Terms & conditions

Acceptable Use Policy

The actions of individuals can affect the experiences and ultimate success of everyone. Therefore, all Formsite users are held to the conditions on this page during use of the Service. Any violation of this policy, or any time we become aware of behavior, content, or any other factor that may be considered a threat to the System, may result in account suspension, termination, or deletion.

Legal Responsibilities

You are responsible for your conduct, content, data, and all communications with others while using the Services. You must use the Services in compliance with, and only as permitted by, applicable law.

Limitation of Liability

We expressly disclaim all warranties expressed and implied, including without limitation warranties of merchantability and fitness for a particular purpose. Your use of our services shall be at your own risk. We shall not under any circumstances be responsible for any loss or damages of any kind under any legal theory arising from your use, registration to use, or inability to use, our services, even if we are advised of the possibility of such damages.

Suspension or termination of services

With or without notice to you, Formsite may suspend or terminate accounts for any duration and for any reason whatsoever including, but not limited to, violation of these or other policies, maintenance, new releases or other improvements, and/or to safeguard the integrity of our connected systems.

If an unpaid account does not receive a form submission or is not logged into for 12 months, the account and all data including forms, results, file attachments, and all settings will be subject to removal from Formsite.

Prohibited uses
  • 1.

    Illegal Activity
    You expressly agree not to use Formsite in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, impinging the privacy of third parties, impersonation of Formsite personnel or other parties or entities, or transmitting abusive, profane, libelous, slanderous, threatening or other harassing material.

  • 2.

    Disruption
    You expressly agree not to interfere with, reverse engineer, or otherwise disrupt Formsite or networks connected to Formsite, or disobey any requirements, procedures, policies or regulations of networks connected to Formsite. You may not deny others access to the Services or assist anyone else to do so, to the extent such restrictions are permitted by law.

  • 3.

    Insecure collection or retrieval of sensitive data
    You expressly agree not use Formsite to collect or retrieve sensitive information including, but not limited to, credit card numbers and social security numbers, without using the features Formsite offers to transmit data via a secure SSL connection. You acknowledge that email is not a secure means of transmitting data and you agree not use Formsite to send sensitive data via email.

  • 4.

    Phishing
    Collection of account authentication information is strongly discouraged and collection of passwords in any form is prohibited. Intentional or unintentional representations of automated account creation or login forms is expressly prohibited. Alternative methods for obtaining passwords are available in most cases that do not result in a permanent record, such as a separate email or message in another context or platform.

  • 5.

    Malicious software
    You may not store or transmit any malicious software like viruses and malware through Formsite, or link to such software or other websites with access to such software from forms, Notifications, Success Pages, or any other Formsite asset.

  • 6.

    Prohibited content and topics
    The Service may not be used to sell, offer to sell, or otherwise provide: controlled substances; illegal drugs and drug paraphernalia; weapons; pirated or illegally-obtained materials; instructions on creating or obtaining illegal goods or weapons; information used to compromise others' intellectual property; pornography, nudity, sexual products, programs, or services; escort services; or other content deemed damaging to the reputation or accessibility of the Service.

    The use of the Service in connection with any content or behavior connected with the violation of any human rights, including trafficking, child pornography, hate groups, or any topics determined by Formsite to be illegal or inhumane is prohibited. Where required by law, Formsite will notify the proper law enforcement agencies when the activity is detected.

    Any activity that Formsite determines to be illegal is prohibited and will result in account suspension or termination. Illegal activities include, but are not limited to, storing, transmitting, or otherwise making available predatory plans to defraud others, e.g., ponzi or pyramid schemes, attempting to charge or charging credit cards obtained through fraudulent means, and failure to comply with applicable privacy laws. Formsite will cooperate fully with law enforcement agencies regarding any illegal activities connected to the Service.

  • Sending email

    A primary function of Formsite includes sending email Notifications and Results. To maintain the integrity of the email system as a whole and to protect our email reputation, some content and behaviors are upheld to higher standards:

  • 1.

