2. Member Responsibilities
3. Software License
4. Fees and Payment
5. Termination of Membership
6. Use of the Service
7. Information on the Service
11. Legal Notices
CFAITH (The "Ministry") is the operator of the CFAITH.com Internet service (the "Service"). The Service is an interactive information, communication and transaction service, used by connecting your receiving and transmitting equipment (normally a personal computer with a modem connected to your telephone line) to the Ministry's network of telecommunications and computer facilities. In addition to communication, information and transaction services, the Service provides access to the Internet by means of the software programs provided by the Ministry and its suppliers. By completing enrollment and accepting all of the terms of this Agreement, you become an authorized user (a "Member") of the Service. Continued acceptance of this Agreement is a condition of membership. If you do not wish to be bound by this Agreement, please do not enroll. The Ministry may change this Agreement at any time, and changes are effective upon notice to Members. If you do not accept the change, you must immediately terminate your use of the Service. By continuing to use the Service, you accept each change. The Ministry may at any time, without notice or liability, change, eliminate or restrict the use of, any features or functions of the Service or limit or change the operation of any feature or function of the Service.
Any information, products and services available on or through the Internet, other than information, products and services clearly identified as being supplied by the Ministry, are provided by other Internet users or independent providers ("Third Party Providers"), and each Third Party Provider owns, maintains and supports its information, products and services. The availability and contents of an Internet site are the responsibility of the Third Party Provider of such site. You acknowledge that portions of the Internet may contain language, pictures or other materials which some individuals may find offensive, inflammatory, of an adult nature, or otherwise objectionable. Such contents are the sole responsibility of the applicable Third Party Provider. The Ministry has no responsibility for or control over such materials and disclaims any and all liability for, and knowledge of, their contents. Your access to such materials is at your own risk. It is your responsibility to use as you see fit Internet access control software of your choosing to limit access to the Internet by any minors that you may permit to use your account. Minors who access the Service are assumed to have parental or guardian consent before accessing the Service.
2. Member Responsibilities
You are responsible for complying with all terms and conditions of this Agreement. You must be an adult and an individual to use the Service. By accepting this Agreement, you confirm you are an adult of at least 18 years of age (19 or 21 where applicable). You are personally responsible for all use of the Service under your Service account even if you allow someone else to use your Service account. Using your Service account for illegal, fraudulent or abusive purposes is grounds for termination of membership, and may be referred to law enforcement authorities. You are responsible for paying for information, products and services ordered from the Ministry or from Third Party Providers through the Service. The Ministry is not a party to any transaction between you and a Third Party Provider, and the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning information, products and services ordered from Third Party Providers are solely between you and the Third Party Provider.
All member-related information that you provide to the Ministry must be accurate, including your name, address, credit or charge card numbers and expiration dates and any Service payment information. You are responsible for keeping such information up to date. You must promptly inform the Ministry if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your Service account, password or any credit or charge card number provided to the Ministry at enrollment. Until the Ministry is notified of a breach of security (by notice given as described in Section 8), you will remain responsible for any unauthorized use of your Service account. (Liability for use of credit or charge cards is subject to your agreement with the card issuer.)
The National Change of Address (NCOA) service uses data compiled from the United States Postal Service (USPS) Change of Address forms. You acknowledge and agree that the Ministry may update the membership database on a quarterly basis using the NCOA service. This will allow the Ministry to obtain a change of address, and to standardize existing addresses to USPS guidelines.
The Service is provided for your personal use only. Unless you have the Ministry's express written consent, you may not resell it, in whole or part, or otherwise commercially exploit it, or assign or transfer your membership to anyone else. All aspects of the Service, except that portion provided by Third Party Providers, is copyrighted property of the Ministry.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE MINISTRY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH: (I) ANY BREACH OF THIS AGREEMENT BY YOU, (II) YOUR USE OF THE SERVICE, SOFTWARE PROVIDED BY THE MINISTRY AND ITS SUPPLIERS, AND THE INTERNET; AND, (III) ANY IMPROPER OR ILLEGAL USE BY YOU OR ANYONE WHO USES YOUR ACCOUNT WITH YOUR DIRECT OR INDIRECT PERMISSION.
3. Software License
All software provided to you by the Ministry, each revised version thereof, and any beta test software that you choose to use (the "Software"), is licensed to you by the Ministry only for your personal use in connecting to and using the service (and no other service), and for no other purpose. You may use or copy it only as instructed by the Ministry. Use or copying for any other purpose is prohibited and is a breach of this Agreement. The Software files remain the property of the Ministry at all times, and the Ministry may make changes to the number and/or content of these files directly while you are connected to the Service. You accept the terms of this license by using the Software. This license will terminate upon termination of your membership. At that time, you must return the Software to the Ministry or destroy it.
