1. ACCEPTANCE OF TERMS
Church Website Pros provides its service to Client subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to Client. In addition, when using particular Martus services, Client and Church Website Pros shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Acceptance of the TOS is absolute and applies to Client as an account owner
2. DESCRIPTION OF SERVICE
Church Website Pros currently provides users with access to a full featured website management system (the "Service"). Client also understands and agrees that the service may include certain communications from Church Website Pros , such as service announcements, administrative messages and the Church Website Pros Newsletter, and that these communications are considered part of Client’s subscription and Client will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Client understands and agrees that the Service is provided "AS-IS" and that Church Website Pros assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Client is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service or airtime charges). Client is responsible for those fees. In addition, Client must provide and is responsible for all equipment necessary to access the Service.
3. CLIENT REGISTRATION OBLIGATIONS
In consideration of Client’s use of the Service, Client agrees to: (a) provide true, accurate, current and complete information about Client as prompted by the Service's registration form (such information being the "Registration Data") (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (c) provide true, accurate, current, complete and valid information about Client’s method of payment (such information being the “Billing Data”), (d) maintain and promptly update the Billing Data to keep it true, accurate, current, complete and valid. If Client provides any information that is untrue, inaccurate, not current or incomplete, or if Church Website Pros has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Church Website Pros has the right to suspend or terminate Client’s account and refuse any and all current or future use of the Service (or any portion thereof).
4. PAYMENT
Payments for Client’s use of the Service will be automatically billed to the credit card or account Client provides in Client’s Billing Data. The following describes Church Website Pros ’s billing practices:
a) Charges are billed each month for the upcoming month’s service, based on the sites and packages in Client’s account on the billing date.
b) No refunds will be given for the remaining days in Client’s current billing cycle. Instead, when Client cancels Client’s site, it will remain active for the remaining days in Client’s current billing cycle and will be deactivated on Client’s next billing date.
5. Church Website Pros PRIVACY POLICY
Registration Data and certain other information about Client is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.Martussolutions.com/privacy-policy.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
Client is responsible for maintaining the confidentiality of Client’s passwords and accounts, and is fully responsible for all activities that occur under Client’s passwords or accounts. Client agrees to (a) immediately notify Church Website Pros of any unauthorized use of Client’s password or account or any other breach of security, and (b) ensure that Client exits from Client’s account at the end of each session. Church Website Pros cannot and will not be liable for any loss or damage arising from Client’s failure to comply with Section 5.
7. MEMBER CONDUCT
Client understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that Client, and not Church Website Pros, is entirely responsible for all Content that Client uploads, posts, emails, transmits or otherwise makes available via the Service. Church Website Pros does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Client understands that by using the Service, Client may be exposed to Content that Client feels is offensive, indecent or objectionable. Under no circumstances will Church Website Pros be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Client agrees to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a Martus official, forum leader, guide or host, or falsely state or otherwise misrepresent Client’s affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that Client does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
Client acknowledges that Martus does not pre-screen Content, but that Martus and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Martus and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. Client agrees that Client must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Client acknowledges that Client may not rely on any Content created by Church Website Pros or submitted to Church Website Pros using the Service. Client acknowledge and agrees that Church Website Pros may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Martus, its owners, its users and the public. Client understands that the technical processing and transmission of the Service, including Client’s Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. INDEMNITY
Client agrees to indemnify and hold Church Website Pros, and its parent company Martus Solutions, LLC, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content Client submits, posts, transmits or makes available through the Service, Client’s use of the Service, Client’s connection to the Service, Client’s violation of the TOS, or Client’s violation of any rights of another.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
Client acknowledges that Church Website Pros may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on Church Website Pros’ servers on Client’s behalf, and the maximum number of times (and the maximum duration for which) Client may access the Service in a given period of time. Client agrees that Church Website Pros has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Client further acknowledges that Church Website Pros reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
Church Website Pros reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Client agrees that Church Website Pros shall not be liable to Client or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION
Client agrees that Church Website Pros may, under certain circumstances and without prior notice, immediately terminate Client’s account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by Client (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of Client’s account includes (a) removal of access to all offerings within the Service, (b) deletion of Client’s password and all related information, files and content associated with or inside Client’s account (or any part thereof), and (c) barring further use of the Service. Further, Client agree that all terminations for cause shall be made in Martus’s sole discretion and that Martus shall not be liable to Client or any third-party for any termination of Client’s account, any associated email address, or access to the Service. All fees paid to Church Website Pros are non-refundable.
12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Martus has no control over such sites and resources, Client acknowledges and agree that Church Website Pros is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Client further acknowledges and agree that Church Website Pros shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. Church Website Pros’ PROPRIETARY RIGHTS
Client acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Client agrees not to access the Service by any means other than through the interface that is provided by Church Website Pros for use in accessing the Service.
Posted on
Wed, May 12, 2010
by Seth Cain