Terms of Service

In this Agreement, "We," "Us," and "Our" refer to Delta Technical Services; "You,"  "Your," and "Yourself" refer to the entity utilizing the Delta Technical Services web  hosting service; "Our Site" refers to the websites located at the URLs:  http://DeltaTechnicalServices.com. Delta Technical Services provides its service to You, subject to the  following Terms of Service ("TOS"). We may amend this Agreement at any time by  posting the amended terms on Our Site (please see Paragraph 22 for more  details). The amendment shall automatically become effective three (3) days  after they are initially posted on Our Site. In addition, when using  particular Delta Technical Services services, You shall be subject to any posted guidelines  or rules applicable to such services, which may be posted from time to time.  All such guidelines or rules are hereby incorporated by reference into this  TOS.

1. SERVICE DESCRIPTION

Delta Technical Services currently provides users with access to a selection of  resources, including web hosting, use of our nameservers, server  space, data transfer, email and personalized content, through its  network (the "System"). Unless explicitly stated otherwise, any new features  that enhance the current System, including the release of new Delta Technical Services  features, shall be subject to the TOS. You understand and agree that the  System is provided "AS-IS," and that Delta Technical Services assumes no responsibility for  the timeliness, deletion, misdelivery or failure to store any user  communications or personalization settings.

2. REGISTRATION OBLIGATIONS

In consideration of Your use of the System, You agree: (a) that You are at  least 13 years of age; (b) to provide true, accurate, current and complete  information about Yourself as prompted by the forum registration form (this  information will comprise the "Database"); (c) to receive any Delta Technical Services  newsletters; and (d) to maintain and promptly update the Database to keep it  true, accurate, current and complete. Non-compliance with any of these  obligations during the maintenance of Your account may result in the  suspension or termination of Your account, and may result in the refusal of  any and all current or future use of the System, or any portion thereof at the  sole discretion of Us.

3. MEMBER ACCOUNT INFORMATION

You will receive a password and account designation upon completing the  System's registration process. You are responsible for maintaining the  confidentiality of the password and account, and are fully responsible for all  activities that occur under Your password or account. You agree to (a)  immediately notify Delta Technical Services of any unauthorized use of Your password or  account or any other breach of security, and (b) ensure that You exit from  Your account at the end of each session. We will not be liable for any loss or  damage arising from Your failure to comply with this Section.

4. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound,  photographs, graphics, video, messages or other materials ("Content"), whether  publicly posted or privately transmitted, are the sole responsibility of the  entity from which such Content originated. This means that You, and not  Delta Technical Services, are solely responsible for all Content that You upload, post,  email or otherwise transmit via the System. We do not control the Content  posted via the System and as such, do not guarantee the accuracy, integrity or  quality of such Content. You understand that by using the System, You may be  exposed to Content that is offensive, indecent or objectionable. Under no  circumstances will We be liable in any way for any Content, including but not  limited to, any errors or omissions in any Content, or for any loss or damage  of any kind incurred as a result of the use of any Content posted, emailed or  otherwise transmitted via the System.

You agree to not use the System to:

a. Upload, post, email or otherwise transmit any Content that is directed  to inciting or producing imminent conduct that is unlawful, harmful,  threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,  libelous, invasive of another's privacy, hateful, or racially, ethnically or  otherwise objectionable and is likely to produce such conduct;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a  Delta Technical Services official, forum leader, guide or host, or falsely state or  otherwise misrepresent Your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the  origin of any Content transmitted through the System;
e. Upload, post, email or otherwise transmit any Content that you do not have  a right to transmit under any law or under contractual or fiduciary  relationships (such as inside information, proprietary and confidential  information learned or disclosed as part of employment relationships or under  nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Content that infringes any  patent, trademark, trade secret, copyright or other proprietary rights of any  party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized  advertising, promotional materials, "junk mail," "spam," "chain letters," or  "pyramid schemes;"
h. Upload, post, email or otherwise transmit any material that contains  software viruses or any other computer code, files or programs designed to  interrupt, destroy or limit the functionality of any computer software or  hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than  other users of the System are able to type, or otherwise act in a manner that  negatively affects other user's ability to engage in real time exchanges;
j. Interfere with or disrupt the System or servers or networks connected to  the System, or disobey any requirements, procedures, policies or regulations  of networks connected to the System;
k. Intentionally or unintentionally violate any applicable local, state,  national or international law;
l. "stalk" or otherwise harass another;
m. Collect or store personal data about other users without their knowledge;
n. Promote or provide instructional information about illegal activities,  promote physical harm or injury against any group or individual, or promote  any act of cruelty to animals.
o. If you are using email forwarding, you agree that we reserve the right at  our sole discretion to filter and delete all spam emails.

5. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE

You agree to comply with all local rules regarding online conduct and  acceptable Content. Specifically, You agree to comply with all applicable laws  regarding the transmission of technical data exported from the the country in  which You reside.

