Delaware.Net, Inc. Terms of Service Agreement - Team Logic Help System

Delaware.Net, Inc. Terms of Service Agreement

Introduction

Delaware.Net, Inc. (hereafter referred to as Delaware.Net) is strives to provide the best possible service to its Customers. Upon creation of a services account, both Delaware.Net and the Account Holder (“Customer”) undertake certain responsibilities and enjoy certain privileges. The most important of these are outlined below. Any comments or suggestions about this agreement should be emailed to us at info@delaware.net.

This Terms of Service (TOS) agreement is intended to protect our company, our Customers, and other users of the Internet. Failure to abide by the TOS may result in immediate termination of your account without any sort of refund. Creative attempts to circumvent our rules are similarly unacceptable.

Please realize that you must accept individual responsibility for your account and its use. We expect that you and your organization’s employees will adhere to reasonable security standards and not share your passwords, leave your passwords out in the open in plain text, or otherwise compromise the security of your accounts. If you must share your password with a consultant, then you should change it back to a secure password as soon as the consultant is finished with their work. Feel free to email support@delaware.net for help with changing your password. New passwords should be provided via phone or fax for security. Understand that unless we have reason to believe your account was broken into by means completely out of your control, we have to hold you responsible for policy violations stemming from your account.

Table of Contents:

  1. General
  2. Lawful Use
  3. Legal Reporting
  4. Changes to Service
  5. Payment Terms
  6. Software
  7. No Warranty

    1. Backing up your data to prevent loss
  8. Indemnity
  9. Non-transferability
  10. Interpretation
  11. Services
  12. Account Termination
  13. Causes for Account Termination
  14. Reselling
  15. Account Term
  16. Account Cancellation

    1. Refunds on payments for recurring monthly services
  17. Adult Content Notification
  18. Modification of Terms
  19. Confidentiality
  20. Domain Name Renewal Liability Waiver

Section 1.) General

Delaware.Net, Inc. offers Internet access, web hosting, web applications, dedicated servers, and other related services through its computer networks to its Customers. Delaware.Net, Inc. does not and cannot control the content, quality or accuracy of information available through its network or over the Internet in general. These terms and conditions of sale set forth the basic rules which apply to Delaware.Net, Inc.'s services and use of its network. Delaware.Net, Inc. may change these terms and conditions of sale in the future upon notice published on-line or otherwise provided by Delaware.Net, Inc. By using Delaware.Net, Inc.'s services and network, a Customer agrees to comply with the terms and conditions of sale as published online or otherwise available from Delaware.Net, Inc. from time to time. If there is any change to the terms or conditions of sale that makes Delaware.Net, Inc.'s services, network or pricing is unacceptable to a Customer, the Customer may terminate its account in accordance with Section 5 below.

Section 2.) Lawful Use

Delaware.Net, Inc.'s services and network may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Delaware.Net, Inc.'s services and network shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Delaware.Net, Inc.'s network must comply with the rules for such other networks.
It is unlawful to transmit any material in violation of any United States or state regulations. Such material includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Public Domain material (e.g., text, programs, and images) may be transmitted using Delaware.Net services. The responsibility for determining whether any material is in the public domain is the Account Holder's. Transmission of copyrighted material (e.g., music, text, videos, programs, and images) requires the express permission of the copyright holder. The responsibility for obtaining this permission is the Account Holder's. If the Account Holder's use of Delaware.Net services damages that Account Holder or anyone else the Account Holder will indemnify Delaware.Net and hold Delaware.Net harmless from any claims.

Section 3.) Legal Reporting

The Account Holder understands that violation of these Terms and Conditions is unethical and may involve criminal offense. When Delaware.Net becomes aware of such violations it is obliged to investigate and, should it be necessary, inform and cooperate with the appropriate local, state, and federal authorities in their investigations.

Section 4.) Changes to Service

The services provided by Delaware.Net, Inc. and Delaware.Net, Inc.'s network are expected to change from time to time. Delaware.Net, Inc. reserves the right to change any service offered or the features of any service offered or its network without notice, including changes to access and use procedures, such as idle disconnections, and network hardware and software, certain geographic areas of the Internet (countries that do not enforce restrictions on hacking and spamming are sometimes blocked from our network), and bandwidth limitations.

