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TERMS OF SERVICE

TERMS OF SERVICE

Effective August, 2007
Thank you for using this Media Portal promotional web site and/or any other Media Portal product or affiliate promotional website. You are agreeing to the following Terms Of Service ("TOS") for all of the aforementioned products, services and/or websites.

The Terms Of Service contained in this document ("TOS") apply to and govern your use of both Media Portal product and services and any/all affiliated promotional websites. Before using our Media Portal Service, and/or any affiliated Media Portal promotional website, please read these TOS in their entirety as well as all other documents incorporated by reference into these TOS. As used herein, any references to "your" or "you" shall include you and any authorized user of your account with the Services and any references to "our", "we" or "us" shall mean our Media Portal product and services, this website, and/or any affiliated promotional websites for Media Portal.

The owner of this website reserves the right to update and change the TOS from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://www.churchmediaportal.com/tos.php

COPYRIGHT
Customer agrees not to use this website and/or Media Portal products and services to transmit in any way material to which you do not own a copyright or have the appropriate permission to use. This includes, but not limited to, copyrighted music, video with copyrighted music, copyrighted videos, tv broadcasts, or copyrighted movies.

Customer shall, at its own expense, comply with all laws, regulations and other legal requirements that apply to it in conjunction with its use of this website and/or Media Portal products and services, including copyright, privacy and communications decency laws. This website and/or Media Portal products and services does not allow pornographic, sexually explicit, slanderous, illegal, or violent nature content. Any Customer that posts any of the content listed may be deactivated immediately, and no refund will be granted for non-usage due to this violation.

SECURITY
Customer will not violate or tamper with the security of this website and/or Media Portal products and services, including computer equipment, software, code or programs for any reason. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. The owner of this website and/or Media Portal products and services will investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected.

ACCOUNT TERMS
You must be 18 years or older to use this Service.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Your login may only be used by people hired and staffed by your organization.

You are responsible for maintaining the security of your account and password. The owner of this website and/or Media Portal products and services cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

Customer is not permitted to block ads or messages.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
A valid credit card is required for paying accounts.

If you initially sign up for an account, you will be billed monthly starting on the day your account was initially created.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account, nor is there any refund should your account be terminated due to violation of Terms Of Service (TOS). In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle, as well as the appropriate administrative fees related to that transaction.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The owner of this website and/or Media Portal products and services does not accept any liability for such loss.

CANCELLATION AND TERMINATION
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging in to the Content Management System of your Media Portal. The Content Management System provides a simple no questions asked cancellation link, which you can locate by clicking on the MY ACCOUNT tab in your Content Management System.

Your Media Portal page, and all of your content will be immediately, permanently and irreversibly deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

The owner of this website and/or Media Portal products and services, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other related or unrelated service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The owner of this website and/or Media Portal products and services reserves the right to refuse service to anyone for any reason at any time.

MODIFICATIONS TO THE SERVICES AND PRICES
The owner of this website and/or Media Portal products and services reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon advanced notice from us. Such notice may be provided at any time by posting the changes to this web site or the Media Portal service itself.

The owner of this website and/or Media Portal products and services shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

COPYRIGHT AND CONTENT OWNERSHIP
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, any content uploaded to your Media Portal, you agree to allow others to view and share your Content.

The owner of this website and/or Media Portal products and services does not pre-screen Content, but the owner of this website and/or Media Portal products and services and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The look and feel of the Service is Copyright 2007. All rights reserved. You may not duplicate, copy, or reuse any portion of the Flash/HTML/CSS or any other code, nor any visual design elements without express written permission from the owner of this website and/or Media Portal products and services.

GENERAL CONDITIONS
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is only provided to paying account holders and is only available via the support section of this website.

You understand that the owner of this website and/or Media Portal products and services uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, this website, or any other services and/or products.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the owner of this website and/or Media Portal products and services. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Media Portal Customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit or upload any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds the allotted amount per month, or significantly exceeds the average bandwidth usage (as determined solely by the owner of this website and/or Media Portal products and services) of other Media Portal customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. The owner of this website and/or Media Portal products and services does not warrant that (a.) the service will meet your specific requirements, (b.) the service will be uninterrupted, timely, secure, or error-free, (c.) the results that may be obtained from the use of the service will be accurate or reliable, (d.) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e.) any errors in the Service will be corrected.

You expressly understand and agree that the owner of this website and/or Media Portal products and services shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the owner of this website and/or Media Portal products and services has been advised of the possibility of such damages), resulting from: (a.) the use or the inability to use the service; (b.) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c.) unauthorized access to or alteration of your transmissions or data; (d.) statements or conduct of any third party on the service; (e.) or any other matter relating to the service.

The failure of the owner of this website and/or Media Portal products and services to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the owner of this website and/or Media Portal products and services and governs your use of the Service, superceding any prior agreements between you and the owner of this website and/or Media Portal products and services (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent by email to support(at)mychurchmediaonline.com.

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