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Carefully read the following terms and conditions of this
agreement. By accessing and using the web hosting, design, advertising or
electronic commerce services and associated software of The Kingdom Of God,
Inc. a For Profit Organization ( “ Company ” ), You ("Customer") indicate the
acceptance of the following terms and conditions and you agree to be bound by
them. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE
THE COMPANY ’ S WEB HOSTING, ADVERTISING AND ELECTRONIC COMMERCE SERVICES. USE
OF THESE SERVICES SHALL CONTITUTE ACCEPTANCE OF THIS AGREEMENT.
This agreement constitutes the complete and exclusive statement of the
agreement between you and the Company with respect to the Company ’ s web
hosting, advertising and electronic commerce services and associated software
and SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, oral or written, and any other
communications relating to the subject matter of this agreement.
Now, therefore, in consideration of the mutual covenants set forth herein,
Company and Customer agree as follows:
1. Order Acceptance, Payment
a. All orders are subject to acceptance by the Company. An order will be deemed
accepted by the Company when the Company gives written confirmation
of acceptance to Customer.
b. The Company shall charge Customer’s credit card for the applicable set-up
fees and service fees according to the service(s) and/or Package(s) (*as
defined below) selected by Customer and provided by the Company. Such fees and
charges shall include, without limitation, the fees for connectivity, design
services, and charges by any and all third parties whose materials are included
as part of our service(s) and/or Package(s). The Company reserves the
right to change the amount of, or basis for determining, any fees or charges
and institute new fees and charges without prior notice to Customer. Customer
must provide the Company with a valid credit card number and the Company will
automatically charge all fees as they become due.
c. Monthly Payment Option. By selecting the Monthly Payment Option, Customer
agrees to a 1-year term with Company. Customer also agrees to
let Company deducts your monthly account balance, owed to
Company, from your credit card. To stop monthly deductions you must call
The Kingdom Of God at 1 (800) 455-9998 or email us at
info@TheKingdomofGod.biz. You will be charge an early cancellation fee
for canceling before the end of the 1-year term.
d. Cancellation Fees:
Business Partners: Basic Partner $15.00, Premium Partner $50.00, Premium Plus
Partner $98.00.
Music Partners: Silver $15.00, Gold $28.00, Platinum $50.00.
e. All service and set-up fees shall be due in advance of the month incurred
and all additional charges shall be due at the end of the month in which such
charges are incurred. Except as provided in Section 3, the set-up fees are
nonrefundable and the Company does not issue pro rata refunds for fees paid in
advance. If payment by Customer’s credit card is denied, or Customer’s charge
is returned to the Company for any reason, including charge back or Customer
otherwise fails to make any payments owing to the Company, the Company may, at
the Company’s discretion, suspend or terminate access to the Services and/or
terminate this Agreement. Customer’s right to use the Company’s Services is
subject to any limits established by the Company or by the issuer of Customer’s
credit card. Interest charges of 1% per month (or the highest rate permitted by
law if lower than 1% per month) will accrue daily on any unpaid balance, which
is more than (30) thirty-days overdue. Customer shall be responsible for any
and all taxes related to this Agreement.
f. Upon completion of the initial term of this Agreement, the Company reserves
the right to increase prices listed.
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2. Services
a. During the term of this Agreement, the Company shall provide software
services to Customer according to the Package(s) and/or Services accepted by
Customer (the "Company’s Services"). "Package" means one of the Company ’ s
services and/or electronic commerce service offerings, as can be found on the
Company Web site at http://www.TheKingdomOfGod.biz
or sales literature. The specific Package and/or Service to be provided to
Customer shall be established by correspondence between the Company and
Customer. Such Package shall be deemed incorporated by reference into this
Agreement, as if fully set forth herein. The Company and Customer shall retain
copies of such Package(s) and/or Service(s) for future reference.
b. At Customer's request, the Company may acquire an Internet Second-Level
Domain Name ("Domain Name"), from the Contracted Registrar on behalf of
Customer. Customer's request for and/or acceptance of a Domain Name obtained by
the Company shall in all cases constitute Customer's waiver of any and all
claims which Customer may have, or which may later arise, against the Company
or its third party providers, for any and all damages, losses, claims or
expenses arising from or related to the acquisition, registration and/or use of
the Domain Name. Any cost incurred by the Company to obtain and/or maintain the
Domain Name on behalf of Customer shall be charged to Customer by the Company.
Request for, and acceptance of a Domain Name requires the Company to supply the
Domain Name to the Contracted Registrar, which in turns supplies the Domain
Name to third parties. The Company will be the sole billing and technical
contact for the Domain Name.
