Services Provided by ModuBiz
Some Services are provided free of charge and others are provided subject to payment of fees. Subscriptions to paid Services are available on monthly subscription plan. You may elect to change your account from free account to paying account, or change your payment method, according to ModuBiz offered plans, by electronic means available on the Site. We reserve the right to change from time to time the prices rendered for our Licenses and/or Services and to charge for use of Services that are currently available free of charge.
General Practices Regarding Use and Storage
Subject to the terms of your license you acknowledge and agree that ModuBiz, in its sole discretion, with or without notice, may establish or revise from time to time general practices and limits concerning your use of the Services, including without limitation, establishing the maximum amount of storage space you have on the Site at any time. ModuBiz also reserves the right to change, modify, suspend or discontinue any portion of the Site and/or the Services at any time and ModuBiz may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. If you do not agree to any such updates or changes, your sole remedy shall be to discontinue the use of the Services. You agree that ModuBiz has no responsibility or liability for the deletion, corruption, or alteration of your data or failure to store any data, text (including but not limited to files, databases, directories and groups/workgroups) (collectively referred to as “Content”) provided by you and maintained or transmitted by the Services.
ModuBiz may provide links to other sites or resources. Because ModuBiz has no control over such sites and resources, you acknowledge and agree that ModuBiz is not responsible for the availability or accuracy of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, intellectual property notices or other materials on or available from such sites or resources. You further acknowledge and agree that ModuBiz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Personal Information, Privacy and Security
Communications from ModuBiz
Your consent during the registration process to receive updates and marketing materials of ModuBiz, means that you agree and authorize ModuBiz to make use of the information you provided ModuBiz during the registration process for the purpose of (i) improving ModuBiz services provided to you, (ii) sending you certain communications from ModuBiz, such as notifications of ModuBiz products and services which might interest you; ModuBiz newsletters and other advertising information; service announcements and administrative messages, by e-mail or by any other means of communication provided by you (Collectively referred to as “Communications from ModuBiz” or “Communications”). As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving such Communications from us. You have the right to notify ModuBiz, at any time, of your refusal to receive such Communications from ModuBiz by contacting ModuBiz or by mail.
User Sign up Obligations
In consideration for your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself in the required fields of the registration form(s) (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ModuBiz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ModuBiz may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Spamming and Illegal Activities
You agree to not use the Services to: (a) upload or otherwise transmit any Content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any ModuBiz representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (e) upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any Content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services that may be designated for such purpose; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the Services; (j) violate any applicable law or regulation (k) incite or provide instructional information about illegal activities.
Restrictions on Use
You agree not to copy, or create a derivative work of any portion of the Services, use of the Services, or access to the Services. Such restrictions do not apply to the Content you place on the Site. You agree not to access the Services by any means other than through the interface that is provided by ModuBiz for use in accessing the Services.
Content Submitted to the Site
By submitting any Content to ModuBiz, you warrant that: (i) you are the owner of such Content, or have all the rights necessary to submit such Content to ModuBiz, and (ii) the use of such Content by ModuBiz and its members will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party. ModuBiz will investigate notices of intellectual property infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes intellectual property infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify ModuBiz. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not ModuBiz, are entirely responsible for all Content that you upload or otherwise transmit via the Services. ModuBiz does not control the Content uploaded or otherwise transmitted by you or other customers via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other Users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
Applications Created by a Developer
If you are a developer, using the Services as a platform for development of an application to which you own all proprietary rights, you acknowledge and agree that (i) the users of your application are solely your clients and not clients of ModuBiz, (ii) you will enter into an agreement with such clients to protect your proprietary rights in connection with such application, and (iii) ModuBiz is not responsible for your application, or for support to your clients, even if your application is used in connection with the Service.
Intellectual Property and other Proprietary Rights
Modubiz retains ownership and all rights to all Modubiz logos, icons, trademarks, software, trade secrets, databases, reports, the Site Applications and the Site and all content therein. You acknowledge and agree that the Services, the Site and the Site Applications contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and you agree not to display, use or disclose such information to any third party without ModuBiz’s prior permission. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.
Modifications to the Services or Agreements
Term, Suspension and Termination
Disclaimer of Warranties
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MODUBIZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MODUBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES, THE SITE OR THE SITE APPLICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, THE SITE OR THE SITE APPLICATIONS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT MODUBIZ WILL NOT BE LIABLE FOR ANY (i) INTERRUPTION OF BUSINESS, (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE (iii) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION (iv) UNAUTHORIZED ACCESS TO DATA ENTERED IN, OR BREACH OF ANY SECURITY MECHANISMS UTILIZED IN, THE SERVICES, THE SITE, THE SITE APPLICATIONS OR IN ANY RESTRICTED FIELD THEREIN; OR (v) EVENTS BEYOND MODUBIZ REASONABLE CONTROL. IN NO EVENT SHALL MODUBIZ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN RESPECT TO THE SERVICES PROVIDED TO YOU BY MODUBIZ. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.