Catoe Group, LLC Services & Web Hosting Service
Catoe Group, LLC and brands owned by Catoe Group are subject to these Terms Of Service.
Catoe Group, LLC WEB HOSTING TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to the Catoe Group, LLC Services & Web Hosting service (the "Service")! Your use of the Service in conjunction with a Catoe Group, LLC Web Hosting package is subject to these Terms of Service ("TOS"), and all other documents incorporated by reference. Catoe Group, LLC reserves the right to update and change these Terms and incorporated documents from time to time without notice or acceptance by you. You can review the most current version of the TOS at any time at: http://www.catoegroup.com/info/terms/. Please note that other Catoe Group, LLC services, outside of the Service, may be governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
The Service provides Catoe Group, LLC users with access to a rich collection of on-line resources, including the ability to register or transfer their own domain and to host a complete website hosting service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Catoe Group, LLC Web Hosting resources, shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. DOMAIN REGISTRATION
3.1 If you register a new domain name in conjunction with the Service, the following terms also apply:
(a) Catoe Group, LLC works with several ICANN approved domain name registration companies. You understand that you are creating a separate contractual relationship between you and the selected registration company, and that you, and not Catoe Group, LLC, are responsible for all fees, liability, and obligations in connection with that relationship. Until the Service is cancelled or otherwise terminated, Catoe Group, LLC will pay on your behalf the domain registration/renewal fees as part of the Service. You agree that your obligations to indemnify under "Indemnity" in these Terms (Section 14) includes any claim or demand associated with your domain name, any domain name pre-registration services provided through the Service terms and conditions.
(b) You hereby authorize Catoe Group, LLC to list itself as the administrative contact, billing contact, technical contact and name server in connection with your domain name and to take any actions Catoe Group, LLC deems appropriate in those capacities. However, upon termination of the Service, Catoe Group, LLC may immediately cease acting in those capacities and reserves the right to transfer your account to collection of past-due amounts. In the event of such transfer, you authorize Catoe Group, LLC to remain as the administrative contact, billing contact, technical contact and name server in connection with your domain name, and to take any actions deemed appropriate in those capacities. Upon termination of the Service, Catoe Group, LLC will not be responsible for forwarding any notices, emails or other correspondence to you or to taking any other actions in connection with your domain name. You will be solely responsible for all ongoing fees, as well as removing Catoe Group, LLC as the billing, technical contact and name servers in connection with your domain name, unless Catoe Group, LLC notifies you otherwise.
3.2. Using a pre-existing domain name.
If you choose to use a domain name under the Service that you have already registered with another provider, you must request that the original registrar change the name servers for the domain name as designated by Catoe Group, LLC, on your behalf.
PLEASE NOTE: IF YOU CHOOSE TO USE A DOMAIN NAME UNDER THE SERVICE THAT YOU HAVE ALREADY REGISTERED WITH ANOTHER PROVIDER, THE FEES PAYABLE TO Catoe Group, LLC FOR THE SERVICE DO NOT INCLUDE REGISTRATION FEES OWED BY YOU TO YOUR PRIOR PROVIDER, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR CURRENT PROVIDER, INCLUDING RENEWAL FEES. ADDITIONALLY, IF YOU CHOOSE TO USE A DOMAIN NAME PREVIOUSLY REGISTERED THROUGH VERISIGN/NETWORK SOLUTIONS, YOU HEREBY AUTHORIZE Catoe Group, LLC TO SUBMIT A REQUEST TO VERISIGN/NETWORK SOLUTIONS TO CHANGE THE NAME SERVERS AND/OR TECHNICAL CONTACT TO Catoe Group, LLC ON YOUR BEHALF. SUCH REQUEST BY Catoe Group, LLC WILL NOT BE FINALIZED UNTIL YOU PROVIDE AUTHORIZATION TO VERISIGN/NETWORK SOLUTIONS.
4. REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information to be considered part of the "Registration Data" as defined in section 5 below) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Catoe Group, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Catoe Group, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from Catoe Group, LLC, such as service announcements, administrative messages and the Catoe Group, LLC Newsletter, and that these communications are considered part of Catoe Group, LLC membership and you will not be able to opt out of receiving them.
5. Catoe Group, LLC ACCOUNT NUMBER REQUIREMENT
In order to use the Service, you must have a valid Catoe Group, LLC account number and have agreed to the Catoe Group, LLC Terms of Service found at http://www.catoegroup.com/info/terms/.
6. PAYMENT TERMS
6.1 MONTHLY BILLING
The credit card that you provide as part of your Registration Data for Catoe Group, LLC Chest will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Catoe Group, LLC gives notice to the contrary, payment for the Service is billed on a monthly basis and is non-refundable.
6.2 SET-UP FEE
When you register for the Service you will be charged a one-time non-refundable set up fee, unless otherwise noted.
6.3 DATA TRANSFER FEE
If you choose the automatic billing option for extra data transfer for the Service and you go over your package allotment, you will be billed automatically for each extra transfer rate increment and that charge is non-refundable. You will not be refunded for the extra data transfer in that increment that you did not use. If you do not choose automatic billing at registration, and you use up all your data transfer capability in any given month, you can go back to your options settings and opt in to automatic billing. You may opt out of automatic billing for extra data transfer at any time.
