Terms of Service

1. Agreement and acceptance

These Terms of Service (“Terms”) are an agreement between Morpheus Studios Inc., an Alberta corporation (“Morpheus,” “we,” “us”), and the business or person named on the order (“Client,” “you”). They cover all website hosting, email hosting, and domain services we provide (the “Services”).

You accept these Terms by signing or checking the acceptance box on your order, or by replying to our email confirming acceptance. Our Privacy Policy forms part of these Terms.

If you also buy marketing, SEO, or website design services from us, those are covered by a separate service agreement. If that agreement conflicts with these Terms on a hosting matter, these Terms apply.

2. Services and scope

Hosting gives your website a secure, monitored home. It does not include ongoing work on the website itself. Anything outside the list below is billed separately at our current rates or through a maintenance or marketing plan.

Included in hosting	Not included (quoted separately)
cPanel hosting account with the resources of your plan	WordPress core, theme, and plugin updates [unless you’re on a care plan]
Free SSL certificate	Security hardening, malware cleanup, and site repair
Email accounts on your domain	Content edits, new pages, and design changes
Weekly server backups (Section 8)	Restoring from backups more than [2] times per year
Server monitoring and security patching	SEO, analytics, speed optimization, and marketing
Email support for hosting issues within [1] business day	Migrations after the first 30 days, and third-party software support

We provide support Monday to Friday, [9am to 5pm Mountain Time], excluding Alberta statutory holidays. We respond to outages affecting your site as soon as reasonably possible outside those hours.

3. Infrastructure and data location

Your account is hosted on a dedicated server we lease from our data centre partner, Liquid Web, LLC, located in the United States. Your website files, databases, and email are stored on those servers and may be subject to US law, including lawful access requests by US authorities.

Our partner’s acceptable use rules also apply to your account. We may update our infrastructure partner or server location with 30 days’ notice to you.

4. Account ownership, contacts, domains, and licenses

Ownership. The business or person named on the order owns the hosting account, regardless of who pays the invoice. We act only on instructions from the owner or an authorized contact the owner names in writing.

Contact email. You must keep a current contact email on file that is not on the domain we host, so we can reach you if your site or email is down. Notices we send to that address count as delivered.

Domains. You are the registrant and legal owner of any domain we register or manage for you. You are responsible for keeping your domain contact details accurate. We send renewal reminders as a courtesy but are not responsible for a domain that lapses because of outdated contact information or an unpaid renewal invoice. On request, and once your account is paid in full, we will provide the transfer code for your domain.

Your content. You own your website content, files, and data. We claim no rights to them beyond what we need to host and back them up.

Our licenses. Premium themes, plugins, and software licenses we supply under our own accounts (for example, Theme.co Pro) are licensed to Morpheus, not to you. They remain active while you host with us. If you leave, you’ll need to buy your own licenses to keep receiving updates and support.

5. Fees, billing, and price changes

Billing. Services are billed in advance, monthly or annually as shown on your order, and renew automatically until cancelled under Section 11. Fees are charged in Canadian dollars for clients in Canada and US dollars for clients in the United States, as shown on your order and invoices.

Taxes. Fees exclude applicable taxes. Canadian clients are charged GST (and HST or other sales tax where applicable). You are responsible for any taxes or bank fees in your jurisdiction.

Late payment. Invoices are due on receipt. If an invoice is unpaid 10 days after its date, we may charge a $[10] late fee and suspend your services until your account is paid in full. We won’t activate new services while you have an overdue balance.

Domain renewals. Domains are renewed and invoiced 30 days before expiry. Domain registrations and renewals are non-refundable once processed.

Price changes. We may change our fees with at least 30 days’ written notice by email. The new price applies from your next billing period after the notice ends. If you don’t agree, you may cancel before the change takes effect.

6. Acceptable use and resource limits

You may use the Services only for lawful business websites and email. You may not use them to:

• Host or link to illegal content, including anything that sexually exploits minors. We suspend these accounts immediately and report them to law enforcement.
• Infringe copyright, trademarks, or other intellectual property, or sell counterfeit goods.
• Send spam or unsolicited bulk email, use purchased or rented lists, or host sites advertised through spam. Your email marketing must comply with Canada’s Anti-Spam Legislation (CASL) and the US CAN-SPAM Act.
• Distribute malware, run phishing or fraud sites, or attempt unauthorized access to any system.
• Run file-sharing, torrent, streaming, game servers, crypto mining, proxies, or other high-load or unattended server processes.
• Use your account as general file storage or a backup location for data unrelated to your website.
• Resell or sublet hosting to others.

Resource limits. Your plan includes the disk space, bandwidth, and email limits shown on your order. If your site uses resources that affect other clients or the server’s stability, we’ll contact you to resolve it. We may throttle or temporarily suspend the site if the issue is urgent. Persistent overuse may require an upgraded plan.

Enforcement. We may remove content, suspend services, or require changes to bring your account into compliance. Where possible we’ll give you notice and 48 hours to fix the issue first. We act immediately for illegal content, active security threats, or anything that risks our servers being blacklisted. You must respond to abuse notices within 48 hours. We may charge our hourly rate for cleanup or blacklist removal caused by your account.

