Acceptable User Policy
Catch4's Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what Catch4 expects of them while
using the service. All users of Catch4's services: those who access some of our
Services but do not have accounts, as well as those who pay a service fee to
subscribe to the Services, must comply with this AUP and our TOS (Terms of
Service).
Use of Catch4 Service constitutes acceptance and agreement to Catch4's AUP
as well as Catch4's TOS (Terms of Service)
IMPORTANT NOTICE: Customer private details are
encrypted on our systems and will never be shared with a third party
We support the uncensored flow of information and ideas over the Internet
and do not actively monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over the content of any web
site, e-mail transmission, newsgroups, or other material created or accessible
over or through the services, except for certain proprietary Web sites.
However, in accordance with our TOS (Terms of Service), we may remove any
materials that, in our sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. Catch4 may cooperate with legal
authorities and/or third parties in the investigation of any suspected or
alleged crime or civil wrongdoing. Your violation of this AUP may result in the
suspension or immediate termination of either your Catch4 account or other
actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of Catch4's
Acceptable Use Policy. The following are guidelines for the establishment and
enforcement of Catch4's AUP:
Catch4 intends to provide its customers access to everything the Internet
has to offer. While Catch4 is firmly committed to the principles of free
speech, certain activities that may be damaging to the resources of both Catch4
and the Internet and cannot be permitted under the guise of free speech. The
resources of Catch4 and the Internet are limited, and abuse of these resources
by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for
measurements of system utilization and the preparation of billing records.
However, in our efforts to promote good citizenship within the Internet
community, we will respond appropriately if we become aware of inappropriate
use of our service.
You may not use your server or virtual site to publish material, which Catch4
determines, at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms of
communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos),
executable programs, video recordings, and audio recordings.
If a Catch4 account is used to violate the Acceptable Use Policy or our
TOS, we reserve the right to terminate your service without notice. We prefer
to advise customers of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the Acceptable Use Policy will result
in immediate termination of service. Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver of our right to do so at
any time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please contact us
at sales@catch4.com.
VIOLATIONS OF Catch4
ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use: Catch4's
services may not be used for illegal purposes, or in support of illegal
activities. Catch4 reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected crime or
civil wrongdoing.
2. Harm to minors: Use of Catch4
service to harm, or attempt to harm, minors in any way, including, but not
limited to child pornography. Any account found to host child pornography or
linking to the same will be removed from our network immediately without
notice. Upon a second violation the account will be immediately terminated
without notice. Severe cases can result in immediate termination. Any
implication of underage content or misleading information perceived to be child
pornography will result in the same penalties. All violations will be reported
to the appropriate law enforcement agency. Any account found to host
"Lolita" type content or linking to the same will be given one hour
to remove the offending content/domain. Upon a second violation the account
will be removed from our network immediately without notice. Subsequent
violations can result in the termination of the server without notice. Severe
cases can result in immediate termination. Any implication of underage content
or misleading information perceived to be underage content will result in the
same penalties. All violations will be reported to the appropriate law
enforcement agency.
3. Threats: Use of Catch4
service to transmit any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of Catch4
service to transmit any material (by e-mail, uploading, posting or otherwise)
that harasses another.
5. Fraudulent activity: Use of Catch4
service to make fraudulent offers to sell or buy products, items, or services,
or to advance any type of financial scam such as "pyramid schemes,"
"ponzi schemes," and "chain
letters."
6. Forgery or impersonation:
Adding, removing or modifying identifying network header information in an
effort to deceive or mislead is prohibited. Attempting to impersonate any
person by using forged headers or other identifying information is prohibited.
The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail
/ Unsolicited bulk e-mail (SPAM) Our servers may not be the source, intermediary,
or destination address involved in the transmission of spam, flames, or mail
bombs. Your domain may not be referenced as originator, intermediary, or
reply-to address in any of the above. SPAM /illegal content advertising sites
on other servers which in turn contain links to a domain on our servers is
prohibited. We consider spam any mass unsolicited message in the mediums of
Newsgroups and Email. You will not use your account for any bulk-mailing
carried out for a third party including and not limited to another domain off
our network. If you are found to have spammed, then we will immediately,
without warning, disable your account. In addition, we will impose a $150
penalty for each spam policy violation. Penalty for subsequent violations will
be higher. We reserve the right to refuse or cancel service to known spammers.
