{"id":1109,"date":"2018-10-21T14:19:48","date_gmt":"2018-10-21T14:19:48","guid":{"rendered":"https:\/\/morthub.com\/stage\/?page_id=1109"},"modified":"2020-06-02T23:59:07","modified_gmt":"2020-06-02T23:59:07","slug":"tos","status":"publish","type":"page","link":"https:\/\/morthub.com\/stage\/tos\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"\n\t

Terms of Service<\/strong><\/h1>\n

These Terms of Service (the \u201cAgreement\u201d) are an agreement between MortHub (\u201cMortHub\u201d or \u201cus\u201d or \u201cour\u201d) and you (\u201cUser\u201d or \u201cyou\u201d or \u201cyour\u201d). This Agreement sets forth the general terms and conditions of your use of the products and services made available by MortHub and of the MortHub.com website (collectively, the \u201cServices\u201d). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.<\/p>\n

Additional Policies and Agreements<\/strong><\/h3>\n
    \n
  1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.<\/li>\n
  2. Privacy Policy<\/a><\/li>\n<\/ol>\n

    Account Eligibility<\/strong><\/h3>\n

    By registering for or using the Services, you warrant that;<\/p>\n

      \n
    • You are 18 years of age or older. The Services are intended solely for Users who are 18 years of age or older.\u00a0 Any registration, use of, or access to the Services, by anyone under the age of 18 is strictly unauthorized and is a violation to this Agreement.<\/li>\n
    • If you use the Services on behalf of another party you agree that you are authorized to bind the other party to this Agreement and to act on such for the other party\u2019s behalf.<\/li>\n<\/ul>\n
        \n
      1. It is your responsibility to provide accurate, current, and complete information on registration forms and any communication to MortHub.<\/li>\n
      2. You agree to be fully responsible for all use of your account and for any actions that take place through your account.<\/li>\n
      3. The Service and any data you provide to MortHub are hosted in the United States of America. You comply that our collection, use, storage and sharing of your information and content is subject to the laws of the United States of America, and not necessarily of the jurisdiction in which you are located.<\/li>\n<\/ol>\n

        MortHub Content<\/strong><\/h3>\n

        MortHub exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through MortHub\u2019s computers, network hubs and points of presence or the Internet.\u00a0 MortHub does not monitor User Content.\u00a0 However, you acknowledge and agree that MortHub may, but holds no obligation to, immediately take any corrective action in MortHub\u2019s sole discretion, including without limitation or removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement.\u00a0 You herby agree that MortHub shall have no liability due to any corrective action that MortHub may take.<\/p>\n

        Account Security and MortHub Systems<\/strong><\/h3>\n

        It is your responsibility to ensure that scripts\/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method.\u00a0 Set permissions as restrictive as possible.\u00a0 Users are ultimately responsible for all actions taken under their account.\u00a0 This includes the compromise of credentials such as user name and password.\u00a0 You are required to use a secure password.\u00a0 If a weak password is used and detected, your account may be suspended until you agree to use a more secure password.<\/p>\n

          \n
        1. Any account which causes us to receive an abuse report may be terminated and\/or have access to services suspended. If you do not remove malicious content from your account after being notified by MortHub of an issue, we reserve the right to leave access to services disabled.<\/li>\n
        2. MortHub reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.<\/li>\n<\/ol>\n

          HIPAA<\/strong><\/h3>\n

          You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data.\u00a0 You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children, medical, or health information.\u00a0 MortHub does not control or monitor the information or data you store, or transmit through our Services.\u00a0 We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (\u201cHIPPA\u201d).\u00a0 MortHub is NOT HIPPA compliant.<\/p>\n

          Compatibility with Services<\/strong><\/h3>\n

          You agree to cooperate fully with MortHub in connection with MortHub\u2019s provision of Services.\u00a0 It is solely your responsibility to provide any equipment or software that may be necessary for your use of Services.\u00a0 To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, MortHub is not responsible for any delays due to your failure to timely perform your obligations.<\/p>\n

            \n
          1. You are responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by MortHub to provide the Services, which may be changed by MortHub from time to time in our sole discretion, without notice.<\/li>\n
          2. You are responsible for backing-up all User Content, including but not limited to, any User Websites and Databases. MortHub does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.\u00a0 You are ultimately responsible for backing up your data.<\/li>\n<\/ol>\n

            Billing and Payment Info<\/strong><\/h3>\n

            You are responsible to ensure that your payment information is up-to-date, and that all invoices are paid on time.\u00a0 You agree to pay for the Services in advance of the time period during which such Services are provided.\u00a0 Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.<\/p>\n

