User Agreement
This User Agreement ("Agreement") is an agreement between ChurchOnline, LLC (Us, We), and the party set forth in the related Online Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom ChurchOnline, LLC provides links or banners to promote the services or products of ChurchOnline, LLC or any third party the services or products of which are offered by or obtained through or in connection with ChurchOnline, LLC), resellers or others (i) who sign up for, use or obtain services or products from ChurchOnline, LLC or from any third party services or products of which are offered by or obtained through or in connection with ChurchOnline, LLC or (ii) who visit the Web sites of ChurchOnline, LLC or of any such third party.
PLEASE READ THIS AGREEMENT CAREFULLY.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
- Acceptable Use Policy. Under this Agreement, User shall comply with ChurchOnline, LLC's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by ChurchOnline, LLC, and other agreements which currently can be viewed under the Terms/Legal Info section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. ChurchOnline, LLC may periodically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Nevertheless, under this Agreement, You will be responsible for Your user's content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, ChurchOnline, LLC may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event ChurchOnline, LLC takes corrective action due to a violation of the AUP, ChurchOnline, LLC shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that ChurchOnline, LLC shall have no liability to User or any of User's users due to any corrective action that ChurchOnline, LLC may take (including, without limitation, suspension, termination or disconnection of Services).
Term, Termination, Cancellation Policy.
- The initial term of this Agreement shall begin upon commencement of the Services to User. After the Initial Term, this Agreement shall automatically renew. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated or cancelled;
- by either party at any time. We may charge You a minimum $30.00 fee for early cancellation of 1-year and 2-year terms,
- by ChurchOnline, LLC in the event of nonpayment by User,
- by ChurchOnline, LLC, at any time, without notice, if, in ChurchOnline, LLC's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in ChurchOnline, LLC's sole and absolute discretion and/or judgment, could disrupt, ChurchOnline, LLC's business operations and/or
- by ChurchOnline, LLC as provided herein.
If You cancel this Agreement, upon proper notice to ChurchOnline, LLC, prior to the end of the
Initial Term or any Term thereafter,
- monthly accounts will not be refunded partial month fees. The effective cancellation day will be the last day of the month the cancellation request was received by ChurchOnline, LLC.
- discounted accounts (e.g. 1-year and 2-year) will be refunded the total pre-paid fee less the months of service received (including the entirety of the current month) billed at the full monthly rate minus the cancellation fee, provided that You are not in breach of any terms and conditions of the AUP or User Agreement,
- Any cancellation request shall be effective the last day of the month in which it was received by ChurchOnline, LLC, unless a later date is specified in such request.
ChurchOnline, LLC may terminate this Agreement, without penalty,
- if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or
- immediately, if ChurchOnline, LLC determines that User's use of the Services, the Web site or the User Content violates any ChurchOnline, LLC term of service, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If ChurchOnline, LLC cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy or User's use of the Services disrupts our network, ChurchOnline, LLC shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, We may charge You 100% of all charges for all Services for each month remaining in the Term and ChurchOnline, LLC shall have the right to charge You an administrative fee of a minimum of $30.00.
- Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 8, 9, and 10 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which ChurchOnline, LLC may be entitled.
- You have ninety (90) days to dispute any charge or payment processed by ChurchOnline, LLC. If you have a question concerning a charge you believe is incorrect, please contact us at billing@ChurchOnline.net.
User's Responsibilities
- User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.
- User will cooperate fully with ChurchOnline, LLC in connection with ChurchOnline, LLC's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for ChurchOnline, LLC's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information in the Registration Form and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will update any change in User's mailing address, telephone, electronic mail or other contact information using the provided online tools.
- User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
- Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by ChurchOnline, LLC to provide the Services, as the same may be changed by ChurchOnline, LLC from time to time. ChurchOnline, LLC shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by ChurchOnline, LLC to provide the Services.
- While ChurchOnline, LLC does maintain backup copies of User data (not including e-mail), ChurchOnline, LLC cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and ChurchOnline, LLC strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
- User is responsible for maintaining the confidentiality of login and billing information. ChurchOnline, LLC is not liable for any account disputes that may arise between various parties holding account login information. ChurchOnline, LLC is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User to make such changes. User is responsible for updating and maintaining contact and billing information with ChurchOnline, LLC. Any changes to the User contact information must be made using the online account information tools or by contacting our Support Team. User is responsible for ensuring that ChurchOnline, LLC is able to notify the User for technical, billing or other issues or purposes deemed necessary by ChurchOnline, LLC to maintain the account.