Lastly, we reserve the right to determine what violates this policy.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone website that supports spammers or cause any
of our IP space to be listed in any of the various Spam Databases will have
their account immediately removed from our network. The account will not be
reactivated until such time that you agree to remove ANY and ALL traces of the
offending material immediately upon reconnection and agree to allow us access
to the server to confirm that all material has been COMPLETELY removed. Severe
violations may result in immediate and permanent removal of the server from our
network without notice to the customer. Any account guilty of a second
violation WILL be immediately and permanently removed from our network without
notice.
8. E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail services or
news will result in the immediate termination of the offending Catch4 account.
9. E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission,
originating or passing through Catch4 service is in violation of this AUP.
10. Usenet SPAMing:
Catch4 has a zero tolerance policy for the use of its network for the posting
of messages or commercial advertisements, which violate the rules, regulations,
FAQ or charter of any newsgroups or mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or mailing list or that are
solicited by the recipients are permitted.
11. Unauthorized access: Use of Catch4
service to access, or to attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security measures of Catch4's or another
entity's computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the offending account
is subject to immediate termination.
12. Copyright or trademark
infringement: Use of Catch4 service to transmit any material (by e-mail,
uploading, posting, hot linking, directly linking or otherwise) that infringes
any copyright, trademark, patent, trade secret or other proprietary rights of
any third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
13. Collection of personal data:
Use of Catch4 service to collect, or attempt to collect, personal information
about third parties without their knowledge or consent is violation of this
AUP.
14. Network disruptions and
unfriendly activity: Use of Catch4 service for any activity which affects the
ability of other people or systems to use Catch4 Services or the Internet. This
includes "denial of service" (DOS) attacks against another network
host or individual user. Interference with or disruption of other network
users, services or equipment is prohibited. It is the Member's responsibility
to ensure that their network is configured in a secure manner. A Subscriber may
not, through action or inaction, allow others to use their network for illegal
or inappropriate actions. A Subscriber may not permit their network, through
action or inaction, to be configured in such a way that gives a third party the
capability to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's computer
system will result in immediate account termination. Catch4 will not tolerate
any subscriber attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the intrusion results in
corruption or loss of data.
15. Net Send Spam: The use of the
net send utility to send unsolicited bulk communication is prohibited. This
technique may result in account suspension or termination. Violations of this
policy carry severe penalties, including termination of service.
16. Fraud: Involves a knowing
misrepresentation or misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
17. Infringement of Copyright,
Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution
and/or posting of copyrighted or the aforementioned infringements will not be
tolerated.
18. Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate termination of the
offending account.
19. Third Party Accountability: Catch4
subscribers will be held responsible and accountable for any activity by third
parties, using their account, that violates guidelines
created within the Acceptable Use Policy.
20. Domains Chargeback
Resolution: If the charge for a domain or set of domains is charged back, Catch4
has the right to take control of the domain or set of domains that was paid for
by the disputed charge. Catch4 will change the domain account information as
needed to take control of the domain or set of domains. The user is not
guaranteed to be contacted in the event that a chargeback is received.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized access to another
network or server.
Network Performance
Catch4 accounts operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have a negative impact on
all other customers. Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may result in termination
of your account.
You are prohibited from excessive consumption of resources, including CPU
time, memory, disk space and session time. You may not use resource-intensive
programs which negatively impact other customers or the performances of Catch4
systems or networks. Catch4 reserves the right to terminate or limit such
activities.
REVISIONS TO THIS ACCEPTABLE USE POLICY
Catch4 reserves the right to revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies and agreements at any time and in any
manner. Notice of any revision, amendment, or modification will be posted in
accordance with our TOS (Terms of Service).
Catch4 ("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Catch4 Service constitutes acceptance and agreement to Catch4's AUP
as well as Catch4's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of Catch4 and AUP (Acceptable Use Policy). The AUP may be changed from time to
time at the discretion of the Company. Subscriber understands that change to
the AUP by the Company shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in accordance with the
laws of the state of Delaware, USA.
