It is the goal and intent of Phast Cat
Media to protect your privacy and the privacy of each and every member
to the greatest degree reasonably possible through available confidentiality
and security measures. Therefore, except to the extent that any member
specifically grants permission to Phast Cat Media to reveal the name,
address, email address or any other private information provided by
that member which may be held in the data system of Phast Cat Media
and which could in any way be directly associated with that member by
any party who is not an integral part of Phast Cat Media, then Phast
Cat Media will not knowingly provide, sell, trade, transfer or in any
other way deliberately reveal any such private member information to
any party outside of Phast Cat Media, other than normal exposure encountered
with contracted data system workers, management or hosting services
for Phast Cat Media. This privacy policy does not include general demographic
information which is not associated with any specific member or any
specific member' address or contact information.
Phast Cat Media contains links to other
websites for use by its members. Phast Cat Media is not responsible
for any private information gained by others related to the use of such
links by members which may be beyond the reasonable control of Phast
Cat Media. As a member you authorize Phast Cat Media to disclose your
personal and private information to local, state or federal law enforcement
officials only in the event that Phast Cat Media is required to do so
by a lawful court or other legal authority which Phast Cat Media in
good faith believes to have the proper legal jurisdiction over some
or all of your private information held by Phast Cat Media. Phast Cat
Media is not responsible for the use or misuse of any such private information
so required of Phast Cat Media by such law officials.
All Web Hosting, Dedicated Hosting, Web
Site Design, Programming, Managed Services, Co-Located Servers, are
bound by this Terms of Service. Dedicated Accounts should refer to their
individual hosting agreements, as warranted.
Setup Fees including, but not limited to, additional
programming are nonrefundable.
All dedicated and hosting fees are due in advance
of the services provided. Failure to pay in advance may result in termination
or suspension of services without notice. Prices are subject to change
without notice. Programming and web site design work is due upon receipt
with no exceptions.
If you cancel your service you will be refunded the
prepaid fees for any unused month, once those services are no longer
being provided, not including setup fees, if you have a contract, the
terms of the contract apply. If you cancel your service, but fail to
transfer your site(s) to another provider and continue to utilize our
hosting network you will be billed until such time that you are no longer
utilizing our services. If you wish services to cease immediately, you
must request that our services be discontinued immediately.
The use of any data or material, which Customer receives
from the service provided by Phast Cat Media, is at Customer's sole
and absolute risk. Phast Cat Media specifically disclaims and denies
any responsibility for the completeness, or accuracy of quality of any
and all information obtained through the services to be provided hereby.
Phast Cat Media will utilize its best efforts to maintain
acceptable performance of services, but Phast Cat Media makes no warranties
or representations of any kind for the services being offered. The service
is provided on an "as is" and "as available" basis
without warranties of any kind, either express or implied, including
but not limited to warranties of title, noninfringement, or implied
warranties of merchantability or fitness for a particular purpose. No
advice or information given by Phast Cat Media or its agents or employees
shall create a warranty. Phast Cat Media provides no warranty that the
service will be uninterrupted or error free or that any information,
email, software or other material accessible on the service is free
from viruses or other harmful components. Under no circumstances shall
Phast Cat Media be liable for any direct, indirect, special, punitive,
or consequential damages that result in any way from your use of or
inability to use the service, or for third parties' use of the service
to access your Web space, or to access the Internet or any part thereof,
or your or any third parties' reliance on or use of information, services,
or merchandise provided on or through the service, or that result from
mistakes, omissions, interruptions, deletion of files, errors, defects,
delays in operation or transmission, or any failure of performance.
Phast Cat Media is not responsible for equipment failure or loss of
data at anytime. Data stored on our servers is not guaranteed to be
backed up. It is recommended that you keep an independent backup of
all data stored on your computer. If you are dissatisfied with Phast
Cat Media service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to discontinue
using the service.