The Ministry is not responsible in any way for any computer programs or devices intended for use in connection with the Software, the Service or the Internet, even if such programs or devices are advertised or made available through the Service.
You acknowledge the Software is proprietary and confidential to the Ministry. This Agreement does not convey any rights of ownership to you; title to and ownership of all rights in trademarks, service marks, patents, copyrights, trade secrets and other intellectual property in the Software and any copy shall remain with the Ministry. You shall not transfer, sublicense, copy, reverse engineer, decompile, disassemble, translate or otherwise alter or modify the Software.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE MINISTRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MINISTRY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MINISTRY OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA, USE OR INFORMATION, EVEN IF THE MINISTRY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. The Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign person" as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are agreeing to the foregoing and you are warranting that you are not a "foreign person" or under the control of a foreign person.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement.
4. Fees and Payment
You are responsible for paying all fees and charges (plus applicable taxes) associated with use of the Service under your ID, including those incurred for premium, extra-fee features or options. By authorizing the Ministry to charge a credit or charge card, or debit a bank account by electronic funds transfer for service fees and charges, you are authorizing the Ministry to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the credit issuing entity and such entity informs the Ministry of such new replacement card account) or debiting that bank account during your membership.
The Ministry may, upon notice required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. Unless otherwise stated, all amounts are in U.S. Dollars.
If you believe you have been billed in error for any aspect of the Service, you must challenge it within 60 days of the billing date by contacting and expressly informing CFAITH Account Support. The Ministry will not issue refunds, in whole or in part, after the expiration of this 60-day period.
5. Termination of Membership
Either you or the Ministry may terminate the membership at any time and without cause. The only right with respect to dissatisfaction with any policies, guidelines or practices of the Ministry in operating the Service, any change in features or functions, or any change in the amount or type of fees and charges associated with the Service, is for you to terminate the membership by notice to the Ministry.
Under our monthly plans, if after the first twenty-eight (28) days of your membership you voluntarily cancel your account, no refund, including any membership fees or portions thereof, shall be granted. Charges for premium or extra fee features, supplemental access charges and phone Ministry charges cannot be refunded at any time. You will be charged for any extra fee features you subscribe to or use during that period's billing cycle. If you enroll in a pre-paid quarterly, semi-annual, or annual membership plan (or other pre-paid plans), you may cancel your plan, but you will only be entitled to a refund as is specified under the terms and conditions of that plan.
The Ministry may terminate your membership, or suspend any individual Member's access to the Service, without notice, for conduct that the Ministry believes is a violation of this Agreement or any policies or guidelines posted by the Ministry on the Service, or for other conduct that the Ministry believes harmful to other Members, to Third Party Providers or to the Service or the business interests of the Ministry. If you file a claim against the Ministry, or a claim which in any way involves the Ministry, then the Ministry may terminate your membership. Upon termination of your membership by the Ministry for any reason, you shall not establish a new membership in any CFAITH.com service, for five years from the date of termination. Upon termination of your membership, the Ministry shall have no obligation to notify any third parties nor shall the Ministry be responsible for any damages that may result or arise out of termination of your membership. Termination or suspension by the Ministry of service to a Member also constitutes termination or suspension (as applicable) of that Member's license to use the Software.
6. Use of the Service
The Ministry may deliver any required or desired notice to Member by posting the notice on the Service, posting the notice in the Members section of the www.cfaith.com site located at http://www.cfaith.com/support, or by posting the notice on another web site about which Member has been notified or by sending notice via email or first class U.S. postal mail to Member's address of record or email address on the Ministry's account records. Member agrees that any one of the foregoing will constitute sufficient notice. Because the Ministry may from time to time notify Member about important information regarding the Service and the Agreement by such methods, Member agrees to regularly check his or her postal mail, email and all postings on the Service, in the Members section of the www.cfaith.com site located at http://www.cfaith.com/support and on any other web site about which Member has been notified and bear the risk of failing to do so.
You acknowledge that the Service is intended for access to and use of electronic mail, newsgroups, Internet relay chat, the Internet, and any other proprietary or non-proprietary services that the Ministry makes available to its members.
You shall not use the Service to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers, or web servers. It is also not within the purposes of the Service to use your account to run a ministry or commercial enterprise (except for the limited exceptions as provided in the Personal Web Pages guidelines), including the use of your account to host a Web server.
CFAITH provides unlimited access to its Service; however, unlimited does not mean dedicated use. An unlimited user is one who can access the Service anytime day or night with no restrictions on time-of-day or geographical locations. Unlimited Service is intended for those who actively use the connection while sitting at their computer; when the user is finished, he or she must log off. Continuous and sustained excessive account activity is a violation of community objectives.
