Terms and Conditions
Thank you for your interest in using StartCHURCH Cloud! These terms of service ("Terms") cover your use of, and access to, the services, client software and websites provided by StartCHURCH Georgia, Inc. ("Services"). StartCHURCH Georgia, Inc. is referred to in these Terms as “We,” “Us” or “our,” depending upon the context. The person or organization using the Services will be referred to in these Terms as “You” or “Your,” depending upon the context.
If you are using our Services for an organization, by using the Services, you agree to these Terms on behalf of that organization and represent that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with StartCHURCH and are not barred under any applicable laws from doing so. The Services and these Terms may continue to change over time as we refine and the Services add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion at any time without notice to You. We may modify these Terms at any time without prior notice to You by posting modified Terms on our Website.
Some of the Services you may have purchased are provided to you indefinitely. This means that we provide each service so long as it is an active service that we provide. We reserve the right to stop providing any and all Services at any time in our sole discretion.
The Services you purchased may have a 12-month automatically renewing term. You are automatically signed up to our auto renew program. Sometime before the end of your 12-month term, we will send an email to the email address we have on record to notify you that your 12-month term is automatically renewing, and to also let you know that on the date specified, we will charge your credit card the then-current annual fee for the applicable Services and extend your services for an additional 12-month term.
Some of the Services you may be receiving from us are on temporary trial periods as specified in your order. At the end of the trial period, we will automatically charge your credit card to convert the Services to a term specified in your purchase invoice.
All information stored by StartCHURCH in StartCHURCH Cloud will be destroyed 90 days after the day Services are terminated or suspended by you, or by us, unless we are required to preserve such information by applicable law or order of a court or government agency. All information stored by StartCHURCH in StartCHURCH Cloud will be destroyed 90 days after the day services are terminated or suspended by us.
Your Stuff & Your Privacy
When using our Services you provide us with information, files, and folders that you submit to StartCHURCH Cloud (hereinafter, “your stuff”). Between you and us, you retain full ownership of your stuff. However, notwithstanding the foregoing, by using the Services and thereby accepting these Terms, you agree to provide us the limited rights to your stuff as necessary or convenient to run the Services, as explained below. Your stuff posted on our Services must comply with these Terms and applicable guidelines. By providing your stuff in connection with the Services, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns the right to use, reproduce and modify any such material for purposes of providing the Services.
You represent and warrant that:
- You own or control all rights in and to your stuff and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors and assigns and to grant the permissions described below; and
- All of your stuff complies with these Terms.
We need your permission to do certain things you ask us to do with your stuff – e.g., hosting your files, or sharing them at your direction. Such permission may include granting us the right to do things with product features that are visible to you – e.g., make copies for purposes of producing image thumbnails or document previews, or to technically administer our Services – e.g., repeatedly backing up data to keep it safe. By using the Services, you give us the permissions we need to do those things solely to provide the Services. Such rights and permissions also extend to trusted third parties we work with to provide the Services.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to provide your stuff to us in connection with Services or to comply with these Terms.
Although StartCHURCH may choose to review your stuff for compliance with these Terms and our community guidelines, you acknowledge that StartCHURCH has no obligation to monitor any of your stuff or information of others on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Files and other content in the Services may be protected by intellectual property rights of others. You agree not to copy, upload, download, or share files in connection with the Services, unless you have the right to do so. You acknowledge that you, not StartCHURCH, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not StartCHURCH, are responsible for maintaining and protecting all of your stuff. StartCHURCH will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate us, any employee of StartCHURCH, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
You are responsible for safeguarding the password that you use to access the Services. By using the Services and therebyaccepting these Terms, you affirm that you will not disclose your password to any third party or display or record it in any place or medium that is at risk of being discovered by any third party. You are responsible for any activity using your account, whether you authorized that activity or not. You should immediately notify StartCHURCH of any unauthorized use of your account. You acknowledge that it is your responsibility to use a secure encrypted connection to communicate with the Services in order to protect your transmission of data or files to StartCHURCH.
StartCHURCH Property and Feedback
These Terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. We appreciate it when users send us feedback; however, by using the Services you grant us perpetual permission to use any feedback, comments, or suggestions you send us or post in our forums in any medium without any obligation to you.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and you will use the Services only in a manner consistent with the StartCHURCH Acceptable Use Policy.
StartCHURCH respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using the contact information below. We reserve the right to delete or disable content that is alleged to infringe one's copyright and to terminate the Services of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
PO Box 465017
Lawrenceville, GA 30042
The Services may contain links to third-party websites or resources. StartCHURCH neither endorses nor claims responsibility for the availability, accuracy, related content, products, or services of third party websites. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Although we would prefer that you remain a client with us, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. In addition, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your access and use, we will try, if reasonable, to let you know in advance and help you retrieve data; however, there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access to, and use of, the Services immediately.
StartCHURCH Cloud is Available “AS-IS”
We strive to provide great Services, but THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, WITH ALL FAULTS, AT YOUR OWN RISK, AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, ANY CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKE(S) THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, CONTENT ON THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO YOUR USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By accepting these services, you affirm that StartCHURCH will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software or your inability at any time to do so. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STARTCHURCH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT STARTCHURCH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IN ANY AMOUNT MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO STARTCHURCH FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version be posted on our website will apply to your use of Services at that time. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). We may post other changes to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services and inform us, in writing, that you reject the revised terms.
You agree to defend, indemnify and hold us, and our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your stuff, any use of the Services' content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
Miscellaneous Legal Terms
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in the City of Atlanta and County of Fulton. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms constitute the entire and exclusive agreement between you and StartCHURCH with respect to the Services. These Terms supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. StartCHURCH’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void and without effect. StartCHURCH may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. StartCHURCH and you are not legal partners or agents; instead, our relationship is that of independent contractors.
StartCHURCH Does Not Provide Legal Advice
Although StartCHURCH obtains advice and assistance from lawyers in many jurisdictions, StartCHURCH is not a law firm and does not provide legal advice to others.
StartCHURCH employs a CPA and an attorney who are authorized to practice before the Internal Revenue Service, and those professionals may be able to provide you with certain specific advice regarding federal tax issues, at your request. In all other respects, document packages available from StartCHURCH provide general legal information for self-help, but we do not and cannot give you advice that is specific to your situation. We do not review the information you provide us for sufficiency or accuracy under the law, and we do not apply the law to the facts concerning your church. Information provided by StartCHURCH is not a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. We encourage you to consult with a licensed attorney in your state for advice specific to your issues.
If you need and want legal advice apart from federal tax issues, we may be able to introduce you to a lawyer licensed in your jurisdiction who can assist you if you choose. StartCHURCH is not a Lawyer Referral Service, and any such introduction is without charge by StartCHURCH and is for informational purposes only. StartCHURCH does not endorse any such attorney and does not warrant his or her qualifications or competency.