Common use of Acceptance of the Terms Clause in Contracts

Acceptance of the Terms. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by your acceptance of the terms via signed proposal or by actually using the Services. Description of Service We provide an array of Services for online collaboration and management including word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, customer relationship management application and project management application ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. Subscription to Beta Service We may offer certain Services as closed or open beta Services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial Services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Inugo will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason. Modification of Terms of Service We may modify the Terms upon notice to you at any time through a Service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Inugo notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. User Sign up Obligations You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Inugo has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Inugo may terminate your user account and refuse current or future use of any or all of the Services. Organization Accounts and Administrators When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Inugo is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to xxxxx@xxxxxxx-00.xxx, provided that the process is acceptable to Inugo. In the absence of any specified administrator account recovery process, Inugo may provide control of an administrator account to an individual providing proof satisfactory to Inugo demonstrating authorization to act on behalf of the organization. You agree not to hold Inugo liable for the consequences of any action taken by Inugo in good faith in this regard. Personal Information and Privacy

Appears in 2 contracts

Samples: An Agreement, An Agreement

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Acceptance of the Terms. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Service General Terms, do not use any of our Services. If you agree to the Service General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox indicating your acceptance of the terms via signed proposal or by actually using the Services. Description of Service We provide an array of Services integrated services and solutions for online collaboration and management including word processorCustomer Relationship Management, spreadsheetWeb Content Management, presentation toolProduct Management, database application creatorBusiness Intelligence, email client, chat client, organizer, customer relationship management application Marketing and project management application Web Analytics under the Prospect 365 Product name ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization organisation that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. Subscription to Beta Service We may offer certain Services as closed or open beta Services services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial Servicesservices. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Inugo ProspectSoft will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, suspension or discontinuance of any of the Beta Services for any reason. Modification of Terms of Service We may modify the Terms upon notice to you at any time through a Service service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Inugo ProspectSoft notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. User Sign up Obligations You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization organisation and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organizationorganisation, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Inugo ProspectSoft has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Inugo ProspectSoft may terminate your user account and refuse current or future use of any or all of the Services. Organization Organisation Accounts and Administrators When you sign up for an account for your organization organisation you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization organisation account. If your organization organisation account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organizationorganisation. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization organisation account. You are responsible for i) ensuring confidentiality of your organization organisation account password, ii) appointing competent individuals as administrators for managing your organization organisation account, and iii) ensuring that all activities that occur in connection with your organization organisation account comply with this Agreement. You understand that Inugo ProspectSoft is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization organisation does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of Should you lose control of the administrator accounts by sending an email to xxxxx@xxxxxxx-00.xxxaccounts, provided that the process is acceptable to Inugo. In the absence of any specified administrator account recovery process, Inugo ProspectSoft may provide control of an administrator account to an individual providing proof satisfactory to Inugo ProspectSoft demonstrating authorization authorisation to act on behalf of the organizationorganisation. You agree not to hold Inugo ProspectSoft liable for the consequences of any action taken by Inugo ProspectSoft in good faith in this regard. You also agree that such an issue may take time to resolve. Personal Information and PrivacyPrivacy Personal information you provide to ProspectSoft through the Service is governed by the ProspectSoft Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the ProspectSoft Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorised use of your user account by email to xxxxxxx@xxxxxxxxxxxx.xxx or by calling us on any of the numbers listed on xxxx://xxx.xxxxxxxxxxxx.xxx/contactus. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorised access and/or use of your user account, or otherwise. Communications from ProspectSoft The Service may include certain communications from ProspectSoft, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages. Complaints If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy ProspectSoft in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by ProspectSoft to the complainant. Fees and Payments The Services are available under subscription plans of various durations. Payments for subscription plans will fall due on the 10th of the month following the month of usage and must be made by Direct Debit. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. If you do not wish to renew the subscription, you must inform us at least thirty days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorised ProspectSoft to continue to collect the subscription fee using the existing Direct Debit Mandate. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan. Restrictions on Use In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) post links to third party sites or use their logo, company name, etc. without agreeing to their website terms & conditions, or obtaining their prior written permission as appropriate; (iv) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (v) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, or resource of ProspectSoft; (vi) violate any applicable local, national or international law; and (vii) create a false identity to mislead any person as to the identity or origin of any communication.

