Terms & Conditions Of FormGet & MailGet/MailGet Bolt
1. 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. In case of MailGet Bolt, we can suspend your MailGet Bolt account if the complaint rate is more 0.15% or the bounce rate is more than 8%.
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.
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.
4. 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.
- 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.
- FormGet & MailGet/MailGet Bolt Email Marketing services (the “Service”) enable corporate websites, small business websites, 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 FormGet & MailGet/MailGet Bolt.
- All subscription plan prices are subject to change at any time.
- 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.
- 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 FormGet & MailGet/MailGet Bolt 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 owners of the User Content, and (ii) the User Content does not violate the rights of any third party.
- It is understood that FormGet & MailGet/MailGet Bolt 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. FormGet & MailGet/MailGet Bolt 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, FormGet & MailGet/MailGet Bolt 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 get added to suspended, spam and bounce list will also be counted in your subscriber plan. Please note that in case you import contacts in suspended, spam and bounce list from your end, then those contacts will not be counted in your subscriber plan.
- You will be allowed to only remove/delete 50% of subscribers per month as per your purchased plan. Like if you purchase 10K subscriber plan, then you will be allowed to delete/remove 5K subscriber once in a month. This policy is valid for every plan of MailGet and MailGet Bolt.
- 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 rights of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any FormGet & MailGet/MailGet Bolt. 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 FormGet & MailGet/MailGet Bolt 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.
5. 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. FormGet & MailGet/MailGet Bolt 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.
UNLESS OTHERWISE EXPRESSED, FormGet & MailGet/MailGet Bolt 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.
All content and materials available on https://www.formget.com/mailget and https://www.formget.com/mailget-bolt including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of FormGet MailGet/MailGet Bolt 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 FormGet & MailGet/MailGet Bolt.
This agreement is in effect as of September 1, 2018.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- The use of our Resources will meet your needs or requirements.
- The use of our Resources will be uninterrupted, timely, secure or free from errors.
- The information obtained by using our Resources will be accurate or reliable, and
- Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- No information or advice, whether expressed, implied, oral or written, obtained by you from FormGet or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
This website is controlled by FormGet. 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.
FormGet Plugin/Extensions Licenses
- You are completely free to use FormGet on any commercial/non-commercial projects.
- FormGet Contact Form Joomla Plugin/Extension comes with GPL v2 License.
- FormGet Contact Form WordPress Plugin comes with GPL v2 License.
NOTE: NO REFUND WILL BE PROVIDED IF THE ACCOUNT HOLDER HAS NOT REQUESTED FOR CANCELLATION PRIOR TO BILLING DATE
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: https://www.formget.com/contact-us/
2. MailGet/MailGet Bolt
This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. MailGet/MailGet Bolt (“MailGet” or the “Service”) is an email service offered through the URL www.formget.com/mailget-app/ or /mailget-bolt (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients.
This agreement is in effect as of September 1, 2018.
In order to use MailGet/MailGet Bolt, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using MailGet/MailGet Bolt, you represent and warrant that you meet all the requirements listed above and that you won’t use MailGet/MailGet Bolt in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) MailGet/MailGet Bolt may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for MailGet/MailGet Bolt and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for MailGet/MailGet Bolt on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
4. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
5. Cancellation Request
Note: No refunds will be provided if the user has not requested for cancellation prior to the date of payment.
You must export the data/records associated with your account within the period of 3 months after your account is expired/terminated. We may delete your data post account expiration/termination.
6. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one.
Anyone using a credit card represents and warrants that they are authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order after some retries, we’ll try to contact you by email and suspend your account until your payment can be processed.
PLEASE NOTE THAT ALL PLANS ARE RECURRING IN NATURE, SO AUTO-DEBIT WILL BE DONE FOR YOUR SUBSCRIPTION.
We’ll give you a refund for a month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances.
NO REFUND WOULD BE GIVEN IF :
- Your MailGet /MailGet Bolt account is suspended because of spamming or other related issues.
- You do not follow our Terms of Service & Acceptable Use Policy.
- You do not request for cancellation of your account prior to the date of payment.
- Emails have been send using MailGet/MailGet Bolt.
Note: Monthly fees will be charged even if your account was not used to send emails until user notifies us through mail.
8. Right to Review Email Campaigns
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. For example, We study data internally to make our Email Genome Project smarter and create better experiences for senders and subscribers.
RULES AND ABUSE
9. General Rules
You promise to follow these rules:
- You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
- You won’t use purchased, rented, or third-party lists of email addresses.
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
MailGet does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an email campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:
- A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
- Prohibited Use. You may not use MailGet/MailGet Bolt 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/MailGet Bolt’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.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
- A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
- A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
By using MailGet/MailGet Bolt, 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 /MailGet Bolt account is suspended because of spamming or any other related issue, then no refund would be done in any case.
10. Reporting Abuse
What We Do To Prevent Abuse –
After approval, MailGet/MailGet Bolt 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/MailGet Bolt service has sent unsolicited email to you in conflict with our permissions policy, please forward the email to [email protected]
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.
11. 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 website to your profile page to share with others within your network.
Acceptable Use Policy
Please don’t use MailGet/MailGet Bolt to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
- Emails offering to sell illegal goods or services
- Emails that violate CAN-SPAM Laws
- Pornography/sexually explicit content
Some industries have higher-than-average abuse complaints, which can jeopardize the deliverability of our entire system. Nothing personal, but in order to maintain the highest delivery rates possible for all our customers, we can’t allow businesses that offer these types of services, products, or content:
- Escort and dating services
- Pharmaceutical products
- Work from home, make money online, and lead generation opportunities
- Gambling services or products
- Multi-level marketing
- Affiliate marketing
- Credit repair and get out of debt opportunities
- List brokers or list rental services
- Selling “Likes” or followers for a social media platform
Sending Subject to Additional Scrutiny
We’ve also found that certain types of content may cause higher-than-average abuse rates. In general, hard bounce rates should be under 5%, and spam complaint rates should be less than 0.1%. For that reason, we may closely review, suspend, throttle, or disable accounts that exceed these rates and/or offer the following services, products, or content:
- Online trading, day trading tips, or stock market-related content
- Daily horoscope reports
- Mortgages and loans
- Nutritional, herbal, and vitamin supplements
- Adult Entertainment/Novelty Items
- Real estate
- Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content
We work hard to maintain the positive reputation of our system, but we count on our customers to pitch in too. You may not:
- Send Spam. Spam can be in the form of bulk emails or one to one commercial emails. For bulk emails, we use the definition by Spamhaus, in short, “unsolicited bulk email.” For single commercial emails, we define spam as any message that violates CAN SPAM law.
- You must be able to point to an opt-in form or show other evidence of consent for bulk email.
- Put into your Email or Account any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
- Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
- Share your password.
- Use any of the software on our Website, or downloaded from the Website, to create a competing product.
- Use an outside unsubscribe process when sending bulk content to a list hosted in MailGet.
- Set up multiple accounts for any person or entity in order to send similar content, unless you’re part of a franchise or agency.
- Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
- Send email that will be delivered to recipients as text, SMS, or MMS messages unless using a feature designed for that purpose.
- Upload or send to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
- Send or forward personal mail. Send content created in MailGet through another service.
- Host images on our servers for any purpose other than for use in your email campaigns.
- Host content on our servers for any purpose other than to send email campaigns.