Terms Of Service

As part of the Service, Church Office Online will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Church Office Online website incorporated by reference herein, including but not limited to Church Office Online’s privacy and security policies and Church Office Online’s Statement of Belief.

I. Permitted Use.

1. Under the terms and conditions of this Agreement, Church Office Online agrees to provide to the Customer and permitted users access to The Service hosted by Church Office Online.

2. The Service is to be used only by the Customer and users authorized by the Customer who are members of the Customer. The Customer will have the ability to assign user logins and passwords to selected individuals maintained in their dedicated church database. The Customer will have full control over who is authorized to access/use this Service, provided that (i) the Customer shall not authorize persons who are not members of Customer; and (ii) any password issued to an authorized user will be disabled when such person is no longer a member of Customer. Customer will inform Church Office Online immediately of any actual or potential unauthorized use of a password.

3. The Customer will be able to assign administrator privileges on a user-by-user basis. All use of the Service is provided via the Internet through a standard Internet browser and/or email client. In order to use the Service, the Customer and Customer authorized users ('Users') are responsible, at their own expense, to acquire access to the Internet and to provide all equipment and software needed.

II. Customer Proprietary Data Rights.

1. The data, information, or material ('Data') submitted to the Service is for the exclusive use of the Customer. Church Office Online agrees not to use, distribute or disclose any of the data maintained as a result of the Customer using this Service, except for disclosures required by law as set forth in Section III below. Church Office Online shall have the right to remove any Data that violates these Terms of Service (i) immediately, if required by law; (ii) immediately, if Church Office Online believes the failure to do so could cause irreparable harm; or (iii) otherwise upon five (5) business day written notice to Customer. Church Office Online shall back-up and deliver a copy of a Data to customer in connection with any removal. The Customer agrees to evaluate and bear all risks associated with the use of any Data, including any reliance on the accuracy and usefulness of such Data. The obligations under this Section II shall survive the termination of this Agreement.

2. Customer shall not allow anyone working on its behalf to (i) perform any technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan without Church Office Online’s prior written consent, or (ii) attempt to access the data of another customer. Such prohibition includes a prohibition on employment of automatically emulation devices in connection with the Service.

3. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Church Office Online does not accept any liability for such loss.

III. Church Office Online Account Information and Data.
Church Office Online does not own or have any rights to any Data that the Customer submits as a result of using this Service except that Church Office Online may use aggregate general statistical data as set forth below. Church Office Online will not monitor, edit, or disclose any information regarding the Customer or Customer's database without the Customer's express written permission except in accordance with this Agreement or as may be required by law. Church Office Online responds to subpoenas. Anytime Customer information, other than general statistical data (i.e., number of churches, number of churches in a state, etc.), is disclosed in accordance with this Agreement or as required by law, Church Office Online shall, unless the law requires otherwise, provide Customer written notice of at least three (3) business days before such disclosure and to whom it will be disclosed pursuant. Church Office Online may review certain user registration and statistical information such as usage or user traffic patterns in summative form for internal planning purposes in operating the Service. Church Office Online may access and modify the Customer database in order to respond to service or technical problems when requested to do so by the Customer, law enforcement officials or any third party claiming misappropriation or breach of privacy or data rights.

IV. Church Office Online Proprietary Rights.
The Customer acknowledges and agrees that the Service contains proprietary and confidential methods and information that is protected by applicable intellectual property and other laws, and agrees not to disclose such information to any third party without Church Office Online's prior permission. The Customer agrees not to copy, sell, rent, sublicense or to redistribute any portion of the Service, use of the Service, or access to the Service to any individual or group.

V. Availability of Service.
In addition, Church Office Online will make commercially reasonable efforts to ensure that the quality of the service we provide is of at least prevailing industry standards, and that access to the Service is available on a 24 x 7 basis. However, although Church Office Online will use all reasonable efforts in good faith to avoid interruption of the Service, the Customer acknowledges and agrees that access to the Service may be unavailable from time to time for any reason, including without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by Church Office Online and any operators of our servers. In the event that a 99% uptime is not maintained as an average for one year (excluding planned downtime for backup, regular maintenance and updates to the Service) (the "Uptime Milestone"), interruption of major network connectivity, network and server outages, the Customer may elect, as its sole remedy, to terminate the Service and will receive a pro-rata refund for the unused term of the subscription agreement for use of the Service (excluding any setup fees, data conversion fees, etc.).

VI. Customer Assigned Administrators.
The Customer will select a primary ("Master Administrator") and a secondary Administrator (one other designated contact) to manage the Customer's use of the Service, to authorize users to access the Service, and to serve as the primary technical interface with Church Office Online Customer Service Representatives.

