Terms, Conditions, and Policies for the Use of Website and Web Services

Welcome. You are viewing the Website of Delaware Sustainable Energy Utilities Corporation and its affiliated companies. These terms, conditions, and policies, and those referred to below, govern your use of this Website and the Web Services (hereinafter defined) provided through this Website. Please read them carefully. Your use of this Website and any of the Web Services constitutes your agreement to abide and be bound by these terms, conditions, and policies (herein collectively referred to as the "Agreement"). The Agreement also extends to any email sent by a user to Delaware Sustainable Energy Utilities at any time arising out of transactions involving this Website or the Web Services. You must comply with the Agreement and any applicable user information provided by or to you in connection with each use of this Website and any Web Services provided through this Website. Any use of this Website or the Web Services contrary to the Agreement, as in effect at the time of such use, is unauthorized and prohibited. City of Delaware Sustainable Energy Utilities reserves the right, in its sole discretion, at any time, for any reason, and without prior notice to any user, to revise the terms, conditions, and policies applicable to the use of this Website. Accordingly, users are advised to review this Agreement each time they use this Website or the Web Services.

Throughout the Agreement, the words "user," "you," "your," and "yours" refer to any person or entity using this Website or the Web Services, and the words "Delaware Sustainable Energy Utilities," "we," "us," and "ours" refer to Delaware Sustainable Energy Utilities Corporation and/or one or more of its affiliated companies, as well as any vendor that Delaware Sustainable Energy Utilities, in our sole discretion, may use to support this Website or provide Web Services. The term "Website" refers to this Delaware Sustainable Energy Utilities website, and the term "Web Services" refers to any and all services of any kind available through this Website, including but not limited to account access services, paperless bill delivery services, and one-time and repetitive bill payment services.

1. OTHER TERMS, CONDITIONS, AND POLICIES

In addition to this Agreement, there are other terms, conditions, and policies applicable to the utilization of particular Web Services that are now provided or will in the future be provided, such as paper-free billing online account access one-time online bill payment recurring bill payments the establishment, change or termination of utility services and changes of customer account profile information. In the event of a conflict between this Agreement and any such other terms, conditions, and policies, this Agreement shall govern. Access to such other terms, conditions, and policies is provided in connection with accessing particular Web Services. A user accessing this Website or using such other Web Services shall be deemed to have agreed to and be bound by such other terms, conditions, and policies (including the Privacy Policy, available by clicking here) in addition to this Agreement.

2. PROPRIETARY RIGHTS SUBMISSIONS LAWFUL USE

a) This Website and the Web Services are proprietary to Delaware Sustainable Energy Utilities. Except as otherwise indicated, all information, text, images, logos, designs, graphics, photos, sounds, presentation, layouts, icons, documentation, forms, and other materials (herein referred to as "Content") on this Website or provided by Delaware Sustainable Energy Utilities for use in connection with the Web Services accessed through this Website are the subject of copyrights, trademarks, service marks, and/or intellectual property or proprietary rights held by or licensed to Delaware Sustainable Energy Utilities, including but not limited to the "Delaware Sustainable Energy Utilities" name and its associated logo. Content of this Website may not be published, copied, distributed, transmitted, modified, exploited, or used in the creation of derivative works, in any form or by or to any entity (other than Delaware Sustainable Energy Utilities) for any purpose without the prior written consent of Delaware Sustainable Energy Utilities provided, however, that users of this Website may download Content in connection with the ordinary utilization of the Website and/or the Web Services for use by a single individual using a standard Web browser, so long as such Content is not modified, altered, deleted, retransmitted, published, or otherwise changed and copyright, trademark and/or service mark, and other proprietary notices are not removed.

b) Any information, suggestion, idea, graphic, remark, or other submission made by a user to City of Delaware Sustainable Energy Utilities through this Website or in connection with the accessing of the Web Services, whether submitted by email or otherwise, shall become the exclusive property of Delaware Sustainable Energy Utilities and shall not be deemed to be confidential except as provided by Delaware Sustainable Energy Utilities's Privacy Policy. Delaware Sustainable Energy Utilities shall be entitled to use any such submission and any derivative works created therefrom, and any related concepts, ideas, techniques, or know-how for any lawful purpose without any obligation to any user submitting the same and without any other restriction, permission, or compensation. Each user making any such submission thereby acknowledges the originality of such submission and accepts responsibility for its accuracy, completeness, appropriateness, and legality.

c) This Website and the Web Services are provided only for lawful use. Any use of this Website or the Web Services for any purpose contrary to applicable law is strictly prohibited.

