Acceptable Use Policy

1. General

This Acceptable Use Policy (“AUP”) addresses requirements applicable to Client’s use of Empower Giving’s products, solutions and services (“Empower Giving Solutions”).

2. Appropriate Use

Client will not, and will not allow or authorize its users to, use Empower Giving Solutions to take any actions that (i) infringe on or dilute any Empower Giving or third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, libelous, trade libelous, threatening, harassing, or obscene; (iv) interfere with or disrupt any Empower Giving services or equipment or cause excessive or disproportionate load on Empower Giving or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) encourage conduct that violates any applicable local, state, national or international laws or regulations; or (vii) involve the unauthorized entry to any machine accessed via Empower Giving Solutions. If Client violates any portion of this AUP, Client accepts sole responsibility for all remedial actions and costs related to such violation, including compliance efforts and costs associated with statutory obligations or government investigations.

3. Responsibility for Content

Empower Giving is a cloud-based software solution and provides related services. Client is responsible for and provides information and content. Client accepts sole responsibility for information and content collected, stored in or transmitted by Empower Giving Solutions on behalf of Client or its end users. Client controls and approves all aspects of its communications and all content. If Client acquires content from third parties for republication, Client is solely responsible for ensuring it complies with any legal and licensing requirements associated with such content. Client acknowledges that Empower Giving exercises no control over the content and information passing through the Empower Giving Solutions, and that Empower Giving assumes no responsibility for Client’s content.

4. Privacy Policy; Data Protection

Client agrees to post and maintain its own privacy policy concerning its collection of personal information on websites, landing pages and forms developed using Empower Giving Solutions. Client is solely responsible for ensuring that its privacy policy complies with all applicable laws. Client is responsible for the accuracy, quality and legality, which includes notices, consents and “opt out” requirements, of (i) all Client data provided to Empower Giving by Client or on Client’s behalf; (ii) all Client data stored in Empower Giving Solutions; and (3) the means by which it acquired all Client data.

5. Personal Information

Empower Giving Solutions contain designated encryption functionality for the collection and storage of credit cards, bank cards and account numbers and individual identification numbers issued by government agencies and financial institutions including, but not limited to, social security numbers, and Lawful Permanent Residents (LPR). Client shall not use Empower Giving Solutions to collect and store such information in sections without privacy and encryption within Empower Giving Solutions.

6. Email Marketing

Client agrees to follow all email policies from our third party email marketing provider, Sendgrid, located at https://sendgrid.com/policies/email/ and understands that Empower Giving provides a Sendgrid account and Client may not integrate their own Sendgrid account.

7. Enforcement of AUP

Empower Giving reserves the right to suspend the provision of Empower Giving Solutions or take other appropriate remedial action to address actual or suspected violations of the AUP. Empower Giving will use reasonable efforts to notify Client and provide an opportunity to correct before taking any such action, if practicable and if permitted by law. Client will cooperate with Empower Giving in investigating complaints about potential violations and in taking any corrective action that Empower Giving deems necessary to address such violations. Empower Giving reserves the right to remove any Client content from Empower Giving Solutions that Empower Giving determines, at its discretion, may be illegal, tortious, or infringing on the rights of any third party. If Client becomes aware of any activity that violates this AUP, Client shall promptly notify Empower Giving of any violations and Client shall take all necessary action to cease such violation by correcting or removing the violation. Violations or suspected violations of this AUP shall be immediately reported to [email protected].

8. DMCA

Client acknowledges that Empower Giving is a “service provider” as defined in 17 USC § 512(k)(1), is subject to the Digital Millennium Copyright Act (“DMCA”), and has the responsibilities of a service provider under the DMCA. Client is solely responsible for ensuring that Client data and internet content and its provision of same to Empower Giving complies at all times with all applicable laws and regulations.

9. AUP Updates

Empower Giving reserves the right to modify this AUP at any time, effective upon posting a revised copy to the Empower Giving website at www.EmpowerGiving.com.

Last updated January 1, 2018