Capturepoint Terms & Conditions
The primary objective of CommunityPass, Capturepoint’s flagship product, is to make it easier for residents, parents and children to participate in community activities and more affordable for organizations within the Community to operate. To that end, following are the founding principles of CommunityPass.
- To provide a trusted and central location for parents and residents to register themselves and their children for events and activities within their Community.
- To enable organizations within a community to accept credit card payments at the lowest possible processing cost.
- To reduce the amount of administration required to process and manage registration data.
- To enable collaboration and sharing of data across disparate organizations within a community without requiring ongoing coordination or financial commitments between organizations.
- Community. A geographic boundary, usually a municipality, school district or regional area.
- Community Account. A combination of CommunityPass family accounts that reside in a specific community and CommunityPass Organizations that service members of the same community. A Community Account consists of the following elements: 1) a public portal that is can be customized for members of the Community; 2) a database of family accounts that reside within the Community; and individual organizations servicing the community.
- Family Account. A group of one or more individuals that are: 1) related or residing in the same residence; and 2) planning to register in the future, are currently registering or have previously registered for an event or activity with an Organization using CommunityPass. A family account is created: 1) directly by a family member from the CommunityPass sign-up page; 2) created by an organization administrator on behalf of the family; or 3) uploaded into CommunityPass by Capturepoint at the request of an organization Administrator.
- Family Account Members. Individuals within a family classified as Children or Adults. Each family has an adult designated as the responsible parent or guardian (RPG). The RPG of a family account is the recipient of all email and postal mail communication sent or generated through CommunityPass.
- Organization. A Capturepoint Client that is an association, club, business, government entity or school which requires registration and (optionally) payments prior to or during participation.
- Organization Administrator. An organization employee who is responsible for setup and administration of CommunityPass on behalf of their organization.
- Public User (“Users”). A login and password that enables a CommunityPass family account to view and edit family information, perform and manage registrations for family members and process payments through the CommunityPass Online Portal.
- Shared Information. The information stored in CommunityPass for Family Account Members is as follows:
- Family: family name, primary address and primary phone
- Adult: name, phone, email and (optionally) date of birth
- Child: name, grade, gender, birthdate, school
As part of the Services, Client will have access to Shared Information. Shared Information is accessible by the Organization Administrator for all Organizations within a Community Account. Client may use Shared Information to conduct normal business operations within its organization. Client shall use commercially reasonable efforts to prevent unauthorized access to, or use of Shared Information for any other use and notifies Capturepoint promptly of any such unauthorized access or use. If Capturepoint determines the Client is not in compliance, Capturepoint reserves the right to 1) notify the Client that they are in breach of the Agreement of Services and may be subject to Termination, and 2) in our sole discretion, elect to stop providing Services and access to its data, until such time as the Client becomes compliant.
The following are examples of uses of the Services that constitute violations of this AUP:
- Unauthorized Information Collection. Collecting and storing Social Security, driver’s license, and credit card numbers within the CommunityPass database.
- Reselling Information. Selling, renting or giving Shared Information or other Capturepoint data to any other company.
- Illegal Use. Transmitting, uploading, posting, receiving, storing, or presenting material or data that, intentionally or unintentionally, violates any local, state, national or international law, or any rules or regulations that have the force of law, including, but not limited to, material or data regarding illegal goods or services, illegal substances, prostitution, illegal drugs, illegal weapons, terrorism, or other conduct that would constitute a criminal offense.
- Fraudulent Financial Activity. Making fraudulent offers to sell or buy products, items, or services or to advance any type of illegal financial activity such as “pyramid schemes,” “Ponzi schemes,” or fraudulently charging credit cards.
- Gambling. Engaging or promoting gambling in violation of any laws.
- Harm to Minors. Harming, attempting to harm or exploiting minors in any way, including, but not limited to, the use of the Services (i) to receive, distribute, solicit, present, or store illegal images or URLs containing child pornography, or (ii) to post or disclose personal identifiable information or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent.
