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TERMS OF SERVICE AGREEMENT
Terms and Conditions
POLICY AND SERVICE GUIDELINES
Please note that your use of the Proverbs31Pulishers.com
site (the "Site") constitutes your
unconditional agreement to follow and be
bound by these Terms and Conditions in its
entirety. Although you may "bookmark"
a particular portion of this Site, bypassing
this Agreement, your use of this Site still
binds you to these Terms and Conditions.
Proverbs31Pulishers.com reserves the right
to update or modify these Terms and Conditions
at any time without prior notice to you.
Your use of the Site following any such change
constitutes your unconditional agreement
to follow and be bound by these Terms and
Conditions as changed. All account holders,
visitors, users, and clients regardless if
the order was placed online, by telephone,
or in person by a Proverbs 31 Publishers
representative are bound by these terms and
conditions. These terms and conditions supersede
any statements made through email, chat session,
telephone or contact of any kind with any
Proverbs31 Publishers personnel/representative.
This Registration Agreement also sets forth
the terms and conditions of your use of Proverbs31
Publishers to register a domain name on the
Internet. For this reason, we encourage you
to review these Terms and Conditions whenever
you use this Site.
Entire Agreement
These Terms and Conditions, together with
the Privacy Policy and those terms and conditions
incorporated herein or referred to herein,
constitute the entire agreement (collectively,
the "Agreement") between you and
each Covered Party relating to the subject
matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding
the subject matter, and may not be amended
or modified except in writing or by making
such amendments or modifications available
on this Site. If any provision of this Agreement
is found to be invalid, illegal or unenforceable,
the validity, legality and enforceability
of the remaining provisions will not in any
way be affected or impaired.
CHRISTIAN FAITH
This Company is owned by Christians and is
operated with that in mind, under biblical
principals. We base our decisions on prayer
and meditation. We welcome your business.
However, we welcome your business even if
it is not related to Christianity or religion.
However, we do ask that your site not have
anything on it that openly mocks or contradicts
our statement of faith.
ANY SITE OR PRINTED PRODUCT THAT CONTRIDICTS
OUR STATEMENT OF FAITH WE RESERVE THE RIGHT
TO REFUSE YOUR BUSINESS AND/OR DISCONTINUE
SERVICES WITH NO OBLIGATIONS TO YOU.
COPYRIGHT NOTICE
You, the User, acknowledge that all content
included on this Site, including, without
limitation, the information, data, software,
photographs, graphs, typefaces, graphics,
images, illustrations, maps, designs, icons,
written and other material and compilations
(collectively, "Content") are intellectual
property and copyrighted works of Proverbs31Pulishers.com
and/or various third-party providers ("Providers").
Reproductions or storage of Content retrieved
from this Site, in all forms, media and technologies
now existing or hereafter developed, is subject
to the U.S. Copyright Act of 1976, Title
17 of the United States Code.
CORPORATE IDENTIFICATION AND TRADEMARKS
"Proverbs31Pulishers.com", and
any and all other marks appearing on this
Site are trademarks of Proverbs31Pulishers.com
in the United States and other jurisdictions
("Trademarks"). You may not use,
copy, reproduce, republish, upload, post,
transmit distribute or modify the Trademarks
in any way, including in advertising or publicity
pertaining to distribution of materials on
this Site, without Proverbs31Pulishers.com's
prior written consent. The use of Trademarks
on any other Web site or network computer
environment is prohibited. Proverbs31Pulishers.com
prohibits the use of Trademarks as a "hot"
link on, or to, any other Web site unless
establishment of such a link is pre-approved
by Proverbs31Pulishers.com in writing.
SET UP FEES
Set-up fees are used to offset the cost of
setting up your service, print job, or design
service. All sales are final after 24 hours
of being placed.
SITE OWNERSHIP
All the content on the site that you've written,
and collected is yours. The graphics that
we have created as well as the layout are
ours and cannot be taken with you until a
period of 2 years is over. Once 2 years has
passed and the balance is paid in full, you
are free to take your design and do whatever
you want with the website design we created
for you.
GRAPHICS/LOGO/DESIGN OWNERSHIP
All the GRAPHICS, PRINTS, LOGO DEISGNS, AND
CUSTOM PRINT WORK THAT IS CREATED BY PROVERBS31PUBLISHERS
as well as the layout are ours and cannot
be taken with you or used in or with any
outside company, agency, ministry, or individual
until a period of 2 years is over or the
balance of the agreement is paid in full.
Once 2 years has passed and the balanced
is paid in full, you are free to take your
design and do whatever you want with the
design we created for you.
WEBSITE DESIGN
Proverbs31 Publishers agrees to provide the
first proof of your website within 45 days
of your paid registration fee.
