A Cat House - Terms of Use

A Cat House Terms of Service Agreement

Last Revision: November 13, 2009

This Agreement includes A Cat House's policy for acceptable use of the A Cat House Services and Content posted on the A Cat House Website, your rights, obligations and restrictions regarding your use of the A Cat House Services and A Cat House's Privacy Policy. A Cat House is a community oriented web content provider. The services offered by A Cat House include the A Cat House website, and any other features, content, or applications offered from time to time by A Cat House a division of Spruz Inc. ("The Corporation"). Spruz Inc. is a Tennessee Corporation based in Seymour, TN with hosting facilities located in Dallas, TX and Atlanta, GA

Terms of Service

This Terms of Service Agreement ("Agreement") is a legally binding agreement between site users and the company for your use of A Cat House Services. By using the A Cat House Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the A Cat House Website) or you are a "Member" (which means that you have registered with A Cat House). You are only authorized to use the A Cat House Services if you agree to abide by all applicable laws both federal and of the State of Tennessee and to this Agreement. If you do not agree with it, you should leave the A Cat House Website and discontinue use of the A Cat House Services immediately. If you register for full use of this site, you must read this Agreement and indicate your acceptance during the Registration process.

A Cat House may modify this Agreement from time to time and any change in this agreement shall be effective upon posting on the A Cat House Website without prior notice. You agree to be bound to any changes to this Agreement when you use the A Cat House Services after any modification is posted. You are required to check this agreement regularly to ensure you are updated as to any changes.

Special Personal Profile Restrictions

Please choose carefully the information you post on A Cat House and that you provide to other Users. Your A Cat House may not post publicly the following items to your personal page unless it is required by a design component of the A Cat House website: telephone numbers, street addresses, last names, and any photographs excessively violent, harassing, containing nudity, or obscene, lewd, sexually explicit or otherwise inappropriate ubject matter. Despite this prohibition, information provided by other A Cat House Members (for instance, in their Profile) may contain inaccurate, inappropriate, products or services, offensive or sexually explicit material, and A Cat House assumes no responsibility or liability for this material. If you become aware of misuse of the A Cat House Services by any person, please contact A Cat House or click on the "The Report User" link located on every profile page.

A Cat House reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the A Cat House Services at any time, for any reason, without prior notice, and without liability.

