1.1. "You(r)" means the company, entity or individual who requests services, or on whose behalf such services or software are requested.
1.2. "Software" means the computer software programs in source code, including all Perl CGI, PHP and HTML code that are provided by MORT Inc.
1.3. "Service(s)" means any services provided by MORT Inc, or arranged by MORT Inc at your request.
2.1. These Terms apply to all services provided by MORT Inc, including, but not limited to, web hosting accounts, other internet accounts, and software sales.
2.1.1. These terms are designed to help protect MORT Inc, our customers, our associates, and the internet community in general from irresponsible or, in some cases, illegal activities.
2.2. You shall not, nor shall you permit or assist others to abuse or fraudulently use MORT Inc products and services.
2.3. In the case of an individual, you warrant that you are at least 18 years of age.
2.3. You agree that You shall provided accurate, current and complete information in the application process and that You will notify MORT Inc within five (5) business days when any of the information You provided changes.
2.3.1 Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by MORT Inc to determine the validity of information provided by You, will constitute a material breach of this Agreement.
2.3.1 If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if MORT Inc has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, MORT Inc has the absolute right, in its sole discretion, to terminate its any and all services.
2.4. MORT Inc reserves the right to refuse services to anyone.
2.5. MORT Inc reserves the right to modify these terms at any time, without notice. It is your responsibility to review this agreement regularly. Continuing to use MORT Inc services upon any change of this agreement will imply your agreement with that change.
3.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
3.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them. For example, by registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions detailed at http://www.nominet.org.uk/nominet-terms.html.
3.3. Domain Contacts, domains have 4 contacts associated with them, they are:
3.3.1. Registrant
3.3.1.1 You agree that the information you provide for the registrant, shall be true and accurate.
3.3.1.2 The Registrant is the contractual partner of the registrar and thus holds the material rights to the domain.
3.3.1.2 For most registration authorities this can be either an organisation or an individual (private person).
3.3.1.3 In case of an organization its complete name as well as its complete postal address are required for the registration process. The legal status, if available, must be provided too.
3.3.1.4 If the domain holder is a private person the complete name and the complete postal address are requested.
3.3.1.5 You agree that MORT Inc shall be listed as the email contact for the Registrant.
3.3.2. Administrative
3.3.2.1 The Administrative Contact (Admin Contact) is the natural person appointed by the Domain Holder to act as his/her authorized representative and who also has the authority and duty to take binding decisions in all matters concerning the domain and who is thus the official domain contact.
3.3.2.2 You agree that MORT Inc shall be listed as the Administrative contact.
3.3.3. Tecnical
3.3.3.1 The Technical contact takes care for the technical issues of the domain, which especially includes the operation of the domain name servers that are hosting the domain.
3.3.3.2 You agree that MORT Inc shall be listed as the Tecnical contact.
3.3.4. Billing
3.3.4.1 The Billing contact is responsible for paying fees as applicable either to the appropriate registry or intermidiate organisation.
3.3.4.2 You agree that MORT Inc shall be listed as the Billing contact.
3.4. You shall have no right to bring any claim against us in respect of refusal to register a domain name.
3.5. Any administration charge paid by you to us shall be nonrefundable notwithstanding refusal by the Registry to register your desired name.
3.6. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
3.7. We shall not release any domain to another provider unless full payment for that domain has been received by us.
4.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
4.2. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
4.2.1. you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
4.2.2. you will not upload, post, link to or transmit:
(a) any material which is slanderous, trade libelous, threatening or harassing.
(b) any material which is discriminatory based on gender, race, age or promotes hate violate.
(c) any material which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, profane or otherwise objectionable in any way.
(d) any material containing a virus or other hostile computer program.
(e) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
4.2.3. you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
4.2.3. any file you store on the Server will be reachable via a hyperlink from a page on your site.
4.3. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden.
4.4. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work, or have express permision from the creator and copyright owner of the work.
