Hosting Terms of Service and Acceptable Use Policy

PLEASE READ THIS AGREEMENT CAREFULLY. BY SELECTING THE "I AGREE TO THE TOS" IN THE HOSTING ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING MORSE MEDIA'S ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Please print for your records.

Billing:
At this time we bill monthly, bi-annually or annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund. We accept payment through PayPal (you may use a credit card as payment source). We also accept MasterCard or Visa. You may also mail in you payment. Please note that we will setup your account and email your login information upon receipt of payment.

Returned checks will be assessed a $30.00 charge.

Non-U.S. Clients:
Non-U.S. clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. However, if you would like to pay some other way, please let us know and we will do our best to accommodate you. Please make payments in United States Dollars (USD) There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments:
All accounts are billed according to the dates they were first activated. Net amount is due within 14 days of receipt of notice of the invoice. Invoice notices are sent by email to the address the customer provided upon signing up for an account. The customer is responsible for keeping that email address current. Customer agrees to pay a $15.00 (fifteen dollar) late fee if customer's account or accounts become more than ten (15) calendar days overdue. Fees for renewal periods after the Initial Term shall become due on the first day of such renewal period.

In the event an invoice remains unpaid 15 (fifteen) days beyond the due date, the account will automatically be suspended. A suspended account means the web site will no longer be publicly available and any domain based email will no longer be delivered. For an account to be reinstated, cusotmer must pay the full amount of the invoice owed, plus the late fee of $15.00 (fifteen dollars).

In addition, in the event that any amount due Morse Media remains unpaid thirty (30) days after such payment is due, Morse Media, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend services. Customer agrees that Morse Media may charge a $40.00 (forty dollar) fee to reinstate accounts that have been terminated or suspended.

Bandwidth and Disk Usage:
Customer agrees that Morse Media will monitor and meter customer's bandwidth and disk usage and in the event that customer exceeds the bandwidth or disk usage Morse Media may take corrective action which may, at Morse Media's sole discretion, include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. On setting up your hosting account be sure to enter a valid contact email in your control panel so you will receive warnings of disk or bandwidth limits.

Privacy:
When signing up for service we collect basic information such as your IP address, email address, name, phone number and mailing address. This information is for internal use only and will not be provided to any other organization except in the event of the transfer of ownership of the hosting service as a whole.

Backup:
Morse Media provides daily back ups of all data. However, we strongly recommended that each customer take responsibility for backing up their own data as we cannot guarantee a total site restoration in the case of a major hardware failure. Backups can be managed through your control panel.

Third Party Software:
Our servers offer a control panel system provided by Cpanel: http://cpanel.net. Included with Cpanel are many third party software packages including Mailman, PHPBB, Cgieemail and many more. Morse Media does not guarantee the functionality of any of thes packages, though they have all been tested extensively by Cpanel before being included. Morse Media also cannot provide support for each program. We will, however, try to offer basic help where we can. Beyond that, each application has its own web site and network of support for more in-depth issues. Also, be aware that often the versions supplied by the control panel system are often not the latest release of the software package.

Acceptable Use Policy:
All services provided by Morse Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The customer agrees to indemnify and hold harmless Morse Media and its employees from any claims resulting from the use of the service which damages the customer or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Morse Media servers This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Morse Media reserves the right to determine what is and what isn't acceptable for our servers.

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. customer further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality in any form, including, but not limited to, the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (except for MySql version)

Background Running Programs:
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.

Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.

Server Abuse:
Any attempts to undermine or cause harm to a server is strictly prohibited. Any such abuse will be cause for immediate cancellation of the customer's account.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Morse Media and it's associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Morse Media (), its agents, its customers, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Morse Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Morse Media servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Accounts Reinstatement: Accounts and domains deleted due to violation of our acceptable use policy cannot be reinstated. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Limitation of Liability:
Morse Media shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Morse Media servers going off-line or being unavailable for any reason whatsoever. Furthermore, Morse Media shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Morse Media servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@morsemedi.... All complaints will be investigated promptly.

Disclaimer:
Morse Media cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits which a customer would have gained if their site was functioning. Certain services provided by Morse Media may be resold. Thus, certain equipment, routing, software, and programming used by Morse Media are not directly owned or written by Morse Media. Moreover, Morse Media holds no responsibility for the use of our customer's accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Morse Media sees fit. FURTHERMORE, Morse Media retains the right to change any or all of the above policies in this agreement at any time.

Customer hereby represents that he or she is an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.