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3. Limited 30-Day Money-Back Guarantee
| The Company offers a (30) thirty-day money back guarantee on each Package. If
Customer is not completely satisfied with the Company’s Services provided under
such Package within the first (30) thirty-days, Customer may cancel this
Agreement by notifying the Company by calling the number listed in Section 14 c
or writing to the address listed in Section 14 c. In such case, Customer will
receive a full refund of any amounts paid pursuant to this Agreement, except
for set-up fees, which are nonrefundable. After the initial (30) thirty-day
period, the Company’s Services shall be deemed accepted for all purposes,
provided the Company has received no written claim within a 30) thirty-day
period.
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4. Partnership Eligibility
a. Our Partnership Services are available only to, and may only be used by
individuals who can form legally binding contracts under applicable law. Our
services are not available to children or to temporarily or indefinitely
suspended partners. Partners must be at least 18 years old. Your Partner
Account and User ID may not be transferred to another party. When making a
purchase on this site you are obligated to complete the transaction with the
seller.
b. Fundraiser Partners must maintain a minimum of $2,000.00 in annual
sells after the first 60 days of partnership.
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5. Listing Items For Sale
| You must be legally able to sell the item(s) you list for sale on this Site.
You must describe your item and all terms of sale on the listing page of the
Site. Your listings may only include text descriptions, graphics, pictures and
other content relevant to the sale of that item.
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6. Customer Account
| Company will establish an account for each Customer that can be accessed at any
time by Customer while in good standing with Company by going to “My Account”
and logging-in with Customers Login ID and Password. Customer agrees to allow
Company to automatically deduct all fees and payments due to Company from
Customers credit card when due. Company will transfer all money owed to
Customer minus any and all fees owed to Company on the 1st and 15th of each
month. Company will transfer money owed to Customer on or before the 7th day
following the current payment period (1st or 15th). Money will be transferred
to Customer using a method acceptable to Company. |
7. Credit Card Processing
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Company's Credit Card Processing is through Verisign. Customer credit card
number is safely encrypted. Customer selling in Shop Kingdom! will be
charged 3.5% of the total sales price of each sales transaction made
through our Credit Card Processing. |
8. Affiliate Program
a. The Affiliate Program is a referral program in which Company agrees to pay
the Affiliate 30% of every Partner Ad that’s purchased, and
includes his/her Affiliate number on the signup form. Company shall
not be held liable for Partner Ad’s that are purchased that do not include
the Affiliate number not matter the cause of the omission.
b. Affiliate’s that are assigned to Fundraiser Partners will receive 10% of
every Partner Ad purchased through the Fundraiser Partner they are assigned to.
Affiliate is responsible for inputting all Partner Ads and performing their
service with excellence and integrity.
c. Affiliate will not receive credit for any Partner Ad that is
purchased that does not include the his/her Affiliate number.
d. Affiliate represents that he/she is engaged in an independent calling
and has complied with all local, state, and federal laws regarding business
permits and licenses that may be required to carry out the independent calling
and to perform the services to be performed under this agreement.
e. Affiliate will supply all equipment, tools, materials, and supplies
necessary to perform the services of this agreement. Company may provide such
items to Affiliate for a fee.
f. Company will not reimburse Affiliate for any expenses incurred.
g. Affiliate agrees that it is his/her sole and exclusive responsibility to
provide all taxes, insurances, and local state, and federal taxes related to
this agreement.
h. Affiliate understands that he/she and the Affiliate Program are bound by
this entire Terms and Conditions Agreement.
i. Company shall not have any responsibility or liability for disputes arising
between Affiliate and the purchaser of a Partner Ad (his/her customer).
j. Company may suspend or terminate this agreement if Affiliate purposely
misrepresents Company or fails to correct any breach of this Agreement. |
9. Fundraisers
| Our standard Partner Ad features, options and pricing may vary with
Fundraisers. They may also vary from Fundraiser to Fundraiser.
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10. Third Party Providers
| In order to access and use the Company's Services, Customer may be required to
subscribe to other Company’s Services offered under separate agreements,
including, but not limited to, the Company’s Internet Access Agreement. This
Agreement does not in any way modify the terms of such agreements. In addition,
Customer acknowledges that in order to access certain of the Company' s
Services, Customer may have to agree to and execute agreements with third party
providers who may charge Customer fees and charges which are in addition to the
fees and charges imposed by the Company.
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11. Rules and Regulations
| From time to time the Company may impose reasonable rules and regulations
regarding the use of the Company’s Services. Such rules and regulations are
called acceptable use policies and are posted on the Company’s web site at
http://www.TheKingdomOfGod/Company/PrivacyPolicy.aspx. All such
acceptable use policies are incorporated by reference into this Agreement as if
fully set forth herein.
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12. License Grant
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During the term of this Agreement, Company grants to Customer a non-exclusive,
personal, non-transferable license to access and use the Company’s Services
solely on and as part of the Company’s World Wide Web site and servers. The
Company may modify the Company’s Services at any time for any reason and may
provide modified versions of the Company’s Services to Customer.