Appears in 1 contract

Samples: An Agreement

Acceptance of the Terms. You must be of legal age to enter into a binding agreement in order to and accept the Terms. If you do not You must agree to the General Terms, do not Terms in order to use any of our Services. If By using the Services you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by your acceptance of the terms via signed proposal or by actually using the Servicesoutlined in this document. Description of Service We provide an array of Services for online collaboration a service to capture, manage and management including word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, customer relationship management application and project management application ("Service" or "Services")share your geoscientific data. You may use the Services for your personal and business use or for internal business purpose purposes in the organization that you represent. You may connect to the Services using any Internet internet browser & operating systems supported by the Services. You are responsible for obtaining access to the Internet internet and the equipment necessary to use the Services. You can create and edit content with your site-wide user account and if you choose to do so, you can publish and share such content. Subscription to Beta Service We may offer certain Services as closed or open beta Services ("Beta Service" or “Beta Services”) services for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial Servicesservices. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Inugo Rock Mapper Pty Ltd will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, suspension or discontinuance of any of the Beta Services for any reason. Modification of Terms of Service We may modify the Terms upon notice to you at any time through a Service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Inugo notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. User Sign up Obligations You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Inugo has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Inugo may terminate your user account and refuse current or future use of any or all of the Services. Organization Accounts and Administrators When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Inugo is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to xxxxx@xxxxxxx-00.xxx, provided that the process is acceptable to Inugo. In the absence of any specified administrator account recovery process, Inugo may provide control of an administrator account to an individual providing proof satisfactory to Inugo demonstrating authorization to act on behalf of the organization. You agree not to hold Inugo liable for the consequences of any action taken by Inugo in good faith in this regard. Personal Information and Privacy.

