Effective Date: July 24, 2022
Updated: August 21, 2022
These Terms of Service ("Terms") carefully before using the https://deltafuture.net and https://deltafuture.ca website (collectively the "Services") owned and operated by DeltaFuture, LLC ("DeltaFuture", "we", "us", or "our").
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE.
By using any of the services or products provided or serviced by DeltaFuture Network, either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms of Service.
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to DeltaFuture Network that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to DeltaFuture Network a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, DeltaFuture Network does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
DeltaFuture Network exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through DeltaFuture Network's computers, network hubs and points of presence or the Internet. DeltaFuture Network does not monitor User Content. However, you acknowledge and agree that DeltaFuture Network may, but is not obligated to, immediately take any corrective action in DeltaFuture Network's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that DeltaFuture Network shall have no liability due to any corrective action that DeltaFuture Network may take.
You may not use the Services to publish content or engage in activity that harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities, each of which is prohibited under this Acceptable Use Policy:
Notice: If your account is found to contain or link to illegal activities such as described by, but not limited to these Terms of Service, DeltaFuture Network reserves the right to terminate your account without further notice. No refund will be made for pre-paid terms if termination occurs following infringement of these Terms of Service, or if required by law enforcement agencies.
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of DeltaFuture Network.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any of these Terms, we have the right to suspend or disable your access to or use of the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In rare circumstances, when we feel it is necessary to protect the safety or the well being of the DeltaFuture Network community, we will remove a member’s account from our Services. We don't take this decision lightly, but it is sometimes required.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca [at] deltafuture [dot] net, and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
We reserve the right to refuse, cancel or suspend Services, at our sole discretion, if we deem that these terms have been breached. All sub-networks and distributive hosting sites of DeltaFuture Network must adhere to the policies outlined in this Terms of Service.
DeltaFuture Network reserves the right and sole discretion to:
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
DeltaFuture Network however, offers a 99.9% uptime guarantee. This is valid for only the DeltaFuture Network servers and our primary co-location internet connection. DeltaFuture Network shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, DeltaFuture Network is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of DeltaFuture Network capability to directly correct. DeltaFuture Network clients are diverse and their websites and the function of those websites are diverse and DeltaFuture Network cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
DELTAFUTURE NETWORK MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither DeltaFuture Network nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of DeltaFuture Network, even if DeltaFuture Network has been advised to the possibility of such damages.
The Service is provided on "an as is" and "as available" basis and the use of the Service is at your own risk. DeltaFuture Network makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. DeltaFuture Network is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by DeltaFuture Network.
In no event will DeltaFuture Network be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
DeltaFuture Network, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall DeltaFuture Network be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold DeltaFuture Network, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse DeltaFuture Network with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of Ontario and the federal laws of Canada.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that DeltaFuture Network may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.
If you have discovered and would like to report a violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. Notification should be by email to abuse [at] deltafuture [dot] net.
We will investigate the situation and provide you with full assistance.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.