Welcome to The Church Online... Your Online Christian Source!

These terms apply to The Church Online Internet software as
well as the online web portal

The Church Online Internet Service and website Customer Agreement and Terms of Service

PLEASE READ THIS "The Church Online CUSTOMER AGREEMENT AND TERMS OF SERVICE" CAREFULLY BEFORE USING The Church Online INTERNET SERVICE.

The Church Online LLC (the "Company" or "we" "us" or "our") arranges for the provision of the The Church Online Internet Service and all related websites (the "Website"), web pages, materials, data, products, and services (collectively, the "Service"), which includes all Software (as defined in Section 2), content, data, information, and other materials made available through the Service (collectively the "Materials")) through third party service providers, who are ultimately responsible for such Service. For purposes of this Terms of Service, "The Church Online" shall be the collective reference for both the Service and the Company. The Service does not include the network of websites owned and/or operated by the Company excluding the Website, the "The Church Online". The Service is provided to customers subject to compliance with the terms and conditions set forth in this The Church Online Customer Agreement and Terms of Service (the "Agreement"). By using the Service, you agree to be bound by this Agreement. If you do not agree to the terms and conditions governing the Service, do not access or use the Service. Please note that when using the Service, you are subject to all of the rules pertaining to all websites and services that you visit, specifically including but not limited to The Church Online, The Church Online affiliated and subsidiary businesses and any other third party website. The Church Online reserves the right to take any action deemed reasonable in the event that a third party reports that you have violated their rules.

The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you may not register for the Service or assent to this Agreement if you are under 18 years of age or if you are a temporarily or indefinitely suspended former Customer (as defined below) to the Service. If you fall into either of the foregoing categories, please do not enter into this Agreement or register for the Service.

This Agreement is made between the Company and the Customer to the Service ("Customer" or "you" or "your") and takes effect on the date on which you accept this Service and continues until your subscription to the Service is terminated either by you or by the Company. You acknowledge that you are executing this Agreement on behalf of all persons who access the Service through your account with the Service. You shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. You further acknowledge and agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service by you or by any other user of your Service account.

Your electronic consent to this Agreement, whether by clicking "I AGREE" or a similar assent button provided in conjunction with this Agreement or by your registration to use the Service governed by this Agreement, shall constitute your electronic signature and, according to applicable provisions of Federal law, shall be of the same effect as if you had signed such Agreement in a non-electronic form. Your access and use of the Service also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Company reserves the right at any time to:

* Change the terms and conditions of this Agreement;
* Change the Service, including eliminating or discontinuing any Materials or any other feature of the Service; or
* Change any fees, rates, or charges in connection with the Service.

Any changes we make will be effective at the time indicated in the notice, or if no such period is specified, such change will be effective immediately upon notice. We may provide such notice to you by any reasonable means including, without limitation, posting on the Service or via electronic mail. PLEASE REGULARLY REVIEW INFORMATION POSTED TO REVIEW POSTED CHANGES IN ORDER TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE CHURCH ONLINE INTERNET SERVICE AFTER NOTICE OF THE CHANGES OR THE POSTING OF THE CHANGES ONLINE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. Except in the case of changes to fees, rates or charges, your access or use of the Service after such notice will be deemed acceptance of such changes. (Changes to fees, rates and charges are addressed in Section 3). Please print and keep a copy of this Agreement for future reference, and be sure to review this Agreement periodically to ensure familiarity with the most current version.

1. Subscribing to the Service; Log in Name and Password; Guarding Your Account. When you register to use the Service, you must provide the Company or the Company's service providers with accurate and complete information including, without limitation, your legal name, address, telephone number(s), applicable billing information and any other information reasonably requested as part of the registration process. You must also select a user name and password. The Company may refuse to grant you any user name or password that we determine to be unlawful or inappropriate, in our sole and absolute discretion. You represent and warrant to the Company that all information you provide during your registration to use the Service or at any other time, is true, accurate, and complete, and that you will promptly notify us in the event of any change in such information. If you have reason to believe that your account is no longer secure, you must immediately notify us of the problem by emailing us at support@thechurchonline.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD, FOR ALL CHARGES INCURRED BY AUTHORIZED USERS OF YOUR CREDIT CARD, AND FOR ALL OTHER ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT.