1. Disclosure to Law
Enforcement: The AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may disclose any and
all subscriber information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition Catch4 shall
have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges
that the nature of the service furnished and the initial rates and charges have
been communicated to Subscriber. Subscriber is aware that the Company may
prospectively change the specified rates and charges from time to time. The
promotional offer is contingent upon Company achieving and maintaining its cost
of service goals including but not limited to rates charged to company by its
suppliers.
3. Payment: Establishment of
this service is dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date of the month for
that month's service or, on the annual renewal date in case of services
purchased annually.
4. Payments and Fees: Checks and
Drafts returned for any reason are subject to returned item charge. Service
will be interrupted on accounts that reach 7 days past due. Service interrupted
for nonpayment may be subject to a reconnect charge fixed at the sole
discretion of Catch4s. Accounts not paid by due date may be subject to a late fee
at the sole discretion of Catch4s. If you desire to cancel your account, please
email billing@catch4.com 30 days before expiry of the account. Failure to
notify cancellation would result in services billed and payable for the next
period.
5. Refund and Disputes: All
payments to Catch4 are non-refundable. This includes any one time setup fee and
subsequent charges regardless of usage. All overcharges or billing disputes
must be reported within 30 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in Catch4's sole discretion
is a valid charge under the provisions of the TOS and /or AUP, you agree to pay
Catch4 an "Administrative Fee" of not less than USD 50 and not more
than USD 250 which will result in an immediate termination.
6. Failure to Pay: The Company
may temporarily deny service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges, plus
reasonable interest and any collection fees.
7. Account Cancellation:
Requests for canceling accounts may be made in writing with at least 7 days
notice but not more than 60 days prior written notice and sent to billing@catch4.com
Only the authorized account holder or a authorized
contact may cancel the account. Authorized contacts are appointed only by the
account holder. In the event of cancellation, customer will automatically be
billed for any excess usage during the then-current calendar month.
8. Subscriber acknowledges that
the service provided is of such a nature that service can be interrupted for
many reasons other than the negligence of the company and that damages
resulting from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be liable for any
damages arising from such causes beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the company's liability for its
own negligence may not in any event exceed an amount equivalent to charges
payable by subscriber for services during the period damages occurred. In no
event shall the company be liable for any special or consequential damages,
loss or injury.
9. New Domain Accounts: All new
webhosting accounts involving new domains will be set up and entered into our
DNS servers within 24 hours. Due to unforeseen complications, however, this
process may sometimes require up to 7 business days.
10. Transfer of Domains: New
webhosting accounts which involve the transfer of a domain from another
provider to Catch4 will require a minimum of seven (7) days to be set up and
entered into our DNS servers. In some cases, such transfers may take up to
sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer may take. If the
transfer of the domain is done by Catch4 on behalf of the account holder a
handling fee will be incurred. If the customer cancels service during the
transfer period for any reason, all charges are considered earned.
11. Support Boundaries: Catch4s, provides 24 x 7 technical support to our
subscribers. We limit our technical support to our area of expertise. The
following is our guidelines when providing support: Catch4 provides support
related to your server or virtual site physical functioning. Catch4 does not
offer tech support for application specific issues such as cgi
programming, html or any other such issue. Catch4 does not provide technical
support for YOUR customers. If you can email, we encourage you to email support@catch4.com
for assistance. If you are able to get online and have other questions, the
answers may be on our support desk here - we encourage you to check there
first. Lastly, the Help files in the program you are using may have the answer
to your question so please do investigate these resources and send an email or
create a ticket before calling tech support.
12. SPAM and Unsolicited
Commercial Email (UCE): Catch4 takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply
this means that customers of Catch4 may not use or permit others to use our
network to transact in UCE. Customers of Catch4 may not host, or permit hosting
of, sites or information that is advertised by UCE from other networks. In
addition, it is not acceptable to transmit bulk email through remote SOCKS,
HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection
to the destination mail servers. This technique may result in account
suspension or termination. Violations of this policy carry severe penalties,
including termination of service. In order to prevent unnecessary blacklisting
due to spam we reserve the right to occasionally sample bulk email being sent
from servers.
