GOB2M – TERM OF SERVICE -‐ 042515 WARRIOR’S MINISTRY, s.s.m. / GoBrick2Mobile.com Website TERMS OF SERVICE Effective December 5, 2011 GoBrick2Mobile TERMS OF SERVICE WARRIOR’S MINISTRY s.s.m. / GoBrick2Mobile, a/k/a GoB2M and GoBrick2Mobile.com hereinafter referred as GoB2M the “otherwise”, is a private/un-‐incorporated membership association known as a church ministry/social platform wholly managed by GoB2M leadership and does NOT practice law or give legal advice. The following describes the Term of Service Conditions hereinafter “TOS” of use for GoBrick2Mobile.com website known as GoB2M. GoB2M reserves ALL of our Rights under GOD, without Prejudice, and without Recourse. Definition -‐ “Customer” [you, on behalf of yourself, your heirs, executors, administrators, and assignees] When becoming a Customer of GoBrick2Mobile, you agree and accept all TOS. GoB2M and its affiliates provide Internet-‐related services to users of GoB2M’s services (“Customer”). GoB2M reserves the right, at its sole discretion, with or without notice, to suspend or terminate service provided to any Customer if the Customer, or any person using the Customer’s services or facilities under contract with Customer, directly or indirectly: a) Violates the rules, regulations and TOS applicable to any network, server, computer database, web site or newsgroup that such person’s accesses; b) Sends unsolicited bulk mail messages to any other person; c) Mail-‐bombs (i.e. sends mass amounts of e-‐mail or other data to) a person or system, with the purpose or effect of impeding the functionality of, or totally disabling the recipient system; d) Posts ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-‐mail mailing lists or other similar groups or lists; e) Posts on any Usenet or other newsgroup, forum, e-‐mail mailing list or other similar group or list articles, which are off-‐topic according to the charter or other owner-‐ published FAQ or description of the group or list; f) Uses services in a manner, which constitutes a violation of any federal, state, local or international law, regulation, treaty or tariff (including without limitation civil and criminal law, state common law and administrative or judicial rulings); g) Uses services in a manner, which is intended to abuse or to violate the privacy or property rights of others; h) Uses services to attempt to break security, or in fact, to break security of any computer network, or to access an account, which does not belong to such person;
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GOB2M – TERM OF SERVICE -‐ 042515 i) Forges e-‐mail headers, or employs any other methods in connection with the transmission of e-‐mail used to disguise any user name or the source or quantity of transmissions; j) Without authority, relays e-‐mail through any third-‐party systems. GoB2M services may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes but is not limited to copyrighted material, material legally judged to be threatening or obscene, or materials protected by trade secret. Customer must immediately notify GoB2M of any unauthorized use of an account, and/or any breach, or attempted breach, of security known to Customer. GoB2M cooperates fully with federal and state enforcement officials investigating unlawful behavior on GoB2M’s system, and Customers are required to do the same. GoB2M may elect, at its sole discretion, to monitor any or all of the traffic routed through GoB2M’s system. GoB2M reserves the right to block e-‐mail communication, including, but not limited to, the right to block mass e-‐mail solicitations. Nothing contained in this TOS shall be construed to limit GoB2M’s actions or remedies in any way with respect to any of the foregoing activities, and GoB2M reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the GoB2M service and levying cancellation charges to cover GoB2M costs in the event of termination for the causes outlined above. In addition, GoB2M reserves at all times, all rights and remedies available to it with respect to such activities at law or in equity. Violations of this TOS shall be reported to, by email, GoB2M -‐
[email protected] (mail to:
[email protected]). Discount Rates - When a Customer asks for discounted rates, GoB2M has the right to determine timeline of project. Customer relinquishes and waives any rights to dictate or ask for determined amount of time for completion of job. Customers that receive a discount relinquish and waive any right to receive a refund of work performed by GoB2M. GoB2M has the right to change fees of service without notice. GoB2M has the right to negotiate any fees at its sole discretion. It is GoB2M standard TOS to receive a deposit before work commences of 50%. Customer has the right to pay balance of project in full at the completion of work, or contract unless otherwise noted in contract. Late Payments -‐ Any and all payments not received on the 1st of each month is considered late (unless stated on invoice). A late fee may be charged by GoB2M if payment has not been received within 10 days, client's site, and email are subject to be disconnected. Once this occurs, and client wishes to continue service with GoB2M, a "Reconnect" fee will be applied. Late and Reconnect fees may change at anytime at the discretion of GoB2M. Late and Reconnect fees may be waived at the discretion of GoB2M Owner. If client wishes to discontinue using GoB2M for hosting/internet services, balance of owed money shall be paid in full before site is released.
