of Service Agreement
Description of Services
FaithNames will provide the Customer with a capability to send and receive electronic mail (“email”) through the Web via the SMTP, POP3 and IMAP4 protocols though a local email client on their desktop and to access their mail via the Internet and a Web Browser (“Email Services”). FaithNames acknowledges that Customer has selected a specific package of Email Services and will provide only those Email Services that Customer has selected to receive. Customer acknowledges that extra storage and other features may be available on an upgrade basis. FaithNames is not responsible for providing Customer’s access to the Internet or paying for such services. FaithNames is not responsible for providing any equipment necessary for Customer to make a connection to the Internet, including but not limited to computers and modems.
If any information provided by the Customer is false or inaccurate, FaithNames retains the right, at its sole discretion, to terminate the Customer’s right to use the Email Services.
In Case of Modifications to Terms of Service
FaithNames may modify this Agreement at any time, at which point notices will be sent to the Customer using any of the contact methods provided by Customer. The Customer’s continued use of the Email Services for twenty-four (24) hours after notice of the modification is dispatched will constitute an affirmative acknowledgement by the Customer of the Agreement and its modifications as well as an agreement to abide by such terms.
Period of Performance
This Agreement and Customer’s use of the Email Services shall become effective on the date the order is submitted by Customer to FaithNames (“Effective Date”). The Period of Performance of this Agreement shall commence on the Effective Date and shall continue for a period as selected by the Customer during the ordering process (“Initial Period”). Thereafter, this Agreement shall automatically renew for additional like periods (“Renewal Periods”) on the same terms and conditions as herein agreed, as may be amended from time to time, unless and until either party provides the other party with written or electronic notice of termination at least thirty (30) days prior to the end of the Initial Period, or any Renewal Period.
Service Fees for each Renewal Period (“Renewal Fees”) will be invoiced thirty (30) days prior to the commencement of the Renewal Period. The Renewal Fees will be due in full one (1) day prior to the commencement of the Renewal Period, and will automatically be debited from the Customer’s credit card prior to that date, unless other payment arrangements are made between the Customer and FaithNames.
Termination and Non-Renewal
Upon termination or non-renewal of service, Customer agrees that FaithNames shall no longer support Customer’s Email Services and shall no longer be required to store any of Customer’s data. In the event of termination or non-renewal of service, FaithNames may delete all of Customer’s information and email.
Understanding for Termination
The Customer agrees that FaithNames may terminate the Customer’s use of Email Services if it believes, in its sole discretion, that the Customer has violated or acted inconsistently with the letter or spirit of this Agreement, or that the Customer has violated the rights of FaithNames or other Customers or parties.
FaithNames may also terminate the Customer’s use of the Email Services if Customer’s payment for any Service Fee or Renewal Fee is returned for insufficient funds, rejected by bank card processing services, or otherwise any situation in which the Email Services provided by FaithNames remains unpaid after its due date (“Overdue Balance”). In a situation where Customer has an Overdue Balance, FaithNames will make a reasonable effort to contact Customer using the contact methods previously provided by the Customer, in order to obtain full payment for the Overdue Balance, before terminating Customer’s use of the Email Services.
Email Message Filtering
FaithNames may optionally provide filtering of email messages that pass through the provider’s network for the purposes of identifying Spam, known viruses and other disruptive content (collectively “Junk Email”). FaithNames makes reasonable efforts to accurately identify Junk Email, however Customer acknowledges and agrees that it is not possible to identify such content with 100% accuracy and that FaithNames is not obligated to do so. FaithNames does not guarantee that it will identify and block all of the Junk Email that Customer receives through the use of the Email Services, nor does FaithNames guarantee that the emails that are identified or blocked by the filtering software truly contain Junk Email content. Customer acknowledges that it is a “best practice” to run a desktop virus scanner and firewall on computers that are connected to the Internet as a secondary line of defense in case such content is not blocked by the email message filters and to reduce the risk of Customer’s systems being infected by viruses that spread via other methods besides email.
Customer agrees to and understands the risks associated with using the Email Services and receiving and transmitting email messages via the Internet. Customer agrees to hold harmless and indemnify FaithNames from and against any liabilities, damages, losses, costs and expenses, including attorney’s fees, of every kind and nature, caused by or arising out of claims based upon the receipt, transmission or loss of any content.
Email Message Storage
The Email Services have a fixed storage limit per mailbox, which upon request can be upgraded for a fee. Email messages when received may not be stored if the size of such email would put the destination mailbox over its storage limit. It is Customer’s responsibility to monitor the size of its mailbox(es) in order to prevent it from reaching its storage limit. FaithNames assumes no responsibility for the deletion of or failure to store email messages.
Data Backup and Restore Policy
Customer’s email messages are backed up to separate storage systems daily for the purpose of recovering from errors or system failure (“Data Backups”). The Data Backups consist of a snapshot of the contents within each mailbox at a specific moment in time. The Data Backups may not store every email that is transferred or received using the Email Service, but rather it stores a copy of the email messages that exist within each mailbox during the time the Data Backups are processed each day. Copies of the email messages may remain in the Data Backups for approximately two (2) weeks, even after Customer deletes the email messages from their mailbox or after termination of Email Services.
