General Terms of Service

Last updated on January 1, 2021.

Please read these Terms of Service carefully.

Make Me Modern offers a variety of services to customers ("you") which include, but are not limited to website development, website design, website hosting, website maintenance and Search Engine Optimization (SEO). These services are collectively referred to as “Services.”

By using Make Me Modern’s Services, Customer agrees to these Terms of Service and any other policies or terms referenced or published by us (collectively, the “Terms”). If Customer does not accept these Terms, Customer must not register an account or purchase, access, or use Make Me Modern’s Services in any way.

These Terms form a binding legal agreement between Make Me Modern and any person or organization who purchases, accesses, or uses Make Me Modern’s Services (“Customer” or “You”). Customer represents, warrants, and agrees that (a) Customer has the full power and authority to enter into and perform under these Terms, or (b) if Customer is using these Services on behalf of an organization, entity, or group, that Customer is authorized to accept these Terms.

Financial Arrangements

1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
2. Customer agrees that all charges and fees associated with an account are their sole responsibility.
3. AUTOMATIC RENEWAL: At the end of the contract term, the contract will automatically renew at the then-current, non-promotional rate for the original contract length indefinitely until canceled.
   
   Make Me Modern will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with your account. If you do not wish for any service to automatically renew, you may elect to cancel that service, in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your Services before that date. Any Services must be canceled prior to their renewal date(s) in order to avoid automatic renewals. Renewal dates take effect at midnight, EST.
   
   If the customer's payment card is determined to be expired, invalid, or otherwise not able to be charged, the customer agrees that Make Me Modern may use other payment methods linked to the customer's bank account (such as new credit card credentials from your card issuer). If any non-refundable charges have already been incurred, they must be paid before the account may be canceled.
   
   You can cancel by accessing the Manage Account panel page.
4. Violations of Make Me Modern's Terms may, at Make Me Modern's discretion, result in immediate and permanent disablement without refund.
5. Disputed charges ("chargebacks") associated with any Make Me Modern account, at Make Me Modern's discretion, may result in immediate and potentially permanent disablement of Services or the full account. Each rejected charge will incur a $50 fee on the account which must be paid before any Services may be reactivated.
6. Make Me Modern reserves the right to modify current service plans, fees, and applicable charges at any time. Services that involve outdated or unsupported features may incur additional maintenance fees. In such situations, Make Me Modern will provide notice to Customer, and will allow Customer to cancel the Services without incurring additional change fees, but no refund will be payable for any fees previously assessed.
7. Make Me Modern will use commercially reasonable efforts to make Website Hosting available 99.9% of the time during each monthly billing cycle. If Make Me Modern is unable to meet this service level, you will be eligible to receive a credit to apply to future Website Hosting billing cycles based upon the Unavailability for that month.
1. For the purposes of this agreement, Unavailability means that either (a) the Website Hosting service is unresponsive, or (b) Website Hosting returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
2. Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
3. Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
4. Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.

Taxes

1. Make Me Modern shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Make Me Modern Web Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

1. Customer will provide Make Me Modern with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Make Me Modern. Make Me Modern shall make no effort to validate this information for content, correctness or usability. Customer agrees that it is not the responsibility of Make Me Modern to provide Customer Support outside of the defined service of Make Me Modern.
2. Make Me Modern will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
3. Make Me Modern reserves the right to police its network to verify compliance with all agreed upon Terms.
4. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
5. Make Me Modern reserves the right to disconnect any website or server deemed to present a security threat to Make Me Modern's customers, servers, or network.
6. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Make Me Modern is grounds for termination of all Services.
7. Make Me Modern makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Make Me Modern also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Make Me Modern is at the Customer's own risk, and Make Me Modern specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Any mention of connection speeds associated with Make Me Modern's Services represents the maximum achievable speed. Make Me Modern does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection). Make Me Modern expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
8. Make Me Modern specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "server-ready", Make Me Modern may, at its option and at any time, reject this material, including but not limited to after it has been put on Make Me Modern’s servers. Make Me Modern agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Make Me Modern. If the Customer fails to modify the material, as directed by Make Me Modern, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

Trademarks & Copyrights

1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.

Hardware, Equipment, & Software

1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Make Me Modern Services.
2. Make Me Modern makes no representations, warranties or assurances that the Customer's equipment will be compatible with Make Me Modern Services.

Guaranteed Uptime

1. Make Me Modern guarantees 99% uptime. A failure to provide 99% uptime will result in customer compensation pursuant to guidelines established herein.
2. Customer is entitled to compensation if Customer's website becomes unusable as a result of failure(s) in Make Me Modern systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
3. Customer will receive Make Me Modern credit equal to the Customer's current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of Customer's next pre-paid hosting renewal fee.
4. Make Me Modern's assessment of downtime begins when Customer opens a support ticket to report the problem.

Age

1. The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

Termination

1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Make Me Modern will accept termination by electronic mail. Notwithstanding the above, Make Me Modern may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Make Me Modern reserves the right to charge a reinstatement fee.

Limited Liability

1. Customer expressly agrees that use of Make Me Modern's Services is at Customer's sole risk. Neither Make Me Modern, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Make Me Modern's Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through Make Me Modern Services, unless otherwise expressly stated in this contract.
2. Under no circumstances, including negligence, shall Make Me Modern, its offices, agents or anyone else involved in creating, producing or distributing Make Me Modern's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Make Me Modern’s Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Make Me Modern’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content utilizing Make Me Modern’s Services.
3. Notwithstanding the above, Customer's exclusive remedies and Make Me Modern’s total liability for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, arising out of or in connection with these Terms or from the use or inability to use the Services, shall not exceed the aggregate amount which Customer paid to Make Me Modern during the six (6) months immediately preceding the claim.

Indemnification

1. Customer agrees that it shall defend, indemnify, save and hold Make Me Modern harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Make Me Modern, its agents, its customers, servants officers and 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. Customer agrees to defend, indemnify and hold harmless Make Me Modern against Liabilities arising out of
1. any injury to person or property caused by any products sold or otherwise distributed in connection with Make Me Modern's Server;
2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement;
4. any defective product which Customer sold on Make Me Modern’s servers.

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Make Me Modern under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Make Me Modern from and against any fines or penalties that may arise as a result of Customer's breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

Other Terms and Policies

Customer agrees to abide by the terms set forth in this Terms of Service as well as other Make Me Modern policy documents including, but not limited to the following, each of which are incorporated herein by reference, and together with the Terms of Service, constitute the entire agreement of the parties:

1. Acceptable Use Policy
2. Anti-Spam Policy
3. Privacy Policy
4. Professional Services Terms

A full list of all policies can be found here: makememodern.com/legal.

Customer also agrees to abide by all applicable terms set forth by all Make Me Modern partners and subsidiaries.

Contract Revisions

As Make Me Modern evolves, we may modify these Terms from time to time to reflect changes in our business. These modifications may include cancellation of outdated products or Services, additional fees, and changes to our policies among others. In some instances, we may provide you with additional notice of updates including but not limited to adding a statement to the website, via the newsletter, or sending you an email notification. However, it is your responsibility to periodically check for the current version of our Terms by visiting this page (and other pages referenced in the Terms).

If you continue to use or access the Services after the effective date set forth above, you agree to be bound by any revised Terms, and all other terms or policies incorporated herein either directly or by reference.

Transfer

Customer may not assign or transfer Customer’s rights or obligations under these Terms without the written consent of Make Me Modern.

Governing Law

The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.