Terms of Service and Acceptable Use Policy (TOS/AUP) [Updated: January 24th, 2010]
This Agreement (this “Agreement”) is a legally binding agreement between Delta Services LLC (the “Company”), and the account owner (the “Customer”). This Agreement governs Customer's use of Delta Services LLC's services.
All payments are non-refundable.
1. Services. Subject to the terms of this Agreement, the Company agrees to provide services outlined in the order page, and any other services that may be ordered throughout the lifetime of the account.
2. Term. The initial service term of the Agreement shall begin on the date that services ordered by the customer are setup. The Company will generate an e-mail message to the Customer announcing the activation of the Customer's account (the “Service Commencement Date“). Every month, fourteen (14) days before the renewal date for each service, the Customer will receive a new invoice automatically for renewal of the service in question. To cancel service, the customer must place a cancellation request. This request MUST be received before the invoice is generated for the service to be cancelled. Upon receipt of this message, the service will be cancelled, and all data specific for that service removed on the service renewal date. The Initial Term and any Renewal date may be referred to collectively in this Agreement as the “Term“.
3. Payments.
(a) Fees. Fees are payable in advance on the first day of each billing cycle. The Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. The Company requires payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, the Customer authorizes The Company to bill the displayed amount, in United States dollars to the credit/debit card on, or after the first day of each successive billing cycle during the Term of this Agreement; otherwise The Company will invoice the Customer via electronic mail to the Primary Customer Contact listed on the Order.
(b) Early Termination. The customer acknowledges that the invoice for services is based on the Customer's order. In the event that The Company terminates the Agreement for the Customer's breach of the Agreement in accordance with Section 9 (Termination), the unpaid fees for each billing cycle remaining in the Initial Term or then current Renewal Term, as applicable, are due on the business day following termination of the Agreement. No refunds for unused service will be returned on accounts terminated for breach of agreement.
All Payments must be made in United States dollars. The Customer is responsible for providing The Company with changes to billing information (such as credit card expiration, change in billing address) at its option, The Company may accrue charges to be made to a credit/debit card until such charges exceed $10.00. The customer will be sent an electronic mail to the Primary, and Secondary Customer Contacts if the payment is late. The Company may suspend the service without notice if payment for the service is overdue. Late accounts are sent two notices. A notice will be dispatched to the customer one day after the invoice is due to remind the customer of the invoice. A second notice will be dispatched two days after the invoice is due. After three days, the account will be suspended, and a fifty dollar ($50.00) late fee will be invoiced, and will have to be paid before account reinstatement. Disputes, or charge-backs will result in immediate suspension, with a Two hundred and Fifty dollar Research fee ($250.00) billed to the client, and immediately due. All billing disputes should be handled in the client system, under the business office queue. Billing errors will be promptly corrected with a possible compensation offered to the client. If the account is not paid in full after seven (7) days, the invoice may be forwarded to collections with a reasonable fee to cover collection agency fees, attorney fees, and court costs. Threats of disputes or charge-backs will result in immediate suspension. Please contact the business office for any billing related issues. The Company reserves the right to take full possession and ownership of domains of chargebacked accounts, and sell these domains to attempt to recover losses.
Bandwidth overages will be billed at Twenty Five Cents ($0.25) per gigabyte.
4. Law/AUP. The Customer agrees to use the service in compliance with applicable law and The Company's Acceptable Use Policy which is hereby incorporated by reference in this Agreement. The Customer agrees that The Company may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on the Customer's use of the Services. Amendments to the AUP are effective immediately. The Company may, or may not notify the Customer of an AUP amendment. The Customer agrees to cooperate with The Company's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between The Company and the Customer regarding the interpretation of the AUP, The Company's commercially reasonable interpretation of the AUP shall govern.
5. Customer Information. The Customer represents and warrants to The Company that the information he, she, or it has provided, and will provide to The Company for purposes of establishing and maintaining the service is accurate. The Company may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to the Customer's account until the Customer has provided a written notice changing the Primary Customer Contract.
6. Indemnification. The Customer agrees to indemnify and hold harmless The Company, The Company's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of the Customer's services in violation of applicable law or the AUP by the Customer or any person using the Customer's log on information, regardless of whether such person has been authorized to use the services by the Customer.
7. Disclaimer of Warranties. The Company DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW The Company DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
8. Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF The Company AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER FOR THREE MONTHS OF SERVICE.
