All services provided by Fat Cat Design (“Fat Cat Design”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The client/customer/subscriber (“subscriber”) agrees to indemnify and hold harmless Fat Cat Design from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Fat Cat Design’s servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• pirated software
• hacker programs or archives
• Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL AUDIO FILES, ILLEGAL VIDEO FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $1,000.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, FAT CAT DESIGN WILL NOTIFY THE PROPER AUTHORITIES.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Fat Cat Design is strictly prohibited. As our subscriber, you are responsible for all your account(s) and account information. Should you violate the Terms of Services outlined within, your account will be terminated without refund.

Refusal of Service
Fat Cat Design reserves the right to refuse, cancel, suspend, or terminate service, at its sole discretion, at any time, without refund.

Billing and Payment
By the Account Activation Date of each billing cycle, Fat Cat Design shall either:
(1) auto-charge the customer’s debit or credit card; or
(2) online payment via Fat Cat Design’s online payment portal;
(3) IN PRE-APPROVED CIRCUMSTANCES ONLY, allow for subscriber payment via check.

Any and all invoice(s) delivered to the subscriber shall be paid to Fat Cat Design no later than the specified payment due date.

Late Fees and Finance Charges
Late fees and finance charges are automatically accrued for late payments or non-payments. Subscriber agrees to pay late fees, finance charges, or any other fees assessed by Fat Cat Design. Failure to do so by subscriber will result in legal action(s), with additional legal costs incurred payable by subscriber.

Insufficient Funds
In the event that there are insufficient credit or funds from a subscriber’s payment, Fat Cat Design will send e-mail notification to the subscriber, at which point re-payment and full payment, including any late fees, finance charges, or any other assessed fees,  must be made within 24 hours. Failure to receive payment from said subscriber within 24 hours will yield in suspension of all the accounts and services for said subscriber.

Immediate Termination
Fat Cat Design shall be entitled to immediately terminate any and all services for any subscriber’s failure to make timely payments.

Outstanding Fees
Should subscriber terminate any services or agreement with Fat Cat Design, subscriber shall be responsible for any and all outstanding fees owed to Fat Cat Design and agrees to pay any and all fees incurred, regardless of when subscriber provides notice of termination.

Money back guarantee & refund policy
Fat Cat Design does not grant refunds of any kind, under any circumstances, whether partial or in full.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $200.00 prior to reactivation.

Cancellations
Fat Cat Design requires a minimum of 30 days’ notice prior to any renewal date for service cancellations.

Subscriber Indemnification
Should subscriber become delinquent or otherwise non-compliant with Fat Cat Design Terms of Service and/or Terms of Conditions, subscriber is bound to indemnification; as in, is responsible for, and agrees to, compensating Fat Cat Design for any and all losses, damages, financial or otherwise.

Subscriber Bound by Terms of Services
By engaging in any service with Fat Cat Design, subscriber is automatically bound by these Terms of Services.

Subscriber Transfer(s), Changes of/to Ownership, Subscriber Identity Changes
Should subscriber transfer ownership of subscriber’s company, entity, or organization to any other entity (such as transferring, selling, renaming its business or property, or otherwise changing or altering its business/company identity, whether it be LLC, corporation, DBA, sole proprietor, individual, or any other entity that has engaged and embarked on any services with Fat Cat Design), the new entity assumes all binding agreements within this Terms of Services, regardless of when the initial subscriber first engaged in services with Fat Cat Design, and regardless of when the subscriber transfer occurred.

File Retention
Upon termination of subscriber services, all files stored on Fat Cat Design servers of any kind (website files, content, credentials, etc.), will be deleted.

Subscriber File Retention Responsibility
Subscriber is responsible to maintain a copy at all times of any and all data, including files, content, credentials, etc. Fat Cat Design is not responsible for maintaining or storing said content on behalf of subscriber.

Refusal of Service
We reserve the right to refuse, suspend, or cancel service at our sole discretion.

Limitation of Liability
Fat Cat Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Fat Cat Design servers going off-line or being unavailable for any reason whatsoever. Furthermore, Fat Cat Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption, deletion, or other failure to maintain or uphold the integrity of any website, files, designs, or data from Fat Cat Design’s servers, client files, or any other sources.

