This User Agreement ("Agreement") is an agreement between Lighthouse Ministry Group ("LHMG"), and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING LHMG'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. LHMG reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by LHMG. Activation of the Services shall indicate LHMG's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, LHMG will provide to Customer the Services selected by Customer set forth on the Order Form.
Under this Agreement, Customer shall comply with LHMG's then current "Usage Policy", as amended, modified or updated from time to time by LHMG, which currently can be viewed at http://LHMG.net/Usage_policy.html, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. LHMG does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Notwithstanding anything to the contrary contained in this Agreement, LHMG may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event LHMG takes corrective action due to a violation of the Usage Policy, LHMG shall not refund to Customer any fees paid in advance of such corrective action.
LHMG may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. LHMG may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of two days after posting on LHMG's Usage Policy website or two days after the sending of a notice by LHMG to Customer by e-mail or conventional mail. If any modification to this Agreement or the Usage Policy is unacceptable to you, you may terminate your subscription as provided in Section 4. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. LHMG reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice (subject to an early cancellation fee as provided below), (ii) by LHMG in the event of nonpayment by Customer, (iv) by LHMG, at any time, without notice, if, in LHMG's judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in LHMG's judgment, could disrupt, LHMG's business operations and (v) by LHMG in accordance with Sections 2, 9, and 10 of this Agreement.
If you cancel this Agreement prior to the end of the Term, (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) LHMG shall refund to you all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, (iii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) LHMG shall have the right to charge you an early cancellation fee of $25.00. Any cancellation request shall be effective 30 days after receipt by LHMG, unless a later date is specified in such request.
If LHMG cancels this Agreement prior to the end of the Term, LHMG shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and (iii) LHMG shall have the right to charge you an early cancellation fee of $25.00.
All fees for the Services shall be in accordance with LHMG's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. LHMG may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. LHMG may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due LHMG remains unpaid ten (10) days after such payment is due, LHMG, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of LHMG) shall be paid by Customer.
Customer agrees that LHMG may pre-charge Customer's fees for the Services to the credit card supplied by Customer during registration.
LHMG is acting only as a reseller or licensor of
the hardware, software and equipment used in connection with the products
and/or Services that were or are manufactured or provided by a third party
("Non-LHMG Product"). LHMG shall not be responsible for any changes
in the Services that cause the Non-LHMG Product to become obsolete, require
modification or alteration, or otherwise affect the performance of the
Services. Any malfunction or manufacturer's defects of Non-LHMG Product either
sold, licensed or provided by LHMG to Customer or purchased directly by
Customer used in connection with the Services will not be deemed a breach of LHMG's obligations under this Agreement. Any rights or
remedies Customer may have regarding the ownership, licensing, performance or
compliance of Non-LHMG Product are limited to those rights extended to Customer
by the manufacturer of such Non-LHMG Product. Customer is entitled to use any
Non-LHMG Product supplied by LHMG only in connection with Customer's permitted
use of the Services. Customer shall use its best efforts to protect and keep
confidential all intellectual property provided by LHMG to Customer through any
Non-LHMG Product and shall make no attempt to copy, alter, reverse engineer, or
tamper with such intellectual property or to use it other than in connection
with the Services. Customer shall not resell, transfer, export or re-export any
Non-LHMG Product, or any technical data derived therefrom,
in violation of any applicable
If LHMG assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to LHMG, and Customer shall have no right to use that Internet Protocol address except as permitted by LHMG in its sole discretion in connection with the Services, during the term of this Agreement. LHMG shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by LHMG, and LHMG reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Customer expressly (i) grants to LHMG a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by LHMG under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.
Customer agrees that Customer shall not use excessive amounts of CPU processing on any of LHMG's servers. Any violation of this policy may result in corrective action by LHMG, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in LHMG's sole and absolute discretion. If LHMG takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). LHMG will monitor Customer's bandwidth and disk usage. LHMG shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in LHMG's sole and absolute discretion. If LHMG takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.
Customer represents and warrants to LHMG that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants LHMG the right to reproduce, copy, use and distribute all and any potion of the Customer Content to the extent needed to provide and operate the Services.
Customer agrees to use all Services and any information obtained through or from LHMG, at Customer's own risk. Customer acknowledges and agrees that LHMG exercises no control over, and accepts no responsibility for, the content of the information passing through LHMG's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF LHMG, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "LHMG PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT LHMG PROVIDES. NO LHMG PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. LHMG IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY LHMG. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY LHMG PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Customer agrees to indemnify, defend and hold harmless LHMG and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's frees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
Customer agrees that no LHMG Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to LHMG at the time) which may exist in the Services or LHMG's equipment used to provide the Services.
Under no circumstances, including negligence, shall any LHMG Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer or any third party, whether in an action in contract or tort or strict liability or other legal theory, even if LHMG has been advised of the possibility of such damages. No LHMG Person shall be liable to Customer for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to LHMG's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, LHMG's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12 month period prior to the date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
LHMG shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
This Agreement shall be governed by and construed
in accordance with the laws of the State of
Customer shall not resell the Services to any other party. Customer shall not have the right to assign this Agreement without the prior written consent of LHMG. This Agreement shall be binding upon and inure to the benefit of Customer and LHMG and their successors and permitted assigns.
This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void the remainder of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
The LHMG Usage Policy supplements the service agreement of each user of LHMG's services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using LHMG's services, network, and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. LHMG will revise this Usage Policy form time to time. A Subscriber's use of the Services after revisions to the Usage Policy are posted on LHMG's website at http://LHMG.net/Usage_policy.html, will constitute such person's acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. LHMG is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Spamming, whether or not it overloads the Services or disrupts service to LHMG's Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. LHMG reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list. Further more any email list utilized on LHMG servers must be “Double opt-in” in nature.
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an email message or web page content is prohibited.
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of other LHMG customers or clients to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
The exportation of encryption software outside of
the
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. LHMG is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
The use of the Services to engage in any activities that are determined by LHMG, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. LHMG will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Engaging in any activity that, in LHMG's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, LHMG's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of LHMG's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with LHMG in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.
In general, LHMG does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when LHMG becomes aware of any violation of this Usage Policy or its User Agreement, LHMG may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, LHMG may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. LHMG reserves the right to take any such action even though such action may affect other customers of the Subscriber.
LHMG may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect LHMG or others from harm, and/or to ensure the proper operation of the Services. LHMG has no obligation to notify any person, including the Subscriber about whom information is sought, that LHMG has provided the information.
In accordance with the Digital Millennium Copyright Act, LHMG has adopted a policy that provides for termination of web sites hosted by LHMG that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a web site that is hosted by LHMG or its subsidiaries, and the copyright holder wants LHMG to remove the web site or disable the material in question, LHMG will remove the web site or disable the material if the copyright holder provides us with all of the following information:
Notices should be directed to:
Lighthouse Ministry Group
Email us through our online form at: http://www.lhmg.net/contactus.php
Ph: 302.725.0735
Fax: 302.258.0720
