Terms of Service
Last Modified: 12/25/2022
List of links referred in the documents:
我们在这里提供了中文版，此版本为方便中文读者参考，且仅供参考 — 具体规则以英文原本实行
USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.
By using the Services, you represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Services at any time or in any manner, or submit any information to WireCat or the Services.
If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such a business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.
(a) These Terms. WireCat can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Services. We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain how you can accept or reject the changes. If you do not agree with any of the updated Terms, you must stop using the Services. Unless otherwise required by law, the updated Terms are effective as of the day of posting.
(b) The Services. WireCat may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.
(c) Paid subscriptions. Please note that if you are under paid-subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will also notify you of such changes. Any changes will become effective after your then-current subscription expires or terminates. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment.
(e) Executed Contract(s). If You have entered into a separate executed (i.e. signed) agreement for services with WireCat (collectively and individually, “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.
(a) If you purchase any Services that we offer for a fee, either on a one-time or on a Subscription basis (collectively “Fees”), you agree and consent to WireCat’s use of third-party payment providers for billing and processing online payments (see below), and you agree to pay the applicable Fees for the Services (including, without limitation, periodic fees for Subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Unless otherwise indicated, we may invoice Fees for Services in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.
(b) Services are billed on an automatic, auto-renewal and recurring basis unless and until you follow WireCat's cancellation procedure set forth in this Agreement. Your obligation to pay fees continues through the end of the Subscription Term. Our Subscriptions may be subject to usage limits. You agree and understand that we verify use of the Service periodically. If as part of a routine verification process, we determine that Usage exceeds the current amount of usage limits purchased, we reserve the right to invoice you for the additional use. We may contact you to discuss your current plan and other options available to you. You agree to upgrade to a higher usage plan if necessary.
(c) At the time of service activated, You will be issued with an invoice and ask for payment. If you provide a payment method, You expressly authorize WireCat to charge said payment method at regular intervals subject to Your particular Subscription. WireCat reserves the right to contract with a third party to process all payments. Such third parties may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, WireCat reserves the right to charge You interest at one and one percent (1%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid.
(d) You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. WireCat is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If WireCat should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, WireCat will invoice You for the difference between payment received and the Fees due. You also agree to pay all attorney and collection fees arising from WireCat's efforts to collect any past-due Fees.
(e) If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that WireCat, at its sole discretion, may not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees. Any refunds, if any, will be refunded to the original method of payment only.
(f) If you do not pay on time or if WireCat cannot charge your payment method for any reason, WireCat reserves the right to either suspend or terminate your Subscription, access to the Services, and/or Account and terminate these Terms. Unless otherwise stated, we will fully terminate the service if it is overdue for three (3) days.
(h) Coupons and Discount Codes. From time to time, WireCat may offer coupons or other discount codes which may be used when signing up for Services with Us. Some coupons and discount codes are for first-time customers of WireCat only and must be used at the time of Your initial purchase with Us – they may not be applied after commencement of the Services. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to Termination for Cause (see Section 5).
(a) WireCat may terminate your Subscription in its sole discretion at any time for any reason or no reason ("Termination without Cause"). In such case, WireCat will provide You with seven (7) days written notice, usually in the form of email, before the discontinuation of Services. If WireCat cancels your Subscription pursuant to any of the terms outlined in these Terms, with the exception of Termination without Cause, WireCat shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that WireCat terminates the Agreement for cause, all prepaid Fees will be forfeited and are not refundable. The termination of your Subscription does not relieve You of Your obligation to pay any Fees accrued or payable to WireCat prior to the effective date of termination of your Subscription.
(b) In addition to WireCat's right to terminate your Subscription provided elsewhere in these Terms, WireCat may terminate your Subscription effective immediately if, based on WireCat's sole judgment, it determines that You or any of Your end users: (i) have breached the Acceptable Use Policy ("AUP"), (ii) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (iii) have not complied with any applicable law, statute or regulation, or (iv) have uploaded, published or disseminated any images, text, graphics, code or video which WireCat considered illegal or high risk, in its discretion, or (v) breached these Terms. Nothing contained in these Terms is intended to, or shall, impose any duty or obligation upon WireCat to monitor or review Your Content (defined in Section 8) or the content of Your end users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
(c) The termination of your Subscription will end Your access to the Services and Your license to the Materials. WireCat shall not be liable to You or to any third party for termination of the Services permitted under these Terms. Upon termination of your Subscription, WireCat reserves the right to maintain copies of Your data files and records for archival purposes but does not undertake any obligation to do so. WireCat reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
(d) If either party cancels or terminates your Subscription for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement service provider and timely moving all electronic data, graphics, images, video, text or hardware equipment to the new service provider. We will provide necessary access for you to move your equipment, if any are involved. However, any extra charge generated during the process and unpaid invoice on the corresponded accounts have to be paid in full upfront before the process begins. Any hardware equipment will have thirty (30) days to be handled by the owner. After that, WireCat does not hear back from you, or have agreements on how to handle the device, WireCat may charge extra fee for storage of equipment, calculated in days. If the device is unclaimed after 90 days, WireCat will take over the ownership of the device and even charge fees for unloading and recycling devices via legal manner.