User's Representations and Warranties
User hereby represents and warrants to ChurchOnline, LLC, and agrees that during the Initial Term and any Term thereafter User will ensure that:
- User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by ChurchOnline, LLC to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
- User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
- User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and
- User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation
- the accuracy and appropriateness of the User Content
- ensuring that the User Content does not violate or infringe upon the rights of any person, and
- ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and handling User inquiries or complaints.
- User grants ChurchOnline, LLC the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services
- In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.
License to ChurchOnline, LLC User hereby grants to ChurchOnline, LLC a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
- digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and
- make archival or back-up copies of the User Content and the User Web site.
- Except for the rights expressly granted above, ChurchOnline, LLC is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
- ChurchOnline, LLC, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that ChurchOnline, LLC shall not be liable to User for any loss or damages that may result from such conduct.
Billing and Payment
- User will pay to ChurchOnline, LLC the service fees for the Services in the manner set forth in the Registration Form.
- Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within thirty (30) days after the date of the invoice. If any invoice is not paid within Fourteen (14) days after the date of the invoice, ChurchOnline, LLC may charge User a late fee of $15.00
- If ChurchOnline, LLC collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if ChurchOnline, LLC prevails in any action to which the User and ChurchOnline, LLC are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and ChurchOnline, LLC's reasonable attorneys' fees.
- If any check is returned for insufficient funds ChurchOnline, LLC may impose a minimum processing charge of $25.00.
- In the event that any amount due to ChurchOnline, LLC is not paid when due, ChurchOnline, LLC, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
- User acknowledges and agrees that ChurchOnline, LLC may pre-charge User's fees for the Services to its credit card supplied by User during registration for the Initial Term.
- If we are unable to process a payment for your hosting plan by its due date, your account may be suspended or cancelled for non-payment and you may not be able to access your Web site.
- When an account is cancelled, all copies of the Web site are permanently and irretrievably removed from our servers after thirty (30) days.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
- User must agree to and be bound by all terms and conditions set forth by any third-party payment processing entities (e.g. Paypal).
Bandwidth and Disk Usage. ChurchOnline, LLC shall provide User with a certain volume of bandwidth, disk space and other resources, as described in ChurchOnline, LLC's web pages related to such Services. The Services are intended for normal use only. Any activity that results in excessive usage inconsistent with normal usage patterns is strictly prohibited. User agrees that such bandwidth and disk usage shall not exceed the amounts set by ChurchOnline, LLC for the Services (the "Agreed Usage"). You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion. ChurchOnline, LLC will monitor User's bandwidth and disk usage. ChurchOnline, LLC, in its sole discretion, shall have the right to take any corrective action if User's bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content and/or other materials or termination of this Agreement, which actions may be taken in ChurchOnline, LLC's sole and absolute discretion. If ChurchOnline, LLC takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site and User Content, and will use bandwidth, disk space and other resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If ChurchOnline, LLC learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or Agreed Usage, ChurchOnline, LLC may be obligated to inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.
Disclaimer of Warranty. User agrees to use all Services and any information obtained through or from ChurchOnline, LLC, at User's own risk. User acknowledges and agrees that ChurchOnline, LLC exercises no control over, and accepts no responsibility for, the content of the information passing through ChurchOnline, LLC's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Limitation of Liability
- IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
- WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
- EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
- The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct.
- Notwithstanding anything to the contrary in this Agreement, ChurchOnline, LLC's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
- User understands, acknowledges and agrees that if ChurchOnline, LLC takes any corrective action under this Agreement because of an action of User or one if its Users or a reseller, that corrective action may adversely affect other Users of User or other reseller Users, and User agrees that ChurchOnline, LLC shall have no liability to User, any of its Users or any Reseller User due to such corrective action by ChurchOnline, LLC.
- This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Indemnification. User agrees to indemnify, defend and hold harmless ChurchOnline, LLC and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.
