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Terms of Service

1. Our Obligation To Participants:
We agree to provide web design, web hosting services, and support to you through our open source system integration, host servers, graphical customization, and initial data porting subject to limitations described below.

Service:
* Original graphic design and layout, unique to the participant, from our list of modular templates
* CMS (Content Management System) server custom configuration
* Feature/Component Custom Customization (see list below for feature specifics)
* Daily database backup of system. (participant responsible for retaining copies of their original media files)
* Porting of existing data from any existing sites or electronically submitted media into our system.
* Support through our trouble ticket system and phone if the problem is not resolved on initial trouble ticket submission. Support is available Monday-Friday, from 9AM-6PM Pacific Time.
* System training via training conference call.

System Feature List:
* Content Management System (CMS)
* Integrated Community Building System
* Events Calendar
* Sermon Podcasts
* Church Store
* Newsletter/Subscriber/Mailing Lists Management System
* Online Giving/Tithing
* Audio Gallery
* Video Gallery
* Image Gallery with e-card feature.
* File Gallery
* Pastoral Staff Blogs
* User Forums/Message Boards
* Page Translation To Eight Languages
* User Polls and Results
* Custom Forms
* New features as they are added

Hosting:
* Web server hosting
* Email Server (for client use only, not for free email accounts, cannot be used to SPAM)
* CMS Server
* FTP
* Daily database backup
* Bandwidth (150Gb/Month)
* Disk Space (3Gb)

We will make every possible effort to make the services you have subscribed to operate fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as possible.

But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled "Limits on our Liability".

The reasons for these limits is threefold:

First, we don't own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free. Our provider, however, is one of the nation's largest, and maintains a 99.9% uptime ratio.

Second, our services may be used by you for purposes outside of our control.

Third, we reserve the right to cancel, reject, or refuse to continue hosting any web sites at any time prior to, or after, hosting any web site. This right, while reserved, is rarely exercised and used only in the event of unresolved client system abuse or failure to pay as agreed.

2. Participants Obligation to Us
In return for our services, you agree to pay the specified design and hosting fees.

A 50% deposit on design and configuration fees is required before work begins. The balance of those fees is due upon project completion. You will not be billed for hosting until your site is made available to the public. Hosting fees begin on the day your site goes live and are automatically debited to a credit card of your choice.

Accounts more than 30-days overdue will have site access suspended until the account is brought current.

If your account is overdue for a period of 60 days, your account will be closed and your details referred to our debt collection agency or credit reference agency. You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.

Cancel anytime, you are under no obligation to remain with our service. Most cancellations can be made the same day and any refunds are prorated and refunded to the credit card on file.

3. Limits on our Liability
By using our services you do so at your risk. While we make every effort, we cannot not warrant or guarantee that our service will be uninterrupted or error-free. We do not make any warranties to the results obtained from our services other than them performing the specific functions for which they were designed. We distribute our service on an "as is" basis without warranties of any kind, either express or implied.

In particular, we are not liable to you - whether in contract or tort or under any other legal principle - for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.

4. Indemnity
You must indemnify us against any claims or legal proceedings arising from your use of the service under this agreement (including but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement), which are brought or threatened against us by any other person.

5. Force Majeure
If we cannot perform our obligations under this agreement by reason of act of God, inclement weather, act of State, riot, strike, boycott, embargo or any other circumstances beyond our reasonable control, we will advise you of the existence of the circumstances and their expected duration. The performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to prevail.