Terms & Conditions of Use

Everything passes through our servers upon deployment and there are some things we just don't want to be associated with — sorry. Content such as as pornography, hate-crimes, pro-anorexia sites, "warez" and illegal content are not permitted and we will terminate your account immediately.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.


The following terms and conditions govern all use of the Deltaploy.com website and all content, services and products available at or through the website (taken together, "the Website"). The Website is owned and operated by Deltaploy.com. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Deltaploy's Privacy Policy) and procedures that may be published from time to time on this Site by Deltaploy (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Deltaploy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Deltaploy.com Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken. You must immediately notify Deltaploy of any unauthorized uses of your account or any other breaches of security. Deltaploy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Objectionable or Illegal Content

If you deploy via Deltaploy you understand this this will pass through Deltaploy's servers before reaching yours (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or other. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Deltaploy's web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Deltaploy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Without limiting any of those representations or warranties, Deltaploy has the right (though not the obligation) to, in Deltaploy sole discretion (i) refuse or remove any content that, in Deltaploy's reasonable opinion, violates any Deltaploy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Deltaploy's sole discretion. Deltaploy will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

General Terms

Paid plans are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Deltaploy the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal

Unless you notify Deltaploy before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Settings section of the Dashboard.

Copyright Infringement

As Deltaploy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Deltaploy.com violates your copyright, you are encouraged to notify Deltaploy. Deltaploy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Deltaploy will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Deltaploy or others. In the case of such termination, Deltaploy will have no obligation to provide a refund of any amounts previously paid to Deltaploy.

Intellectual Property

This Agreement does not transfer from Deltaploy to you any Deltaploy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Deltaploy. Deltaploy, Deltaploy, Deltaploy.com, the Deltaploy logo, and all other trademarks, service marks, graphics and logos used in connection with Deltaploy.com, or the Website are trademarks or registered trademarks of Deltaploy or Deltaploy’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Deltaploy or third-party trademarks.

Changes

Deltaploy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Deltaploy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Deltaploy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Deltaploy.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. Deltaploy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Deltaploy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Deltaploy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Deltaploy under this agreement during the twelve (12) month period prior to the cause of action. Deltaploy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. In no event shall Deltaploy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Deltaploy's Internet site, even if Deltaploy or a Deltaploy authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

And to say it another way:

The materials on Deltaploy's web site are provided "as is". Deltaploy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Deltaploy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Deltaploy Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Deltaploy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Deltaploy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Deltaploy, or by the posting by Deltaploy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the the United Kingdom. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Deltaploy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Revisions and Errata

The materials appearing on Deltaploy's web site could include technical, typographical, or photographic errors. Deltaploy does not warrant that any of the materials on its web site are accurate, complete, or current. Deltaploy may make changes to the materials contained on its web site at any time without notice. Deltaploy does not, however, make any commitment to update the materials.

Site Terms of Use Modifications

Deltaploy may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Deltaploy's web site shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.