Terms Of Service
By using Catapult Web's Internet Services you agree to the following Terms of Service. Please read them carefully.
SUMMARY OF TERMS OF SERVICE
- You agree to provide true and accurate information about yourself during the sign-up process.
- You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe on the intellectual property or other rights of another.
- You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail.
- You agree that Catapult Web may, in their sole discretion terminate your service if it is believed you have violated the Terms of this agreement in any way.
- ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
- DESCRIPTION OF SERVICES
- E-mail Services
- Web Hosting
- Catapult Web is providing User with the capability to host a website (s) on Catapult Web's hardware.
- Catapult Web is responsible for the technical environment pertaining to that hosting.
- Catapult Web is not responsible for the webpage's functioning except as decreed in a Web Development Contract.
- MODIFICATIONS TO TERMS OF SERVICE
- MODIFICATIONS TO SERVICE
- CATAPULT WEB'S MAIL PRIVACY POLICY
- USER ACCOUNT AND PASSWORD SECURITY
- USER CONDUCT
- INDEMNITY
- EMAIL STORAGE
- TERMINATION
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- NOTICE
- GENERAL
The service provided by Catapult Web is done solely under the terms and conditions of this Catapult Web Terms of Service and any amendment thereto, and any operating rule and policies that may be published from time to time. The Catapult Web Terms of Service comprises the entire agreement between Catapult Web and User and supercedes any prior agreement related to the subject matter herein. BY CONTINUING TO USE Catapult Web's INTERNET SERVICES YOU ARE AGREEING TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT.
If Catapult Web is providing the User with:
Catapult Web is providing User with web page design. Catapult Web is responsible for the content and html only so much as the signed Web Development Contract decrees. User has the option of a continuance contract for maintenance and revisions of the design via contractual agreement only.
Catapult Web may change the Terms of Service from time to time. User will be notified via e-mail or postal mail. Continuation of use of Catapult Web's services will be considered an agreement to the change of terms.
Catapult Web reserves the right to modify, discontinue, temporarily or permanently, the Service with or without any notice to user.
Catapult Web considers all e-mail transmitted via the service to be the private correspondence between sender and recipient. Catapult Web will not monitor, edit, or disclose the contents of a user's e-mail communications, except that User agrees Catapult Web may do so: (a) as required by law; (b) to comply with the legal process; (c) if necessary to enforce the Terms of Service; (d) to respond to claims of third party violations; (e) to protect the rights and property of Catapult Web or others.
User understands and agrees that technical processing of e-mail communications is and may be required, (a) to send and receive messages, (b) to conform to the technical requirements of connecting networks, (c) to conform to the limitations of the Service; or (d) to conform to other, similar requirements.
User acknowledges that Catapult Web does not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes on the intellectual property or other rights of another.
User will receive a password and account designation upon completing the sign-up process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's account and password. User agrees to notify Catapult Web immediately of any unauthorized use of User's password, account or any other breach of security.
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of Catapult Web's Service, and agrees not to interfere with the use of the service by other users. User agrees to be solely responsible for the contents of user's transmissions through the service.
User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of others. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail.
User agrees to indemnify and hold Catapult Web, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorneys' fee, made by any third party due to or arising our of User's use of the service, connection to the Service, violation of the Terms of Service, or violation of any right's of another.
Catapult Web assumes no responsibility for the deletion or failure to store email messages. Catapult Web may establish a limit on the size of message storage it will maintain for User.
User agrees that Catapult Web may terminate User's password, account or use of the Service if Catapult Web believes that (a) User has violated the Terms of service, (b) that User that violated the rights of Catapult Web or other Users or parties. User further agrees that Catapult Web may suspend or terminate user's password, account or use of Service if User fails to pay the required fee's, including a maximum aged balance of two months, or 60 days.
User agrees that any suspension or termination of service under this agreement may be done without prior notice, and acknowledges that Catapult Web may immediately delete any e-mail or files in User's account and bar any further access to such files or the Service.
USER AGREES THAT USE OF THIS SERVICE IS AT USER'S OWN RISK.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOAD OF SUCH MATERIAL/DATA.
CATAPULT WEB MAKES NO WARRANTY FOR GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED THROUGH CATAPULT WEB'S SERVICE.
NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CATAPULT WEB OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
USER AGREES THAT CATAPULT WEB SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CATAPULT WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT CATAPULT WEB SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any notice to User or to the Service shall be made via e-mail or postal mail. The Service may also provide notices of changes to the Terms of Service or other matters by generally displaying notices on the Service.
The Terms of Service and the relationship between User and Catapult Web shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. User and Catapult Web agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Pennsylvania.
The failure of Catapult Web to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such rights or provision. If any provision of the Terms of Service is 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 Terms of Service remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising from the use of the Service of the Terms of Service must be filed within one year after such claim or cause of action arose or forever be barred.
The section titles in the Terms of service are for convenience only and have not legal or contractual effect.