This DELEC.INFO Service Agreement (the "Agreement") describes the terms
and conditions on which DELEC.INFO ("we" or "our company") offer
services to you ("Customer" or "You"). By registering for or using
DELEC.INFO services, Customer agrees to be bound by the following terms
and conditions.
1. Eligibility for DELEC.INFO Services.
Our
Services are available only to individuals and business entities
(including but not limited to sole proprietorships) in good legal
standing that can form legally binding contracts under applicable law.
Customer hereby represents and warrants that it is duly licensed to do
business and is in good legal standing in the jurisdictions in which it
does business (during the term of this Agreement) that it is not a
competitor of DELEC.INFO, and that the person agreeing to this
Agreement for Customer is at least eighteen years of age and otherwise
capable of and authorized to enter binding contracts for Customer.
2. DELEC.INFO Services
Subject
to the terms and conditions of this Agreement, DELEC.INFO makes certain
Services available to Customer. For the purposes of this Agreement: (a)
"Customer" (or "you") means the individual or business entity that is
using or registering to use the Services, including its employees and
agents; (b) DELEC.INFO "Services" means those electronic or interactive
services offered by DELEC.INFO. DELEC.INFO Online reserves the right to
change or discontinue any of the Services at any time.
3. Ownership
You
acknowledge that all materials (except those uploaded by users)
provided on this Web site, including but not limited to information,
documents, products, logos, graphics, sounds, gui, software, and
services (collectively "Materials"), are provided either by DELEC.INFO
or by their respective third party authors, developers and vendors
(collectively "Third Party Providers") and the underlying intellectual
property rights are owned by DELEC.INFO and/or its Third Party
Providers. Elements of the Web site are protected by trade dress and
other laws and may not be copied or imitated in whole or in part.
DELEC.INFO, the DELEC.INFO logo and other DELEC.INFO products
referenced herein are trademarks of DELEC.INFO, and may be registered
in certain jurisdictions. All other product names, company names,
marks, logos, and symbols may be the trademarks of their respective
owners.
4. Customer Information
Customer
represents and warrants that the information it provides in DELEC.INFO
contact information forms is true, accurate, current and complete.
Customer agrees to maintain and update this information to ensure that
it is true, accurate, current and complete. If, at any time, any
information provided by Customer is untrue, inaccurate, not current or
incomplete, DELEC.INFO will have the right to suspend or terminate
Customer's account and this Agreement.
5. Customer Account
5.1 Authorized Users
Customer
may designate persons to act as its agents to use the Services,
provided that each designated person has the legal capacity to enter
into binding contracts for Customer. Furthermore, Customer represents
and warrants that each person who registers under Customer's account is
an authorized agent of Customer (an "Authorized User") who has such
legal capacity.
5.2 Responsibility for Access
Customer
is solely responsible and liable for any and all access to and use of
the Services (including all activities and transactions) by any
Authorized User and/or User ID registered under Customer's account,
unless such access to or use of the Services is the direct result
solely of the gross negligence of DELEC.INFO. It is Customer's
responsibility, through its systems administrator Authorized User, to
set the appropriate access for each of Customer's Authorized Users.
5.3 Responsibility for User IDs and Passwords
Customer
is solely responsible for maintaining the confidentiality of Customer
access information, i.e. account ID's and passwords of its Authorized
Users, and are responsible for all activities that occur under your
account.
5.4 Notification of Unauthorized Use
Customer
will immediately notify DELEC.INFO if Customer notices any activity
indicating that Customer's account or data is being used without
authorization, including: (a) Customer has received confirmation of an
order or orders placed using Customer's account which Customer did not
place or any similar conflicting report; or (b) Customer becomes aware
of any unauthorized use of any product or service related to its
account(s).
6. Customer Data
Customer
has sole responsibility and liability for the data its stores on
DELEC.INFO's servers. Customer controls its data through its generated
link. DELEC.INFO encourages Customer to archive its data regularly and
frequently; Customer bears full responsibility for archiving its data
and sole liability for any lost or irrecoverable data. Customer agrees
to maintain its data in compliance with its legal obligations.
DELEC.INFO will delete Customer data upon termination of this
Agreement. However, DELEC.INFO may retain Customer data in its archives
after deletion and will not be liable to Customer in any way for such
retained data.