Section 5.) Payment Terms

Rate Changes

A Customer must pay fees per Delaware.Net, Inc.'s rate schedule in effect as a condition to obtaining access to Delaware.Net, Inc.'s services and network. From time to time rate changes may occur without prior notice. Rate changes will be effective when published on-line on the Delaware.Net web site or otherwise provided to Customers.

Billing Methods

Delaware.Net accounts are offered with automatic credit card payment as the preferred payment option. Business Customers are permitted to pay via check from emailed invoices. Businesses that are habitually late will be forced to pre-pay for their services via credit card at the discretion of Delaware.Net.

Due Dates and Delinquency

ALL INVOICES ARE DUE WHEN THEY ARE RECEIVED. Payment terms of monthly fees are net 10 days from the Customer's anniversary or billing date. It is the Customer's responsibility to know when their billing date is. All invoices are sent before services are rendered. Payments not made within 30 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Monthly charges will not be pro-rated.

Reconnection of suspended accounts:

Any account that is suspended for delinquency is considered a new account at the time of reactivation and will not be reactivated without a valid credit card number and automatic credit card billing as the payment option. Delaware.Net reserves the right to offer special payment terms on a case by case basis to individual Customers and businesses.

Section 6.) Software

On-demand software owned by Delaware.net that powers websites is not transferrable, and remains the property of Delaware.net if the customer closes their account. 

Section 7.) No Warranty; Limitation of Liability

USE OF Delaware.Net, Inc.'S SERVICES, NETWORK AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. Delaware.Net, Inc. DOES NOT WARRANT THAT ITS SERVICES AND NETWORK WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Delaware.Net, Inc. MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR NETWORK OR THE INTERNET IN GENERAL. Delaware.Net, Inc.'S SERVICES AND network ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL Delaware.Net, Inc. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THE MAXIMUM LIABILITY OF Delaware.Net, Inc. TO ANY CUSTOMER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Delaware.Net, Inc.'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER OR USER TO Delaware.Net, Inc. DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.
Delaware.Net, Inc. disclaims any warranty of merchantability or fitness for a particular purpose. Delaware.Net will not be responsible for any damage the Account Holder suffers or any fees, including attorney's fees, the Account Holder incurs. This "damage" includes, but is not limited to, loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own operations or the Account Holder's errors or omissions. Use of any information obtained via Delaware.Net is at the Account Holder's own risk. Delaware.Net specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Section 7a.) Backing-up your data to prevent loss

Delaware.Net, Inc. may not back-up your data automatically, and takes no responsibility for loss due to any event which may result in the loss of your data and files from our servers. Your web sites, applications, images, and any other computer files that you place onto our servers should be backed-up by you on your own remote computers. By accepting this agreement you take full responsibility for backing up your data and files stored on our servers and you agree to indemnify Delaware.Net, Inc. against any claim made against us as a result of loss of your data or files, or the costs involved with any such claim, you also agree that Delaware.Net, Inc. shall not carry any liability for costs arising from any claim made against you for a loss of data.

Section 8.) Indemnity

The Customer agrees to indemnify and hold harmless Delaware.Net, Inc., its directors, officers, shareholders, agents, employees, affiliates and its other Customers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of Customer's account whether or not authorized.

Section 9.) Non-Transferability

Customer's account and right to use Delaware.Net, Inc.'s services and network is not transferable without Delaware.Net, Inc.'s consent. Customer agrees to protect its password and account and to keep them secure from unauthorized Customers and use.

Section 10.) Interpretation

These terms and conditions supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these terms and conditions shall only be effective if in a writing signed by an authorized officer of Delaware.Net, Inc. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to choice of law principles.

Section 11.) Services

Delaware.Net provides services in exchange for the payment of all applicable fees and upon compliance with these Terms and Conditions by the Account Holder. Delaware.Net services include the following: An account on the Delaware.Net computing network. This is defined by a username and a password that the network recognizes. Web site storage as measured by adding disk space used in the mail directories and the account's home directory (Added storage is available on request for a nominal fee). Access to Delaware.Net's Internet connection. Full maintenance of all Delaware.Net-owned equipment. Authorized connection, routing, and network management for networked accounts (SLIPP/PPP, UUCP, Dedicated, ISDN, 56K Leased, and Fractional T1).

