Terms of Service
- If we provide or resell certain services to a subscriber, the subscriber understands and agrees that the subscriber may be bound to additional terms and conditions imposed by applicable third-party resellers or licensors, which are also incorporated herein by reference.
- Any use of our Services constitutes your agreement to abide by the laws of the United States and of the state and country in which you reside, including but not limited to, all intellectual property laws, tariff regulations, export controls, treaties, and International Laws.
- If you do not agree to abide by this TOS, you are prohibited from using Morgan Applied Technologies, LLC Services. This TOS is not a complete representation of all of our policies or the implementation of our polices.
- We may periodically change, modify, or update this TOS without notice to you. Your continued use of Morgan Applied Technologies, LLC Services after we post a changed, modified, or updated TOS serves as your acceptance of those updated polices. Please refer to this TOS regularly.
- This TOS was updated on or about February, 4th, 2018.
Restrictions: You agree that you will not use Morgan Applied Technologies, LLC Services to:
- Violate any applicable state or federal law and regulation, including, but not limited to, any copyright, trademark, patent, anti-piracy, or other intellectual property law or regulation, or encourage or enable others to violate any such law or regulation.
- Transmit, distribute, post, store, or otherwise traffic in information, or materials that is offensive, abusive, inappropriate, malicious, or detrimental, including, but not limited to those that:
- Are pornographic, obscene, fraudulent or discriminatory, including any containing nudity, erotica, profanity, or obscenities.
- Encourage, glorify, or promote illegal activity, violence, cruelty, discrimination, network marketing, or Ponzi-type schemes.
- Exploit children, facilitate phishing, hacking, or identify theft or defame, threaten, harass any person or group or attempt to impersonate the identity of a third party.
- Infringe upon a third party business, contractual, privacy, or fiduciary right.
- Contain malicious code of any type.
- Make or facilitate any form of computer, server, or network attack or disruption.
- Compromise, disrupt, degrade the normal and proper operation of any computer or internet system, including Morgan Applied Technologies systems.
- Violate any part of the Acceptable Use Policy (AUP) or Blogging Acceptable Use Policy (BAUP) as specified in the AUP.
- Send or post any offensive, abusive, inappropriate, malicious, or detrimental e-mails, forum postings, or instant messages, including, but not limited to, any types of spam or mail-bombs.
- You represent and warrant that the account information you provided to Morgan Applied Technologies, LLC to open your Morgan Applied Technologies account, including your name, business name, address, and e-mail address is complete and accurate. In addition, you agree to update your account information no more than fifteen (15) days after any of your account information changes.
- By providing us with your e-mail address, you agree that we may send you service-related or other notices by e-mail rather than by postal mail.
- You agree to maintain the confidentiality of your account, and not to share your account password, security question answers, or any other confidential information about your account with others.
- If you provide us with a business name for your account, we will consider the business to be the owner of the account and may require certain change authorizations from an officer (if a corporation), authorized member (if a limited liability company), partner (if a partnership), or owner (if a sole proprietorship) of the business. If you do not provide us with a business name for your account, we will consider you to be the owner of the account and we may require certain change authorizations from you.
- You understand and agree that (a) Morgan Applied Technologies, LLC or any applicable licensor retains all rights, title, and interest in and to any computer programming, formatting code, operating instructions, or other software used in providing the Services to you (“Programming”) and (b) that you will not reverse engineer, disassemble, decompile, or otherwise attempt to derive any source code of the Programming.
Fees and Billing
- You agree to pay for the Services that you select. The fees may include setup fees, monthly fees, quarterly fees, bi-annual fees, usage fees, web traffic fees, late fees, and other fees.
- Applicable setup fees and the fees due for your first service term (first month, first quarter, or first year, etc.) are both due on your initial services start date. Morgan Applied Technologies, LLC may change the pricing for new Services at any time and for existing services at the beginning of any new billing period.
- Payments must be received on or before the due data to ensure uninterrupted services. Morgan Applied Technologies, LLC may charge your account late fees for overdue payments. In addition, your equipment, domains, web content, or other assets may be retained by Morgan Applied Technologies as collateral for unpaid charges and penalties until such charges and penalties are paid in full.
- You are liable for all unpaid amounts due on your account, eve if your services are terminated or cancelled partway through a billing cycle. Morgan Applied Technologies may use a third-party service to collect unpaid amounts and may charge you attorneys, collection, or other reasonable fees incurred to collect unpaid balances.
- Morgan Applied Technologies will not return to you any fees you pay for Services, except that if you are not satisfied with the shared hosting services or blogging services, Morgan Applied Technologies will refund all fees you paid for these services for the first thirty (30) days after your initial start date of these services.
- If you dispute a charge, you must pay the whole amount to avoid service interruption and notify firstname.lastname@example.org about the disputed amount. If Morgan Applied Technologies validates your claim, your account will be credited with the validated amount.
- You specifically understand and agree that in the event of an incomplete payment or bounced check, you will be responsible for the associated bank fees in regards to the bounced check.
- Charges for bundled Services will be “unbundled” if a portion of the bundle of Services is terminated. For example, if you choose to add a mailing list onto your account and then at a later date choose to remove it, the mailing list will be removed and you will be charged at the time for the previous bundled services.