2. Installation. Upon completion of the registration process, you will be authorized to download onto your computer a copy of the software necessary to use and access the Service (the "Software"). We hereby grant to you the right to download and use the Software, in object code form only, for the sole purpose of accessing and using the Service, and to make one (1) back-up or archival copy of the Software. The foregoing authorization does not permit you to license, sublicense, sell, lease or otherwise transfer the Software or any copies thereof to any other party.

3. Payment Terms.

(a) Charges. The fees for the Service, together with the Company's cancellation policy are as set forth at www.thechurchonline.com. As further described in the fee schedule, you may subscribe to the Service on a 1, 3, 4, 6 months or annual basis. You agree to pay all fees and other charges incurred on or through your account at the price(s) in effect when such charges are incurred, including charges for any purchases made through the Service and any surcharges incurred while using any additional services or features for which a surcharge may be applicable (the "Charges"). Please note that you may also incur charges levied by your local or long distance telephone company to access the Service for which you are solely responsible. You agree that the Charges may be modified from time to time by us or our service providers in our sole discretion. Changes in Charges shall take effect upon the 1,3,4,6 months or annual renewal of your subscription, as applicable. In the event that you do not agree to any changes to the Charges, you may cancel the Service effective as of the expiration of your subscription, by giving us notice prior to the last day of your then current billing cycle (in order to avoid fees for your next billing cycle). Cancellation of accounts may be made only in the manner provided for at www.thechurchonline.com. You agree to pay all applicable taxes, tariffs and any access charges arising out of or relating to the use of the Service through your account, whether imposed on us or our service providers or directly on you (other than taxes based on our income). All payments hereunder shall be automatically billed to the credit card on file. The Company will make reasonable efforts to provide you with online access to your account information; however any failure of Company to provide you with online access to such information does not affect your responsibility to pay any incurred charges.

(b) Credit Card Information. As a condition to your obtaining the Service, you must provide us with a valid credit card number belonging to you. If you are a monthly Customer, we will automatically charge the monthly charge on a monthly basis, in advance, and UNLESS YOU NOTIFY US OF YOUR INTENT TO CANCEL THE SERVICE PRIOR TO THE DATE THAT THE 1,3,4 or 6 MONTHS OR ANNUAL CHARGES ARE DUE, YOU HEREBY AUTHORIZE US TO CHARGE THE APPLICABLE CHARGES TO YOUR AUTHORIZED CREDIT CARD UNTIL THE SERVICE IS CANCELLED, OR YOU SELECT A DIFFERENT SUBSCRIPTION PERIOD. If you are an annual Customer, you will be charged for the entire year when you register. YOU HEREBY AUTHORIZE US TO CHARGE THE ANNUAL CHARGES TO YOUR CREDIT CARD. Prior to the expiration of your annual subscription, we will notify you that your annual subscription is ending. If we do not hear from you within the time specified in our renewal notice(s), your annual subscription to the Service will automatically renew upon the expiration of your then current annual subscription. IN ORDER TO PROCESS THE RENEWAL OF YOUR ANNUAL SUBSCRIPTION, YOU HEREBY AUTHORIZE US TO CHARGE THE APPLICABLE CHARGES TO YOUR AUTHORIZED CREDIT CARD FOR EACH SUBSEQUENT RENEWAL PERIOD. EXCEPT AS SET FORTH IN SECTION 14, ALL CHARGES PAID HEREUNDER ARE NON-REFUNDABLE. If your credit card expires or you cancel your credit card, you must promptly provide us with a new, valid credit card number. We will notify you if for any reason we are unable to process the charges or if the credit card company declines payment of the charges due. If you do not provide us with a new, valid credit card number by the date indicated in our notice, we will suspend and/or terminate your access to the Service as described in the notice.

(c) Late Payment. Notice from you of any dispute regarding your payment hereunder must be made in writing and received by us within thirty (30) days after your credit card has been charged by us, or you will be deemed to have waived any objection to such payment. At our option, interest charges may be added to any undisputed, past due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day any such payment is past due. Acceptance of late or partial payments shall not waive any of our rights to collect the full amount of Service Charges due to us. You must promptly notify The Church Online of changes to: the account number, status or expiration date of your credit card; and (b) any changes to your billing address. You agree to reimburse us for our costs, including reasonable attorneys' fees, associated with collecting delinquent or dishonored payments, and for any additional fees assessed by us for any check returned for insufficient funds. If Service is suspended due to your non-payment, it will not be restored until all Charges are paid in full (including any interest charges) along with any then-current Service restoration fee.

