Terms Of Service
The use of services from Category 5 Productions, [hereafter
referred to as "Provider"] constitutes agreement to these terms.
1) Account Setup / Email on file
We will setup your account after receipt of all required account
information, payment receipt verification and the conclusion of
all order & fraud screening processes. Providing false contact
information of any kind may result in the termination of your
account.
2) Content
All services provided by Provider may only be used for lawful
purposes. The laws of the State of Tx, and the United States of
America apply.
The customer agrees to indemnify and hold harmless Provider from
any claims resulting from the use of our services.
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 anothers
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.
Provider services, including all related equipment, networks and
network devices are provided only for authorized customer use.
Provider 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 Provider system(s) constitutes consent to monitoring for
these purposes.
We 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.
3) Payment Information
You agree to supply appropriate payment for the services
received from Provider, in advance of the time period during
which such services are provided. You agree that until and
unless you notify Provider of your desire to cancel any or all
services received, those services will be billed on a recurring
basis.
Cancellations must be done in writing via the cancellation
process provided. 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.
As a client of Provider, it is your responsibility to ensure
that your payment information is up to date, and that all
invoices are paid on time. Provider provides a thirty (30) day
grace period from the time the invoice is generated and when it
must be paid. Provider reserves the right to change the monthly
payment amount and any other charges at anytime.
4) Cancellations and Refunds
Provider reserves the right to cancel the account at any time
with or without notice. Violations of the Terms of Service will
waive the refund policy.
5) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Provider harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted
against Provider, 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 Provider against liabilities
arising out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection with
Provider; (2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and (4) any defective products sold
to customers from Provider's server.
6) Arbitration By using any Provider services, you agree to
submit to binding arbitration. If any disputes or claims arise
against Provider or its subsidiaries, such disputes will be
handled by an arbitrator of Provider's choice. An arbitrator
from the American Arbitration Association will be selected.
Arbitrators shall be attorneys or retired judges and shall be
selected pursuant to the applicable rules. All decisions
rendered by the arbitrator will be binding and final. The
arbitrator's award is final and binding on all parties. The
Federal Arbitration Act, and not any state arbitration law,
governs all arbitration under this Arbitration Clause. You are
also responsible for any and all costs related to such
arbitration.
7) Disclaimer
Provider shall not be responsible for any damages your business
may suffer. Provider makes no warranties of any kind, expressed
or implied for services we provide. Provider disclaims any
warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries,
wrong delivery, and any and all service interruptions caused by
Provider and its employees.
8) Disclosure to law enforcement
Provider may disclose any subscriber information to law
enforcement agencies without further consent or notification to
the subscriber upon lawful request from such agencies. We will
cooperate fully with law enforcement agencies.
9) Changes to the TOS
Provider reserves the right to revise its policies at any time
without notice.
How To Contact Us
Should you have other questions or concerns about these privacy
policies, please call us at 832-643-9782 or send us an email at
cat5productions@gmail.com.
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