Acceptable Use Policy (AUP)
Hosting is a hosting service provided by Morgansoft Ltd. Morgansoft Ltd is a UK
based company providing Internet World Wide Web page hosting, Marketing, and
Development. Morgansoft Ltd has certain legal and ethical responsibilities
consisting with the use of its server and equipment involved in these services.
Morgansoft Ltd general policy is to act as a provider of Internet presence.
Morgansoft Ltd reserves the right to suspend or cancel a customer's access to
any or all services provided by Morgansoft Ltd when we decide that the account
has been inappropriately used.
Any attempt to undermine or cause harm to a server, or customer, of Morgansoft
is strictly prohibited.
Unauthorised use of other people's accounts or computers Morgansoft Ltd will
strongly react to any use or attempted use of an Internet account or computer
without the owner's authorisation. Such attempts include "Internet scamming"
(tricking other people into releasing their passwords), password robbery,
security hole scanning etc.
Any unauthorised use of accounts or computers by a Morgansoft Ltd customer,
whether or not the attacked account or computer belongs to Morgansoft Ltd ,
will result in action against the attacker. Possible actions include warnings,
account suspension or cancellation, and civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT NOTE - Morgansoft Ltd has the right to discontinue service, or deny
access to anyone who violates our Policies or the terms and conditions shown
below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if
account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses
also include, but are NOT limited to: Bulk emailing, unsolicited emailings,
newsgroup spamming, pornographic content, illegal content, copyright
infringement, trademark infringement, warez, cracks, software serial numbers,
and/or anything else determined by Morgansoft Ltd to be unacceptable use of
Morgansoft Ltd 's services including abuse of server resources.
Shared hosting accounts may be terminated that include the following content or
which have links to the following content: Providing material that is grossly
offensive to the Web community including blatant expressions of bigotry,
racism, hatred, or profanity Promoting or providing instructional information
about illegal activities, or promoting physical harm or injury against any
group or individual Displaying material containing obscene nudity or
pornographic material (not applicable to managed dedicated servers) Displaying
material that exploits children under 18 years of age Acts of copyright
infringement including offering pirated computer programs or links to such
programs, information used to circumvent manufacturer-installed copy-protect
devices, including serial or registration numbers for software programs, or any
type of cracker utilities
Morgansoft Ltd 's customers are privileged to be offered unlimited traffic for
their web sites. The intention of Morgansoft Ltd is to provide a large space to
serve web documents, not an off site storage area for electronic files. All
(90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.)
stored on Morgansoft Ltd 's server. Web sites that are found to contain
either/or no html documents, a large number of unlinked files are subject to
warning, suspension or cancellation at the discretion of Morgansoft management.
Any customer who violates Morgansoft Ltd 's Policies in abusing either
space/site transfer will be notified and given 2 days to remedy the problem. If
the problem is not resolved within the allotted period, the client will be
billed for the overages.
of Unlimited Traffic
For those that do not qualify for the unlimited service, traffic will go
unmonitored until you reach the amount of quote allocated to your specific web
hosting plan. Thereafter, normal data transfer cost of £20.00/1GB/month will be
billed to your account. If you want to pre-pay for bandwidth overages, you will
be billed £10.00/1GB/month.
You will have 3 days to pay for your overages. If you do not pay for your
overages your site will be disabled within 3 days of your first notice. This
does not apply to co-location clients. Co-location clients will be billed for
the overages based on switch reports. Co-location clients must pay for the
overages IMMEDIATELY once billing or Morgansoft Ltd has the sole decision to
deactivate any and all servers.
Morgansoft Ltd will be the sole arbiter as to what constitutes a violation of
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and
will likely result in account cancellation.
Morgansoft Ltd takes a zero-tolerance approach to spam originating from our
servers or for spam advertising of domains hosted on our servers. We will
charge the compromised account up to £50 per unsolicited email message sent.
The following activities are not allowed: Unsolicited bulk or commercial
messages ("spam"). This includes, but is not limited to, bulk mailing of
commercial advertising, informational announcements, charity requests,
petitions for signatures, and political or religious tracts. Such messages may
only be sent to those who have explicitly requested it from your domain.
