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TERMS OF SERVICE

I. Permitted Use
Under the terms and conditions of this 'Agreement', Church Community Builder, Inc., (herein referred to as 'CCB'), agrees to provide an Internet Service Application ('Service') hosted by CCB, and set up a private dedicated database for the exclusive use by the customer ('Customer').

The Service is to be used only by the Customer and users authorized by 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. In addition, 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 Responsibilities and Warranty
By entering data, information, or material ('Data') into the dedicated database, the Customer warrants that: (1) 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; and, (2) the storage of such Data by CCB and its affiliates will neither infringe on nor misappropriate the property rights of or otherwise violate the rights of any third party.

III. Customer Proprietary Data Rights
The Data submitted to the Service is for the exclusive use of the Customer. CCB agrees not to use, distribute or disclose any of the data maintained as a result of the Customer using this Service. CCB and its affiliates shall have the right to remove any Data that violates these Terms of Service. 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.

IV. CCB Account Information and Data
CCB does not own or have any rights to any Data that the Customer submits as a result of using this Service. CCB 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. Anytime Customer information, other than general statistical data (ie, number of churches, number of churches in a state, etc.), is disclosed for any reason, the Customer will be notified in writing of the circumstances of such disclosure and to whom it was disclosed, no later than 72 business hours after disclosure. CCB 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. CCB may access the Customer database in order to respond to service or technical problems when requested to do so by the Customer.

V. CCB 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 CCB'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.

VI. Availability of Service
CCB 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 CCB 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 CCB 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, interruption of major network connectivity, network and server outages, the Customer may elect to have returned the price paid (if any) for the unused portion of the subscription agreement for use of the Service (excluding any setup fees, data conversion fees, etc.).

VII. Customer Assigned Administrator(s)
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 CCB Customer Service Representatives.

VIII. Customer Support Services
CCB will provide quality technical support to the Customer. A 24-hour Online Help System will be available to all Users. For questions or information not addressed in the CCB User's Manual or Online Help System, additional support will be available to the Master Administrator ("primary") and one other ("secondary Administrator") designated contact via email or phone support. Responses to email messages will occur typically within one (1) business day. CCB'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.

IX. 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. In addition, without limitation, the Customer agrees not to use the Service or information from the Service to: (a) send unsolicited or unauthorized email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (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 (objectionable material is not to be confused with taking a bibilcally-based stand and position on moral issues facing society); (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.

X. Data Backup, Security and Integrity
CCB shall use all reasonable efforts to protect Customer data behind a secure firewall system, to conduct daily data backups, to store a weekly full-system backup in a separate facility, and to ensure that the data is an accurate representation of the data the Customer entered into the system.

XI. 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. CCB reserves the right to suspend the Service of Customers who fail to make timely payments for their selected Service package. Payments will be considered past due if not received within ten (10) days from the day the payment is due. All fees are non-refundable, in whole or in part, regardless of whether the Service is cancelled or suspended prior to the end of the service year.

XII. Renewal / Termination of Service
The Service Agreement will automatically renew for subsequent one (1) year terms using the start date as the annual date of renewal. Pricing will be based upon normal weekly attendance and billed at current pricing. Unless terminated for cause by CCB 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 an annual (one year) basis unless a thirty (30) day written notification of intent to terminate service is given by either party, or until terminated as specified below.

The Customer acknowledges and agrees that CCB, in its sole discretion, may suspend or terminate the Service and/or deny the Customer access to, use of, or submission of Data for all or part of the Service, without prior written notice and for reasons including: (a) violation of the letter or spirit of any term or provision of the Terms of Service; (b) violation of the rights of CCB or third parties; or, (c) otherwise inappropriate use of the Service. Customer agrees that upon termination, CCB will delete all files and information related to the Service only after ten business days notice has been given by CCB to allow Customer's files to be downloaded and, after this point, will bar any further access to the Service. Furthermore, the Customer agrees that CCB shall not be liable to the Customer or any third party for any termination of the Customer's access to the Service pursuant to this section.

XIII. Termination for Cause
Any unauthorized access, use copying, disclosure, distribution, or sublicensing by Customer or with Customer's aid or consent of the Service or Data or any related methods, techniques, or processes will be deemed a material breach of this Agreement. CCB in its sole discretion may terminate the password, account or use of the Service if Customer breaches or otherwise fails to comply with this Agreement. CCB reserves the right to terminate service to those churches or ministries who, in our opinion, are found to be in conflict with our Statement of Belief.

CCB provides information such as your name, address, and credit card number to organizations (such as credit verification and billing services) to ensure that we receive proper payment for our services. CCB will not share, rent, sell, or trade personal information (including email addresses) that identifies our Customers or users to third parties. Any disclosure or distribution of the Data outside of the above exceptions to a third party by CCB will be deemed a material breach of this contract.

