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.
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.
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:
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.
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.
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.
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.
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:
PO Box 218
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 at any time without notice. If any of the terms of this agreement are deemed to be unenforceable, the other terms shall be unaffected.