Data Protection Services Subscription Agreement
(Online Backup & Mirroring)
NOTICE TO SUBSCRIBER: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING USE OF DIVINSA'S AUTOMATED ONLINE BACKUP SERVICE. UTILIZATION OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. Service Provided. Use of this Service (the "Service") consists of the right of a Subscriber of the Service ("Subscriber") and its designated users to electronically transmit and store computer data for archival and backup purposes, using either a private data communications network or the Internet, into one or more server computers maintained by Divinsa LLC ("Divinsa"), and to retrieve said data. The Service is made available by Divinsa to Subscriber during the period Subscriber maintains a paid subscription to the Service. Unless otherwise agreed, Subscriber's right to use the Service or to designate users is not transferable and is subject to any limits established by Divinsa. Subscriber is responsible for and must provide all telephone, Internet, and other equipment and services necessary to access the Service, at Subscriber's expense.
2. Limited License. Divinsa may provide certain software to Subscriber to facilitate use of the Service (the "Software"). Divinsa hereby grants Subscriber a limited license to use the Software solely in connection with utilization of the Service during the term of this Agreement, and for no other purpose. Upon termination of this Agreement for any reason, Subscriber shall immediately cease all use of the Software, and shall promptly uninstall and delete all copies thereof in Subscriber's possession or under its control.
3. Term of Agreement. The term of this Agreement shall commence upon Divinsa's approval of Subscriber's application for Service, and shall continue on a month-to-month basis until terminated by a party as provided below.
4. Pricing and Payment. Subscriber shall pay all registration, setup, subscription, usage and other fees and charges incurred by Subscriber or Subscriber's designated users, at the Pricing published by Divinsa on its website for the billing period in which those charges are incurred, together with all sales and other taxes applicable to such fees and charges. Subscriber shall make all payments by credit card and shall maintain a current authorization for Divinsa to debit Subscriber's credit card account for all amounts payable under this Agreement.
5. Dishonor and Non-Payment. In the event that the financial institution issuing Subscriber's credit card declines to honor any charge by Divinsa (including the reversal of payment of a prior charge based upon a dispute of such charge by the Subscriber), Divinsa may, at its sole discretion and without prior notice to the Subscriber: (a) suspend its performance under this Agreement and deny Subscriber's and Subscriber's designated users' access to and use of the Service until Subscriber all payment issues have been resolved, or (b) terminate this Agreement including all further right of Subscriber and Subscriber's designated users' to access and the use of the Service. For situations where the Subscriber's credit card issuing financial institution has been notified of a payment dispute, said Subscriber agrees that proof of Service usage by Subscriber constitutes proof of Subscriber's authorization for Divinsa to submit payment requests to Subscriber's credit card issuing financial institution with respect to such usage.
6. Pricing Changes. From time-to-time and at the sole discretion of Divinsa, Divinsa may change its Pricing with respect to the Service or any component thereof. The Subscriber shall be notified of such Pricing changes by electronic mail or via a posting on www.divinsa.com, and no Pricing increase shall be effective less than 30 days prior to such notification. In the event the Subscriber shall be unwilling to pay the increased Pricing, the Subscriber may terminate this agreement upon giving notice in writing to the Subscriber and ceasing to use the Service at the conclusion of the current billing period. Continued usage of the Service after the end of such billing period shall be deemed acceptance of the revised Pricing.