Access Foundation, Version 1.0
Effective Date: June 2019; Last Revised: June 2019
If you don’t agree with these terms, you shouldn’t use GiveInternet.org’s website.
This Agreement may be modified by GiveInternet.org in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by GiveInternet.org on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered GiveInternet.org account, if any, as outlined in Section 8 below, and please immediately stop participating in the Program and accessing and using the Website.
GiveInternet.org manages the Website, which matches you and other persons (each, a "Donor" and, collectively, "Donors") with beneficiaries in various countries in need of Internet access (each, a "Beneficiary” and, collectively, "Beneficiary").
You may participate in the Program as a Donor by creating an online account on the Website registered to your email address. All transactions between Donors and Beneficiaries or Field Partners must be conducted through a GiveInternet.org account - technically speaking, GiveInternet.org may, in certain circumstances, be considered the “Donor” on your behalf when you make Donations on the Website. The amount of funds you have available in your GiveInternet.org account that you have Donated is freely available to be lent is referred to as your "GiveInternet.org Donation." If you make a Donation (as defined in the next sentence) through the Website, you are instructing GiveInternet.org to apply your GiveInternet.org Donation to fund specific Beneficiaries.
By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that donations made via the Website are philanthropic in nature with no offered rate of return.
GiveInternet.org uses the funds you Donate for our operations only if you’ve indicated so during your ddonation.
There are two types of donations: Laptop Donations and Recurring Donations.
Laptop Donations. In this case you sponsor laptop(s) that GiveInternet.org distributes to Beneficiaries. This is a one-time donation. The laptop will remain in the possession of GiveInternet.org while the Beneficiary will acquire full rights to use the laptop.
Recurring Donations. In this case the amount of money indicated by you during your Donation is transferred every month on the 10th day of each month. These Donations cover Internet fees of the Beneficiaries and, if indicated, operational expenses of GiveInternet.org. The Donation of the Donor can be amended or canceled at any time.
Tax Deductibility. You understand that GiveInternet.org is a non-profit public benefit corporation. GiveInternet.org has not yet received exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. Funds you donate to GiveInternet.org’s operations are not eligible for tax deductibility in the United States.
Donation Records. Records of each Donation you make (including this Agreement and any repayment history) are kept by GiveInternet.org and are displayed on the Website if you have a registered account with GiveInternet.org. The amount of your Donation is not displayed publicly.
You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of GiveInternet.org or any User, or other person. You may not use the Website in any manner that, in GiveInternet.org’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, or by “keyword stuffing” lending team pages (loading a page description with keywords in an attempt to manipulate the page’s ranking in search results). Although GiveInternet.org assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in Donor messages or creating or joining lending teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Beneficiary profile, (iii) promote or enable illegal activities, (iv) defraud or deceive any person, (v) promote or solicit involvement in support of any political platform, legislation or campaign activity for or against political candidates, (vi) publicly share information about a Beneficiary’s delinquency or default, (vii) access and use the Website by scripts, bots or other automated technology, (viii) contact, advertise to, solicit, "spam," or sell to any User, Beneficiary or other person without their prior explicit consent or (ix) post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in GiveInternet.org's opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; is defamatory, libelous, or invades another person's privacy or proprietary rights; or contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices.
GiveInternet.org reserves the right at all times (but will not have an obligation) to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. In order to protect Users and other persons from advertising, solicitation or harassment, GiveInternet.org reserves the right to remove or refuse to post or distribute any content from the Website that violates acceptable use in GiveInternet.org's sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that GiveInternet.org deems appropriate, in GiveInternet.org's sole and absolute discretion.
Safety and Security. To protect your own safety and well-being, you agree to take prudent safeguards and precautions in your participation in the Program, including without limitation in your interaction with other Users, whether offline or online. GiveInternet.org strongly recommends that you do not post any personal contact information (for example, personal email addresses, personal phone numbers or home addresses) and use your discretion if any person (a) requests to communicate outside of the Website (for example, by email, phone or in-person), (b) requests money, goods or any similar type of assistance other than through an official Donation request on the Website, (c) asks for assistance with personal transactions (for example, depositing funds and shipping merchandise), or (d) requests your personal contact information or financial information. You agree never to share (i) your credit card number or bank information, (ii) Social Security Number or government-issued identification numbers (for example, driver's license number) or (iii) mother's maiden name or other private information that can be used to access your financial information. As with any interaction, keep in mind that it is always possible for people to misrepresent themselves.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to GiveInternet.org, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity. You will promptly report to GiveInternet.org any violation of this Agreement by others of which you become aware.
Rights in Content on the Website. "GiveInternet.org," the "GiveInternet.org" logo and other GiveInternet.org graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of GiveInternet.org (collectively, "GiveInternet.org Marks"). GiveInternet.org Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of GiveInternet.org. GiveInternet.org or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by GiveInternet.org thereon (collectively, "Content"). The Website and Program contain the copyrighted material, trademarks and other proprietary information of GiveInternet.org and its licensors. You may display and make limited copies of the Content (other than the GiveInternet.org Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of GiveInternet.org.
If we later remove content (like Beneficiary information) from the GiveInternet.org website, you shouldn’t continue to share that information with others. You also shouldn’t publicly share information about Beneficiary delinquency or defaults.
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to GiveInternet.org in connection with or arising from your participation in the Program, including without limitation any feedback provided to GiveInternet.org (collectively, "User Generated Content"), you agree to grant, and hereby grant to GiveInternet.org an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless GiveInternet.org from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
Third Party Content and Sites. The Website contains (or you may be sent through the Website) links to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by GiveInternet.org, and GiveInternet.org is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by GiveInternet.org. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that GiveInternet.org’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
GiveInternet.org is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Beneficiary or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Beneficiaries are not liable for content created and posted on the Website. GiveInternet.org is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, GiveInternet.org assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will GiveInternet.org be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. GiveInternet.org does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO GiveInternet.org) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.
GiveInternet.org will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by GiveInternet.org or "force majeure" or any other cause beyond the control of GiveInternet.org.
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. GiveInternet.org cannot and does not verify the accuracy of information from Users or Beneficiaries. GiveInternet.org shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Donation to a Beneficiary or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. You acknowledge and agree that GiveInternet.org is not acting as your fiduciary, and GiveInternet.org assumes no advisory or fiduciary responsibility with respect to you in connection with the Website or your participation in the Program (including without limitation, regarding your funding of Donations). In addition, in no event will GiveInternet.org be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if GiveInternet.org has been advised of the possibility of such damages, costs, losses or expenses.
If any dispute arises between you and GiveInternet.org, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and GiveInternet.org. Any award will be final, binding and conclusive upon the parties
You agree to indemnify and hold GiveInternet.org harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, GiveInternet.org may make features available to Users as part of the Program. GiveInternet.org reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website, or take advantage of any GiveInternet.org services, may be determined by GiveInternet.org in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written notice of termination to GiveInternet.org.
GiveInternet.org may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to GiveInternet.org. If your participation in the Program and registered account is terminated by GiveInternet.org, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or registered account is terminated, GiveInternet.org has the right to delete your profile and remove your User Generated Content.
This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and GiveInternet.org regarding the use of the Website or the Program.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. GiveInternet.org has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Please contact us at [email protected] with any questions regarding this Agreement.