Terms of Service
Catalina Broadband Solutions (“Catalina Broadband Solutions”) agrees to provide you (“User”) with those services (“Service”) set forth on the Application subject to User’s compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Catalina Broadband Solutions exercises no control whatsoever over the content of the information passing through Catalina Broadband Solutions’ system. Use of any information obtained via Catalina Broadband Solutions is at User’s risk. Neither Catalina Broadband Solutions nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Catalina Broadband Solutions make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Catalina Computers, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Catalina Broadband Solutions NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Catalina Broadband Solutions, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER’S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER’S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Catalina Broadband Solutions IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Catalina Broadband Solutions’ LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER’S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Catalina Broadband Solutions in operating the Service, User’s sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Catalina Broadband Solutions, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney’s fees and cost of litigation) incurred or suffered by Catalina Broadband Solutions, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User’s account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Catalina Broadband Solutions in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Catalina Broadband Solutions shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
User represents to Catalina Broadband Solutions that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Material
User understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Catalina Broadband Solutions has no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses- User May Not:
- Send unsolicited email, (known as ‘spam’) to anyone residing on our servers or through our servers, or when dialed into the network. The following types of email sent constitute as spam: Forged emails To/From address other than from the actual sender or to the actual recipient, message subject not related to the email body, email not requested by the recipient, emails sent in bulk by sender, and mail bombs.
- Restrict or inhibit any other user from using and enjoying the Internet;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
- Post on webspace provided any sexually explicit materials or materials that may be offensive.