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General Terms
In these terms,
'we' and 'us' and 'our' means, including and not limited to, Divine
Publishing, the Divine Publishing Network, and/or Divine
Technologies, eKine Properties, LLC, The Helper Corporation, Helper
Investments, Inc., and Kathleen Ministires, 'our' employees, and
'our' many affiliates.
When you sign up for any
products and/or services provided by Divine Publishing, like with
ALL Internet companies, you automatically agree to
'our' terms and conditions:
'Our' website, DivinePublishing.com, is a
part of a Christian Internet publishing network that provides web hosting solutions to clients of many faiths, and prominent churches and ministries,
as well as growing International Businesses and Real Estate
Companies. 'We'
have a responsibility to protect each client and to provide the best
wholesome services; the most honest services available. For that
reason, the following
guidelines were designed to ensure that these obligations are met to the
best of 'our' ability.
Content
Services provided by 'us', Divine Publishing, are to be used for lawful
purposes only. Transmission, storage or presentation of any information,
data or material in violation of any United States Federal, State or
City law is prohibited. This includes, but is not limited to,
copyrighted material, material 'we' judge to be threatening or obscene or
material protected by trade secret or other statute. The subscriber
agrees to indemnify and hold 'us' harmless from any claims
of damages to the subscriber, or any
other party, resulting from the use of any of 'our' services. (This applies to and includes parties that you
resell 'our' services to.)
All sites that promote any kind illegal activity or present content that
may be damaging to 'our' servers or any other server on the
Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links for anyone on
'our' servers:
Pirated software
Hacker programs or archives, destructive or otherwise.
Warez sites.
Witchcraft projects or media; witchcraft related in ANY way.
Sexual content of ANY kind. This includes porn, but also nudity of ANY kind. This includes art, whether sexual
suggestions are obvious, vague or abstract. 'We' reserve the right to add to or change these requirements at any time.
This includes sites that may 'infer' sexual content, i.e. escort services,
misc. services from a masseuse, nude-acting casting calls, or even links
to adult content elsewhere. If in doubt if a service is allowed, please
contact Sales.
Divine Publishing will be the sole arbiter in determining
violations of this provision.
Commercial Advertising - E-mail - this MUST be somehow solicited.
Spamming, or the sending of unsolicited e-mail, from 'our' servers; daKineHost.com,
Divine Publishing, Divine Technologies and
eKine Properties, LLC
servers, or using an e-mail address or domain that is maintained on a eKine Properties, LLC machine as reference is STRICTLY prohibited.
Divine Publishing, Divine Technologies, and eKine Properties, LLC will be the sole arbiters as to what constitutes a violation
of this provision. 'We' don't SPAM people and 'we' don't expect
'our'
clients to SPAM either. Spamming websites will be shutdown
immediately upon discovery.
IRC
IRC or IRC bots may not be operated on 'our' servers at this time.
Server Abuse
Any attempt to undermine or cause harm to a server or a customer of
'ours', Divine Publishing, Divine Technologies or eKine Properties, LLC is strictly prohibited.
Refusal of Service
'We', meaning the whole Network, Divine Publishing, Divine
Technologies, eKine Properties, LLC and The Helper Corporation,
etc., reserve the right to refuse, cancel or suspend service at
'our' sole
discretion. 'We' are not to be held responsible for any loses---business,
monetary, or
otherwise---that may occur as a result of cancellation, suspension, or
refusal of service.
'We' are not to be held responsible for any bazaar disaster that may cause
you loss of your data. 'We' do daily, weekly and monthly backups of
'our' servers, and in most cases,
will have backups for 'our' clients and their clients data in an emergency. However, you are
solely responsible for your own backups, and especially the backups of
your clients. There is a backup feature available in all cPanels.
If you decide to be a reseller of 'our' services, 'we' do not backup your clients' websites.
That would be your responsibility. 'We' are not to be
held responsible for any loses---business, monetary, or
otherwise---that may occur as a result from any loss of data. 'We'
especially are not responsible for issues, completely out of 'our'
control, like cPanel software issues. 'We'
do 'our' absolute best to keep 'our' servers updated and secure, but in the times
'we'
live in today, 'we' have to provide this disclaimer.
All of 'our' Sub-Networks, distributive hosting sites and dedicated servers of
Divine Publishing, Divine Technologies and eKine Properties, LLC must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation and possible prosecution.
'We' reserve the right to amend and update these Terms and Conditions at any time without notice.
To protect your privacy 'we' never distribute your name or e-mail address to any third parties.
Users must not participate in any form of un-solicited bulk e-mailing or spam.
By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
Bandwidth
'We' operate a fair use policy and therefore offers unrestricted use of bandwidth. However, should your bandwidth reach the points where it has an adverse affect on other clients
'we' reserve the right to disable your site until you can reduce your bandwidth usage.
Cancellation and Refunds
If you take out one of
'our' annual packages 'we' expect you to commit for this period of time. Because of your
one year commitment, 'we' offer a discount on the normal monthly price of
'our' accounts. If you cancel your account within your service period then
'we'
cannot promise to make any refunds on any unused portions of your account.
(Some exceptions apply, of course.) While 'we' do not offer refunds for pro-rated service (beyond
'our' 30 day money back guarantee which is applicable to annual accounts only) you have no obligation to continue using
'our' service.
'Our' 14 day money back guarantee (applicable to annual accounts only) excludes the refund of domain name registration fees
or secure server certificate purchases which involve more than
one company.
'We' reserve the right to cancel the service at any time. Customer
refund requests are to be sent through 'our' contact forms and will only be processed in the cases of service non-performance where
'we' see clearly that 'our' servers are at fault. Refund requests for problems beyond
'our' control
may be refused.
When you are canceling an account, when applied payment ends, you
are required to give 'us' a 30 day notice of account termination, so
you are not charged for another hosting period. Failure to
give 'us' the 30 notice could result in nonrefundable charges.
Charge backs are expensive and 'we' may not be able to accommodate you
with a refund, however, 'we' will always make every effort to be fair.
For example:
Domain transfer failure.
Failure of any third party script or program whether or not supported by
'our' network.
A customer's lack of experience in dealing with web basics and communication protocols.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
'our' network harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against
'our' network, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless
'us', being 'our' whole network, against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with
'our' servers.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from 'our' servers
by 3rd party vendors.
Data Backup
'We' back up data daily, weekly and monthly. 'We'
keep 'our' servers as safe as possible, however because of the way the
world is today, 'we' can not be held legally responsible, under
certain conditions, for loss of data because of evil & unexpected
Internet activities. (Please be sure to take advantage of the
Backup feature in your cPanel, so you will always have a backup of
your site files, as well.)
Privacy
Your personal billing information is private and is not shared with
anyone.
'We' do not share your personal information for any reason without
your permission. 'We' do,
however, present to the public, in 'our' portfolio, a few of the
websites 'we' create as examples of 'our' versatility as developers.
If your website is listed on 'our' public portfolio client
list, and you do not wish to have it presented, you may ask to have
it removed at any time.
Disclaimer
'We', The Divine
Publishing Network, will not be responsible for any damages your business may suffer.
Because this is the mysterious Internet, 'we' make no warranties of any kind, expressed or implied for services
'we' provide. Divine Publishing disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by
'us' and its employees.
'We' reserve the right to revise the above terms and conditions at any time.
Unfortunately 'we' have to say all of that for security purposes,
however 'we' will do all 'we' can to make your association with 'us'
very secure and profitable.
If you have any questions about these terms, please contact 'us' and
'we' will be happy to explain them.
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