4.5. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
4.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
4.7. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
4.8. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.
5.1. Because the Internet is a global communication tool, it is difficult to dictate what is considered 'adult content'. However, it is not our function to discriminate against those who choose to utilize adult content or adult related material.
5.1.1. This being said, there are still several reasons why MORT Inc has been forced to create its no adult sites policy for its standard users, including but not limited to direct customers, resellers and resold accounts.
5.1.2. What MORT Inc considers 'Adult Content'
(a) Any site whose revenue is gained in part or whole from its adult content.
(b) Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
(c) Hyperlinks to adult sites, including but not limited to sites who violate these policies.
(d) Sites that have discussion boards and share information that is 'adult' in nature.
(e) Sites that sell or promote 'adult' material, including but not limited to adult toys.
5.1.3. MORT Inc reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order. Please email
sales@mortinc.com
for review of your content and/or site.
5.2. MORT Inc will host sites containing adult content only on dedicated servers, or by prior arrangement.
5.2.1. Adult sites will always be hosted seperately to non Adult sites.
6.1. You will not employ programs which consume excessive system resources, including but not limited to processor cycles, memory or storage space.
6.2. IRC and web proxy scripts are not allowed on our network under any circumstances.
6.3. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum.
6.4. MORT Inc usually does not allow you to install your own chat rooms, as these tend to be a large drain on system resources. CGI Chat rooms are absolutely prohibited in all situations. Should you require a chat room, it must be in the JAVA language.
6.5. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
6.6. MORT Inc may allow programs to run continually in the background. These are considered on a case-by-case basis.
7.1. All rights to material supplied by MORT Inc for use in your website remain with MORT Inc.
7.1.1. You may:
(a) reproduce the material as reasonably necessary for backup purposes, provided that you reproduce, unaltered, all proprietary notices on or in the copy.
7.1.2. You may not, and may not permit others to:
(a) reproduce the material except as outlined in 7.1.1.
(b) Create derivative works of or otherwise alter, adapt, modify or translate the material in any way for any purpose without prior written permission from MORT Inc.
8.1. Where software is supplied, it is provided on an "as is" basis. MORT Inc grants you a limited, non-excusive, non-transferable license under MORT Inc copyrights, to download, install and use the software and any revisions thereto made available by MORT Inc according to the terms set forth below.
8.1.1. You may:
(a) use the software solely for use for one business and may install the software for operation on one domain. In the case of bulk licensing, operation on multiple domains is limited to the agreed number of licenses.
(b) Reproduce the software as reasonably necessary for backup purposes, provided that you reproduce, unaltered, all proprietary notices on or in the copy.
8.1.2. You may not, and may not permit others to:
(a) use the software for the purposes of product development or commercialisation for internal or external use without prior written permission from MORT Inc.
(b) reproduce the software except as permitted above.
(c) Create derivative works of or otherwise alter, adapt, modify or translate the software in any way for any purpose without prior written permission from MORT Inc.
(d) Distribute, deploy, provide copies of, rent, loan, lease, transfer, or grant any rights in the software or derivative works thereof in any form to any person.
8.2. This license is not a sale. Title, copyrights, and all other rights to the software and any copy made by you remain with MORT Inc.
8.2.1. Unauthorized use, reproduction or distribution of the software or any other failure to comply with MORT Inc' terms and conditions will result in automatic termination of this licence, and will make available to MORT Inc other legal remedies.
9.1. Mort Inc products and services do not extend to any other person, corporation, or entity. Login names and passwords are not to be shared with outside parties.
10.1. Hosting and domain name registrations are on a prepay basis.
10.2. Payment is due each anniversary year or month following the date the account was established.
10.3. Software licences are purchased in full before the software is supplied.
10.4. Website design is paid for in two parts; the basic package is prepaid, and any work undertaken in addition to the basic package is paid for on completion.