              \n
            1. Auto renewals <\/strong>\u2013 Unless otherwise provided, you agree that until and unless you notify MortHub of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing info on file with us.<\/li>\n
            2. Late Payment \u2013 <\/strong>All invoices must be paid within 10 days of the invoice due date. Any invoice that is outstanding for more than 10 days may result in the suspension or termination of Services or late fees.\u00a0 Access to the account will not be restored until payment has been received.\u00a0 If you fail to pay the fees as specified, MortHub may suspend or terminate your account and pursue the collection costs incurred by MortHub, including without limitation, any arbitration and legal fees, and reasonable attorney fees.\u00a0 MortHub will not activate new orders or activate new packages for customers who have an outstanding balance on their account.<\/li>\n
            3. Web Hosting Fees<\/strong> - A 10% web hosting late fee will be automatically be assessed if a payment is not received within 20 days of the invoice due date.\u00a0 Automatic suspension will occur if payment hasn't been received 30 days after the payment due date.\u00a0 Services will be automatically unsuspended as soon as payment is received.<\/li>\n
            4. Other Late Fees<\/strong> -If payment is not received 10 or more days after the payment due date, a late fee for invoices totaling $100 or more may be charged a 1.5% late fee.\u00a0 For invoices under $100 they may be charged a late fee of 10%.A project may be put on hold if feedback is not received within 15 days after the date that it\u2019s requested. \u00a0MortHub reserves the right to charge a hold fee in any amount up to $300 or 5% of the total project amount, whichever is less.<\/li>\n
            5. Fraud \u2013 <\/strong>It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, EFTs, checks, or any other payment method. MortHub may report any such misuse or fraudulent use, as determined in MortHub discretion, to law enforcement authorities, credit reporting services, financial institutions and or credit card companies.<\/li>\n
            6. Invoice Disputes \u2013 <\/strong>You have 45 days to dispute any charges or payment processed by MortHub. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.\u00a0 Disputes must be handled internally by MortHub.\u00a0 Any chargeback or dispute filed against MortHub from a credit card company or financial institution may result in a suspension or termination of services.<\/li>\n
            7. Currencies \u2013 <\/strong>All payments are priced in United States Dollars. MortHub only accepts United States Dollars currency.<\/li>\n
            8. Price Change - <\/strong>MortHub reserves the right to change prices or any other charges at any time.\u00a0 We will provide you with at least 28 days notice before charging you with any price change on any annual or longer term plans.\u00a0 It is your sole responsibility to periodically review billing info provided by MortHub through the Client Portal or other methods of communication, including notices sent or posted by MortHub.<\/li>\n<\/ol>\n
              Credit Card Payments<\/h5>\n

              MortHub will allow you to submit payment for services directly via credit card on our website through payment providers such as Stripe or similar companies.\u00a0 By using or saving a credit card in our billing system, you agree to allow us to use external services to process your payment, automatically or not, and you also give MortHub explicit permission to charge any saved card for services that are expired or in a past due\/late status.<\/p>\n

              Refunds<\/strong><\/h3>\n

              Certain items cannot be returned or refunded due to their nature.\u00a0\u00a0MortHub does not offer any trial periods for services.\u00a0 All sales are final and no refunds will be provided.<\/p>\n

              Cancellations<\/strong><\/h3>\n

              You may terminate or cancel Services by providing MortHub written notice\u00a0or via email.\u00a0 In such event; you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation or if under an agreement with a cancellation section, you shall be obligated to pay the agreed amount.\u00a0 Cancellation requests must be submitted prior to 72 hours of the Service invoice due date.<\/p>\n

              Confidentiality<\/strong><\/h3>\n

              MortHub acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data<\/p>\n

              Domains<\/strong><\/h3>\n

              MortHub is partnered with the Enom, LLC registrar of Domain Names to reseller Domain Name services to clients.\u00a0 MortHub will obey Enom, LLC partnership program Terms and Conditions when it comes to any resold services powered by Enom, LLC.<\/p>\n

              Termination<\/strong><\/h3>\n

              MortHub may terminate your access to Services or Account, in whole or in part, without notice in the event that; a) you fail to pay any fees due, b) you violate this Agreement, c) your conduct may harm MortHub or others or cause MortHub or others to incur liability, as determined by MortHub in our sole discretion.<\/p>\n

              Upon termination of the Services for any reason, User Content, User Websites, and Other Data will be deleted and any site backups will not be provided.<\/p>\n

              Disk Space and Bandwidth<\/strong><\/h3>\n

              All use of hosting space provided by MortHub is subject to the terms of this Agreement.\u00a0 Shared hosting space may only be used for web files and email.\u00a0 Each hosting package has specific measures of maximum storage and transfer limitations.\u00a0 Services may be suspended or terminated if disk space or allotted bandwidth for your package reaches 90% of your packages maximum limitation and will remain suspended or terminated until you take corrective action to lessening the workload of your hosting package.\u00a0 MortHub reserves the right to make any desired changes to hosting packages and limitations.<\/p>\n