(e) WireCat will not have any liability whatsoever to you for any suspension or termination, including for deletion of Content. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may close your Account by using the feature provided in the Services or, in the alternative, by emailing us at firstname.lastname@example.org. We will proceed to close your Account and send you an email confirmation.
6.1 Back ups & data loss. You agree that Your use of WireCat's Services is at Your own risk, and that WireCat is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups. Should you wish for WireCat to provide you with routine backup services, in addition to the Services provided under these Terms, please Contact Us. We offer many different backup solutions as an add-on service to Our regular Services, and all such services are provided through a separate, written agreement.
6.2 Resource Usage. WireCat reserves the right to suspend services or disable accounts if the account unduly stresses system resources. WireCat will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance.
6.3 Security. Any violation of the security to the Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of these Terms and the AUP. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware or software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system, cyberthreats, or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your Account as per these Terms.
6.4 Bandwidth usage. Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, we reserve the right to charge you overage fees.
6.5 Publicity. You grant us the non-exclusive, royalty-free, worldwide right and license to add your name, trademark and company logo (“Customer Marks”) to our customer lists, websites and marketing materials for the purpose of denoting your status as a customer and/or user. You can opt-out of this use by contacting us at email@example.com. Notwithstanding the foregoing, nothing herein will limit our ability to use such Company Marks as otherwise permitted under relevant law.
WireCat does not permit copyright-infringing activities and infringement of intellectual property rights on the Services, and pursuant to the safe-harbor provisions provided by the Digital Millennium Copyright Act of 1998 (“DMCA”), WireCat will remove User Content if properly notified that such User Content infringes on another's intellectual property rights. WireCat reserves the right to remove User Content without prior notice.
(a) You are responsible for the information, text, opinions, messages, comments, audio visual works, motion pictures, photographs, animation, videos, graphics, sounds, music, software, Apps, and any other content or material that You or your end users submit, upload, post, host, store, or otherwise make available (“Make Available”) on or through the Services (collectively, “Your Content,” “Content” or “User Content”). You may not Make Available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any such right protects any material is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make or submit. As between you and us, you own your User Content and you have full responsibility for all User Content you make or submit, including its legality, reliability and appropriateness, while using the Services. You hereby grant to WireCat a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and otherwise use and commercialize the User Content in any way that WireCat deems appropriate, without any further consent, notice and/or compensation to you or to any third parties, for purposes of providing the Services to you.
(b) WireCat will not actively monitor Content being hosted by WireCat, although WireCat, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your Account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. WireCat will investigate complaints of a violation of a third-party right or of the AUP. WireCat will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. WireCat will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in these Terms, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of these Terms between us, the parties.
(c) You acknowledge and expressly agree that WireCat will not be liable to You or any of Your end users for any action WireCat takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the DMCA.
(d) WireCat may, at its sole discretion, immediately terminate Your Account and access to the Services, and terminate these Terms for cause, if Your conduct violates our Policies (See Section 10), or if any of Your end users' or downstream customers' conduct violate such Policies. We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the DMCA.
(e) Child Pornography. WireCat takes the issue of child pornography very seriously, and any potential harm to minors using our Services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, WireCat reserves the right to terminate any Account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a WireCat reseller account, the account will be suspended, and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with WireCat in any effort to investigate, disable or remove such Content originating with Your end users. Consistent with federal law, WireCat will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities. In accordance with the reporting requirements of 18 U.S.C. § 2258A, We will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If You suspect any instances of child pornography appearing on sites hosted by WireCat, We encourage You to send such reports to Our abuse address at firstname.lastname@example.org, and include the file name and/or URL (or other location on the Customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question. Alternatively, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by WireCat should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index.php?content=report.
(f) Content appropriate for Minors and Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site and services. You agree not to allow minors to view any such materials and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites such as www.asacp.org. Please note that the Service makes no representation or warranty regarding any of the products or services referenced on such sites and recommends that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing these kinds of materials if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.