CONTENT
All services provided by Proverbs31 Publishers
may be used for lawful purposes only. Transmission,
storage, or presentation of any information,
data or material in violation of any United
States Federal, State or City law is prohibited.
This includes, but is not limited to: copyrighted
material, trademark, intellectual property,
material we judge to be threatening or obscene,
or material protected by trade secret and
other statute without proper authorization.
The subscriber agrees to indemnify and hold
harmless Proverbs31 Publishers from any claims
resulting from the use of the service which
damages the subscriber or any other party.
All sites must be family AND Christian friendly.
If your site contains material that is offensive
to the average family and/or general Christian
community (such as extreme violence/gore,
practices or religions considered to be occult,
anti-Christian religions, etc.), you will
be asked to take it down and/or move your
site elsewhere. Proverbs31 Publishers reserves
the right to make the final decision on what
can be placed on our servers and reserves
the right of refusal of any content printed
or electronical that Proverbs31 Publishers
deems unsuitable.
Pornography and sex-related merchandising
and material is prohibited on all sites hosted
by Proverbs31 Publishers This includes sites
that may infer sexual content, or links to
adult content elsewhere. If pornography is
found on our server, the offending domain
will be deleted immediately with no warning
and no refunds of money will be given.
Also prohibited are sites that promote any
illegal activity or present content that
may be damaging to Proverbs31 Publishers
servers or any other server on the internet.
Links to such materials are also prohibited.
Examples of unacceptable content or links:
* Pirated software
* Hacker / Cracker programs or archives
* Warez sites
Proverbs31 Publishers will be the sole arbiter
as to what constitutes a violation of this
provision.
At Proverbs31 Publishers' discretion, access
to Proverbs31 Publishers' server and your
account) may be revoked at any time for abusive
conduct on the system and / or the Internet
and its resources as a whole.
E-MAIL
Spamming, or the sending of unsolicited e-mail
or message board posts including, without
limitation, commercial advertising and informational
announcements, from our server(s) or using
an e-mail address or domain that is maintained
on an Proverbs31 Publishers machine as reference
in that spam is STRICTLY prohibited. Domains
and sites are subject to being canceled immediately
off of our server as well as fined no less
than $500 US. A user shall not use another
site's mail server to relay mail without
the express permission of the site. Proverbs31
Publishers will be the sole arbiter as to
what constitutes a violation of these provisions.
Pop email storage is limited to 90 days,
at which time, 90 day old email will be removed.
PACKAGES & PLANS
We reserve the right to change the packages/plans/services
that we offer in any way without prior notice.
CREDIT CARD DISPUTES (CHARGEBACKS)
If you dispute the credit card charge that
we charge for our services, we reserve the
right to bring your web site / domain down
as soon as we are informed of it. Disputed
credit card charges damage our reputation
and our relationship with the credit card
processing company, and cause us to pay additional
fees that can be avoided if there are no
disputed charges. If you find a credit card
charge from our company on our statement,
please contact us at 1-913-907-4429 to talk
over a credit card charge if you feel that
there is a mistake before you contact the
credit card company.
REFUND POLICY
All sales are final since we customize each
order according to your exact specifications.
No refunds are given once Proverbs31Pulishers.com
begins working on your order, which means
Proverbs31Pulishers.com has received your
necessary materials (i.e., content/text and
payment) and started work on your job (i.e.,
your job is in production).
SUSPENSION POLICY FOR OVERDUE ACCOUNTS:
1. Accounts that are 60 days past due will
be subject to suspension.
2. New accounts for which payment has not
been received are subject to suspension after
10 days.
3. Accounts for which payment is not remitted
10 days past suspension will be deleted from
our servers (and will not be retrievable).
4. We will send any suspension notices/correspondence
to the email address we have on file. We
do not send any correspondence through regular
postal mail.
5. Once an account has been 120 past due
the account is canceled and the balance of
the agreement is due immediately.
DOMAIN REGISTRATION
1. FEES (DOMAIN REGISTRATION)
As consideration for the domain name registration
services provided by Proverbs31 Publishers
and Bulk Register, you shall pay all applicable
initial registration fees and renewal fees.
We register your new domain through an ICANN
approved registrar and you agree to pay us
$40.00 US per year for the total of the years
that you are registering upon registration
and then you agree to pay $40.00 US per year
after that for every year that you use the
domain. You will be notified (by email only)
when renewal fees for your domain name are
due or if you have a hosting plan or package
with us for that domain, your account will
be automatically debited 15 days prior to
it's renewal time to be sure it gets renewed,
and it shall be your responsibility to ensure
that such fees are paid. If you do not respond
or pay within the specified time period for
registrations or renewals or if you have
the charges reversed on your credit card
after ordering the domain (even though you
ordered it), the ownership of the domain
will transfer to Proverbs31 Publishers and
will not be available for purchase. You agree
that Proverbs31 Publishers shall have no
liability whatsoever with respect to any
such cancellation, and that Proverbs31 Publishers
may cancel or reassign the domain name in
the event of any delinquency or abuse of
these terms. We reserve the right to refuse
any domain registration request at our discretion.