9. Suspension/Termination.
(a) Suspension of Service. The Customer agrees that The Company may suspend services to Customer without notice and without liability if: (i) The Company reasonably believes that the services are being used in violation of the AUP; (ii) the Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) The Company reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency or (v) for the protection of its employees or agents if customer threatens or otherwise makes an attempt to force the Company or its agents to perform some action notwithstanding upon this agreement. Customer shall pay The Company's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. If Article five is enacted the customer may also be reported to law enforcement personnel as deemed necessary by the Company.
(b) Termination. The Agreement may be terminated by The Company prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon three (3) days notice if the Customer is overdue on the payment of any amount due under the Agreement; (ii) the Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within the set time frame on the policy enforcement notice from The Company describing the violation in reasonable detail; (iii) upon one (1) days notice if the Customer violates Section 5 (Customer Information) of this Agreement. The Company also reserves the right to terminate the customer with no reason. This is only used in extreme cases.
10. Requests for Customer Information. The Customer agrees that The Company may, without notice to The Customer, (i) report to the appropriate authorities any conduct by the Customer or any of the Customer's customers or end users that The Company believes violates applicable law, and (ii) provide any information that it has about the Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. Back Up Copy. The Customer agrees to maintain a current copy of all content hosted by The Company notwithstanding any agreement by The Company to provide back up services. The Company will charge a flat fee of $10.00 for each account backup retrieved off the Network Attached Storage drive. This will be free upon server failures. There is no charge for backups off the second hard drive if applicable. VPS and dedicated servers do not have any backups made by default. There is no guarantee that backups will be usable, or valid.
12. Changes to the Company's Network. Upgrades and other changes in The Company's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of the Customer's hosted content and/or applications. The Company reserves the right to change its network in its commercially reasonable discretion, and The Company shall not be liable for any resulting harm to the Customer.
13. Notices. Notices to the Company under the Agreement shall be given via support ticket. Notices to the Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on file. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. The Customer may change his, her or its notice address by a notice given in accordance with this Section.
14. Force Majeure. The Company shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond The Company's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, “acts of god“, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
15. Governing Law/Disputes. The Agreement shall be governed by the laws of the Province of Ontario, exclusive of its choice of law principles, and the laws of Canada, as applicable. Financial issues are governed by the laws of the United States and the State of Oregon or wherever else company financial standing exists. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE SELECTED BY THE COMPANY, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
16. Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on the Customer's purchase order or other business forms are not binding on The Company unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. The Customer may not transfer the Agreement without The Company's prior written consent. The Company may assign the Agreement in whole or in part.
17. Privacy Policy. When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date. This information will be stored in a protected database. If you contact us for customer support, we may ask you certain questions about your computer setup to better assist you. When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you. Information we have on file will be used primarily for our services. We will never transfer or sell your information for inclusion on third party e-mail or other marketing lists.
18. Service for Minors. Users under the age of 18 are not allowed to signup for our service. By agreeing to the Terms of Service, you agree that you are over the age of 18. Users under 18 may get a parent or guardian to signup for them. By agreeing to the Terms of Service, you agree that you are over 18, and are able to legally enter a contract. Users under the age of 18 may be allowed to be the primary contact on an account providing that a parent or guardian is on the account and is the responsible party for said account.
19. Severability. A portion of this agreement deemed to be unenforceable, or illegal, will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
20. Domain Names. Clients who register domain names through The Company agree to the domain terms of service. These rules follow ICANN regulations and these terms.
21. Free Services. Customers must not use our RESELLER
HOSTING ACCOUNTS to offer any of the following kinds of FREE services but
are not limited to; Free Web hosting services, Free e-mail services, Free
blogging services, Free home pages, Free image hosting, Free trial accounts.
There are several reasons for these prohibitions on free services. The
reasons include, but are not necessarily limited to, the following:
a. First, free services generally do not require any reliable means of
identifying the person who registers for them. As such, it can be
practically impossible to track down persons who abuse the free services.
b. Our customers, including (resellers) are all paying for prompt,
reliable service and we have built a solid reputation for delivering
excellent service to them. We cannot risk having unidentified persons damage
our reputation.
c. Users of free services are notorious for
registering for free accounts and immediately spamming or otherwise
consuming very large amounts of system resources and bandwidth before their
accounts are shut down. Such abusers often register for successive or
multiple accounts and cause many problems for the servers and network.
d. Spammers, operators of phishing and pharming scams, distributors of
spyware, viruses, Trojan horses, worms, and other malware, operators of
illegal Warez sites, operators of illegal or unauthorized file-swapping or
archive sites, and hackers frequently abuse free online services. Allowing
free services would expose our servers to severe abuse and could harm US/
all of our customers, and all the customers of our resellers.
e. Free
services lead to various forms of abuses that may violate criminal laws or
even foster terrorist activities. Because such abuses violate applicable
laws as well as our policies, we must prohibit them.