Acceptable Use Policy
- General Information. As used herein, the term "User" or "Users" shall include any and all users, Customers, subscribers, affiliates (including without limitations Customers or non-Customers to whom ChurchOnline, LLC provides links or banners to promote the services or products of ChurchOnline, LLC or any third party the services or products of which are offered by or obtained through or in connection with ChurchOnline, LLC), resellers or others (i) who sign up for, use or obtain services or products from ChurchOnline, LLC or from any third party services or products of which are offered by or obtained through or in connection with ChurchOnline, LLC, or (ii) who visit the Web site of ChurchOnline, LLC or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, ChurchOnline, LLC, ("ChurchOnline, LLC") offers Users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. ChurchOnline, LLC respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, ChurchOnline, LLC reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, ChurchOnline, LLC has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each User's respective service agreement and is intended as a guide to the User's rights and obligations when utilizing ChurchOnline, LLC's services. This AUP will be revised from time to time. A User's use of ChurchOnline, LLC's services after changes to the AUP are posted on ChurchOnline, LLC's Web site, under the Terms of Service section, will constitute the User's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that ChurchOnline, LLC cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because ChurchOnline, LLC cannot monitor or censor the Internet, and will not attempt to do so, ChurchOnline, LLC cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that ChurchOnline, LLC does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over ChurchOnline, LLC's network and may reach a large number of people, including both Users and subscribers and non-subscribers of ChurchOnline, LLC, Users' postings to the Internet may affect others and may harm ChurchOnline, LLC's goodwill, business reputation, and operations. For these reasons, Users violate ChurchOnline, LLC policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.
- Scope. This AUP governs the usage of products and services of ChurchOnline, LLC or of any third party which are subscribed to or obtained through ChurchOnline, LLC (the "Services"). This AUP is incorporated by reference into each contract ChurchOnline, LLC or any such third party enters into with a User for the use of such Services. ChurchOnline, LLC may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of ChurchOnline, LLC so that no person who utilizes the Web site or services of ChurchOnline, LLC (regardless of whether that person is a User) may take any action utilizing the Web site of ChurchOnline, LLC that a User would be prohibited to take utilizing the Services.
- Purpose. The purpose of this AUP is to enhance the quality of the Services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services.
Prohibited Uses. Users may not:
Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule, Users may not:
- Utilize the Services for or in connection with any activities or content determined by ChurchOnline, LLC, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls ("OFAC"), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which ChurchOnline, LLC determines to be controversial or disruptive to the operations of ChurchOnline, LLC or any other User or third party;
- Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
- Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
- Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
- Utilize the Services in any manner that violates applicable law.
Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users and Users may not:
- Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by ChurchOnline, LLC in its sole discretion. Without limiting the general application of this rule, Users may not:
- Utilize the Services to cause denial of service attacks against ChurchOnline, LLC or other network hosts or Internet users or to otherwise degrade or impair the operation of ChurchOnline, LLC's servers and facilities or the servers and facilities of other network hosts or Internet users; or
- Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
- Utilize the Services to subvert, or assist others in subverting, the security or integrity of any ChurchOnline, LLC systems, facilities or equipment; or
- Utilize the Services to gain unauthorized access to the computer networks of ChurchOnline, LLC or any other person; or
- Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
- Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or
- Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
- Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
- Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
- Utilize the Services in any manner that might subject ChurchOnline, LLC to unfavorable regulatory, law enforcement or other legal action, subject ChurchOnline, LLC to any liability for any reason, or adversely affect ChurchOnline, LLC's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by ChurchOnline, LLC in its sole discretion;
- While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation, (A) directly opening any listening port, (B) starting any 'daemon' process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing 'tracker' services to 'BitTorrent' clients and/or (H) exploiting web browser vulnerabilities, as determined by ChurchOnline, LLC in its sole discretion; or
- Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of ChurchOnline, LLC, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms; or
- Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
Violations:
- Disclaimer. ChurchOnline, LLC expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. ChurchOnline, LLC has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.
- Reporting Non-Copyright Violations. ChurchOnline, LLC encourages Users to report violations of this policy by e-mail to: abuse@ChurchOnline.net, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
- Reporting Copyright Violations. ChurchOnline, LLC complies with the Digital Millennium Copyright Act ("DMCA"). ChurchOnline, LLC encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA.
Remedies. If ChurchOnline, LLC learns of a violation of this AUP, ChurchOnline, LLC will respond to the applicable User and may, in ChurchOnline, LLC's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
- Warning the User: and/or
- Suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or
- Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
- Removing the offending content; and/or
- Taking other action in accordance with this AUP, the applicable service contract or applicable law.
- Reservation of Rights. ChurchOnline, LLC reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving ChurchOnline, LLC's Services. ChurchOnline, LLC reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. ChurchOnline, LLC may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that ChurchOnline, LLC is authorized to monitor its communications through ChurchOnline, LLC's network for such purposes.
Revised: November 2007