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14. Indemnification of Divinsa
You agree to defend, indemnify and hold harmless Divinsa, its suppliers, subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claims, actions, or demands arising out of or related to: (i) your Content; (ii) your breach or violation of any term, condition, representation or warranty of this Agreement; (iii) your use of or connection to the Service; (iv) your use of or connection to a User Web Site; or (v) your violation of any rights of others.

15. Disclaimer of Warranties
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR GUARANTEES OF SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY DIVINSA, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

16. Suspension, Cancellation, Transfer or Modification
You agree and acknowledge that Divinsa will, in its sole discretion, determine whether or not your User Web Site is consistent with (i) the terms and conditions of this Agreement, or (ii) applicable Divinsa operating rules and policies. You also agree and acknowledge that Divinsa may suspend, remove, delete or modify any User Web Site or any portion thereof that Divinsa deems inconsistent with the terms and conditions of this Agreement or unacceptable for any other reason and may suspend, cancel or modify your access to and use of the Service for any violation of those terms and conditions, in Divinsa's sole discretion, and without prior notice to you. Such termination of the Service may result in the deactivation or deletion of your User Web Site, and the forfeiture, and deletion of all related files contained in your account. You further agree and acknowledge that Divinsa may, in its sole discretion, charge a reinstatement fee to customers who have had their Service suspended or canceled as a result of a violation of the terms and conditions of this Agreement, or otherwise. If you re-register for services after Divinsa's cancellation of your account without Divinsa's written consent, Divinsa will cancel your account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

Divinsa shall also have the right in its sole discretion to suspend, cancel, or otherwise modify your use of the Service or User Web Site at such time as Divinsa receives what reasonably appears to be an authentic notification from a court or tribunal of competent jurisdiction. Finally, Divinsa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Divinsa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17. Assignment
Divinsa shall have the right to assign this agreement to any person, firm or corporation. Subscriber may assign this Agreement with written notice to Divinsa, including proper billing instructions for the new subscriber. Such subscriber assignment shall be effective upon Divinsa's approval of the new entity's credit card, financial statement or with prepayment of required service fees.

18. Events Beyond Divinsa's Control
Divinsa shall not be deemed to be in breach of this Agreement, and its obligations hereunder shall be deemed suspended, if its performance is delayed or prevented, in whole or part, by any act of God, war, fire, natural disaster, accident, riot, strike, governmental action, shortage of materials or supplies, failure of any transportation or communication system, non-performance of vendor, or any other cause beyond its reasonable control.

 

 

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