Last updated: May 2, 2008
This Agreement is a legal agreement between the User and SurveyMonkey.com Corporation for the SurveyMonkey.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that SurveyMonkey.com may change its minimum pricing at any time. User must supply SurveyMonkey.com with correct credit card information, and any changes in credit card validity or expiration date must be updated. SurveyMonkey.com will automatically renew and charge User’s account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless SurveyMonkey.com notifies User otherwise in advance. If the credit card cannot be processed for any reason, SurveyMonkey.com reserves the right to cancel the Service.
2. Member Account, Password and Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SurveyMonkey.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SurveyMonkey.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SurveyMonkey.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SurveyMonkey.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SurveyMonkey.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, toruous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a SurveyMonkey.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
SurveyMonkey.com reserves the right to refuse any or all service to any User for any reason, at any time, at SurveyMonkey.com’s sole discretion. User agrees that SurveyMonkey.com may block its IP address or addresses at any time, and at SurveyMonkey.com’s sole discretion, thereby disallowing User’s continued use of SurveyMonkey.com’s web site.
4. Compliance With Agreement And Laws
You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
Although SurveyMonkey has no obligation to review the content provided by you or your use of the Survey Tool, SurveyMonkey may do so and may block any email messages and or terminate any use of the Survey Tool that SurveyMonkey believes may be (or is alleged to be) in violation of the foregoing.
You also agree not to upload survey links to message boards or newsgroups without express permission.
Email and Prohibited Content
Email messages sent in connection with the Survey Tool must contain an “unsubscribe” link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests. You are responsible for ensuring that during use of the Survey Tool your email messages do not generate a number of spam complaints in excess of industry standards. If SurveyMonkey determines that your level of spam complaints is higher than industry standards, SurveyMonkey, at its sole discretion, has the right to terminate your use of its Survey Tool.
Permission Lists Only
SurveyMonkey has a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from you, the sender.
You can only use SurveyMonkey to send emails to lists of people that gave you permission to email them. If you don’t have proof that each recipient on your list opted in for your emails, don’t import them into SurveyMonkey.
- We prohibit the use of harvested mailing lists. SurveyMonkey will terminate
accounts violating this prohibition. We prohibit the use of third-party,
purchased, or rented mailing lists unless you are able to provide proof that
individuals on the list have opted-in to receiving emails of the type you will
be sending them.
- You cannot mail to newsgroups, message boards, distribution lists, or unsolicited email addresses.
- You agree that you shall not utilize the Survey Tool to send any commercial electronic mail messages (as defined in the Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. The CAN-SPAM Act outlines requirements for sending out commercial emails. These rules govern the Internet by United States law. A brief description of the CAN-SPAM Act follows:
- Bans false or misleading header information. Requires valid “reply” and “from” addresses. These must be accurate and identify the person who initiated the email.
- Prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
- Requires the email to provide recipients with a valid opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a “menu” of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
Any opt-out mechanism you offer must be able to process opt-out requests for at least thirty days after you send your commercial email. When you receive an opt-out request, the law gives you ten business days to stop sending email to the requestor’s email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it’s illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
- Include physical mailing address. You message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
If you suspect that SurveyMonkey.com has been used to send spam, please contact us immediately at firstname.lastname@example.org and we will investigate accordingly.
6. Modifications To Service
SurveyMonkey.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SurveyMonkey.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that SurveyMonkey.com has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that SurveyMonkey.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that SurveyMonkey.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.
All title and copyrights in and to the Software are owned by SurveyMonkey.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
8. Links to Third Parties
SurveyMonkey.com makes no claims or representations about any Web Site not under SurveyMonkey’s control that a User may access from SurveyMonkey.com’s web site– by link, frame, or any other means (“Linked Site”). Any link, frame, or any other means to access any Linked Site provided by SurveyMonkey.com or otherwise on SurveyMonkey.com’s web site does not constitute SurveyMonkey.com’s endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
9. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SURVEYMONKEY.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SURVEYMONKEY.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. SURVEYMONKEY.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SURVEYMONKEY.COM SITES/SERVICES AT ANY TIME.
SURVEYMONKEY.COM CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SURVEYMONKEY.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SURVEYMONKEY.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SURVEYMONKEY.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A SURVEYMONKEY.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SURVEYMONKEY.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SURVEYMONKEY.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SURVEYMONKEY.COM SITE/SERVICE BY ANY THIRD PARTY.