MediaCatch Terms of Service (TOS)
INTRODUCTION / ACCEPTANCE
MediaCatch™ LLC offers you a wide variety of products and services (the
"Service") on the following terms. By utilizing the Service in any way
you are agreeing to comply with these terms, which we may update without
notice and encourage you to examine here at any time.
You must be
at least 18 years old to enter into a contract to use the
Service. Except if we expressly note otherwise, these terms incorporate
and supersede any other terms associated with the files and applications
available on the domain www.mediacatch.com ("MediaCatch™ LLC", "MediaCatch
Web Services", "Quality Web Hosting", "MediaCatch LLC.", "we", or "us").
We reserve the right to modify and amend these terms at any time without
notice. It is your responsibility to remain informed of current
If you have any questions or
concerns regarding our TOS, please e-mail email@example.com.
YOUR LIABILITY FOR CONTENT & CONDUCT (ABUSE POLICY):
You are responsible for any content that you publish or transmit on or
through the Service.
You will not use the Service to distribute, link to, or request content
that: (1) is unlawful, harmful to minors, vulgar, harassing, abusive,
defamatory, threatening, gratuitously violent, pornographic, obscene,
libelous, invasive of another's privacy, or racially, ethnically or
otherwise offensive; (2) includes personally identifiable information
about children; (3) infringes someone else's intellectual property or
other rights; (4) advocates or solicits violence or other criminal
conduct; (5) violates any contract, regulation, or law; (6) promotes
participation in pyramid or multi-level marketing initiatives; (7)
constitutes illegal gambling; (8) specifically advertises pornography or any product or service
that is illegal in Nevada or the domicile of either the distributor or
recipient; (9) contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or telecommunications
equipment; (10) executes mass mailings, SPAM, or unsolicited e-mail.
You will obey all applicable laws and regulations regarding online conduct
and content. Except as we specifically authorize (via reseller privileges, license, or
otherwise), you will not copy, distribute, or commercially exploit any
part of the Service.
You will not install
ANY of the following on your account: IRC Egg Drops & Related Programs,
The Anonymizer UltimateBBS/UBBS (all versions); Ikonboard (all
versions); YaBB & YaBB SE (all versions); Shell, SSH, Telnet Scripts and
all alternatives; Proxy Servers / Proxy Scripts; Soap Mailers; Any chat
scripts formmail.pl, formmail.php, formmail.cgi OR alternative names for
the same script; any script using large flat file databases. These
scripts can cause serious performance and security risks. Any account
with these scripts on will be subject to immediate suspension. Repeated
offenses are liable to account termination without refund.
Resellers are responsible for the conduct
and content of all client sites, just as if the reseller had created the
sites. Resellers must therefore ensure that client sites and
domains adhere to these terms of service. Violations of the abuse
policies by a reseller's client site will be considered a violation by
ANTI-SPAM AND BULK EMAIL POLICY:
Client understands that unsolicited mass e-mailing (also called SPAM,
unsolicited bulk e-mail, and unsolicited commercial e-mail) or the use
of automated scripts to post comments or links to multiple,
non-client-owned blogs, forums, guestbooks, Internet messengers, phones
or other Internet-connected media, is
absolutely forbidden. Client agrees to pay for any fees or damage in
result of UBE or UCE (SPAM) within their account. We reserve the right to
suspend or cancel any or all accounts without notice, due to violation of
The Service you are receiving may include the ability to send and receive
electronic mail. Use of your electronic mail account to send unsolicited
commercial messages is prohibited. Mass electronic messages or
"mail-bombing" (sending mass unsolicited mail or deliberately sending very
large attachments to one recipient) are prohibited. Forging electronic
mail headers (addresses) is also prohibited regardless of commercial
content. Use of electronic mail to harass or intimidate other users is
Spamming, sending unsolicited commercial e-mail messages
or unsolicited bulk messaging to advertise, offer, sell, or buy any goods or
services, for any business or individual, is strictly prohibited (this
includes opt-out e-mail). In
response to a complaint, MediaCatch Web Services has the discretion to
determine, from all of the evidence it receives, whether the intended
recipients were from an "opt-in" e-mail list.
Shared server accounts are also prohibited
from sending solicited (e.g. opt-in) email via mailing lists (or
combinations of mailing lists, or other programmatic methods) that
include more than 100 total accounts, unless special arrangements have
been made in writing with MediaCatch management which specify the terms
of such mailings. If arrangements have been made for larger opt-in
mailing lists, and, in the sole opinion of MediaCatch management, these
mailing lists cause server performance problems of any kind, then
MediaCatch may, at its sole discretion, remove or demand the removal of
the mailing list at any time.
