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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.

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.

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.

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.


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.

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

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. 

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.

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.

12. License Grant

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.

13. Intellectual Property Rights, Copyright and Trademarks

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.

14. Term and Termination

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.

15. Fraud.

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.

16. Exclusion of Warranties

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.

17. Limitation of Liability and Damages

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.

18. Confidentiality

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.

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.

20. Export Control

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.

21. Force Majeure

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.

22. Miscellaneous

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.

23. California Consumer Protection

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.

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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