Decker Services - Terms of Use

Your use of any Decker Services site (collectively the "Sites"), and all information, products and services on these Sites, including (but not limited to) the hosting features, search, specialty services, knowledgebase, and the Member Forums (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). We may update these Terms from time to time without giving you any notice. Unless we let you know by giving you a notice, any new features or updated Services that we put on these Sites will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR SITES FOR ANY REASON.

The Sites contain links to Web sites and services that are also operated by Decker Services, our subsidiaries or other companies affiliated with us (each a "Decker Services Site"). Your use of each Decker Services Site is subject to the terms of use, if any, contained within each of the Decker Services Sites. If there is any conflict between the Terms set forth below and any of the terms or notices set forth on any other Decker Services Site, then the terms at that Decker Services Site will control your use of that Decker Services Site. Please review the terms of use for each Decker Services Site so that you understand all of the terms that will apply.

NOTE: These Terms also apply to all non-English speaking users as well. You will be responsible for acquiring a translator to fully understand these Terms. We will not be held responsible for conflicts caused in ANY way because of language differences.

Decker Services is pleased to give you access to these Sites free of charge. However, in order to access the Sites, you will need to establish an account with an Internet service provider. You will also need equipment to access the Sites, including a computer, modem or other communication device. You agree to pay for all hardware and services costs needed to access the Sites and use the Services. Decker Services is not responsible for any of these costs.

When you sign up to use the Site forums or hosting services, you will be asked to give us some information about yourself. If you are not registered with us, please register to be eligible for our membership benefits.

During the registration process, you agree to give us true, accurate and complete information about yourself, and to update this information when it changes. If you do not update it, we may suspend or terminate your use of the Sites or any of the Decker Services, as explained below. Any personal information that you provide to us is subject to the terms of our privacy policy.

When you sign up, you will select a Member ID and a password so that you can access your account. You agree that you will keep this information confidential. You are completely responsible for activities that happen under your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify Decker Services and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of this Site or the Decker Services Sites.

The Services are protected by U.S. and international copyright, patents, trademarks laws and other intellectual property laws-for more information about this, please review our copyright notice.

You may use the Services on the Site and the Decker Services Sites for your personal, noncommercial use, unless specified. You cannot distribute or transfer any part of the Sites in exchange for money or other consideration. You may not and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services or this Site, except as set forth below. This means that you may not mirror the home page or results pages of the Site or any Decker Service Site on your own Web site or Web page.

Except for allowing you to use the Site and the Decker Services Sites for your personal use as set forth in the paragraph above, when you use the Site or the Decker Services Sites, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Decker Services or other companies with which we are affiliated with. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER DECKER SERVICES PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

On some parts of our network (ex/ the help forums) you can post or tell us your comments on a given topic, or start a new topic for others to respond to. If you post anything, you guarantee to us that it will not violate any law or the rights of any person. Except as set forth under "Community Content" below, all information and materials of any kind, including graphics, text or otherwise posted by someone on our Site ("Member Content") are subject to the following terms:

By posting Member Content you give us the royalty-free, irrevocable, perpetual, worldwide right to allow other people to use the Member Content as described in these Terms. To use, distribute, display and create derivative works from this Member Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
You understand that we are not responsible for the truth, completeness, objectivity or usefulness of any Member Content, nor do we endorse any Member Content.
We do not necessarily verify the identity of people using our Sites, and you assume the risk of believing or not believing any Member Content you read.
We (along with other Decker Services employees) have the right to monitor or remove any Member Content at any time and without notice if it is believed to be inappropriate, or will somehow improve the Site.
Content and postings found anywhere on this Site, or the Services are the opinions of the author. We can not be held responsible for any content found on this network whether the validity can be proved or not. The opinions and views of the author may change at any time. We will not be held responsible for any damages or loses suffered from this or any other member content.

In general, we will not edit or disclose Community Content. We will only do so when we have reason to believe that disclosing it is necessary to identify, contact or bring legal action against someone who is causing you injury, or is injuring or interfering with the Services or Decker Services Corporate rights, Terms, or with other visitors to the Site. We may also reveal Community Content when we are required by the law, which includes responding to demands by law enforcement, civil and administrative authorities, usually in the form of a subpoena for information. We may also disclose the Community Content to identify or fix technical problems or respond to complaints about the Services.

We believe that all members and visitors benefit from basic rules regarding conduct while using the Services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask and you agree to follow the following basic rules of conduct when using the Decker Services Sites:

You will follow these Terms and all applicable laws.
You will never give your password or account information to anyone.
You will not provide your billing or credit card information except to make a purchase.
You will not harass, threaten or abuse other people when using the Site in ANY manner.
You will not interfere with others' use of the Site, including by interrupting other users' sessions, or otherwise act in a way that negatively affects other users' enjoyment of the Services.
You will not post any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or ANY other grounds that is harmful, vulgar, distasteful, defamatory, libelous, or invades another person's privacy or proprietary rights.
You will not attempt to harvest any IM screen names or e-mail addresses for any use whether commercial or noncommercial.
You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user.
You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Decker Services. Similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
You will not use the Site or Services to harm minors in ANY way.
You will not manipulate the Services so as to hide your identity or participation in Services on the Site.
You will not post any Member Content that contains any viruses, cancel bots, trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.
You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including, but without limitation to: junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services. If there is one thing we won't tolerate it is spam. Spammers WILL be prosecuted if caught. If you believe someone is spamming on our Sites, please notify us as soon as possible.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.

