MONK DEVELOPMENT, INC. TERMS OF SERVICE
By using the MonkCMS, Ekklesia 360, Cause 360, Private Label CMS, Cobblestone Community Network, Sermon Cloud, all services of Monk Development, Inc. (“Monk Development”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Monk Development reserves the right to update and change the Terms of Service in accordance with the Change of Terms section specified in this document. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. You can review the most current version of the Terms of Service at any time at: http://www.monkdevelopment.com/terms/
- You must be 13 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 one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as allowed by the system or by the terms of your contract.
- You are responsible for maintaining the security of your account and password. Monk Development 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).
- If you are using a free or demo account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free account.
- 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).
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis in accordance with your Service Level Agreement.
- Technical support is only provided to paying account holders and is only available via email (we try to respond within 1-8 hours). Accounts NOT hosted on a Monk Development approved host provider are charged $195/hour for support determined to be the clients or the clients hosting providers fault. Support time is billed in hourly increments.
- 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, Monk Development, or any other Monk Development service.
- 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 Monk Development.
- 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 Monk Development 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 transferred 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 any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined by your hosting plan) of other CMS customers, we reserve the right to disable your account or "throttle/limit" your hosting service if excessive bandwidth usage is not cured within thirty (30) days of notice.
- Monk Development does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Monk Development 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 Monk Development has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- Monk Development warrants that everything it provides to you for your use on the website (e.g. code, system) is legally owned or licensed to Developers. We agree to indemnify and hold our customers harmless from any and all claims brought by any third party relating to copyright infringement or intellectual property rights violations (excludes content provided by the customer). Monk Development agree to indemnify Customer for all damages arising out of the performance of the services listed in this agreement to the extent caused by the negligence of the Developers.
- The failure of Monk Development 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 Monk Development and govern your use of the Service, superseding any prior agreements between you and Monk Development (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at Monk Development dot com.
Customers may access their CMS account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses CMS, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Monk Development 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 Monk Development has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to CMS via the API (e.g. hacking) may result in the temporary or permanent suspension of your account's access to the API if such abuse is not cured within seven (7) days. Monk Development, in its sole discretion, will determine abuse or excessive usage of the API. Monk Development will make a reasonable attempt in writing to warn the account owner prior to suspension.
Payment, Refunds, Upgrading and Downgrading
- A valid credit card is required for paying accounts. Free or demo accounts are not required to provide a credit card number.
- If you initially sign up for an account and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
- An upgrade from the free or demo plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- 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. 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.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Monk Development does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. An telephone request to cancel your account is not considered cancellation. Cancellations must be made in writing (email or letter) by the system administrator or billing contact on record with Monk Development.
- All of your Content will be deleted from the Service after thirty (30) days of written cancellation. Please note that this information can not be recovered once deleted from the system. Monk Development can be consulted on the export of all content on a project basis.
- 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.
- Monk Development may terminate or suspend the service in the event you materially breach the terms of this Agreement and you fail to cure such breach within thirty (30) days of receiving notice of such breach.
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, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- Monk Development does not pre-screen Content, but Monk Development and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Monk Development will make a reasonable attempt in writing to warn the account owner prior to removing content.
Modifications to the Service and Prices
- Monk Development reserves the right at any time and from time to time to modify the Service (or any part thereof).
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon ninety (90) days written notice.
- Monk Development shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Third-party sites, solicitation, products, and services
Our sites may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
We may use a user's email address to send updates, a newsletter or news regarding our services. Paying users may choose not to receive email of this type by changing their "notification" setting to "Do not send me notification emails" in the user "Account Settings" in Cobblestone.
Personally identifiable information
We may capture personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing, promotional, and other purposes. We do not disclose to these entities any information that could be used to identify you personally. We will make your personally identifiable information available to other companies or people when:
- You have elected to allow us to share that information at the time that you registered with us or provided us the information, or through a subsequent affirmative election through our website.
- You volunteer information or create a public profile in the course of your participation in our community features such as comments, user opinions and/or other forms of public communication and interaction.
- You use cobranded services (i.e., sites or services that we offer to you in connection with a partner, who is identified on the site). When you use a cobranded service within our network of sites, you grant us permission to pass your registration information back to that service partner. Their use of your information is subject to their applicable privacy policies.
- We hire third-party vendors to provide specialized services such as customer support; email message deployment; suppression, merge and de-duplication services; data processing; and special products or services that you have requested. These companies are only allowed to use the information in order to help us fulfill our services to you. We do not provide your information to these companies for their own, permanent use.
- You unsubscribe for a mailing that we send to you on behalf of a third party. We may share your removal instruction with the third party so that it may be added to that person’s list of people to whom they may not send emails.
- When required by law, such as when we respond to subpoenas, court orders, or legal process.
- We believe that your actions violate applicable laws, Terms of Service, or any usage guidelines for specific products or services, or threaten the rights, property, or safety of our company, our users, or others.
Changes to Terms
We may change our Terms of Service, provided that any changes are reasonable and consistent with applicable law and industry norms. Any such changes will become effective to your account thirty (30) days following our notice to you describing the change. If the change materially and adversely affects you, you may terminate the Agreement by giving us written notice of termination on such grounds no later than thirty (30) days following the date the change became effective for your account, and we will not enforce the change with respect to that account for thirty (30) days following the date of your notice. If you terminate your Service because the change adversely affects you, we may decide not to enforce that change with respect to your account and keep your Agreement in place for the remainder of the term.