This document outlines the Terms of Service for using the NonProfitSites™ Content Management System (CMS). The agreement is between the organization that signs up to use the CMS for their website or an organization that desires a product demo (the 'Subscriber') and NonProfitSites (the 'Provider'). The goal of this document is to outline the expectations and acceptable use of the NonProfitSites™ CMS.
Use of the Provider's CMS does not require a long-term contract. This agreement is month-to-month. We are confident that any organization that uses the system will be extremely pleased with its capabilities and flexibility to allow almost anyone to manage information on the website.
1. Purpose of Agreement:
Subscriber desires to utilize Provider's Internet services for the purpose of maintaining a presence on the World Wide Web. Provider is ready, willing and able to provide services and agrees to do so under the terms and conditions set forth in this Agreement.
2. Services to be Provided:
Provider agrees to provide Subscriber with access to the CMS for the purpose of maintaining the Subscriber's website. Provider will provide all the necessary system requirements to run the CMS on the World Wide Web. Exact services required, including disk space and bandwidth requirements, are defined by the System Use package chosen by the Subscriber.
Subscriber agrees to pay for monthly System Use on a quarterly basis. Payment must be made via credit card or online check on the first day of each quarter (January 1 - April 1 - July 1 - October 1). Other terms may be available upon request. The Subscriber's monthly fee is determined by the exact services required, as mentioned in Section 2 above. Dedicted server hosting is a 12 month term from the initial billing date or any modified billing date. Provider reserves the right to suspend or discontinue service for any Subscriber who is more than 30 days past due for services rendered.
Provider retains the right to terminate the service of any client who infringes or violates any terms of service as listed here.
5. Subscriber Obligations:
The Subscriber agrees to use the system as defined by this agreement. The Subscriber recognizes Provider's need to uphold the law and website standards set forth in this agreement. The Subscriber therefore agrees to the following:
- All content uploaded to the Subscriber's website is the property of the Subscriber's organization, or the Subscriber has obtained official permission from the content's rightful owner to display the content. This 'content' includes, but is not limited to: copyrights, trademarks, patents, graphics, photos, logos, intellectual property, written articles, or text of any kind that was taken from a third party source.
- Subscribers that use transaction based systems will protect credit card data per the Payment Card Industry (PCI) Data Security Standard required by the credit card processors. The Subscriber is also responsible to manage system passwords and access to client information through their online portals. The Provider and Provider's systems are PCI compliant.
- The Subscriber will adhere to all Federal, State, and Local laws concerning the collection and dissemination of personal information taken from users through Subscriber's site.
- Will not use any of the CMS to send unsolicited emails, otherwise known as spamming.
- Will not post any content that is considered illegal under the law.
- Will not post any content that can be considered obscene, profane, libelous, or racist in nature.
- Will not post any content that is pornographic.
- Will not post any programs or files that are protected by copyrights against duplication.
- Will not post any programs that are malicious in nature, i.e. virus, worm, etcÃ¢â‚¬Â¦
The System - Provider owns all rights to all files, technology, and branding that comprises the CMS and any associated graphics or graphical templates. This includes any enhancements or upgrades that the Subscriber may pay for including any Design+ Templates integrated into the CMS.
The Content - The Subscriber owns any content that is input through the CMS system. The Subscriber is therefore liable for all content on the site.
Both Provider and the Subscriber agree to protect the information and rights each has in regards to The System and The Content. The Subscriber further agrees that the CMS, its structure and applications, are the sole property of Provider and that the Subscriber will not use its own access or give access to any third party to view the CMS to reverse-engineer any portion, in part or in whole, of the CMS.
7. Limited Warranty and Liability:
The CMS is provided 'as is' without any warranties. Provider is not liable for any network, hardware, or software failures. If a Subscriber is dissatisfied with the service, the Subscriber can cancel the service with written notification to the Provider (see sections 9 and 10 below). No warranty is made by Provider regarding any information, service or product provided through, in connection with, or located on the computers of Provider, and Provider hereby expressly disclaims, to the extent permitted by law, any and all warranties, including without limitation: (i) any warranties as to the availability, accuracy, or content of information, products, or services, and (ii) any warranties of merchantability or fitness for a particular purpose.
8. Prohibition of Illegal Content and Activity:
Subscriber agrees to abide by all copyright, obscenity, and other laws governing content of publications in the United States of America and the State of Illinois. Furthermore, Subscriber agrees that Provider shall in no way be liable or held legally accountable for the content of Subscriber's materials or information stored on or transmitted from Provider's computers. If, in the opinion of Provider's legal counsel, Subscriber's materials or information violate federal or state law, said materials may be removed or the website shutdown without warning or compensation.
Subscriber shall indemnify and hold harmless Provider, its officers, directors, agents, representatives, employees, successors, assigns and related entities (the "Indemnitees") from and against any and all claims, causes of action, liabilities, losses, damages, costs and expenses of any kind, including, without limitation, attorneys' fees, litigation costs and court costs, incurred or paid by any Indemnitee, relating to or arising out of, in whole or in part, any alleged acts or omissions of Subscriber, including, but not limited to, any such alleged act or omission that assertedly violates or is inconsistent with these Terms of Service.
10. Agreement Period:
This agreement is in force as long as Subscriber is using Provider's services. Either party may terminate this agreement by giving 30 days' advance written notice to the other party. If neither party provides the other with a 30-day advance written notice of intent to terminate this agreement, it shall be automatically extended for the next month under the same terms of this agreement. This requirement of written notice shall not apply to termination of service by Provider in case of either late or non-payment as described in section 3 above, or of illegal activity as described in sections 5 and 9 above.
11. Termination of Agreement:
- Each party has the right to terminate this Agreement upon 30 days' written notice to the other party.
- Upon termination of this Agreement for any reason, each party shall be released from all obligations and liabilities to the other occurring or arising after the date of termination. However, any termination of this Agreement shall not relieve Subscriber from the obligation to pay Provider for services rendered prior to receipt of the notice of termination and for work performed or hours reserved for Client during the 30 day termination notice period. There are no refunds on hosting payments. Further, no termination of these Terms of Service shall relieve Subscriber of its obligations to indemnify Provider under Paragraph 9 of these Terms of Service.
12. General Provisions:
- This Agreement is the sole and entire Agreement between the parties relating to the subject matter hereof, and supersedes all prior understandings, agreements and documentation relating to such subject matter. Provider reserves the right to make amendments to this agreement at its sole discretion.
- If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
- This Agreement will be governed by the laws of the State of Illinois without regard to conflict of laws principles.
- This Agreement does not create any agency, partnership or joint venture relationship.
- This Agreement is not assignable by either party without the prior written consent of the other.
- Stratum Development, Inc., parent company of NonProfitSites, is an Illinois corporation.
- Final approval and processing of your order will be done by our home office in Wheaton, Illinois.