From time to time we receive requests to disclose the identities of our users. We do NOT disclose the identities of our users unless we are legally required to do so. If a governmental agency sends us a subpoena, we will comply with it.

You agree that you have read, understand and will comply with each of the terms and conditions set forth in these Terms. Throughout these Terms, we will refer to individuals who enroll in the forums either as "Member" or "you". Your failure to follow these Terms may result in the termination of your status as a member and your participation in the community. Termination will result in the immediate discontinuance of your account with all Decker Services Sites.

If at any time, you object to any of the Terms, you may terminate your membership in any or all of the Decker Services' programs by contacting us.

We reserve the right to limit or restrict enrollment in any program to any person at any time for any reason. Decker Services is under no obligation to provide you or any other member with the opportunity to enroll in the forums and may discontinue any program at any time with or without notice.

Decker Services employees and family members, including the employees and family members of Decker Services' affiliated companies, parents and subsidiaries, may participate in any activity, program, or service. However, Decker Services employees may only participate using their personal computers outside of work premises and work hours. Employees of other Decker Services agencies, partners, participating merchants and redemption suppliers may participate subject to permission being granted by their respective employer.

You can only have one Decker Services account even if you maintain more than one e-mail address. Furthermore, each e-mail address can only be associated with one account. If you have lost or forgotten your password, you are PROHIBITED from registering another account and steps must be made on your behalf to regain access to the original account.

An account cannot be used or accessed by multiple persons and you cannot combine separate accounts. Any duplicate accounts may be terminated by us at our sole discretion.

You can only enroll if permitted by your federal, state and local laws, rules, and regulations. Members must be human: no machines, scripts, or automated services may be used. Violators who run or maintain advertising bots or spam scripts WILL be prosecuted should their bots register on our Sites and spam the community.

Decker Services, at our sole discretion, may terminate any or all of your accounts to our Services if you have been inactive for a period of six (6) consecutive months. You may also be considered "inactive" if you do not respond to e-mail messages sent by us or other staff members.

You agree not to engage in any activities inconsistent with these terms, including but not limited to, committing any fraudulent activity, hacking, or tampering with the Decker Services servers in any way. Decker Services will, in its sole discretion, make all final decisions in cases of suspected abuse, fraud, or any other violation of these terms. Any and all decisions made by us are final and binding. Decker Services reserves the right to disqualify you or any account from participation in the forums or email accounts and if in Decker Services' sole judgment, you are not in good standing or if you, or any other person using your account, violate any of these terms, including, without limitation, engaging in fraud or other abuse.

You cannot transfer your hosting or email account to any other member at any time, including upon your death or by operation of law. You are free to do whatever you want with any gift or prize awarded to you from Decker Services.

Program Modifications

We may change or discontinue the member forums, email services, free, or paid hosting, including it's terms and conditions, redemption opportunities, participating merchants or the companies affiliated with the programs with or without notice to you, and we will not be liable to you or any third party if we exercise our right to change or discontinue the programs. We reserve the right to make final decisions regarding all discrepancies in our sole discretion, and you agree to abide with any such decisions. Even though this is the case, any changes will not affect prizes or awards if they have been awarded to you prior to the change.

As with the use of the Sites in general and the Decker Services site in particular, continued use of the programs will be understood as your knowledge of and assent to all changes to these terms, and as your consent to be bound by these terms.

You acknowledge and agree that Decker Services is not responsible or liable for any agreements between you and any of the program's affiliated companies, including participating merchants, with regard to your participation in sweepstakes, promotions and/or other activities.

We will need to disclose certain personal information about you in order to administer the programs. For example, we will need to disclose your name and address to third parties who need the information to ship your selected prizes and awards to you. Therefore, by using the Sites or the Decker Services site and the services, you authorize Decker Services to share this selected personal information with third parties, but solely for the purpose of implementing such member programs.

In order for us to award a positive balance to you for eligible purchase transactions, you also acknowledge and agree that participating merchants will provide your personal transaction information to us, including your name, the total amount of the transaction, the date of the transaction and other product-related information.

At any time, Decker Services may terminate membership in any of our free member programs for any reason or for no reason. Once an account has been terminated you may no longer accrue prizes, discounts, promotional content and you will immediately lose any unredeemed prizes, rewards, and/or money. You then may NOT sign-up for another account.

You understand that you are personally responsible for your behavior while on the Site and the Decker Services Sites, and agree to indemnify and hold Decker Services, subsidiaries, affiliates, and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind that you may incur in connection with a third party claim or otherwise, in relation to your use of the Services, access to the Site or the Decker Services Sites, your violation of either these Terms or the rights of any third party and/or in connection with the Points, accrual or redemption of prizes, awards, disclosure of membership passwords and any other matter in connection with your participation in the Decker Services Programs.