If the Customer
violates this prohibition on free services, we may suspend their account
immediately, with or without notice, as we in our sole discretion deem
necessary to address the situation.
Additional Information. The Company reserves the right to request additional identification on any order. The request for additional identification will be sent to the customer before services are established
This Agreement supersedes and replaces any prior understanding or communication, written or oral. This Agreement may be modified at any time with or without notice of the Company.
22. Acceptable Use Policy. The acceptable use policy is contained beyond this point.
1. Offensive Content. You may not publish or transmit
via any service provided by Delta Services LLC. any content that we
reasonably believe:
constitutes child pornography;
constitutes pornography of any nature;
is excessively violent, incites violence, threatens violence, or contains
harassing content or hate speech;
is unfair or deceptive under the
consumer protection laws of any jurisdiction, including chain letters and
pyramid schemes;
is defamatory or violates a person’s privacy;
creates
a risk to a person's safety or health, creates a risk to public safety or
health, compromises national security, or interferes with a investigation by
law enforcement;
improperly exposes trade secrets or other confidential
or proprietary information of another person;
is intended to assist
others in defeating technical copyright protections;
clearly infringes on
another person's trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal
gambling, or illegal arms trafficking;
is otherwise illegal or solicits
conduct that is illegal under laws applicable to you, to us or our data
provider or
is otherwise malicious, fraudulent, or may result in retaliation against
us or our data provider by offended viewers.
2. Security.
(a). You must take reasonable security precautions. You
must protect the confidentiality of your password, and you should change
your password periodically.
(b). IRC networks are prohibited on our service. Any
account hosting IRC bots/scripts or proxies will be terminated upon
discovery, and will be subject to a one hundred ($100) dollar clean up fee.
(c). Hosting any type of phishing website is prohibited.
Phishing website is defined as any website that collects personal
information without the knowledge of other persons. Any account hosting a
Phishing website will be terminated without any notice, and referred to the
FBI with all logs for investigation.
(d). Proxy Scripts are prohibited on our service. They
create large loads, and can be used to relay illegal activity, including
site defacements. Accounts hosting proxies of any nature will be suspended
upon discovery.
(e). Support Abuse. Any abuse of our support resources
will result in a One Hundred ($100) dollar fee, and will result in account
suspension. Please treat our staff in a respectful manner. This includes
using foul language towards our staff members, bumping tickets, submitting
more than one ticket for the same problem, or anything that may be deemed
abusive by staff members.
(f). Shared/Reseller services are provided off shared
servers. The server may not be excessively used by one user. Any account
using excessive resources may be temporarily suspended with(out)
notification. You may NOT use our service to run resource intensive scripts.
Accounts constantly using excessive amounts of resources will be asked to
upgrade to a dedicated server.
(g). It is prohibited to host any form of Virus, Trojan,
Key logger or worm on our service, even if it is to be used for
“educational” or “experimental” services. Any account found with Virus,
Trojans or Key loggers will be terminated immediately.
(h). Executable Scripts are prohibited on our
shared/reseller servers. They can be used for destructive, and resource
intensive purposes. Accounts with Executable scripts will be terminated upon
discovery.
(i). Hosting, or providing IM bot service is not allowed
on our service due to the fact that it may consume large amounts of
bandwidth, and resources. Any accounts hosting such content will be
terminated.
(j). Peer To Peer network scripts are prohibited. Any
account found to be sharing, distributing or downloading Peer To Peer files
will be suspended and a $50 Peer To Peer administrative charge will apply.
(k). Any websites providing Warez / Serials are not
welcome on our service due to the fact that these are often used for illegal
purposes, Sites hosting Warez or Serials will be suspended upon discovery,
and forced to remove content in question.
(l). Any attempts to undermine or cause harm to a server
owned by Delta Services LLC, or subscriber of our service providers is
strictly prohibited. This includes, but is not limited to:
Logging into a server or account that you don't have authorization to
access.
Taking services, or trying to access data that is not intended
for your use.
Attempting to probe, scan or test any vulnerability of any
system, subsystem or network without authorization.
Hacking, tampering,
modifying, or corrupting, breaching security or authentication measures
without proper authorization.
Interfering, intercepting or modifying any
system, data or information.
