Terms
of Service & Privacy Statement
Last Updated: 3/1/2010
I.
General Terms
myContactForm.com provides the service of creating html forms and processing
the data sent via the html forms for its users. We strive to create the best
possible experience for both our users and the users of our forms. The following
general terms must be agreed to prior to using our service. If you have any
questions, please contact us.
a.
User Types and Definitions
myContactForm.com realizes that users require different services from their
form provider. In addition, we realize that users have varying budgets available
to spend on their web site. In order to accommodate these different types
of users, myContactForm.com offers two types of memberships.
i.
Standard Users
This is the default free membership that all users are given when they
join myContactForm.com. Standard Users have access to all of the basic
features of myContactForm.com
ii.
Premium Members
Once a Standard User, users can choose to upgrade their accounts to Premium
Membership status. The upgrade allows you to access features available
only to Premium Members . The cost of Premium Membership is $29.99/year
and is subject to change at the discretion of myContactForm.com.
For
a matrix outlining the differences between Standard and Premium
users, please click here.
b.
Sensitive Data
Users may not use the forms created with myContactForm.com to send sensitive
data. (Sensitive data is defined as any information that could potentially
be used in a malicious way, i.e. credit card numbers, social security numbers,
bank information, account logins, etc.) The information that is sent through
your forms is in no way encrypted or protected. myContactForm.com is not
responsible for the security of the data sent using our service or any losses
that are incurred if this data is intercepted by a third party or used by
a legitimate myContactForm.com user in an inappropriate or illegal manner.
c.
Authorized Users
Only the person who signed up for the user account may access and use the
account. Accounts may not be shared or distributed to other parties. The
forms created by a specific user may only be placed on web sites that they
specifically own and operate. If you design web sites for other parties,
you may not use the myContactForm.com service on their sites without prior
approval in writing from the operators or myContactForm.com. If you are a
web designer and are interested in using our service on your client’s
web sites, please contact us.
d.
Site Outages
As with any web site, we are subject to potential outages of service. While
we strive to keep these outages as infrequent as possible users must acknowledge
that they may occur and hold us harmless should they occur. If our servers
are to experience an outage, users acknowledges that the forms placed on
their web sites will no longer function for the duration of the outage. myContactForm.com
is not responsible for any losses either directly or indirectly related to
any sort of interruption of service.
e.
Warranty of Service and Support
The services that myContactForm.com provides is distributed ‘as is’.
There are no warranties for our service. In order to keep the cost of our
service at a minimum no help, customer service, or technical support will
be given. You can recover from myContactForm.com only direct damages up to the greater of the amount you paid for the service or one dollar (US $1.00).
f.
Loss of Data
When creating a form using myContactForm.com, a certain amount of information
regarding both the user account and forms created by the user is stored securely
in an online database. We are not responsible for any actions or losses stemming
from our databases being compromised by an outside party or due to any sort
of malfunction in our databases. We routinely perform backups of all our
data and in the event of data loss, we will strive to get the data restored
as quickly as possible. Users must acknowledge, however, that there is the
possibility of data being permanently lost.
g.
Link to myContactForm.com
When users create a form using our service, a text based hyperlink to myContactForm.com
is automatically added to the form. Users may not remove this link. Any users
that we find have done so will immediately have their user account suspended.
If you would like to remove this link and not have your account suspended,
please read about our Premium Membership Service.
h.
Advertisements
When someone visits a user's site and submits a form created via myContactForm.com,
a small commercial advertisement will be displayed before the redirect. These advertisements
are one of the ways in which myContactForm.com recoups its operating costs.
These advertisements are carefully chosen and will be ‘pg’ rated,
in all cases. We have a Premium Membership option available for those who
do not want any advertisements to open. To learn more about Premium Membership, click
here.
i.
Message Delivery
myContactForm.com strives to deliver to the user any messages that are sent
using e-mail forms created using the myContactForm.com service. However,
it is entirely possible that messages sent with the forms may not get delivered
to the user. Every message that is submitted through the forms is sent to
the user's e-mail address using our out going mail server. Once these messages
are sent, it is entirely up to the user's incoming mail server (provided
by your ISP) to actually get the message to the user. Unfortunately many
ISPs have implemented less-than-perfect spam filters that block messages
sent with our forms. For the same reason as previously explained, it is possible
that messages sent as auto responses to the submitter of the form could get
blocked. If you have not been receiving your form submittals please contact
your ISP and ask them about any spam filters they have implemented. myContactForm.com
is not responsible for any losses stemming from the user's form messages
not being delivered to the user.
j.
Form Submittal Quotas
In order to prevent the excessive use of bandwidth by a few members, myContactForm.com
has implemented a quota system to dictate the number of form submittals that
any particular member can submit during the course of one month. Standard
Users are allowed 20 submittals per month and Premium
Members are allowed 5000 submittals per month. If the user
does not use all of their form submittals during a given month, unused submittals
will not be rolled over to the next month. These quotas are subject to change
at the discretion of myContactForm.com without notice of change.
k.
Number of Forms You Can Create
Users are allowed to create as many forms under their account as they wish.
However, in the unlikely event that a user creates an enormous number of
forms and it starts to impede too heavily on myContactForm.com’s resources,
we reserve the right to delete the user’s account. This judgment will
be made at the sole discretion of the operators of myContactForm.com.
l.
Number of Questions You Can Create on Your Forms
Users are allowed to create as many questions on their forms as they wish.
However, in the unlikely event that a user creates an enormous number of
questions on their forms and it starts to impede too heavily on myContactForm.com’s
resources, we reserve the right to delete the user’s account. This
judgment will be made at the sole discretion of the operators of myContactForm.com.
