WorldAPP will provide online form hosting, and other form services to you, our Customer, under the following terms:
You acknowledge that WorldAPP does not regulate or take any responsibility for the content of information, files, images, or other communication transmitted to or by WorldAPP.
You, the Customer, warrant that you have all rights necessary to lawfully submit any information or materials that is uploaded to WorldAPP, including all intellectual property rights.
You, the Customer, agree not to publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or racially or ethnically derogatory content, or any content expressing hate towards any person or groups of persons due to race, religion, color, creed, national origin or sexual orientation.
You, the Customer, agree to indemnify WorldAPP against actions brought by a third party as a result of such material or information, or as a result of Customer's use in any way of the Services provided by WorldAPP.
WorldAPP's email distribution functionality is not to be used to send emails that are encouraging recipients to purchase specific products or services, or collect information that will later be used to sell products or services to specific recipients. Our customers can use their own email software or that of a third party to send out the invitations, and WorldAPP's data collection software can be used to capture resulting information. Since some WorldAPP data collection functionality depends on WorldAPP's software sending out email invitations, some functionality may not be available to our customers when emails are sent outside of the WorldAPP data collection system.
Zero Spam and Offensive Content
Supplier has a zero-tolerance policy against e-mail ‘spamming'. As a condition of using the Subscribed Services, Customer agrees to make commercially reasonable efforts to ensure that any email messages Customer sends using the Subscribed Services abide to requirements of CAN-SPAM act and other applicable laws. Supplier reserves the right to monitor Customer's usage of the Subscribed Services and suspend Customer's access to the Subscribed Services if Supplier judges Customer's usage to be "spamming" or otherwise offensive.
Unusual Transaction Policy
Customer understands that there is a "heavy launch" algorithm used within the Supplier's application used to identify large e-mail distribution launches that could potentially affect system performance. This algorithm calculates amount of complex logic, number of questions, number of recipients, etc. If the survey has potential for causing system slowdowns, the "heavy launch" will be triggered and this will require WorldAPP support intervention. Supplier's support team will assist with the launch of the survey within 24-48 hours of this request, typically during non-business hours to ensure there are no issues with the system.
If, at any time, we, WorldAPP, believe you are in breach of any of the terms and conditions contained in this agreement, WorldAPP may immediately terminate this agreement without liability.
WorldAPP makes no warranties of any kind, whether expressed or implied, for the services to be provided hereunder.
You, the Customer, agree that WorldAPP shall not be liable for any losses or damages of any kind to Customer, including, but not limited to, those that may result from service interruptions, delays, non-deliveries, or mis-deliveries. Additionally, WorldAPP makes no warranties regarding its ability to recover any lost data, lost files, or other information, regardless of how or why the file was lost.
Service invoices will be sent to Customer in advance of receiving services and will be in accordance with the Billing policies and service rates as set forth on the WorldAPP Products page. Customer agrees to submit payment in US$ for all statements upon receipt. Accounts 30 days past due are subject to suspension or termination and a service resumption fee. Cancellation of an account will result in deletion of all Customer's files, including email. Customer agrees that submission of credit card information to WorldAPP constitutes authorization by Customer to bill the specified credit card for all fees owed by customer to WorldAPP.
Late Fee Penalty: WorldAPP will apply a late fee charge per month of 1.5%, or the most permitted by law on any past due balance not paid within 30 days of the date shown on invoice.
Litigation and Attorney's Fees
In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in Delaware and the prevailing party in any such dispute shall be entitled to reasonable costs, including collection costs, and attorney's fees.
Entire Agreement and Severability
This represents the complete agreement and understanding between WorldAPP and Customer with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.
Under California Civil Code Section 1789.3, you are entitled to the following specific consumer rights information:
(a) Contact Information. You can contact us at:
WorldAPP, 220 Forbes Road,
Braintree, MA, 02184, or by phone
(888) 708-8118 (Toll Free).
(b) Complaints. The procedures that you may follow in order to resolve a complaint regarding this Site are as follows: Contact the California Department of Consumer Affairs to resolve a complaint. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254. You can obtain further information regarding use of this Site by contacting the California Department of Consumer Affairs.
The Web site and the materials on it are owned by or licensed to WorldAPP and protected from unauthorized copying and dissemination by U.S. Copyright Act (http://www.copyright.gov/title17/), U.S. Trademark Law (http://www.uspto.gov/web/offices/ tac/tmlaw2.html), international conventions, and other intellectual property laws. Unauthorized use is prohibited. If content originates from other writers, publishers, consultants, and business professionals, that content remains the copyrighted property of those contributors and may not be copied or published without their express permission.
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