- You understand and agree that you are responsible for network bandwidth, memory over usage, or other overage charges you incur for using the Services, even if such overages arise due to your failure to protect your password or account privacy.
- Morgan Applied Technologies will not review or accept any billing error claims submitted more than ninety (90) days after disputed charges were incurred
- Morgan Applied Technologies accepts payment by check or money order.
Term and Termination
This TOS will and the agreement governing the specific Morgan Applied Technologies Service you establish will become effective when:
- For Morgan Applied Technologies agreements you physically sign, when you affix your signature and return the executed agreement to Morgan Applied Technologies by fax or postal mail.
- For Morgan Applied Technologies agreements you sign electronically, when the electronic signature process is complete.
- The TOS will remain in effect until termination by either party under its terms. Termination of this TOS will automatically terminate each agreement into which it is incorporated.
- You may terminate this TOS at any time upon thirty (30) days notice to Morgan Applied Technologies. Such notice may be given directly by faxing a Cancellation letter to Morgan Applied Technologies. You understand and agree that except as otherwise set forth in this TOS or any agreement in which it is incorporated, that no refunds or reimbursements, either in full or pro-rata, will be paid to you at any time.
- Morgan Applied Technologies may terminate this TOS at anytime for any reason without compensation to you upon (14) days written notice to the address or e-mail address currently on file with Morgan Applied Technologies, LLC. Also, Morgan Applied Technologies reserves the right to refuse to open a new account for any person or entity.
- Morgan Applied Technologies may terminate this TOS immediately and without notice or obligation to you if (a) payment for Services is not received by the Anniversary Date of the start or last renewal data of your account or (b) we determine, in our sole discretion, that you violated this TOS.
- You understand and agree that upon termination of this TOS that Morgan Applied Technologies has the right to immediately bar your access to or delete any and all content related to your website or account.
IN NO EVENT WILL MORGAN APPLIED TECHNOLOGIES LIABILITY TO YOU IN THE AGGREGATE FOR ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS TOS OR AN AGREEMENT INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO WHICH THIS TOS IS INCORPORATED BE EQUAL TO AN AMOUNT GREATER THAN THE FEES PAID BY YOU TO MORGAN APPLIED TECHNOLOGIES DURING THE ONE (1) CALENDAR MONTH PERIOD PRECEDING THE DATA OF THE EVENT GIVING RISE TO SUCH CLAIM OF LIABILITY.
IN NO EVENT WILL MORGAN APPLIED TECHNOLOGIES, ITS PARENTS, SUBSIDIARIES, AFFILIATE’S, DIRECTORS, OFFICERS, CONTRACTORS, OR EMPLOYEES BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS) ARISING OUT OF, OR IN CONNECTION WITH, THIS TOS OR AN AGREEMENT INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO WHICH THIS TOS IS INCORPORATED WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF MORGAN APPLIED TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. – YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS TOS AND WITHOUT SUCH LIMITATIONS MORGAN APPLIED TECHNOLOGIES WOULD NOT ENTER INTO THIS TOS.
You agree to indemnify, defend by counsel reasonably accepted to Morgan Applied Technologies, and protect and hold Morgan Applied Technologies harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants’ and attorneys’ fees and court costs, demands, causes of action, judgments, etc. directly or indirectly arising out of or related to the Services.
Nothing in this TOS shall be construed as creating a joint venture, partnership, agency, employment, franchise, or other relationship between you and Morgan Applied Technologies. Also, neither party to this TOS shall have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other.
WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE OF ERRORS, BE UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND INDEMNITIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANT ARISING FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY TEMPORARY DELAY, OUTAGE, OR INTERRUPTION OF THE SERVICES, AND YOU HAVE NOT ENTERED INTO THIS TOS IN RELIANCE UPON ANY WARRANT OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. ALL SERVICES PROVIDED UNDER THIS TOS WILL BE DEEMED ACCEPTED WHEN DELIVERED.
- This TOS is the final expression of the agreement between you and Morgan Applied Technologies regarding the Services. This TOS may not be modified or amended, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by you and Morgan Applied Technologies.
- Morgan Applied Technologies waiver of your breach of any portion of this TOS shall not operate or be construed as its waiver of any subsequent breach of the same provision or any other portion of this TOS and no remedy available to Morgan Applied Technologies here-under is exclusive of any other remedy available to Morgan Applied Technologies here-under or otherwise available at law or in equity.
- In any provision of this TOS or its application is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the TOS shall remain in full force and effect enforced to fullest extent consistent with applicable law.
- You agree that you will not solicit Morgan Applied Technologies employees as your employees or contractors. You represent and warrant that you have full power to enter into this TOS and any agreement to which this TOS is incorporated by reference.
- The section headings contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this TOS.
- Morgan Applied Technologies shall not be deemed to be in default of or to have breached any provision of this TOS as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, loss of services due to acts of terrorism, or any other circumstances beyond our reasonable control.
- This TOS shall be binding on you and Morgan Applied Technologies and your or its successors and assigns, and shall be governed by the laws of the state of New Jersey without giving effect to such laws’ provisions regarding conflict of laws. Any action arising out of or related to this TOS shall be brought in the New Jersey State courts located in Warren County, New Jersey, USA. Each party expressly disclaims application of the United Nations Convention on Contracts for International Sale of Goods to this TOS.