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13. Intellectual Property Rights, Copyright and Trademarks
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Customer acknowledges and agrees that the Company’s Services and
the information available on or through this site constitute the confidential
and proprietary information of The Kingdom Of God, Inc., a For Profit
Organization, and its licensors and embodies trade secrets and intellectual
property of the Company and its licensors protected under United States
copyright, trademark, and other laws and international treaty provisions.
Customer further acknowledges that all right, title, and interest in and to all
parts of the Company ’ s Services, including, without limitation, associated
intellectual property rights, are and shall remain with the Company and its
licensors. Customer shall not, and shall cause its employees and agents not to,
disclose or transfer any portion of the Company’s Services to any third party.
Customer further agrees not to translate, decompile, reverse engineer,
disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute,
remarket or otherwise dispose of any portion of the Company’s Services. Users
may not use the trademarks, logos and service marks ("Marks") for any purpose
in other pages or sites on the World Wide Web without the written permission of
The Kingdom Of God, Inc. or such third parties that may own the Marks. Customer
hereby acknowledges that, if the Company at any time or from time to time
performs any customizations or modifications to the Company’s Services, all
rights and interests to such customizations or modifications shall be the sole
property of the Company.
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14. Term and Termination
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a. This Agreement shall have an initial term as stated herein and shall
thereafter automatically renew for successive contract periods. This Agreement
and Customer's access to Company Services shall terminate as follows: (i)
Either party may terminate upon (30) thirty-days prior notice; (ii) The Company
may immediately and without prior notice terminate upon a violation by Customer
of the Company ’ s acceptable use policies; (iii) The Company may terminate
immediately and without prior notice in accordance with Section 1; and (iv) The
Company may terminate immediately if, after 15 days prior notice to Customer,
Customer has failed to correct any breach of this Agreement.
b. Upon any termination in accordance with Section 14(a)(i), the Company shall
permit Customer forty-eight (48) hours to download or otherwise copy any of
Customer's information and data residing on the Company’s facilities prior to
removing such information and data from the Company’s facilities. Upon
termination by the Company under Sections 14(a)(ii), (iii) or (iv), the Company
may immediately remove all of Customer's data and information from the
Company’s facilities and Customer shall have no right to copy or download such
data or information, and, in such event, all such information and data,
including all copyrighted or copyrightable material therein, shall then become
the property of the Company. In cases where Customer's account has been
cancelled, and Customer is requesting reactivation, the Company, at it's
option, may reactivate the same account, only if the account had been cancelled
less than (60) sixty-days prior. After (60) sixty-days, Customer will be
required to set up a new account.
c. To cancel the Company’s web hosting, domain name services, advertising or
electronic commerce services, Customer should call the Company’s number at
909-579-6000 or send a request via mail to TheKingdomOfGod.biz, P.O. Box 1147
Claremont, CA 91786, Attention: Service Cancellations. For assurance of
delivery, the Company recommends that requests for cancellation is sent via
certified mail.
d. Sections 1, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 shall
survive any termination of this Agreement.
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15. Fraud.
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Without limiting any other remedies, the Company may suspend or
terminate your Customer account if the Company suspects that Customer has
engaged in fraudulent activity in connection with the Site.
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16. Exclusion of Warranties
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The Company PROVIDES THE COMPANY’S SERVICES ON AN "AS IS" BASIS,
AND WITHOUT ANY WARRANTY OF ANY KIND, whether expresses or implied, including,
but without limitation, any implied warranty of merchantability, or fitness for
a particular purpose. While the Company makes reasonable efforts to maintain
the Company ’ s service, many factors are not within the Company’s control.
Therefore, the Company does not warrant, and is not responsible for (even if
caused by the negligence of the Company) any loss of data, delays, non-delivery
or mis-delivery of information, lack of access, slow response time, or service
interruptions or errors. Loss, delay or non-delivery of data can be due to but
not limited to the Company’s own negligence, viruses or other third parties.
Customer's data is defined as any data held by the Company and includes account
information, web hosting data, and advertising, email and domain name services.
This disclaimer and waiver shall apply equally to any and all third party
providers. The Company provides no warranty to customer regarding the accuracy
of usage statistics, which the Company may provide in its discretion. Further,
no advice or information given by one of the Company’s representatives shall
create a warranty or serve as an amendment to this agreement. The Company has
the right to change prices, or add or delete product features of any existing
product or service. The right to change products or services extends to any
software supporting a product or service. The Company reserves the right to
change prices or material features at any time. The Company reserves the right
to institute new fees or new material features at any time. The Company has the
right to discontinue products or services and the right to remove or reassign
IP addresses of a customer's web site. The Company also has the right to
deactivate a customer's service with a (30) thirty-day notice. Except for
certain products and services specifically identified as being offered by the
Company, the Company does not control any materials, information, products, or
services on the Internet. The Internet contains unedited materials, some of
which are sexually explicit or may be offensive to you. The Company has no
control over and accepts no responsibility for such materials. You assume full
responsibility and risk for use of the services on the Internet and are solely
responsible for evaluating the accuracy, completeness, and usefulness of all
services, products, and other information, and the quality and merchantability
of all merchandise provided through the service or the Internet.