This section describes Customer’s additional responsibilities under this Agreement.
1) Customer is solely responsible for Content, including any subsequent changes or updates made or authorized by Customer. Customer represents and warrants that content: (a) will not infringe or violate the rights of any third party including, but not limited to, intellectual property, privacy or publicity rights of others; (b) is not abusive, profane or offensive to a reasonable person; or (c) will not be hateful or threatening. Violations of the foregoing by Customer may result in early termination of services by FaithNames at FaithNames’s sole discretion.
2) Customer is solely responsible for the content of its transmissions and the transmissions of third parties accessing the Email Services through the Customer. Customer agrees to comply with U.S. law with regard to the transmission of technical data, which is exported from the United States through the Email Services. Customer further agrees not to use the Email Services (a) for illegal purposes or (b) to interfere with or disrupt other network clients, network services or network equipment. Interference or disruptions include, but are not limited to, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, and use of the network to make unauthorized entry to any other machine accessible via the network. Violations of the foregoing by Customer may result in early termination of services by FaithNames at FaithNames’s sole discretion.
Acceptable Use Policy
FaithNames and Customer will adhere to the Acceptable Use Policy with respect to the use of the Email Services.
Notwithstanding anything to the contrary stated herein, FaithNames maintains all rights, titles and interest in the Email Services and Customer may not claim ownership of or use the Email Services in a resale capacity or allow access to the Email Services by any third parties.
FaithNames reserves all rights to use the Email Services in whatever manner it chooses, including for other FaithNames Customers.
Disclaimer of Warranties
THE CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
FAITHNAMES 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.
NEITHER FAITHNAMES NOR ANY OF ITS BUSINESS AFFILIATES (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH THE CUSTOMER BECAME A CUSTOMER OF THE SERVICE) MAKES ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FAITHNAMES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
THE CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE CUSTOMERS’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NEITHER FAITHNAMES NOR ANY OF ITS BUSINESS AFFILIATES (INCLUDING ANY SUCH AFFILIATE THROUGH WHICH THE CUSTOMER BECAME A CUSTOMER OF THE SERVICE) MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM FAITHNAMES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
NEITHER FAITHNAMES NOR ANY OF ITS BUSINESS AFFILIATES (INCLUDING ANY SUCH AFFILIATE THROUGH WHICH THE CUSTOMER BECAME A CUSTOMER OF THE SERVICE) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF FAITHNAMES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
No Resale or Profiteering of the Service
Although a Customer may choose to register multiple accounts, any account of the Customer is understood as a standalone single account. The Customer may choose whether the account shall be used for personal or corporate purposes. However, the Customer agrees not to resell or make any commercial use (leasing or selling of accounts) of Email Services, without the express prior written consent of FaithNames.
The Customer agrees to defend, indemnify and hold harmless FaithNames, its employees, directors, officers, agents and business affiliates (including any such affiliate through which Customer became a Customer of the Service), and their respective successors and assignees from, and against, any and all liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of Customer’s account or the content contained in any email that has been sent or received through the Email Services, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and any infringement of intellectual property or other rights.
Right to Set-Off
If, under this Agreement, FaithNames becomes obligated or liable to pay money to Customer, that sum may at the election of FaithNames, and without limiting or waiving any right or remedy against Customer, be set-off against and applied to any amounts which are due and owing by Customer to FaithNames until such amount has been completely set-off.
This Agreement comprises the entire Agreement between Customer and FaithNames and supercedes any and all prior agreements between the parties regarding the subject matter contained herein.
Failure of FaithNames to insist upon strict performance of any of the Terms of Service contained herein shall not be deemed a waiver of any right or remedy that FaithNames shall have in respect thereof, and shall not be deemed a waiver of any subsequent default in performance of the Terms of Service.
Provision of Notice
All notices to a party shall be in writing and shall be made either through email or conventional mail. FaithNames may broadcast notices or messages through the service to inform Customers of changes to this Agreement, the service, or other matters of importance; such broadcasts shall constitute notice to the Customers.
The Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA, excluding that body of law known as conflicts of laws and the United Nations Convention on Contracts for the Sale of Goods. The Customer and FaithNames agree to submit to the exclusive jurisdiction of the courts of the State of Texas, USA. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. FaithNames’s failure to act with respect to a breach by the Customer or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the Customer and FaithNames.
consents and agrees that FaithNames may access, preserve, and disclose
Customer account information and content if required to do so by law
or in 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 FaithNames,
its users and the public.
"New Revised Standard Version Bible, copyright 1989, Division of Christian Education of the National Council of the Churches of Christ in the United States of America. Used by permission. All rights reserved."
Scripture quotations marked "NKJV™" are taken from the New King James Version®. Copyright © 1982 by Thomas Nelson, Inc. Used by permission. All rights reserved.
Verses marked "WEB" are from the World English Bible and are in the public domain