6. CONTENT SUBMITTED TO DELTA TECHNICAL SERVICES

You agree that Delta Technical Services and its designees have the right to refuse or  move any Content that is available through the System. Additionally,  Delta Technical Services and its designees shall have the right to remove any Content that  violates the TOS or is otherwise objectionable. You agree that You must  evaluate and bear all risks associated with the use of any Content, including  any reliance on the accuracy, completeness, or usefulness of such Content. In  this regard, You acknowledge that You may not rely on any Content created by  Delta Technical Services or submitted to Delta Technical Services. You acknowledge and agree that We may  preserve Content and may also disclose Content if required to do so by law or  in the good faith belief that such preservation or disclosure is reasonably  necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond  to claims that any Content violates the rights of third-parties; or (d)  protect the rights, property, or personal safety of Delta Technical Services, its users and  the public. You understand that the technical processing and transmission of  the System, including your Content, may involve (a) transmissions over various  networks; and (b) changes to conform and adapt to technical requirements of  connecting networks or devices.

7. PUBLIC CONTENT POSTED TO DELTA TECHNICAL SERVICES

9 (a) For purposes of the TOS, "publicly accessible areas of the System"  are those accessible by the general public.
(b) With respect to Content You elect to post for inclusion in publicly  accessible areas of Delta Technical Services or that consists of photos or other graphics  You elect to post to any other publicly accessible area of the System, You  grant Delta Technical Services the world-wide, royalty free and non-exclusive license to  reproduce, modify, adapt and publish such Content on the System solely for the  purpose of displaying, distributing and promoting the specific Delta Technical Services  site to which such Content was submitted, or, in the case of photos or  graphics, solely for the purpose for which such photo or graphic was submitted  to the System. This license exists only for as long as You elect to continue  to include such Content on the System and shall be terminated at the time You  delete such Content from the System.

8. INDEMNITY

You agree to indemnify and hold Delta Technical Services, and its subsidiaries,  affiliates, officers, agents, co-branders or other partners, and employees,  harmless from any claim or demand, including reasonable attorney's fees, made  by any third party due to or arising out of Content You submit, post to or  transmit through the System, Your use of the System, Your connection to the  System, Your violation of the TOS, or Your violation of any rights of another. 

9. PROHIBITION AGAINST RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for  any commercial purposes, any portion of the System, use of the System, or  access to the System.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Delta Technical Services may establish general practices and  limits concerning use of the System, including without limitation the maximum  number of days that email messages or other uploaded Content will be retained  by the System, the maximum number of email messages that may be sent from or  received by an account on the System, the maximum size of any email message  that may be sent from or received by an account on the System, the maximum  disk space that will be allotted on Delta Technical Services's servers on Your behalf, and  the maximum number of times (and the maximum duration for which) You may  access the System in a given period of time. You agree that Delta Technical Services has no  responsibility or liability for the deletion or failure to store any messages  and other communications or other Content maintained or transmitted by the  System. You acknowledge that Delta Technical Services reserves the right to log off  accounts that are inactive for an extended period of time. You further  acknowledge that Delta Technical Services reserves the right to change these general  practices and limits at any time with or without prior notice.

11. MODIFICATIONS TO SYSTEM

Delta Technical Services reserves the right at any time to modify or discontinue,  temporarily or permanently, the System, or any part thereof with or without  prior notice. You agree that Delta Technical Services shall not be liable to You or to any  third party for any modification, suspension or discontinuance of the System. 

12. TERMINATION

You agree that Delta Technical Services may terminate Your password, account,  Delta Technical Services Site, use of the System, or use of any other Delta Technical Services service,  and remove and discard any Content within the System, for any reason,  including, without limitation, for lack of use or if Delta Technical Services believes that  You have violated or acted inconsistently with the provisions of the TOS.  Delta Technical Services may also, at any time, discontinue providing the System, or any  part thereof, with or without prior notice. You agree that any termination of  Your access to the System under any provision of this TOS may be effected  without prior notice, and acknowledge and agree that Delta Technical Services may  immediately deactivate or delete Your account and Delta Technical Services Site and all  related information and files in Your account and Delta Technical Services Site and/or bar  any further access to such files or the System. Further, You agree that  Delta Technical Services shall not be liable to You or any third-party for any termination  of Your access to the System.

There are no early termination fees nor commitments. Service is on a month to month basis.

13. REFUNDS AND CANCELATION

A subscriber may cancel his/her account at any time online via our website or by phone by calling (503-610-8747). If requesting a cancellation, we ask that subscriber briefly explain the reasons for doing so, as well as any suggestions on how Delta Technical Services could improve service. The cancellation will take effect immediately and the subscriber's account will remain active until the end of the subscription. Account resumption is possible within 30 days of cancellation. Refunds for hosting services will be issued for all future months. We can not refund for the current or past months. There are no refunds for domain name registrations however, you can move your domain name to another domain registrar and will not lose any of the time that you have remaining on your registration.

