Welcome to the Grace Church Websites website builder (the “Site”). The Site is operated by Grace Church Websites (“Grace.”)
THE SITE AND THE SERVICES
Qualified Organizations. The Services are exclusively for use by Qualified Organizations that submit an application to use the Services, a “Qualified Organization” is an organization that has obtained 501(c)(3) status from the US Internal Revenue Department as a nonprofit organization exempt from federal income tax. Grace provides the Site and the Services to help Qualified Organizations reduce costs associated with an online presence while benefiting from having an online presence. If you are not seeking to use the Services solely for a Qualified Organization you may not use the Services.
Application to Use the Services. In order to use the Services, Qualified Organization must submit a completed application through the Site. To submit a completed application Qualified Organization must visit Site’s homepage gracechurchwebsites.com and submit all of the information requested on the application form by completing all required fields and clicking “get started” then entering all required details about Qualified Organization and clicking “submit.” Grace will review each application and notify Qualified Organization by email of approval or denial of its application. If approved, the email notice will also include instructions on how to set up an account.
Setting up an Account. In order to use the Services Qualified Organization must set up a Grace Website account. Upon approval of Qualified Organization’s application Grace will create an account for Qualified Organization. The email notice of Qualified Organization’s approval for a Grace Website will include instructions on how to log in to Qualified Organization’s account and complete account setup including establishing a password. Qualified Organization agrees to provide Grace with complete and accurate information when setting up its account. Qualified Organization also agrees to provide Grace with prompt notice of any changes to its account information. Qualified Organization is responsible for keeping its username and password secure and will be solely responsible and liable for any activity that occurs under its username. Qualified Organization agrees to immediately notify Grace of any unauthorized use of its user name.
The Services. Grace will provide Qualified Organization with those services Grace deems necessary for basic maintenance of a website (a “Grace Website”) for Qualified Organization’s use in presenting its services and charitable purpose on the Internet. Specifically, Grace will by itself or will select providers who will, register a website domain name, host the website and manage content on the website. The Services are for Qualified Organization’s use in its non-profit endeavors only and may not be used in connection with any commercial endeavors. Qualified Organization agrees to use the Services in a manner consistent with any and all applicable laws.
Domain Name. Grace will pay for the registration of a domain name for Qualified Organization with Grace’s chosen domain name registrar. The registration will be valid for one (1) year. For each year thereafter, Grace will continue to pay the annual domain name registration fees for the Grace Website so long as Qualified Organization continues to use Grace as the provider for the website platform and Qualified Organization continues to be eligible to use the Service. If Qualified Organization would like to use another provider for the website platform, Qualified Organization must contact Grace at firstname.lastname@example.org and Grace will provide Qualified Organization with instructions on how to complete the steps necessary to use of another service provider and Qualified Organization shall reimburse Grace for the cost of the annual domain name registration fee pro-rated from the date another service provider is responsible for the website platform.
Email Account. Upon approval of Qualified Organization’s application Grace will provide Qualified Organization with a free email account to be associated with their Grace Website. The email address for the account will contain Qualified Organization’s domain name. Grace will automatically create one (1) email address for Qualified Organization. Qualified Organization will be able to use this email address to send and receive email messages. Qualified Organization will also have the opportunity to forward all email from their Grace email address to an existing email account. Qualified Organization’s representative may access the email through webmail at theirchurchdomain.com/webmail. Qualified Organization may request up to four (4) additional email addresses for their Grace Website email account by contacting email@example.com.
Users of a Grace Website issued email account agree to maintain the security of their user name and password, will be solely responsible for any activity associated with their Grace Websites issued email account, and shall immediately notify Grace of any unauthorized use of their email account. Grace will not monitor and is not responsible for the contents of any email messages or attachments sent using Grace Website issued email accounts. Each user of a Grace Website issued email account is responsible for the contents of all such email messages and attachments and warrants that they will not use a Grace Website issued email account to send any email messages to any person who has not given their permission to receive such email messages or to send any email messages or attachments that contain: junk mail or SPAM; any virus, worm, time bomb, or other harmful or malicious code; any material that is harassing, abusive, threatening, harmful, obscene or is otherwise objectionable; any material that encourages conduct that could constitute a criminal offense, give rise to civil liability; or any material that violates any applicable local, state, or federal law or regulation. Qualified Organization warrants that it will comply with the requirements in this paragraph and that it will inform all users of its Grace Website issued email accounts that they must comply with the requirements in this paragraph.