4 Privacy. The Church Online Internet Service Privacy Policy, which is incorporated herein by reference, can be viewed at www.thechurchonline.com. Please periodically review this Privacy Policy, as it is modified on a regular basis.

5. Access By Minors. If you allow any minor to access the Service, you may wish to take advantage of the Family Control content filters, made available to you as a Customer to the Service. You agree, however, that you are ultimately responsible for monitoring any such minor's use of the Service, and that we do not and cannot control or monitor content made available through the Internet. You further agree that we do not take any responsibility or assume any liability in connection with any minor's use of the Service or any failure or perceived failure of the content filters or any other parental control protections.

6. Internet Use Policy. We do not actively monitor or exercise control over the content of any website, email, list, newsgroup or other material created or accessible over the Service, or any information that passes through our (or suppliers') host computers, network hubs and points of presence. However, we do reserve the right to remove any materials from any location that we, in our sole discretion, believe may be illegal, which violates this Agreement, or which we believe may subject us to liability. Notwithstanding the foregoing, you will remain fully responsible for any information or materials you send or receive using the Service, and we encourage you to use reasonable efforts to screen any unwanted material. You agree that we may enforce any storage space or bandwidth utilization parameters associated with your account without additional notice to you. You acknowledge that you are responsible for maintaining your email box capacity limit of 10 mb.

7. Code of Conduct. While using the Service you agree NOT TO:

(a) Restrict or inhibit any other Customer or other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
(b) Use the Service for any unlawful purpose;
(c) Express or imply that any statements you make are endorsed by us or our service providers or licensors, without our or their prior written consent, as applicable;
(d) Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
(e) Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, Easter egg, or other hidden, harmful, or disruptive component;
(f) Transfer all or any part of your Service account (including, without limitation, your user ID or password) to any third party, including without limitation a third party whose Service account has been terminated for any reason, without our prior express written authorization, or otherwise take any action to cloak your identity or contact information;
(g) License, sublicense, sell, resell, or otherwise provide the Service to any third party; provide or advertise any product or service to such on the Materials;
(h) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
(i) Remove any copyright, trademark, or other proprietary rights notices contained in the Service;
(j) "Frame" or "mirror" any part of the Service without our prior express written authorization;
(k) Use any robot, spider, site search/retrieval application, macro, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service;
(l) Take any action that imposes an unreasonable or disproportionately large load on our servers or infrastructure;
(m) Defeat idle time by auto-generation of data to mimic user activity;
(n) Create a database by systematically downloading and storing any or all of the Materials; or
(o) Harvest or collect information about Service Customers or other Service users.

While using the Service, you agree to comply with all applicable laws, rules and regulations.

8. Specifically Impermissible Communication Practices. Without limiting any other provision of this Agreement, you shall not use or to permit others to use the Service or any The Church Online email address, URL, header, or other address information in connection with any Prohibited Activities. For purposes of this Agreement, "Prohibited Activities" shall mean: (a) posting a single article or advertisement to more than ten (10) Usenet or other news groups, forums, email mailing lists, or other similar groups or lists; (b) sending unsolicited mass emailings to more than twenty-five (25) email users where such users are not Customers to such mailings, or if such unsolicited emailings provoke complaints from the recipients; (c) engaging in any of the foregoing activities using the services of another provider, but channeling such activities through your or any other The Church Online account or The Church Online re-mailer (such as by forging email header information), or using your or any other The Church Online account as a maildrop for responses; (d) collecting replies to messages from another service provider if those messages and/or collection thereof violate(s) this Agreement or the acceptable use policy or other policy(ies) of such other service provider; (e) promoting, marketing, or otherwise directly or indirectly directing traffic to a website hosted on or through the Service, including, without limitation, your website(s), through the use of unsolicited commercial email or "spam"; and (f) any other activities of which The Church Online may notify you from time to time. For each day during which this section of the Agreement is violated, you agree to pay The Church Online liquidated damages in the amount of ten dollars ($20.00) per posting or email message made or transmitted by you or a third party through your account in violation of the foregoing, to compensate The Church Online for the lost goodwill and consumption of resources such violation causes, and you acknowledge that no payment made by you to The Church Online under this section shall prevent The Church Online from seeking other legal or equitable remedies, including other damages or an injunction, or otherwise terminating this Agreement and/or suspending your use of the Service. The Church Online reserves the right in its sole discretion to take any action (legal and/or technical) without notice, which it deems necessary or useful to satisfy any applicable law, regulation, legal process or governmental request.

