Leased Denali Website Agreement Terms                         

By and between DCASoft and the leased website customer, who henceforth shall be referred to as "Customer".  The parties agree to the following, which shall apply throughout the term of this agreement:

1. DEFINITIONS:

  • "Customer", as mentioned above, shall refer to the end user who is utilizing the leased Denali website provided by DCASoft.

  • "Service(s)"  shall refer to the leased Denali website and any provided software.

  • "Web Host Provider" shall refer to the 3rd party provider selected by DCASoft to provide the actual web hosting services (currently www.crystaltech.com).  The web host provider has no relationship to DCASoft other than vendor and vendee,  and is not a party to this agreement.

2.  OVERVIEW:

Customer agrees that the leased Denali website, which includes all software and documentation, contains copyrighted materials that are the proprietary property of DCASoft and others. These materials may only be used or accessed as specifically provided for in this Agreement.

Customer agrees that only persons over 18 years of age will use the Services.

Customer agrees not to copy, modify, rent, lease, loan, sell, or sell memberships for,  the Leased Site.  Customer agrees not to distribute, reverse engineer, or otherwise attempt to discover any programming code used in or with the Services. Customer agrees not to sell, assign, sublicense, or otherwise attempt to transfer any right in the Services, create derivative works based on or in any manner commercially exploit the Services, in whole or in part.

Customer agrees that violations of these copyrights, or the terms of this Agreement can be prosecuted to the fullest extent of the law.

The Services are offered on an "as is" basis, and used by the Customer solely at his or her own risk.

3.  LEASED WEBSITE USAGE:

  1. The Customer is granted a non-exclusive, non-transferable temporary license, subject to the terms and conditions of this Agreement, to use the Services only on a computer that temporarily accesses the Services directly from a DCASoft provided web site.
  2. Usage of the leased website may only be maintained by a Customer who provides truthful personal information on the sign-up application, and by Customers who fully comply with the terms of this Agreement.
  3. The Customer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any other computer or other device, or to copy or otherwise use such information to create derivative works.

4.   SERVICES:

  1. The Customer may not rent, or lease, sell memberships for, or provide the Services (including any software or documentation used by or with the Service) to third parties.
  2. The Customer may not decompile, disassemble, reverse engineer, copy, create a derivative work, or otherwise use the Services except as explicitly provided for in this agreement.
  3. Customers shall not attempt to undermine the security or integrity of computing systems or networks of DCASoft or its website provider, and will not attempt to gain unauthorized access.
  4. Customers agree to adhere to the storage and bandwidth provisions of their Denali leased website plan. Customers may upgrade plans for more storage and bandwidth by contacting DCASoft and paying the additional fees.

5. LAWFUL PURPOSE AND RESTRICTIONS ON USE

Services provided to or used by the Customer must only be for lawful purposes.
  1. Transmission, storage, copying, or modifying any material or other actions by Customer in violation of any Federal, State or Local regulation is prohibited.
    1. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
    2. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.

The following activities are specifically prohibited and will result in immediate account termination.

  1. Using DCASoft's Services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which DCASoft deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials.
  2. Using DCASoft's Services for undirected bulk email delivery (SPAMMING).
  3. Running ADULT web sites
  4. Running HATE web sites
  5. Running GAMBLING web sites
     
The Customer agrees to indemnify and hold harmless and defend DCASoft from any claims resulting from the Customer's use or Customer's allowed use by others of the Services which damages either DCASoft, or another party or parties.

6.   LIMITED LIABILITY:

  1. Customer shall defend, indemnify, save and hold DCASoft harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided by or to Customer.
  2. Customer shall defend, indemnify and hold harmless DCASoft against any and all Liabilities caused directly or indirectly by the Customer or any person who Customer allows to access the Services.
  3. Under no circumstances, including negligence, shall DCASoft, or any one else involved in creating, producing or distributing DCASoft Services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DCASoft Service; or that results from mistakes, omissions, interruptions, deletion of files or data, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to DCASoft records, programs or services. This paragraph shall apply to all content and functionality of DCASoft's Services.

7.   TRADEMARKS & COPYRIGHTS:

  1. Customer warrants that it has the right to use any trademarks, processes, or other materials the Customer uses with the Services.
  2. Customer warrants that its content does not infringe any third party copyrights or patents.

8.   SERVICE RELIABILITY AND WARRANTIES:

  1. DCASoft makes absolutely no warranties or representations of any kind, whether expressed or implied for the Services.  DCASoft cannot guarantee continuous service, service at a particular time, or the integrity of data stored or transmitted using the Services.
  2. Customer's use of Services are at Customer's sole risk. DCASoft does not warrant that any service is secure, will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the DCASoft Service.
  3. DCASoft also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer, or viewers and users of Customer's materials, including loss of data resulting from delays, unauthorized access, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of the leased web site is at the Customer's own risk, and DCASoft specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  4. Under no circumstances will DCASoft bear any responsibility for any damages arising as a consequence of  website unavailability.

9.   TERMINATION

  1. DCASoft may terminate Services at any time, and without penalty if the Customer fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
  2. Fifteen (15) days following notice of termination of Services by DCASoft to Customer via contact e-mail information,  or voluntary termination of service by Customer, DCASoft  has the right to delete all data, files, or other information that is stored in/on the Customer's website.   A Customer Leased Site that has been deleted from the Services is not recoverable.

This Agreement constitutes the entire understanding of the parties.

5/1/09