All domain registration fees are non-refundable.
Once the domain is ordered, we can not get
your money back if you change your mind.
To complete the registration process, you
must read and agree to be bound by all terms
and conditions of this Agreement, the accompanying
fee schedule and dispute policy, and any
rules or policies that are or may be published
by Proverbs31 Publishers. You acknowledge
that Proverbs31 Publishers may modify this
Agreement if necessary to comply with its
Agreement with the registrar and ICANN, or
for any other business purpose.
2. DISPUTE POLICY (DOMAIN REGISTRATION)
In applying for a domain name, you warrant
that the registration is not made in bad
faith and that the name does not conflict
with another domain name. You agree to be
bound by the current Bulkregister Name Dispute
Policy which is incorporated into this Agreement
by reference. The Dispute Policy can be found
at http://www2.bulkregister.com/5-5DisputePolicy.shtml.
Any disputes regarding the right to use your
domain name will be subject to the Dispute
Policy. Bulkregister may modify the Dispute
Policy in its sole discretion at any time.
Your continued registration of your domain
name after modification to the Dispute Policy
becomes effective constitutes your acceptance
of those modifications. If you do not agree
to such a modification, you may request that
your domain name be deleted. You agree that
you will be subject to the provisions specified
in the Dispute Policy in effect at the time
your domain name is challenged by a third
party. You also agree that in the event a
domain name dispute arises with any third
party, you will indemnify, defend and hold
Proverbs31 Publishers and its associates
and/or affiliates.
3. USE OF YOUR PERSONAL INFORMATION (DOMAIN
REGISTRATION)
As part of the domain registration process,
you are required to provide certain information
and to update this information to keep it
current, complete and accurate. This information
includes (i) your full name, postal address,
e-mail address, voice telephone number, and
fax number if available; (ii) the name of
an authorized person for contact purposes
in the case of a registrant that is an organization,
association, or corporation; (iii) the IP
addresses of the primary nameserver and any
secondary nameservers for the domain name;
(iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail
address, voice telephone number, and fax
number if available of the technical contact
for the domain name; (vi) the full name,
postal address, e-mail address, voice telephone
number, and fax number if available of the
administrative contact for the domain name;
(vii) the name, postal address, e-mail address,
voice telephone number, and fax number if
available of the zone contact for the domain
name; and (viii) any remark concerning the
registered domain name that should appear
in the WhoIs data.
You acknowledge that providing inaccurate
information or failing to update information
promptly will constitute a material breach
of this Agreement and will be a basis for
cancellation of your domain name and hosting.
If you license use of a domain name to a
third party, you remain responsible for providing
your own full contact information and for
providing and updating accurate technical,
administrative, and zone contact information.
You acknowledge that Proverbs31 Publishers
will make some of the information that you
provide during the registration process publicly
available as required by ICANN. Additionally,
you acknowledge that ICANN may impose guidelines,
limits and/or requirements that relate to
the amount and type of information that Proverbs31
Publishers may or must make available to
the public or to private entities. Proverbs31
Publishers will not otherwise disclose your
information to any third party unless it
is required to maintain your domain name.
You may request a copy of your information
in Proverbs31 Publishers' possession to review,
modify or update such information.
4. USE POLICIES (DOMAIN REGISTRATION)
Proverbs31 Publishers reserves the right
to suspend or cancel your domain name in
the event that you use the domain name to
send unsolicited commercial advertisements
in contradiction to either applicable laws
or customary acceptable usage policies of
the Internet, or if you use your domain name
in connection with unlawful activity. You
may not transfer your domain to another registrar
within sixty (60) days of obtaining the domain
name through us.
4B. TRANSFER OF DOMAIN NAME:
We will be happy to initiate the change request
for you. However, there are many factors
involved and there is no guarantee that the
transfer will go through. Be prepared to
renew with the current registrar if the transfer
does not go through before the domain expires.
Normally this process works very well, but
occasionally the transfer will not complete
for various reasons.
Disclaimer:
Proverbs31 Publishers, Just For Us Ministries
and/or its affiliates cannot be held responsible
for domain name renewal fees that you incur
with another registrar or for expired/lost
domain names in the event that the registrar
transfer does not get completed in time.