9. Ownership and Restrictions on Use. The Service is owned and operated by us in conjunction with others, such as third party service providers and licensors of the Materials, pursuant to contractual arrangements. You may access and use the Service solely for your personal, non-transferable, non-commercial use. Except as set forth in this Agreement, you may not reproduce, republish, upload, post, adapt, display, transmit, or distribute any portion of the Materials in any way, without our prior express written authorization. While using the Service, you may download one (1) copy of the Materials on any single computer for your personal, non-transferable, non-commercial use only (provided you keep intact, without change, all such Materials and all copyright and other proprietary notices in or on such Materials). You shall not reverse engineer, decompile or otherwise attempt to discover the source code for any Software provided to you. Modification of the Materials or use of the Materials for any other purpose is a violation of the copyright and other proprietary rights of the Company and/or its affiliates, service providers or licensors, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in the Materials or the Service by using the Service.

10. Trademarks. "The Church Online", "Your Online Christian Source, "The Pastor’s Circle" and The Church Online logo are our trademarks and/or service marks. All other trademarks and service marks used on the Service or otherwise in connection with the Materials are the trademarks, service marks, or logos of their respective owners.

11. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

12. Third Party Services, Links to Other Websites. Certain features and tools provided through the Service may be provided by third parties. If, in the course of using such features or tools, you use another party's network or computing resources, you will be subject to their respective terms of service, usage policies and/or privacy policies. In addition, the Service may contain links to other Internet websites or resources, including, without limitation, the websites of third parties who license the Materials to us. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content, advertising, products, services, or information.

13. Jurisdictional Issues. The Service is only made available to customers in the 48 contiguous states of the United States and Hawaii. We make no representation that the Service is appropriate or available for use in any particular jurisdiction. If you are able to access the Service from other locations, you do so at your own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit or restrict the provision or availability of the Service, and/or any product or service offered in connection therewith, to any person, geographic area, or jurisdiction we so desire, at any time and in our sole and absolute discretion.

14. Termination. This Agreement shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Service, or any portion thereof, at any time upon your material breach of this Agreement, or for any other reason, with or without cause. You may terminate this Agreement and cancel your subscription to the Service at any time upon notice to us, which termination shall be effective upon the expiration of your then-current subscription term, provided such notice of termination is received prior to the end of the then current Term, such notice cancellation of Service to be provided in an manner as provided at www.thechurchonline.com. Upon termination of this Agreement by either party, your right to use the Service shall immediately cease, and you shall immediately remove all materials you have stored on the Service and all copies thereof, whether made under the terms of this Agreement or otherwise, and shall delete the Software from your computer. If you do not remove all materials from the Service, we will delete all such materials within thirty (30) days after the effective date of termination. If we cancel the Service or otherwise terminate this Agreement before the expiration of your then-current subscription term for a reason other than your breach of this Agreement or termination of the Service, we will refund a pro rata portion of any fees paid by you for such term, based on the number of days remaining in the term after the effective date of such termination. Sections 3 (for payment obligations that accrued prior to termination), 4 and 9 through 22 shall survive any termination of this Agreement.

15. Disclaimers. THE SERVICE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SPONSORS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, CORRECT SEQUENCING, TIMELINESS, AND COMPLETENESS OF ANY MATERIALS OR OTHER INFORMATION ON THE SERVICE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES. TO THE EXTENT THAT SUCH WARRANTIES MAY NOT BE DISCLAIMED, THE DURATION OF ANY SUCH IMPLIED WARRANTIES SHALL EXTEND FOR 90 DAYS FROM THE DATE OF REGISTRATION. WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS OR THE SERVICE (OR THE SERVER(S) ON WHICH THE SERVICE IS HOSTED) ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE MATERIALS, AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF OURS OR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, AGENTS, CUSTOMERS, OR USERS, WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SOFTWARE, MATERIALS, THE SERVICE, AND ANY PRODUCTS OR SERVICES OFFERED THROUGH OR IN CONNECTION WITH THE SERVICE ARE ENTIRELY AT YOUR OWN RISK.