Qualified Organization agrees to keep its Grace Website content up-to-date and that its Grace Website content will not defame any person or entity or violate the privacy rights, publicity rights, copyright, contract, intellectual property rights, or any other rights of any person, or result in a breach of any contract between Qualified Organization and a third party.
Qualified Organization also agrees not post any prohibited content on the Grace Website. Prohibited content includes, but is not limited to, content that, in the sole discretion of Grace:
- is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of a person;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under 13;
- publicly posts information that poses or creates a privacy or security risk to any person;
- promotes information that Qualified Organization knows or should know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- involves commercial activities without prior written consent from Grace such as contests, sweepstakes, advertising, or pyramid schemes.
Qualified Organization also agrees to obtain any necessary permissions or licenses required for use of any images prior to posting any images on its Grace Website. In the event that use of any content posted by Qualified Organization on the Grace Website requires payment of any fees or any kind, Qualified Organization agrees to pay all such fees. Grace will have no responsibility for fees of any kind related to Qualified Organization’s posted content.
Qualified Organization grants Grace a worldwide, royalty-free, and non-exclusive license to use, modify, copy and store Qualified Organization’s Grace Website content, only to the extent necessary to provide the Services. This license does not give Grace any rights to Qualified Organization’s content, other than as needed to operate provide Services for the Grace Website, Qualified Organization owns all of its content. Qualified Organization represents and warrants that it owns the content it has posted on its Grace Website or that it otherwise has obtained the right to grant the license set forth in this section.
Email from Grace and Required Content on Grace Websites. Qualified Organization understands and agrees that as a condition of receiving the Services:
Qualified Organization agrees to receive email messages from Grace. Such email messages will include information about news and upcoming events in Qualified Organization’s geographical area and which is in some way relevant to such news or events whether sent by Grace, such emails may be sent on behalf of Grace or on behalf of other organizations.
Qualified Organization will collect email addresses on Qualified Organization’s Grace Website from website users who are interested in receiving information from Organization. Qualified Organization will have the ability to email the users who signed up directly. Qualified Organization will provide Grace with this list and Grace will have the ability to send promotional emails those users. Grace may also add Qualified Organization’s Grace Website users to Grace’s affiliates’ weekly mailing list to be informed of upcoming live events and other community information that may be important in the users’ community. Organization’s users can opt out of these emails at any time by contacting firstname.lastname@example.org.
Termination or Suspension. Grace reserves the right, in its sole discretion, to restrict, suspend, or terminate Qualified Organization’s access to the Site or the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Without limiting the foregoing, Grace expressly reserves the right to remove Qualified Organization’s Grace Website and/or restrict, suspend, or terminate Qualified Organization’s access to any part of the Grace Website or the Services if Grace determines, in its sole discretion that Qualified Organization has violated this Agreement or poses a threat to Grace and/or the users of the Site or the Services.
Organization’s Homepage Content. When designing the content of its Grace Website homepage, Qualified Organization will be able to select images from an image library licensed by Grace solely for use on the Grace Websites. Qualified Organization may use the images from the image library on their Grace Website and not for any other purpose, upon termination of the Services Qualified Organization must stop using those images.
Grace is excited to have its own blog with postings with information and news related to religious organizations. Qualified Organization agrees that Grace may display an excerpt from the latest blog post on Qualified Organization’s Grace Website homepage.
Renewal of the Service. Qualified Organizations Active Site Date will be the date the Grace website is registered with the domain name registrar, Grace will provide this information to Qualified Organization in an email after Qualified Organization has completed its account set-up. Unless Qualified Organization notifies Grace at least thirty (30) days before the anniversary of its Active Site Date that Qualified Organization wants to cancel the Service, Grace will automatically continue providing the Services. Qualified Organization may cancel the Services by sending an email to: email@example.com.
Donate Link. A Donate” link will be displayed on Qualified Organization’s Grace Website. This link will take Qualified Organization’s users to a third party website which will collect such user’s information in order to process any donations by Paypal account or by sending a check by mail to the address provided. Grace provides the link to this third party website merely as a convenience. Grace does not own and has no control over this third party websites. Neither Grace nor its parents, subsidiaries, and affiliates and their respective employees, agents, partners, directors, officers and shareholders shall be in any way responsible for any liability arising out of Qualified Organization’s or its users’ use of this third party’s website or services. Grace encourages Qualified Organization to read and understand all policies associated with the use of such third party websites and services prior to use.
