Donor Tools Terms of Service.
Donor Tools is a product of Higher Pixels, LLC
Higher Pixels, LLC (“Higher Pixels”, “Donor Tools”, “We”, “Us”) provides Donor Tools and its related services (“Service”) subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.
Higher Pixels, LLC reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. The binding and most current version of the Terms of Service can be viewed at any time at http://www.donortools.com/about-us/terms-of-service.
- When we refer to You and Your, we are referring to a customer: an organization that signs up for a Donor Tools account for the purpose of using the Donor Tools service.
- An Organization is a customer of Donor Tools who has signed up to use the Donor Tools service. An Organization page can be accessed by navigating to http://your_organization.donortools.com. An Organization need not be formally organized: individuals, clubs, groups, churches, and nonprofit corporations are all considered Organizations if they have a Donor Tools Account.
- Your Account means your Donor Tools record that contains your donors, donations, users, and other data.
- Your Data means your donors, donations, notes, tags, emails, thank-you letters, reports, etc. that are contained in your Account.
- A Donor Record (or simply a Donor) means the collective data that you record about an individual Donor.
- Us, We, The Company, Higher Pixels, LLC, and Donor Tools refer to Higher Pixels, LLC, a Florida Limited Liability Company.
- You must be 13 years and older to use the Service.
- You must provide your legal full name, your own valid email address, and any other information requested in order to complete the signup process.
- You are responsible for keeping your password secure.
- Your user account may only be accessed by yourself - sharing a single login with multiple persons is not permitted. You may create separate user accounts with separate passwords within your Donor Tools subscription for as many people as you need, but passwords may not be shared by more than one person.
- You are responsible for maintaining the security of your account and password. Donor Tools cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Data, Content, and activity that occurs under your Account, even when that Data or Content is posted by other people who have access to your Account using separate logins.
- Donor Tools may not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Donor Tools will not be liable for breaches of these laws based on your jurisdiction.
- You must not use Donor Tools to create or send unwanted email (“Spam”) to anyone.
Violation of any of these agreements will result in the termination of your Donor Tools account. While Higher Pixels prohibits such conduct and content on the Donor Tools website, you understand and agree that Donor Tools cannot be responsible for the Content posted by other users and you nonetheless may be exposed to such materials and that you use the Donor Tools Service at your own risk.
Payment, Refunds, Upgrading, and Downgrading Terms
- Your first payment will be made immediately upon upgrading.
- You can upgrade or downgrade at any time, provided your account is within the limits of the selected pricing plan.
- For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- The Service is billed in advance on a periodic basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- You agree to pay for all charges attributable to your use of the Service at the then current Donor Tools prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Donor Tools’ net income.
- Downgrading your Service may cause the loss of features or capacity of your account. Donor Tools does not accept any liability for such loss.
Modifications to the Service and Fees
- Higher Pixels reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- Higher Pixels reserves the right to change our monthly fees at any time. Current fees will always be posted on the Donor Tools website: http://www.donortools.com
- Higher Pixels shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Cancellation and Termination
- You are solely responsible for the proper cancellation of your account. You can cancel your account without obligation at any time by going to the Billing section, under Settings after logging in. The Billing screen provides an easy, no-obligation link to cancel your account.
- Your Account and all of its Data will be deleted upon your cancellation of the Service.
- You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
- Higher Pixels reserves the right to suspend your Account for non-payment or breech of agreement. You will be notified at your Account’s primary email address at the time of suspension.
- Higher Pixels may refuse service to anyone for any reason at any time.
Copyright and Ownership
- Higher Pixels or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Donor Tools or its suppliers own.
- Higher Pixels claims no rights over the Data you enter, upload, or provide to the Service.
Unsolicited Email (“Spam”)
You may use Donor Tools to send email to recipients that you specify as long as at least one of the following conditions are met:
- You received a donation from the recipient.
- The recipient provided their email address voluntarily.
- You have had some form of contact with the recipient within the past two years.
- The recipient does not object to receiving email from you.
Using the Donor Tools system to send, upload, post, host, or transmit Unsolicited Email, or “Spam”, is strictly prohibited. Sending spam taxes our system and jeopardizes the deliverability of email for all Donor Tools customers. Donor Tools reserves the right to suspend, investigate, and terminate without refund any account found to be sending Spam.
- The service is provided on an “as is” and “as available” basis. Your use of the Service is at your sole risk.
- Technical support is only officially provided to paying account holders and is only available via e-mail at email@example.com.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Donor Tools, or any other Donor Tools service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Donor Tools.
- You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including projects, events, messages, and files may be transferred unencrypted over the internet.
- You may not use the service to transmit any viruses, worms, or malicious or destructive code or content.
- We may, but have no obligation to, suspend the public profile of any account containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Donor Tools customer, employee, member, or officer will result in immediate account suspension.
- You warrant, represent, and covenant to Donor Tools that (a) you are at least thirteen (13) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
- Donor Tools may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. We will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
- Donor Tools does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, data, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Donor Tools shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, inability to perform your duties, goodwill, use, data or other intangible losses (even if Donor Tools has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Donor Tools to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Donor Tools and govern your use of the Service, superseding any prior agreements between you and Donor Tools (including, but not limited to, any prior versions of the Terms of Service).
This document was last updated May 9, 2012
For questions regarding this policy, please email firstname.lastname@example.org