AGREEMENT
In this Terms of Service Agreement ("Agreement"), "you" and "your" refer to the customer; "we", "us" and "our" refer to Topcat Hosting, a division of CSA Enterprises; and "services" refers to our Web hosting and domain name registration services. You agree to be bound by this Agreement, and any modifications to this Agreement that we post on our Web site, as long as you continue to use the services.
FEES FOR WEB HOSTING SERVICE:(Applies only to Web hosting accounts.)
You will be billed for each month's service in advance on the day you first opened your account each calendar month. Your subscirption is setup within PayPal for your account, and the payment method you specified within PayPal will be charged at that time. Your service continues until you cancel it using your PayPal's account managment control panel, and you agree to pay us the applicable fees each month until you do so. If payment is not received within 10 days of the due date (for example, if you specified payment by credit card in your PayPal account and your credit card company declines to authorize a charge to your credit card and you do not provide alternate payment within 10 days), we may suspend your use of the services until payment is made. Accounts that are more than 30 days past due may be permanently closed.
Prohibited Data
The following items will not be tolerated and are only acceptable under the terms provided.
Illegal Downloads: The use of Warez, mp3 files that you are not the rightful owner of, cracks, and any other forms of copyrighted software that you are not legally allowed to use/distribute are all strictly prohibited.
Illegal Activities : You may not use our services to infringe the intellectual property rights of others, to sell products that cannot be legally sold and shipped within the United States, to distribute information that primarily describes illegal activities, to attempt to gain unauthorized entry to any computer system or distribute information describing how to do so, or to perform other illegal activities.
PORNOGRAPHIC OR VIOLENT CONTENT: You may not use our services to publish information of a pornographic or violent nature, nor to publish information that endorses or encourages acts of violence.
HATE SPEECH OR HARASSMENT: You may not use our services to denigrate, defame, or harass private individuals, nor to denigrate, defame, or harass groups of people identified by race, religion, national origin, gender, sexual orientation, disability, or other protected class under California or U.S. anti-discrimination laws.
Violations
If we believe, at our sole discretion, that you have violated the NO SPAM, NO ILLEGAL ACTIVITIES, NO PORNOGRAPHIC OR VIOLENT CONTENT, or NO HATE SPEECH OR HARASSMENT provisions of this Agreement, we will terminate your use of the services without warning.
Spam: Spamming is frowned upon and we take this matter very seriously. Anyone found spamming will be suspended without a refund. This includes: sending advertisements to multiple e-mail addresses at one time (unless under the use of an opt-in mailing list), spamming Topcat Hosting in any way, or using forced attacks via e-mail
Mass Mailings : Mass mailings are limited to 60 emails per hour to prevent excessive usage of resources that can create slow load times for your site and other customer's sites. If you wish to send out larger quantities of emails, we recommend using a service such as AWEBER. .
Viruses: The following items are not allowed, nor will ever be allowed on Topcat Hosting servers: hosting viruses, or sending viruses via e-mail, or allowing users to download files with Trojans, viruses, or any harmful files. If you are looking to host this material, please look somewhere else.
Refunds
Because we offer a monthly service plan, no refunds will be issued for termination of your account. Termination of your account for violation of this TOS is permanent grounds for non-refund. Domain registration fees are not refundable.
III. General Information
Space: The space on your website is yours to use. Constant monitoring should be done if you plan to allow FTP access to your website for uploading. You take full responsibility for every file located on your website. Hosting of illegal files, or anything not allowed in this TOS agreement will result in suspension of your account until future investigation is made.
Account Data Loss: We do not personally create backups for your website files. You are responsible for these backups and we will not be held accountable for the loss of files.
Account Termination: We reserve the right to suspend your account if we suspect you are violating this TOS agreement. We will talk with you before deciding if you are not allowed at Topcat Hosting.
Misuse of Resources: The misuse of resources, including but not limited to employing applications that consume excessive CPU time are prohibited.
Content: If you are unsure if the content is all right for you to post, please contact us first. We will give a response for your inquire very shortly.
Domain Registration: Your domain is registered in your name. If you decide to move your site to another host or want to sell your domain to another party, you may do so at any time by accessing your domain account and changing your DNS settings or l transfering your domain to another owner.
Keeping your scripts updated: You are responsible to keep your scripts installed on your account updated. If you are running outdated scripts you are taking the risk of allowing your account to be compromised and possible damage to the server. If we find an account that has been compromised we will suspend the account and contact the owner. If this happens more then once we may ask you to find another hosting provider.
Anti-Spam Policy Notice
This Anti-Spam Policy Notice governs the use of the web page at and its associated services, web pages, domains and sub-domains, which are owned and operated by Roger Justus ("Owner"). Wherever this Notice refers to "users" it means "you", while "we" or "our" refer to Roger Justus and "Web Site" refers to Topcat Hosting.
This sets forth our policy with regard to the use of "Spam" marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your rights and close any active account.
We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.
We reserve the right to terminate your account and participation in our programs "for cause" if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.
If you are "spammed" by anyone regarding our products, services, web site, or any other matters, please report this activity to Roger Justus using the email form on our Contact Us page.
GOVERNING LAW:
This Agreement shall be governed by North Carolina law, and any dispute resulting from this Agreement is subject solely to the jurisdiction of North Carolina courts. In the event of legal proceedings, the prevailing party shall be entitled to recover reasonable expenses from the other party, including attorney's fees.
SEVERABILITY:
If any provision of this Agreement is declared invalid or unenforceable, that provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining provisions will remain in full force and effect.
LIMITATION OF LIABILITY; NO WARRANTIES:
Our services are provided on an "as-is" basis. Our entire liability and your exclusive remedy with respect to any services provided under this Agreement or any breach of this Agreement is solely limited to the amount you paid for the services. Under no circumstances shall we be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or inability to use the services (even if caused by error, omission or negligence on our part, and even if we are advised of the possibility of such damages); nor shall we be liable for the cost of substitute services.
Note: This agreement is subject to change without your notice. It is your responsibility to be kept up-to-date. Please check for updates frequently. |