Related: United Stats CAN-SPAM Act of 2003
MediaCatch™ LLC may regularly audit server accounts for abuse. If
any of the abuse policies in these terms of service are violated, you may
be required, as determined by MediaCatch™ LLC in MediaCatch™ LLC's sole
discretion, to pay MediaCatch™ LLC $250 per day for deliberate violations as compensation for damages.
In addition, MediaCatch™ LLC may take legal action in response to any
acts of abuse which may result in additional financial penalties.
MediaCatch™ LLC reserves the right to transfer any content that is
perceived (in the sole discretion of MediaCatch™ LLC) to be in violation
of these terms of service to the appropriate authorities for
prosecution, enforcement, and/or legal action.
You will submit accurate and current information on all registration
forms on the Service. You will not impersonate any person or entity,
misrepresent your affiliation with a person or entity; or misrepresent
the origin of any materials distributed through the Service.
Our 45-day money-back guarantee is for customer satisfaction only. If you are not happy with our service, you may cancel the Service at any time in accordance with our cancellation instructions. To cancel, you must open a Billing ticket at https://secure.mediacatch.com/support/ with your request. We will not cancel accounts via phone to ensure that the request is valid. You must include the following:
- Email address on the account
- Domain Name
- Last 4 digits of credit card on file. If paid via PayPal, then provide the transaction ID (use PayPal's history search).
- Reason for cancellation
1. DOMAIN NAME SERVICES and SSLs. MediaCatch™ LLC
will not issue refunds for domain name purchases or SSL Certificates. It is the
Client's responsibility to ensure that domain name registration orders
and SSL orders are correct, prior to the purchase.
2. Shared, Reseller, and VPS WEB HOSTING SERVICES. MediaCatch™ LLC
has a 45 day money back guarantee on all Shared, Reseller, and
VPS web hosting plans. If at any time you feel that you are not
satisfied during the first 45 days of service, contact us for a full
refund of the fees for these services only.
If the 45-day period has passed, and the customer wishes to cancel, the customer will be refunded in the following manner:
Amount to be refunded
Month to Month
3, 6, 12, and 24 Months
Unused days of service rounded to the end of the month
Example, client cancels on March 25th, we will calculate the refund starting from April 1st until the end of the term.
Note: Any setup, handling, transaction, or
modification fees are non-refundable unless otherwise stated in writing.
Refunds will be made by check or reverse-credit to client. If
reverse-credit on a credit or bank card is chosen, we are not
responsible and will not recover for any transaction fees that may be
lost. We will not provide a refund if the client has violated
our Terms of Service, regardless of how many days the
account has been active.
3. ALL OTHER SERVICES. MediaCatch™ LLC will
not issue refunds for any other services. All other sales are final,
regardless of the termination date.
If server uptime falls below 99.0% for a given calendar month, clients can apply
for credit accordingly by e-mailing firstname.lastname@example.org.
Downtime will be excused if it is the result of: (1) an ISP, network or
other routing issue; (2) suspension of an account per our TOS; (3)
Denial of Service (DOS) attack; (4) restoring a backup or moving an
account; (5) client or third party's (intruder/cracker's) fault.
The uptime guarantee applies to shared hosting accounts, vps accounts
that include the monitoring and premium support options, and dedicated
servers that include the monitoring and premium support options only.
This warranty is also void for customers who install software that is in
violation of the terms of service, fail to keep their application
software updated with security patches, fail to upgrade their accounts
in accordance with site requirements per written requests from support
staff, or install software that is otherwise advised against in writing
by support staff.
Credits shall be applied only as additional service time. Our uptime
guarantee does not extend any further than the preceding and clients may
be required to provide third-party proof of downtime.
LINKS TO OTHER WEB SITES:
We or third-party providers of content may make available links to other
Internet web sites or resources. We do not manage these sites and
resources, do not endorse them, and are not responsible for their
content, availability, or delivery of services.
DESIGNS & CONCEPTS:
Client understands that there is absolutely no guarantee for satisfaction
of any type of design or concept made by MediaCatch™ LLC.
Client is aware that payment will be required and expected whether or not
they are satisfied with the service provided. Reselling or redistributing
designs or concepts made by us is absolutely forbidden unless written
permission is given to client. Client may not claim our services as their
REFUSAL OF SERVICE:
We reserve the right to refuse or cancel service at our sole discretion.
