Depfloy, LLC ("Depfloy", “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. Use of Depfloy's service constitutes acceptance and agreement to Depfloy's Terms of Service.
Depfloy reserves the right to modify the Terms of Service without notice.
You may use our services if you are of legal age to enter into a binding contract and are not prohibited from receiving such services under the laws of the United States or other applicable jurisdictions. To access our services, you must provide current and accurate identification and contact information as part of the registration process. You are responsible for keeping your account information confidential and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to notify Depfloy immediately of any unauthorised use of your account or any other security breach. Depfloy will not be liable for any loss or damage resulting from your failure to provide accurate information or keep your account secure.
You are responsible for the actions of all users of your account, as well as for any data created, stored, displayed or transmitted by your account while using Depfloy. You must not engage in any activity that interferes with or disrupts Depfloy's services or networks connected to Depfloy.
You agree that engaging in any of the activities listed below is considered prohibited usage. This will result in the immediate suspension or cancellation of your account without a refund. Depfloy reserves the right to impose fees and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Accessing other computers or networks without authorisation: Attempting to access computers, networks and/or accounts that do not belong to the party seeking access, without authorisation and/or illegally. Any act that interferes with another user's or network's services. Any act relating to the circumvention of security measures.
Depfloy and the services it provides may only be used for lawful purposes. The transmission, distribution or storage of any information, data or material that violates United States or state regulations or laws, or common law, is prohibited. This includes material that is protected by copyright, trademark, trade secret or other intellectual property rights. Depfloy's services must not be used to facilitate the infringement of these laws in any way.
Other activities viewed as illegal or harmful: Engaging in illegal activities or activities that are harmful to Depfloy's operations or those of its customers.
Providing false data on any contract or application, including the fraudulent use of credit card numbers, is prohibited.
By accepting these terms and conditions, you agree that Deploy shall be permitted to charge your credit card in advance of providing services, on a monthly, annual or other agreed basis. Payment is due upon invoicing. Service may be interrupted for accounts that are 10 days or more past due. Accounts that cannot be collected by Depfloy may be transferred to an external collection agency.
Subscriber is aware that Depfloy may change the specified rates and charges at any time.
Depfloy is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges or other fees resulting from charges billed by Depfloy. Currency exchange settlements are based on the agreements you have with your credit card provider. Pro-rated credits will not be issued for unused services if the customer retains any active services.
You agree that Depfloy is not responsible for any additional fees charged to your credit card by third-party server providers such as DigitalOcean, Linode, Amazon, Google, Vultr, or Hetzner.
Depfloy, provides technical support to our subscribers via our e-mail support system. The following are our guidelines when providing support: Depfloy provides support related to your Depfloy created virtual server physically functioning.
Depfloy does not offer technical support for application specific issues such as application configuration, programming, web or mail server configuration, or any other such issue. Depfloy does not provide technical support to your customers.
Depfloy reserves the right to suspend a customer's network access if the Depfloy network administrators judge that the customer's server is the source or target of a violation of any of the terms of service, or for any other reason chosen by Depfloy. Deploy will take reasonable care to notify the customer and resolve the problem in a way that causes the least possible interference to the service.
Deploy reserves the right to terminate the service without notice in the event of continued and repeated violations of the terms of service. If any inappropriate activity is detected, all of the customer's accounts will be deactivated until the investigation is complete. Prior notification to the Customer is not assured.
In extreme cases, law enforcement will be contacted regarding the activity. Customers will not be credited for the time their machines were suspended.
If at any time it becomes necessary for Depfloy to cancel a customer's service without cause, Depfloy will provide 10 days advance notice.
You may cancel the service at any time by using the "Manage Subscription" link located on the "Account -> Billing" page of the Depfloy web application. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
Our Terms of Service specifically prohibit the use of our services for illegal activities. Therefore, the subscriber agrees that Depfloy may disclose any and all subscriber information, including assigned IP numbers, account history and account usage, to any court that issues a valid court order, without further consent or notification to the subscriber. In addition, Depfloy shall have the right to terminate all service set forth in this Agreement.
Subscriber is solely responsible for maintaining the security of any servers created via the Depfloy service. Depfloy shall not be liable for any security or data breaches affecting the subscriber's servers, even if Depfloy initially created and provisioned those servers. Depfloy does not guarantee the security of any of the subscriber's servers.
Subscriber is solely responsible for preserving any data saved onto their virtual server (the “Data”). Even with respect to data for which the subscriber contracts Depfloy's backup services, Depfloy shall have no responsibility to preserve data. Depfloy shall not be liable for any Data that may be lost.
We have no special relationship with you, nor do we have any fiduciary duty to you. You acknowledge that we are under no obligation to take action regarding which subscribers gain access to the services, what content you access via the services, or how you interpret or use the content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF DEPFLOY HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT DEPFLOY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST DEPFLOY ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF DEPFLOY’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
Depfloy wishes to emphasise that by agreeing to the Depfloy Terms of Service, the customer indemnifies Depfloy against any loss resulting from a violation of the Terms of Service, or from any third-party claim brought against Depfloy. This means that if Depfloy is sued due to the activity of a customer or a customer of a customer, the customer will pay any damages awarded against Depfloy, plus all costs and reasonable legal fees.
You agree that Depfloy may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Depfloy services.
The Terms of Service, including any policies, guidelines or amendments presented to you from time to time, constitute the entire agreement between you and Depfloy regarding your use of Depfloy services. This agreement supersedes any prior agreements between you and Depfloy regarding the use of Depfloy services.
The Terms of Service and the relationship between you and Depfloy shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Depfloy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dover, Delaware.
The failure of Depfloy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Depfloy services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.