VI. Customer Support Services.
Church Office Online will provide quality technical support to the Customer. Support will be available to the Customer via email or phone support. Responses to email messages will occur typically within one (1) business day. Church Office Online's Customer Support Representatives will be available to assist Customer's Monday through Friday from 8:00 a.m. - 4:00 p.m., Mountain Standard Time.

VII. User Conduct.
The Customer agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with using this Service. Without limiting the foregoing, the Customer agrees not to use the Service or information from the Service for any: (a) communication that violates any law, including illegal email solicitations, advertising, promotional materials, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages that are not in full compliance with applicable laws, including, if applicable, the laws of charitable solicitation applicable to any charity or fundraiser raising money for the Customer; (b) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (c) transmit through or post on the Service, unlawful, immoral, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other proprietary rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancel bots; (f) interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or, (h) harass or interfere with another user's use and enjoyment of the Service.

IX. Representations and Warranties.
Church Office Online represents and warrants that Church Office Online will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with Church Office Online's online help documentation under normal use and circumstances. Church Office Online also warrants and represents that it will not share, rent, sell, or trade personal information (including email addresses) that identifies Customer or its authorized users to third parties, and will only provide information such as Customer's name, address, and credit card number to businesses for credit verification and billing services, and to ensure that Church Office Online receives proper payment for the Services.

X. Service Fees.
The Customer agrees to pay all applicable fees as specified in the Customer's signed Service Agreement. Fees are payable in advance and are due before the first day of the renewal month, with a fifteen (15) day grace period. Church Office Online reserves the right to suspend the Service of Customers who fail to make payments for their selected Service package after fifteen (15) days from which said payments are due. Payments will be considered past due if not received within fifteen (15) days after the day the payment is due. All fees are non-refundable, in whole or in part, if the Service is cancelled or terminated by the Customer except with respect to any unused portion after cancellation under Section VI. In order to treat all Customers equally, no exceptions will be made. If Church Office Online terminates or cancels the Service or Agreement, with or without cause, Church Office Online shall refund Customer the unused portion of the fees remaining for the Agreement's term.

XI. Renewal / Notice of Termination.
The Service Agreement will automatically renew for subsequent one (1) month or one (1) year terms using the start date as the date of renewal after any trial period has elapsed. Pricing will be based upon normal weekly attendance and billed at current pricing as specified on the Church Office Online web site. Church Office Online shall provide Customer written notice of the current pricing sixty (60) days before the termination of the Agreement. Unless terminated for cause by Church Office Online as set forth below, this Agreement will continue for the duration of the annual term as set forth in the Service Agreement. The Term of Service shall continue on a one (1) month or (1) year basis unless either party gives not advance written notification of non-renewal sent not less than thirty (30) days before the end of the existing term or unless terminated pursuant to Section XIII or XIV below.

XII. Non-Payment / Suspension of Service.
In addition to any other rights granted to Church Office Online herein, Church Office Online reserves the right to suspend or terminate this Agreement and Customers access to the Service if the account becomes delinquent (falls into arrears). If the Customer or Church Office Online initiates termination of this Agreement, Customer will be obligated to pay any balance due on the account computed in accordance with Section X above. Customer agrees that Church Office Online may charge such unpaid fees to a credit card or otherwise bill Customer for such unpaid fees. Church Office Online reserves the right to impose a reconnection fee in the event Customer is suspended and thereafter request access to the Service.

XII. Termination for Cause.
Any unauthorized access, use copying, disclosure, distribution, or sub-licensing by Customer or with Customer's aid or consent of the Service or Data or any related methods, techniques, or processes, except as permitted under Section VI will be deemed a material breach of this Agreement. Additionally, any actions taken by Customer or its users in conflict with Section IX will also be deemed a material breach of this Agreement. Church Office Online in its sole discretion, within reason, may terminate or suspend the password, account or use of the Service if Customer or its Users materially breach this Agreement provided that Church Office Online provides Customer a ten (10) day written notice and a fifteen (15) day period to cure any and all material breaches thereafter.

XIV. Termination of Service.
Customer agrees that upon termination pursuant to Sections XIII or XIV above, Church Office Online will delete all files and information related to the Service after providing Customer notice ten (10) business days before such deletion to allow Customer's files to be downloaded or sent by e-mail and, thereafter, will bar any further access to the Service. Customer may terminate the Service on five business days advance notice for failure by Church Office Online to achieve the Uptime Milestone or due to a security breach. In such event, Customer, as it's sole and exclusive monetary remedy in connection with such termination, may elect to have refunded the price paid in advance (if any) for the remaining portion of Agreement's term for use of the Service (excluding any setup fees). Church Office Online may terminate use on notice of the Service if the Customer is a competitor of Church Office Online and upon such termination shall refund any fees advanced by Customer.