You understand that by placing information on Phast
Cat Media’s servers that such information becomes available to
all Internet users and that Phast Cat Media has no way of limiting or
restricting access to such information or protecting such information
from copyright infringement. You assume total responsibility and risk
for your use of Phast Cat Media, servers and the Internet. It is solely
your responsibility to evaluate the accuracy, completeness, and usefulness
of all opinions, advice, services and other information, and the quality
and merchantability of all merchandise provided through Phast Cat Media
or on the Internet generally.
You agree to indemnify, defend, and hold harmless
Phast Cat Media from any and all liability, penalties, losses, damages,
costs, expenses, attorneys' fees, causes of action or claims caused
by or resulting indirectly from your use of the service which damages
either you, Phast Cat Media, or any other party or parties without limitation
or exception. This indemnification and hold harmless agreement extends
to all issues associated with your account, including but not limited
to domain name selection and Web site content.
The Customer may only use Phast Cat Media services for
lawful purposes. In the event that at any given time, Phast Cat Media
believes that the service is being used by the Customer in contravention
with any of the terms and provisions contained in this Agreement, Phast
Cat Media has the right to immediately discontinue such service to Customer
without liability other than to refund any unearned prepaid service fees.
The following are restrictive uses and shall be cause for the immediate
termination of web services and this Agreement without notice to the Customer:
- Unauthorized distribution or copying copyrighted software, violation
of US export restrictions, embarrassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities
- Unsolicited advertising via email and/or 'Spamming' is a violation
of State and Federal Law and is otherwise a violation of this agreement.
- Using a non-existing email return address on a commercial solicitation,
spamming (sending unsolicited advertising to numerous email addresses
or newsgroups and/or generating a significantly higher volume of outgoing
email than a normal user), trolling (posting outrageous messages to generate
numerous responses, mailbombing (sending multiple messages without significant
new content to the same user), subscribing someone else to a mailing list
without that person's permission, cross-posting articles to an excessive
number of newsgroups, or attempting without authorization to enter into
a secured computer system. Phast Cat Media reserves the right to determine
what Net abuse is.
- Distribution of information, transmission, storage, data, or material
in violation of applicable law or regulations is strictly prohibited.
This includes, but is not limited to: registered or unregistered designs,
trade marks; copyright material; confidential information and any other
intellectual property rights used without proper authorization; defamatory,
material that is obscene, which constitutes an illegal threat, or violates
export control laws.
You agree to supply appropriate payment for the services
received from Phast Cat Media, in advance of the time period during
which such services are provided. You agree that all setup fees are
non-refundable once setup is completed. You agree that until and unless
you notify Phast Cat Media of your desire to cancel any or all services
received, those services will be billed on a recurring basis. You agree
that if you are paying by credit card, prepayments will be billed and
charged automatically, and that Phast Cat Media may apply the amount
due to the provided card at any time. Phast Cat Media agrees that pro-rated
refunds for unused time periods will be provided upon request, in the
event of account termination. Accounts are due on the 1st of every month.
All accounts over 12 days late will be cut off and there will be a $25.00
reconnect fee plus the past due balance to have the site cut on.
This agreement supersedes any written, electronic,
or oral communication you may have had with Phast Cat Media or any agent
or representative thereof, and constitutes the complete and total agreement
between the parties.
Phast Cat Media will not be responsible for any damages
your business may suffer. Phast Cat Media makes no warranties of any
kind, expressed or implied for services we provide.
Phast Cat Media reserves the right to terminate web
services for any reason.
Phast Cat Media disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service interruptions
caused by Phast Cat Media and its employees. The services provided by
Phast Cat Media are provided AS-IS and without any warranty expressed
or implied. Phast Cat Media reserves the right to revise its policies
at any time.
By placing and continuing to maintain or place information
on Phast Cat Media's servers you are stating and acknowledging that
you have read the aforementioned terms and conditions and that you understand
such terms and conditions and agree to be bound by them.