3. SECURITY AND PRIVACY

a) Information transmitted over the Internet and stored on computers connected to the Internet can never be perfectly private or secure. Delaware Sustainable Energy Utilities shall endeavor to maintain the security and privacy of the information it receives in accordance with Delaware Sustainable Energy Utilities' s Privacy Policy, which you can access by clicking here.

b) Each user shall be responsible for the use, security, and safeguarding of such user' s identification, password, Delaware Sustainable Energy Utilities account information, and other confidential information. Delaware Sustainable Energy Utilities shall have no responsibility or liability for damages resulting from the theft or unauthorized use of a user' s identification, password, Delaware Sustainable Energy Utilities account information or other confidential information, including but not limited to the user' s tax identification number, address, telephone number, credit card number, or bank account number.

4. EQUIPMENT AND NETWORK SERVICES

Each user is responsible for supplying and maintaining all hardware, software, access to networks, and communications and other equipment necessary for connectivity to gain access to this Website and the Web Services. Delaware Sustainable Energy Utilities shall have no responsibility whatsoever with respect to the foregoing.

5. MONITORING

Delaware Sustainable Energy Utilities retains the right, exercisable in its sole discretion, at any time and from time to time, to monitor any and all activities on this Website or in connection with the Web Services. Delaware Sustainable Energy Utilities further reserves the right, without the consent of or liability to any user or third party, to record, screen, edit, curtail, or remove any content on this Website at any time and for any reason, including because it believes such content to be harmful, harassing, abusive, offensive, or in violation of this Agreement or any other terms, conditions, and policies applicable to this Website or the Web Services. Delaware Sustainable Energy Utilities shall have no liability to any user or third party for the performance or non-performance of monitoring or other actions taken pursuant to this Agreement.

6. EMAIL

In connection with activities conducted on this Website and with respect to Web Services Delaware Sustainable Energy Utilities will attempt to send you courtesy email confirmations or other email with important information relating to your account. Delivery of email may be affected by circumstances beyond the control of Delaware Sustainable Energy Utilities, including but not limited to incorrect email addresses provided by users, changed email addresses as to which Delaware Sustainable Energy Utilities has not been notified, personal and Internet spam filters, size filters, timing of the delivery of emails, unavailability of emails, or other network problems. Delaware Sustainable Energy Utilities assumes no responsibility for the timeliness, deletion, missed delivery, or failure of emails due to the foregoing or the failure to store data, failure of personalized settings by users or email service providers, or any other cause. Users have the responsibility to make every effort to allow delivery of email sent by Delaware Sustainable Energy Utilities. Delaware Sustainable Energy Utilities has no responsibility for damages or loss due to emails that are not received by users for any reason. Each user is responsible for reading and responding in a timely and appropriate manner to emails sent by Delaware Sustainable Energy Utilities.

7. EXCLUSION OF WARRANTIES

a) THIS WEBSITE, THE WEB SERVICES, AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

b) The Content of this Website may contain technical, typographical, or other errors, inaccuracies, or omissions. Delaware Sustainable Energy Utilities reserves the right, in its sole discretion, at any time, and for any reason, to make corrections, revisions, and changes to this Website or the Web Services, and/or to suspend or terminate the availability of this Website or the Web Services to any or all users, without prior notice. Delaware Sustainable Energy Utilities makes no warranty and shall have no responsibility to any user with respect to any such error, inaccuracy, omission, correction, revision, change, suspension, or termination.

c) Delaware Sustainable Energy Utilities makes no warranty that this Website or websites accessible through this Website are free of destructive computer code such as viruses, worms, trojan horses, and the like. Users should take their own precautions with respect to such code.

d) Delaware Sustainable Energy Utilities shall have no responsibility and makes no representation, warranty, or endorsement with respect to any other website that a user may access from this Website or in connection with any Web Service. Access to any such other website(s) is provided solely as a convenience to users. Any such other website is independent of this Website, and Delaware Sustainable Energy Utilities has no control over the content of any such other website. Users accessing other websites linked to this Website do so entirely at their own risk, and are subject to such terms and conditions as are imposed by such other linked websites.