    Bulk email
    Our system is not intended to be used as a mass email service, and any Notifications that send to a large group of defined or dynamic addresses may be disabled or deleted at our discretion. The recommendation is to use a third-party mass email service like MailChimp or Zapier, or to establish a group email distribution list through Google Groups, the organization's email support services, or any other external service.

  • 2.

    Complaints
    Any Notification, form, or account that receives complaints may be disabled or deleted. Email complaints can be reported explicitly through our complaint forms, or implicitly by email services that report individual messages as spam or otherwise unwanted and unsolicited. High-quality emails with relevent content are less likely to receive complaints. Unexpected and auto-responder emails are more likely to receive complaints.

  • 3.

    Spamming
    Use of our system expressly agrees not to use Formsite in connection with the sending of unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. You agree not to send unsolicited mass mailings from another service, which in any way implicates the use of Formsite or results in the use of Formsite resources.

  • 4.

    Opt-in
    It is strongly recommended to send no email—especially an auto-responder—without getting an explicit opt-in from the form visitor. That means making the Email Address item not-required and adding a not-required Checkbox item that requires the form visitor to proactively agree to receiving email as a result of the form submission. Do not set the opt-in item to be selected by default.

  • API terms

    Formsite may make data available for your access via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product, is bound by these Terms of Service with the addition the following specific terms:

  • 1.

    You expressly agree that Formsite shall not be liable for any damages resulting from your use of the API or third-party products that access data via the API.

  • 2.

    Abusive or excessively frequent requests to Formsite via the API may result in the temporary or permanent suspension of your access to the API. Formsite, in its sole discretion, will determine abusive or excessive usage of the API.

  • 3.

    Formsite reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

  • DMCA policy

    We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who may be repeat infringers. We may use your public forms for advertising and marketing purposes. We will remove all appearances of your forms upon request. If you believe that your copyright protected work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by a user of Formsite, please notify our Copyright Agent of your claim of infringement by using this form.

    Alternatively, you may provide our Copyright Agent the following information via Certified Mail at the address appearing below, the following information:

  • 1.

    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • 2.

    a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • 3.

    a description of where the material that you claim is infringing is located on the site;

  • 4.

    your address, telephone number, and email address;

  • 5.

    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • 6.

    a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

  • Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

    By CERTIFIED mail:
    Formsite
    Copyright Agent
    5202 Washington St. Ste. 11
    Downers Grove, IL 60515

    Formsite 99.9% service level agreement (SLA)

    We guarantee at least a 99.9% uptime per month. If we fall short, we will reimburse upon notification Pro 3 and higher accounts with service credit in the form of additional days added to the end of the current service period.

    Details

    • 99.9% Monthly Uptime Percentage calculates to approximately 43 minutes of potential non-scheduled downtime per month.
    • Downtime is the number of minutes our servers are inaccessible due to due to internal server errors and evidenced by our internal service logs showing accurate actual connection losses.
    • Service credit is only available to Pro 3 or higher service level accounts in good standing. Credits will be awarded based on the Monthly Uptime Percentage:
    Monthly Uptime Percentage Days of Service to extend account expiration date
    less than 99.9% 3 Days
    less than 99.% 7 Days
    less than 95.0% 15 Days

    Receiving Service Credit
    To receive any of the Service Credits described above, the account owner must notify Formsite via email within thirty days from the time Customer becomes eligible to receive a Service Credit. No credits will be awarded beyond thirty days past the outage. The maximum number of service credit for all downtime occurring in a single calendar month is fifteen days.

    Exclusions
    The Formsite SLA does not apply to any third-party services, including integrated services where the cause of the deficiency is found to be outside of Formsite's scope of control, or any performance issues not within the primary control of Formsite.

    This document

    This agreement shall be governed in accordance with the laws of the state of Illinois applicable to contracts entered into and wholly to be performed therein, without regard to that body of law applicable to conflicts of laws. Jurisdiction over any disputes arising under this agreement shall be exclusively with the courts of the county of DuPage, Illinois. We may modify this agreement at any time without notice. If any of the terms of this agreement are deemed to be unenforceable, the other terms shall be unaffected.

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