Domain name registration renewal fees ($40.00
per year this does not include hosting fees)
due to other companies are the responsibility
of the domain name owner. If you have not
heard from us concerning the status of the
transfer before the domain expires, you will
be responsible for contacting us to determine
how far the transfer has progressed. It may
be necessary to renew with the current registrar
(Proverbs31 Publishers) if the domain transfer
is not completed before the expiration date.
Additional Information:
We do not charge a transfer fee for requesting
a domain name registration transfer, we only
charge the annual registration renewal fee
if the renewal fee has not been paid. ICANN
regulations state that a registrar cannot
charge a transfer fee. What normally happens
is that your new registrar (your new company)
will charge their annual renewal fee, which
will extend your registration for an additional
year.
For example, suppose yourdomain.com is registered
in January 2005 and expires in January 2006.
In April 2005, a request is put in to transfer
registrars, and the registrant is billed
for an additional year under the new registrar's
prices. The domain expiration date is then
extended until January 2007
6. REPRESENTATIONS AND WARRANTIES (DOMAIN
REGISTRATION)
You represent and warrant that all information
provided by you in connection with your registration
is complete and accurate. Proverbs31 Publishers
makes no representation or warranties of
any kind in connection with this Agreement.
Proverbs31 Publishers does not represent
or warrant that registration of your domain
name will immunize you from challenges to
your domain name.
7. BREACH AND REVOCATION (DOMAIN REGISTRATION)
Any breach by you of this Agreement or the
Dispute Policy must be remedied by you within
30 days of notice by Proverbs31 Publishers.
If you fail to cure the breach, Proverbs31
Publishers may revoke your registration of
the domain name.
You also agree that Proverbs31 Publishers
shall have the right in its sole discretion
to revoke, suspend, transfer or otherwise
modify a domain name registration upon seven
(7) calendar days prior written notice, or
at such time as Proverbs31 Publishers receives
a properly authenticated order from a court
of competent jurisdiction, or arbitration
award, re-querying the revocation, suspension,
transfer or modification of the domain name
registration.
Nothing contained in this Policy shall be
construed as creating any agency, partnership,
or other form of joint enterprise between
the parties. The failure of Proverbs31 Publishers
to require your performance of any provision
hereof shall not affect the right to require
such performance thereafter; nor shall the
waiver by Proverbs31 Publishers of a breach
of any provision hereof be taken or held
to be a waiver of the provision itself.
AGENTS
Client understands, acknowledges and agrees
that by using the domain on or any service
of Proverbs31 Publishers, client ratifies
and is bound by this Agreement even if an
agent (such as a webmaster, ISP, or employee)
entered into this Agreement on the client's
behalf, and even if client has not itself
read this Agreement. Further, client is responsible
for all information submitted by its agent.
Proverbs31 Publishers (Proverbs31 Publishers)
will not cancel this Agreement, or refund
any fees paid to it, because of errors or
omissions of the agent in the registration
process (e.g., if such agent provides incorrect
information) or because of errors or omissions
in changes to Registrant's client information,
without client's actual consent, as such
apparent authority will suffice to bind the
client. By acting on the client's behalf,
such agent represents and warrants to the
client and Proverbs31 Publishers that the
agent is authorized to bind client hereto
and that it has fully and thoroughly advised
client of the terms and conditions of this
Agreement.
You agree that if you license the use of
your domain name to a third party, you remain
the domain name holder, and remain responsible
for all obligations under this Agreement.
SYSTEM AND NETWORK SECURITY
Violations of the Proverbs31 Publishers system
or network security are prohibited, and may
result in criminal and civil liability. Proverbs31
Publishers will investigate incidents involving
such violations and may involve and will
cooperate with law enforcement if a criminal
violation is suspected. We reserve the right
to investigate files in a customer's account
at any time if we have any reason to suspect
there may be activities or network security
violations including, but not limited to:
* Unauthorized access to or use of data,
systems or networks, including any attempt
to probe, scan or test the vulnerability
of a system or network or to breach security
or authentication measures without express
authorization of the owner of the system
or network.
* Unauthorized monitoring of data or traffic
on any system or network without express
authorization of the owner of the system
or network.
* Interference with service to any user including,
but not limited to, mailbombing, flooding,
deliberate attempts to overload a system
and broadcast attacks.
* Forging of any TCP-IP packet header or
any part of the header information in an
e-mail or a newsgroup posting.
Proverbs31 Publishers reserves the right
to report illegal activities to any and all
regulatory, administrative, and / or governmental
authorities for prosecution.
IRC - We currently do not allow IRC or IRC
bots to be operated on our servers.
AGE - The client must be 18 years of age
to obtain our hosting services.
