- By accessing or using any of the Network for Good websites (collectively, the “Websites”),
- By accessing or using any of the Network for Good services, or any applications (including mobile applications) made available by Network for Good (collectively, the “Services”), like making donations, or
- Nonprofit organizations who may receive donations through Network for Good’s Services, but do not subscribe to Network for Good’s Services
All trademarks, service marks, and trade names on the Websites, including the Network for Good marks (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Network for Good or other owners that have granted Network for Good the right and license to use such Marks. Network for Good owns all rights, title, and interest in the Websites and Services, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design, and organization of the Websites and Services, and the compilation of the content, code, data, and materials on the Websites and Services, including all intellectual property and proprietary rights (collectively, the “Content”). The Websites, Services, and Content are copyrighted and are the property of Network for Good. We may change the Websites or Services or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from the Websites may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the Websites. Requests for written consent may be made via email to [email protected].
Network for Good shall be the sole and exclusive owner of the Services, Websites, and Content, all new versions, improvements, enhancements, additions, and modifications to the Services, Websites, or Content, all copyright, patent, trade secret, trademark, and other intellectual property rights related to the Services, Websites, and Content, and all tangible media on which the Services, Websites, and Content are maintained. You shall have no claim or right whatsoever with respect to the Services, Websites, or Content except for the limited license to use the Services, Websites, and Content granted herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Services, Websites, or Content, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. You may display and download onto a single personal computer and print in portions of the Content from the Websites and Services solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Websites, Services, or Content. If you undertake any such prohibited action, your license shall be automatically terminated.
When you, if a donor, submit your contact information to sign up for a Network for Good Profile, you agree and consent that Network for Good may send you communication relating to our products, events, or recommended charities. When you, if a nonprofit, submit your organization’s contact information to sign up for an account with Network for Good, you agree and consent that Network for Good may send your organization communication relating to our products, events, or other business information. Please contact us to opt out of receiving such communication.
Network for Good may update or otherwise modify the Services or Websites at any time for any reason in Network for Good’s sole discretion. Network for Good may shut down the Services or Websites for maintenance and development work when necessary. Network for Good shall have no obligation whatsoever to customize, modify or improve the Services or Websites.
RULES OF CONDUCT
You acknowledge and agree that:
You will not use the Websites or Services in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
You will not publish, post, upload, distribute, or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Websites or Services.
You will not publish, post, upload, distribute, or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.
You will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Network for Good, is objectionable, or which may expose the Websites, Services, or their users to any harm.
You will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
You will not download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.
You will not 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.
You will not restrict or inhibit any other authorized user from using and enjoying the Websites or Services.
You will not violate any applicable laws or regulations.
You will not create a false identity for the purpose of misleading others.
We take no responsibility and assume no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Network for Good liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Network for Good is not liable for any statements, representations, or content provided by its Users on the Websites or through the Services. Although we have no obligation to screen, edit, or monitor any of the content posted to or distributed through any interactive area of the Websites or through the Services, we reserve the right, and have sole discretion, to remove without notice any content posted or stored on the Websites or through the Services.
CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Network for Good’s designated agent, as follows:
Service Provider: Network for Good
Designated Agent: Bill Strathmann
Full Address: 1140 Connecticut Avenue NW, Suite 700
Washington, DC 20036
Telephone: (888) 284-7978
Email Address: info [at] networkforgood [dot] org
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Network for Good may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
THE CONTENT, THE WEBSITES, THE SERVICES, OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO FROM THE WEBSITES OR OTHERWISE ACCESSED BY YOU IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, THE SERVICES, OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
The Services include online help functions and a “Frequently Asked Questions” section to assist you and your access holders in the use of the Services. Network for Good currently makes customer support and services available at no cost to You, via telephone and email on weekdays between 8:00AM and 8:00PM Eastern time, excluding holidays that are recognized by Network for Good. However, the provision of such customer support and services is subject to change at any time without notice, in Network for Good’s sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, SERVICES, OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITES OR SERVICES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITES OR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
Supply of goods, services, and software through the Websites is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Websites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services, or software through the Websites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services, or software to Cuba, Iran, North Korea, Sudan, or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.
NETWORK FOR GOOD GIVING SYSTEM (“DonateNow Lite”)
If you are a nonprofit organization that will be receiving donations through our Giving System, also referred to as DonateNow Lite, but do not subscribe to our Services (such as the full DonateNow Service), these provisions (in addition to all the foregoing) shall apply to you.
- LIMITED LICENSE. Provided you have registered your organization with GuideStar, Network for Good hereby grants to you a nonexclusive, revocable, royalty-free limited license to use a Network for Good donation site URL (“DonateNow Lite” URL) and to place a link to that “DonateNow Lite” URL on your website solely as necessary for, and for the purpose of, facilitating online donations to your 501(c)(3) charitable organization.If you choose to use one of the “DonateNow Lite” buttons provided by us as the link to your donation URL, Network for Good hereby grants to you a nonexclusive, revocable, royalty-free, limited license to download and use the “DonateNow Lite” button (the “Button”) on your website solely for the purpose described above. The link to your DonateNow Lite URL, whether one of the Buttons, a separately designed icon, or a hyperlink, is referred to herein as the “Link.” You agree not to use the Link in a manner that is, or otherwise include materials on your website that are, disparaging of Network for Good or GuideStar. You also agree not to use the Link on a website with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law, as determined by Network for Good in its sole discretion.
