Terms of Service

DIVINE RIGHT is a hosting provider that strives to provide the best service possible for each customer. These Terms of Service ("Agreement") govern your purchase and use of all hosting services (the "Services") provided to you (the "Customer") by DIVINE RIGHT and describes the terms and conditions that apply to your use of the Services. Under the terms of this agreement, accessing your account on any DIVINE RIGHT servers is an acknowledgement that you have read, understand, and agree to abide by the terms and conditions below.

MODIFICATION

DIVINE RIGHT reserves the right to modify these terms of service at any time and for any reason, with or without prior notice to the Customer. Amendments and modifications will be made effective by updating the Terms of Service document available on DIVINE RIGHT's website. A reasonable effort will be made to notify Customers of changes that will have a significant effect on their use of the Services, but at no time is DIVINE RIGHT under any obligation to make such a notification.

REFUSAL AND REVOCATION OF SERVICE

DIVINE RIGHT reserves the right to refuse Services, or to revoke or suspend Services to any Customer at its sole discretion.

ACCEPTABLE CONTENT AND USE

All services provided by DIVINE RIGHT may be used for lawful purposes only. It is a violation of this Agreement to transmit, store, upload or present any information, content or material which violates any applicable United States Federal, State or local law. This includes but is not limited to material for which the Customer does not hold the copyrights or written authorization to use, material which DIVINE RIGHT deems to be threatening, and material that jeopardizes national security.

The following are examples of content which is prohibited on DIVINE RIGHT servers. DIVINE RIGHT is the sole arbiter as to what constitutes a violation of this provision.

Content promoting or portraying illegal activities of any kind.
Content that may be damaging to DIVINE RIGHT servers or any other computer.
Pirated software.
Hacking, warez, virus, spam, and Unsolicited Commercial Email ("UCE") related sites and programs.
Files for which the Customer does not own the copyright, trademark, patent, or other similar protection.
Child or underage pornography.
Open or unsecured proxies.
Port scanners.
Any mechanism intended to subvert the security model of a computer.
IRC servers or daemons without express written permission from DIVINE RIGHT.

Content that violates this provision may be removed with or without prior warning to the Customer. The Customer agrees to indemnify and hold harmless DIVINE RIGHT from any claims resulting from Customer's use of DIVINE RIGHT services which damage Customer or any other party.

DIVINE RIGHT takes a strong stance against UCE ("Unsolicited Commercial Email"). Any Customer found to be sending unsolicited and/or unwanted email to any recipient or recipients will be dealt with by DIVINE RIGHT on a case by case basis resulting in one or more of the following actions:

A warning from DIVINE RIGHT by email.
Additional punitive fees.
Temporary suspension of Customer's account.
Permanent termination of Customer's account.

DIVINE RIGHT takes its reputation very seriously. If Customer's actions cause DIVINE RIGHT's servers to be listed on any black hole lists ("RBL") or other mail filtering systems, DIVINE RIGHT may choose to assess additional fees or punitive actions up to, including, but not limited to immediate termination of the Customer's account without notice or refund.

BANDWIDTH AND STORAGE

The Customer agrees that the use of the Services under this Agreement will not exceed any bandwith or storage usage limits imposed by DIVINE RIGHT. If the Customer's use exceeds such limits, Customer agrees to pay the associated additional charges. Bandwidth and storage usage limits and associated overage fees will be agreed upon by the Customer and DIVINE RIGHT at the time of ordering the Services.

DIVINE RIGHT may find it necessary to amend the usage limits and fees for a Customer, and will do so by posting the new limit and fee information on its website, and by making a reasonable effort to contact the Customer with the new fee information. By continuing to use the Services, Customer agrees to abide by any changes to the usage limits and associated fees.

Data stored by the Customer on servers owned by DIVINE RIGHT are owned by the Customer. The Customer agrees that DIVINE RIGHT cannot be held responsible for the Customer's data or the loss thereof. Customer agrees to be responsible for maintaining backup copies of his or her own data, and not to hold DIVINE RIGHT responsible in the event of its loss beyond DIVINE RIGHT's reasonable control.

