Web Site Hosting Services Agreement
NOTICE TO SUBSCRIBER: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING USE OF DIVINSA'S WEB SITE HOSTING SERVICE. UTILIZATION OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
This Web site Hosting Services Agreement (the "Agreement") is by and between you the “Subscriber” of the Service, and Divinsa, Inc. ("Divinsa"), and sets forth the terms and conditions of your use of Divinsa's Web Site Hosting Service (the "Service"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by Divinsa from time to time for its services, at http://www.divinsa.com. This Agreement, as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Divinsa concerning your use of this Service, and supersede and govern all prior proposals, agreements, or other communications. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS AGREEMENT AND THE TERMS OF OTHER DIVINSA AGREEMENTS, THIS AGREEMENT SHALL GOVERN. Unless explicitly stated otherwise, any new features, updates, upgrades or versions that augment or enhance the current Service shall be subject to this Agreement. Please note that other Divinsa services, outside of the Service, are governed by other Services Agreement and may be governed by other terms and conditions.
1. The Service
The Service provides the ability to publish a World Wide Web site (a "User Web Site"). You further agree and acknowledge that Divinsa allows only one User Hosting Service per domain name.
Your right to use the Service is personal to you. If you transfer your domain name record to a third party registrar or registrant, or allow your domain name registration to expire, you may no longer be able to use the Service. In addition, we may, in our sole discretion, choose not to transfer the Service to another customer or to another domain name residing at Divinsa.
When you sign up for the Service, you may receive an email or instructions from Divinsa advising you to configure your domain name to an IP address for your account. Once you configure your domain name to such IP address and until you publish your Web site, your domain name will resolve to a Web page of Divinsa’s choosing, or no Web page at all. Divinsa’s Web page’s may be modified at any time by Divinsa without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Divinsa and third parties. If, for any reason, you do not wish to have your domain name resolve to a Web page of Divinsa’s choosing, you will need to either publish your own Web site or change the IP address associated with your domain name.
2. Payment Terms; Renewal of Service
As consideration for the Service, you agree to pay Divinsa, upon submission of your Service application or renewal application, the then-current fees set forth in the Divinsa price schedule for the Service when such fees are due. All fees are non-refundable. Divinsa reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
2.2 Data Storage and Transfer Fees
All hosting plans are subject to storage and transfer limitations. You are responsible for all charges related to stored data or transfers. In the event that you do not pay any applicable fees, Divinsa reserves the right to suspend or disable your account until such fees are paid.
You will have the ability to upgrade the Service at any time during the term of your Service. Such upgrade will take effect immediately. For any upgrade in package level, the credit or debit card that you provided in connection with your initial registration for the Service will be charged a pro-rata amount for the higher-level Service based on the number of days remaining in the term. Downgrades in Service may not be available and will be supplied solely at Divinsa’s discretion.