XV. Disclaimer of Warranties.

1. Except as set forth in Section VI (Availability of Service) and Section IX (Representations and Warranties), the Customer expressly agrees that the use of the Service is at the sole risk of the Customer and is provided on an 'as is' and 'as available' basis. Church Office Online and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Section VI specifies the sole remedy for a breach of the warranty set forth therein.

2. Except as set forth in Section VI (Availability of Service) and Section IX (Representations and Warranties), Church Office Online and its suppliers make no warranty that: (i) the Service will meet the Customer's requirements or result in revenues or profits; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; and, (iv) the quality of any products, service, information, or other material purchased or obtained by the Customer through the Service will meet the Customer's expectations. While Church Office Online will use commercially reasonable efforts to prevent unauthorized access to data entered into "restricted fields" within the Service, Church Office Online and its suppliers make no warranty that such fields will be secure against such unauthorized access or other security breaches. Church Office Online and its suppliers make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms of Service or the Service, including but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement, unless such representations and warranties are not legally excludable. Any material downloaded or otherwise obtained through the use of the Service is downloaded or obtained at the discretion and risk of the Customer and the Customer will be solely responsible for any damage to a computer system or loss of data that results from the download of any such material.

3. No advice or information, whether oral or written, obtained by the Customer from Church Office Online or through or from the Service, shall create any warranty not expressly stated in the Terms of Service.

4. The Customer represents that (i) to the best of its knowledge and beliefs, its use of the Service does not directly or indirectly infringe upon the legal rights of a third party, (ii) the Customer is the owner of such Data, or has been granted all of the rights necessary from the owner of such Data to submit the Data to the Service; (iii) the storage of such Data by Church Office Online will neither infringe on nor misappropriate the property rights of or otherwise violate the rights of any third party; (iv) billing and other information provided by it is accurate and (v) that the performance of this Agreement by Customer does not violate any agreement or obligation of Customer.

XVI. LIMITATION OF LIABILITY.
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

XVII. Indemnity.
Subject in all cases to the limitations set forth in Section XVII (LIMITATION OF LIABILITY), the parties agree to the indemnity provisions set forth in subsections (a)-(d) below:

1. The Customer agrees to indemnify Church Office Online and its officers, directors, subsidiaries, affiliates, successors and assigns (collectively, the "Church Office Online Indemnitees"), and defend and hold the Church Office Online Indemnitees harmless from and against all liabilities, losses, damages, settlements, actions, claims, suits, penalties, fines or expenses (including, without limitation, reasonable attorneys' fees and other expenses of litigation) incurred by any Church Office Online Indemnitees relating to or arising from or occurring as a result of the Customer's use of the Service; the Customer's connection to the Service; the Customer's violation of the Terms of Service; or, the Customer's violation of any proprietary or other rights of another provided that: (a) Church Office Online Indemnitees notify Customer in writing of the claim within 30 days of notice of such claim; (b) Customer has sole control of the defense and resolution of such claim; and, (c) Church Office Online Indemnitees provide Customer with the reasonable assistance to perform Customer's obligations under this Section. Customer will reimburse Church Office Online Indemnitees' reasonable out-of-pocket expenses incurred in providing such assistance.

2. Church Office Online shall indemnify the Customer and its officers, directors, subsidiaries, affiliates, successors and assigns (collectively, the "Customer Indemnitees"), and defend and hold the Indemnitees harmless from and against all liabilities, losses, damages, settlements, actions, claims, suits, penalties, fines or expenses (including, without limitation, reasonable attorneys' fees and other expenses of litigation) incurred by any Customer Indemnitees, relating to or arising from or occurring as a result of infringement by the Church Office Online Service of any patent, copyright, trademark, trade secrets or other intellectual property rights of a third party, provided that: (i) Customer Indemnitees notify Church Office Online in writing of the claim within 30 days of notice of such claim; (ii) Church Office Online has sole control of the defense and resolution of such claim; and, (iii) Customer Indemnitees provide Church Office Online with the reasonable assistance to perform Church Office Online's obligations under this Section. Church Office Online will reimburse Customer Indemnitees' reasonable out-of-pocket expenses incurred in providing such assistance.

3. Each party shall also indemnify, defend and hold the other party and its respective Indemnitees (as defined in (a) and (b) above) free and harmless from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, costs, expenses and other liabilities of every nature, including attorneys' fees, arising from the breach or inaccuracy of any of the indemnifying party's representations or warranties contained in this Agreement.