TERM AND PAYMENT FOR SERVICES

This Agreement shall be for an initial term as chosen by you the Customer on the order form at the time that you register for Services. This Agreement shall automatically renew at the end of each term for the same period unless the Customer modifies or cancels the agreement through tools provided to the Customer by DIVINE RIGHT on DIVINE RIGHT's web site, or by opening a support ticket and requesting a change.

Termination of a Customer account shall be effective prior to the next term renewal (and therefore prior to the next payment). DIVINE RIGHT will not refund to you any fees paid in advance of such termination except in such circumstances as DIVINE RIGHT deems a refund appropriate. DIVINE RIGHT reserves the right to determine the amount, reason, and timing of any refund.

NO EXPRESS OR IMPLIED WARRANTY

ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY DIVINE RIGHT UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. THE Customer ACKNOWLEDGES AND AGREES THAT DIVINE RIGHT EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF INFORMATION PASSING THROUGH DIVINE RIGHT'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. DIVINE RIGHT DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET, OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, BUT NOT LIMITED TO, ANY FAILURE DUE TO COMPUTER HARDWARE MALFUNCTION OR COMMUNICATION SYSTEMS MALFUNCTION. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DIVINE RIGHT DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET, OR TRADEMARK INFRINGEMENT.

CUSTOMER ELIGIBILITY

The Customer hereby affirms that (a) he or she is at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) the Customer possesses the legal right and ability to enter into this Agreement; (c) the Customer shall use the Services only for lawful purposes in accordance with this Agreement and all applicable law; (d) and the Customer shall be financially responsible for his or her account.

LIMITATIONS

IN NO EVENT SHALL DIVINE RIGHT BE HELD RESPONSIBLE OR HOLD ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION OF, THEFT OF, DESTRUCTION OF OR LOSS OF DATA STORED ON DIVINE RIGHT SERVERS AND EQUIPMENT OR THE EQUIPMENT OF ITS AGENTS OR SERVICE PROVIDERS. DIVINE RIGHT SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR DAMAGES OF ANY KIND. THE LIABILITY HELD BY DIVINE RIGHT IN ANY EVENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO DIVINE RIGHT BY YOU, THE Customer DURING THE THIRTY (30) DAYS PRIOR TO THE DATE ON WHICH SUCH CLAIM OCCURED. THE Customer HEREBY RELEASES DIVINE RIGHT FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION. IN THE EVENT THAT THE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY TO THE EXTENT STATED HEREIN, THE LIABILITY SHALL INSTEAD BE LIMITED TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR LAWS AS DETERMINED BY DIVINE RIGHT, ITS AGENTS, OR DIRECT AGENTS OF THE LEGAL AUTHORITY IN QUESTION.

MAINTENANCE

The Customer hereby acknowledges that DIVINE RIGHT reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. DIVINE RIGHT will make a reasonable effort to notify all customers of planned outages before they occur and of unplanned outages as soon as possible after they occur, but is at no time under any obligation to inform the Customer of any such events.

PRIVACY

Data stored on DIVINE RIGHT's servers and equipment is the sole property of the Customer. As such, DIVINE RIGHT employees, contractors and other agents will not access these data except under the following circumstances:

Access to data is required for regular maintenance activities.
DIVINE RIGHT has a reasonable suspicion that Customer is violating these Terms of Service.
Customer purchases a service that requires access to the data, such as but not limited to data backup or custom programming services.
Customer explicitly grants permission to DIVINE RIGHT to make use of data belonging to the Customer.

Customers' data will be treated by DIVINE RIGHT as confidential and private. All reasonable efforts will be made to prevent it being used in any manner other than what the Customer intended, as far as the law allows. In the event of a legal, valid request by law enforcement, DIVINE RIGHT will comply with the relevant laws and law enforcement agencies as required.

CHOICE OF LAW AND FORUM

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND OF THE STATE OF OREGON.

SEVERABILITY

If any provision of this Agreement is deemed illegal, void, or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent that is legally permitted. The remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

SURVIVAL

All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.