Welcome to FormGet/MailGet.
This agreement is in effect as of September 1, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use & Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- MailGet Email Marketing services (the “Service”) enable corporate web sites, small business web sites, community sites and individual sites to sign up web site visitors, collect and store visitor subscription information, and build and conduct email communications with their contacts.
- The number of contacts in your account is metered by MailGet.
- All subscription plan prices are subject to change at any time.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- Monthly fees will be charged even if your account was not used to send emails.
- Some of the features of this Site or the Services may allow Users to view, post, submit, share, publish, store, or manage literary, artistic, musical, or other content, including but not limited to photos and videos (“User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to the Services or by sending User Content to third parties, you represent and warrant to MailGet that you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
- It is understood that MailGet makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. MailGet makes every attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results MailGet recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
- The suspended, spam and bounce list will never be provided to you in any case. Further, the contacts that gets added to suspended, spam and bounce list will also be counted in your subscriber plan. Please note that incase you import contacts in suspended, spam and bounce list from your end, then those contacts will not be counted in your subscriber plan.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any MailGet employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless MailGet and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
By using MailGet, you acknowledge and agree to not use the Services for spam, and you agree to comply with the provisions of the CAN-SPAM Act. We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate any account that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity. Further, if your MailGet account is suspended because of spamming or any other related issue, then no refund would be done in any case.
The content you include in any email must be accurate and you may only use the Services to send emails to customers and contacts who have expressly opted in or given you permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, do not include them in any email marketing campaign.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned.
Third Party Sites
You can also log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
You may not exploit MailGet’s service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you’re permitted for your service level.
You may not use MailGet to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, content that promotes, encourages, or engages in terrorism or violence, pyramid schemes, chain letters, multi-level marketing campaigns, network marketing materials, or any other content we deem inappropriate. You may not exploit MailGet’s service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you’re permitted for your service level.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. MailGet will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on https://www.formget.com/mailget, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of MailGet, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by MailGet.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by MailGet. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, MailGet EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MailGet Abuse Desk & Contact Information
What We Do To Prevent Abuse –
After approval, MailGet email deliverability team monitor all outgoing mail, list uploads, feedback loops, and a variety of other undisclosed factors and patterns that may indicate sending behavior in violation of our policies. If suspicious activity is found or detected, we suspend accounts associated with the user and take appropriate action which may include termination of the account.
How To Report Abuse –
If you suspect that someone using the MailGet service has sent unsolicited email to you in conflict with our permissions policy, please forward the email in question to firstname.lastname@example.org
We will remove you from the list, thoroughly investigate the account and user who sent the email, and take appropriate action to prevent any future abuse.