This agreement and the document entitled Services and Rates as the same are revised from time to time, represents the complete agreement and understanding between DeltaForce Technologies (deltaforce.net), its affiliates and owners, and the account holder (hereinafter called User) and supersedes any other written or oral agreement. Upon notice published on-line at http://www.deltaforce.net, DeltaForce Technologies may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. If you do not agree to these terms and conditions, please notify our Accounting Department at 1-919-852-2121 during normal office hours so we can terminate your account. Failure to notify DeltaForce Technologies shall constitute your approval.
DeltaForce Technologies provides internet access as described in the Services and Rates page. The particular services available to a User will depend on your hardware configuration, the types of client software you have installed on your system, and the configuration of your system. Some types of client software and configuration files are available through our home page under User Services. We will assist you in configuring your client software for our servers, but make no representation or warranty as to how such software will work on your system. Even though we assist you in configuring software for use on your system, we are not responsible for any damage or loss to you or your system on account of your use of such software, including any special or consequential loss, and specifically including any loss of data. Furthermore, we are not responsible for any information you may access through our service.
We will open an account only for individuals who are 18 or older. By accessing a DeltaForce Technologies account, the User represents to DeltaForce Technologies that he or she is 18 or older.
DeltaForce Technologies exercises no control whatsoever over the information passing through deltaforce.net The access of any information available on the internet through deltaforce.net is at your own risk. Use of any information obtained through deltaforce.net is also at your own risk. DeltaForce Technologies makes no representation or warranty concerning whether any information available through its services is genuine, truthful or accurate.
DeltaForce Technologies is not responsible for the content of information or materials which you may access from the internet using our service. The internet contains material which is available from many different sources from around the world. Such material is unedited and uncensored. Some material may be sexually explicit, offensive to you, or unsuitable for minors. Filtering software, which may block access to some sexually explicit or offensive sites is available from a number of software vendors and through the internet. If you choose to install such filtering software, you do so at your own choice and risk. DeltaForce Technologies makes no representations or warranties concerning the effectiveness or lack of effectiveness of such filtering software, and makes no warranty concerning whether or how such filtering software will work on your system. Any warranties or representa- tions concerning the effectiveness or functioning of filtering software is made only by the publisher of the software.
Information transmitted through deltaforce.net and through the internet in general is not confidential. Therefore, DeltaForce Technologies can not and will not guarantee privacy or guarantee protection of any user. We may monitor any User's transmissions when we deem it necessary for providing proper service and/or to protect the rights and property of the Company. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.
Neither DeltaForce Technologies nor any of its licensors, employees, or agents warrants that the service will be uninterrupted or error free; nor does DeltaForce Technologies or its licensors,employees, or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither DeltaForce Technologies nor anyone else involved in creating, producing, or delivering the service shall be liable for any indirect, incidental, special, or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of deltaforce.net, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
User agrees to indemnify and hold harmless DeltaForce Technologies (deltaforce.net), its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.
deltaforce.net connections and all other services provided to the user by DeltaForce Technologies may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any U.S. or state regulation or law is prohibited. This includes but is not limited to copyrighted material, any material or information legally judged to be threatening or obscene, or material(s) protected by trade secret. User agrees to indemnify and hold harmless DeltaForce Technologies from any claims resulting from your use of the service which damages you or another party.
The right to use deltaforce.net is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.
deltaforce.net services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. DeltaForce Technologies DOES NOT ALLOW users to run Mail list, Listserver or any form of auto-responder from a user's shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and DeltaForce Technologies will not be tolerated. When DeltaForce Technologies becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, DeltaForce Technologies may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.The account suspension may be rescinded at the discretion of DeltaForce Technologies following payment of a reconnection charge.
Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.
PAYMENT TERMS:
The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing methods selected) is due upon account setup. Each month (or other billing period selected), on the first of the month, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Failure to use this account(s) does not relieve the user of payment obligations.
Credit Card customers agree to allow DeltaForce Technologies to bill such card on each successive billing date without obtaining the user's permission after the initial charge. Credit Card customers shall notify DeltaForce Technologies of any changes in Credit Card Number or expiration date. If the card is not honored for any reason DeltaForce Technologies will attempt to charge the card for three (3) days. If the card is still not honored on the third day the Users' account will be suspended for seven (7) days pending payment. If no payment has been received within seven (7) days of deactivating the account, the account will be terminated. Re-establishment of the account will be subject to a re-connection fee.
If payment is by check, payment due dates are indicated on your invoice. Billed accounts (not credit card) are invoiced monthly. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received within 10 days of the due date, service will be suspended for a period of seven (7) days pending receipt of payment. If payment is not received within the seven-day period, the service will be terminated. A re-connection fee of $100.00 will be added to charges for further services.
DeltaForce Technologies has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event DeltaForce Technologies utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of DeltaForce Technologies attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the user's relationship with DeltaForce Technologies shall be in Wake county, in the state of North Carolina.
DeltaForce Technologies reserves the right to cancel service for any reason without prior notice.
The User must notify DeltaForce Technologies in writing to cancel service. Fees for any setup and the first month's service are not refundable; unless the User is unsuccessful in using the account and notifies DeltaForce Technologies within ten days of establishing said service. Accounts paid in advance will be canceled on the account expiration date. No refunds will be issued, under no circumstances after the initial 10 days. It is up to the customer to notify Deltaforce Technologies of any changes in their email accounts or any other line item and to make sure that monthly charges are adjusted. No refunds will be issued for any such changes. No refunds will be issued for any advanced payments the customer choose to make.
In addition to any price for services, User shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by User.
Server side spam filtering may prevent legitimate emails from passing through in some cases. Deltaforce notifies the sender of such blocking and the reason for the block. It is the responsibility of the customer to get the reason from the sender so that we could look into modifying the filter to allow such email. Deltaforce will not be responsible for any loss of emails, and customer agrees that by using the email system they agree with that.
The law that applies to these Terms and Conditions is the law of the state of North Carolina. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of DeltaForce Technologies shall continue in force even in the event of termination of these Terms and Conditions on other grounds. DeltaForce Technologies' failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.
By the use of a deltaforce.net account the User accepts the terms and conditions set forth in this agreement.
These Terms and Conditions were last changed Nov, 1998.
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