Day One Web, Inc.
Also DBA Mychurchwebsite.net
1520 W. Evergreen
Durant, Oklahoma 74701
Subscribers to our services, be they individuals, organizations or companies,, will be referred to as (YOU) (YOUR) in this agreement. Day One Web will be referred to as (WE) (US) (OUR) ETC...
Your Acceptance Of Terms Of Service:
Please read the terms of service carefully. Use of our services means you agree with the terms and conditions as set forth in this statement. It is a legally binding agreement and you should not use this site or our services if you do not agree with the terms.
You further agree that we may update these terms from time to time, with or without notice and that you will be bound by those terms. You can review the terms on our main websites www.dayoneweb.com from time to time and it is your responsibilty to do so.
Description of Services Offered:
We offer you the opportunity to create a world wide web or internet presence by subscribing to our service.
In order to use our service you must obtain your own access to the internet. provide your own equipment such as computer and modem and any other equipment necessary to have an internet connection. Fees associated with internet access and the required equipment to access the internet are not provided as a part of our service.
Our service consists of a restricted nonexclusive, non-transferable license for you to use our pre-set templates and web page development software and content management system to assist you in creating a web or internet presence for you or your organization or company to be hosted on our server. Use of this service will be on a year to year basis, subject to the terms of this agreement.
We require that your webpage be hosted by our company on our server so that we may protect our code and so that we can make sure the hosting platform supports our programming. You are not being granted any rights to copy or use the Software on computers other than a server controlled by us. You also agree that our system is designed to best operate in Internet Explorer and Mozilla Firefox and that we do not commit to support any other particular browsing platform.
We own the template you choose to use, content management system and the technology that runs our system, We also own the graphics and site design You own the content you place on your site.
We purchase, setup, and manage your domain name so that visitors to your site can access your site by using your own unique domain name. This does not imply that we are responsible for search engine recognition or placement of that domain name or pages contained contained therein.
Use of the service on a monthly, quarterly, semi-annual, or annual basis is of course subject to your prompt payment of our fees in effect at the time.
Domain names will be registered by us and renewed each year upon your renewal of our services. Should the service be discontinued by you or us at any point in the future, you may initiate a transfer of the domain name, pay the transfer fee and we will assist in transferring the domain name to you. Transfers must occur prior to the renewal date. When service is terminated by you or us, WE DO NOT CONTINUE TO RENEW THE DOMAIN NAME. So, if it is your desire to keep the domain name your must initiate the transfer while the domain name is current and active. Day One Web, Inc. is not responsible for any domain name renewal after termination of Service.
Upon termination of service by either party, we will continue to own the technology that runs the content management system and the graphics and design that make up the look of the site. You would own the content you placed on the site and would be free to use your content on another site, but you could in no way use our system or graphics to create another site. In other words you can not take the template, graphics or content management system with you to be hosted by someone else, but you can move your content to another site or system.
You will set and use a password to access and use the content management system. You agree that you and you alone are entirely responsible for any and all activities which occur as a result of any use of such password. You agree to notify us promptly if you have any reason to believe that the security of your account has been compromised. Protection of your password and the use of such is your responsibility.
You acknowledge and agree that we may access your site and its contents as necessary to identify or resolve technical problems or respond to complaints about the service.
Payment for our services (fees in effect at the time) are payable in advance for the time period (monthly, quarterly, biannually, annually) agreed upon.
If you are 15 days past due from the renewal date as explained above you will be assessed a 10% late fee.
If you are 30 days past due your service will be temporarily suspended until all debts have been resolved. Domain names will NOT be renewed while the site is disabled.
If you go past 90 days late your service (site) will be deleted, which means that you would lose the content you placed on your site, unless you have a backup of your content. Backup responsibility is yours and is covered below.
Your Site (Webpage) Content
You agree that we only provides a system for you to develop your own web presence. The content you place on your site using our system and back ups of such content is your sole responsibility. We will not be responsible for lost content for any reason, so keep copies of anything you place on your site.
You agree to only place content on your site that is appropriate and to place no content that would be considered unlawful or libelous or offensive in anyway. You agree that it is your responsibility to obtain any license or permissions required to use any third party vendor's product, service, pictures, graphics, text etc on your site.
In other words you agree to accept full responsibility for all content that you place on your site that is not a part of our service and that you understand that you can be held legally responsible for such content.
Your Site (Webpage) Content Backup
You and you alone are responsible for backing up the content on your site (keep a copy). We provide the system but Day One Web, Inc., its owners, employees or related parties will in no way be responsible for the loss of content on your site, regardless of the reason.
Online Rules of Use.
