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FormMail.com Terms and Conditions version 1.1 - October 6, 2010
The following Terms and Conditions apply to your account with FORMMAIL.COM. By your use of FORMMAIL.COM you agree to be bound by these Terms and Conditions.
TERMS
The following terms used within these Terms and Conditions are defined as follows:
- MSA -- Matt's Script Archive, Inc., a corporation formed under the laws of the State of Colorado.
- FORMMAIL.COM -- All services and content offered and provided by MSA through the website, formmail.com, including but not limited to, form processing.
INTRODUCTION
Your access and use of FORMMAIL.COM is subject to your compliance with these Terms and Conditions. By registering your account, you agree to be bound by them, and by accessing your account, you reconfirm your agreement to them. If at any time you do not agree to all of these Terms and Conditions, your sole remedy is to discontinue your access and use of FORMMAIL.COM. The use of FORMMAIL.COM is limited to individuals who are at least 18 years of age or to minors who have parental consent to open and maintain an account.
PAYMENT
If you have registered for a paid account with FORMMAIL.COM, your payment for all services will be handled through PayPal, the payment processor for FORMMAIL.COM. PayPal will send to us the name and email address that you have registered with PayPal. PayPal may also send us your shipping address if you have selected a shipping address.
PROHIBITED USES
You may not use FORMMAIL.COM for any illegal or otherwise prohibited purposes. Engaging in any of the following prohibited activities will be grounds for terminating your account and prohibiting your use of any services provided by FORMMAIL.COM. In addition, if you violate this provision, you agree to compensate MSA for all damages it incurs as a result of your conduct, including but not limited to lost profits and damage to goodwill. Engaging in one of these activities will also terminate your protection under our privacy policy.
- ILLEGAL ACTIVITY -- You expressly agree not to use FORMMAIL.COM in any manner that is prohibited by any law or regulation of any governing jurisdiction. You also expressly agree not to use FORMMAIL.COM to facilitate in the violation of any such law or regulation.
- SPAMMING -- You expressly agree not to use FORMMAIL.COM in connection with the sending or forwarding of any unsolicited email messages to anyone, whether for commercial purposes or not. You also expressly agree not to send or forward any unsolicited email messages from any other source, account or service which in any way suggests the use or involvement of FORMMAIL.COM.
- PHISHING -- You may not attempt to solicit usernames, passwords, credit card or banking data, or any other information by masquerading as an entity other than yourself.
MSA'S SUSPENSION OR TERMINATION OF SERVICES
At its sole discretion, MSA may suspend or terminate your account with FORMMAIL.COM and your use of any and all FORMMAIL.COM services for any duration and for any reason, including but not limited to your violation of any of these Terms and Conditions, your prohibited use of FORMMAIL.COM for any purpose, MSA's need to perform maintenance, improvement or any other services to the website, and in order for MSA to safeguard the integrity of FORMMAIL.COM in any respect.
If your FORMMAIL.COM account is dormant for any sixty day period, MSA is entitled to, and may in its sole discretion, remove your account together with all data stored in connection with your FORMMAIL.COM account.
USER TERMINATION OF ACCOUNT
You may at any time terminate your account with FORMMAIL.COM by canceling your account or emailing us of your intention to do so along with sufficient evidence of your identity so that we may cancel your account.
SECURITY
You are solely responsible for the use of your accounts and the confidentiality of your password. FORMMAIL.COM stores only encrypted passwords. To reset your password, you must provide sufficient evidence of your identity. If you believe that your password has been misused or otherwise compromised, you should contact MSA immediately so that access can be suspended and/or access permissions changed.
You should not use FORMMAIL.COM for the collection of any highly-secure information, such as credit card numbers or passwords, and you should take appropriate steps to avoid this. You acknowledge and understand that any data you collect through FORMMAIL.COM will be passed on to you in an unencrypted manner. MSA will not be responsible for your use of FORMMAIL.COM to collect any highly-secure data and will deactivate your account if you are found to be doing so.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
MSA DOES NOT WARRANT THAT FORMMAIL.COM WILL BE ERROR-FREE OR UNINTERRUPTED. FORMMAIL.COM SERVICES ARE PROVIDED .AS IS. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO INDEMNIFY AND HOLD MSA HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM YOUR USE OF FORMMAIL.COM, AND YOU EXPRESSLY AGREE THAT YOUR USE OF FORMMAIL.COM IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL MSA BE RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE FORMMAIL.COM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU OR ANY THIRD PARTIES) EVEN IF MSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
MISCELLANEOUS
These Terms and Conditions also include MSA's Refund Policy and Privacy Statement provided separately as part of your use of FORMMAIL.COM. This document shall be construed in accordance with the laws of the State of Colorado. You agree that jurisdiction over any disputes arising in connection with your use of FORMMAIL.COM shall be exclusively within the courts of Larimer County, Colorado. You agree that the prevailing party is entitled to recover attorney's fees in connection with the successful enforcement of these Terms and Conditions. MSA may modify these Terms and Conditions upon reasonable notice to you, and your continued use of FORMMAIL.COM shall constitute your acceptance of such modifications. If any of the provisions of these Terms and Conditions are found to be unenforceable, the remaining provisions will remain in full force and effect.
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