NO WARRANTIES. GRACE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE OR THE SERVICES OR ANY GRACE WEBSITE RESULTING THEREFROM. THE SITE AND THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS, FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY. Qualified Organization agrees to release Grace, its parent and affiliates and their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from Qualified Organization’s use of the Services or the Site whether caused by users of the Services or third party providers assisting Grace in providing the Site or the Services or by any of the equipment used for providing the Site or the Services.
UNDER NO CIRCUMSTANCES SHALL GRACE OR ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE TO QUALIFIED ORGANIZATION OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM QUALIFIED ORGANIZATION’S OR ANY OTHER PARTY’S USE OF THE SITE OR THE SERVICES, EVEN IF GRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF QUALIFIED ORGANIZATION IS DISSATISFIED WITH THE SITE OR SERVICES, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, QUALIFIED ORGANIZATION’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
INDEMNITY. Qualified Organization agrees to defend, indemnify and hold Grace, its parents, subsidiaries, and affiliates and their respective employees, agents, partners, directors, officers and shareholders, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Qualified Organization’s use of the Site or the Services and/or arising from a breach of the Agreement.
COPYRIGHT INFRINGEMENT. If a visitor to this Site believes that the Services or any material on this Site or infringes its copyright, such visitor should notify Gracechurchwebsites.com of its copyright infringement claim, to do so the visitor will need to send a written or electronic communication that includes all of the following, as required by Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has allegedly been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. *Please provide the URL(s) for the allegedly infringing material in the body of the email or letter, as this will help Grace to identify the potentially infringing material.
- Contact information of the complainant.
- A statement that the complainant has a good faith belief that use of the material in the manner complained of is a copyright violation.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of material that has allegedly been infringed.
Notice of copyright infringement should be mailed or emailed to Grace’s designated agent at:
Grace Church Websites
75 Gerber Road East, Suite 100
South Windsor, CT 06074
And note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
GOVERNING LAW AND DISPUTES. The Agreement shall be governed by, and construed in accordance with the laws of Connecticut without regard to its conflict of law provisions. Except for disputes related to payment obligations and intellectual property claims, which shall be submitted to and resolved exclusively by the state and federal courts located in Hartford County, Connecticut, the parties consent to the following dispute resolution process: the parties will first make a good faith attempt to resolve the dispute through negotiations between a director, officer or other designated representative of each party with the authority to settle the dispute. If the dispute cannot be settled by such negotiations within fourteen (14) days from the date on which the allegedly aggrieved party notified the other party of the dispute, the allegedly aggrieved party shall submit the dispute for binding arbitration in Hartford County, Connecticut. Binding arbitration shall be administered in accordance with the mediation and arbitration rules of the American Arbitration Association (“AAA”). The parties shall both participate in the selection of the sole arbitrator; provided, however, that if the parties are unable to agree upon an arbitrator within fifteen (15) days after either party has notified the other of an unreconciled dispute then the arbitrator will be appointed by the AAA. Any award issued through the arbitration is enforceable in any court of competent jurisdiction. The prevailing party in such proceeding shall be entitled to receive its reasonable attorneys’ fees, expert witness fees and out-of-pocket costs incurred in connection with such proceeding.
MISCELLANEOUS. The Agreement constitutes the entire understanding between Grace and Qualified Organization concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Qualified Organization may assign its rights hereunder to any Qualified Organization that consents to, and agrees to be bound by, its terms and conditions; Grace may assign its rights under this Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement. Grace will provide any notice to Qualified Organization by using the email address Qualified Organization submits to Grace as its designated contact for its Grace Website. Qualified Organization shall submit any notice to Grace at the following address: Grace Church Websites, c/o TicketNetwork Inc., 75 Gerber Road East, Suite 100, South Windsor, CT 06074. Grace’s failure to enforce any part of the Agreement shall not constitute a waiver of Grace’s right to later enforce that or any other part of the Agreement. In order for any waiver of compliance with the Agreement to be binding, Grace must provide Qualified Organization with written notice of such waiver through its authorized representative. The provisions of the Agreement which by their nature are intended to survive termination shall survive any termination of the Agreement.
Effective Date: January 1, 2016