Introduction

This Acceptable Use Policy constitutes an Agreement between California Catalog & Technology (“CCT Online”) and it’s account holders (“Customers”) and System Users (“Users”). This Agreement applies to all CCT Online Customers and all Users who access CCT Online Network Systems or Services. This Agreement represents the complete agreement and understanding between CCT Online and its Customers and Users and supersedes any other written or oral agreement. Upon notice published on-line via CCT Online’s web site (http://www.cctonline.net) or E-mail notification to Customers, CCT Online may modify the terms and conditions of this Agreement. CCT Online Reserves the right to discontinue or change any service offered with or without prior notice.

By using or accessing any CCT Online Network System or Service, you are constituting your approval and acceptance of this agreement. Acceptance of this agreement is a condition to use or access CCT Online Network Systems and Services. If you do not agree to these terms and conditions, you are not permitted to use or access any part of the CCT Online Network System or Services. If you are a Customer, please notify our billing department at 1.866.339.7100 so closure of your account may be initiated.

 

Terms and Conditions and Acceptable Use

Limitation of Warranty

CCT Online makes no warranties of any kind, whether expressed or implied, for the service it is providing. CCT Online also disclaims any warranty of merchantability or fitness for a particular purpose. CCT Online will not be responsible for damages suffered by any Customer, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data or access resulting from delays, non-deliveries, misdeliveries, system failures or service interruptions cause by any source whatsoever, including CCT Online’s own negligence, subscriber’s errors or omissions, or due to the fault of third parties. Customers understand and agree that CCT Online undertakes no obligation to maintain, protect or safeguard Customer’s data stored on any CCT Online equipment and Customer agrees to accept responsibility for maintaining backup copies of all such data. Customer agrees to upload and store data to CCT Online equipment at Customer’s own risk and Customer expressly assumes such risk.

 

Compliance with Law and Intellectual Property Rights

Customers and Users agree that all services provided by CCT Online will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data, or material in violation of any U.S., State, or International law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, obscene or pornographic material or content. Customers and Users warrant that any data uploaded for publication on CCT Online’s servers does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others, or contains anything obscene, libelous, or anything which CCT Online deems inappropriate. Inappropriate content is always declared at CCT Online’s discretion.

 

Removal and Destruction of Illegal or Offensive Data

Customers and Users agree that CCT Online shall have the absolute right to remove any and all materials, which, in the sole and unrestricted discretion of CCT Online, violate law or fail to conform with this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.

 

Indemnity

Customers and Users agree to defend, hold harmless, and expeditiously indemnify CCT Online from any liability, claim, loss, damage, or expense arising out of the Customer’s or User’s breach or violation of any term, condition, or covenant contained in this Agreement or resulting from the use of any CCT Online Network System or Service.

 

Use of Network Access

CCT Online access and accounts cannot be transferred or used by anyone other than the CCT Online Customer or authorized User, except when noted in an Agent Contract. Customers and Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of CCT Online via an Agent Contract. Use of Network bandwidth is expected to be reasonable, moderate, and within means of billed services. CCT Online reserves the right to impose additional charges for use of Network bandwidth in excess of reasonable or allocated amounts. Customer will receive notice of CCT Online’s intent to impose any such charges.

 

Account Cancellation

CCT Online reserves the right to cancel service for any reason without prior notice. In the event of cancellation, unused fees for the current term will not be refunded or pro-rated. Customers must notify CCT Online prior to the end of their current billing period to avoid further charges. Notification will be accepted via e-mail, fax, telephone call, or letter. Confirmation of cancellation must be received by customer for cancellation to be effective. CCT Online is not responsible for unconfirmed cancellations and will not refund charges for unconfirmed cancellations. Customers canceling service within the money back guarantee period (within 15 days of initial sign-up) will have their monthly service fee fully refunded. Setup fees will not be refunded except with CCT Online’s discretion.

 

Agreements with Minors

CCT Online requires that its agreements be made with a person who is qualified to contract. As such, Customers must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and assume responsibility for payment of CCT Online services and for Customer’s compliance with this Agreement.

 

Disruption of Network Systems or Services, Excessive Use

Customers and Users shall ensure that use of CCT Online’s Network Systems and Services shall not disrupt CCT Online, its associated networks or equipment forming part of CCT Online’s or the Internet’s systems. Customers and Users shall not transmit any communication where the meaning of the message or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, “broadcast,” or otherwise sent on an intrusive basis to any CCT Online User or to any directly or indirectly attached network. Use of CCT Online’s Internet connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive, as determined by CCT Online shall be considered a breach of this Agreement and may result in cancellation of service. It is not acceptable to use CCT Online’s services and facilities to interfere with or disrupt other network systems, services, equipment, or users. Such interference or disruption includes, but is not limited to: improper, harassing or offensive distribution of unsolicited advertising, excessive newsgroup cross-posting, transmissions of any type of quantity that causes disruption of service to others, propagation of computer worms or viruses, use of the network or system to make unauthorized entry to other computer networks, information or communications devices or resources, sustained, excessive use of CCT Online’s access service, equipment or network connection without prior arrangement with CCT Online.

 

Automated Software and Connections, Servers

The installation, compiling, use, or implementation of any of the following are prohibited without express permission: Robots, Bots, Mail Bombs, Syn Bombs or Attacks, Spamming of any kind, etc. Any process that causes excessive use of system resources to the point where other users may be affected is strictly prohibited. Software may not be installed on or complied on any CCT Online server without prior explicit permission. The use of any unattended connection software is prohibited without prior permission. All CCT Online accounts are for the use of human beings and require that a human being be present to initiate and monitor connections. CCT Online has a 20 minute inactivity timeout. The use of any program to circumvent this timeout is strictly prohibited. Any violation may result in immediate termination of service. Any Server running through a CCT Online access account must follow the terms and conditions stated within this Agreement.