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DELTACOMPUTERSYSTEMS.COM
TERMS OF USE
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY
SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE
AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
1. Parties.
The parties to this Agreement are you, a visitor to this web site
("You"), and the owner and operator of this web site: DELTA COMPUTER
SYSTEMS, INC., a Mississippi corporation ("Delta"). All references
to "us", "this web site" or "this site" shall be construed to mean
Delta. If the user is not an individual, then "You" means Your company,
its officers, members, agents, successors and assigns.
2. Assent To
Terms of Use And Amendment. Delta grants a non-exclusive, non-transferable,
and revocable license to You and provides the services available
at this site to You subject to the following terms and conditions.
THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME
WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF
THE TERMS AND CONDITIONS AT ANY TIME AT DELTACOMPUTERSYSTEMS.COM.
IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES
OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE
SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH DELTA
ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME
TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO
THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF
THE USER AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS
SITE.
3. Entire Agreement.
This terms of use agreement will be expressly incorporated by reference
in each and every agreement between You and Delta. It supersedes
any and all prior and existing agreements, whether oral or in writing,
between You and Delta with respect to the subjects addressed in
this terms of use agreement and constitutes the entire agreement
between the parties with respect to those subjects. You acknowledge
that neither Delta nor anyone on Delta's behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You
relating to the subjects addressed by this terms of use agreement
that are not embodied herein.
4. Prohibited
Conduct. You agree (i) not to use this site to upload or distribute
in any way files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer; (ii) not to interfere or disrupt this site or any networks
connected to this site; (iii) not to use any device, software or
routine or attempt to interfere with the proper functioning of this
site or any transactions being offered at this site; (iv) not to
take any action that imposes an unreasonable or disproportionately
large load on Delta's infrastructure; (v) not to use this site to
collect or harvest personal information, including, without limitation,
financial information, about other participants at this site; and
(vi) not to impersonate any person or entity or falsely state or
otherwise misrepresent Your affiliation with a person or entity.
You agree not to use the services, products, or downloads available
at this site for illegal purposes, and to comply with all regulations,
policies and procedures of networks connected to this site.
5. Compliance
with Laws. You shall comply with all applicable laws and regulations
of the United States and foreign authorities (including, but not
limited to United States trade restriction laws, export laws or
license requirements and laws regarding the sale or transport of
hazardous materials, and laws regarding the transmission of technical
data, including without limitation encryption, exported from the
United States through the services available at this site) relating
to any service, product, or download associated with this site.
6. Registration
Data And Privacy. Registration may be required for you to download
content from this site, or for your participation in certain services
offered at this site. You must provide certain current, complete,
and accurate information about You as prompted to do so by the registration
form ("Registration Data") and maintain and update such registration
information as required to keep such information current, complete
and accurate. You warrant that such data is accurate and current,
and that You are authorized to provide such data. You authorize
us to verify such data at any time. If any registration data that
You provide is untrue, inaccurate, not current or incomplete, Delta
retains the right, in its sole discretion, to suspend or terminate
rights to use the services. Registration Data and certain other
information about You is subject to our Privacy Policy which may
be accessed from the Deltacomputersystems.com home page. Solely
to enable Delta to use information You supply us internally, so
that we are not violating any rights You might have in that information,
You grant to Delta a nonexclusive license to (i) convert such information
into digital format such that it can be read, utilized and displayed
by Delta's computers or any other technology currently in existence
or hereafter developed capable of utilizing digital information,
and (ii) combine the information with other content provided by
Delta, in each case by any method or means or in any medium whether
now known or hereafter devised.
7. Registration
By Children Under The Age of 13 Is Not Permitted. REGISTRATION IS
NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER UNDER THE
AGE OF 13 ATTEMPTS TO REGISTER WITH DELTACOMPUTERSYSTEMS.COM, WE
SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL
NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.