6.1 Special Circumstances
DELEC.INFO
will provide access to the Services and Customer's data to an agent of
Customer ("Authorized Agent") who provides DELEC.INFO with a notarized
letter signed by an officer of Customer which letter shall include
statements of authenticity, authority, and liability as required by
DELEC.INFO in its sole discretion. Customer expressly and irrevocably
agrees that DELEC.INFO may rely on such a letter and on the apparent
authority of the person requesting access to the Services or to
Customer's account. In no event will DELEC.INFO be liable to Customer
or any third party for DELEC.INFO's reliance on such letter or such
apparent authority.
8. Acceptable Use
You agree to not use DELEC.INFO's Service to:
a.
upload, post, e-mail, transmit or otherwise make available any Content
that spreads messages of terror or depicts torture or death-gui; if
serious enough, the content will be reported to the appropriate legal
authority and/or the member's ISP will be contacted;
b.
harm minors in any way, this includes any form of child pornography; if
serious enough, the content will be reported to the appropriate legal
authority and/or the member's ISP will be contacted;
c.
upload, post, e-mail, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party.
8.1 Wrongful Conduct
Customer
shall not commit or permit wrongful or damaging acts which justify
civil action including, but not limited to, posting of defamatory,
scandalous, or private information about a person without their consent
or intentionally inflicting emotional distress.
8.2 Access and Interference
Violations
or attempts to violate DELEC.INFO systems or to interrupt DELEC.INFO
services are strictly prohibited, and may result in criminal and civil
liability. Examples of system violations include, without limitation:
(a)
Unauthorized access to or use of DELEC.INFO Services, including any
attempt to probe, scan or test the vulnerability of a system or to
breach security or authentication measures without express
authorization of DELEC.INFO; or (b) Interference with Service to any
customer or network including, without limitation, flooding, or
deliberate attempts to overload a system and broadcast attacks; or (c)
Use of any device, software, or routine to interfere or attempt to
interfere with the proper working of the Services; or (d) Any action
that imposes an unreasonable or disproportionately large load on
DELEC.INFO's infrastructure
Customer
shall not decompile, disassemble, decrypt, extract, reverse engineer or
otherwise attempt to derive the source code of the "software tools"
(including the tools, methods, processes, and infrastructure)
underlying the Services or any other software on the DELEC.INFO Web
site.
8.3 Misuse of System Resources
Customer
shall not misuse system resources including, but not limited to,
employing content which consume excessive CPU time or storage space;
utilizing excessive bandwidth; or resale of access to content hosted on
DELEC.INFO servers.
8.4 Other Activities
Whether
lawful or unlawful, DELEC.INFO reserves the right to determine what is
harmful to its Customers, operations or reputation, including any
activities that restrict or inhibit any other user from using and
enjoying the Service or the Internet.
Please
be aware DELEC.INFO reserves the right to cancel any account or
transmission they find in violation of any of the above policies. If
appropriate, DELEC.INFO will refer complaints to law enforcement
authorities, and in such case, DELEC.INFO will actively assist law
enforcement agencies with the investigation and prosecution of any such
activities, including surrendering Customer account and data
information.
Complaints
about violators of our Policy should be sent via e-mail to
abuse@DELEC.INFO. Each complaint will be investigated and may
result to immediate cancellation of Services without prior notice.
9. No Warranty
You
expressly understand and agree that: (a) your use of the Service is at
your sole risk. DELEC.INFO Services are provided on an "as is" and "as
available" basis. DELEC.INFO and its suppliers, to the fullest extent
permitted by law, disclaim all warranties, including but not limited to
warranties of title, fitness for a particular purpose, merchantability
and non-infringement of proprietary or third party rights. DELEC.INFO
and its suppliers make no warranties about the accuracy, reliability,
completeness, or timeliness of our Services, software, or content; (b)
DELEC.INFO makes no warranty that (i) the Service will meet your
requirements, (ii) the service will be uninterrupted, timely, secure,
or error-free, (iii) the results that may be obtained from the use of
the service will be accurate or reliable, (iv) the quality of any
products, services, information, or other material purchased or
obtained by you through the Service will meet your expectations, and
(v) any errors in the software will be corrected; (d) any material
downloaded or otherwise obtained through the use of the Service is done
at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of any such material; (e) no advice or information,
whether oral or written, obtained by you from us or through or from the
Service shall create any warranty not expressly stated in these terms
and conditions.
10. Indemnity
You
agree to defend, indemnify, and hold harmless DELEC.INFO, its
affiliates, officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation reasonable
legal fees, alleging or resulting from your use the Service, or your
breach of this Agreement or other DELEC.INFO policies, terms and
conditions.