14. LINKS

The System may provide, or third parties may provide, links to other World  Wide Web sites or resources. Because Delta Technical Services has no control over such  sites and resources, You acknowledge and agree that Delta Technical Services is not  responsible for the availability of such external sites or resources, and does  not endorse and is not responsible or liable for any Content, advertising,  products, or other materials on or available from such sites or resources. You  further acknowledge and agree that Delta Technical Services shall not be responsible or  liable, directly or indirectly, for any damage or loss caused or alleged to be  caused by or in connection with use of or reliance on any such Content, goods  or services available on or through any such site or resource.

15. DELTA TECHNICAL SERVICES' PROPRIETARY RIGHTS

You acknowledge and agree that the System and any necessary software used  in connection with the System ("Software") contains proprietary and  confidential information that is protected by applicable intellectual property  and other laws. You further acknowledge and agree that Content contained in  sponsor advertisements or information presented to you through the System or  advertisers is protected by copyrights, trademarks, service marks, patents or  other proprietary rights and laws. Except as expressly authorized by  Delta Technical Services or advertisers, You agree not to modify, rent, lease, loan, sell,  distribute or create derivative works based on the System or the Software, in  whole or in part. Delta Technical Services grants You a personal, non-transferable and  non-exclusive right and license to use the object code of its Software on a  single computer; provided that You do not (and do not allow any third party  to) copy, modify, create a derivative work of, reverse engineer, reverse  assemble or otherwise attempt to discover any source code, sell, assign,  sublicense, grant a security interest in or otherwise transfer any right in  the Software. You agree not to modify the Software in any manner or form, or  to use modified versions of the Software, including (without limitation) for  the purpose of obtaining unauthorized access to the System. You agree not to  access the System by any means other than through the interface that is  provided by Delta Technical Services for use in accessing the System.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON  AN "AS IS" AND "AS AVAILABLE" BASIS. Delta Technical Services EXPRESSLY DISCLAIMS ALL  WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED  TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE  AND NON-INFRINGEMENT.

B. Delta Technical Services MAKES NO WARRANTY THAT (i) THE SYSTEM WILL MEET YOUR  REQUIREMENTS, (ii) THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR  ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM  WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,  INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SYSTEM  WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE  CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE  SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY  RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT  RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM  Delta Technical Services OR THROUGH OR FROM THE SYSTEM SHALL CREATE ANY WARRANTY NOT  EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Delta Technical Services SHALL NOT BE LIABLE  FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY  DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,  USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Delta Technical Services HAS BEEN ADVISED OF  THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY  TO USE THE SYSTEM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND  SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR  OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE  SYSTEM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR  DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SYSTEM; OR (v) ANY  OTHER MATTER RELATING TO THE SYSTEM.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE  LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,  SO THE ABOVE LIMITATIONS PROVIDED IN SECTIONS 18 MAY NOT APPLY TO YOU.

19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

The System is provided for informational purposes only, and no Content  included in the System is intended for trading or investing purposes.  Delta Technical Services shall not be responsible or liable for the accuracy, usefulness or  availability of any information transmitted via the System, and shall not be  responsible or liable for any trading or investment decisions made based on  such information.

20. NOTICE

Notices to You may be made via either email or regular mail. The System  may also provide notices of changes to the TOS or other matters by displaying  notices or links to notices to You generally on the System.

21. MODIFICATION

We may modify any of the terms and conditions contained in this TOS at any  time and in Our sole discretion. A change notice will be posted on Our Site  and shall be effective after three (3) days after they are posted on Our Site.

22. GENERAL INFORMATION

This TOS constitutes the entire agreement between You and Delta Technical Services and  governs Your use of the System, superceding any prior agreements between You  and Delta Technical Services. You also may be subject to additional terms and conditions  that may apply when You use affiliate services, third-party content or  third-party software. The TOS and the relationship between You and Delta Technical Services  shall be governed by the laws of the United States without regard to its  conflict of law provisions. You and Delta Technical Services agree to submit to the  personal and exclusive jurisdiction of the courts located in the United  Kingdom. The failure of Delta Technical Services to exercise or enforce any right or  provision of the TOS shall not constitute a waiver of such right or provision.  If any provision of the TOS is found by a court of competent jurisdiction to  be invalid, the parties agree that the court should proceed to give effect to  the parties' intentions as reflected in the provision, and the other  provisions of the TOS remain in full force and effect. You agree that  regardless of any statute or law to the contrary, any claim or cause of action  arising out of or related to use of the System or the TOS must be filed within  one (1) year after such claim or cause of action arose or be forever barred.

23. VIOLATIONS

Any violations of the TOS should be reported to Us immediatly via support  ticket. In the event that You breach any of the above provisions of this  Agreement, You agree that We may terminate Your use of Our System. In the  event such a breach occurs by You, We will post a page from Your domain name  stating that You have violated Our terms and conditions of service.