NOTICE TO SUBSCRIBER: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING USE OF DIVINSA'S E-MAIL HOSTING SERVICE. UTILIZATION OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. DESCRIPTION OF THE SERVICES
Divinsa agrees to provide you with a Web-based mailbox to send and receive electronic mail ("e-mail"), along with an address book for storing contact information. Divinsa may also choose to offer other services such as chat, forums, mailing lists, calendar, greeting card, Web hosting, online backups, or Web-based SMS.
2. LIMIT; STORAGE SPACE; OUTAGES
Other requested by you, Divinsa has set no fixed upper limit on the number of messages you may send or receive through its electronic mail service nor has it set a limit on the storage space associated with your electronic mail account.
Notwithstanding the foregoing, Divinsa retains the right, at Divinsa' sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our electronic mail services to other customers and to protect our computer systems, or to impose limitations on the storage space associated with your electronic mail account.
Divinsa's electronic mail service is subject to scheduled and unscheduled outages which will impact your ability to use the electronic mail service.
3. DELETION OF E-MAIL; TERMINATION OF SERVICE
Divinsa assumes no responsibility for the deletion of or failure to store, deliver, or deliver in a timely manner e-mail messages. In addition, if you transfer your domain name record to a third party in conjunction with a live Web site or for any other reason or allow your domain name registration to expire, you may no longer be able to use Divinsa's electronic mail service and any e-mails or other content in your account may be permanently deleted. Divinsa will not refund fees, if any, you have paid for the electronic mail service, any e-mail-dependent services, upgrades or enhancements thereto, if you elect to terminate your e-mail service or transfer your domain name record to a third party.
4. MONITORING; RESTRICTION OF TRANSMISSIONS
Your right to use Divinsa's electronic mail service is personal to you. You agree not to resell the electronic mail service, without the prior express written consent of Divinsa. Divinsa will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on Divinsa; (2) protect and defend the rights or property of Divinsa or its customers; or (3) act under exigent circumstances to protect the personal safety of our customers or the public.
You acknowledge and agree that certain technical processing of e-mail messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of electronic mail service; or (4) conform to other similar requirements.
You agree that Divinsa shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of electronic mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.