7. No Refunds for Service Interruptions. Due to the nature of the Internet and the technology utilized in connection with the Service, or to other matters beyond Divinsa's control, Service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such Service interruption. Subscriber hereby acknowledges that where changes in the nature of the Service occur due to matters which are beyond the control of Divinsa, such changes do not constitute grounds for any full or partial refund of any fees previously paid.

8. Responsibility for Confidentiality of Subscriber's Data. Divinsa shall take reasonable steps to protect the confidentiality of Subscriber's data, including archive or backup copies of such data. Notwithstanding the foregoing, however, Subscriber shall be solely responsible for maintaining the confidentiality of Passwords utilized by Subscriber with respect to the Service, including restricting knowledge of Passwords to Subscriber's designated users. Subscriber shall be solely responsible for all use of the Service accessed through Subscriber's Password. DIVINSA NEITHER ASSUMES NOR ACCEPTS ANY RESPONSIBILITY OR OBLIGATION TO SUBSCRIBER, SUBSCRIBER'S DESIGNATED USERS, OR OTHER USERS OF THE SERVICE TO MONITOR, SUPERVISE OR OVERSEE THE USAGE OF THE SERVICE OR THE CONTENTS OF FILES STORED ON THE SERVICE. DIVINSA MAY CHARGE A FEE FOR PROVIDING SUBSCRIBER WITH CONFIRMATION OF A PASSWORD IN THE EVENT IT IS LOST OR FORGOTTEN. WITHOUT THE CORRECT PASSWORD, SUBSCRIBER'S DATA WILL REMAIN ENCRYPTED AND INACCESSIBLE.

9. Restrictions Upon Use of Service, Indemnification. Subscriber shall not use the Service for storage, possession or transmission of any information, the possession, creation or transmission of which violates any state, local or federal law, including without limitation, stolen materials, obscene materials or child pornography. SUBSCRIBER'S BACKUP FILES MAINTAINED BY DIVINSA ARE SUBJECT TO EXAMINATION BY LAW ENFORCEMENT OFFICIALS OR OTHERS WITHOUT SUBSCRIBER'S CONSENT, UPON PRESENTATION TO SUBSCRIBER OR DIVINSA OF A SEARCH WARRANT OR SUBPOENA. Subscriber agrees to indemnify and hold Divinsa harmless against any cost or liability (including attorney's fees) arising out of use of the Service by Subscriber, it's employees or agents for any unauthorized or illegal purpose, or arising out of the need to respond to a search warrant or subpoena with respect to data stored by Subscriber or any user having access to Subscriber's account.

10. Loss of Subscriber's Data. No bailment or similar obligation is created between Subscriber (and/or Subscriber's designated users) and Divinsa with respect to Subscriber's stored data. Divinsa strongly recommends that Subscriber maintain an alternative electronic backup file of all data stored using the Service. Subscriber should not utilize the Service as a substitute for primary electronic file maintenance. DIVINSA SHALL NOT BE RESPONSIBLE FOR THE LOSS OF SUBSCRIBER'S DATA STORED USING THE SERVICE, DUE TO ANY CAUSE BEYOND DIVINSA'S REASONABLE CONTROL. Divinsa may, but shall not be obligated to, make copies of all data files stored as part of the back up and recovery of servers utilized in connection with some of the Services. Subscriber shall have no right to access such backup files.

11. Disclaimer of Warranties. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. NEITHER DIVINSA NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO DIVINSA OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS MADE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Remedies. NEITHER DIVINSA, ITS EMPLOYEES, AGENTS, NOR ANYONE ELSE INVOLVED IN CREATING, DELIVERING OR MAINTAINING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF USE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR LOSS OF SUBSCRIBER'S DATA. IN NO EVENT WILL DIVINSA'S LIABILITY FOR ANY CLAIM BY SUBSCRIBER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS PAID BY SUBSCRIBER, IF ANY, FOR THE SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM.