Terms of Service
UACLutheran offers web content and services. As part of that service we offer web site hosting for churches and eligible church workers who unconditionally subscribe to the Book of Concord. Our basic service is free, and we offer paid upgrades for advanced features such as custom domain hosting and extra storage. Our service is designed to give you as much control and ownership over what goes on your site as possible. As such, we allow members to post content on this site and endeavor to give each member the freedom to express itself in any way it sees as appropriate. We do expect, however, that administrators and individuals posting on this site will be responsible in what they publish. In particular, all users of this site are expected to make sure that none of the prohibited items listed below appear on the site(s) or get linked to from your site (things like spam, viruses, or hate content).
(Note: This document is available under a Creative Commons Sharealike license, which means you’re more than welcome to copy it and repurpose it for your own use, just make sure to replace references to us with ones to you. Permission to use and copy this policy is not an offer to provide legal advice and does not imply an offer to provide legal advice. UACLutheran is not authorized to provide any sort of legal advice. If you chose to exercise your permission to use this policy for your own website, it is recommended that you have your attorney review this policy and its applicability to your situation.)
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by UACLutheran, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your UACLutheran Account and Site. If you create a website in the UACLutheran network, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and UACLutheran may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause UACLutheran liability. You must immediately notify UACLutheran of any unauthorized uses of your blog, your account or any other breaches of security. UACLutheran will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.If you operate a site, comment on a posting within a site, post material to a Website within the UACLutheran network, post links on a Website within the UACLutheran network, or otherwise make (or allow any third party to make) material available by means of any Website within the UACLutheran network (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your UACLutheran Website or content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your UACLutheran Website or content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by UACLutheran or otherwise.
By submitting Content to UACLutheran for inclusion on any Website in the UACLutheran network of sites, you grant UACLutheran and our partners and service providers a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, UACLutheran will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Content submitted to the UACLutheran Syndication Network grants additional permissions to UACLutheran and syndication partners. Please review the TERMS OF SERVICE for the Syndication Network for additional information.
Without limiting any of those representations or warranties, UACLutheran has the right (though not the obligation) to, in UACLutheran’s sole discretion (i) refuse or remove any content that, in UACLutheran’s reasonable opinion, violates any UACLutheran policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in UACLutheran’s sole discretion. UACLutheran’s will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Optional paid services such as extra storage, domain purchases, or syndication services are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay UACLutheran the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day that your service begins and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal.
Unless you notify UACLutheran before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time, however, prepaid fees are non-refundable. Cancelled services will cease to operate at the expiration of the period for which prepayment was received.
- General Terms.
- Additional Services.
- Fees; Payment. By signing up for a additional services account you agree to pay UACLutheran the setup fees and monthly hosting fees associated with the requested service. Applicable fees will be invoiced starting from the day your service(s) is (are) established and in advance of using such service(s). UACLutheran reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Such notice may be delivered by postal mail or to the email address we have on record for the service at our option. Services can be cancelled by you at any time on 30 days written notice to UACLutheran. Cancellation notices delivered by email are not considered received unless an acknowledgment is received by the customer.
- Support. Some additional services include access to priority email support. “Email support” means the ability to make requests for technical support assistance concerning the use of the paid services by email at any time (with reasonable efforts by UACLutheran’s to respond within one business day). “Priority” means that support for paid services customers takes priority over support for users of the standard, free website services. All services support will be provided in accordance with UACLutheran’s standard services practices, procedures and policies.
- Responsibility of Website Visitors. UACLutheran has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, UACLutheran does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. UACLutheran disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages which are linked to from the UACLutheran network of sites and that link to a site in the UACLutheran network. UACLutheran does not have any control over those non-MI Preschools websites and web pages, and is not responsible for their contents or their use. By linking to a non-UACLutheran website or web page, UACLutheran does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. UACLutheran disclaims any responsibility for any harm resulting from your use of non-UACLutheran websites and web pages.
- Copyright Infringement and DMCA Policy. As UACLutheran asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by UACLutheran violates your copyright, you are encouraged to notify UACLutheran immediately at DMCA@uaclutheran.com. UACLutheran will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. UACLutheran will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of UACLutheran or others. In the case of such termination, UACLutheran will have no obligation to provide a refund of any amounts previously paid to UACLutheran. Furthermore, visitors agree to reimburse UACLutheran for all time, materials, and services including but not limited to attorney fees and court costs, associated with their infringement.
- Intellectual Property. This Agreement does not transfer from UACLutheran to you any UACLutheran or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with UACLutheran. All trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any UACLutheran or third-party trademarks.
- Advertisements. UACLutheran reserves the right to display advertisements on your UACLutheran network website unless you have purchased an Ad-free Upgrade or other special services account that includes an Ad-free Upgrade.
- Themes, Plugins and Optional Features. Your use of certain themes, plugins and optional features on your website may be governed by additional Terms and Conditions. By activating a themes, plugins or other optional features, you agree to abide by the terms of service associated with that feature. You can opt out of the terms of service associated with such themes, plugins, and other optional features at any time by de-activating the theme, plugin, or other optional feature.
- Changes. UACLutheran reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to UACLutheran websites and services following the posting of any changes to this Agreement constitutes acceptance of those changes. UACLutheran’s may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. UACLutheran may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your UACLutheran network account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have paid for services from UACLutheran, your account for these services can only be terminated by UACLutheran if you materially breach this Agreement and fail to cure such breach within thirty (30) days from UACLutheran’s notice to you thereof; provided that, UACLutheran can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. UACLutheran and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither UACLutheran nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will UACLutheran, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MI Preschools under this agreement during the twelve (12) month period prior to the cause of action. MI Preschools shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless UACLutheran, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and services, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between UACLutheran and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of UACLutheran, or by the posting by UACLutheran of a revised version on its website. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Macomb County, Michigan. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Warren, Michigan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; UACLutheran may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.