The Ministry provides the Service to you as an individual as well as to the community of Service Members. In order to provide an accessible and affordable network for all, Members are expected to act as part of that community. High levels of activity on the Service reflect uses not in keeping with community objectives. Excessive use includes, but is not limited to: the use of the Service on an inactive basis, that is, keeping your account active and online with the Ministry's network without your actual interaction with or use of the web browsing, interactive features, or email services provided by or through the Ministry; continuous and sustained excessive account activity; and, the use of methods or automated programs to defeat systems which limit inactivity (such as stock tickers or pinging programs, etc.). The use of your account by more than one person at a time or from more than one location or computer at a time is strictly prohibited. Due to your violations of community objectives through such high activity, the Ministry may do one or all of the following: seek a clarification of your activity patterns; automatically disconnect your session for such violations or for a period of inactivity, which period will be within the Ministry's sole discretion; or, cancel your account.
You are responsible for providing all equipment, devices and software (other than the Software) necessary to receive the Service. The Ministry will provide telephone numbers to connect to the Service. You are responsible for selecting the best number for you, and for all telephone fees and charges associated with the use of the telephone number you select. Use of the Service (or portions thereof), and of specific telephone numbers, is subject to interruptions at the Ministry's discretion or beyond the Ministry's control.
Subscribers may incur long-distance and other phone charges for the use of access numbers depending on their location and local calling plan. The access number locations may not correspond to your local phone company's calling areas and therefore need to be carefully selected. Please check the access number you select with your local phone company to make sure that the number you have selected is a local call.
Unauthorized access to the Service, to restricted portions of the Service, or to the telecommunications or computer facilities used to deliver the Service, is a breach of this Agreement and a violation of law.
It is your responsibility to keep your password secret and to change it frequently. You agree that your Service account will be used by one person at a time. You may not use another Member's Service account without the specific consent of that Member. Unauthorized use of another Member's Service account, or improper solicitation of another Member's password, are grounds for termination of your membership, and may be a violation of law.
You may not use the Service to submit, copy, upload, post, publish, transmit, reproduce or distribute information, software, or other material which is protected by copyright without the specific authority of the copyright owner; doing so is a breach of this Agreement and may subject you to legal liability. You are responsible (and could be held liable to others) for all submissions from your Service account.
Information pertaining to Members of the Service, their email address, and/or their Service account - which the Ministry makes available to its Members (for instance, Member Lists and Community Rosters) - are provided for your personal use only. You are strictly prohibited from accessing, downloading, printing, emailing, transferring, posting, selling, sharing, or otherwise using any Member's information referred to in this paragraph for any non-personal, commercial, unlawful or illegal purposes.
You are expressly prohibited from sending the same or substantially similar unsolicited electronic mail message, whether commercial or not, to fifty (50) or more recipients, and from posting to a newsgroup, bulletin board, or message board, the same or substantially similar unsolicited note, whether commercial or not, twenty-five (25) or more times per day through the use of the Service, the Ministry's equipment, or in connection with any Ministry email address, Ministry domain name, or any Ministry trademark including the word "CFAITH.com". The failure to enforce any provision of this Agreement, including this paragraph, shall not constitute a waiver of any or all of Ministry's rights, including the right to receive compensation for such unintentional or deliberate violations of this Agreement, regardless of when such violations occurred.
7. Information on the Service
THE MINISTRY DOES NOT ENDORSE, ASSERT OR STAND BEHIND THE TRUTHFULNESS OR RELIABILITY OF OPINIONS, ADVICE OR
STATEMENTS GIVEN OR MADE BY ANYONE OTHER THAN AUTHORIZED MINISTRY SPOKESPERSONS IN ANY MANNER ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, IN PUBLIC POSTINGS AREAS OF THE SERVICE. EXPERTS, INFORMATION PROVIDERS AND "MEMBER REPRESENTATIVES" ON THE SERVICE ARE NOT AUTHORIZED MINISTRY
Opinions, advice and all other information expressed by anyone on the Service, including information providers under contract with the Ministry ("Information Providers") represent their own views and not those of the Ministry, and should not be relied on for important personal decisions. For individual situations, specific professional advice should be sought.
The Service lets you share information with other Members as well as with users of the Internet who are not Members. You agree not to use the Service to send, store, or submit for public posting any obscene, sexually explicit, or illegal material (including material the transmission of which violates any applicable law) or material which violates Internet standards or customs. The Ministry reserves the right (but is not obligated) to review and remove any material submitted for display or placed on the Internet, excluding private email. The Ministry may remove from the Internet any material that the Ministry believes violates this Agreement, any policies or guidelines posted by the Ministry on the Service or any Internet standards or customs, or is harmful to other Members, to Third Party Providers, or to the Service or the business interests of the Ministry. You are responsible for material sent through or displayed on the Service under your Service account, even if a claim should arise after termination of your membership.