Appears in 1 contract

Samples: Terms of Service

Acceptance of the Terms. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Servicesservices. If you agree to the General Terms and do not agree to any Service Specific Terms, please do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms via signed proposal or by actually using the Servicesservices. GENERAL AND SERVICE-SPECIFIC TERMS Description of Service We provide an array of Services services for online collaboration fundraising and management including fundraising database access, word processor, spreadsheet, presentation tool, database application creatorreport writer, email client, chat clientmobile application, organizerchat, customer donor relationship management application applications and project management application online donation payment processing applications ("Service" “service” or "Services"“services”). You may use the Services services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services services using any Internet browser or mobile application supported by the Servicesservices. You are responsible for obtaining access to the Internet and the equipment necessary to use the Servicesservices. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. Subscription to Beta Service Services We may offer certain Services as closed or open services that are initial deployments of new features called beta Services services ("Beta Service" or “Beta Servicesservices”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Servicesservices. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services services as commercial Servicesservices. We may charge for Beta services but will communicate the charges in advance. You will be under no obligation to acquire a subscription to use any paid Service service as a result of your subscription to any Beta Serviceservice. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services services with or without notice to you. You agree that Inugo DonorPerfect will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, suspension or discontinuance of any of the Beta Services services for any reason. Modification of Terms of Service We may modify the Terms upon notice to you at any time through a Service service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services services by providing Inugo DonorPerfect notice by email (within 30 days of being notified of the availability of the modified Terms notified) if the Terms are modified in a manner that substantially affects your rights in connection with use of the Servicesservices. In the event of such termination, you will be entitled to the prorated refund of the unused portion of any prepaid fees. Your continued use of the Service service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. User Sign up Obligations You need to sign up for a user account by providing all required information in order to access or use the Servicesservices. If you represent an organization and wish to use the Services services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate organization’s contact information. In particular, we recommend that you use your corporate organization email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Inugo DonorPerfect has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Inugo DonorPerfect may terminate your user account and refuse current or future use of any or all of the Servicesservices. Conflict of Interest You agree that you will disclose to DonorPerfect in writing (email, mail, or fax is acceptable) any conflicts of interest or potential conflicts of interest (e.g., work for or associate with other nonprofit software providers, electronic payment providers, payment processors, etc.) you may have in a timely manner. You must also disclose whether you are an employee, contractor, an employee of a contractor, or have a business/personal relationship with anyone of the above types of organizations or any of the following companies or their subsidiaries: • Blackbaud • FrontStream • Kindful Your use of DonorPerfect may not be used for competitive research, and you agree that neither your organization, nor any person accessing the services by means of your organization’s account, will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the services; modify, translate or create derivative works based on the services; or rent, lease, distribute, assign or otherwise transfer rights to the services. Failure to disclose any of these relationships in writing or using DonorPerfect for competitive research may result in legal action against you and/or your organization, including financial damages, to the fullest extent allowed by law. Organization Accounts and Administrators When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Inugo DonorPerfect is not responsible for account administration and internal management of the Services services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to xxxxx@xxxxxxx-00.xxx, provided that the process is acceptable to Inugo. In the absence of any specified administrator account recovery process, Inugo DonorPerfect may provide control of an administrator account to an individual providing proof satisfactory to Inugo DonorPerfect demonstrating authorization to act on behalf of the organization. You agree not to hold Inugo DonorPerfect liable for the consequences of any action taken by Inugo DonorPerfect in good faith in this regard. Personal Information and PrivacyPrivacy Personal information you provide to DonorPerfect through the service is governed by DonorPerfect Privacy Policy. Your election to use the service indicates your acceptance of the terms of the DonorPerfect Privacy Policy. You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to xxxxx@xxxxxxxxxxxx.xxx or by calling us at US (000) 000-0000. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. Communications from DonorPerfect The service may include certain communications from DonorPerfect, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages. Fees and Payments The services are available under subscription plans of various durations. Payments for subscription plans of a duration of less than a year can be made only by Credit Card or Direct Debit/ACH bank account withdrawal. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan, if available, or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card or Direct Debit/ACH bank account last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card or Direct Debit/ACH bank account. If you do not wish to renew the subscription, you must inform us at least seven (7) days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized DonorPerfect to charge the subscription fee to the Credit Card or Direct Debit/ACH bank account last used by you. Prepayments are nonrefundable as we must allocate resources for your guaranteed use of the services. From time to time, we may change the price of any service or charge for use of services that are currently available free of charge. Any increase in charges will not apply until the expiration of your then-current billing cycle. You will not be charged for using any service unless you have opted for a paid subscription plan. Restrictions on Use In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the services or otherwise make it available to any third party; (ii) provide any service based on the services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of DonorPerfect; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication. Illegal Activities and/or Spamming You agree to be solely responsible for the contents of your transmissions through the services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the services for the transmission of “junk

Appears in 1 contract

Samples: p13cdn4static.sharpschool.com

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Acceptance of the Terms. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by your acceptance of the terms via signed proposal or by actually using the Services. Description of Service We provide an array of Services for online collaboration and management including word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, customer relationship management application and project management application ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. Subscription to Beta Service We may offer certain Services as closed or open beta Services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial Services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Inugo will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason. Modification Modi=ication of Terms of Service We may modify the Terms upon notice to you at any time through a Service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Inugo notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. User Sign up Obligations You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Inugo has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Inugo may terminate your user account and refuse current or future use of any or all of the Services. Organization Accounts and Administrators When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Inugo is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to xxxxx@xxxxxxx-00.xxx, provided that the process is acceptable to Inugo. In the absence of any specified administrator account recovery process, Inugo may provide control of an administrator account to an individual providing proof satisfactory to Inugo demonstrating authorization to act on behalf of the organization. You agree not to hold Inugo liable for the consequences of any action taken by Inugo in good faith in this regard. Personal Information and Privacy