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17. Limitation of Liability and Damages
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THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO CUSTOMER SHALL BE
LIMITED TO THE AMOUNT PAID TO THE COMPANY BY CUSTOMER HEREUNDER DURING THE
THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH THE COMPANY IS LIABLE TO
CUSTOMER. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR
LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF
CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT THE COMPANIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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18. Confidentiality
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Customer acknowledges that by reason of its relationship with the
Company, it may have access to certain information and materials relating to
the Company’s business, customers, software technology and marketing which the
Company treats as confidential (collectively "Confidential Information").
Customer shall: (i) hold in confidence, and not disclose or reveal to any
person or entity, any Confidential Information without the clear and express
prior written consent of a duly authorized representative of the Company; and
(ii) not use or disclose any of the Confidential Information for any purpose at
any time, other than for the limited purpose of performance under this
Agreement. These obligations shall continue indefinitely for so long as the
Confidential Information is a trade secret under applicable law and shall
continue for two (2) years following termination of this Agreement with respect
to Confidential Information, which does not rise to the level of a trade
secret.
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19. Indemnification
Customer shall indemnify and hold the Company (The Kingdom Of
God, Inc.) harmless against all third party claims, demands, suits, actions,
judgments, losses, costs, damages (direct, indirect and consequential),
attorney's fees and expenses that the Company may sustain or incur by reason of
any breach or alleged breach of any term or condition of this Agreement
(including reasonable attorney's fees) and for any act, omission, typo or error
of Customer, its clients or the Company which are in any way related to the
services provided by the Company (The Kingdom Of God, Inc). All transactions
made as a result of the information or ads posted on this website ( TheKingdomOfGod.biz)
are solely between the buyer and seller only. Neither the Company nor its third
party partners shall have any liability for transactions made between a buyer
and seller.
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20. Export Control
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Customer agrees not to export or re-export any portion of the
Company’s Service outside of the United States. Customer further agrees to
comply with all United States and other applicable laws, rules and regulations
relating to the export, re-export or transshipment of the Company’s Services.
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21. Force Majeure
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Either party shall be excused from any delay or failure in
performance hereunder caused by reason of any occurrence or contingency beyond
its reasonable control, including but not limited to, floods, tornado,
earthquake, labor disputes and strikes, riots, war, and governmental
requirements. The obligations and rights of the party so excused shall be
extended on a day-to-day basis for the period of time equal to that of the
underlying cause of the delay.
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22. Miscellaneous
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Customer may not assign its rights or delegate any of its duties
under this Agreement without the prior written consent of the Company, and any
attempted assignment or delegation without such consent shall be void. If one
or more provisions of this Agreement shall be held to be invalid, illegal, or
unenforceable, the validity, legality and enforceability of the remaining
provisions shall not be affected or impaired thereby. Nothing in this Agreement
or in the understanding of the parties construes upon the parties the status of
partners or joint ventures. The Company may subcontract any work, obligations
or other performance required of the Company under this Agreement without
consent of Customer. Other than the termination of this agreement, all notices
provided hereunder sent by email, mail or certified mail to the Company, will
be effective upon transmission. The Company has the right to amend the
Agreement from time to time, and will do so by posting the new Agreement on the
Company’s web site under the Terms and Conditions at the Policies and
Agreements page. The Agreement shall be governed by the laws of California,
without giving effect to applicable conflict of laws provisions. The federal
and state courts located in San Bernardino, California alone have jurisdiction
over all disputes arising out of or related to this Agreement and the Services.
You consent to the personal jurisdiction of such courts sitting in California
with respect to such matters or otherwise between you and the Company, and
waive your rights to removal or consent to removal. In the event any litigation
or other proceeding is brought by either Party in connection with this
Agreement, the prevailing Party in such litigation or other proceeding shall be
entitled to recover from the other Party all costs, attorneys' fees and other
expenses incurred by such prevailing Party in such litigation.
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23. California Consumer Protection
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Under California Civil Code Section 1789.3, California
subscribers are entitled to the following specific consumer rights information:
the complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
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24. Ethical Statement
The Company reserves the right to deny applications at its
discretion. It will neither build, advertise, host nor post information or
sites including but not limited to pornography, homosexuality, liquor stores,
racist groups, anti-American groups or the like.
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