Morcant Technology

1. Introduction

The goal of Morcant Software is to provide the best service possible for an enjoyable Internet experience. This Acceptable Use Policy ("AUP" or "Policy") is designed to keep Morcant Software and the Internet enjoyable and useful for all of our subscribers. Violation of this Policy may result in suspension or cancellation of Morcant Software services. Morcant Software is committed to and supports the free exchange of information and ideas over the Internet. Morcant Software does not actively monitor nor does Morcant Software exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Morcant Software servers. However, Morcant Software reserves sole discretionary rights to remove any materials deemed potentially illegal, harmful to Morcant Software business operations or equipment, or in violation of any part of this AUP or of the standard Morcant Software Internet access Agreement. Use of Morcant Software's servers immediately constitutes acceptance and acknowledgement of this Acceptable Use Policy.

2. Warranties/Disclaimers

Morcant Software Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Morcant Software or any information or software therein. You release Morcant Software from and Morcant Software shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use Morcant Software services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Morcant Software's own negligence. Without limiting the generality of the foregoing, Morcant Software disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Morcant Software services. In no event shall Morcant Software aggregate liability exceed the amount paid by you to Morcant Software for the Morcant Software services. Use of any information obtained via Morcant Software Internet service is at the user's own risk. Morcant Software specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

3. Trademarks & Copyrights

Client warrants that it has the right to use the applicable trademarks, if any, and grants Morcant Software the right to use such trademarks in connection with Morcant Software's service.

4. Etiquette and Policy

     a. The network resources of Morcant Software may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Morcant Software All messages via Morcant Software should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Morcant Software's server for mass e-mail or "spamming" purposes.
     b. Morcant Software may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.
     c. Morcant Software may discontinue servicing any Plan, or may require fulfillment of terms or conditions Morcant Software may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Morcant Software agrees to provide Customer with reasonable notice by Email and fax of any such intent to discontinue or impose certain conditions.
     d. Morcant Software's services may not be used for illegal purposes, or in support of illegal activities. Morcant Software reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
          (i). Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
          (ii). Threatening bodily harm or property damage to individuals or groups.
          (iii). Making fraudulent offers of products, items, or services originating from your account.
          (iv). Attempting to access the accounts of others or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
          (v). Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
          (vi). Forging any message header, in part or whole, of any electronic transmission, originating or passing through Morcant Software services.
          (vii). Distributing viruses to or from Morcant Software systems.

5. Limited Liability

a. Client expressly agrees that use of Morcant Software's Server is at Client's sole risk. Neither Morcant Software, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Morcant Software's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Morcant Software Server service, unless otherwise expressly stated in this Agreement.
b. Under no circumstances, including negligence, shall Morcant Software, its offices, agents or any one else involved in creating, or distributing Morcant Software's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Morcant Software Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Morcant Software's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Morcant Software's Server service.

6. Morcant Software's Right to Change Service

Morcant Software reserves to right to change without notice the Morcant Software service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

7. Morcant Software's Right to Modify its Acceptable Use Policies

Morcant Software may modify its Acceptable Use Policies upon notice published online via Morcant Software. Customer's use of Morcant Software services after such notice shall constitute Customer's acceptance of the modifications to these policies.

8. Indemnification

Client agrees that it shall defend, indemnify, save and hold Morcant Software harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Morcant Software, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Morcant Software against Liabilities arising out of
     a. any injury to person or property caused by any products sold or otherwise distributed in connection with Morcant Software's Server;
     b. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
     c. copyright infringement and
     d. any defective product which Client sold on Morcant Software Server.

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