8. Posting of
Digital Files And/Or Communications. If this web site should at
any time provide any service which enables to visitors post digital
files and/or to communicate with or otherwise share information
with other visitors or persons providing any kind or service to
visitors, You agree not to submit, publish, display, disseminate,
or otherwise communicate any defamatory, inaccurate, abusive, threatening,
offensive, or illegal material while connected to or otherwise directly
or indirectly using this web site or other services provided to
You by the web site. Transmission of such material or any material
that violates any federal, state, or local law in the United States
or anywhere else in the world, is strictly prohibited and shall
constitute a material breach of this Agreement entitling this web
site to immediately terminate all rights to access to this web site.
You are solely responsible for all information which You submit,
publish, display, disseminate or otherwise communicate through this
web site even if a claim should arise after termination of service.
If this web site provides any such service described herein, You
agree that all messages and other communications by You shall be
deemed to be readily accessible to all other visitors/subscribers
who are authorized to access this web site and You agree that all
such messages and other communications shall not be deemed to be
private or secure. Regardless of whether this web site provides
any type of service described herein, You agree that You have hereby
been informed and noticed that any and all messages and other communications
which You submit to this web site directly or through this web site
can be read by the operators and/or other agents of this web site,
whether or not they are the intended recipient(s). You agree to
be personally liable and fully defend and indemnify this web site
for any and all damages directly, indirectly and/or consequentially
resulting from your attempted or actual sharing of information or
communicating with others through this web site alone, or with or
under the authority of, any other person(s), including, without
limitation, any governmental agency(ies), wherein such damages include,
without limitation, all direct and consequential damages directly
or indirectly resulting from sharing of information or communicating
with others through this web site including, but not limited to,
damages resulting from loss of revenue, loss of property, fines,
attorney's fees and costs, including, without limitation, damages
resulting from prosecution and/or governmentally imposed seizure(s),
forfeiture(s), and/or injunction(s).
9. Copyrights.
The copyright in all material provided on this site is owned by
Delta or by Delta's licensor(s). You acknowledge and agree that
this site contains proprietary information that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that information presented to You through this site, including
text, graphics, logos, icons, images and software, and the arrangement
and compilation of such content, are the property of Delta or its
content suppliers and is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Delta does
not grant any license or authorization to any user of its copyrightable
material or other intellectual property, by placing them on this
site. Furthermore, except as stated herein, none of the material
may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of Delta or the
copyright owner. However, You may print a copy of the information
on this site for Your personal, non-commercial internal use or records.
In so doing, You may not modify the materials and You agree to retain
all copyright and other proprietary notices contained in the materials.
This permission does not give You any ownership rights in the information
and terminates automatically if You breach any of these terms or
conditions. If You make any other use of this site, except as otherwise
provided herein, You may violate copyright and other laws of the
United States, other countries, as well as applicable state laws
and may be subject to penalties.
10. Copyright
Infringement; The Digital Millennium Copyright Act. Delta maintains
specific contact information including an e-mail address for notifications
of claimed infringement concerning materials. All correspondence
should be addressed to Delta's agent for notice of claimed infringement
under The Digital Millennium Copyright Act, U.S.C.A. Section 512,
at the following address:
Delta Computer
Systems, Inc.
925
Tommy Munro Dr Suite C
Biloxi, MS, 39532
webmaster@deltacomputersystems.com
Telephone:228-388-7688
Facsimile:228-388-7689
You may contact
Delta with complaints regarding allegedly infringing posted material
and Delta will investigate those complaints. If the posted material
is believed in good faith by Delta to violate any applicable law,
Delta will remove or disable access to any such material and Delta
will notify the posting party that the material has been blocked
or removed.
11. Links. This
site may provide links to other Internet sites. Delta is not responsible
for the availability of such other sites and does not endorse and
is not responsible or liable for any content, products or other
materials available on such other sites. Links to external web sites
do not constitute an endorsement by Delta of those sites or the
sponsors of such sites or the content, products, advertising or
other materials presented on such sites. Further, Delta reserves
the right to terminate any link or linking program at any time.
Delta does not author, edit, or monitor these unofficial pages or
links. You further acknowledge and agree that Delta 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 information, goods or services available on
or through any such site. If You decide to access any of the third
party sites linked to this site, You do this entirely at Your own
risk.