You understand that Network for Good has not authorized, sponsored, endorsed, or approved your website, your organization, or your organization’s activities and agree that the Link shall not be used in any manner that would falsely convey such sponsorship, endorsement, or approval by Network for Good. Network for Good reserves all proprietary rights in and to the Button, the Link, and all other Network for Good trademarks not expressly granted herein. You agree that Network for Good can revoke this license at any time for any or no reason upon notice by Network for Good to you and you agree upon receipt of such notice immediately to cease using the Link and Button, if applicable.
You also agree that this license shall be automatically terminated without any action on Network for Good’s part should you no longer possess tax-exempt status under Internal Revenue Code (“IRC”) Section 501(c)(3).
- REPRESENTATIONS. In exchange for receiving any donations through the Network for Good Giving System, you represent and warrant to Network for Good that at all times you will be receiving donations through our Giving System:
- you are recognized by the Internal Revenue Service as exempt from federal income tax under IRC Section 501(c)(3), and have public charity status under Section 509(a)(1) or (2), are not classified by the Internal Revenue Service as a Type III supporting organization under IRC Section 509(a)(3), and will utilize all donations received through use of the Network for Good Giving System in accordance with such tax-exempt status, and your website will not violate any restrictions imposed by applicable law on IRC Section 501(c)(3) entities, including but not limited to those proscribing political activity or proscribing the use of your income or assets for a private purpose;
- you understand that the contribution to your charity is being made to Network for Good, a Delaware nonprofit corporation and donor advised fund (tax ID 68-0480736)(“NFG-DAF”), which NFG-DAF will distribute to you, provided that you are a public charity in good standing with the IRS at the time of the distribution and as required by the IRC and Internal Revenue Service, NFG-DAF has exclusive legal control over the donation;
- you understand you may have obligations to register under, and covenant that you shall fully comply and bear the costs associated with, any and all applicable state and local statutes governing the solicitation of charitable solicitations, including but not limited to fulfilling any registration requirements thereof;
- you have registered with the GuideStar Information System at www.guidestar.org website;
- you have completed and submitted the Electronic Funds Transfer Authorization Agreement, if this is your preferred payment method;
- you shall promptly notify Network for Good of any change in your tax-exempt status, and any inquiry by the IRS or any state or local government regarding the matters described in (a) and (b) above;
- the donor of any online donation will not receive, nor be promised to receive, any valuable goods or services as a result of such donation, unless we are acting as an agent providing such services on your behalf;
- you grant Network for Good the authority to collect donations on your behalf, and consent to the use of your organization’s name on the Websites; and
- The Giving System cannot be used to process membership payments, merchandise payments, or to accept donations that were not made directly by the donor to your organization through the Giving System.
- PROCESS OF RECEIVING DONATIONS THROUGH DONATENOW LITE.
- When a donor recommends to Network for Good that it distribute its donations to you, NFG-DAF shall grant such donations actually collected by NFG-DAF to you (provided you are a public charity in good standing with the IRS at the time of distribution), less any amounts retained by Network for Good and NFG-DAF for processing costs, which costs shall be disclosed to you at the time we distribute donations to you. At the time of donation, we give donors the option to pay these processing costs, so that you receive the full donation amount.
- If You have signed up to receive disbursements through electronic funds transfer, then all donations to You, net of Fees, shall be disbursed to You within thirty (30) days after the end of each month. If You are receiving disbursements through checks, the aggregate donations totaling at least $9.51, net of processing costs (“Minimum Disbursement Amount”), shall be disbursed to you within thirty (30) days after the end of each month and shall be accompanied by an email statement showing the donations collected and the amount retained by Network for Good. Please review these donation statements carefully and report any concerns to Network for Good in a timely manner; failure to do so will limit your rights and our ability and obligation to respond. Network for Good and NFG-DAF shall have the right to update the Minimum Disbursement Amount from time to time in its sole discretion. If donations directed to you do not meet the Minimum Disbursement Amount, NFG-DAF will hold donations to you until the sum of the aggregate donations meets the Minimum Disbursement Amount. Notwithstanding the foregoing, NFG-DAF shall disburse any donations to you, net of processing costs, at the end of every twelve (12) months, regardless of whether or not such amount is less than the Minimum Disbursement Amount.
- As donations are not refundable to the donor, NFG-DAF retains the right to re-grant donations to another charity if you are no longer in good standing as a public charity with the IRS, if you appear on the Office of Foreign Assets Control (OFAC) list of organizations with suspected ties to terrorism or if you have not cashed checks issued by NFG-DAF to you within 6 months of the date of issue.
- CANCELLED CONTRIBUTIONS.
- Donor Initiated Credit Card Contribution Cancellations: All donations processed by NFG-DAF are final and may not be refunded.
- Credit Card Company Charge Backs and Disputed Charges: In the event Network for Good receives notification of a charge back or a disputed charge from a credit card company as a result of a donation granted to you:
- Network for Good will contact the donor via email and carbon copy (cc) you on this email. Network for Good will inform the donor how they can continue with their donation, and inform the donor that canceling their donation will require you to refund their contribution to Network for Good.
- If the donor does not respond affirmatively to continue with their donation or clear the charge back with their bank within thirty (30) calendar days, then you will be required to return the charge back donation amount to Network for Good within forty-five (45) calendar days from the original email notification.
- Network for Good shall have the right to:
- Deduct charge back amounts from your future grant checks until the charge back and related administrative fees are paid in full, if the charge back amount is greater than $100;
- Terminate your access to DonateNow Lite; and/or
- Pursue any necessary legal action in order to recover the disputed charge back amounts. You acknowledge and agree that if Network For Good finds you did not, in good faith, attempt to refund Network for Good with the charge back amount in question, then you will pay for all of Network for Good’s expenses (including, but not limited to, courts costs and attorney fees) related to any legal action initiated for the purpose of recovering the disputed charge back amounts from you.