1. Setup Policy

CatchyHost will setup your account after we have received payment and we have screened the order to eliminate frauds. It is your responsibility to provide us with an email address which is not the domain you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure this email address is current or up to date at all times. If you have a domain name registered with CatchyHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name is correct and up-to-date. CatchyHost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
In case you wish to transfer your site to us our support team will make every effort to help. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

2. Content

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Our services, including all related equipment, networks and network devices are provided only for authorized customer use. CatchyHost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our systems constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. CatchyHost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

CatchyHost reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticketing system/email and will have a response within 48 hours.

Resellers, CatchyHost will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

It is the customer responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password.

Examples of unauthorized materials on all Shared/Reseller servers:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

3. Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in here http://www.spamhaus.org/rokso/index.lasso may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
CatchyHost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
CatchyHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of CatchyHost.

4. Storage and Data Loss

CatchyHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CatchyHost servers.
CatchyHost offers its Services to host web sites on shared/reseller accounts, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in suspension of hosting services with or without prior notice.

5. Backups

CatchyHost performs weekly backups which can be restored by request.
Our Backups made every Monday, and only the newest backups are saved. CatchyHost does not guarantee for these backups, and requires a $10 restoration fee.
Customers can provide their own backup file (which can be made through cPanel) with $0 restoration fee.

Note: Customers should NOT relay on our weekly backups as their main backup! We strongly recommend to use their own backups!

5a. Backup Limit

All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by CatchyHost.

6. Resource Usage

User may not:
- Use 25% or more of system resources for longer than 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
– Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
– Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
– Run any software that interfaces with an IRC (Internet Relay Chat) network.
– Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
– Participate in any file-sharing/peer-to-peer activities
– Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
– Run cron entries with intervals of less than 15 minutes.

7. Cancellations and Refunds

CatchyHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via email — sales@cathyhost.com or via sales ticketing.
CatchyHost gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a 2CheckOut or with PayPal.

There are no refunds on administrative fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Account cancellation might take up to 72 hours.

Violations of the Terms of Service will waive the refund policy.

8. Payment Information

You agree to supply appropriate payment for the services received from CatchyHost, in advance of the time period during which such services are provided. You agree that until and unless you notify CatchyHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies CatchyHost of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via email — sales@cathyhost.com or via sales ticketing. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and © document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of CatchyHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify CatchyHost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by CatchyHost. CatchyHost reserves the right to bill your billing information on file with us. CatchyHost provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to CatchyHost for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales@catchyhost.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and CatchyHost cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact sales@catchyhost.com

CatchyHost reserves the right to change the monthly payment amount and any other charges at any time.

9. Age

The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.

10. Money back Guarantee

Each of CatchyHost’s managed shared and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this does not apply to administrative fees, install fees for custom software, or domain name purchases.

CatchyHost will not activate new orders or activate new packages for customers who have an outstanding balance with CatchyHost. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by CatchyHost in writing.

11. Uptime Guarantee

If your shared/reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of CatchyHost dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@catchyhost.com with justification. All requests must be made in writing via email.

12. Reseller accounts
Resellers are responsible for supporting their clients. CatchyHost does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. CatchyHost will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

13. Shared accounts
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. You must maintain your own backups.

14. Disclaimer

CatchyHost shall not be responsible for any damages your business may suffer. CatchyHost makes no warranties of any kind, expressed or implied for services we provide. CatchyHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries and wrong delivery.

15. Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on CatchyHost.com, and the right to increase the amount of resources given to plans at any time.

16. Indemnification

Customer agrees that it shall defend, indemnify, save and hold CatchyHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against CatchyHost, 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 CatchyHost against liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed in connection with CatchyHost; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; and any defective products sold to customers from CatchyHost’s server.

*CatchyHost reserves the right to revise, amend, or modify its policies at any time.
Notice of any revision, amendment, or modification will be posted.