Eligibility. Use of and Membership in the A Cat House Services is void where prohibited. By using the A Cat House Services, you represent and warrant that;
1. All registration information you submit is truthful and accurate.
2. You will maintain the accuracy of such information.
3. You are 13 years of age or older; born on or before 11/24/1996.
4. Your use of the A Cat House Services does not violate any applicable federal or state law and/or regulation.
5. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Term. This Agreement shall remain in full force and effect while you use the A Cat House Services or are a member. A Cat House may terminate your membership or site access at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-15.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the A Cat House Services. A Cat House reserves the right to investigate and take appropriate legal action against anyone submitting, posting, linking or in any way displays prohibited content on A Cat House Services.
Restricted/Prohibited Content:
1. Harasses or advocates harassment of another person;
2. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic a profile or website.
The following is a partial list of the kind of activity that is illegal or prohibited on the A Cat House Website and through your use of the A Cat House Services. A Cat House reserves the right to investigate and take appropriate legal action against anyone who, in A Cat House's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the A Cat House Services without the purchase of A Cat House upgraded services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the A Cat House Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, A Cat House reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which A Cat House deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the A Cat House Services, you acknowledge that you will have caused substantial harm to A Cat House, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay A Cat House $50 for each such unsolicited email or other unsolicited communication you send through the A Cat House Services;
3. covering or obscuring the banner advertisements on your personal profile page, your A Cat House powered website or any A Cat House page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to post comments or messages;
5. attempting to impersonate another Member or person;
6. interfering with, disrupting, or creating an undue burden on the A Cat House Services or the networks or services connected to the A Cat House Services;
7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. using any information obtained from the A Cat House Services in order to harass, abuse, or harm another person;
9. displaying an advertisement on your profile or non-upgraded website; or
10. using the A Cat House Services in a manner inconsistent with any and all applicable laws and regulations.
Fees. You understand Spruz Inc. has the right to charge for the site owner for Services and to change its fees from time to time in its discretion. If A Cat House terminates your Website or Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Domain Usage. When accessing a website on our network you may only use domains that are registered on the platform. We forbid domain forwarding and redirection.
Password. When you create your account, you will be asked to choose a password. Your password is designed for only you to know. You agree not to use the account, username, or password of another registered member at any time. You agree to notify A Cat House immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account.
Commercial use. A Cat House Services are for the registered members only and may not be used in connection with any commercial endeavors except those that are specifically approved or provided by A Cat House, and/or your website is upgraded within 60 days of commercial/business use. Unauthorized use of the A Cat House Services, including collecting usernames, passwords and/or email addresses of other registered members by electronic or other means is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the A Cat House Services.
Proprietary Rights in Content on A Cat House.
1. A Cat House does not have any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that is submitted, uploaded or posted by any member, user or visitor of A Cat House Services. After posting you continue to maintain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the A Cat House Services, you hereby grant to A Cat House a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the A Cat House Services.
2. You represent and warrant that: (i) you own the content sent by you on or through the A Cat House Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the A Cat House Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the A Cat House Services.
3. The A Cat House Services contain Content of A Cat House ("A Cat House Content"). A Cat House Content is protected by copyright, trademark, patent, trade secret and other laws, and A Cat House owns and retains all rights in the A Cat House Content and the A Cat House Services. A Cat House hereby grants you a limited, revocable, license to reproduce and display the A Cat House Content (excluding any software code) solely for your personal use in connection with viewing the A Cat House Website and using the A Cat House Services.
4. The A Cat House Services contain Content of Users and other A Cat House licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the A Cat House Services.
Content Posted.
1. A Cat House may delete any Content that in the sole judgment of A Cat House violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Spruz Inc. assumes no responsibility for monitoring the A Cat House Services for inappropriate Content or conduct.
2. You are solely responsible for the Content that you post to or on any of the A Cat House Services. A Cat House does not endorse and has no control over the Content. Content is not necessarily reviewed by A Cat House prior to posting and does not necessarily reflect the opinions or policies of A Cat House. A Cat House makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Deletion of Websites. A Cat House is not a storage company. Free Websites with little or no traffic over any 30 day period may be deleted at anytime. We will make best effort to send an email notice 5 days before a site is deleted. Paid websites are never deleted under any condition.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to A Cat House, members or posted A Cat House hosted sites without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of A Cat House to terminate access privileges of any one who repeatedly infringes the copyright rights of others upon receipt of proper notification to A Cat House by the copyright owner or the copyright owner's legal agent.
Member Disputes. You are solely responsible for your interactions with other A Cat House Members. A Cat House reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy. Use of the A Cat House Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Email Notices. All site owners that create websites automatically opt-in for all email notices that directly reference your created websites. These emails may contain updates, information, promotions, etc. that directly pertain to your created website. If you want to opt-out of our email notices you can remove your website by going to your Website Account page and clicking on delete.
Disclaimers. A Cat House is not responsible for any incorrect or inaccurate Content posted on the A Cat House Website or in connection with the A Cat House Services, whether caused by Users of the A Cat House Services or by any of the equipment or programming associated with or utilized in the A Cat House Services. Profiles created and posted by Members on the A Cat House Website may contain links to other websites. A Cat House is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by A Cat House. Inclusion of any linked website on the A Cat House Services does not imply approval or endorsement of the linked website by A Cat House. When you access these third-party sites, you do so at your own risk. A Cat House takes no responsibility for third party advertisements which are posted on this A Cat House Website or through the A Cat House Services, nor does it take any responsibility for the goods or services provided by its advertisers. A Cat House is not responsible for the conduct, whether online or offline, of any User of the A Cat House Services. A Cat House assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. A Cat House is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the A Cat House Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the A Cat House Services. Under no circumstances shall A Cat House be responsible for any loss or damage, including personal injury or death, resulting from use of the A Cat House Services, attendance at a A Cat House event, from any Content posted on or through the A Cat House Services, or from the conduct of any Users of the A Cat House Services, whether online or offline. The A Cat House Services are provided "AS-IS" and as available and A Cat House expressly disclaims any warranty of fitness for a particular purpose or non-infringement. A Cat House cannot guarantee and does not promise any specific results from use of the A Cat House Services.
Disputes. If there is any dispute about or involving the A Cat House Services, you agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of Knoxville.
Copyright infringement. If you believe that your work has been copied and posted on the A Cat House Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the A Cat House Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. A Cat House's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, A Cat House, Inc., 319 Blue Peacock Way, Seymour, TN 37865; Facsimile: (865) 609-2698; Attn: Copyright Agent; and email: copyright@spruz.com.
Limitation on Liability. IN NO EVENT SHALL A Cat House BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF A Cat House HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, A Cat House'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO A Cat House FOR THE A Cat House SERVICES DURING THE TERM OF MEMBERSHIP.
Indemnity. You agree to indemnify and hold Spruz Inc, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the A Cat House Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the A Cat House Website or through the A Cat House Services causes A Cat House to be liable to another.
Other. This Agreement is accepted upon your use of the A Cat House Website or any of the A Cat House Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and A Cat House regarding the use of the A Cat House Services. The failure of A Cat House to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. A Cat House is a trademark of A Cat House, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Contact A Cat House with any questions regarding this Agreement.

BY READING THIS AGREEMENT YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS HEREIN.