TERMS OF SERVICE

Please read the following terms and conditions carefully because they apply to your access to and use of Kargo, Inc.'s Morphis.org website. In using the Morphis.org website, you represent that you have legal authority to accept these Terms Of Service, that you are a "User" as defined by the Terms Of Service, and that you accept the Terms Of Service outlined below. If you do not accept the terms and conditions of the Terms Of Service, please do not use the Morphis.org website.

1. The Morphis.org Website

   Kargo, Inc. (herinafter "Kargo") owns and maintains the website located at www.morphis.org (herinafter "the Morphis site"). All text, links, scripts, software, images, audio, information, data, software, music, photographs, graphics, video, messages or any other materials whatsoever etc. (hereinafter "Content") on the Morphis site is made available to Users only for the lawful use and purposes as described below.

2. User Information

   Users may have to provide personal registration information in order to use certain areas of the Morphis site. When it is required, Users agree to: (i) provide true, accurate, current and complete information about User as required by the user registration process (collectively "User Information") and (ii) maintain and promptly update the User Information to keep it true, accurate, current and complete. If a User provides User Information that is untrue, inaccurate, not current or incomplete, or if Kargo has reason to believe the same, Kargo has the right to suspend or terminate access to the Morphis site.

   Kargo will not use or reveal to any third party personal registration data submitted to the site by Users. Notwithstanding the above, Kargo reserves the right to provide such User Information to third parties in the good faith belief that such action is reasonably necessary to comply with applicable laws, legal process or to enforce the Terms of Service, or as reasonably determined necessary by Kargo to protect the rights, property or personal safety of Kargo, the Morphis site, its Users and the public.

3. User and Termination

   Users agree to access and use the Morphis site in accordance with these Terms Of Service, and in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. Users agree not to access or use the Morphis site for any illegal or wrongful purposes. Specifically, Users agree that they will not:

   1. Interfere in any way with the use and enjoyment of the interactive area of any other user;
   2. Post or transmit any unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct which would give rise to criminal or civil liability or violate the laws of local, state, national, or foreign governments;
   3. Post or transmit any information or material which violates or infringes upon the rights of others, including privacy or publicity rights or is protected by copyright, trademark, patent or other proprietary rights and derivative works thereof;
   4. Post or transmit any information or material which contains a virus or harmful component;
   5. Post or transmit any information that has a commercial, advertising, promotional or marketing purpose.

   Any violation of the conditions of use can result in removal of the offending material and termination of Users' privileges. Upon notice to Kargo from any third party that Content posted by a User constitutes an infringement of rights or other unlawful condition, Kargo Inc. may at its discretion act to remove or block access to the offending material and terminate the privileges of the posting User.

4. Content

   All Content, as described above, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. Users, not Kargo, are entirely responsible for all Content that they upload, post, email or otherwise transmit via the Morphis site or any Service. Users acknowledge and agree that Kargo shall not be liable, directly or indirectly, for any damage or loss relating to Users' use of or reliance on such Content. Kargo does not control the Content posted on the Morphis site, and, as such, does not guarantee the accuracy, integrity or quality of such Content. In using the Morphis site, Users may be exposed to Content that is offensive, indecent or objectionable.

   Under no circumstances will Kargo be liable for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Morphis site or any associated sites therein. Users bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Kargo reserves the right to change the Morphis site, and/or the practices and methods for using the Morphis site at any time, at its sole discretion.

5. Links

   Kargo or third parties may provide links and pointers to other Internet sites or resources not controlled by Kargo Inc. Kargo may not have reviewed, and is not responsible for, the content, products and/or services available from such sites or resources. User acknowledges and agrees that Kargo shall not be liable, directly or indirectly, for any damage or loss relating to Users use of or reliance on such data, software or other content obtained from any sites or resources.

6. Proprietary Content

   In using the Morphis site, Users agree that any use, reproduction, modification, and other intellectual property rights released or posted by any User of the Morphis site ("Source Code") shall be subject to the GPL license applicable to such Source Code, or to such other licensing arrangements that may be approved by Kargo as applicable to such Source Code.

   Users retain ownership of all Content entered into and stored by publicly accessible site features such as message boards, mailing-list archives and bug trackers ("Morphis Public Content"). Kargo owns publicly available statistical content ("Statistical Content") which is generated by the site to monitor and display project activity. In each such case, the submitting user grants Kargo the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Morphis Public Content and/or Statistical Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms the GPL license.

7. Resale of Access or Content

   Users agree not to sell, resell or offer for any commercial purposes, any portion of the Morphis site.

8. Storage of Content

   Kargo will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, however, Kargo bears no responsibility and incurs no liability for the deletion or failure to store any Content maintained or transmitted by the Morphis site.

9. Notice

   Kargo may, at its sole discretion, provide notice of changes to these Terms of Service, the Morphis site or other matters by displaying notices or links to notices via the Service, or by email to Users. Any changes to User Registration information should be sent to Kargo immediately.

10. Trademarks

    KARGO, MORPHIS and WAX (the "Kargo marks") are trademarks of Kargo Users may copy, modify and distribute Content as discussed above, however, Users are not permitted to distribute Content using Kargo's trademarks. Users may use the Kargo Marks only in accordance with the Trademark Use Guidelines.

11. Copyrights

    It is Kargo's policy to respond expeditiously to claims of intellectual property infringement. Kargo will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:

    Registered Copyright Agent Kargo, Inc. 74 Franklin Street No. 4 New York, NY 10013

    Upon receipt of such a notice complying or substantially complying with the DMCA, Kargo will act expeditiously to remove or disable access to any Content claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to Content that is claimed to be infringing. If Kargo receives such a notice, Kargo reserves the right to refuse or delete Content as described under Section 3 above, or to suspend or terminate a User's access. If Kargo removes or disables access to any Content claimed to be infringing, Kargo may attempt to contact the User who has posted such material in order to give that User an opportunity to respond to the notice, although Kargo makes no promise to do so. Any and all counter notices submitted by the User will be furnished to the complaining party. Kargo will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Kargo replaces or restores access to any Content as a result of any counter notice.

12. Disclaimer of Warranties and of Technical Support

    Content provided on the Morphis site is provided to you free of charge, and on an "AS IS" AND "AS AVAILABLE" basis with all faults, without any technical support or warranty of any kind from Kargo Kargo makes no warranty that the service will meet user's requirements or that use of the service will be error free, uninterrupted, or secure. ACCORDINGLY, KARGO EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. USER SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO USER'S COMPUTER SYSTEMS OR LOSS OF DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SOME USERS. USERS MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. These limitations and exclusions of warranties and liability do not affect or prejudice the statutory rights of a User; that is, a person acquiring goods other than in the course of a business.

13. Limitation of Liability and Damages

    USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL KARGO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOST DATA OR THE LIKE WHETHER ARISING FROM OR RELATING TO TORT (INCLUDING NEGLIGENCE), CONTRACT, PRODUCT LIABILITY OR OTHERWISE EVEN IF KARGO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF OR ACCESS TO ITS MORPHIS SITE, OR ANY THIRD PARTY WEBSITE THAT MAY BE PART OF THE MORPHIS SITE'S OPERATION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS.

14. Indemnification

    User agrees to indemnify and hold Kargo its officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service or breach of these Terms of Service or violation of any rights of another.

15. No Waiver

    Kargo's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

16. Other

    The disclaimer of warranty, exclusions, and limitations of liability and damages set forth above are essential elements of the basis of the bargain between Kargo Inc. and Users.