Section 12.) Account Termination and Suspension

Either Customer or Delaware.Net, Inc. may, at its sole discretion, terminate the Customer's account at any time with or without reason. Delaware.Net, Inc. also may, at its sole discretion, suspend a Customer's account at any time with or without reason. Monthly charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. Delaware.Net, Inc. may delete all data, files or other information that is stored in Customer's account upon termination. Web hosting accounts that are suspended will have their domain or home page link redirected until the account has been brought up to date. When an account is terminated, all mail, files, and directories associated with it are erased. OL will not be held responsible for forwarding any e-mail on accounts that have been terminated.

Section 13.) Causes for Account Termination:

The Internet does not make you 100% anonymous. If you behave poorly online, your actions can usually be traced back to our network, and we can then usually determine who was to blame. Delaware.Net reserves the right to suspend or terminate any account upon discovery of its involvement in (including but not limited to) the following activities or events with no refund for pre-paid services:

You may not send unsolicited mass emails (Spam) and you may not:

  • Use Delaware.Net's servers or software as a platform for broadcasting bulk, unsolicited commercial e-mail or Unsolicited Commercial Advertising on Delaware.Net's servers or to others using our servers or software. This will cause automatic termination of member account with no refund. Delaware.Net maintains a "ZERO TOERANCE" policy regarding Customers that distribute bulk e-mail through our network.
  • Send unsolicited mass mailings or unsolicited subscriptions with a "negative option" for continuation. (The negative option is one where you invite people who do not wish to receive further mailings to reply to you.)
  • Sending mass emails to unsolicited lists of email addresses that you purchased.
  • Create or participate in chain letters or pyramid schemes.
  • Unauthorized marketing to Delaware.Net Customers or staff by e-mail, phone, or fax.
  • Sending mass emails using our newsletter platform on behalf of a third party without permission from Delaware.Net.

You must obey the law and you may not:

o   Do anything illegal or anything that adversely affects Delaware.Net legal interests. We recognize that not all Customers are well versed in the vagaries of local, state, federal, and international law. While some infractions may be due to ignorance on the part of the user, ignorance is not an excuse for breaking the law. Please consult an attorney if you are unsure of the legal status of your activities (online and off). Perpetration of unlawful activities will cause immediate termination and may result in legal action.

o   Harass Customers (on Delaware.Net or elsewhere). Sending email or real-time messages to a user who has asked explicitly and unambiguously that you not do this is harassment. In some cases, a harassing user may be warned against engaging in similar behavior with other Customers as well. Publishing someone's real-world data (phone number, address, social security number, etc.) in a newsgroup or on the web, etc. in such a way as to cause the person trouble or to incite others to do so (even if you don't do it yourself) is also forbidden. (Establishing that the information you published is available, say, in a phone book somewhere does not constitute a defense of this kind of harassment.)

You must pay for service and you may not:

  • Tamper with other accounts, or commit unauthorized intrusion into any part of Delaware.Net's network or use any of Delaware.Net's machines, files or accounts to intrude without authorization into any other network (cracking). Tampering with or violating the privacy of other account Holder's files.
  • Use Delaware.Net's services not included in your subscription or devise ways to circumvent security so you have access to services you haven't paid for (theft of services).
  • Reselling accounts or services without permission.

You may not attempt to gain unauthorized access to any computer or network (hacking)

  • USE HACKING OR NETWORK MONITORING TOOLS - Use Delaware.Net as a platform for gaining unauthorized access to or doing mischief on other networks.
  • Use anyone else's account or password.
  • Customer agrees to not obtain or use any account at any other service provider for the purpose of committing network abuse that is prohibited by these terms of service.

You may not post or share Inappropriate Content on our network or servers

  • You may NOT host, distribute, upload or broadcast adult content (porn), illegally copied programs (warez), or illegally distributed music (MP3s) on any of our servers.
  • Distribute, upload or broadcast illegally copied or distributed copyright protected material including MP3s, MP4s, or video files that do no belong to you.

