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TERMS & CONDITIONS FOR SUBSCRIBERS & PARTNERS
This document contains important information about Your ChurchWebsites.com membership. Please take the time to read it thoroughly. You may save or print any part of this document. The terms "User," "You," or "Your" shall be used in this document to identify Members and/or Partners. IF YOU CHOOSE TO ACCEPT THIS AGREEMENT BY CHECKING ON THE "I AGREE" BOX, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IT IS PRESENTED TO YOU. NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY CHURCHWEBSITES.COM. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OF CHURCHWEBSITES.COM. ChurchWebsites.com may change, add, or remove any part of this document at any time and without prior notice. Should this happen ChurchWebsites.com will post that there have been changes. YOUR CONTINUED USE OF THE CHURCHWEBSITES.COM SITE OR THE CHURCHWEBSITES.COM SERVICE WILL BE DEEMED TO INDICATE YOUR ASSENT TO SUCH TERMS. Passwords You are responsible for maintaining the confidentiality of Your information and Your login and password. You shall be responsible for all uses of your login and password, regardless of whether these uses are authorized by You. You agree to notify ChurchWebsites.com immediately of any unauthorized use of your account or password. Access to Services To become a ChurchWebsites.com member, You must be at least 18 years of age or, if less than 18 years of age, have obtained parental consent. This Agreement is void, and Your use of the Services is not allowed, where prohibited by law. The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. ChurchWebsites.com may change, suspend, or discontinue any (or all) aspects of the Site at any time, including the availability of any content or features. Acceptable Use Guidelines ChurchWebsites.com encourages Users to participate in the Internet experience, to voice their views, and to benefit from interactive experiences. Nonetheless, it is imperative that You are very aware that there are rules and standards that must be adhered to as a ChurchWebsites.com User. Users are solely responsible for their conduct while using any of ChurchWebsites.com, including, but not limited to, the content of all e-mail messages You generate, all content in any folders, web pages, or any other interactions You generate, transmit, or maintain via ChurchWebsites.com. ChurchWebsites.com takes no responsibility for any such online distribution or publication by You or by any other party. ChurchWebsites.com cannot and will not review every message or other content You or any other party may generate or post, and ChurchWebsites.com is not responsible for the content thereof. ChurchWebsites.com may include discussion forums or other interactive areas (chat, instant messaging, etc.). Forums and interactive areas shall be used only for non-commercial purposes. By using any of the Services, You agree not to do any of the following: 1. Upload to, distribute or otherwise publish through ChurchWebsites.com any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. 2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, federal or international law, including without limitation regulations of the US Securities and Exchange Commission or any rules of securities exchanges such as the New York Stock Exchange, the American Stock Exchange or NASDAQ. 3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, You represent and warrant that You have the lawful right to distribute and reproduce such Content. 4. Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity. 5. Without ChurchWebsites.com's written permission, distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods, or services, including junk mail and junk e-mail ("spam"). Regarding copyrighted material or music covered under the umbrella of the RIAA: ChurchWebsites.com FORBIDS THE USE OF SUCH MATERIAL WITHIN OUR SERVICE. In the event of a violation regarding these issues, ChurchWebsites.com retains the right to cancel an account at our discretion. In addition, Users are hereby notified that violation of any copyright or intellectual property law could result in civil / legal action; users hereby acknowledge that they are responsible for observing U.S. and International copyright laws and while ChurchWebsites observes and complies with such laws, so shall each User observe and comply with U.S. and international copyright laws and statutes. As a ChurchWebsites.com User, should You or anyone using Your privileges, violate the terms of this agreement (as determined in ChurchWebsites.com's sole discretion), ChurchWebsites.com reserves the right to delete, move, or edit any such items, and ChurchWebsites.com may take other actions against You ranging from the issuing of a warning about a violation to the termination of User privileges without advance notice. Whether or not to take such actions at any time shall be at ChurchWebsites.com's sole discretion. Retention of Files User understands that ChurchWebsites.com will make every effort to store, and retain in their entirety, all files User uploads to their servers. User also understand, however, that ChurchWebsites.com is not liable for lost, or unusable files, as a result of catastrophic data loss on the part of their servers. User shall retain copies of all files uploaded in the event of missing or corrupted files. Website Security Rules Users are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the ChurchWebsites.com Site or Network, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ChurchWebsites.com will immediately terminate, without warning, any account which it believes, in its sole discretion has breached this section. ChurchWebsites.