AGREEMENT BETWEEN USER AND First Presbyterian Church of Morgantown, West Virginia

The First Presbyterian Church of Morgantown Web site is comprised of various Web pages operated by First Presbyterian Church of Morgantown.

The First Presbyterian Church of Morgantown Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the First Presbyterian Church of Morgantown Web site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

First Presbyterian Church of Morgantown reserves the right to change the terms, conditions, and notices under which the First Presbyterian Church of Morgantown Web site is offered.

LINKS TO THIRD PARTY SITES

The First Presbyterian Church of Morgantown Web site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of First Presbyterian Church of Morgantown and First Presbyterian Church of Morgantown is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. First Presbyterian Church of Morgantown is not responsible for webcasting or any other form of transmission received from any Linked Site. First Presbyterian Church of Morgantown is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by First Presbyterian Church of Morgantown of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the First Presbyterian Church or Morgantown Web site, you warrant to First Presbyterian Church of Morgantown that you will not use the First Presbyterian Church of Morgantown Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the First Presbyterian Church of Morgantown Web site in any manner that could damage, disable, overburden, or impair the First Presbyterian Church of Morgantown Web site or interfere with any other party's use and enjoyment of the First Presbyterian Church of Morgantown Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the First Presbyterian Church of Morgantown Web site.

USE OF COMMUNICATION SERVICES

The First Presbyterian Church of Morgantown Web site may contain electronic mail, electronic mail addresses, electronic mail links, telephone numbers for church personnel, church members and people with a connection to or interest in the church, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). By voluntarily using the First Presbyterian Church of Morgantown Web site, you agree to use the Communication Services of the First Presbyterian Church of Morgantown Web site only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using any Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  
  
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  
  
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  
  
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the functionality, use or operation of the First Presbyterian Church of Morgantown Web site, or the functionality, use or operation of another's computer.
  
  
• Advertise or offer to sell or buy any goods or services for any business purpose, conduct or forward surveys, contests, pyramid schemes or chain letters.
  
  
• Engage in spamming, mass e-mailing or spamming related activities.
  
  
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  
  
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  
  
• Restrict or inhibit any other user from using and enjoying the Communication Services.
  
  
• Violate any code of conduct or any other guidelines that may be applicable for any particular Communication Service.
  
  
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  
  
• Violate any applicable laws or regulations.
  
  

First Presbyterian Church of Morgantown has no obligation to monitor any of the Communication Services of the First Presbyterian Church of Morgantown Web site. However, First Presbyterian Church of Morgantown reserves the right to review any and all materials and/or information posted to a Communication Service and to remove at any time any materials and/or information at its sole discretion. First Presbyterian Church of Morgantown reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

First Presbyterian Church of Morgantown reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information and/or materials, in whole or in part, at any time at First Presbyterian Church of Morgantown's sole discretion.

Always use caution when giving out any personally identifying information about yourself and/or your children in any Communication Service. First Presbyterian Church of Morgantown does not control or endorse the content, messages or information found in any Communication Service and, therefore, First Presbyterian Church of Morgantown specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized First Presbyterian Church of Morgantown spokespersons, and their views do not necessarily reflect those of First Presbyterian Church of Morgantown.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS AND INFORMATION PROVIDED TO First Presbyterian Church of Morgantown OR SUBMITTED TO OR POSTED AT ANY First Presbyterian Church of Morgantown Web site or Web page

First Presbyterian Church of Morgantown does not claim ownership of the materials and information you provide to First Presbyterian Church of Morgantown (including feedback and suggestions) or post, upload, input or submit to any First Presbyterian Church of Morgantown Web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting First Presbyterian Church of Morgantown, its affiliated organizations and/or businesses and necessary sublicensees permission to use your Submission in connection with the operation of their Internet activities, needs and businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. First Presbyterian Church of Morgantown is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at First Presbyterian of Morgantown's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

PRIVACY STATEMENT

First Presbyterian Church of Morgantown is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the First Presbyterian Church of Morgantown Web site and governs data collection and usage. By using the First Presbyterian Church of Morgantown Web site, you consent to the data practices described in this statement.

Collection of your Personal Information

First Presbyterian Church of Morgantown only collects personally identifiable information that you voluntarily submit to the church, such as your e-mail address, name, home or work address or telephone number. First Presbyterian Church of Morgantown reserves the right to also collect, through the First Presbyterian Church of Morgantown Web site, anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

First Presbyterian Church of Morgantown reserves the right to automatically collect information about your computer hardware and software. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by First Presbyterian Church of Morgantown for the operation of the First Presbyterian Church of Morgantown Web site service, to maintain quality of the service, and to provide general statistics regarding use of the First Presbyterian Church of Morgantown Web site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through any First Presbyterian Church of Morgantown Communication Service or public message boards, this information may be collected and used by others. Note: First Presbyterian Church of Morgantown does not read any of your private online communications.

