This Deimos.click Service Agreement (the Agreement) sets forward the terms and conditions on which Deimos.click (we or our company) offer its services to you (Customer or You). By registering for or using Deimos.click services, Customer fully agrees to be bound by the following terms and conditions.
Our Services are only available to private individuals of no less than 18 years of age and also business entities (including but not limited to sole proprietorships) in good legal standing that are able to form legally binding contracts under applicable law. Customer hereby represents and warrants that it is where applicable 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 Deimos.click, and that the person agreeing to this Agreement for Customer is at least eighteen (18 )years of age and otherwise capable of and authorized to enter binding contracts as Customer.
Subject to the terms and conditions of this Agreement, Deimos.click makes certain Services available to Customer.
For the purposes of this Agreement:
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 Deimos.click or by their respective third party authors, developers and vendors (collectively Third Party Providers) and the underlying intellectual property rights are owned by Deimos.click 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. Deimos.click, the Deimos.click logo and other Deimos.click products referenced herein are trademarks of Deimos.click, 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.
Customer represents and warrants that the information it provides in Deimos.click contact information forms is valid, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is valid, true, accurate, current and complete. If, at any time, any information provided by Customer is invalid, untrue, inaccurate, not current or incomplete, Deimos.click has the right to suspend or terminate Customers account and this Agreement without further notice.
Customer may not under any circumstances grant access to their account/accounts to any 3rd party persons. Account sharing is strictly prohibited.
Customer is solely responsible and liable for any and all access to and use of the Services. Reasonable, modern, security features that limit unauthorized access are provided and Deimos.click encourages customer to use them however no responsibility will be assumed by Deimos.click for any unauthorized access or its implications otherwise.
Customer is solely responsible for maintaining the confidentiality of Customer access information, i. e. account Login and password and are responsible for all activities that occur under your account.
Customer will immediately notify Deimos.click if Customer notices or suspects any activity indicating that Customers account has been breached or its data is being used without authorization, including but not limited to:
Deimos.click offers a range of Premium Account types available for purchase. Deimos.click accepts Visa/Master Card among the payment options. All transactions made via Visa/Master Card are recurring unless canceled. Other payment methods also may automatically be setup as recurring subscription. Deimos.click in its due diligence will clearly inform its customers if the transaction they are about to commit to is recurring and will provide clear instruction in its site about how to cancel it. Customers are strongly advice to pay careful attention to the terms of the purchase during the whole process to avoid any misunderstandings.
Deimos.click staff handles all refund requests individually. Our customer service agents review and evaluate each refund request taking into account various factors such as but not limited to usage, purchase time, date and method, refund causing issue described. Decision is made based on results of such internal review.
To cancel your recurring subscription you may at any time email firstname.lastname@example.org with your free form subscription cancelation request or information on how to cancel the subscription yourself.
Customer has sole responsibility and liability for all the data it stores on Deimos.click's servers. Deimos.click encourages Customer to back up data regularly and frequently; Customer bears full responsibility for backing up data and sole liability for any lost or irrecoverable data. Customers are encouraged to keep in mind that Deimos.click Premium Account allows to download 50 GB of data per any 5 consecutive days. This limit resets automatically every day in strict accordance with account usage. Deimos.click shall not be responsible for any lost or irrecoverable data for any reason even if Deimos.click was notified of the possibility of such loss and was negligent or even grossly negligent. Customer agrees to maintain its data in compliance with its legal obligations. Deimos.click will delete Customer data upon termination of this Agreement. However, Deimos.click may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data.
Deimos.click will provide access to the Services and Customers data to an agent of Customer (Authorized Agent) who provides Deimos.click with a notarized letter signed by an officer of Customer which letter shall include statements of authenticity, authority, and liability as required by Deimos.click in its sole discretion. Customer expressly and irrevocably agrees that Deimos.click may rely on such a letter and on the apparent authority of the person requesting access to the Services or to Customers account. In no event will Deimos.click be liable to Customer or any third party for Deimos.click s reliance on such letter or such apparent authority.