10.5. Payment is due by the specified due date
10.5.1. If payment is not received by the specified due date, MORT Inc shall be entitled to immediately suspend any or all services, until such time as payment has been received.
10.5.2. If payment is not received 5 days after the specified payment due date, you shall be considered in breach of these terms, and MORT Inc shall be entitled to immediately terminate any or all services for your failure to make timely payments.
10.6. Although MORT Inc reserves the right to change prices at any time, all, pricing is guaranteed for the period of prepayment.
10.7. You will be automatically charged again at the end of your prepaid period as aplicable, unless closure notification has already been given.
10.8. Usually no bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email.
10.9. You may request that a copy of the invoice is sent to you by mail.
10.10. All payment is in UK sterling, unless previously agreed.
10.11. When paying by cheque hosting must be paid for annually, unless previously agreed. MORT Inc cannot guarantee that a service will be provided until after any received cheques have cleared.
11.1. Any attempt to violate the security, stability or integrity of MORT Inc services is strictly prohibited, and will result in the immediate termination of services.
11.2. If you have any further queries regarding security please email MORT Inc at
security@mortinc.com
12.1. We endeavour to respond to all complaints within five working days - although usually response is much quicker. If you are unhappy with any service provide by MORT Inc please contact us immediately either by phone, or email
complaints@mortinc.com
13.1. We shall be entitled to suspend any or all services and/or terminate this Agreement forthwith without notice to you If you:
13.1.1. fail to pay any sums due to us as they fall due.
13.1.2. break any of these terms and conditions.
13.1.3. are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver, suffer or make any winding up petition, make an arrangement with your creditors or suffer or file any similar action in any jurisdiction in consequence of debt.
13.2. No refunds will be made under any circumstances for services suspended in accordance with 13.1
13.3. MORT Inc reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon remaining period of prepaid services.
13.4. Upon cancellation for any reason, you will destroy all copies of software provided by or through MORT Inc. Any use of the software or services after cancellation is unlawful.
13.5. During the first 7 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services.
13.6. Domain name registration fees, charges for additional data transfer, setup fees and charges for optional extras added to your account are not refundable.
13.7. You will not be entitled to a refund on the basis of 13.5 if you have previously held an account with MORT Inc.
13.8. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
13.9. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
13.10. Upon Cancellation, you shall be responsible for any outstanding fees owed to MORT Inc and agree to pay any and all fees incurred.
13.11. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 working days of receipt of your request.
13.11.1 Where it has been arranged for clients to be invoiced in advance of the due date, the client must request cancelation prior to the issuing of the invoice.
14.1. Upon hosting account termination MORT Inc may at our descresion maintain an archival copy of your web site for twenty eight days.
14.2. You may request that an account be reinstated within twenty eight days of termination.
14.2.1 You shall pay a reinstatement fee of £50.00 per account, prior to any reinstatement.
14.2.2 Once the reinstatement fee, and all other appropriate fee's have been paid, your account will be reistated within fourty eight business hours.
15.1. You agree that you shall defend, indemnify, save and hold MORT Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MORT Inc, 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, its agents, employees or assigns. You agree to defend, indemnify and hold harmless MORT Inc against liabilities arising out of but not limited to:
(a) any injury to person or property caused by any products sold or otherwise distributed in connection with MORT Inc.
(b) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(c) copyright infringement.
(d) loss of profits, loss of contracts, cost of procurement of substitute products or any other direct, special, incidental, punitive, consequential or indirect damages, losses, costs or expenses of any kind arising from the supply or use of software or services, however caused and on any theory of liability (including without limitation negligence). This limitation will apply even if MORT Inc or an authorized distributor has been advised of their possibility.
15.2. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
15.3. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
16.1. MORT Inc's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of MORT Inc's right to subsequently enforce such provision or any other provisions under this Agreement.
17.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
18.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
19.1. This agreement supersedes any written, electronic, or oral communication you may have had with MORT Inc or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
19.2. By continuing to use the services provided by MORT Inc you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
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