1. Violation of Catch4's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, Catch4 will initiate
an immediate investigation (within 48 hours of notification). During the
investigation, Catch4 may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation of our SPAM
policy, Catch4 may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Catch4 reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated policy
violation. Catch4 will notify law enforcement officials if the violation is
believed to be a criminal offense.
2. First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your account. Users who violate
this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed $175 per hour
that Catch4 personnel must spend to investigate the matter. PLEASE, DO NOT SPAM
from your account.
3. As our Customers are ultimately responsible for the actions of their
clients over the Catch4 network, it is advisable that Customers develop a
similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server
that support spammers or cause any of our IP space to be listed in any of the
various Spam Databases will have their server immediately removed from our
network. The server will not be reconnected until such time that you agree to
remove ANY and ALL traces of the offending material immediately upon
reconnection and agree to allow us access to the server to confirm that all
material has been COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the server from our network without notice to the
customer. Any server guilty of a second violation WILL be immediately and
permanently removed from our network without notice.
13. Network
1. IP Address Ownership: If Catch4 assigns Customer an Internet Protocol
address for Customer's use, Customer shall have no right to use that Internet
Protocol address except as permitted by Catch4 in its sole discretion in
connection with the Services, during the term of this Agreement. Catch4 shall
control ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by Catch4, and Catch4 reserves the right to change or
remove any and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion. Our allocation of IP addresses is limited by ARIN's
new policies. These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP addresses. What
this means to you is that you MUST use name-based hosting where possible. We
will periodically review IP address usage, and if we find that clients are
using IP addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with name-based
hosting.
2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for the Services ordered by
Customer on the Order Form (the "Agreed Usage"). Catch4 will monitor
Customer's bandwidth and disk usage. Catch4 shall have the right to take
corrective action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in Catch4's sole and absolute
discretion. If Catch4 takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior to such
action. Bandwidth usage is measured on a calendar month basis. Both incoming
and outgoing traffic are counted. In the event that a customer exceeds the
included allocation, Catch4 may, at its sole discretion bill the customer over
usage. Unused bandwidth allocations cannot be carried over to future months, or
applied to other servers.
3. System and Network Security: Users are prohibited from violating or
attempting to violate the security of the Catch4 Network. Violations of system
or network security may result in civil or criminal liability. Catch4 will
investigate occurrences, which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting Users who are
involved in such violations. These violations include, without limitation:
1. Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
3. Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not
entitled.
14. Notification of Violation:
1. Catch4 is under no duty to look at each customer's or user's activities
to determine if a violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police Internet-related
activities.
2. First violation: Any User, which Catch4 determines to have violated any
element of this Acceptable Use Policy, shall receive an email, warning them of
the violation. The service may be subject at Catch4's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from any further
violations.
3. Second Violation: Users that Catch4 determines to have committed a
second violation of any element of this Acceptable Use Policy shall be subject
to immediate suspension or termination of service without further notice.
4. We reserve the right, to drop the section of IP space involved in Spam
or Denial-of-Service complaints if it is clear that the offending activity is
causing great harm to parties on the Internet. In particular, if open relays
are on your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have to do
this before attempting to contact you. If we do this, we will contact you as
soon as is feasible.
15. Suspension of Service or
Cancellation: Catch4 reserves the right to suspend network access to any
customer if in the judgment of the Catch4 network administrators the customer's
server is the source or target of the violation of any of the other terms of
the AUP or for any other reason which Catch4 chooses. If inappropriate activity
is detected, all accounts of the Customer in question will be deactivated until
an investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted regarding the
activity. The customer will not be credited for the time the customer's
machines were suspended.
16. Catch4 reserves the right to
amend its policies at any time. All Sub-Networks, resellers and managed servers
of Catch4 must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter described on these
Terms and conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called Acceptable Terms
of use policy.