You agree to not use any of the Deimos.click s Service to:
Deimos.click neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material, pornography or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, or substances and the promotion or publication of any material that may violate hate crimes legislation.
Deimos.click reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.
Further, should Customer violate any of these policies, Deimos.click will actively assist and cooperate with law enforcement agencies and other government authorities in collecting and tendering information about violating Customer, Customers site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
Please be aware that Deimos.click has zero tolerance policy regarding any content that promotes, suggests or depicts any type of child abuse. Users found uploading or downloading such content will be investigated, reported to National Center for Missing Exploited Childrens CyberTipline and appropriate law enforcement agencies.
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.
Violations or attempts to violate or otherwise breach Deimos.click systems or to interrupt Deimos.click services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
Customer shall not under any circumstances 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 Deimos.click Web site.
Deimos.click Services may be used only for lawful and legal purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another partys material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Deimos.click reserves the right to suspend or terminate a Customers transmission(s) that, in Deimos.click s discretion, violates these policies or violates any law or regulation.
Notwithstanding the foregoing, Deimos.click undertakes no responsibility to monitor the Content made available by Customers. Deimos.click operates the Site and Services as a neutral party, and Deimos.click does not regularly monitor, scan or regulate the use of the Deimos.click and/or services by any of its Customers. The use of the Deimos.click and/or services by a Customer or otherwise does not constitute an endorsement by Deimos.click of that customer. Deimos.click is not responsible or liable for the acts, omissions, agreements, promises, content, content links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any customer or other third party.
As a Customer, you agree that you are solely responsible for the Content uploaded by you to the Deimos.click, and for any and all subsequent uses of the customer content URLs. If you post customer content, you represent and warrant that you have all necessary ownership or other rights in and to the customer content enabling you to upload it on the Deimos.click, generate a customer content URL and display the customer content URL and associated customer content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations.
You shall be solely responsible for any and all of your own uploads and the consequences that arise from posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent, warrant and/or agree that you will not:
Any customer, free or registered user for whose user submissions or third party content we receive three separate good-faith, valid complaints within a six month period will be permanently suspended from using this site.
By using our site and/or service, you agree that we are authorized to suspend your access and delete any or all files in your account for any violation of this Agreement.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright based upon a suspicion on our part or a notice we receive regardless of any proof of infringement.
Deimos.click reserves the rights to decide whether customers or users uploads are appropriate and comply with these Terms. Deimos.click reserves the right to remove such user/customer uploads and/or terminate users access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
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 Deimos.click servers.
Whether lawful or unlawful, Deimos.click 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 that Deimos.click reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, Deimos.click will refer complaints to law enforcement authorities, and in such case, Deimos.click 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 our contact form or via regular mail. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.
You expressly understand and agree that:
You agree to defend, indemnify, and hold harmless Deimos.click, 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 Deimos.click policies, terms and conditions.
Your use of Deimos.click 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 Deimos.click 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.
We reserve the right to alter, change or otherwise modify 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 Deimos.click 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 Deimos.click may change subscription prices and terms at any time without notice. Changes in subscription pricing will take effect on expiration of any existing Customer subscription.
Without limiting other remedies, Deimos.click may immediately issue a warning, suspend (i. e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customers account and refuse to provide Services to Customer if:
Deimos.click 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 Deimos.click 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 Deimos.click 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 Deimos.click, all of Customer rights under this Agreement, and Deimos.click s provision of Services, will terminate immediately.
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.
To the extent that anything in or associated with the Site (Deimos.click) is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
Customer and Deimos.click are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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.
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 Deimos.click s control.
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. Headers of this agreement shall be considered valid elements of this contract. You acknowledge that you have had the opportunity to consult with an attorney and any interpretation of this contract shall deem it written by both parties.
You represent and warrant to Deimos.click that:
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.