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Last Updated: 12/09/2011
Welcome to the mycontactform.com site (the "Site") and Mise en Web LLC's ("Mise en Web") e-mail form services. Any person who wants to create a form using the Services, as defined below (a "Member"), must create an account on the Site and accept the terms and conditions of this Services Agreement. You will be referred to as "You" or "Your" throughout this Services Agreement. BY CREATING AN ACCOUNT AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS SERVICES AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.
Mise en Web reserves the right to change any of the terms and conditions contained in this Services Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Services Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to You.
YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING MISE EN WEB'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS SERVICES AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, You must provide Your real name and e-mail address. You represent and warrant that: (a) You have all requisite right, power and authority to enter into this Services Agreement and perform Your obligations hereunder; and (b) You are over the age of 18.
2. SERVICES; FEES; REFUNDS.
Mise en Web provides a platform for Members to create email forms for their web sites (the "Services"). There is no fee to create an account and use the standard service. You may upgrade to a Premium Membership pursuant to the terms and fees outlined at http://www.mycontactform.com/how.php. You may request a refund of your membership fee within ten (10) days of payment, after which time membership fees shall be non-refundable.
You are responsible for verifying the content of any forms You create, and Mise en Web is not responsible for the accuracy of the forms, including without limitation the accuracy, content or availability of information accessed or linked to through use of this Services or the actions of other Members. Your use of the Site and the Services is at Your own risk. Mise en Web is only responsible for providing the platform on the Site to create forms using the Services, and does not conduct background checks or investigations into its Members.
Mise en Web grants You a limited, revocable, non-exclusive license to access and use the Site to create forms using the Services. Use of the Services beyond the scope of authorized access granted to You by Mise en Web immediately terminates said permission or license. Mise en Web shall retain ownership of all right, title and interest (including all intellectual property rights) in the Site and its form templates.
Without limiting the foregoing, You may not use the Services for the purpose of or in any way that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory, abusive, offensive or obscene; (c) sends sensitive data such as credit card numbers, account logins, social security numbers, etc.; (d) uses forms to phish, for identity theft, etc.; and/or (e) uses forms for illegal activities. You are solely responsible for the content or information you publish using the Services, or transmit to other Members. We reserve the right, but we have no obligation, to reject any information that does not comply with the prohibitions set forth in this section. We reserve the right to refuse Services to anyone, at our sole discretion.
3. MEMBER RESPONSIBILITIES.
You agree that you will not provide false or misleading information to Mise en Web or any Members. Your membership for the Services is for Your sole, personal use, and only the Member who signed up for the user account may access and use the Services. Member accounts may not be shared or distributed to other parties. You may not authorize others to use Your membership account, and You may not assign or otherwise transfer your account to any other person or entity. You agree that you will only use forms created using the Services on a web site owned by You. If You design web sites for other parties, You may not use the Services or display forms created by You on third-party web sites without prior written approval from Mise en Web.
You must evaluate, and bear all risks associated with, the use of the Services, and under no circumstances will Mise en Web be liable in any way for the Services or for any loss or damage of any kind incurred as a result of the use of the Services by You. You agree that you will not use the Site or the Services to violate any applicable law, and that you will in no way case harm to a third-party or another Member.
You acknowledge that Mise en Web does not pre-screen or approve Members. Mise en Web makes no representations or warranties as to the conduct of Members. In no event shall Mise en Web be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Services.
4. MISE EN WEB RESERVATION OF RIGHTS.
Mise en Web retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Services and any element, aspect, portion or feature thereof, from time to time), and You grant Mise en Web a limited, non-exclusive license to the content of Your account for this purpose. Mise en Web also retains the right to suspend or de-activate your account in our sole discretion. You acknowledge that Mise en Web may establish limits concerning use of the Services, including the maximum number of days that an unused account will be retained, the maximum number of forms You may create, or other forms that may be transmitted or stored by the Services. You agree that Mise en Web has no responsibility or liability for the deletion or failure to store any forms maintained or transmitted by the Services. You acknowledge that Mise en Web reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Mise en Web shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
5. ILLEGAL ACTIVITY.
a. Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name. You may not impersonate any participant or use another Member's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Mise en Web will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
b. Investigation. Mise en Web has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate as we deem appropriate. Mise en Web also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Services, denying access, and/or removal of any materials on the Site. Mise en Web reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
c. Disclosure of Information. Mise en Web also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Mise en Web's systems and customers, or to ensure the integrity and operation of Mise en Web's business and systems, Mise en Web may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and content.
6. NO WARRANTIES.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. MISE EN WEB MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c. THAT THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE SITE WILL BE AS REPRESENTED BY MEMBERS, LAWFUL, OR THAT MEMBERS WILL PERFORM AS PROMISED;
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MISE EN WEB.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MISE EN WEB DISCLAIMS ANY AND ALL SUCH WARRANTIES.