In addition, it is important to realize that placing a large number of questions
on forms can cause errors that render the form non-functional. This is due
to limitations in Internet technologies; the likeliness of errors is based
on the speed of the user's Internet connection and current server loads.
m.
Support FAQ
Please take the time to read through our support FAQ. All information found
in the FAQ is the official policy of myContactForm.com and users are accountable
for all information contained therein.
n.
Number of Accounts You Can Have
Users may only have one account on myContactForm.com. If for some reason
you need more than one account, please contact us. Only with the written
permission of myContactForm.com may you have more than one account.
o.
Message Center
When a form submitter fills out a user's form, it is sent to the e-mail address
specified by the user and a copy of it is stored in myContactForm.com’s
databases so that the user can access the messages online using our Message
Center. Messages will only be stored in the Message Center for thirteen (13) months.
After thirteen (13) months the messages will be permanently removed form our databases
and the user will not be able to access them through the Message Center.
Only Premium Members have access to the Message Center. Please click
here for more information about the benefits of Premium Membership.
p.
Copyrighted Material
Forms may not be used to send copyrighted material that either the owner
of the form, or the submitter of the form do not own.
q.
Removal of Inactive Accounts
myContactForm.com
reserves the right to delete and permanently remove any user’s
account (including all data associated with that account) for
users who have not logged into their account or had a form
submittal within the past six (6) months. All user's will be
notified via e-mail (to the address we have on file for their
account) one (1) month prior to their account being removed.
At this time they will have the opportunity to prevent their
account from being deleted.
II.
Consequences of Violation
Any user that violates any term set forth in this document will be subject
to having their user accounts suspended or terminated immediately without notice
or warning. If your account is suspended, your forms will no longer function.
In most cases, if you correct the problem that resulted in suspension, we will
re-activate your user account and your forms will function normally.
III. myContactForm.com’s Rights
a.
User Termination and Suspension
myContactForm.com reserves the right to, at any time, terminate or suspend
any user of our service without prior contact, warning, or notice. We reserve
the right to not only suspend or terminate users based on the guidelines
set forth in this document, but also for any other action we see fit as a
cause for suspension or termination.
b.
Right to Become a Paid Service
myContactForm.com reserves the right to make the services we provide a paid
service. In the event that we chose to do this, the user will receive an
e-mail at least three (3) months prior to the changes being made and will
be offered the option of becoming a paid member. However, if you elect not
to become a paid member, your account and forms will no longer function after
the switchover date.
c.
Right to Discontinue Services
myContactForm.com reserves the right to discontinue the services we provide
at anytime. If this is the case we will strive to notify users at least three
(3) months prior to us discontinuing the service. However, we still retain
the right to shut the service down at anytime we see fit.
d.
Right to Change Features and Site Functions
myContactForm.com reserves the right to alter, remove, limit access to, and/or
add to the various features and functions of myContactForm.com. In addition,
myContactForm.com reserves the right to allow access to certain features
and functions to paid Premium Members only.
e.
Transfer of Site Ownership
In the event that the ownership of myContactForm.com is transferred to another
party, we reserve the right to transfer along with the site all data contained
within our databases. This information includes but is not limited to, all
user accounts and forms that have been created.
f.
Changes and Amendments
myContactForm.com reserves the right to change or amend this document at
any time. It is the user's responsibility to frequently read this document
at regular intervals and ensure their compliance to the terms contained herein.
g.
User Responsibilities
myContactForm.com is in no way responsible for the manner in which our users
use our service. It is up to each user to ensure they our using our service
in a legal and ethical manner and within the terms set forth in this document.
We will not be held responsible for any lawsuits, losses, or legal actions
stemming from the use of our service.
h.
Use of User's Forms as Samples
myContactForm.com reserves the right to link to and/or display
our user's forms under the 'Samples' (http://www.mycontactform.com/samples.php)
section of our web site.
i.
Use of User's Forms as Templates
myContactForm.com reserves the right to use our user's forms
as templates for the creation of new forms under other user's accounts.
IV. Privacy
myContactForm.com
respects your privacy and strives to ensure that any personal information
you provide is protected. The following describes our commitment to
the privacy of your information, the information we gather, and how
that information is used.
This site
has security measures in place to help protect the loss, misuse, and
alteration of the information under our control. The information is
stored in a secure operating environment.
myContactForm.com
will never give out, sell, rent, or otherwise distribute your personal
information, including your e-mail address. However, myContactForm.com
reserves
the right to send you periodic e-mails regarding any updates or changes
that have been made to our site or service.
myContactForm.com
will never give out, sell, rent, or otherwise distribute any of the
data, including e-mail addresses, that is sent from our user's forms
to anyone
other
than the specific owner of that form. We respect the confidentiality
of the data sent from our user's forms, and take every measure necessary
to ensure that the data submitted from our user's forms is not given
out, distributed, or disseminated to anyone other than the owner of
the form.
myContactForm.com
does record and track IP addresses, browser information (such as version,
make and model), and referring links (i.e. how you got to the page).
This information helps us analyze site traffic patterns and usage,
as well as improve our product offering and quality of service.
This site
may contain links to other sites. Although we are very selective in
choosing these links, myContactForm.com does not assume any responsibility
for or make any guarantees about the privacy practices or the content
of such web sites.
Protecting
your privacy is one of our highest priorities, but as with all web
sites, ours may be vulnerable to service interruptions, intentional
attacks, or other events that may compromise the security of our site
and the information contained therein (including that which you provide).
Accordingly, by submitting such information, the user acknowledges
and agrees that myContactForm.com is not responsible for any direct
or consequential damages that may result from such events. |