Forging, altering or removing electronic mail headers is prohibited. Any domain
sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the
intent to disrupt a server or account ("mail bombing"). Spamming Newsgroups:
Commercial advertisements are unwelcome in most Usenet discussion groups and on
most e-mail mailing lists. Inappropriate posting may result in account
cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical and will be treated
as such. Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of messages, is
prohibited. Sending a single unwelcome message may be considered harassment. If
a recipient asks to stop receiving e-mail, you must not send that person any
Note: If you use the services of another provider to promote a web site hosted
by or through Morgansoft Ltd (spamvertising), then the provisions of the above
Policy shall apply as if the spam were sent through our servers.
(1.) Coverage This 100% uptime guarantee applies to any Morgansoft Ltd client
in good financial standing with Morgansoft Ltd at the time of a service outage.
(2.) Service Level Agreement & Specifications Morgansoft Ltd endeavors to
have the content of your web site available for http access by any party in the
world 100% of the time. Network downtime (unavailability) is defined as 100%
packet loss from Morgansoft Ltd to its backbone providers. Downtime is measured
past 10 minutes after notification of network failure via Morgansoft's online
ticketing system. If the ticketing system itself is unreachable, the ticket
must be started by calling the Morgansoft Ltd NOC. Morgansoft's administrators
will determine the end of the downtime by a traceroute to the customer's
machine from outside the Morgansoft Ltd network.
(3.) Credits a. Shared Hosting - In the event that your web site is not
available for less than 100%, Morgansoft Ltd will credit the following month's
service fee as follows. For any shared hosting client, such credit shall be
retroactive and shall be as calculated below and as measured 24 hours a day in
a calendar month, with the maximum credit not to exceed fifty (50) percent of
the monthly service charge for the affected month. Monthly Uptime Credit:
95% to 99.9% your account will be credited 10% of your monthly hosting fee
90% to 94.9% your account will be credited 20% of your monthly hosting fee
89.9% or below your account will be credited 50% of your monthly hosting fee
b. Managed Dedicated Servers - For managed dedicated server customers if the
uptime is between 98.9% and 99.9% for any particular month the credit shall be
retroactive and equivalent to the difference between the guaranteed level of
availability of the customer's services during the month and the calculated
actual level of availability of the customer's services, multiplied by the
actual charges incurred by the customer for the services during that month
period. In addition, for managed dedicated server, customers may be entitled to
additional credits as calculated below and as measured 24-hours a day in a
calendar month, with the maximum credit not to exceed twenty-five percent (25%)
of the monthly service charge for the affected month. Minutes of continuous
downtime Credit 60 10% 5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must request such
credit within seven (7) days after you experienced the down time. You must
request credit by sending an electronic mail message to
[email protected] For security, the body of this message must
contain your account number, the dates and times of the unavailability of your
website, and such other customer identification requested by Morgansoft Ltd .
Credits will usually be applied within sixty (60) days of your credit request.
Credit to your account shall be your sole and exclusive remedy in the event of
(4.) Restrictions Credits shall not be provided to you in the event that you
have any outage resulting from (1.) scheduled maintenance as posted from time
to time at Morgansoft Ltd , (2.) your behavior or the performance or failure of
your equipment, facilities or applications, or (3.) circumstances beyond
Morgansoft Ltd 's reasonable control, including, without limitation, acts of
any governmental body, war, insurrection, sabotage, embargo, fire, flood,
strike or other labor disturbance, interruption of or delay in transportation,
unavailability of interruption or delay in telecommunications or third party
services, including DNS propagation, domain name registration / transfer,
failure of third party software or hardware or inability to obtain raw
materials, supplies, or power used in or equipment needed for provision of your
web site, or (4.) a client breaking any item in Morgansoft Ltd 's "terms of
conditions and acceptable use policy" causing a machine to fail as a result.
Each shared web hosting 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 shared server operation without prior warning. (this
section does not apply to managed dedicated servers)
We do not allow clients to install their own chat rooms within a shared hosting
account, without approving it with the Morgansoft Ltd Support Team. Most chat
rooms tend to be large system hogs and we cannot allow it as an account option.