8. WEBSITE UNAVAILABILITY FAILURE OF ONLINE TRANSACTIONS

The unavailability of this Website or any Web Services, or the failure of any Web Service or online transaction for any reason, shall not relieve any utility customer or user from, or excuse the delay in the payment or performance of, any obligation owed to Delaware Sustainable Energy Utilities for or in connection with utility services that have been rendered or otherwise.

9. LIMITATIONS OF LIABILITY

IN NO EVENT WILL Delaware Sustainable Energy Utilities BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES FOR ANY USE OF THIS WEBSITE, THE WEB SERVICES, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON Delaware Sustainable Energy Utilities OR ANY USER' S COMPUTER HARDWARE OR INFORMATION HANDLING SYSTEMS, OR OTHERWISE, REGARDLESS OF WHETHER Delaware Sustainable Energy Utilities HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Delaware Sustainable Energy Utilities IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OR LOSSES OF ANY KIND, OR FOR FAILED, INCOMPLETE, DISTORTED, OR DELAYED DATA TRANSMISSIONS, OR EQUIPMENT INCOMPATIBILITIES, IN RELATION TO ANY USE OF THIS WEBSITE OR THE WEB SERVICES. Delaware Sustainable Energy Utilities IS NOT RESPONSIBLE FOR DAMAGE RESULTING FROM DESTRUCTIVE COMPUTER CODE SUCH AS VIRUSES, WORMS, TROJAN HORSES, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL Delaware Sustainable Energy Utilities BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF INFORMATION, INTERACTIVE FORMS, CONTENT, OR COMPUTER CODE ON THIS WEBSITE OR ANY WEBSITE ACCESSIBLE THROUGH THIS WEBSITE, OR RELATED TO THE WEB SERVICES.

10. WAIVERS

Delaware Sustainable Energy Utilities will not be deemed to have waived any of the terms of this Agreement or any of its other terms, conditions, or policies with respect to this Website or the Web Services, or any of its rights with respect to the foregoing, unless the waiver is in a written document expressly setting forth the nature and extent of the waiver, executed by a representative of Delaware Sustainable Energy Utilities duly authorized to execute and deliver the same. No delay or omission on the part of Delaware Sustainable Energy Utilities in enforcing this Agreement or any such other terms, conditions, or policies shall impair its current or future exercise of its rights and remedies thereunder or be construed as a waiver of any provision of this Agreement or any such other terms, conditions, or policies. No partial or single exercise of any right or remedy available to Delaware Sustainable Energy Utilities under this Agreement or any such other terms, conditions, or policies shall preclude the full availability to Delaware Sustainable Energy Utilities of such right or remedy.

11. ASSIGNMENT

No user may assign to any other person or entity its rights or obligations under this Agreement or under any other terms, conditions, or policies with respect to this Website or the Web Services without the express written consent of Delaware Sustainable Energy Utilities. Delaware Sustainable Energy Utilities, in its sole discretion, may freely assign this Agreement or its rights and obligations hereunder or under any other terms, conditions, or policies with respect to this Website or the Web Services, in whole or in part, to any third party or parties without the consent of or notice to any user

12. APPLICABLE LAWS

This Website and the Agreement are governed by the laws of the State of Arkansas, excluding its conflicts of laws principles, and, where and to the extent applicable, by federal law. Terms, conditions, and policies applicable to the provision of particular Web Services by specific City of Delaware Sustainable Energy Utilities utility subsidiaries are governed by the laws of the state in which the relevant Delaware Sustainable Energy Utilities public utility affiliate provides utility services, regardless of where a particular user is located or resides at the time the user obtains utility services, accesses the Website, or makes use of the Web Services. Delaware Sustainable Energy Utilities does not represent that the materials on its Website or in the Web Services may be used outside of the United States. Access to the Website and use of the Web Services may not be legal by certain persons or in certain countries. Users who access this Website or use the Web Services from outside the United States do so at their own risk, and are responsible for compliance with the laws of the jurisdiction from which the Website is accessed or the Web Services are used.

13. CAPTIONS

Captions and titles in this Agreement and in any other terms, conditions, or policies with respect to this Website or the Web Services are for convenience only and are not to be construed to affect the meaning or affect this Agreement or any such other terms, conditions, or policies.

14. SEVERABILITY

If any provision of this Agreement or of any other terms, conditions, or policies with respect to this Website or the Web Services is determined to be void or invalid as a matter of law, the remaining provisions of this Agreement and of any such other terms, conditions, and policies shall not be affected thereby and shall remain in full force and effect.