7. Security and your responsibilities

We keep the server operating system, control panel, and server software patched and monitored. Unless you’re on a maintenance plan that says otherwise, you are responsible for:

• Keeping WordPress, themes, and plugins you install up to date.
• Using strong, unique passwords for cPanel, WordPress, email, and FTP, and keeping them confidential.
• Any activity under your account, including activity by anyone you give access to.
• Complying with privacy laws that apply to data your website collects from your own customers.

If your site is compromised, we may suspend it to protect the server and other clients. We’ll notify you and quote cleanup if you want us to handle it.

8. Backups

Our server is backed up [daily] through our data centre partner’s managed backup service, and we keep 30 days of backups. Backups are for disaster recovery and are not guaranteed to be complete or error-free.

You are responsible for keeping your own current copy of your website and data. We include [2] restores per year at no charge; further restores are billed at our hourly rate.

9. Uptime and service credits

We target 99.9% server availability each calendar month, excluding scheduled maintenance, issues with your own site’s code or plugins, DNS or domain problems outside our control, and events under Section 15 (force majeure).

If availability falls below that target and you request a credit by email within 30 days, we’ll credit your account with [one week / 25% of that month’s hosting fee]. Credits apply to future invoices, are not cash refunds, and are capped at one month’s hosting fee. Service credits are your only remedy for downtime.

10. Copyright and content complaints

US (DMCA). Because our servers are in the United States, we respond to notices under the Digital Millennium Copyright Act. Send notices to our designated agent: [Name], Morpheus Studios Inc., [address], [abuse@morpheus-hosting.com]. We will remove or disable access to material identified in a valid notice, notify the client, and process valid counter-notices as the DMCA requires. We terminate the accounts of repeat infringers.

Canada (notice-and-notice). We forward copyright notices that comply with Canada’s Copyright Act to the affected client and keep the records the Act requires.

Other complaints. We don’t judge disputes between you and third parties, such as defamation claims. We review each complaint and may remove material that clearly violates these Terms or the law. We will always comply with a valid court order.

11. Suspension, cancellation, data retention, and refunds

Cancellation by you. You may cancel any time by emailing [billing@morpheus-hosting.com] from your contact email on file. Cancellation takes effect at the end of your current paid billing period. Services stay active until then.

Suspension or termination by us. We may suspend or terminate services for non-payment, a breach of these Terms, or a security or legal risk. Except where Section 6 allows immediate action, we’ll give you written notice and a chance to fix the problem. We may also end services for any reason with 30 days’ notice and a prorated refund of any prepaid fees.

Your data after services end. After cancellation or termination, we keep your account data for 14 days. During that time, once your account is paid in full, you can request a full backup at no charge. After that period your data is permanently deleted and cannot be recovered.

Refunds. Fees are non-refundable, including for partial months, except where these Terms provide a prorated refund. Domain fees are never refundable once processed.

12. Privacy and law enforcement

We handle your personal information under our Privacy Policy and Alberta’s Personal Information Protection Act. We access data in your account only as needed to provide support, maintain security, or comply with the law.

We disclose account information to law enforcement or government authorities only when required by law, such as a warrant, subpoena, or court order. Where the law allows, we’ll notify you first.

13. Warranty disclaimer and limitation of liability

Disclaimer. The Services are provided “as is” and “as available.” To the extent the law allows, we disclaim all warranties not stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and uninterrupted or error-free service.

Limitation of liability. To the extent the law allows:

1. We are not liable for any indirect, incidental, special, or consequential damages, including lost profits, lost revenue, lost business, or lost or corrupted data, even if we were told they were possible.
2. Our total liability for all claims relating to the Services is limited to the fees you paid us for the Services in the [3] months before the event giving rise to the claim.

These limits reflect the price of the Services and apply regardless of the legal theory of the claim.

14. Indemnification

You will defend and indemnify Morpheus, its directors, and contractors against third-party claims, losses, and reasonable legal fees arising from your website content, your products or services, your breach of these Terms, or your violation of any law or third-party right.

15. Governing law, disputes, and general terms

Governing law and courts. These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. Any dispute will be resolved exclusively in the courts located in Calgary, Alberta, and both parties submit to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute through good-faith discussion for 30 days.

Changes to these Terms. We may update these Terms by emailing you the changes at least 30 days before they take effect. Continuing to use the Services after that date means you accept the updated Terms.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages at our data centre partner, internet or power failures, cyberattacks, natural disasters, or government action. This doesn’t excuse your payment obligations.

General. These Terms and your order are the entire agreement between us for hosting services. If any part is found unenforceable, the rest remains in effect. You may not assign these Terms without our written consent; we may assign them in connection with a sale or reorganization of our business. Sections 4 (content and domains), 5 (unpaid fees), 11 (data retention), 13, 14, and 15 survive termination. Notices to you go to your contact email on file; notices to us go to [legal@morpheus-hosting.com].