customers and billed directly from the datacenter staff. Modern Solutions provides passthrough payments to the datacenter on all remote hands charges. Customers will be charged remote hands costs as follows.
    1. Scheduled remote hands requests, handled within 24 hours - $75/hour, billed on 15 minute increments
    2. Emergency remote hands requests - $125/hour, billed on 15 minute increments
  2. Customers who cancel their colocation will be charged a de-racking and shipping fee equal to $75/hour on 15 minute increments. Customers have the option of providing a shipping label to be used, or the company will provide a shipping label and add the cost to the de-racking fee.

6. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Modern Solutions' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Modern Solutions' website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. The only exception is when a client requests their products and/or accounnt details be transferred to another person via support ticket.

  3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modern Solutions at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

7. Disclaimer

  1. The materials on Modern Solutions' website are provided on an 'as is' basis. Modern Solutions makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

  2. Further, Modern Solutions does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

8. Limitations

In no event shall Modern Solutions or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Modern Solutions' website, even if Modern Solutions or a Modern Solutions authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Accuracy of materials

The materials appearing on Modern Solutions' website could include technical, typographical, or photographic errors. Modern Solutions does not warrant that any of the materials on its website are accurate, complete or current. Modern Solutions may make changes to the materials contained on its website at any time without notice. However Modern Solutions does not make any commitment to update the materials.

10. Modifications

Modern Solutions may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service. These terms were last updated on 1/19/2021.

11. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Dallas, Texas and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

12. Unmetered Offers

While we may offer unmetered bandwidth and space to our customers we reserve the right to remove excessive file(s) such as large logs, redundant backups, or other files that may impact other customers on the node. We also may apply a soft limit to your plan due to software contraints, however limits may be raised at anytime via Support Ticket.

13. Unfair Usage

If we find your server using any sort of system to bypass limits put on your server (such as slots or RAM amount) your server is subject to being terminated without refund.

14. Cancellations

Customers that wish to cancel a service must do so by submitting a cancellation request from their client area. Cancellation requests can be submitted with the option of cancelling immediately, to be executed at the system’s automatic cron jobs the following day at 12PM CST, or at the end of the billing period. When a cancellation request is processed, all services associated with the cancellation request are deleted and are not recoverable.

15. Termination

Modern Solutions reserves all rights to terminate your server or service upon any violation of these terms, or any other basis if deemed needed. Services which have been suspended for non-payment will be terminated 14 days after the first invoice was due.

16. Support

All support requests must be submitted through the ticketing system or LiveChat. Any alternative method of support does not guarentee a response from an official representative. We also may not be able to assist with all issues in LiveChat, in such a case, the LiveChat agent(s) will guide you to the proper location to receive assistance.

17. Promotions

Modern Solutions cannot guarantee that all promotion codes will work all of the time.