SERVER ABUSE - Any attempt to undermine or
cause harm to a server, or customer, of Proverbs31
Publishers is strictly prohibited.
NEWSGROUP SPAM - Posting the same or similar
message referencing your domain hosted with
us in any way to one or more news groups
(excessive cross-posting or multiple-posting,
also known as is explicitly prohibited.
WEBCAMS - We do not allow webcams due to
their high bandwidth usage unless you are
willing to pay for the extra bandwidth used
by your website. If you must use a webcam
and are willing to pay for the extra bandwidth
please contact us to discuss it first.
TRANSFER
We reserve the right to ask you to move your
domain or upgrade to another server option
that suits your needs if your site takes
up more than a fair share of the server resources
(over 10%). This can include excessive use
of cgi resources, system resources, or excessive
use of bandwidth. Please read our transfer
policy. It is incorporated into these terms
by reference. You must agree to that policy
before signing up. Our transfer policy can
be found here: http://www.proverbs31publishers.com/transferpolicy.html
DATABASE USAGE
Database usage is limited to 100 Megs per
domain. This is a soft policy, meaning, your
usage may exceed this without disruption
to the database, but you may be contacted
and asked to reduce the size of the database.
SERVER RESOURCES
If at any time, your site is consistently
using a majority of the servers resources,
you may be moved to move to a different network
within Proverbs31Publishers.com to better
serve your needs.
IP NUMBERS
Proverbs31 Publishers maintains control and
any ownership of any and all I.P. numbers
and addresses that may be assigned to the
client and reserves in its sole discretion
the right to change or remove any and all
IP numbers and addresses. (you retain the
ownership of your domain name and all material
owned by you contained in your site, though)
INDEMNITY
You agree to defend, indemnify and hold harmless
Proverbs31 Publishers and any applicable
domain name registry, including Bulkregster.com,
Alabanza, Network Solutions, Inc., and the
directors, officers, employees and agents
of each of them, for any loss, damages or
costs, including reasonable attorneys' fees,
resulting from any third party claim, action,
or demand related to your domain name or
the use thereof. This indemnification is
in addition to any indemnification required
under the Dispute Policy. We do not own your
domain name nor do we want to (unless you
do not pay for it and we have to transfer
the ownership to us - see the section on
domain registration above) and we do not
claim ownership of your content. It is completely
yours. All content on your web site is considered
a publication of yours and we are not to
be held responsible for anything you present
on the web through your domain in any way.
LIMITATION OF LIABILITY (Domain Registration)
YOU AGREE THAT Proverbs31 Publishers AND/OR
BULKREGISTER OR Enom WILL NOT BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS THAT
MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION
OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN
NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO Proverbs31 Publishers/BULKREGISTER'S REGISTRATION
SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY
OF DATA BETWEEN YOU AND Proverbs31 Publishers;
(e) EVENTS BEYOND Proverbs31 Publishers'
CONTROL; (f) THE PROCESSING OF THIS APPLICATION;
(g) THE PROCESSING OF ANY MODIFICATION TO
THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME,
(h) THE FAILURE OF YOU OR YOUR AGENT TO PAY
ANY FEES HEREUNDER; OR (i) THE APPLICATION
OF THE DISPUTE POLICY. FURTHER, Proverbs31
Publishers OR BULKREGISTER WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF Proverbs31 Publishers
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL Proverbs31 Publishers'
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO Proverbs31 Publishers FOR
REGISTRATION OF YOUR DOMAIN NAME. TO THE
EXTENT APPLICABLE STATE DOES NOT ALLOW THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED
TO THE MINIMUM EXTENT PERMITTED BY LAW
LIMITATION OF LIABILITY (Hosting)
Proverbs31 Publishers shall not be responsible
for any claimed damages, including incidental
and consequential damages, which may arise
from Proverbs31 Publishers' servers going
off-line or being unavailable for any reason
whatsoever. Further, Proverbs31 Publishers
shall not be responsible for any claimed
damages, including incidental or consequential
damages, resulting from the corruption or
deletion of any web site or files from one
of Proverbs31 Publishers' servers. All damages
shall be limited to the immediate termination
of your service. Proverbs31 Publishers will
not be held responsible for any problems
that a reseller's customer may have. We will
always do our best to keep things running
smoothly and to ensure that your web experience
is the best. We disclaim any and all loss
or liability resulting from, but not limited
to: (1) loss or liability resulting from
access delays or access interruptions; (2)
loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse
of your Account Number, Password or security
authentication; (5) loss or liability resulting
from errors, omissions, or misstatements
in any and all information or service(s)
provided under this agreement; (6) loss or
liability resulting from failure of our backup
system*; (7) loss or liability relating to
the deletion of or failure to store e-mail
messages; (8) loss or liability resulting
from the development or interruption of your
Web site; (9) loss or liability from your
inability to use our mail service; or (10)
loss or liability from the use of our mail
service; or (11) loss or liability that you
may incur in connection with our processing
of your application for our services, our
processing of any authorized modification
to your domain name record or your agents
failure to pay any fees, including the initial
registration fee or re-registration fee.