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. ChurchWebsites.com reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas. ChurchWebsites.com is entitled to disclose to law enforcement agencies any information about You, the User, and anything You do with respect to the ChurchWebsites.com site and its tools. By Your use of the ChurchWebsites.com site and its tools, You authorize ChurchWebsites.com to take such action. Termination Notwithstanding any of these terms and conditions, ChurchWebsites.com reserves the right, without notice and in its sole discretion, to terminate a User's ability to access and use ChurchWebsites.com. ChurchWebsites.com does not provide mail or web page forwarding at termination. You may also terminate this Agreement and Your account by discontinuing Your use of the ChurchWebsites.com Services. Once your account is terminated, all rights to the intellectual property of ChurchWebsites.com are also discontinued. Copyrights; Digital Millennium Copyright Act ChurchWebsites.com policy respects the copyright and intellectual property rights of others. ChurchWebsites.com may remove content that appears to infringe the copyright or intellectual property rights of others. ChurchWebsites.com retains the right to immediately terminate, without warning, accounts of users who appear to infringe upon the copyright or intellectual property rights of others, and may remove any content from the ChurchWebsites.com Service that may infringe the copyright of a third party. ChurchWebsites.com's copyright agent for notice of claims of copyright infringement can be reached by mail as follows: Customer Support ChurchWebsites.com 1413 Annapolis Road - Suite 102 Odenton, MD 21113 If you believe that any content posted on ChurchWebsites.com's website, or any website that is part of ChurchWebsites.com, infringes any of your intellectual property rights or the intellectual property rights of any third party, you shall promptly provide the following notice in writing to the address listed above: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ChurchWebsites.com may change this address at any time by posting a notice to its website. Indemnity You, the User will indemnify and hold ChurchWebsites.com, its parents, subsidiaries, affiliates, officers, and employees harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of the User's access to the Site, use of the Services, the violation of this Agreement by the User, or the infringement by the User, or any third party using the User's account, of any intellectual property or other right of any person or entity. Miscellaneous ChurchWebsites.com takes no responsibility and assumes no liability for any Content posted or uploaded by You or any third party, including, but not limited to, any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter. ChurchWebsites.com reserves the right, but not the obligation, to remove any materials it deems objectionable. You agree to hold harmless ChurchWebsites.com and its affiliates and parties with whom ChurchWebsites.com has contracted for purposes of communications made, or materials posted by others, or the use of third parties of this Site. Advertisers/Sponsors Any and all transactions entered into by the User on the ChurchWebsites.com site or involvement by Users in promotions, including the delivery of and payment for goods and services, any stipulations, provisions, warranties, or representations related to such transactions or promotions are exclusively between You, the User and the Advertiser or other third party or Value Added Reseller. ChurchWebsites.com shall not be held accountable or liable for any part of any such transactions or promotions. Additional Terms of Use Certain areas of Services are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. General This Addendum shall contain, but shall not be limited to, the following terms and conditions: Only a License: You shall only be granted a license to the Services (including all of the services and software provided by ChurchWebsites.com or its third party suppliers) and other intellectual property rights. All licenses granted pursuant to this agreement will expire upon termination of this agreement. Ownership: This agreement shall not be interpreted to transfer any rights in any intellectual property from ChurchWebsites.com to You. ChurchWebsites.com or its licensors shall own all services, software, graphics, website design, copyrights, and other intellectual property provided by ChurchWebsites.com in furtherance of this agreement. Use of aforementioned property is prohibited unless YOU are a subscriber or partner in good standing. Unauthorized use is a violation of copyright and intellectual property rights and is actionable under law. Warranty: THE SOFTWARE AND SERVICES PROVIDED BY CHURCHWEBSITES.COM SHALL BE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHURCHWEBSITES.COM DOES NOT WARRANT THAT ITS SOFTWARE OR SERVICES WILL BE ERROR FREE OR WITHOUT INTERRUPTION. ChurchWebsites.com does not guarantee or warrant that any content or data You may have in Your account will not be subject to inadvertent damage, corruption, or destruction. If any data, messages, images, or other content in Your account are stored by ChurchWebsites.com on its system and that media becomes damaged, lost, or corrupted in any way; ChurchWebsites.com will have no obligation or liability to You. Liability Limitations: EXCEPT AS TO INDEMNITY, IN NO EVENT SHALL CHURCHWEBSITES.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHURCHWEBSITES.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of consequential damages, so this provision may not apply to You. Confidentiality: All information of either party that would be reasonably considered to be confidential shall not be disclosed or used by the other party except in furtherance of this agreement and to employees with a need to know such information. Governing Law: This agreement shall be governed by the laws of the State of Maryland without regard to the conflict of laws principles thereof. ChurchWebsites.com Commitment: ChurchWebsites.com use its reasonable efforts to provide the services listed on our Network Partner Services listing, that can be found on our About ChurchWebsites.com page. ChurchWebsites.com may change, add to, or eliminate the services at any time upon the posting of a notice on the ChurchWebsites.com Site. |