17. Indemnification: Catch4
wishes to emphasize that in agreeing to the Catch4 Acceptable Use Policy (AUP)
and Terms of Service (ToS), customer indemnifies Catch4
for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Catch4 or the bringing of any
claim against Catch4 by any third-party. This means that if Catch4 is sued
because of a customer's or a customer of a customer's activity, the customer
will pay any damages awarded against Catch4, plus all costs and attorney's
fees.
18. Miscellaneous Provisions: You
must provide us with, and keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of preference.
1. A waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other provision
thereof.
2. Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without further obligation.
3. Catch4 takes no responsibility for any material input by others and not
posted to the Catch4 Network by Catch4. Catch4 is not responsible for the
content of any other websites linked to the Catch4 Network; links are provided
as Internet navigation tools only. Catch4 disclaims any responsibility for any
such inappropriate use and any liability to any person or party for any other
person or party's violation of this policy.
4. Catch4 is not responsible for any damages your business may suffer. Catch4
does not make implied or written warranties for any of our services. Catch4
denies any warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by Catch4.
19. Responsibility for Content:
You, as Catch4's customer, are solely responsible for the content stored on and
served by your Catch4 server.
20. Windows Servers: Requirements
for using Microsoft software. Subscribers are prohibited from allowing more
than five (5) authenticated users of the Microsoft Windows Server Operating
Systems under Microsoft licensing terms and could create liability issues with
Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark
or other proprietary rights notices that appear on Software Products or that
appear during the use of Software Products. Customer further agrees not to
reverse engineer, decompile, or disassemble the Software Products.
Catch4 may provide you access to other third party software and/or services
("Third Party Products ") through reseller relationships Catch4 has
established with certain commercial vendors, including without limitation,
Microsoft Corporation ("Third Party Vendors"). Unless otherwise
notified, Customer understands that product support for Third Party Products is
provided by Catch4 and not by the Third Party Vendor. Neither Catch4 nor any
Third Party Vendor makes any representations or warranties, express or implied,
regarding any Third Party Products. Customer expressly acknowledges and agrees
that use of third party products is at customer's sole risk and such third
party products are provided "as is" and without representation or
warranty of any kind from Catch4 or any third party vendor, including without
limitation, any implied warranty of merchantability, fitness for a particular
purpose, accuracy or completeness of responses or results, correspondence to
description, or non-infringement of third party rights. To the maximum extent
permitted by applicable law, neither Catch4 nor any third party vendor will be
legally responsible for any damages, whether direct, indirect, or
consequential, arising from the use or inability to use any third party
product. Customer agrees to observe the terms of any license and/or applicable
end user subscriber agreement for third party products and that customer shall
be fully liable to third party vendors and Catch4 with respect to any improper
use of such third party products or violation of license agreements with them
and/or applicable end user subscriber agreements.
21. Force Majeure: Neither party
shall lose any rights hereunder or be liable to the other party for damages or
losses on account of failure of performance by the defaulting party if the
failure is occasioned by any occurrence or contingency beyond its reasonable
control, including war, strike, fire, Act of God, earthquake, flood, lockout,
embargo, governmental acts or orders or restrictions, failure of suppliers, or
any other reason where failure to perform is beyond the reasonable control of
the nonperforming party; provided that such party shall use commercially
reasonable efforts to promptly mitigate any damages or losses.
22. Denial of Service: We reserve
the right to refuse service to anyone at any time for any reason.
23. Verbal abuse, threatening to
any of our staff members will be a ground for immediate termination of accounts
& services without refunds.
24. VPS: uTorrent,
rTorrent, wTorrent, flux, bittornado and any related torrents shall not be ran on
your windows, linux and freebsd
virtual server aka VPS failure to follow this will result in permanent
termination.
25. Shared web hosting, reseller,
master reseller and alpha reseller: We will not allow warez
hosting, copyrighted materials, torrents, torrentflux,
rapidshare, image hosting, video hosting, torrent
trackers and similar materials to be ran on your account we reserve the right
to terminate you once reported by authorities or if found by Santrex.
26. Account Setup Times: We aim
to setup all accounts within our set timescale,
however certain conditions arise when these timescales can
not be met. If we receive a high volume of orders, we may take a little
bit longer than expected to setup your account. All setup times written on the
website are only in business hours so weekends and national holidays are not
counted in unless other wise stated.