Churchhand - it's all about people

TERMS OF SERVICE

 

Welcome to the web site, www.churchhand.com, provided by Nine Oaks Technology, Inc. (“Nine Oaks”).  Nine Oaks provides the service contained in or on this Site to you, subject to the policies, terms and conditions contained in these Terms of Service, which may be amended by Nine Oaks from time to time without advance notice to you. You can review the current version of the TOS at any time by accessing this Web page.

 

Section 1 – Certain General Definitions. The following definitions are applicable to this TOS:

 

“Authorized User” means an individual who is member of or other person affiliated with a Subscriber who has been issued a login name by the Subscriber in order to use and access the Site.

 

“Site” includes www.churchhand.com in its entirety and its related sites owned or operated by Nine Oaks, and includes their Content, Service and Software.

 

“Subscriber” means the individual, business, institution or other affiliation of persons subscribing to the Site to enable it and its Authorized Users to use and access to the Site.

 

“TOS” means this Terms of Service Agreement.

 

“You” or “your” means a Subscriber and/or an Authorized User as appropriate in the context so used.

 

Other words may be defined herein and shall have the meaning subscribed thereto.

 

Section 2 – Services. The Site provides Subscribers with access to an Internet based compilation of resources for the collection, management and sharing of information relating to their members, affiliates or other Authorized Users (the “Service”). You understand and agree that the Site may include certain communications from Nine Oaks, such as service announcements and administrative messages and that said communications are part of the subscription for services. Unless explicitly provided otherwise, any new features that augment or enhance the current Site shall be subject to the TOS. You may use this Site only for lawful purposes within the stated context of Nine Oaks’ intended and acceptable use of the Site. Nine Oaks is and shall be the sole interpreter of the Site’s intended and acceptable use.

 

You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.

 

Section 3 – Registration. In consideration of your access to and use of the Site, you represent that you are of legal age and have full authority of the institution, if any, on behalf of whom your are acting to form a legal and binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself and the institution, if any, on behalf of whom your are acting as prompted by the Site’s registration form or any other registration form for the Site (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nine Oaks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nine Oaks has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

Section 4 – Accounts. Subscribers will receive a church code and login name designation upon completing the registration process for the Site. Upon registration for the Site, Subscribers will be permitted to assign login names to Authorized Users to access the Site under the Subscribers designated church code. Subscribers and Authorized Users are responsible for maintaining the confidentiality of the designated church code, login names and passwords, and are fully responsible for all activities that occur thereunder. You agree to (a) immediately notify Nine Oaks of any unauthorized use of your church code login names, and/or passwords or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nine Oaks cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

 

Section 5 – Conduct of Subscribers and Authorized Users. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Nine Oaks, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Nine Oaks does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Nine Oaks be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

 

You agree to not use the Site to:

 

a.         upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b.         harm minors in any way;

c.         impersonate any person or entity, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d.         forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;

e.         upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f.          upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g.         upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

h.         upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i.          interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

j.          intentionally or unintentionally violate any applicable local, state, national or international law and/or any regulations having the force of law; or

k.         "stalk" or otherwise harass another.

 

You acknowledge that Nine Oaks may not pre-screen Content, but that Nine Oaks and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Site. Without limiting the foregoing, Nine Oaks and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable as determined in the sole discretion of Nine Oaks. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Nine Oaks or submitted to Nine Oaks.

 

You acknowledge, consent and agree that Nine Oaks may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Nine Oaks, the Software, the Site, its users and the public.

 

You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Nine Oaks and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

 

Section 6 – Content on the Site. Nine Oaks does not claim ownership of Content you submit or make available for inclusion on the Site. However, with respect to Content you submit or make available for inclusion on the Site, you grant Nine Oaks the following world-wide, royalty free and non-exclusive license(s), as applicable:

 

a.         With respect to Content you submit or make available for inclusion on the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site solely for the purposes of providing and promoting the specific group(s) to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Site and will terminate at the time you remove or Nine Oaks removes such Content from the Site.

b.         With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on the Site, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

 

Section 7 – Indemnity. You agree to indemnify and hold Nine Oaks, and its subsidiaries, affiliates, officers, agents, shareholders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.

 

Section 8 – No Resale of Service. You agree that your account for and ability to use and access the Site is non-transferable and you further agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site (including your church code, login names and/or passwords), use of the Site, or access to the Site.