All clients are expected to pay their invoices promptly. Accounts that are
past due for 72 hours may be subject to temporary deactivation
Accounts past due in excess of 30 days may be cancelled. All deactivated
accounts will be charged a $15.00 reactivation fee in addition to their normal
recurring fees. Returned, declined, or cancelled checks/credit cards will
result in immediate account deactivation (not cancellation) and are
subject to a $5.00 penalty. Cancelled accounts shall be subject to all applicable reactivation fees as well as normal fees associated with opening an initial account. All delinquent accounts will be submitted to a collection agency for resolution.
ABUSE & CPU USAGE:
Any attempts to undermine or cause harm to a server is strictly prohibited
and will result in account suspension or termination without refunds.
If an account causes excessive server
load due to CPU and/or memory utilization on a shared server, and
this load is deemed by technical support staff to be at risk of crashing
or hanging the server, the account may be suspended temporarily, or have
programs disabled/removed, in order to prevent and/or stop the excessive
load. This action may be taken without notice to the customer. However, we will try our best to mitigate this as long as possible before resulting in an account suspension. That is a last resort for us.
DATA STORAGE & BACKUPS:
Client is aware that it is their responsibility to frequently backup any
information that they host on our servers. We are not responsible for any
files, scripts, coding, or data that may be lost, corrupted or abused in a
server-related issue. MediaCatch™ LLC is not responsible for recovering any damaged or
lost files. Regardless of the plan and options purchased, MediaCatch
backup plans are offered as a convenience only, and MediaCatch™ LLC does not guarantee the
existence, accuracy, or regularity of backup services and, therefore,
Client is responsible for making back-up files in connection with their
use of the Services. Client is
solely responsible for independent backup AND SAFEKEEPING of ANY CLIENT data stored on
MediaCatch™ LLC and partner RESOURCES.
If you request file(s) to be restored from one of our backups, there is a $25 restoration fee.
MediaCatch™ LLC has set 24x7 support via the ticket and chat systems as a
goal. There may be times however, e.g. due to technical system
problems, network problems, when support is temporarily unavailable. In
these cases, MediaCatch™ LLC will work to restore 24x7 support as soon as
reasonably possible, as determined by MediaCatch™ LLC.
You shall be solely responsible for
providing, updating, uploading and maintaining your website and any and
all files, pages, data, works, information and/or materials on, within,
displayed, linked or transmitted to, from or through Your web site,
including, without limitation, trade or service marks, images,
photographs, illustrations, graphics, audio clips, video clips, email or
other messages, meta tags, domain names, software and text. Your web
site content shall also include any registered domain names provided by
you or registered on behalf of you in connection with the Web Hosting
MediaCatch™ LLC is not responsible for
correcting system software and/or server faults caused by your website
or software installations (including, but not limited to, incompatible
upgrades), but may offer to correct these faults at current labor rates.
Full payment is required in advance before hosting service is
established. You grant MediaCatch™ LLC the right to debit the credit card
you provided on the order form for services you signed up
for on a recurring basis, until such service is cancelled by you via a Billing ticket, https://secure.mediacatch.com/support/, or is cancelled
by MediaCatch™ LLC according to terms of this Agreement. If payment
is not received by the renewal date, your account may be suspended or terminated.
RENEWALS:Your account will be
automatically renewed under the same time and fee structure unless you
cancel via a Billing ticket, https://secure.mediacatch.com/support/ in accordance with the Cancellation form.
Dedicated servers require a minimum of 30
days notice of cancellation via a Billing ticket.
DISCLAIMER OF WARRANTY:
The Internet is a complex network of services, equipment, and providers
of information, thus the Service may not be available to you at all
times. MediaCatch™ LLC will pursue all resources and channels available
to maintain availability to you, however, MediaCatch™ LLC is not
responsible for any interruption in service or down time that may occur,
whether or not due to the act or negligence of MediaCatch™ LLC.
MediaCatch™ LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT
LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither
MediaCatch™ LLC nor any one else involved in the provision of Service is
liable to you or any third-party for direct or indirect damages
resulting from the use, nonuse or non-availability of services provided
herein, whether or not such damages resulted from the negligence of
MediaCatch™ LLC, even if MediaCatch™ LLC has been advised to the
possibility of such damages.
(All funds are
displayed in US dollar amounts.)
TOS last updated August 21, 2008