- Threats & Harassments. Uploading, transmitting or posting any material that (i) threatens, harasses, defames or encourages bodily harm or destruction of property of governments, groups, organizations or individuals, or (ii) espouses, promotes or incites racism or bigotry.
- Spamming. Transmitting or facilitating unsolicited commercial email or unsolicited bulk email, including, but not limited to, use of another Internet service to send spam to divert users to your site hosted on or through Capturepoint’s network, whether or not the messages were originated by you, under your direction, or by or under the direction of a third party.
- Phishing. Attempting to impersonate any person or entity, engaging in sender address or network header falsification, or forging anyone else’s digital or manual signature.
- Collection of personal data without consent. Collecting, or attempting to collect, personal information about third parties without their knowledge or consent or under false pretenses.
- Canceling Other’s Email Messages. Canceling email messages other than your own email messages.
- Unauthorized Access. Accessing, or to attempting to access, the accounts of others without their knowledge or consent; or penetrating, or attempting to penetrate, security measures of Capturepoint’s or another entity’s or person’s computer software or hardware, electronic communications system, or telecommunications system, including, but not limited to, misusing or abusing account access and passwords of others; using or distributing tools designed to compromise security of computer systems or networks; or compromising the security of any Internet account or website .
- Using or Distributing Internet Viruses, Worms, Trojan Horses or Other Destructive Activity that Compromise Security. Engaging in activities that disrupt or degrade the use of or interfere with the ability of other people to effectively use the network or any connected network system, service or equipment including using or distributing, among other things, Internet viruses, worms, Trojan Horse programs, password guessing programs, decoders, keystroke loggers, cracking tools, packet sniggers, flooding of a network, encryption circumvention devices or unauthorized port scanning.
- Spidering. Participating in the collection of a very large number of email addresses, screen names, or other identifiers of others without their prior consent, or participating in the use of software, including spyware, designed to facilitate this activity.
In addition, any material or conduct in connection with the use of the Services that Capturepoint believes to be unlawful, offensive or harmful will be considered a violation of this AUP.
Reporting Violations of this Acceptable Use Policy
Capturepoint requests anyone who believes that there is a violation of this AUP or has a question about this AUP to please direct the relevant information to: email@example.com. Anyone who believes the violation involves child pornography should direct the report to firstname.lastname@example.org.
If available, the following information should be provided in the report:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
If reporting an email, the email with full header information provides all of the above, as do syslog files. Other situations may require different methods of providing the above information.
How Capturepoint Addresses Violations of this Acceptable Use Policy
Capturepoint may, but is not required to, monitor your compliance with the terms this AUP. You acknowledge that Capturepoint has the right, but not the obligation, to pre-screen, refuse, or remove any content available from your use of the Services, including, but not limited to, content that violates the law or the terms of this AUP.
If Capturepoint receives a complaint or otherwise becomes aware of any possible violation of this AUP, Capturepoint may, in its sole discretion, initiate an investigation. If Capturepoint determines that a violation of this AUP has occurred (regardless of whether it is unlawful), Capturepoint may take any one or more of the following actions without notice:
- Issue warnings: written or verbal
- Remove any content that violates this AUP
- Suspend your Services for a certain period of time
- Terminate your Services
- Remove, block or otherwise prevent access to websites
- Bill you for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
Revisions to this Acceptance Use Policy
Capturepoint may revise, amend, or modify this AUP from time to time. Notice of any revision, amendment, or modification will be posted on the Capturepoint Website at www.capturepoint.com on your start pages, by email, and/or in mailings to your Designated Contracts email account and will be effective on the date noted in the posting. By continuing to use the Services after the revisions, amendments or modifications are effective, you accept and agree to abide by them.
The failure of Capturepoint to enforce this AUP will not be construed as a waiver of any right to do so at any time. If any section of this AUP is held invalid or unenforceable, the remaining sections will remain in full force and effect. You agree to indemnify, defend and hold harmless Capturepoint, its subsidiaries, directors, officers and employees against all claims and expenses, including reasonable attorney fees, resulting from any violation of this AUP. This indemnification will survive any termination of your Services or account with Capturepoint. New Jersey law governs this AUP.