* We try to keep timely backups of our servers
but there is a rare possibility that a backup
will be corrupted or missing. Proverbs31Publishers
encourages you to keep backups of all your
files as a safety measure.
CART XPRESS
Cart Xpress comes with several pre-installed
modules for payment,
shipping, order total and connectors.
Contribution modules available from oscommerce.com
are not covered under
the LIMITATION OF LIABILITY (Hosting). Please
install at your own risk.
Your shopping cart warranty is limited to
the LIMITATION OF LIABILITY
(Hosting).
REFUSAL OF SERVICE
Proverbs31 Publishers shall be the sole arbiter
of what is and is not a violation of these
acceptable use policies. Proverbs31 Publishers
reserves the right to terminate any account
at any time and for any reason. Proverbs31
Publishers reserves the right to delete all
content and files upon termination. Proverbs31
Publishers reserves the right to withhold
any pre-paid funds for any site removed for
violations of these policies. Proverbs31
Publishers reserves the right to refuse,
cancel, or suspend service at our sole discretion.
In the event that any provision of this Agreement
is deemed unenforceable or invalid, such
unenforceability or invalidity shall not
affect the remainder of this Agreement. Proverbs31
Publishers may amend or replace such provision
with one that is valid and enforceable and
which achieves, to the extent possible, the
original objectives and intent of Proverbs31
Publishers as reflected in the original provision.
This Agreement and all rights hereunder shall
be governed by the laws of the State of Kansas.
Any action relating to this Agreement or
to your use of the Proverbs31 Publishers
site shall be brought exclusively in the
courts of Kansas in the USA.
Proverbs31 Publishers reserves the right
to change the Acceptable Use Policy without
prior notice or warning. Non-enforcement
of any part of the Acceptable Use Policy
does not constitute consent.
This Agreement, the Proverbs31 Publishers
fee schedule, the hosting terms of use and
the Dispute Policy, together with all amendments
or modifications to any of them, constitute
the complete and exclusive agreement between
you and Proverbs31 Publishers, and supersede
and govern all prior proposals, agreements,
or other communications.
All Sub-Networks and distributive hosting
sites of Proverbs31 Publishers must adhere
to the above policies.
** ABUSE - Complaints regarding Illegal Use
or System or Network Security issues and
complaints regarding email abuse or SPAM
should be sent to abuse@proverbs31publishers.com
Failure to follow any term or condition will
be grounds for immediate shut down.
**BILLING POLICY**
By clicking the submit, subscribe, buynow,
and/or paynow button, you are hereby granting
us permission to charge your credit card/
number that you gave us at the intervals
specified or pay the entire balance of the
invoice within 2 weeks of receipt that you
will get through email until you send us
a cancellation notice 30 days before the
next billing date. Transferring your domain
to a new host does not cancel your account
with us. We do not know that you want to
cancel your account unless you notify us
through the helpdesk or call us and speak
to someone in billing. Your account username
and password is required to cancel for your
safety.
You agree that you will keep up with when
your next billing date is and be responsible
for having the funds available when your
card is billed for your next term. We send
30 day invoices to the email address we have
on file so please keep your contact information
current. We do NOT send invoices via postal
mail. We only use email to communicate billing
issues.
You agree that you will pay the amount indicated
(whether by check or by credit card) on time
or we will be forced to suspend and eventually
delete your domain from our system. Non-payment
will always end up with a domain deletion.
You will normally get billed monthly (or
yearly according to the plan you chose) on
the anniversary date of signing up. If you
are having trouble paying your bill, please
let us know. Don't just stop communicating
with us. I am sure that we can work something
out!
Accepted Payment Methods: Visa, MasterCard,
American Express, Money Orders and Checks
drawn on US banks, echecks. (Please note:
a $45.00 charge applies to returned checks
due to insufficient funds)
Remember: We always bill for annual domain
name registration on the anniversary date
at the intervals specified. If you purchase
a yearly package on 8/1/04 then your next
charge will be at 8/1/05 (monthly customers
will be billed monthly). Please note that
by not canceling before your billing date,
you are agreeing that you authorize us to
charge your card on the due date and we are
not responsible for any non sufficient charges
or service charges that your account may
incur if funds are not available when we
charge your account.
If you are a songwriter canceling hosting
services, you must cancel the songwriters
services separately through your songwriter
administrative area at PHGM Service.