              Limitation of Liability<\/strong><\/h3>\n

              In no event will MortHub, its owners, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if MortHub is aware or has been advised of the possibility of such damages.\u00a0 Notwithstanding anything to the contrary contained herein, MortHub's liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to MortHub for the services in the 3 months prior to the initial action giving rise to liability.\u00a0 This is an aggregate limit.\u00a0 The existence of more than one claim hereunder will not increase this limit.<\/p>\n

              Indemnification<\/strong><\/h3>\n

              You agree to indemnify, defend and hold harmless MortHub, our affiliates, and their respective owners, employees or agents (each an \u201cIndemnified Party\u201d and, collectively, the \u201cIndemnified Parties\u201d) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney\u2019s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to 1) your use of the Services, 2) any breach or violation by you of this Agreement; or 3) any acts or omissions by you.\u00a0 The terms of this section shall survive any termination of this Agreement.<\/p>\n

              Independent Contractor<\/strong><\/h3>\n

              MortHub and User are independent contractors and nothing contained in this Agreement places MortHub and User in the relationship of principal and agent, partners or joint ventures.\u00a0 Neither party has, expressly or by implication, or may represent itself as having, or to obligate or bind the other party in any manner whatsoever.<\/p>\n

              Governing Law; Jurisdiction<\/strong><\/h3>\n

              Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Commonwealth of Pennsylvania.<\/p>\n

              Disclaimer<\/strong><\/h3>\n

              MortHub shall not be responsible for any damages your business may suffer.\u00a0 MortHub makes no warranties of any kind, expressed or implied for the Services.\u00a0 MortHub disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by MortHub or our employees.<\/p>\n

              Malicious Events<\/strong><\/h3>\n

              MortHub shall not be held liable for any site hacks or malicious attempts to gain access to your website or services provided by MortHub.\u00a0 You should maintain secure logins for all MortHub services to help prevent unauthorized access.<\/p>\n

              In the event your site is hacked or tampered with, you agree to notify MortHub, who will then assess the situation and can present you with options for removal or resolution.\u00a0 Security monitoring packages are available upon request that include handling these types of attacks.<\/p>\n

              Premium Plugins<\/strong><\/h3>\n

              MortHub will often use premium plugins with client websites that can only be used with our current clients.\u00a0 If for any reason you decide to move your website to a different company, MortHub reserves the right to revoke access to the use of these premium plugins, without notice.<\/p>\n

              Email Support<\/strong><\/h3>\n

              MortHub hosting may allow for the setup and use of email accounts using our services.\u00a0 MortHub however does not provide any support for email hosted on our web server and using it is at your own risk.\u00a0 MortHub can, however, help you set up Google G-Suite or Microsoft 365 email accounts; which is the current industry standard that we recommend.<\/p>\n

              Data Loss & Backups<\/strong><\/h3>\n

              Your use of the Services is at your sole risk.\u00a0 MortHub does not guarantee data backups for User retrieval.\u00a0 Users are responsible for backing-up their own data.\u00a0 The only exception to this is if you are paying for an additional backup service along with your hosting package.<\/p>\n

              Law Enforcement Disclosure<\/strong><\/h3>\n

              MortHub may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies.\u00a0 We cooperate fully with law enforcement agencies.<\/p>\n

              Changes to Agreement or Services<\/strong><\/h3>\n

              MortHub may modify, add, or delete portions of this Agreement at any time.\u00a0 Any revisions to this Agreement will become effective when posted unless otherwise stated.\u00a0 You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.\u00a0 MortHub reserves the right to modify, change, or discontinue any aspect of the Services at any time.<\/p>\n","protected":false},"excerpt":{"rendered":"

              Terms of Service These Terms of Service (the \u201cAgreement\u201d) are an agreement between MortHub (\u201cMortHub\u201d or \u201cus\u201d or \u201cour\u201d) and you (\u201cUser\u201d or \u201cyou\u201d or \u201cyour\u201d). This Agreement sets forth the general terms and conditions of your use of the products and services made available by MortHub and of the MortHub.com website (collectively, the \u201cServices\u201d). […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1109","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/morthub.com\/stage\/wp-json\/wp\/v2\/pages\/1109","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/morthub.com\/stage\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/morthub.com\/stage\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/morthub.com\/stage\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/morthub.com\/stage\/wp-json\/wp\/v2\/comments?post=1109"}],"version-history":[{"count":29,"href":"https:\/\/morthub.com\/stage\/wp-json\/wp\/v2\/pages\/1109\/revisions"}],"predecessor-version":[{"id":2100,"href":"https:\/\/morthub.com\/stage\/wp-json\/wp\/v2\/pages\/1109\/revisions\/2100"}],"wp:attachment":[{"href":"https:\/\/morthub.com\/stage\/wp-json\/wp\/v2\/media?parent=1109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}