You agree to pay any and all taxes, duties and/or governmental charges such as income, sales, use, excise, value added, goods and services, and consumption taxes related to your participation in the programs as may be applicable, and in respect of the issuance or redemption of prizes.

SEARCH RESULTS: THE WEB CHANGES CONSTANTLY AND NO SEARCHING OR INDEXING TECHNIQUES CAN POSSIBLY INCLUDE ALL PAGES ACCESSIBLE ON THE WEB IN ITS INDEX OF SITES (THE "INDEX"). AS A RESULT, DECKER SERVICES DOES NOT AND CANNOT GUARANTEE THAT YOUR SEARCH RESULTS WILL BE COMPLETE OR ACCURATE OR THAT THE LINKS ASSOCIATED WITH THE INDEX WILL BE ACCURATE OR ACTIVE AT THE TIME OF YOUR SEARCH. THE WEB SITES INCLUDED IN THE INDEX ARE DEVELOPED BY PEOPLE WE DO NOT CONTROL. THE PROCESS OF INCLUDING SITES IN THE INDEX IS LARGELY AUTOMATIC. DECKER SERVICES CANNOT AND DOES NOT SCREEN THE SITES OR CONTENT INCLUDED IN THE INDEX. FOR THESE REASONS, WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF ANY SITE INCLUDED IN THE INDEX, AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SITE OR ANY DECKER SERVICES SITE (OR ANY SITE YOU MAY LINK TO FROM THE SITE OR ANY OF THE DECKER SERVICES SITES), OR ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED IN THE SITE OR ANY DECKER SERVICES SITE (OR ANY SITE YOU MAY LINK TO FROM THE SITE OR THE DECKER SERVICES SITES).

DECKER SERVICES MEMBER PROGRAMS: DECKER SERVICES OFFERS NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE AND DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE REWARDS PROGRAM OR THROUGH ANY PARTICIPATING MERCHANT.

YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE DECKER SERVICES SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT DECKER SERVICES MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT DECKER SERVICES DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ACCESS TO THE WEB SITE OR ANY SERVICES PROVIDED BY DECKER SERVICES MAY BE INTERRUPTED OR UNAVAILABLE DUE TO MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, DECKER SERVICES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE DECKER SERVICES WEB SITES.

DECKER SERVICES EXPRESSLY DISCLAIMS ANY ENDORSEMENT, RECOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DECKER SERVICES, ITS SISTER SITES OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF THE SITE, ANY DEEPLIST SITE OR THE DECKER SERVICES SITES, THE SERVICES OR THE INDEX, MEMBER'S USE OF THE INFORMATION, SERVICES AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE REWARDS PROGRAM, ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, INCLUDING MEMBER OPPORTUNITIES; TYPOGRAPHICAL (TYPE-O) ERRORS AND/OR OMISSIONS; DAMAGES OF ANY KIND RELATED TO A MEMBER'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE REWARDS PROGRAM; AND ANY ACTION, INACTION OR TRANSACTION ARISING FROM OR RELATED TO POINTS INCLUDING WITHOUT LIMITATION ANY ISSUANCE, TERMINATION, CANCELLATION, REDEMPTION, PURCHASE, CREDIT OR REFUND MADE OR DUE TO THE MEMBER, BY OR FROM ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION, ADVERTISERS, ASSOCIATED AND AFFILIATED COMPANIES OR SUPPLIERS EVEN IF DECKER SERVICES HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR NEGLIGENCE AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.

You understand that Decker Services is not responsible for the content of advertisements or Web sites from any companies associated with Decker Services. Decker Services is not responsible for the accuracy of associated companies' information including any changes in or discontinuance of services and/or products, nor any intellectual property infringement made by any party. Decker Services is not responsible for changes in the services and/or products offered by affiliated companies.

We can terminate your access to the Site or the Services at any time. We may also remove or edit any Member Content or Community Content that you post without cause and without notice to you. This includes all materials related to your use of the Services or membership, including e-mail accounts, Free Access accounts, homepages, postings, profiles or other personalized information you have created while on the Sites.

We can also change these Terms at any time, without notice, and your continued use of the Services after any changes will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

You may NOT use our screen shots, logos, images or any other content for noncommercial or commercial purposes. Direct linking to our Site or Services are permitted under limited circumstances.

This contract shall be governed by and construed in accordance with the state laws of Indiana without regard to conflict of laws or principles. These Terms as amended from time to time, set forth the entire understanding between the Member and Decker Services and supersede any and all prior or contemporaneous agreements or understandings between you and Decker Services, whether oral or written, as to the subject matter of these Terms. If any provision of these Terms or the application thereof to any Member or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of these Terms, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in DeKalb County, Indiana, U.S.A., regarding any and all disputes relating to these Terms, your use of the Site or any Decker Services Site, the Services or the Rewards Program. No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an administration officer of Decker Services. If the performance by Decker Services of the Terms or any obligation thereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of Decker Services, the Member shall excuse, without further action or notice, Decker Services' performance to the extent of such prevention, restriction or interference.