7. GENERAL RELEASE.
YOU RELEASE MISE EN WEB (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8. INDEMNITY/LIMITATION OF LIABILITY.
a. Indemnity and Defense. You will defend, indemnify and hold harmless Mise en Web and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of Your representations, warranties, or obligations set forth in this Services Agreement; or (ii) Your own web site or other sales channels, the services You offer, any content You provide, the advertisement, offer, any actual or alleged infringement of any intellectual property or proprietary rights by any Services You offer or content You provide, or taxes or the collection, payment or failure to collect or pay taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
b. Limitation of Liability. MISE EN WEB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
9. APPLICABLE LAW; BINDING ARBITRATION.
The laws of the state of Washington, United States of America, govern this Services Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Mise en Web relating in any way to these terms and conditions or Your use of the Services shall be resolved through final and binding arbitration ("Arbitration") by a single arbitrator administered by the American Arbitration Association in accordance with its International Arbitration Rules (the "Rules") in force when the notice of Arbitration is submitted in accordance with the Rules. Any Arbitration hearing shall be held in Seattle, Washington, United States of America in the English language. Judgment on any such Arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, however, Mise En Web shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in our opinion, such action is necessary or desirable.
Because Mise en Web is not the agent of either You or any Member for any purpose, Mise en Web will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Mise en Web urges Members to cooperate with each other to resolve such disputes.
Mise en Web, in its sole discretion, may terminate this Services Agreement, access to the Site or the Services immediately without notice for any reason.
Any notice, communication, statement or legal service of process to Mise en Web required or permitted under this Agreement shall be in writing and shall be effective when hand delivered; or on the date when the notice, communication, statement or legal service of process is transmitted by confirmed facsimile (with a confirmation copy sent by mail); or the day after the notice, communication, statement or legal service of process is sent by reputable overnight air courier service (e.g., Federal Express). All such communications shall be sent to Mise en Web at the notice address listed below:
Mise en Web LLC
505 Broadway E #419
Seattle, WA 98102-5023
13. GENERAL PROVISIONS.
b. No Agency; Third-Party Beneficiary. Mise en Web is not the agent, fiduciary, trustee, or other representative of You. Nothing expressed or mentioned in or implied from this Services Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Services Agreement. This Services Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Mise en Web and You.
c. Assignability. You may not assign this Agreement without our prior written consent. We may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
d. Severability. If any provision of this Services Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
e. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Services Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Mise en Web's failure to enforce the strict performance of any provision of this Services Agreement will not constitute a waiver of Mise en Web's right to subsequently enforce such provision or any other provisions of this Services Agreement.
Scope of Policy
We, meaning Mise en Web, endeavor to obtain personal information lawfully and by fair means, and comply with relevant global privacy and data protection laws and regulations.
What Information We Collect
We collect certain personal information, including non-personally identifiable information (NPI) and personally identifiable information (PII), such as your name and email address. As used herein, PII shall not include private financial, credit card and medical information. We do not knowingly collect PII from anyone under the age of 18.
Additionally, we may, in our sole discretion, retain messages that are sent via our forms for purposes such as reading and replying to messages and building charts and reports from the data. We currently retain this type of data for up to twenty-four (24) months, though we do not guarantee that said data will be retained for this period of time.
How We Use Information
Your Choices and Rights
The Service is not intended for use by persons under 18 years of age. We do not knowingly collect or maintain PII or NPI from persons under 18 years of age, and no part of the Service is directed to persons under 18. If we learn that personal information of persons less than 18 years of age has been collected without verified parental consent, we will take reasonable and appropriate steps to delete this information.
Data Processing in the United States
Access to Your Data & Accuracy
Accurate data is important and necessary to provide the Service to you. We take steps to ensure that the personal information we collect and process is accurate, complete, and current. Nonetheless, we depend on you to update or correct their personal information.
You may access, change or delete your personal information at any time. We will make reasonable efforts to correct, change, or remove your information on a timely basis. Please be aware that we may not be able to expunge information 1) from historical log records or 2) when legally required to keep the information.
We make efforts to implement commercially reasonable data security measures on our systems that are designed to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. However, please be aware that no data transmissions over the Internet can be guaranteed to be secure. As a result, we cannot ensure or warrant the security or integrity of any information you transmit to us and you do so at your own risk.
We encrypt personal information using Secure Sockets Layer (SSL) technology to ensure that your information is safe during transmission over the Internet.
Redress and Enforcement
Changes to our Policy/Acceptance
Mise en Web LLC
505 Broadway E #419
Seattle, WA 98102-5023