Terms | Webform

These Terms of Service are a contract between you and Webform.com, the service operated at http://webform.com and any subdomains (“Webform.com”). Webform.com (the company) operates webform.com (the “Webform.com Site”) and the form creation, collection and storage services therein (collectively the “Service”). By using the Webform.com Site and any services accessible from the Webform.com Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Webform.com Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE WEBFORM.COM SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE WEBFORM.COM SITE AT YOUR OWN RISK.

Accounts

In order to open an “Account” on the Webform.com Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Webform.com during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Webform.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Webform.com Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have edited content under your Account). Personally identifiable information submitted by you shall be subject to Webform.com’s Privacy Policy.

One person or legal entity may not maintain more than one free Account. Accounts registered by “bots” or other automated methods are not permitted.

License Grants & Restrictions

Webform.com hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Webform.com Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Webform.com Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Webform.com Site. All rights not expressly granted to you are reserved by Webform.com and its licensors. Large portions of the Service are provided on the basis of GPL software or graphics. Any portions or functionality of the site that are not expressly under the GPL you agree to not (i) modify or make derivative works based upon the Webform.com Site; (ii) reverse engineer or access the Webform.com Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Webform.com Site, or (c) copy any features, functions or graphics of the Webform.com Site. You further acknowledge and agree that, as between the parties, Webform.com owns all right, title, and interest in and to the Webform.com Site, including all intellectual property rights therein.

Your Responsibilities

You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Webform.com Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You shall: (i) notify Webform.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Webform.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Webform.com Site, including, without limitation, modems, hardware, server, software, Internet browsers, operating system, networking, web servers, long distance and local telephone service, but excluding the Webform.com Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Webform.com Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Impermissible Acts

As a condition to your use of the Webform.com Site, you agree not to:

upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Webform.com Site;
upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Webform.com Site;
reverse engineer, decompile or disassemble any of the software used to provide the Webform.com Site;
reproduce, duplicate or copy or exploit any other portion of the Webform.com Site, without the express written permission of Webform.com;
interfere with or disrupt the Webform.com Site, or any servers or networks connected to the Webform.com Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Webform.com Site;
modify, adapt or hack the Webform.com Site or falsely imply that some other site is associated with the Webform.com Site or Webform.com; or
use the Webform.com Site for any illegal or unauthorized purpose. You must not, in the use of the Webform.com Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Indemnification

Webform.com will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Webform.com Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Webform.com is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Webform.com Site; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.

Feedback

In the course of using the Webform.com Site, you may provide Webform.com with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Webform.com Site (collectively “Feedback”). You hereby grant Webform.com a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Cancellation

You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the My Account link in the navigation bar at the top of the screen, then clicking the Delete button and confirming.

Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the loss of all Content in your Account. This information cannot be recovered from Webform.com once your account is cancelled. Please be aware that Webform.com may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Termination

Webform.com reserves the right to terminate any Accounts that do not receive a form submission for 6 months or is not logged into for 6 months. Webform.com, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Webform.com may refuse to provide you any current or future use of the Webform.com Site, or any other Webform.com Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Webform.com once your account is terminated; however Webform.com may for a time retain residual information in our backup and/or archival copies of our database.

Webform.com reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Webform.com Site and Prices

Webform.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Webform.com Site and Service (or any part thereof) with or without notice.
Prices of all Webform.com Sites, including but not limited to monthly subscription plan fees to the Webform.com Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Webform.com Site.
Webform.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Webform.com Site.
Webform.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Webform.com Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Webform.com Site after any such changes shall constitute your consent to such changes.

We claim no intellectual property rights over the material you provide to the Webform.com Site. Your profile and materials uploaded remain yours.

Webform.com does not pre-screen Content, but Webform.com and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Webform.com Site.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE WEBFORM.COM SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. WEBFORM.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WEBFORM.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. WEBFORM.COM DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBFORM.COM SITE WILL BE CORRECTED. WEBFORM.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. WEBFORM.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBFORM.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBFORM.COM SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE WEBFORM.COM SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WEBFORM.COM OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR WEBFORM.COM SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WEBFORM.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR WEBFORM.COM SITE, FROM INABILITY TO USE THE SERVICES OR WEBFORM.COM SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR WEBFORM.COM SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR WEBFORM.COM SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBFORM.COM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Webform.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General

These Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Webform.com.

Questions about the Terms of Service should be addressed to info@webform.com.