(g) Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that WireCat operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (including third-party content published on Your web site(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows WireCat to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our immunity status as an interactive computer service. Nothing contained in this Section is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. In the event that any court finds that any third-party communication or third-party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Site or hosted via our Services.
(a) If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a "Service Provider" with respect to such services and/or customers. Service Providers include but are not limited to customers which; (i) resell bandwidth as hosts to third parties; (ii) operate user-generated content sites such as forums, "tube" sites, review sites, and online classified advertising sites; (iii) operate search engines; or (iv) operate peer-to-peer file sharing networks. Customers acting as a Service Provider for third-party users shall comply with the following provisions:
It is the policy of WireCat to provide any infringement notices it receives relating to Service Provider subscribers directly to the subscriber's Designated DMCA Agent, and to further notify any copyright claimants of the identity and contact information for such Agent. Failure to maintain compliance with this section shall constitute a material breach of these Terms.
(b) In keeping with Our DMCA policies and obligations set forth above, You understand, agree, and expressly allow Us to access and subsequently disable public access to any files or data residing on the server, disk, partition, or other data space under Your control when such files or data, in Our discretion: (i) have been identified in a substantially-compliant DMCA notice under 17 U.S.C. § 512; or (ii) when We become aware of facts or circumstances indicating that such files or data are infringing on the copyrights or other intellectual property rights of third parties. Given that Our customers may employ various methods of securing files in conjunction with Our Services, and in an attempt to avoid material disruption of Our customers' Services, You agree that You will provide Us with Your preferred procedure for disabling access to material identified under this provision. If We forward You a substantially-compliant DMCA Notice and which concerns content under Your control, You are obligated under these Terms to immediately disable or remove access to such content. Irrespective of the above, We reserve the right to disable or remove access to such content, in Our discretion, and without claim of damage or injury by You. While We will attempt to simply disable access to such Content without fully deleting it, or suspending all services to your Account, We make no warranties concerning harm or injury to the Content, and reserve the right to take any necessary actions to disable access to the identified material, including suspension or termination of Services. It is therefore in Your best interest to promptly respond to any DMCA Notices You may receive. Should You or Your web site's users feel that such DMCA Notice was erroneously or improperly sent, You must follow the Counter-Notification procedure set forth in our Copyright Policy, and wait the required period of time, before We allow public access to the content to resume.
(c) Nothing contained in this Section, or any part of these Terms, shall constitute legal or professional advice regarding any matter referenced therein. You are responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.
(a) You authorize others to use the User Content that you publicly share or Make Available through the Services.
(b) You may delete, or request deletion of your User Content at any time, unless you have shared such User Content with others and they have not deleted it, or it was copied or stored by other Users. Any User Content you submit is at your own risk of loss, and if shared publicly, non-confidential.
(d) We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.
(e) If you use any “rating” feature of the Services, as applicable, and/or if you send or transmit any communications, comments, questions, suggestions, or related materials to WireCat, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and WireCat is free to use, without any attribution or compensation to you, any ratings submitted within the Services, and any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that WireCat may use any of this Feedback in aggregated or non-aggregated from, however WireCat is not obligated to use, display, reproduce, or distribute any such ratings, ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
(f) Social Media group. WireCat may offer various social media groups where you can post your observations and comments on designated topics. By offering this feature, WireCat is merely acting as an intermediary and is not responsible and shall not be liable for such communications. Please note that ideas you post and information you share may be seen and used by other Users, and WireCat cannot guarantee that other Users will not use the ideas and information that you share on the Services. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it on the public chat of the Services. Please refer to Section 11 and our Copyright Policy for more information regarding how we treat infringing content. WireCat IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY WIRECAT COMMUNITY CHAT.
To use our Services, you agree to and warrant that you will comply at all times with our Acceptable Use Policy (“AUP”) as these may be amended from time to time, which regulate prohibited and/or acceptable practices relating to the use of our Services, including limitations on User Content, prohibited activities, system abuse and security. If you do not agree with our Policies, you must discontinue use of the Service. The Policies are hereby incorporated by reference.
Some services, especially IP transit and dedicated Internet, would have a higher chance of abuse, and they require users to provide identity information to us in case of future legal risks, such as law enforcement requirements. Please refer to our policy file listed at the beginning for more info.
If you have any questions about these Terms or otherwise need to contact WireCat for any reason, you can reach us at WireCat, LLC, 6116 Del Robles CT, San Jose, 95119, USA, with a copy to email@example.com