4. The foregoing indemnification provisions shall survive the termination of this Agreement.

XVIII. Nondisclosure.
By virtue of this Agreement, the parties may have access to information that is confidential to one another ("Confidential Information"). The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of the Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provision of this Agreement.

XIX. Governing Law and Jurisdiction.
This Agreement shall be governed by the laws of the State of Hawaii, without regard to its conflict of law provisions and shall be deemed to be executed in Honolulu, Hawaii. The Customer and Church Office Online also agree to submit to the personal and exclusive jurisdiction of the courts located Hawaii.

XX. Notices.
Notices to the Customer shall be made by e-mail to a designated account reference with a copy delivered first class mail to the then existing address of Customer shown on the records of Church Office Online. Notice to Church Office Online shall be sent to: Church Office Online 185 Brisco Rd. Unit L Arroyo Grande, California 93420. Notices sent by overnight delivery service shall be deemed received on the business day of receipt from the delivery service. Mailed notices shall be deemed received upon the earlier of the date of delivery shown on the return-receipt, or the second business day after the date of mailing. Notices sent by facsimile transmission shall be deemed served on the date of transmission, provided that is during regular business hours, otherwise on the next business day. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to the Customer's message center.

XXI. Entire Agreement.
This Agreement constitutes the complete Agreement between the parties and, except as provided, supersedes all previous agreements or representations, written or oral, with respect to the Services described herein.

XXII. Attorneys' Fees.
Should either party be required to bring legal action (including arbitration) to enforce its rights under this Agreement, the prevailing party in such action shall be entitled to recover from the losing party its reasonable attorneys' fees and costs in addition to any other relief to which he is entitled. The parties further agree that any attorneys' fees incurred in enforcing any judgment are recoverable as a separate item, and that this provision is intended to be severable from the other provisions of this Agreement, shall survive the judgment, and is not to be deemed merged into the judgment.

XXIII. Acceptance.
This Agreement becomes effective upon (a) acceptance of these terms by the Customer as evidence by assent of the person accepting this agreement and (b) valid payment by the Customer; and (c) acceptance by Church Office Online as shown by and acceptance respond or commencement of use of the Service.

XXIV. General.
The Terms of Service do not limit any rights that Church Office Online may have under trade secret, copyright, patent, trademark, or other laws. The failure of Church Office Online to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Agreement shall remain in full force and effect. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The Agreement will inure to the benefit of Church Office Online and its successors and assigns. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages in certain circumstances. Accordingly, some of the above limitations may not apply. All representations, warranties, terms, disclaimers, and limitations in the Agreement shall survive the termination of the Customer's account or access to the Service.

XXV. Statement of Belief.
Church Office Online is a non-denominational ministry that works with all Bible believing Christian churches that embrace traditional Christian theology.

We believe that:

There is one God eternally existing in three persons: Father, Son, and Holy Spirit (Matthew 28:19). Jesus Christ is God the Son and is true God and true man (Phil 2:5-8).

Jesus Christ was begotten by the Holy Spirit and born of a virgin (Matthew 1:18 & 23), led a sinless life, took on Himself all our sins (Romans 5:8-9), died on the cross, and rose again (1 Corinthians 15:1-4), and is seated at the right hand of the Father as our mediator (Heb 9:15) and advocate (1 John 2:1).

The Bible is God's Word, uniquely and fully inspired by the Holy Spirit (2 Timothy 3:16-17), and is authoritative on all matters on which it speaks (2 Peter 1:20-21).

All people sin and fall short of the glory of God (Romans 3:23) and will face eternal separation from God unless they come into a saving relationship with Jesus Christ (John 3:16-17). Salvation is a free gift from God (Ephesians 2:8-9) that can only be received by faith in Jesus Christ (Acts 4:12, Galatians 2:16).

God works through the members of His church to evangelize the lost and teach believers to obey His commands (Matthew 28:18-20). Churches are to be open to and accepting of all people, offering God's love and redemption to each person without prejudice or condemnation (John 3:16-18). However, in their efforts to reach out, churches must take care to uphold the Word of God, and not engage in moral compromise (Romans 12:2) or affirm any sin such as sexual immorality, idolatry, adultery, homosexuality, stealing, greed, drunkenness, slander, swindling (1 Corinthians 6:9-10), murder, strife, deceit, malice, gossip (Romans 1:21-32), witchcraft, hatred, discord, jealousy, fits of rage, selfish ambition, factions, or envy (Galatians 5:19-21).

God's people are called to holiness in all aspects of life (Galatians 5:22-25), with the goal of being conformed to the image of our Lord and Savior Jesus Christ (Romans 8:29).

XXVII. Notice of Right to Refuse Service.
Church Office Online reserves the right to deny access to or terminate the Service upon any grounds that Church Office Online deems as appropriate.

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