12. Participation
In Promotions Of Advertisers. You may enter into correspondence
with or participate in promotions of advertisers promoting their
products or services on this site ("Advertisers"). You acknowledge
and agree that any such correspondence or participation, including
the delivery of and the payment for goods and services, and any
other terms, conditions, warranties or representations associated
with such correspondence or promotions, are solely between You and
Advertiser. Deltacomputersystems.com shall have no liability, obligation
or responsibility whatsoever arising out of or in connection with
any such correspondence or participation or transactions.
13. Monitoring.
You acknowledge that Delta or its designees reserves the right to,
and may from time to time, monitor any and all activity or information
transmitted or received through this site. Delta, in its sole discretion
and without further notice to You, may (but is not obligated to)
review, censor or prohibit any activity or the transmission or receipt
of any Information which Delta deems inappropriate (such as that
specified in above) or that violates any term or condition of this
agreement. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes. Use of this site, authorized
or unauthorized, constitutes consent to such monitoring. Unauthorized
uses and unauthorized users of this site will be prosecuted to the
full extent of the law.
14. NO WARRANTIES.
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT
TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE
OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE
PROVIDED ON AN "AS IS" AND WITH ALL FAULTS BASIS FROM DELTA AND
ITS INFORMATION PROVIDERS. DELTA AND ITS AFFILIATES AND CONTENT
PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS
AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF
THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED
ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, EACH OF DELTA AND DELTA'S AFFILIATES AND CONTENT PROVIDERS
DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT
LIMITED THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY.
WITHOUT LIMITING THE FOREGOING, NONE OF DELTA NOR DELTA'S AFFILIATES
OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES
OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, PURPOSE, OR NEED,
(ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE,
ACCURATE OR AVAILABLE, OR (v) THE QUALITY OR CONDITION OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM DELTA OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
15. LIMITED
LIABILITY. DELTA AND ALL OF DELTA's AFFILIATES AND CONTENT PROVIDERS
AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE
FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF
BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR
CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION
INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS
AGAINST YOU. 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 GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT
MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED
TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT
OF FEES OR PAYMENTS MADE TO DELTA, IF ANY, FOR THE SERVICE, SOFTWARE
OR CONTENT AT ISSUE.
16. Indemnity.
You shall indemnify, defend, and hold harmless Delta and its content
providers and their respective shareholders, affiliates, employees,
agents, successors, officers, and assigns, from any suits, losses,
claims, demands, liabilities, costs and expenses (including attorney
and accounting fees) that they may sustain or incur arising from
(i) Your use of the software available at or downloaded from this
site, (ii) Your failure to comply with any applicable laws and regulations
(including without limitation those regarding the export of products
or technology abroad) or to obtain any licenses or approvals from
the appropriate government agencies necessary to purchase or sell
the subject goods and services, (iii) Your use of the content available
on this site in any way contrary to this agreement (d) Your breach
of any of Your representations, warranties or obligations set forth
in this agreement, (iv) the sale, purchase, transportation, delivery,
use or disposal of any Delta service, product, or download associated
with this site or available through other sites, or any loss suffered
by or harm to any person or property in any way relating to of caused
in whole or in part by Your use of this site or any service, product,
or download associated with this site (including, without limitation,
any personal injuries or death of any third person caused in whole
or in part by such products or services, the use, transportation,
delivery, storage, handling or release thereof), and (v) any taxes
attributable to the relating to any service, product, or download
associated with this site.
17. Beneficiaries
of this Agreement; No Other Agreements. The rights and limitations
in this agreement are for the benefit of Delta and each of Delta's
content providers, each of which shall have the right to enforce
its rights hereunder directly and on its own behalf. 18. Termination.
You agree that Delta may, at its sole discretion, deny You access
to the site and disable any user name and password associated with
You for any reason, including, without limitation, if Delta believes
that You have violated or acted inconsistently with the letter or
spirit of this agreement. Delta reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently,
the services offered under this site (or any part thereof) with
or without notice. You agree that Delta shall not be liable to You
or to any third party for any modification, suspension or discontinuance
of the services offered under this site.
BY ACCESSING
THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT
YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS
SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.
Last Update:
August 30, 2000.
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