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GOB2M – TERM OF SERVICE -‐ 042515 Note: Once a site has been removed from GoB2M, all email will be deleted according to Internet rules and regulations. Emails / Lost Emails - GoB2M is NOT responsible for lost emails. Sometimes, servers crash, and it is out of our control. This is the reason program such as Outlook, Thunder, and others, were created. Unless you have your own internal server that captures all your emails from our server, and then distributes them to you, there is no guarantee that emails can be recovered. We strongly recommend, if you do not have your own internal email server, you set up your emails as POP, NOT IMAP. If for any reason, our server crashes, you may lose all your emails. Zero Tolerance Spam TOS - We take a zero tolerance stance against sending of unsolicited e-‐ mail, bulk emailing, and spam. Safe lists and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Refund Policies a) Web Design Refund -‐We will work with you until you are satisfied with the design, within reason according to California State guides of reason. Once you approve the work to date, refund TOS is withdrawn. An approval can be verbal or written via an email. If at any time during the design period you are unhappy with our work before the approval, you are entitled to a full refund minus a $300.00 consultation/administrative fee and domain name registration fee (if applicable). b) Hosting Refund -‐ If, during the first 30 days of service, you are unhappy with our Web Hosting Service, you will receive a 100% refund, minus the domain name registration fee (if applicable). There are no long-‐term commitments for our web hosting unless stated in your contract. Since hosting is based on a monthly period, you are free to cancel at anytime and no refund will be given for, and during, the month you are cancelling. We guarantee that your site will be up 99.9% of the time we host it. This guarantee includes both network and server failures. If your site is not up 99.9% in any one month we will issue a full refund for that particular month, if requested. c) Domain Name Registration Refund -‐ Domain names are $25.00/year. They are NOT refundable. Due to Internet Corporation for Assigned Names and Numbers (ICANN) TOS we are unable to receive refunds from our provider. Therefore, in the event that we have registered a domain in your name under a promotion, you will be refunded what you paid minus the domain name registration fee. Content -‐ All services provided by GoB2M may only be used for lawful purposes. The laws of the State of California, and the United States of America apply. The Customer agrees to indemnify and hold harmless GoB2M from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes, but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s
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GOB2M – TERM OF SERVICE -‐ 042515 copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws would be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email us with the information required. If the request is of a licensing issue, we may require further documentation. GoB2M reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at email us and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. If child pornography is found at anytime with the root folder of a Customer's website, site will be suspended immediately without notice, and will be reported to the appropriate law enforcement agency. All Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. Refuse Service -‐ GoB2M holds the right to refuse service to anyone, or terminate service at anytime without reason. A refund may be given to Customer, depending on what stage the project is in, and how much work GoB2M has put into project. Backups and Data Loss -‐ Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. GoB2M is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on GoB2M servers. Disclaimer -‐ GoB2M shall not be responsible for any damages your business may suffer. GoB2M makes no warranties of any kind, expressed or implied for services we provide. GoB2M disclaims
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GOB2M – TERM OF SERVICE -‐ 042515 any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by GoB2M and its employees. GoB2M does not take the responsibility of a Customer that does not provide adequate material and content for Customer website. All material and content given to GoB2M becomes the sole property of GoB2M. It is encouraged to make a copy of the original. GoB2M is not responsible to return, or the loss of, any material or content given to GoB2M by Customer. Material and Content are, and not limited to, CDs, Thumb Drives, Photo, DVD, and any and all Papers. Disclosure to Law Enforcement -‐ GoB2M may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. Pricing -‐ GoB2M reserve the right to correct any error or omission made for any offer. Changes to Terms of Service -‐ GoB2M reserve the right to revise its TOS at any time without notice. All TOS of GoB2M apply to any and all Customers, whether verbal or written. Release Of GoB2M And/or Assignees – In consideration of GoB2M and/or assignees allowing you to participate as a Customer hereby elect the following RELEASE provisions: Covenant Not To Sue - You agree NOT to institute, initiate, or assist the prosecution of any suit, claim or action at law or equity, or otherwise against GoB2M and/or assignees for damages that you or your heirs, executors, administrators, or assignees hereafter may have arising from or in any way related to being a Customer. This release from liability includes loss, damage, or injury resulting from the negligence of GoB2M and/or assignees from any other cause or causes. Indemnity – Customer agrees to indemnify and hold harmless GoB2M and/or assignees from any and all losses, claims, actions, or proceedings of any kind which may be initiated by yourself and/or any other person or organization on your behalf against GoB2M and/or assignees. This indemnification includes reimbursement of all legal costs and reasonable “legal” fees incurred by GoB2M and/or, to defend any such actions. Waiver Of Punitive Damages – Customer understands and agrees that you are waiving and forever abandoning any claims for punitive or exemplary damages against GoB2M and/or assignees. Customer voluntarily chooses to give up this Right. Mediation – Customer agrees that any controversy claim against GoB2M and/or assignees not released herein, arising out of or relating to your participation as a Customer, shall be settled by private men of God in accordance with the HOLY Bible, and not by lawsuit or resort to any court process in any jurisdiction. This shall apply to all claims including allegations that there have been wrongful acts or omissions by GoB2M and/or assignees either intentionally or otherwise. By agreeing to these TOS, you are agreeing that any issue or claim arising out of your participation as a Customer shall be decided by neutral private mediation. You are giving up your Right to a trial by a Jury or Judge.
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GOB2M – TERM OF SERVICE -‐ 042515 Agreement Ratification: Governing Law – Customer understands that this Agreement shall be construed and governed by the laws of the de-‐jure California state Republic assembly, without the United States (Title 28 Section 3002) or STATE OF CALIFORNIA (Federal Governments(s)) and that this agreement cannot be modified unless in writing and signed by both parties. Entire Agreement – Customer understands that this Agreement contains all the promises and agreements between the parties with regard to the release of GoB2M and/or GoB2M assigns and you acknowledge there are no oral or written promises or agreements outside of this Agreement regarding the release of GoB2M and/or his assignees. Binding – You hereby expressly recognize that this Agreement is binding. You have released any and all claims against the indemnified parties resulting from your participation as a Customer, including any claims caused by the negligence of the indemnified parties. YOU HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. YOU CERTIFY THAT YOUR ARE 18 YEARS OF AGE OR OLDER, AND ACCEPT THIS AGREEMENT OF YOUR OWN FREE WILL. YOU RESERVE ALL YOUR RIGHTS NOT GIVEN UP AND AGREED UPON IN THIS TOS/AGREEMENT.
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