SUSPENSION POLICY FOR OVERDUE ACCOUNTS:
1. Accounts that are 60 days past due will
be subject to suspension.
2. New accounts for which payment has not
been received are subject to suspension after
10 days.
3. Accounts for which payment is not remitted
10 days past suspension will be deleted from
our servers.-ALL FILES AND ASSOCIATED FILES
WILL BE DELETED AND WILL NOT BE RETRIEVABLE
4. We will send any suspension notices/correspondence
to the email address we have on file. We
do not send any correspondence through regular
postal mail.
5. Once an account has been 120 past due
the account is canceled and the balance of
the agreement is due immediately.
Refund Policy for cancelled accounts:
1. There are no refunds, exchanges, or transferred.
Registration fees for domain name registrations
are NON-REFUNDABLE. If you order annual hosting
with a new domain name and take advantage
of our free domain name offer, the amount
of your refund will be reduced by the current
registration fee for your new domain name
as stated in our terms of use, Satisfaction
Guaranteed; area of our terms of service.
Please note: This offer applies only to new
accounts opened, and not on subsequent re-openings
of the same account.
2. All domain name registration fees are
non-refundable, once a domain name registration
is submitted there is no option to cancel
it. For this reason it is extremely important
to carefully check the spelling and accuracy
of all new domain name registrations, and
be sure you definitely want the domain name
before submitting the order.
3 . Due to the costs of setting up and canceling
accounts, if you have cancelled any account
with Proverbs31 Publishers more than 3 times,
we may request that you either pay for your
services all at once or pay a $800.00 non
refundable set up fee to reset your account
and for each additional account that you
set up.
By submitting your order, you agree to abide
by our terms and conditions and realize that
if it is a new domain (not registered yet)
that there is a domain registration fee of
$40.00 per year in addition to the hosting
fees for the package you choose.
Please note that your use of the Proverbs31Pulishers.com
site (the "Site") constitutes your
unconditional agreement to follow and be
bound by these Terms and Conditions. Although
you may "bookmark" a particular
portion of this Site, bypassing this Agreement,
your use of this Site still binds you to
these Terms and Conditions. Proverbs31Pulishers.com
reserves the right to update or modify these
Terms and Conditions at any time without
prior notice to you. Your use of the Site
following any such change constitutes your
unconditional agreement to follow and be
bound by these Terms and Conditions as changed.
For this reason, we encourage you to review
these Terms and Conditions whenever you use
this Site.
Payment
All prices and amounts shown on this Site
are in U.S. Dollars (USD), unless otherwise
noted. If a User submits a request on the
Site to purchase printing products, website
design, graphic design, Pre-Paid office services,
design services or other services, the User
agrees that all charges, taxes and shipping/handling
fees will automatically be charged to the
credit card or paid by User with an approved
payment method. We require each order to
be fully paid, including shipping and handling
fees, if applicable, before we complete an
order. We will not start working on a print
job until we receive the full set-up fee
or payment in full.
PRINTING ORDERS
Once a print job has been approved by the
customer and the customer pushes the "to
print" button on the Site or a signed
Proof sheet has been faxed or mailed to us,
no changes are allowed to the artwork files,
content/text, job characteristics, or printing
turnaround time. After a print job has been
sent to our print department, the customer
is responsible for paying the entire amount
of that print job along with applicable taxes
and shipping/handling fees, unless otherwise
noted.
Refund Policy
All sales are final since we customize each
order according to your exact specifications.
No refunds are given once Proverbs31Pulishers.com
begins working on your order, which means
Proverbs31Pulishers.com has received your
necessary materials (i.e., content/text and
payment) and started work on your job (i.e.,
your job is in production).
Each order made from Proverbs31Pulishers.com
is a contract between you, as the customer
making the order, and Proverbs31Pulishers.com.
The fact that you have made an order on behalf
of a third party does not absolve you of
liability to Proverbs31Pulishers.com. As
such, any decision by the third party not
to accept the particular items printed or
cancels the order the third party made with
you does not affect your liability to Proverbs31Pulishers.com.
Our Sales Tax Policy
Proverbs31Pulishers.com charges sales tax
to orders received from within the state
of Kansas unless you are tax exempt (you
have a valid 501 3c). If you are tax exempt,
you need to send or fax to us your tax exemption
certificate.
Digital Proofs
We will have an online proof of your job
available for your review within 7 to 10
business days after receiving it in our production
department. But actual time will vary depending
on our current workload. No job will be sent
to print without your approval, so please
reply as quickly as possible.
Please take note that an on-line proof is
by no means an accurate color reproduction
of your final printed piece but is a final
opportunity for you to check the layout,
bleeds, crops and final text.