Appears in 1 contract

Samples: An Agreement

Acceptance of the Terms. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Servicesservices. If you agree to the General Terms and do not agree to any Service Specific Terms, please do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms via signed proposal or by actually using the Servicesservices. GENERAL AND SERVICE-SPECIFIC TERMS Description of Service We provide an array of Services services for online collaboration fundraising and management including fundraising database access, word processor, spreadsheet, presentation tool, database application creatorreport writer, email client, chat clientmobile application, organizerchat, customer donor relationship management application applications and project management application online donation payment processing applications ("Service" “service” or "Services"“services”). You may use the Services services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services services using any Internet browser or mobile application supported by the Servicesservices. You are responsible for obtaining access to the Internet and the equipment necessary to use the Servicesservices. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. Subscription to Beta Service Services We may offer certain Services as closed or open services that are initial deployments of new features called beta Services services ("Beta Service" or “Beta Servicesservices”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Servicesservices. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services services as commercial Servicesservices. We may charge for Beta services but will communicate the charges in advance. You will be under no obligation to acquire a subscription to use any paid Service service as a result of your subscription to any Beta Serviceservice. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services services with or without notice to you. You agree that Inugo DonorPerfect will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, suspension or discontinuance of any of the Beta Services services for any reason. Modification of Terms of Service We may modify the Terms upon notice to you at any time through a Service service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services services by providing Inugo DonorPerfect notice by email (within 30 days of being notified of the availability of the modified Terms notified) if the Terms are modified in a manner that substantially affects your rights in connection with use of the Servicesservices. In the event of such termination, you will be entitled to the prorated refund of the unused portion of any prepaid fees. Your continued use of the Service service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. User Sign up Obligations You need to sign up for a user account by providing all required information in order to access or use the Servicesservices. If you represent an organization and wish to use the Services services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate organization’s contact information. In particular, we recommend that you use your corporate organization email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Inugo DonorPerfect has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Inugo DonorPerfect may terminate your user account and refuse current or future use of any or all of the Servicesservices. Conflict of Interest You agree that you will disclose to DonorPerfect in writing (email, mail, or fax is acceptable) any conflicts of interest or potential conflicts of interest (e.g., work for or associate with other nonprofit software providers, electronic payment providers, payment processors, etc.) you may have in a timely manner. You must also disclose whether you are an employee, contractor, an employee of a contractor, or have a business/personal relationship with anyone of the above types of organizations or any of the following companies or their subsidiaries:  Blackbaud  FrontStream  Kindful Your use of DonorPerfect may not be used for competitive research, and you agree that neither your organization, nor any person accessing the services by means of your organization’s account, will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the services; modify, translate or create derivative works based on the services; or rent, lease, distribute, assign or otherwise transfer rights to the services. Failure to disclose any of these relationships in writing or using DonorPerfect for competitive research may result in legal action against you and/or your organization, including financial damages, to the fullest extent allowed by law. Organization Accounts and Administrators When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Inugo DonorPerfect is not responsible for account administration and internal management of the Services services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to xxxxx@xxxxxxx-00.xxx, provided that the process is acceptable to Inugo. In the absence of any specified administrator account recovery process, Inugo DonorPerfect may provide control of an administrator account to an individual providing proof satisfactory to Inugo DonorPerfect demonstrating authorization to act on behalf of the organization. You agree not to hold Inugo DonorPerfect liable for the consequences of any action taken by Inugo DonorPerfect in good faith in this regard. Personal Information and PrivacyPrivacy Personal information you provide to DonorPerfect through the service is governed by DonorPerfect Privacy Policy. Your election to use the service indicates your acceptance of the terms of the DonorPerfect Privacy Policy. You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to xxxxx@xxxxxxxxxxxx.xxx or by calling us at US (000) 000-0000. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. Communications from DonorPerfect The service may include certain communications from DonorPerfect, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages. Fees and Payments The services are available under subscription plans of various durations. Payments for subscription plans of a duration of less than a year can be made only by Credit Card or Direct Debit/ACH bank account withdrawal. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan, if available, or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card or Direct Debit/ACH bank account last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card or Direct Debit/ACH bank account. If you do not wish to renew the subscription, you must inform us at least seven (7) days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized DonorPerfect to charge the subscription fee to the Credit Card or Direct Debit/ACH bank account last used by you. Prepayments are nonrefundable as we must allocate resources for your guaranteed use of the services. From time to time, we may change the price of any service or charge for use of services that are currently available free of charge. Any increase in charges will not apply until the expiration of your then-current billing cycle. You will not be charged for using any service unless you have opted for a paid subscription plan. Restrictions on Use In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the services or otherwise make it available to any third party; (ii) provide any service based on the services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of DonorPerfect; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication. Illegal Activities and/or Spamming You agree to be solely responsible for the contents of your transmissions through the services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the services for the transmission of “junk

Appears in 1 contract

Samples: www.libertycommon.org

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