6.4 UPGRADES AND DOWNGRADES
You will have the ability to upgrade or downgrade the Service at any time during the monthly term. Such upgrade or downgrade will take effect immediately. For any upgrade in package level, the credit card that you provided as part of your Registration Data for Catoe Group, LLC Chest will automatically be refunded a pro-rata amount for the lower level of Service and charged a pro-rata amount for the higher level Service. The refund and charge will both be based on the number of days remaining in the monthly term. The anniversary date of service will not change. For any downgrade, your credit card will be refunded, or credited to your account (determined by Catoe Group, LLC) a pro-rata amount for the days remaining in the monthly term. Fees may not be credited towards other Services. All currency references are in U.S. dollars.
6.5 Cancellation and Termination
If you cancel the Service before the end of the monthly term, your cancellation will take effect immediately, but you will have access to the Service for the remainder of the month in which you cancel. Your domain name will remain registered for its current term, but will cease working with your email and pointing to your website. After cancellation and when monthly term ends, you will no longer have access to your website and all information contained therein may be deleted by Catoe Group, LLC. Catoe Group, LLC accepts no liability for such deleted information or content.
If your credit card and/or payment is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Catoe Group, LLC accepts no liability for information that is deleted due to an invalid credit card and/or payment.
In addition, Catoe Group, LLC may immediately terminate the Service for any failure to follow the Agreement by you. Such termination of the Service may result in the deactivation or deletion of your Catoe Group, LLC Web Hosting Site, and the forfeiture and relinquishment of all files contained in your account.
8. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and web site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the registered domain name, including those of users to whom you give e-mail accounts on your domain ("Domain E-mail Users"). You agree to immediately notify Catoe Group, LLC of any unauthorized uses of the account or any other breaches of security. Catoe Group, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Catoe Group, LLC be liable, in any way, for any acts or omissions, of you or any Domain E-Mail User, to whom you give an e-mail account on your domain, including any damages of any kind incurred as a result of such acts or omissions.
9. DOMAIN E-MAIL USERS
Please note that all Domain E-Mail Users are subject to the Catoe Group, LLC Terms of Service. Catoe Group, LLC expressly assumes no liability for any losses incurred due to Domain E-Mail User activities.
10. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Catoe Group, LLC, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, adult-oriented, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Catoe Group, LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical.
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Catoe Group, LLC determines, in its sole discretion, is inappropriate for sale through the Service provided by Catoe Group, LLC.
11. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Catoe Group, LLC in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. CONTENT SUBMITTED TO Catoe Group, LLC WEB HOSTING
Catoe Group, LLC does not claim ownership of the Content you place on your Catoe Group, LLC Web Hosting Site. By submitting Content to Catoe Group, LLC for inclusion on your Catoe Group, LLC Web Hosting Site, you grant Catoe Group, LLC the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Catoe Group, LLC Web Hosting Site on Catoe Group, LLC's Internet properties. This license exists only for as long as you continue to be a Catoe Group, LLC Web Hosting customer and shall be terminated at the time your Catoe Group, LLC Web Hosting Site is terminated.
You acknowledge that Catoe Group, LLC does not pre-screen Content, but that Catoe Group, LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Catoe Group, LLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold Catoe Group, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
15. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Catoe Group, LLC.
16. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Catoe Group, LLC may establish general practices and limits concerning use of the Service.
17. MODIFICATIONS TO SERVICE
Catoe Group, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any partthereof) with or without notice. You agree that Catoe Group, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. RESERVATION OF RIGHTS
You agree that Catoe Group, LLC, in its sole discretion, expressly reserves the right to suspend or terminate your password, Catoe Group, LLC Web Hosting Site, use of the Service or use of any other Catoe Group, LLC service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Catoe Group, LLC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Catoe Group, LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Catoe Group, LLC may immediately deactivate or delete your Catoe Group, LLC Web Hosting Site and all related information and files in your Catoe Group, LLC Web Hosting Site and/or bar any further access to such files or the Service. Further, you agree that Catoe Group, LLC shall not be liable to you or any third-party for any termination of your access to the Service.
19. Catoe Group, LLC PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Catoe Group, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Catoe Group, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Catoe Group, LLC for use in accessing the Service.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Catoe Group, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Catoe Group, LLC WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, Catoe Group, LLC IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Catoe Group, LLC DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Catoe Group, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Catoe Group, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Catoe Group, LLC respects the intellectual property rights of others and we ask our users to do the same.
25. CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)
The TOS and the relationship between you and Catoe Group, LLC shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You and Catoe Group, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Florence, South Carolina. The failure of Catoe Group, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
26. INTEGRATION AND SEVERABILITY
The TOS constitutes the entire agreement between you and Catoe Group, LLC and govern your use of the Service, superceding any prior agreements between you and Catoe Group, LLC or Catoe Group, LLC Web Hosting (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Catoe Group, LLC services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS.