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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:
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"Customer", as
mentioned above, shall refer to the end user who is utilizing the leased
Denali website
provided by DCASoft.
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"Service(s)"
shall refer to the leased Denali website and any provided software.
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"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:
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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Transmission, storage, copying, or modifying any
material or other actions by Customer in violation of any Federal, State or Local
regulation is prohibited.
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This includes material legally judged to be
threatening or obscene, pornographic, profane, or material protected by
trade secrets.
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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.
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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.
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Using DCASoft's
Services for undirected bulk email delivery (SPAMMING).
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Running ADULT web sites
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Running HATE web sites
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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:
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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.
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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.
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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:
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Customer
warrants that it has the right to use any trademarks, processes, or other
materials the Customer uses with the Services.
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Customer
warrants that its content does not infringe any third party copyrights or
patents.
8.
SERVICE RELIABILITY AND WARRANTIES:
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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.
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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.
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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.
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Under no
circumstances will DCASoft bear any responsibility for any damages arising
as a consequence of website unavailability.
9.
TERMINATION
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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.
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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

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