Violations
Violations of these Acceptable Use Policies should be referred to admin@fcdesign.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Fat Cat Design cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Fat Cat Design are resold. Thus, certain equipment, routing, software and programming used by Fat Cat Design are not directly owned or written by Fat Cat Design. Moreover, Fat Cat Design holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Fat Cat Design sees fit.

Account Activation
By activating any project, service, or agreement with Fat Cat Design, and/or activating any account with Fat Cat Design, you agree to and are automatically bound by these policies, guidelines, terms, conditions, and disclaimers.

Upon requesting activation of an account, you are required to accept, and are automatically bound by, these policies, guidelines, terms, conditions, and disclaimers.

Fat Cat Design reserves the right to amend any or all of the above policies, guidelines, terms, conditions, and disclaimers without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Fat Cat Design maintains a firm commitment to privacy. We use your IP address to help manage and administer our server.

Acceptable Use Policy (“AUP”)
As a provider of website hosting and other internet (“Internet”)- and web-related services, Fat Cat Design offers its subscribers and users the means to acquire and disseminate public, private, commercial, and non-commercial information. Fat Cat Design respects that the internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Fat Cat Design reserves the right to take preventative or corrective actions. In order to protect these competing interests, Fat Cat Design has developed an Acceptable Use Policy (“AUP”), which supplements and terms of Fat Cat Design’s customer services, and is intended as a guide to the customer’s rights and obligations when using Fat Cat Design’ services. This AUP may be revised at any time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Fat Cat Design cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Fat Cat Design cannot monitor or censor the Internet, and will not attempt to do so, Fat Cat Design cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Fat Cat Design does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Fat Cat Design’s network and may reach a large number of people, including both subscribers and non-subscribers of Fat Cat Design, subscribers’ postings to the Internet may affect other subscribers and may affect Fat Cat Design’s goodwill, business, reputation or operations.

For these reasons, the following are prohibited and will result in immediate termination, legal reporting, and legal action:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Fat Cat Design, but also because it can overload Fat Cat Design’s network and disrupt service to Fat Cat Design subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Fat Cat Design will investigate and shut down the account that is SPAMing. A $3,000 charge for violating this policy will be charged to the individual initiating the SPAM. Furthermore, Fat Cat Design reserves the right to legally prosecute for this violation. A $20.00 charge will be assessed PER EMAIL sent should Fat Cat Design choose to pursue and prosecute.

Adult-Oriented Content:
Fat Cat Design does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
Fat Cat Design is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size. Such files include but are not limited to .ISO, audio/video files, image files, PDF files, downloads, etc. If you are unsure whether your file is against this policy, please e-mail admin@fcdesign.net.

Obscene Speech or Materials:
Using Fat Cat Design’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Fat Cat Design is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Fat Cat Design’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks (Hacking):
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”) is prohibited. Any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

Usenet Groups:
Fat Cat Design reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Fat Cat Design determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Fat Cat Design will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the subscriber complies with Fat Cat Design policies or applicable law. However, when Fat Cat Design becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a website, implementing screening software or applications to block offending transmissions, denying access to Fat Cat Design servers, or any other action deemed appropriate by Fat Cat Design.

Fat Cat Design reserves the right too monitor activity and services electronically to determine that its facilities are operating satisfactorily and in compliance with all Terms and Conditions.

Fat Cat Design may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request.

Fat Cat Design assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice.

Fat Cat Design may disclose subscriber information or information transmitted over its network where necessary to protect Fat Cat Design and others from harm, or where such disclosure is necessary, to the proper operation of the system.

Fat Cat Design will never sell information to other services or outside companies.

Fat Cat Design expects and requires that its subscribers, and subscribers that provide Internet services to others, will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Fat Cat Design policy.

By engaging with Fat Cat Design with regard to any and all services, subscribers agree to, and are bound by, these Terms of Services, and subscribers indemnify Fat Cat Design for any violation of these Terms of Services.

By engaging with Fat Cat Design with regard to any and all services, subscribers agree to Fat Cat Design’s policy resulting in loss to Fat Cat Design or the bringing of any claim against Fat Cat Design by any third party. This means that, if Fat Cat Design is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Fat Cat Design, plus costs and attorney’s fees.

Contacting Fat Cat Design
If you have any questions about this privacy statement, the practices of this site, or your dealings with Fat Cat Design, you can contact: admin@fcdesign.net.