Section 14.) Reselling

Delaware.Net services are provided for the use of the party agreeing to these terms alone. Resale or use of the Account Holder's privileges and connection with Delaware.Net by any other person or any other organization is prohibited unless approved by Delaware.Net in writing.

Section 15.) Account Term and Deactivation of Accounts

An account is defined by its start date and its end date (in addition to the password and username). Initial payment is due at account creation. Subsequent payments are due on the end date. If payment is not received within 7 days after the end date, the account will be suspended. To reactivate the account, total amount due will include the previously billed account balance, any associated late fees, and the next month's payment. Accounts will be suspended if a check is returned to us unpaid and will also be subject to a $25 returned-check charge. Websites that are more than 30 days past due may be taken offline without notice. Delaware.Net will attempt to contact past-due clients, but this is not guaranteed.

Section 16.) Account Cancellation

  • Cancellation - Requests for cancellation of an account must be sent to Delaware.Net in writing via fax, or postal service at least thirty days before the billing date for the account. Invoices sent before cancellation will remain due.
  • Customers are responsible for the total accrued balance on their accounts whether there is usage on the account or not.
  • Accounts not paid after cancellation will be sent to a collection agency and may negatively affect the Customer’s credit rating.
  • All businesses that fail to pay will be reported to the Dunn and Bradstreet (DNB) business credit reporting agency.

Section 16.a) Refunds on payments for recurring monthly services

  • Promotional Accounts- Promotional months for monthly services are non-refundable.
  • Setup Fees- Setup fees (if applicable) are non-refundable for ALL access, hosting, server, and application hosting accounts.
  • Refunds for Annual Service Agreements- Annual pre-paid accounts of any type, including; dialup internet access, website hosting, application hosting, or other services are partially refundable for only 30 days after activation. Refunds WITHIN 30 days will be pro-rated and time used will be subtracted from the term amount of the agreement or service plan. After the thirty (30) day grace period has expired, annual agreements become non-refundable.
  • Refunds for month-to-month accounts – Internet access and website hosting accounts that are paid on a month-to-month basis will not be pro-rated when cancelled.

Section 17.) Adult Content Notice

Delaware.Net exercises no control over the content of the information passing through it or stored on it. All Account Holders and especially parents are hereby notified that messages, conversations, and graphical images with sexually explicit and violent content exists on the Internet and consequently might be encountered when using Delaware.Net services. An Account Holder must either be an adult or, if a minor, have the written consent of that minor's parent or legal guardian to these Terms and Conditions.

Section 18.) Modification of Terms and Conditions

These published Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Upon notice published in Delaware.Net's on-line documentation and to all Account Holders via e-mail, Delaware.Net may modify these terms and conditions, amplify them, as well as change or discontinue services offered. Use of Delaware.Net constitutes acceptance of these Terms and Conditions. If these Terms and Conditions do not meet with the Account Holder's agreement, that Account Holder should contact Delaware.Net to initiate account closure and the remission of any applicable refund.

Section 19.) Confidentiality

Electronic mail and other transmissions passing over the Internet and through Delaware.Net, Inc.'s network are not confidential. Accordingly, Delaware.Net, Inc. cannot guarantee the protection or privacy of any information of any user. Delaware.Net, Inc. reserves the right to monitor a user's mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of Delaware.Net, Inc. Delaware.Net, Inc. will not disclose any such information unless required to operate its network or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.

Section 20.) Domain Name Renewal Liability Waiver

Customers are responsible for renewing their own domain names. Delaware.Net does not guarantee notification via phone, email, or postal mail of pending domain name expirations. Customers that register their domain names on their own through an independent registrar (i.e. GoDaddy, Network Solutions, OpenSRS, Neustar, Enom, Register.com, Wild West Domains, MelbourneIT, etc.), or through a Delaware.Net domain name registration reseller account (i.e. http://domains.delaware.net or http://manage.opensrs.net) are responsible for tracking the expiration dates, registration information accuracy, contact information, name server data accuracy, and renewal process of their domain names. Delaware.Net is not responsible for domain names that expire and may become lost due to expirations, or for any losses that a Customer may encounter by forgetting to renew their domain names.