In part because of the volume of Materials made available through the Service, a possibility exists that the Materials or the Service could include inaccuracies or errors, or materials that violate this Agreement (specifically, pursuant to Section 7 above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Materials or the Service. In the event that such a situation arises, please contact us at support@thechurchonline.com with, if possible, a description of the material to be checked and/or the location (URL) where such material can be found on the Service, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. Although we attempt to safeguard the integrity of the Service, we make no guarantees as to the completeness or correctness of the Materials or the Service.

16. Waiver of Certain Damages. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SPONSORS, ADVERTISERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ARE OR SHALL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES DUE TO LOSS OF DATA FROM DELAYS, NON-DELIVERIES, MID-DELIVERIES, OR SERVICE INTERRUPTIONS CAUSED BY OUR, OR OUR SERVICE PROVIDERS', NEGLIGENCE OR BY YOUR ERRORS AND/OR OMISSIONS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE MATERIALS, THE SERVICE, ANY DATA, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, OR YOUR USE OF THE MATERIALS OR THE SERVICE, AND/OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE MATERIALS AND/OR THE SERVICE IS TO STOP USING THE SERVICE.

17. Limitation of Liability. THE MAXIMUM LIABILITY OF THE CHURCH ONLINE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SPONSORS, ADVERTISERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO AND USE OF THE SERVICE FOR THE MONTH DURING WHICH SUCH DAMAGE, LOSS, OR CAUSE OF ACTION AROSE OR $100.00, WHICHEVER IS LESS.

18. Indemnification. You agree to indemnify, defend, and hold us, our service providers, licensors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your actual or alleged breach of or default under this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your use or misuse of the Materials; and/or (d) your activities (and the activities of anyone to whom you have given access to the Service) in connection with the Service.

19. Customer Support, Complaints Regarding Service; Release; Your Remedies. We will provide you with support relating to the use of the Service as described on our Customer Support pages located at support@thechurchonline.com. You acknowledge that components of the Service are provided by third party service providers, and not by us. Although we will assist you in forwarding any complaints regarding such components to the applicable third party service provider, you acknowledge that the third party service provider -- not us -- is ultimately responsible for the component at issue and for responding to your complaint regarding such component. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR COMPONENTS OF THE SERVICE OPERATED BY THIRD PARTY SERVICE PROVIDERS, AND YOU HEREBY RELEASE US FROM ANY SUCH RESPONSIBILITY OR LIABILITY. No action, regardless of form, arising out of or in connection with the Service or this Agreement may be brought by you or any party claiming by, through or under you, more than sixty (60) days after the cause of action has arisen.

20. Choice of Law; Arbitration. This Agreement is governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America, without regard to its conflicts of law principles. All disputes arising under or relating to this Agreement or the Service shall be submitted to a single arbitrator under the rules of the American Arbitration Association's Commercial Arbitration Rules and Procedures, as amended by the terms of this Agreement. The arbitration shall take place in the County of Allegheny, State of Pennsylvania. The arbitration shall be conducted in strict confidence. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final, non-applicable and binding. The award may be confirmed and enforced in any court of competent jurisdiction. The arbitrator's power to award damages shall be limited by the terms of this Agreement.

21. Force Majeure. Our failure to perform any obligation otherwise due as a result of governmental action, laws, orders, regulations, directions or requests, or as a result of events, such as war, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of God, telecommunications failure, error in the coding of electronic files, or any causes of like or different kind beyond our reasonable control is excused for so long as such cause exists.

22. Miscellaneous. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This, together with all policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements or understandings between you and us. Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address you provided as part of your registration to use the Service. Without limitation, you agree that this Agreement and all incorporated policies may be automatically assigned by us, in our sole discretion, to a third party at any time for any reason or no reason. This Agreement is not assignable, transferable, or sublicensable by you except with our prior written consent. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to prior, subsequent, or similar breaches. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

23. Notice for California Customers. Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 916-445-1254 or 800-952-5210.