AGREEMENT

This Agreement sets forth the Standard Terms and Conditions that apply to the use of the CatholicSkyHost Services. YOUR USE OF THE CatholicSkyHost SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.   You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the services to which such terms apply.

USER CONDUCT

You agree to abide by all applicable local, national and international laws and regulations regarding your use of our service.

USER ELIGIBILITY

You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide CatholicSkyHost with your full legal name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

CONTENTS OF MESSAGES

You are responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use CatholicSkyHost to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, province, national or international law or regulation. CatholicSkyHost reserves the right to terminate your account without prior notice if CatholicSkyHost becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CatholicSkyHost Service you warrant to CatholicSkyHost that you will not use the CatholicSkyHost Service for any unlawful purpose.

TERMS OF PAYMENT

You agree to pay CatholicSkyHost appropriate payment for the services received from CatholicSkyHost, in advance of the time period during which such services are provided. You agree to provide CatholicSkyHost with current billing and contact information and authorize CatholicSkyHost to bill all account and related charges to the credit card on file. You further agree that until and unless you notify CatholicSkyHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that prepayments will be billed and charged automatically, that CatholicSkyHost may apply the amount due to the provided card at any time, and will issue absolutely no refunds. If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit such a card within five business days of the original attempt. Should the card be denied again, we may terminate the account, and the resubmission fees (up to $50.00) will need to be paid before the account can be reactivated. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements. CatholicSkyHost reserves the right to change prices at any time.

WEBSITE CONTENT

You are responsible for keeping a copy of their most current website files as backup on a remote system. CatholicSkyHost is not responsible for any lost files, information, or data.

USER RESPONSIBILITIES

You may not initiate any of the following on the CatholicSkyHost servers:

• Any process that requires more than 1% of all available system resources at any time.
  
• Any other service that performs CGI services for any site not within the account, such as a banner exchange.
  
• Any stand-alone, unattended server-side processes. This includes any and all daemons, such as IRCD (internet relay chat daemon).
  
• Any software that interfaces with an IRC (Internet Relay Chat) network.
  
• Any site with adult-oriented content, including but not limited to any pornographic or sexually explicit material. CatholicSkyHost is required by law, to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, CatholicSkyHost's network.

Users are also required to abide by the following rules:

• No database may be used for logging of information available through our server logs (ie traffic counters). Please contact us if you need detailed statistics for your website, we can work with you to develop a manageable solution.
  
• Databases are only to be used for CatholicSkyHost-hosted websites, and no outside access will be granted.
  
• No cron job may run more than once every two hours.
  Software such as HumanClick, LivePerson and other similar customer communication tools are fully allowed on our servers, as long as they are within the guidelines of this Agreement.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by CatholicSkyHost, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future CatholicSkyHost policy decisions.

ZERO TOLERANCE SPAM POLICY

CatholicSkyHost takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and will be billed at a rate of $10 for each recipient to whom the message was sent, regardless of whether the messages were sent from our server, or from another server advertising a site hosted on our servers. CatholicSkyHost reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion. CatholicSkyHost also reserves the right to make any such modifications in an emergency at our sole discretion.

MONITORING OF SERVICE

You agree that CatholicSkyHost has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.  CatholicSkyHost reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. CatholicSkyHost also reserves the right to refuse refunds in cases where CatholicSkyHost believes abuse has taken place.   CatholicSkyHost reserves the right to monitor any and all communications through or with our facilities. You agree that CatholicSkyHost is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

SHARING OF ACCOUNT SPACE & RESALE RESTRICTIONS

You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account.

30-DAY MONEY BACK GUARANTEE REFUND POLICY

The 30 day guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. Refunds will not be given on domain registration fees and dedicated servers orders. All inquiries regarding this guarantee should be directed to our Billing Department via Support Center.

DEDICATED SERVER REFUND POLICY

Dedicated Servers orders are not covered by 30-day Money Back Guarantee.
The payments for Dedicated Servers are non-refundable.

TERMINATION

CatholicSkyHost may terminate this agreement and your access to any or all CatholicSkyHost related services at any time, with or without cause, effective immediately. CatholicSkyHost shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by CatholicSkyHost to have violated these Terms of Service may be barred from receiving any services from CatholicSkyHost.

You may terminate this Agreement at any time by e-mailing the support department at CatholicSkyHost with your name, e-mail address, last 4 digits of your credit card and reason for canceling. No refund shall be issued if information submitted is incorrect or if not covered by 30-Day Money Back Guarantee (see above). CatholicSkyHost must receive all termination requests by midnight on the end of the previous month in order to avoid paying for the next month's service.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE CatholicSkyHost SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CatholicSkyHost EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE CatholicSkyHost SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CatholicSkyHost, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CatholicSkyHost, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CatholicSkyHost SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE CatholicSkyHost SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CatholicSkyHost RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT CatholicSkyHost IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM HCatholicSkyHost AND ITS AFFILIATES.

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

FORCE MAJEURE

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of CatholicSkyHost, CatholicSkyHost is unable to perform in whole or in part its obligations as set forth in this Agreement, then CatholicSkyHost shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make CatholicSkyHost liable to the User.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless CatholicSkyHost against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with CatholicSkyHost.

REMEDY

You agree that your sole and exclusive remedy to any issues relating to the CatholicSkyHost Service is to discontinue using the Service.

ASSIGNMENT

In the event of a merger or consolidation of CatholicSkyHost, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

WAIVER

The failure of CatholicSkyHost to enforce a provision of this Agreement shall not be construed as a waiver or limitation of CatholicSkyHost's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

MODIFICATION OF TERMS

CatholicSkyHost reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the CatholicSkyHost Website. You are responsible for regularly reviewing these documents. Continued use of the CatholicSkyHost Services after any such changes shall constitute your consent to such changes. CatholicSkyHost does not and will not assume any obligation to notify you of any changes to the Terms of Service.