 

Section 9 – Use and Storage. You acknowledge that Nine Oaks may establish general practices and limits concerning use of and access to the Site, including, without limitation, the maximum number of days uploaded Content will be retained on the Site, the maximum disk space that will be allotted on Nine Oaks' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Nine Oaks has no responsibility or liability for the deletion or failure to store any information or other Content maintained or transmitted by or through the Site. You acknowledge that Nine Oaks reserves the right to suspend and/or close accounts that are inactive for an extended period of time or that are not paid in full when due. You further acknowledge that Nine Oaks reserves the right to modify these general practices and limits from time to time.

 

Section 10 – Modification of Service. Nine Oaks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Nine Oaks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 

Section 11 – Termination. You agree that Nine Oaks may, under certain circumstances and without prior notice, immediately terminate your account and access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and (g) failure of a Subscriber to remit payments, in full, for the access to the Site when due. Termination of your account includes (a) removal of access to all offerings within the Site (b) deletion of your church code, login names and passwords and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Site. Further, you agree that all terminations for cause shall be made in Nine Oaks’ sole discretion and that Nine Oaks shall not be liable to you or any third-party for any termination of your account, denial of access to the Site, deletion of any Content or other information submitted by you.

 

Section 12 – Cancellation and Refund Policy. You may at any time request cancellation of your account and all access to the Site.  For accounts which are paid monthly,  subscriber-initiated cancellations will be effective immediately and Nine Oaks will issue a refund of the monthly subscription payment if cancellation is requested within 24 hours after the payment is received. For pre-paid annual accounts, subscriber-initiated cancellations will be effective following the end of the monthly billing period in which cancellation is requested and Nine Oaks will issue a refund for any pre-paid subscription services extending beyond the cancellation effective date.  Nine Oaks reserves the right to assess a processing fee of up to 10% of the pre-paid amount for all cancellations for which a refund is due.

 

Section 13 – Dealings with Others. Your correspondence or business dealings with, or participation in promotions of, persons, third parties, organizations, business or other enterprises, whether operated for profit or otherwise, that may be found on or through the Site, including donations, gifts, payments and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such persons, third parties, organizations, businesses or other enterprises. You agree that Nine Oaks shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of their presence on the Site.

 

Section 14 – Links. The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Nine Oaks has no control over such sites and resources, you acknowledge and agree that Nine Oaks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Nine Oaks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

Section 15 – Proprietary Rights of Nine Oaks. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Nine Oaks or owners of other proprietary or information accessible through the Site, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

 

Nine Oaks grants you a limited, personal, non-transferable and non-exclusive right and license to use and access the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Nine Oaks for use in accessing the Site.

 

Section 16 – DISCLAIMER OF WARRANTIES.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

a.         YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINE OAKS EXPRESSLY DISCLAIMS 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.         NINE OAKS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.         ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.         NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NINE OAKS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e.         A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

Section 17 – LIMITATION OF LIABILITY.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NINE OAKS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NINE OAKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. THIS LIMITATIONS CONTAINED IN THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Section 18 – Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

 

Section 19 – Notice. Nine Oaks may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Site.

 

Section 20 – Copyright or Intellectual Property Infringement Claims. Nine Oaks respects the intellectual property of others, and we ask our users to do the same. Nine Oaks may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Nine Oaks’ Copyright Agent the following information:

a.         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.         a description of the copyrighted work or other intellectual property that you claim has been infringed;

c.         a description of where the material that you claim is infringing is located on the site;

d.         your address, telephone number, and email address;

e.         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f.          a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Nine Oaks’ Agent for Notice of copyright or other intellectual property infringement claims can be reached as follows:

 

By mail:
Nine Oaks Technology, Inc.
705 Sandpoint Road
Mead, Oklahoma 73449
By Phone: (580) 920-9195
By e-mail:

 

Section 21 – Miscellaneous.

 

Binding Agreement. The TOS (as it may be amended from time to time) forms a binding agreement between you and Nine Oaks. Your access to or use of the Site and/or placement of an order for Service via the Site indicates your acceptance of the policies, terms and conditions contained herein.

 

Entire Agreement. The TOS and any agreement relating to payment for use of and access to the Site constitute the entire agreement between you and Nine Oaks and govern your use of and access to the Site, superceding any prior agreements between you and Nine Oaks.

 

Choice of Law and Forum. The TOS and the relationship between you and Nine Oaks shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You and Nine Oaks agree to submit to the personal and exclusive jurisdiction of the courts located within the Bryan County, Oklahoma.

 

Waiver and Severability of Terms. The failure of Nine Oaks to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Headings. The headings and or section titles in the TOS are for convenience only and have no legal or contractual effect.


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