However, we do provide a choice of Java chat rooms for a small extra charge
that will more than fill your needs and run without hindering the performance
of the machine for others. Note: Parachat chat rooms do not apply to this rule.
They are perfectly fine to install.
We do not allow clients to send more than 2000 pieces of e-mail per day from a
shared hosting account. If you do send more than 2000 pieces of e-mail per day,
your account will be placed on hold for Network Abuse. If you are sending
legitimate e-mails and they total more than 2000 per day your account will be
moved to a special server that is specifically designed to handle high volumes
of e-mail. You will be charged £100.00/month in addition to your regular
hosting charges if your account is moved to this server. Please contact
[email protected] to have your domain moved.
of SMTP Mail Server
We may allow programs to run continually in the background. These are
considered on a one-to-one basis and an extra charge will be incurred based on
system resources used and operational maintenance needed. (this section does
not apply to managed dedicated servers)
We currently do not allow IRC or IRC bots to be operated on our servers. You
can however, install IRC clients on managed dedicated servers. IRC servers are
not permitted on our network.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new
accounts and major account changes and are non-refundable. All pricing is
guaranteed for the term of pre-payment. Morgansoft Ltd reserves the right to
change prices at any time, unless other terms have been agreed upon. Any
account not brought current within a week (7 days) of e-mail notice or
exceeding this time frame in any way is subject to suspension. The customer is
responsible for all money owed on the account from the time it was established
to the time that the customer notifies Morgansoft Ltd at
[email protected] to request for termination of services. All payment
is in U.S. currency. Morgansoft Ltd will bill each client £100 per returned
check, per wire transfer received and per credit card chargeback received. All
Morgansoft Ltd accounts are setup on anniversary billing cycles. Your
particular billing cycle corresponds to the contract length that was initially
chosen at setup. Your account will automatically re! new at this length. There
is no fee to change to a shorter billing cycle at the end of the current cycle.
However, if you wish to change to a shorter billing cycle, during a current
cycle, there will be a £100.00 fee. Please contact the billing department at
[email protected] should you wish to change your anniversay billing
Morgansoft Ltd reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be pro-rated and paid by Morgansoft Ltd if
Morgansoft Ltd institutes it's right of cancellation. Any violation of policies
which results in extra costs will be billed to the customer (i.e. transfer,
All of Morgansoft Ltd 's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given a full refund of
the contract amount excluding setup fees, domain registration fees,
addon/upgrade fees and overages. Setup fees are refundable only if the account
order is canceled prior to account activation. For all web hosting clients who
cancel, the full contract amount less any setup fees and overages will be
refunded if Morgansoft Ltd is notified within the first 30 days following
activation. No refund is available after the 30th day. This policy does not
apply to any additional services such as overages, referrer logs, real
audio/video, additional disk space, additional pop accounts, domain
registration fees etc. Due to security concerns, all account cancellations must
be done via our cancellation forms at [email protected] . Phone or
email requests will not constitute a! cceptance of any cancellation. Refunds
will be made by company check or issued back to your credit card within 30 days
of receipt of cancellation.
Material accessible to you through Morgansoft Ltd 's services may be subject to
protection under the United States or other copyright laws, or laws protecting
trademarks, trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use Morgansoft or its
servers and network in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material, which you access
or receive through the Morgansoft Ltd network. If you use a domain name in
connection with Morgansoft Ltd or similar service, you must not use that domain
name in violation of any trademark, service mark, or similar rights of any
Customers may not use the Morgansoft Ltd network with an attempt to circumvent
user authentication or security of any host, network, or account. This
includes, but is not limited to, accessing data not intended for the customer,
logging into a server or account the customer is not expressly authorised to
access, password cracking, probing the security of other networks in search of
weakness, or violation of any other organisation's security policy. Customers
may not attempt to interfere or deny service to any user, host, or network.
This includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network. Morgansoft will
cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations. Users who violate system
or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance
of your online store and products and all contents and materials appearing
online or on your products, including without limitation (a) the accuracy and
appropriateness of content and materials appearing within the store or related
to your products, (b) ensuring that the content and materials appearing within
the store or related to your products do not violate or infringe upon the
rights of any third party, and (c) ensuring that the content and materials
appearing within the store or related to your products are not libelous or
otherwise illegal. You will be solely responsible for the final calculation and
application of shipping and sales tax. You will also be solely responsible for
accepting, processing, and filling any customer orders, and for handling any
customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers
and related customer information you may access as a result of conducting
electronic commerce transactions through your Web Site. You will keep all such
information confidential and will use the same degree of care and security as
you use with your confidential information.
You expressly (i) grant to Morgansoft Ltd a license to cache the entirety of
your Web Site, including content supplied by third parties, hosted by
Morgansoft under this Agreement and (ii) agree that such caching is not an
infringement of any of your intellectual property rights or any third party's
intellectual property rights.
/ Dynamic Content Caching
Morgansoft Ltd shall maintain and control ownership of all IP numbers and
addresses that may be assigned to you by Morgansoft Ltd and Morgansoft
reserves, in its sole discretion, the right to change or remove any and all
such IP numbers and addresses.
Customer agrees to pay Morgansoft Ltd prior to the effectiveness of the desired
domain name registration, the then-current amounts set forth in the Morgansoft
Ltd price schedule for the initial registration of the domain name and, should
Customer choose to renew the registration, subsequent renewals of the
registration. All fees are non-refundable, in whole or in part, even if
Customer's domain name registration is suspended, cancelled or transferred
prior to the end of Customer's then current registration term. Morgansoft Ltd
reserves the right to change fees, surcharges, renewal fees or to institute new
fees at any time, for any reason, at its sole discretion. Customer's requested
domain name will not be registered unless and until we receive actual payment
of the registration fee, and have confirmed Customer's registration in an email
from Morgansoft Ltd to the email address indicated in Customer's registration
application. In the event of a chargeback by a credit card company (or similar
action! by another payment provider allowed by Morgansoft Ltd ) in connection
with the payments of the registration fee for Customer's domain name
registration, Customer agrees and acknowledges that the domain name
registration shall be transferred to Morgansoft Ltd as the paying entity for
that registration to the registry and that we reserve all rights regarding such
domain name including, without limitation, the right to make the domain name
available to other parties for purchase. Morgansoft Ltd will reinstate
Customer's domain name registration solely at Morgansoft Ltd 's discretion, and
subject to our receipt of the initial registration or renewal fee and our
then-current reinstatement fee.
Morgansoft Ltd reserves the right to refuse service to anyone. Customers may
only use Morgansoft Ltd server for lawful purpose. Transmission of any material
in violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material legally judged
to be threatening or obscene, and material protected by trade secrets. The
designation of any materials as such described above is left entirely to the
discretion of Morgansoft Ltd management. Regardless of the place of signing
this agreement, the client agrees that for purposes of venue this contract was
entered into in Wilmington, Delaware, and any dispute will be litigated or
arbitrated in Wilmington, Delaware. Defendants further waive all objections to
venue and acknowledge that venue in any such litigation will be held in
Delaware courts. IN NO EVENT SHALL Morgansoft Ltd 'S MAXIMUM LIABILITY EXCEED
ONE THOUSAND (£1000.00) POUNDS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Morgansoft Ltd
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Morgansoft Ltd , 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 Morgansoft Ltd AGAINST LIABILITIES ARISING OUT OF;
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH Morgansoft Ltd 'S SERVER; (2) ANY MATERIAL
SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE
PRODUCTS SOLD TO CUSTOMER FROM Morgansoft Ltd 'S SERVER.
Morgansoft Ltd WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. Morgansoft Ltd MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED
FOR SERVICES WE PROVIDE. Morgansoft Ltd DISCLAIMS ANY WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY Morgansoft Ltd AND ITS EMPLOYEES. Morgansoft Ltd
RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS,
RESELLERS AND DEDICATED SERVERS OF Morgansoft Ltd MUST ADHERE TO THE ABOVE
POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
Morgansoft Ltd follows the strict guidelines of our customer
privacy statement. Please make sure you understand this statement fully.