ChurchSites.com Terms of Use

Introduction:
This document outlines the Terms of Service for using the ChurchSites® Content Management System (CMS). The agreement is between the organization that signs up to use the CMS for their website or an organization that desires a product demo (the "Subscriber") and ChurchSites.com (the "Provider"). The goal of this document is to outline the expectations and acceptable use of the ChurchSites® CMS.

Use of the ChurchSites® CMS does not require a long-term contract. This agreement is month-to-month. We are confident that any church that uses the system will be extremely pleased with its capabilities and flexibility to allow almost anyone to manage information on the website.

1. Purpose of Agreement:
Subscriber desires to utilize Provider's Internet services for the purpose of maintaining a presence on the World Wide Web. Provider agrees to provide services under the terms and conditions set forth in this Agreement.

2. Services to be Provided:
Provider agrees to provide Subscriber with access to a ChurchSites® CMS for the purpose of maintaining the Subscriber's website. ChurchSites.com will provide all the necessary system requirements to run the CMS on the World Wide Web. Exact services required, including disk space and bandwidth requirements, are defined by the System Use package chosen by the Subscriber.

3. Payment:
Subscriber agrees to pay for monthly System Use on a quarterly basis. Monthly hosting begins when the site is set-up and available for the Subscriber to enter content. Payment must be made in advance via credit card or online check on the first day of each quarter (January 1 - April 1 - July 1 - October 1). Other terms may be available upon request. The Subscriber's monthly fee is determined by the exact services required, as mentioned in Section 2 above. Provider reserves the right to suspend or discontinue service for any Subscriber who is more than 30 days past due for services rendered.

4. Termination:
ChurchSites.com retains the right to terminate the service of any Subscriber who infringes or violates any of these Terms of Service.

5. Subscriber Obligations:
The Subscriber agrees to use the CMS only in accordance with these Terms of Service. The Subscriber recognizes Provider's need to uphold the law and the website standards set forth in these Terms of Service. The Subscriber therefore represents, warrants and agrees to the following:

  • The Subscriber's organization is a registered not-for-profit organization and can provide necessary documentation if required to do so.
  • All content uploaded to the Subscriber's website is wholly-owned by the Subscriber's organization and not subject to the rights of any third parties, or the Subscriber has obtained all necessary legal rights and consents from the content's owner(s) or others whose consent may be required, to use such content pursuant to these Terms of Service. This "content" includes, but is not limited to: copyrights, trademarks, patents, graphics, photos, logos, names and/or likenesses, intellectual property, written articles, or text of any kind that was taken from a third party source.
  • The Subscriber will adhere to all statutory and common law in any applicable jurisdiction, including federal, state, and local laws, concerning the collection and dissemination of personal information taken from users through Subscriber's site.
  • The Subscriber will not use the CMS to send unsolicited emails, otherwise known as spamming.
  • The Subscriber will not post any unlawful content.
  • The Subscriber will not post any content that can be considered obscene, profane, libelous, or racist in nature.
  • The Subscriber will not post any content that is pornographic.
  • The Subscriber will not post any programs or files when to do so would violate the rights of any third party, including, but not limited to, copyrights, trademark rights, rights of publicity or privacy, patent rights or other intellectual property rights.
  • The Subscriber will not post any programs that are malicious or destructive in nature, such as, by way of example, viruses, worms, phages or Trojan Horses.

6. Ownership:
The System - ChurchSites.com owns all rights to all files, technology and branding that comprises the ChurchSites® CMS and any associated graphics or graphical templates. This includes any enhancements or upgrades that the Subscriber may pay for.

The Content - The Subscriber owns any content that is input through the CMS system. The Subscriber is therefore liable for all content on the site.

Both ChurchSites.com and the Subscriber agree to protect the information and rights each has in regards to The System and The Content. The Subscriber further acknowledges and agrees that the ChurchSites® CMS, its structure and applications, are the sole property of ChurchSites.com and that the Subscriber will not use its own access or give access to any third party to view the ChurchSites® CMS to reverse-engineer any portion, in part or in whole, of the ChurchSites® CMS.

7. Limited Warranty and Liability:
The ChurchSites.com CMS is provided "as is" without any warranties. ChurchSites.com is not liable for any network, hardware, or software failures. If a Subscriber is dissatisfied with the service, the Subscriber can cancel the service with written notification to the Provider (see sections 9 and 10 below). No warranty is made by ChurchSites.com regarding any information, service or product provided through, in connection with, or located on the computers of ChurchSites.com, and ChurchSites.com hereby expressly disclaims, to the extent permitted by law, any and all warranties, including without limitation: (i) any warranties as to the availability, accuracy, or content of information, products, or services, and (ii) any warranties of merchantability or fitness for a particular purpose.

8. Prohibition of Illegal Content and Activity:
Subscriber agrees to abide by all copyright, obscenity, and other laws governing content of publications in and throughout the United States of America and the State of Illinois in particular. Furthermore, Subscriber agrees that Provider shall in no way be liable or held legally accountable for the content of Subscriber's materials or information stored on or transmitted from Provider's computers. If, in the opinion of Provider's legal counsel, Subscriber's materials or information violate federal or state law, said materials may be removed or the website shutdown without warning or compensation to Subscriber or any third party.

9. Indemnification:
Subscriber shall indemnify and hold harmless Provider, its officers, directors, agents, representatives, employees, successors, assigns and related entities (the "Indemnitees") from and against any and all claims, causes of action, liabilities, losses, damages, costs and expenses of any kind, including, without limitation, attorneys' fees, litigation costs and court costs, incurred or paid by any Indemnitee, relating to or arising out of, in whole or in part, any alleged acts or omissions of Subscriber, including, but not limited to, any such alleged act or omission that assertedly violates or is inconsistent with these Terms of Service.

10. Agreement Period:
This agreement is in force as long as Subscriber is using Provider's services in accordance with these Terms of Service. Either party may terminate these Terms of Service by giving 30 days' advance written notice to the other party. If neither party provides the other with a 30-day advance written notice of intent to terminate these Terms of Service, it shall be automatically extended for the next month under these Terms of Service. This requirement of written notice shall not apply to termination of service by Provider in the case of any violation of these Terms of Service by Subscriber.

11. Termination of Agreement

  1. Each party has the right to terminate this Agreement upon 30 days' written notice to the other party.
  2. Upon termination of this Agreement for any reason, each party shall be released from all obligations and liabilities to the other occurring or arising after the date of termination. However, any termination of this Agreement shall not relieve Subscriber from the obligation to pay Provider for services rendered or hours reserved for Subscriber prior to receipt of the notice of termination or for services rendered or hours reserved for Subscriber during the 30 day termination notice period. There are no refunds on hosting payments. Further, no termination of these Terms of Service shall relieve Subscriber of its obligations to indemnify Provider under Paragraph 9 of these Terms of Service.

12. General Provisions:

  1. This Agreement is the sole and entire Agreement between the parties relating to the subject matter hereof, and supersedes all prior understandings, agreements and documentation relating to such subject matter. ChurchSites.com reserves the right to make amendments to this agreement at its sole discretion.
  2. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
  3. This Agreement will be governed by the laws of the State of Illinois without regard to conflict of laws principles.
  4. This Agreement does not create any agency, partnership or joint venture relationship.
  5. This Agreement is not assignable by either party without the prior written consent of the other.
  6. Stratum Development, Inc., parent company of ChurchSites, is an Illinois corporation.
  7. Final approval and processing of your order will be done by our home office in Wheaton, Illinois.

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