11. Limitation of Liability
Your
use of DELEC.INFO is at your own risk. If you are dissatisfied with any
aspect of our Service or with these terms & conditions, or any
other rules or policies, your sole remedy is to discontinue use of the
Service. You expressly understand and agree that DELEC.INFO shall not
be liable for any direct, indirect, incidental, special, consequential
exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if we
have been advised of the possibility of such damages), resulting from:
(I) the use or the inability to use the Service; (II) the cost of
procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages
received or transactions entered into through or from the Service;
(III) unauthorized access to or alteration of your transmissions or
data; (IV) statements or conduct of any third party on the service; or
(V) any other matter relating to the Service.
12. Modifications to Agreements, Policies or to our Services
We
reserve the right to change this Service Agreement at any time without
notice. We also reserve the right at any time to modify or discontinue
the Service, temporarily or permanently, with or without notice to you.
You agree that we shall not be liable to you or any third party for any
modification, suspension or discontinuance of the Service. You
acknowledge that we may establish general practices and limits
concerning use of the Service, including the maximum disk space that
will be allotted on DELEC.INFO's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. Further, you acknowledge
that DELEC.INFO may change subscription fees at any time without
notice. Changes in subscription fees will take effect on expiration of
any existing Customer subscription.
13. Termination
13.1
Without limiting other remedies, DELEC.INFO may immediately issue a
warning, suspend (i.e., lock out access and operation of Services for
Customer) either temporarily or indefinitely, or terminate Customer's
account and refuse to provide Services to Customer if: (a) DELEC.INFO
believes that Customer have violated or acted inconsistently with this
Agreement, or any of our policies; or (b) Customer have failed to pay
fees or other payments due to DELEC.INFO; or (c) DELEC.INFO is unable
to verify or authenticate any information Customer provides to
DELEC.INFO; or (d) DELEC.INFO believes that Customer's actions may
cause legal liability for Customer, DELEC.INFO's other clients, or
DELEC.INFO.
DELEC.INFO
may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision
of these terms and conditions may be effected without prior notice, and
acknowledge and agree that DELEC.INFO may immediately deactivate,
archive or delete your account and all related information and data
and/or any further access to such data or the Service. Further, you
agree that DELEC.INFO shall not be liable to you or any third-party for
any termination of your access to the Service.
Upon
termination of this Agreement by either Customer or DELEC.INFO, all of
Customer rights under this Agreement, and DELEC.INFO's provision of
Services, will terminate immediately.
13.2
The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"),
11 ("Limitation Of Liability") and this Section 13 will survive any
termination of this Agreement.
14. Miscellaneous
Headings are
for reference purposes only and in no way define, limit, construe, or
describe the scope or extent of such section. DELEC.INFO's failure to
act with respect to a breach by Customer or others does not waive
DELEC.INFO's right to act with respect to subsequent or similar
breaches. No action by Customer arising under this Agreement may be
brought at any time more than twelve (12) months after the facts
occurred upon which the cause of action arose.
14.1 Relationship
Customer and DELEC.INFO are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
14.2 Assignment
Customer may not assign
any of its rights, or delegate any of its duties, under this Agreement,
and any attempted assignment will be null and void.
14.4 Force Majure
Operation
of our Services may be interfered with by numerous factors outside of
our control and we shall not be liable to you for any delay or failure
in performance under this Agreement resulting directly or indirectly
from causes beyond DELEC.INFO's control.
14.5 Interpretation
If
any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck, as narrowly as possible, and the
remaining provisions shall be enforced. Headings are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of such section.
14.6 DELEC.INFO Confidential Information
You
represent and warrant to DELEC.INFO that (a) you are not a competitor
of DELEC.INFO, (b) you shall keep publicly unannounced information and
materials pertaining to DELEC.INFO, pre-release software, testing or
testing procedures strictly confidential and (c) you shall not use any
information gained from access to the DELEC.INFO Web site or use of the
DELEC.INFO Services to compete with DELEC.INFO in its business.
14.7 Exceptions
Except
for other agreements or terms appearing on the Web site, this Agreement
set forth the entire understanding and agreement between us with
respect to the subject matter hereof.
Additional Information
Any questions relating to our Agreements and Policies may be directed to info@DELEC.INFO.
LADYA s.r.o
Tachovske namesti 90/5
Praha 3 – Zizkov 130 00
Czech republic
T: (+420) 226 208 056
E: info@DELEC.INFO