First Presbyterian Church of Morgantown encourages you to review the privacy statements of Web sites you choose to link to from First Presbyterian Church of Morgantown so that you can understand how those Web sites collect, use and share your information. First Presbyterian Church of Morgantown is not responsible for the privacy statements or other content on Web sites outside of the First Presbyterian Church of Morgantown and any First Presbyterian Church of Morgantown Web sites or Web pages.

Use of your Personal Information

First Presbyterian Church of Morgantown reserves the right to collect and to use your voluntarily submitted personal information to operate the First Presbyterian Church Web site and to deliver the services that you have requested. First Presbyterian Church of Morgantown also uses your personally identifiable information to inform you of other programs and services available from First Presbyterian Church of Morgantown and its affiliates. First Presbyterian Church of Morgantown may also contact you via surveys, forms or questionnaires to conduct research about your opinion of current services or of potential new services that may be offered.

First Presbyterian Church of Morgantown does not sell, rent or lease any lists or personal information to third parties. First Presbyterian Church of Morgantown may, from time to time, contact you on behalf of external partners, programs or organizations about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, First Presbyterian Church of Morgantown may share data with trusted partners to help us perform statistical analysis, send you electronic mail or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to First Presbyterian Church of Morgantown, and they are required to maintain the confidentiality of your information.

First Presbyterian Church of Morgantown does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

First Presbyterian Church of Morgantown reserves the right to keep track of the Web sites and pages our users visit within the First Presbyterian Church of Morgantown Web site, in order to determine what First Presbyterian Church of Morgantown services are the most popular. This data may be used to deliver customized content within First Presbyterian Church of Morgantown to those whose behavior indicates that they are interested in a particular subject area.

First Presbyterian Church of Morgantown Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on First Presbyterian Church of Morgantown or the site; (b) protect and defend the rights or property of First Presbyterian Church of Morgantown; and, (c) act under exigent circumstances to protect the personal safety of users of First Presbyterian Church of Morgantown, or the public.

Use of Cookies

The First Presbyterian Church of Morgantown Web site does not currently use "cookies" to help you personalize your online experience. However, First Presbyterian Church of Morgantown reserves the right to use cookies, if deemed necessary, at its sole discretion. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if First Presbyterian Church of Morgantown were using cookies, you would be able to personalize First Presbyterian Church of Morgantown pages, or register with First Presbyterian Church of Morgantown Web site and/or services. A cookie would help First Presbyterian Church of Morgantown to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as addresses and so on. When you return to the same First Presbyterian Church of Morgantown Web site, the information you previously provided can be retrieved, so you can easily use the First Presbyterian Church of Morgantown Web site features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience any future interactive features of the First Presbyterian Church of Morgantown services or current Web sites you visit.

Security of your Personal Information

First Presbyterian Church of Morgantown utilizes standard operating procedures and protocols to secure your personal information from unauthorized access, use or disclosure. First Presbyterian Church of Morgantown, through its contracted Web host, West Virginia Network (WVNET), secures any personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.

Changes to this Statement

First Presbyterian Church of Morgantown will occasionally update this Statement of Privacy to reflect congregational, community and user feedback. First Presbyterian Church of Morgantown encourages you to periodically review this Statement to be informed of how First Presbyterian Church of Morgantown is protecting your information.

Contact Information

First Presbyterian Church of Morgantown welcomes your comments regarding this Statement of Privacy. If you believe that First Presbyterian Church of Morgantown has not adhered to this Statement, please contact First Presbyterian Church of Morgantown. We will use reasonable efforts to promptly determine and remedy the problem.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIRST PRESBYTERIAN CHURCH OF MORGANTOWN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FIRST PRESBYTERIAN CHURCH OF MORGANTOWN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIRST PRESBYTERIAN CHURCH OF MORGANTOWN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRST PRESBYTERIAN CHURCH OF MORGANTOWN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE, WITH THE DELAY OR INABILITY TO USE THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIRST PRESBYTERIAN CHURCH OF MORGANTOWN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FIRST PRESBYTERIAN CHURCH OF MORGANTOWN WEBSITE.

TERMINATION/ACCESS RESTRICTION

First Presbyterian Church of Morgantown reserves the right, in its sole discretion, to terminate your access to the First Presbyterian Church of Morgantown Web site and the related services or any portion thereof at any time, without notice. Use of the First Presbyterian Church of Morgantown Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and First Presbyterian Church of Morgantown as a result of this agreement or use of the First Presbyterian Church of Morgantown Web site. First Presbyterian Church of Morgantown's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of First Presbyterian Church of Morgantown's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the First Presbyterian Church of Morgantown Web site or information provided to or gathered by First Presbyterian Church of Morgantown with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and First Presbyterian Church of Morgantown with respect to the First Presbyterian Church of Morgantown Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and First Presbyterian Church of Morgantown with respect to the First Presbyterian Church of Morgantown Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the First Presbyterian Church of Morgantown Web site are: Copyright © 2009 First Presbyterian Church of Morgantown and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies, organizations, services and/or products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.