Terms of Service
These Terms of Service (the “Agreement”) are an agreement between MortHub (“MortHub” or “us” or “our”) and you (“User” or “you” or “your”). 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 “Services”). 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.
Additional Policies and Agreements
- 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.
By registering for or using the Services, you warrant that;
- You are 18 years of age or older. The Services are intended solely for Users who are 18 years of age or older. 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.
- 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’s behalf.
- It is your responsibility to provide accurate, current, and complete information on registration forms and any communication to MortHub.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account.
- 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.
MortHub exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through MortHub’s computers, network hubs and points of presence or the Internet. MortHub does not monitor User Content. However, you acknowledge and agree that MortHub may, but holds no obligation to, immediately take any corrective action in MortHub’s 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. You herby agree that MortHub shall have no liability due to any corrective action that MortHub may take.
Account Security and MortHub Systems
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. Set permissions as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used and detected, your account may be suspended until you agree to use a more secure password.
- 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.
- 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.
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. 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. MortHub does not control or monitor the information or data you store, or transmit through our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPPA”). MortHub is NOT HIPPA compliant.
Compatibility with Services
You agree to cooperate fully with MortHub in connection with MortHub’s provision of Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of Services. 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.
- 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.
- 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. You are ultimately responsible for backing up your data.
Billing and Payment Info
You are responsible to ensure that your payment information is up-to-date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
- Auto renewals – 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.
- Late Payment – 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. Access to the account will not be restored until payment has been received. 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. MortHub will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
- Web Hosting Fees – 10% web hosting late fee will be automatically be assessed if a payment is not received within 10 days of the due date. Automatic suspension will occurs if payment hasn’t been received for 15 days after the due payment date. Services will be automatically unsuspended as soon as payment is received.
- Other Late Fees -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. 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’s requested. MortHub reserves the right to charge a hold fee in any amount up to $300 or 5% of the total project amount, whichever is less.
- Fraud – 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.
- Invoice Disputes – 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. Disputes must be handled internally by MortHub. Any chargeback or dispute filed against MortHub from a credit card company or financial institution may result in a suspension or termination of services.
- Currencies – All payments are priced in United States Dollars. MortHub only accepts United States Dollars currency.
Certain items cannot be returned or refunded due to their nature. MortHub does not offer any trial periods for services. All sales are final and no refunds will be provided.
You may terminate or cancel Services by providing MortHub written notice or via email. 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. Cancellation requests must be submitted prior to 72 hours of the Service invoice due date.
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
MortHub is partnered with the Enom, LLC registrar of Domain Names to reseller Domain Name services to clients. MortHub will obey Enom, LLC partnership program Terms and Conditions when it comes to any resold services powered by Enom, LLC.
MortHub may terminate your access to Services, 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.
Upon termination of the Services for any reason, User Content, User Websites, and Other Data will be deleted.
Disk Space and Bandwidth
All use of hosting space provided by MortHub is subject to the terms of this Agreement. Shared hosting space may only be used for web files and email. Each hosting package has specific measures of maximum storage and transfer limitations. 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. MortHub reserves the right to make any desired changes to hosting packages and limitations.
MortHub reserves the right to change prices or any other charges at any time. We will provide you with at least 28 days notice before charging you with any price change on any annual or longer term plans. 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.
Limitation of Liability
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. 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. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You agree to indemnify, defend and hold harmless MortHub, our affiliates, and their respective owners, employees or agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) 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’s 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. The terms of this section shall survive any termination of this Agreement.
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. 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.
Governing Law; Jurisdiction
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.
MortHub shall not be responsible for any damages your business may suffer. MortHub makes no warranties of any kind, expressed or implied for the Services. 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.
Data Loss & Backups
Your use of the Services is at your sole risk. MortHub does not guarantee data backups for User retrieval. Users are responsible for backing-up their own data.
Law Enforcement Disclosure
MortHub may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
Changes to Agreement or Services
MortHub may modify, add, or delete portions of this Agreement at any time. Any revisions to this Agreement will become effective when posted unless otherwise stated. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. MortHub reserves the right to modify, change, or discontinue any aspect of the Services at any time.