XIV. Warranties, Disclaimers, and Representations

Subject to the terms set forth in the "Availability of Service" section, the Customer expressly agrees that:

(a) The use of the Service is at the sole risk of the Customer and is provided on an 'as is' and 'as available' basis. CCB 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.

(b) CCB and its suppliers make no warranty that: (1) the Service will meet the Customer's requirements or result in revenues or profits; (2) the Service will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the Service will be accurate or reliable; and, (4) 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 CCB will use commercially reasonable efforts to prevent unauthorized access to data entered into "restricted fields" within the Service, CCB and its suppliers make no warranty that such fields will be secure against such unauthorized access or other security breaches. CCB 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.

(c) No advice or information, whether oral or written, obtained by the Customer from CCB or through or from the Service, shall create any warranty not expressly stated in the Terms of Service.

(d) The Customer represents that, 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.

XV. Indemnity
The Customer agrees to indemnify and hold harmless CCB, its subsidiaries and affiliates, and its and their directors, officers, agents, and employees ("Indemnitees") from any claim or demand, including reasonable attorneys' fees, made by any third party to whom the Customer has allowed access (either inadvertently or wittingly) to the Service due to or arising out of the Data; 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. The Customer further agrees and acknowledges that the Indemnitees are not liable or responsible in any way for any errors, omissions or any other action arising out of or related to the use of the Service. The Customer further agrees to indemnify, defend and hold harmless the Indemnitees from and against any and all claims, damages liabilities, costs and expenses (including reasonable legal expenses) arising out of, or related to, the Customer's use of the Service or the placement or transmission of any message, information, software, or other materials through the Service by the Customer or user of the Customer's account or related to any violation of any term of the Terms of Service by the Customer or users of the Customer's account.

CCB shall indemnify the Customer and its officers, directors, subsidiaries, affiliates, successors and assigns (collectively, the "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 Indemnitee, relating to or arising from or occurring as a result of infringement by the CCB Service of any patent, copyright, trademark, trade secrets or other intellectual property rights of a third party, provided that: (a) Indemnitee notifies CCB in writing of the claim within 30 days of notice of such claim; (b) CCB has sole control of the defense and resolution of such claim; and, (c) Indemnitee provides CCB with the reasonable assistance to perform CCB's obligations under this Section. CCB will reimburse Indemnitee's reasonable out-of-pocket expenses incurred in providing such assistance provided such assistance is specifically requested of CCB by Indemnitee in writing.

XVI. Limitation of Liability
In no event shall either party be liable for any direct and/or indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses incurred by either party or any third party, whether in an action in contract or tort, even if the other party or any other person has been advised of the possibility of such damages, resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and service resulting from any goods, data, information or Service purchased or transactions entered into through or from the Service; (c) unauthorized access to or alteration of the Customer's transmissions or data; (d) statements or conduct of any third party on the Service; or, (e) any other matter relating to the Service.

The Customer agrees that CCB will not be liable for any: (a) interruption of business; (b) access delays or access interruptions to the Service; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) unauthorized access to data entered in, or breach of any security mechanisms utilized in, the Service or in any restricted field or file therein; or, (e) events beyond CCB's reasonable control.

CCB's aggregate liability for damages hereunder shall in no event exceed the amount of fees paid by the Customer under this Agreement for the relevant service, up to a maximum amount equal to service charges for six (6) months of the Service.

XVII. 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.

XVIII. Governing Law
Except as otherwise provided herein, this Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions and shall be deemed to be executed in Colorado Springs, Colorado.

XIX. Jurisdiction
Except as otherwise provided in the Terms of Service, the Customer and CCB agree to submit to the personal and exclusive jurisdiction of the courts located with the County of El Paso, State of Colorado.

XX. Notices
Notices to the Customer may be made either via email, regular mail, overnight courier or facsimile at the contact address of record for the Service. 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. If the Customer provides notice to CCB, such notice should be sent to: Church Community Builder, 3472 Research Pkwy, Suite 104, Colorado Springs, CO, 80920 or fax to (719) 623-0300.

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. General
The Terms of Service do not limit any rights that CCB may have under trade secret, copyright, patent, trademark, or other laws. The failure of CCB 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 parties nevertheless agree that the court should endeavor to give meaning to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. The Customer agrees that any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action became known or should have become known or be forever barred. 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 CCB 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.

XXIII. Statement of Belief

Church Community Builder 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).

XXIV. Notice of Right to Refuse Service

CCB reserves the right to refuse Service to those churches or ministries who, in its opinion, are in conflict with its Statement of Belief.
 

 
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