Interfering with service supplied to any
user, host or network. This includes without limitation, by overloading,
"flooding," or "crashing" any system.
3. Bulk Commercial E-Mail.
You must obtain our business offices advance approval for any bulk
commercial e-mail, which will not be given unless you are able to
demonstrate all of the following to our reasonable satisfaction:
Your intended recipients have given their consent to receive e-mail via
some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure
that the person giving consent is the owner of the e-mail address for which
the consent is given;
You retain evidence of the recipient's consent in a form that may be
promptly produced on request, and you honor recipient's and Delta Services'
requests to produce consent evidence within 72 hours of receipt of the
request.
The body of the e-mail must describe how the e-mail address was obtained.
You have procedures in place that allow a recipient to easily revoke
their consent, such as a link in the body of the e-mail, or instructions to
reply with the word "Remove" in the subject line. Revocations of consent are
honored within 72 hours, and you notify recipients that their revocation of
their consent will be honored in 72 hours;
You must post an abuse@yourdomain.com e-mail address on the first page of
any Web site associated with the e-mail, and you must promptly respond to
messages sent to that address;
You must have a Privacy Policy posted for each domain associated with the
mailing;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail
must include the recipients e-mail address in the body of the message or in
the "TO" line of the e-mail; and you must comply with the CAN SPAM Act and
other applicable laws.
These policies apply to messages sent using your service, or to messages
sent from any network by you or any person on your behalf that directly or
indirectly refer the recipient to a site hosted via your service. In
addition, you may not use a third party e-mail service that does not
practice similar procedures for all its customers.
Delta Services may test and otherwise monitor your compliance with its
requirements, including requesting opt-in information from a random sample
of your list at any time.
4. Unsolicited E-Mail.
You may not send any unsolicited e-mail, either in bulk or individually,
to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or
participate in using your our services.
5. Material Protected by Copyright.
You may not publish, distribute, or otherwise copy in any manner any
music, software, art, or other work protected by copyright law unless:
You have been expressly authorized by the owner of the copyright for the
work to copy the work in that manner;
You are otherwise permitted by established
Delta Services LLC. will terminate the service of repeat copyright
infringers. At our discretion, a $25.00 DMCA processing fee will apply to
account holders who receive DMCA notices.
All torrents, including “legal” torrents are prohibited on our service.
Torrents are used to distribute often illegal content. This includes torrent
trackers. Any site hosting torrents, or torrent trackers will be suspended
upon discovery. URL downloaders, website/file copying utilities are also
prohibited
5. Copyright Infringement Notice (Digital Millennium Copyright
Act).
Pursuant to Title II of the Digital Millennium Copyright Act, all claims
of copyright infringement for material that is believed to be residing on
our network or servers should be promptly sent in the form of written notice
to the Designated Agent for DMCA Notices listed below:
Delta Services LLC.
ATTN: Legal Operations
99 Fifth Ave. Suite 268
abuse@rbhosting.org
Your notice must include the following:
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted words at a single site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit
us to locate the material;
Information reasonably sufficient to
permit us to contact you, such as an address, telephone number, and,
an e-mail address;
A statement that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, the copyright owner.s agent, or the law;
A statement
that the information in the notification is accurate, and under penalty of
perjury that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
6. Other.
You must have valid and current information on file with your domain name
registrar for any domain hosted on our network. We offer domain service to
all clients. Clients are bound to the domain agreement located within our
Terms of Service. If the account attached to the domain is suspended for
non-payment, or the payment for the domain has been charged back. We reserve
the right to lock the domain, and require payment before the domain is
unlocked. Anonymous FTP is enabled on certain servers. This is enabled PER
ACCOUNT! Be warned that any illegal activities that occur due to anonymous
FTP being activated on your account will result in action against the
account holder. HYIP and related sites are NOT allowed on our servers due to
the risk of denial of service attacks that are commonly placed against these
types of sites.
7. Disclaimer.
Delta Services LLC is under no duty, and does not by this AUP undertake a
duty, to monitor or police our customers. Activities and disclaims any
responsibility for any misuse of the network. Inquiries regarding this
policy should be directed to our business office at
business@rbhosting.org or via
mail to our legal department.
The Company
reserves the right to deny requests for credit due to downtime or service
issues if they are not submitted properly or within seven days of occurrence
of the incident.
If you would like a printed copy of this document one can be sent to you upon request by submitting a ticket to our business office or use the information above to contact us. Please understand that your account will be charged a mailing fee unless you already have paper statements or some other mail coming from us.