HARD COPY PROOFS OF PRINTED WORK:
Proverbs31Pulishers.com also offers hardcopy
proofs.
1 Hard Copy proof is permitted per order.
A 50.00 proof charge will apply.
Such proofs must be requested when the order
is made. The request for a hardcopy proof
may extend the amount of time needed to complete
the order. For orders where a hard copy proof
has been requested, the signed proof should
be received by Proverbs31Publishing on or
before the cut-off time.
We do not allow changes to artwork, job characteristics,
or turnaround time once we receive your approved
proof and your print job has been sent to
the press.
COLOR ACCURACY
Proverbs31Pulishers.com will reproduce color
from submitted print-ready files as closely
as possible, but cannot exactly match color
and density. Because of inherent limitations
with the printing process, as well as neighboring
image ink requirements, the accuracy of color
reproduction is not guaranteed. By placing
an order with Proverbs31Pulishers.com you
agree to this limitation. We will try our
best to match the gradient density of each
color, but we can not accept responsibility
for color variations between submitted files,
requested colors and the final printed piece.
Under no circumstances will a reprint be
honored for color variations that have occurred
during the printing process. We are not liable
for color matching or ink density on online
screen proofs that you approve.
Online screen proofs will predict design
layout, text accuracy, image proportion and
placement, but not color or density.
ARTWORK FILES
Our graphics department checks all submitted
artwork files before printing, but you are
still 100% responsible for the accuracy of
your print-ready artwork files, and we encourage
you to proof read all files carefully before
submitting to to Proverbs31Pulishers. By
submitting the artwork to Proverbs31Pulishers,
you certify that you have the right to use
the image(s) in your artwork files. DO NOT
send any "one-of-kind" transparencies,
prints or artwork. Although we take every
precaution to safeguard your materials, we
are NOT responsible for loss or damage of
images or artwork.
Under these Terms and Conditions, you agree
that you will NOT send Proverbs31 Publishers
any artwork files consisting of the following
material: offensive, indecent or improper
material, any material that could give rise
to any civil or criminal liability under
applicable law; any image that depict or
endorse scenes or messages that are in conflict
with Proverbs31 Publishers statement of faith;
and any material that could infringe rights
of privacy, publicity, copyrights or other
intellectual property rights without the
permission of the owner of these rights and
the persons who are shown in the material
if applicable. We will refuse an order that
exhibit any of the above mentioned or which
in our opinion may be illegal in nature or
an infringement on the rights of any third
party. You accept full legal liability for
the content of material processed and printed
on your behalf and under your instructions.
We reserve the right to refuse an order without
disclosing a reason.
TURNAROUND TIME
Turnaround time is given on case by case
bases. The key reason for this is our services
vary and we work hard to customize each job.
You will receive your full turn around schedule
in the email we send you with the subject
line "Turnaround Starts"
Turnaround time starts from the time we receive
all necessary documents, content/text files,
graphic files, audio and/or video files and
payment either in full or on if on a plan
the full set-up fee.
If you ordered a next day hardcopy proof
or standard hardcopy proof, printing turnaround
time begins when we receive approval for
your proof.
For printing jobs that do not have complete
digital source files provided, printing turnaround
begins when we have your print-ready file(s)
for your print job, not from when the order
is first submitted.
SHIPPING
All shipping is currently done via UPS. Proverbs31Pulishers.com
assumes no responsibility for payment of
shipping fees, for delays caused by shipping
carriers, weather or any damages resulting
from the failure to receive a job on time.
Your order may arrive late due to unforeseen
delays in delivery service, the breakdown
of equipment, illness, etc.
within the selected timeframe.
Please understand that target arrival dates
are estimates, not guarantees. While we will
do everything in our power to meet your target
arrival date, weather and other occurrences
beyond our control may impact our ability
to meet that date.
MAILING SERVICES
Customer's mailing list(s), while in the
possession of Proverbs31Pulishers.com, is
the exclusive property of the customer and
shall be used only with customer's instructions.
Customer's mailing list(s) will not be sold
or offered for use to any other party, and
Proverbs31Pulishers.com will not utilize
the list for any other purpose.
The customer will defend and hold Proverbs31Pulishers.com
harmless in any suit or court action brought
against Proverbs31Pulishers.com by others
for alleged damages, costs, expenses (including
reasonable attorney's fees), liabilities
or losses resulting from circumstances where
Proverbs31Pulishers.com, acting as the customer's
agent, uses copy, photographs, or illustrations
that are believed by others to be degrading,
libelous or harmful to their reputations,
images, or standing in the community or which
in Proverbs31 Publishers.' sole judgment
is an infringement on a trademark, or trade
name, or service mark, or copyright b |