You are prohibited from posting any unlawful, libelous, threatening, abusive, disruptive, or obscene material or message that would violate the rights of any person or constitute a criminal offense, or otherwise violate any local, state, national, or international law.
You are prohibited from uploading any information to your site using our content management system that might be protected by copyright without first obtaining permission of the owner. Only public domain files, and information in which you have express consent to use online, may be uploaded, including any software files or libraries.
Some information which you find on dayoneweb.com may be owned by another Provider, and may be protected by copyright. You may not copy or use such materials without the express written permission of the owner(s) of such information or materials.
You agree to indemnify and hold us, our owners, employees and related parties harmless from and against, and to reimburse us and our owners, employees and related parties with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) of every nature whatsoever incurred by us, our owners, employees or related parties by reason of or arising out of or in connection with (i) Your failure to comply with or Your breach of this Agreement; (ii) Your infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any third party; (iii) any content posted by You on the Site; or (iv) Your violation of any applicable law or regulation.
This agreement may be terminated at any time for any reason by either party upon providing the other with 10 days notice.
We may also terminate this agreement, including deleting the site and all content at any time and without notice to you if you violate any terms of this agreement or you engage in conduct that in our sole discretion we believe to be unlawful or harmful to us or other subscribers.
If for any reason you decide to cancel your service with us, you will be entitled to a prorated refund for the unused portion of the year you paid. You must notify us in writing of your intention to cancel in order to receive a refund.
Following termination of this Agreement, for any reason, You agree not to use the service or the site in any manner or for any reason.
Projections and statements regarding future developments in regard to our system or any service or product offered by us are based upon information and plans as they existed at the time. Future developments, both internally and in the market, may result in developments which differ from those projections and statements. Information accessed through this website is presented in summary and interactive form and is not exhaustive. We will make reasonable efforts to include accurate and current information, wherever possible, but makes no warranties or representations as to its accuracy or completeness. This information is provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranty of fitness for particular purpose. In no event shall any member of our company, its owners, employees or developers be liable for any damages whatsoever resulting from or arising out of or in connection with the use or performance of this website or any of our products or service. Some jurisdictions do not allow exclusion of implied warranties so the above exclusion may not apply to you.
REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENT.
You warrant that all material submitted by you for posting on your website will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. By submitting information or materials owned by you for posting you will be deemed to have granted us non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability.
We reserve the right, but we are under no obligation, to refuse to post information that you submit or enter on your website. You agree that you will not hold, nor seek to hold, us, our owners, employees or related parties liable for the loss of data or the misappropriation or infringement of any intellectual property right to which you claim ownership.
If ordering merchandise and/or services from anyone other than us, through any service accessible through the use of our websites or any of our products or service, all transaction terms, are solely between you and the seller of the merchandise or services. We make no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions of the Seller.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE ANY OF OUR PRODUCTS OR SERVICES THAT MAY BE OFFERED THROUGH THIS WEBSITE. NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, FILES OR SYSTEMS. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
All images, trademarks and text are the property of our company and may not be downloaded, distributed, sorted, reused, reported, modified or otherwise used except as provided herein, without the express written permission.
All product and service names including logos, are trademarks and service marks owned by us or iour subsidiaries or affiliates or another company and in such case used herein by permission. Use of these marks, except as permitted herein, is expressly prohibited.
This site is created and controlled by our company in the State of Oklahoma. As such, the laws of the State of Oklahoma will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Oklahoma and of the United States of America located in the State of Oklahoma for any litigation arising out of or relating to use of or purchase made through our company (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Oklahoma Courts and agrees not to plead or claim in any Oklahoma Court that such litigation brought therein has been brought in an inconvenient forum.
When you apply or subscribe to any of our services we collect your Full Name, Address, City, State, Zip, Username and Password and certain other informations required to set up and account for you or your organization. All information is held in our database and under normal circumstances is only accessible by our Web Administration. We do no give out your information in any way or form to third party venders. We do however reserve the right to transfer the information in the event we should sell our book of business or merge with another company. Obviously the information would have to be transferred in order to continue service for you. Acceptance of these terms of service means you agree with this policy.
We may personalize your experience by using your personal information (name & email) to shape our recommendations about the services that might be of interest to you. We also monitor traffic patterns and account usage to help us develop the design and layout of the site.
We may also use the information we collect to occasionally notify you about important functionality changes to the web site, new services, and special offers we think you'll find valuable. If you would rather not receive this information, you may simply withdraw yourself from the list by emailing us.
What about "cookies"?
What is your policy if I link to a third-party web site?
When you click on links that take you to third-party web sites, you will be subject to the third parties' privacy policies and their terms of service. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of third parties. We encourage you to read the posted privacy statement and terms of service whenever interacting with any web site.