Terms of Service

Terms of Service
This User Agreement ("Agreement") is an agreement between Data Cat Hosting, ("Data Cat Hosting") and the party set forth in the related order form ("Customer" or "you") incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services"). Your use of the services constitutes acceptance of this agreement.

Data Cat Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by Data Cat Hosting when it is decided that the account has been inappropriately used or there has been a violation of this customer agreement.

Backup
Every account holder is recommended to back all files and databases stored on the server. It is the sole responsibility of every account holder to maintain a secure working backup of all files and databases. Data Cat Hosting will not be responsible for any data loss.

Content
All services provided by Data Cat Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Data Cat Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related web hosting of any kind is prohibited on all Data Cat Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Data Cat Hosting will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Data Cat Hosting servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links or usage:
Pirated (cracked) software
Hacker programs or archives Warez sites
Copyrighted Material (e.g. MP3's)

Data Cat Hosting does not allow sites with political content as 'hate sites', Nazi stuff, or sites that propagate political activity against specific races, minorities, or countries - especially against the United States of America.

Data Cat Hosting does NOT tolerate unsolicited e-mail known as "SPAM" to be sent from its servers. Data Cat Hosting will terminate the account of any customer caught sending spam.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. You can use the chat rooms provided through our control panel.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Forums
You will be allowed to install any kind of Forums software. However - many cgi-based applications may use more system resources than like PHP based software. We recommend the use of applications like phpBB or vBulletin forum software.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Data Cat Hosting is strictly prohibited.

Data Cat Hosting will be the sole arbiter as to what constitutes a violation of these terms.

Domains
Data Cat Hosting registers domains for the period of one year. The customer agrees to pay the due registration fee at the time of purchase. The cutomer agrees to pay renewal fees when due in order to renew domain name. Data Cat Hosting does not offer refunds for domains registered. All domain name sales are final.

Payment Policy
The customer agrees to pay the total balance due by the set due date All accounts are set up on a prepay basis. Although Data Cat Hosting reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment.

Cancellation Refunds
Data Cat Hosting does not refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore only prepaid full monthly fees existing on account will be refunded Payment is due each anniversary year or month following the date the account was established. Data Cat Hosting does not offer refunds for domains.

Currency
All prices are in US-Dollar. Data Cat Hosting is not responsible for any currency exchange fees of your credit card company or your bank.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Data Cat Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Data Cat Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Data Cat Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Data Cat Hosting servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Data Cat Hosting servers.

Disclaimer
Data Cat Hosting will not be responsible for any damages your business may suffer. Data Cat Hosting makes no warranties of any kind, expressed or implied for services we provide. Data Cat Hosting disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Data Cat Hosting and its employees. Data Cat Hosting reserves the right to revise its policies at any time.