Church Web Works Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: 04/11/2018
Church Web Works is a division of Razor Planet, Inc.
This Terms of Use Agreement sets forth the standards of use of the Church
Web Works. Online Services. By using the Church Web Works group of websites
you (the "Member") agree to these terms and conditions. If you do not agree
to the terms and conditions of this agreement, you should immediately cease
all usage of these websites. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon being posted
at churchwebworks.com website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1. Description of Service
Church Web Works is providing Member with information and e-commerce websites. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. BILLING ARRANGEMENTS:
a. All payments are due prior to the period of service being provided. Customer services and corresponding invoices for those services start at sign up and continue on a recurring basis (monthly) until the Customer cancels the Service according to these terms and policies herein or until Church Web Works terminates the account.
b. Customer responsibility: Church Web Works provides a build-it-yourself system for the customer, making it compulsory for the Customer to build a site and maintain the site using that system. Therefore, billing is not dependent upon any of the following:
i. Customer usage. The customer has sole responsibility to build and maintain the site. Church Web Works Services are not dependent upon whether the Customer uses those Services or how much the Customer uses those Services.
ii. Site status. The customer is responsible for all updates and maintenance for the site. Billing or payment is not contingent upon a completed site.
iii. Domain name. Customer is responsible for purchasing, pointing and maintenance of a domain name. Lack of a connected domain name is not a requirement for billing.
iv. Site access. Customer is responsible for any access to site. Payment is not contingent upon whether Customer's invitees can or do access the site.
c. Additional fees. In the event that the following circumstances happen, the customer agrees to pay the following fees:
i. If the Customer's check is returned to Church Web Works unpaid, customer agrees to pay a returned check charge of $25.
ii. If the Customer files an unwarranted chargeback, customer agrees to pay a $50 administrative fee for each unwarranted chargeback we receive from Customer's account.
d. Invoicing. All invoicing is done by email on a monthly basis, issued on the first of the month. Customer is responsible to ensure that we have a working and useable email address on file for them and that none of our invoices are going to spam or junk mail. Customer is also responsible for updating Church Web Works with any changes to their invoicing email address. Customer agrees to pay for their invoices using the following billing methods:
i. Credit card. If Customer chooses the credit card option, Customer agrees to have Church Web Works charge all of the invoices on that card upon issuance of the invoice. If the credit card on file declines for any reason, Customer agrees to allow Church Web Works to bill the card at some future date for any or all unpaid invoices without notice. Customer further acknowledges that they are responsible to update us with any changes to the credit card on file. If the credit card on file becomes unusable or unbillable for any reason, Customer agrees to pay for outstanding invoices with another approved form of payment.
ii. Check/Money order. If Customer chooses the check/money order option, Customer agrees to pay for the services by the due date on the invoice
e. Site Suspension. It is the Customer's responsibility to ensure that we receive payment. We may temporarily deactivate websites for invoices that are more than 30 days overdue. If a Customer allows overdue invoices over 60 days, we may terminate the account. Church Web Works reserves the right to determine the timing of suspension of services or termination.
3. CANCELLATION AND TERMINATION
a. Cancellation or termination of the Service eliminates future billing only. It does not absolve the Customer from their responsibility for current or previous months of unpaid billing. All invoices issued before the date of cancellation or termination is the responsibility of the Customer.
b. Cancellation. Customer is solely responsible for properly cancelling the account according to the policies and procedures herein. To cancel the Service, the Customer must call Church Web Works Customer Service at 1-877-227-1091 and advise customer service to cancel the Service.. Cancellation must be done by the last day of the month to avoid being responsible for the next month's billing. Outside of the first partial month of service, all billing is for a full month of service. We do not reimburse for partial months. Upon cancellation, data located on servers may no longer be available. It is the end-user's responsibility to retrieve this data prior to the request for cancellation of the service. Church Web Works cannot guarantee retrieval of data after an account is cancelled.
c. Termination. Church Web Works reserves the right to terminate Customer accounts for any reason.
4. PROHIBITED USES
a. Consistent with the purposes of Church Web Works, Church Web Works reserves the right, but has no obligation to, remove content and accounts containing content that we determine in our sole discretion to be inconsistent with our purposes as well as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these TOS. Customer agrees not to use the services for any of the following:
b. Illegal use: Services may not be used for illegal purposes or in support of illegal activities. Church Web Works reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
c. Harm to minors: Use of service to harm, or attempt to harm, minors in any way, including but not limited to child pornography.
d. Threats: Use of service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
e. Harassment: Use of service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
f. Fraudulent activity: Use of service to make fraudulent offers to sell or buy products, items or services or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
g. Unsolicited commercial e-mail (SPAM): Use of service to transmit any unsolicited commercial or unsolicited bulk e-mail.
h. E-mail / News bombing: Any malicious intent to impede another person's use of electronic mail services or news.
i. E-mail / Message forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the service.
j. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
k. Infringement: Distribution and/or posting of any of the following: copyrights, patents, trademarks, trade secrets or intellectual property.
l. Distribution of viruses: Intentional distribution of software that attempts to and/or causes damage, harassment or annoyance to persons, data and/or computer systems. Such an offense will result in the immediate termination of the offending account.
m. Adult content: Pornography or adult content or links to adult content.
n. Anti-religious. Content that is anti-God or inconsistent with Christian religious ministry purposes.
o. CHILDREN
a. The Services are not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES OR ATTEMPT TO SET UP AN ACCOUNT AT ANY TIME OR IN ANY MANNER. By using the Services, you affirm that you are at least 18 years of age. Church Web Works does not seek through the Services to gather personal information from or about children under the age of 13.
5. Disclaimer of Warranties.
The site is provided by Church Web Works. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Church Web Works. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Church Web Works shall have no liability for any interruptions in the use of this Website. Church Web Works disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
6. Limitation of Liability
CHURCH WEB WORKS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CHURCH WEB WORKS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CHURCH WEB WORKS. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
7. Indemnification
Member agrees to indemnify and hold Church Web Works, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
8. Modifications and Interruption to Service
Church Web Works reserves the right to modify or discontinue the Service with or without notice to the Member. Church Web Works shall not be liable to Member or any third party should Church Web Works exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Church Web Works does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
10. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Church Web Works makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Church Web Works makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
11. Governing Jurisdiction of the Courts Washington
Our website is operated and provided in the State of Washington. As such, we are subject to the laws of the State Washington and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington.
12. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2000-2018 Church Web Works with all rights reserved, or is the property of Church Web Works and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Church Web Works is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Church Web Works.
Church Web Works is a proprietary mark of Church Web Works trademarks may not be used in connection with any product or service that is not provided by Church Web Works in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Church Web Works.
All other trademarks displayed on Church Web Works websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Church Web Works.
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Church Web Works designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
330 SW 43rd Street,
#K-575
Renton, WA 98057
By Telephone:
877-227-1091
By Email:
info@razorplanet.com
15. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall
remain valid and enforceable to the maximum possible extent. You agree that
this Terms of Use Agreement and any other agreements referenced herein may
be assigned by Church Web Works, in our sole discretion, to a third party
in the event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a Member. Member
agrees that by accepting this Terms of Use Agreement, Member is consenting
to the use and disclosure of their personally identifiable information and
other practices described in our Privacy Policy Statement.