The Ministry will comply in all respects with the Electronic Communications Privacy Act of 1986, as amended, ("ECPA") relating to private email sent or received through the Service, as well as other personal information members have provided. The Ministry will not inspect the contents of private email, or disclose their contents to anyone other than the writer or an intended recipient, without the consent of either the writer or an intended recipient, except as permitted or required by law. The ministry may establish time limits and/or other criteria under which private email will be automatically removed from your online mailbox. The Ministry will have no responsibility for retaining or delivering private email that are located in a Member's online mailbox at the time of that Member's suspension or termination, or that are addressed to such Member thereafter. Subject to the subpoena, warrant and court order provisions of ECPA, the Ministry must provide member information to the proper authorities.
A "public postings area" of the Service is any area where Members may submit material ("Submissions") for viewing by other Members or by non-Members using Internet facilities, and view Submissions by other Members or by non-Members using Internet facilities, including but not limited to, bulletin boards or chat rooms, and similar Internet facilities, even if such area is not available to all Members. You agree to use public postings areas only in accordance with this Agreement, any policies and/or guidelines for the area that are displayed on the Service and Internet standards or customs.
You may not submit copyrighted material to public postings areas without the specific authority of the copyright owner; doing so is a breach of this Agreement and may subject you to legal liability. BY SUBMITTING MATERIAL TO A PUBLIC POSTINGS AREA, YOU AGREE TO INDEMNIFY THE MINISTRY, AND ITS INFORMATION PROVIDERS, THEIR EMPLOYEES AND CONTRACTORS, AND HOLD THEM HARMLESS FROM ALL CLAIMS, INCLUDING CLAIMS FOR LIBEL AND SLANDER, ARISING FROM THE SUBMISSION. Remember: You are responsible (and could be held liable to others) for all submissions from your Service account. Neither the Ministry nor its Information Providers shall be responsible or have any liability for material displayed in a public postings area unless posted by its authorized spokesperson. Experts, Information Providers and "Member Representatives" are not authorized Ministry spokespersons.
By submitting material to a public postings area you are irrevocably granting the Ministry permission to do anything the Ministry may choose with all parts of the Submission, as if it were in the public domain, including modifying it or using it commercially and authorizing others to do so. You are also irrevocably granting everyone else (including non-Members) permission to reproduce and/or redistribute all or parts of your Submission in any form for non-commercial purposes. In addition, anyone is free to use information contained in a Submission for any purpose, at their own risk.
The Ministry may establish time limits and/or other criteria under which Submissions will be automatically removed from public display. The Ministry has the right, but is not obligated, to maintain archives of Submissions, regardless of whether they were actually posted on the Service, and the Ministry may use or disclose archived Submissions in any manner it deems appropriate.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SOFTWARE AND INTERNET IS AT YOUR SOLE RISK. THE SERVICE IS MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE" BASIS. NEITHER THE MINISTRY NOR ANY SUPPLIER, LICENSOR, EMPLOYEE, AGENT, OR CONTRACTOR MAKES ANY WARRANTY WHATSOEVER REGARDING THE SERVICE OR THE INTERNET, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE OR THE INTERNET (INCLUDING WITHOUT LIMITATION THE MINISTRY SOFTWARE LICENSED HEREUNDER), OR ANY RESULTS TO BE OBTAINED THROUGH THE USE THEREOF, AND THE MINISTRY HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ALL SUPPLIERS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, SECURITY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ANY LIABILITY OF THE MINISTRY, ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO THE MINISTRY BY OR ON BEHALF OF THE MEMBER FOR SERVICE MEMBERSHIP FEES (EXCLUDING FEES FOR SEPARATELY CHARGED EXTRA FEE FEATURES OR OPTIONS) IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
IN NO EVENT SHALL THE MINISTRY, ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, SOFTWARE OR INTERNET, OR ANY BREACH OF ANY WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Legal Notices
As required by California Civil Code Section 1789.3, this notice is to advise you of the following:
(a) If you have a complaint or desire further information about the CFAITH.com Internet service, contact CFAITH in writing at PO Box 29267, Minneapolis, MN 55429 (Attention: Account Support); by telephone at 1-763-488-7800 or by electronic mail by selecting http://www.cfaith.com/support to navigate to the CFAITH.com Internet Help Center and then clicking on the appropriate link to send email to the Ministry.
(b) The monthly charge for the CFAITH.com Internet service varies depending on the service plan you have selected. For a description of all service plans and their respective charges, go to the My Account area in the CFAITH Members area. The ministry reserves the right to change the amount of any fee or charge, and to institute new fees or charges, effective upon notice to the Membership Holder.
(c) The Complaint Assistance Unit (Consumer Information Center) of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at 1-916-445-1254 or 1-800-952-5210.
Originally Posted: 10/01/2000 00:00