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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 subscriber's account will remain active until the end of the subscription. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.