Limitation of Liability. WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS 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.
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, use of Formsite to invade 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.
"Spamming". You expressly agree not to use Formsite in connection with the sending of the same or substantially similar 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.
Disruption. You expressly agree not to interfere with or disrupt Formsite or networks connected to Formsite, or disobey any requirements, procedures, policies or regulations of networks connected to Formsite.
Insecure collection/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.
For each violation by you of this Section you agree to pay Formsite damages to compensate for the lost goodwill such a violation causes, but, where warranted, Formsite may waive all or part of the applicable charge. Payment by you under this Section shall not prevent Formsite from seeking to obtain other legal remedies against you, including other damages or an injunction.
Suspension or termination of services
With or without notice to you, Formsite may suspend the Services for any duration and for any reason whatsoever including, but not limited to, violation of Formsite prohibitive uses, maintenance, new releases or other improvements, and/or to safeguard the integrity of the Services and/or Formsite's system.
If an unpaid account does not receive a form submission or is not logged into for 24 months, the account and all data including forms, results, file attachments, and all settings will be subject to removal from Formsite.
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:
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.
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.
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.
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:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
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:
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.
- 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:
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.
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 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 upon reasonable notice to you, and your continued use of our services after receiving such notice shall constitute your acceptance of such modifications. If any of the terms of this agreement are deemed to be unenforceable, the other terms shall be unaffected.