Terms of Service

  1. Your Registration and User Account

    The registration information that you provide to Delphi Forums is considered private and personal between you and Delphi Forums, and is governed by the Delphi Forums Privacy Policy. All user accounts are governed by and subject to the following rules:

    1. Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently.

    2. Delphi Forums access is limited to persons age 13 and over.

    3. You agree to bear sole responsibility for all use of your account and for the confidentiality of your password. To protect your privacy, Delphi Forums may suspend access or change access to your account immediately upon discovery that your account has been accessed by another person, or upon notification by you that your password has been lost, stolen or otherwise compromised.

    4. You agree to provide an accurate email address. Delphi Forums may, at its sole discretion, suspend any account that is found to contain an invalid email address. Updates to your email address are made from your "My Preferences" page.

    Delphi Forums may need to communicate with each member from time to time. As a condition of service, all active members of Delphi Forums are required to receive routine and important "member service" announcements, via email, from Delphi Forums. Member service email from Delphi Forums may not be considered "spam" or blocked or blacklisted on any Internet blacklist service.

    If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify Delphi Forums of the problem by giving notice via e-mail to memberservice@delphiforums.com.

    To cancel your Account, go to your "My Preferences" page and scroll down to the "Account Status" section.

  2. Rules of Online Behavior

    Delphi Forums does not screen or edit messages posted in message boards, comments made in chat rooms, blog entries, or any other user-created content. However, Delphi Forums reserves the right to monitor said content and to remove any objectionable material at any time, in our sole discretion. By viewing and/or participating in message boards, chat rooms, blogs, or any other services provided by Delphi Forums, you acknowledge that you may encounter material that you find offensive. Delphi Forums disclaims any responsibility for said material.

    • By participating in any service of Delphi Forums, you agree not to:
      1. use services that are clearly identified as premium services unless you are a member in good standing at a subscription level that includes such services

      2. attach files to messages that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer

      3. participate in such a way as to undermine the operation of Delphi Forums, a forum, chat room, blog, or other Delphi Forums service

      4. use a message board, chat room, blog, or other service to harass others

      5. use Delphi Forums to disseminate any inappropriate, defamatory, libelous, threatening, infringing, obscene, or unlawful material or information.

      6. reveal personally identifiable information about another member, including but not limited to real name, address, and phone number, without that member's specific permission.

      7. violate any copyright law, or other intellectual property law,

      8. violate any criminal statute

      9. engage in computer activity commonly known as a Denial of Service attack

      10. promote the violation of this agreement

    • Any attempt to manipulate forum rankings by artificially inflating counts of visitors, message views, postings or other items used in determining the forum's standing will be considered a violation of this agreement, and subject to any and all punitive actions specified herein for such violations, including closure of forum and termination of account.

    • Delphi Forums disclaims all liability for messages appearing on message boards, comments made in chat rooms, Web pages hosted by Delphi Forums, blog entries and comments, and other materials created by Delphi Forums users. Delphi Forums has no responsibility for such content and is merely providing access to such content as a service to you.

    • Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of Delphi Forums. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Delphi Forums.

    • By participating in Delphi Forums, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.

    • Message boards, Web pages, chat rooms, blogs, and other services provided by Delphi Forums may not be used for unauthorized commercial purposes, including participation in any affiliate program. If, in the sole discretion of Delphi Forums, you are found to be using Delphi Forums for any inappropriate commercial purpose, Delphi Forums reserves the right to take action to end said activity.

    • If you operate a message board, Web page, chat room, blog, or other service of Delphi Forums that generates more than two (2) gigabytes of bandwidth per month, Delphi Forums reserves the right to charge additional fees to your account.

    • Delphi Forums may terminate your account if it believes, in its sole discretion, that you have violated any of the terms of this agreement, or that you have engaged in any behavior that Delphi Forums believes, in its sole discretion, is harmful to the operation of Delphi Forums

  3. Fees and Payments

    If you elect to purchase a subscription plan that requires a membership fee, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all fees you incur plus any applicable taxes. We accept most major credit cards on-line. Additionally, we accept payment via PayPal.

    You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Delphi Forums reserves the right to change the amount of, or basis for determining, any fees, and to institute new Fees, effective upon prior notice to you.

    Delphi Forums reserves the right to add new payment methods and to discontinue acceptance of any particular payment method. Delphi Plus members who enrolled on or before April 19, 2002 have a special Charter Membership rate of $3.95 per month (which may be adjusted for inflation not more than once every two years.)

    Your right to use the service is subject to any restrictions established by Delphi Forums or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned to Delphi Forums for any reason, including charge back, Delphi Forums reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

  4. Subscription Renewal, Cancellation, and Refunds

    Whether or not Delphi Forums notifies you, you give permission to Delphi Forums to automatically renew your membership and charge your membership fee to your credit card periodically in accordance with the membership term you have selected. To review when your account will be renewed, go to your My Account page.

    You may also "opt-out" of this automatic renewal at any time. Canceling your paid membership will keep your account and all of its associated features active until the current time period for which you are enrolled expires. In order to cancel your membership go to your My Account page. If the Auto-renewal box says "Yes," click the Change button to turn it off.

    The renewal charge will be at the rates in effect at the time of your renewal.

    DelphiPlus members who enrolled on or before April 19, 2002 have a special Charter Membership rate of $3.95 a month (which may be adjusted for inflation not more than once every two years).

    Delphi Forums may offer various 'lifetime' and 'charter' guaranteed rates to members. If a member receives such a rate and allows a membership to lapse, such discounted lifetime/charter rates shall, at Delphi Forums' sole discretion, be lost to the member. Such a rate will also be lost to the member if a membership is cancelled due to a member's violation of these Terms of Service.

    Refunds are only issued within 7 days of initial purchase. There are no prorated refunds. If Delphi determines, in its sole discretion, that you have violated our Terms of Service, your account may be cancelled. In the case of cancellation by Delphi Forums due to a Terms of Service violation no refund of any charges will be made, including any unused portion of a membership subscription.

  5. Privacy

    Please review the Delphi Forums Privacy Policy.

    Delphi Forums will strive to protect the privacy of all members who abide by these Terms of Service. However, at its sole discretion and especially in cases of abusive, libelous, illegal, and/or malicious behavior on the part of a member, Delphi Forums may release certain membership information to appropriate parties when directed by law, through reasonable settlement of litigation against Delphi Forums if served notice of such malicious behavior through a competent court, or for other such legitimate reasons to be determined on a case-by-case basis solely at the discretion of Delphi Forums.

  6. Information About Partners and Features Provided by Other Companies

    Some of the features offered through Delphi Forums membership are operated by third party providers which may subject you to additional terms of service. Delphi Forums disclaims any responsibility for the operation of such services. In order to use these functions properly, these companies may need to collect or use information that you provide to them through your use of Delphi Forums. In order to determine whether a) their systems are working properly, b.) any misuse or abuse of their system exists, or c) any illegal activity is occurring, these companies may have to have access to your emails, messages, chat, or other communications that occur on Delphi Forums. However, Delphi Forums is not responsible for the content or the privacy policy or practices of any other Web sites or for the actions of the companies responsible for those Web sites.

  7. Representations, Warranties and Acknowledgements
    • Delphi Forums does not endorse, and specifically disclaims any responsibility or liability for, any content on any message board or blog, in any chat room, on any Web page, or on any other content on Delphi Forums. Delphi Forums makes no representations about the reliability of services provided by Delphi Forums or by any third party provider, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on said material and/or systems will be at your own risk. Delphi Forums makes no representations regarding the amount of time that forums, chat rooms, blogs, message board discussions, uploaded files, or any other content will be preserved by Delphi Forums.

    • Delphi Forums reserves the right to add new membership programs and to change the terms of existing membership programs at any time, including paid programs such as DelphiPlus. These modifications may include, but are not limited to, changes in the service, product offerings, price, or administration of the program. Not all products are available for all platforms, clients, or browsers. Delphi Forums will announce any change in the price of the program on its website prior to any such change taking effect.

    • By posting on message boards or blogs, participating in chat rooms, or creating any other content (excluding private email communication), you will be deemed to have granted Delphi Forums perpetual, non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability.

    • You maintain a copyright on any copyrighted original material you post, to the extent allowed by law. The reposting of a message on a different forum on Delphi Forums without permission of the author is prohibited, except that official Delphi Forums staff announcements posted in support forums may be reposted in other forums.

    • You participate in and/or operate message boards, chat rooms, blogs, and/or other Delphi Forums features at your own risk. If you are unhappy with the contents and/or operation of a message board, blog, and/or chat room, your only recourse is to contact the host of said message board and/or chat room or owner of said blog. If you are dissatisfied with any feature, operability, contents, this agreement, other agreements Delphi Forums imposes as a condition of usage, or any other component of the Delphi Forums Web site, your sole remedy is to discontinue use of Delphi Forums services.

    • If ordering merchandise and/or services from anyone other than Delphi Forums, through any commercial service offered via an official Delphi Forums partnership or affiliate, via Delphi Forums, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. Delphi Forums makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.

    • Delphi Forums may display advertising or paid content on any page and may alter any link to identify it as coming from Delphi Forums. You understand that Delphi Forums may sometimes get paid if you click on any such links and purchase a product or service. Regardless of this potential revenue, unless stated otherwise, Delphi Forums makes no endorsement of any such product or service. Delphi Forums may not always identify paid or sponsored content, advertisements, or affiliated links as such.

    • DELPHI FORUMS SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO DELPHI FORUMS OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DELPHI FORUMS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE DELPHI FORUMS NOR SHALL DELPHI FORUMS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DELPHI FORUMS' REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DELPHI FORUMS RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL DELPHI FORUMS' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    • You acknowledge that Delphi Forums has the right to delete any messages, files, or any other content that you may have uploaded to any service of Delphi Forums which have not been accessed for some period of time and is deemed by Delphi Forums, in its sole discretion, to be abandoned, or any materials that violate the terms of this or any other binding agreement.

  8. Indemnification

    You agree to indemnify and hold Delphi Forums, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

    You shall remain solely liable for the Content you upload or transmit to any Forum, blog, message board, chat room or any interactive areas on the Site. You agree to indemnify and hold harmless Delphi Forums from any claim, action, demand, loss, expense or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release Delphi Forums (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  9. Modifications

    Delphi Forums may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the Delphi Forums web site. If you do not agree to the changes, your only remedy is to cancel your Delphi Forums membership.

  10. Governance

    This Agreement will be governed by and construed in accordance with the Laws of the Commonwealth of Massachusetts.

  11. Assignability

    Delphi Forums may assign this Agreement, or any rights or obligations hereunder, (by operation of law or otherwise) without the prior written consent of its members. This Agreement shall inure to the benefit of, and be binding on, permitted assigns and successors of Delphi Forums.

  12. Severability

    In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

  13. Amendments and Waivers

    The failure of either Delphi Forums to insist upon or enforce or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of Delphi Forums' right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. In the event that any published statements, other agreements, or other official policies of Delphi Forums may conflict with any of the terms contained in this document (Terms of Service) the terms of this document shall govern.

To report abuse: TOS@delphiforums.com