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10. Security
You are responsible for maintaining the security of your account and User Web Site, and you are fully responsible for all activities that occur under the account and on the User Web Site, and for any other actions taken in connection with a registered domain name, including those users to whom you give e-mail accounts associated with your domain names ("E-mail Users"). You agree to immediately notify Divinsa of any unauthorized uses of the account or any other breaches of security. Divinsa cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Divinsa be liable, in any way, for any acts or omissions, of you or any E-Mail User, including any damages of any kind incurred as a result of such acts or omissions.

11. Agents
You agree that, if you are using the Service for someone else, you represent and warrant that you have: (a) provided notice to that third party of your intent to purchase the Service; (b) obtained that third party's express consent to purchase the Service on its behalf; (c) obtained consent to post the content included on your User Web Site; and (d) the authority to bind that person as a principal to all terms and conditions provided herein.

12. System Performance Degradation
Divinsa and its third party partners depend upon computer systems that are responsive to the demands of their users, and that provide timely information to Divinsa's customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data and/or processes that result in significant degradation of their system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming data and/or processes, Divinsa reserves the right, in its sole discretion, to filter or block data and/or processes originating from or traveling to the identified sources of the high volume traffic. Divinsa will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Divinsa further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic. Finally, if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in Divinsa's absolute discretion.

13. Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CREATION AND PUBLICATION OF USER WEB SITES, IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, DIVINSA OR ITS SUPPLIERS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF THE SERVICE OR A USER WEB SITE, (b) USE OF OR INABILITY TO USE THE SERVICE OR A USER WEB SITE, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DIVINSA'S SITE OR TO A USER WEB SITE, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) THE DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (g) ANY TRANSACTIONS CONDUCTED ON A USER WEB SITE, INCLUDING FRAUDULENT TRANSACTIONS; (h) ANY LOSS INCURRED IN CONNECTION WITH THE SERVICE OR A USER WEB SITE, INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (i) EVENTS BEYOND DIVINSA'S (AND ITS SUBCONTRACTORS') REASONABLE CONTROL, (j) THE PROCESSING OF YOUR SERVICE APPLICATION; (k) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR DIVINSA POLICY; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (n) ANY OTHER MATTER RELATING TO THE SERVICE. 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 YOUR DATA. IN NO EVENT WILL DIVINSA'S LIABILITY FOR ANY CLAIM BY YOU, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS PAID BY YOU, IF ANY, FOR THE SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM.

 

 

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