Our TERMS & CONDITIONS of use – The “agreement”

For the purpose of this agreement “FreeOnlineSurveys.com” is a wholly owned trading name and service of Problem Free Limited based in the UK at: 1 Fairbourne Rd, St.Austell, Cornwall, PL25 4NR and company registration in England no. 04602671.


Accepting responsibility for the terms of this agreement

Whenever you use any of the FreeOnlineSurveys.com systems on this website in any way whatsoever, you and/or your organization agree to the following:

• You and/or your organization expressly acknowledge and agree that use of the FreeOnlineSurveys.com service and their website is at your sole risk. The service and the site are provided on an "as is" and "as available" basis.
• You and/or your organization accept FULL responsibility as to the ownership of an email list and accept that FreeOnlineSurveys.com has no relationship with the recipients in any way whatsoever and can be in no way held liable as to the outcome of any email broadcast undertaken by you and/or your organisation.
• You and/or your organization agree to accept FULL liability as to any legal claim from any or a number of recipients which may arise following an email broadcast of the contents (including but not limited to the text, images or sounds) of your survey undertaken by you and/or your organization.
• You and/or your organization accept full responsibility for the outcome of a survey campaign and agree to NOT hold FreeOnlineSurveys.com responsible for the commercial performance of any such campaign.
• You and/or your organization agree to use suitable legal content for ANY email broadcast ie. NO misleading, defamatory material of any nature – pornographic or otherwise.
• You and/or your organization agree to comply with your country’s specific laws outlining the legal content of any email campaign in the areas of and including - but not limited to - policies and laws related to broadcasting suitable material to anyone under 18 years of age, spamming, privacy, obscenity, acceptable age limits or defamation and child protective email address registry laws currently in place to protect recipients.
• FreeOnlineSurveys.com is not responsible for the contents of any survey or invitations to take surveys or invitations to view survey results created on or through their service nor is it responsible for the responses submitted to any survey requests or for the results generated by survey responses.
• FreeOnlineSurveys.com does not warrant or make any representations regarding the reliability or accuracy of the registration information supplied to FreeOnlineSurveys.com nor the responses or information supplied by survey respondents to users in response to surveys. FreeOnlineSurveys.com does not warrant or make any representations regarding the use or the consequences of the use of any survey, survey responses or survey results nor does FreeOnlineSurveys.com warrant the correctness, usefulness, reliability, accuracy or otherwise of any survey, survey responses or survey results. FreeOnlineSurveys.com is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any survey, survey responses or survey results created on or through the service or the site. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of any surveys, survey responses, survey results or other information received while using the service or site.
• If you are caught broadcasting any such illegal material and successfully prosecuted you agree to NOT hold FreeOnlineSurveys.com responsible in any way whatsoever and agree to pay all legal costs arising out of such a prosecution and fully indemnify FreeOnlineSurveys.com against any arising legal claim whatsoever.
• In addition, you acknowledge and agree that FreeOnlineSurveys.com has the right to seek damages when you use their services for any unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although FreeOnlineSurveys.com has no obligation to monitor the content provided by you or your use of their systems, FreeOnlineSurveys.com may do so and may remove any such content or prohibit any illegal use of their services it believes may be (or is alleged to be) in violation of the law.
• You and/or your organization agree to the terms of our license agreement covering the use of our permission-based system (see above).
• You agree to ALWAYS include the automated unsubscribe link at the bottom of every email broadcast from within your system account – DO NOT REMOVE THIS LINK UNDER ANY CIRCUMSTANCES AS YOU WILL BE BREAKING THE LAW.
• For every email message or survey sent from our systems, you acknowledge and agree that we may automatically add an identifying footer stating "Powered by FreeOnlineSurveys.com" or a similar message. You agree to cooperate with and provide reasonable assistance to FreeOnlineSurveys.com in promoting and advertising of our services.
• No agency, partnership, joint venture, or employment is created as a result of the agreement, and you do not have any authority of any kind to bind FreeOnlineSurveys.com in any respect whatsoever.
• This is an agreement for services, and you are not granted a license to any software by signing up and paying for our services and agreeing to this agreement.
• You will not, directly or indirectly - reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the services or any software, documentation, or data related to the services ("Software"); remove any proprietary notices or labels from any of the services or any Software, modify, translate, or create derivative works based on the services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the services or any Software.
• FreeOnlineSurveyscom makes no warranty that the service or site will meet your requirements or that the service will be uninterrupted, timely, secure, virus-free, error-free, accurate or reliable; nor does FreeOnlineSurveys.com make any warranty as to any information that may be obtained through the service or site or that defects in the software for the service will be corrected or that the site is free of viruses or other harmful components.
• You and/or your organization understand and agree that any material and/or data downloaded or otherwise obtained through use of the service or site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
• FreeOnlineSurveys.com makes no warranty regarding any goods or services purchased or obtained through the service or site or any transactions entered into through or based upon the service or the site. No advice or information, whether oral or written, obtained by you from the service or site or through the service or site shall create any warranty not expressly made herein.
• FreeOnlineSurveys.com reserves the right to suspend or terminate any survey or account without warning should we deem it necessary.  Such reasons include but are not limited to; spamming, password harvesting, phishing scams, copyright or IP infringement, fraud, or activities that may impact on our systems and/or customers.
  

Suspension and termination of your account for illegal use or complaints

Emails that you send through our email system or sent through a third party email system may generate abuse complaints from recipients. As a matter of privacy, FreeOnlineSurveys.com cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. FreeOnlineSurveys.com, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this agreement.

If FreeOnlineSurveys.com receive such a complaint from one or more of your recipients, we reserve the right to immediately suspend your account until further notice. If after further investigation it is found that you and/or your organization has used any illegal email lists, content or ‘tactics’ ie. SPAM your account will be terminated forthwith and NO refund will be offered.

Our control - Uploading large email lists and stopping SPAM

FreeOnlineSurveys.com actively monitors the uploading of large email lists and emails being broadcast to large numbers of subscribers. In order to have some element of control against suspected SPAM, we limit single data uploads to 10,000 email addresses.  If you and/or your organization are found to be using or intending to use our email system for the sending of Unsolicited Commercial Email (UCE) or SPAM, you and/or your organization will be immediately banned from using our system and NO refund will be offered.


Our ANTI-SPAM Policy

FreeOnlineSurveys.com does NOT support or tolerate SPAM under ANY circumstances and actively fights to STOP SPAM wherever possible.  FreeOnlineSurveys.com fully supports the CAN-SPAM Act of 2003.

What constitutes SPAM

The sending of unsolicited commercial emails (UCE) or unsolicited bulk emails where the email addresses being used are NOT proven to be opt-in or permission based.

Complying with the law

In order to comply with current EU and US anti-spam legislation, whenever you distribute a survey hosted by our system you agree and accept the following conditions as to the relationship between you and/or your organization and that of your intended email recipients which are:

• The recipient has previously ‘opted-in’ to receive emails from you and/or your organization
• The recipient is someone you and/or your organization have a proven business relationship with ie. A customer
• The recipient has provided their email address with the knowledge that you will contact them regarding business related services from time to time
• NONE of the recipients have generic email addresses such as:
  sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com etc.

You also agree NOT to:

• Falsify the originating email address or transmission path information
• Use a ‘3rd Party’ email address or domain name without the owners permission and full knowledge
• Enter false information in the Subject line of your intended email

List rental, purchase or harvesting

FreeOnlineSurveys.com will not allow their surveys or email broadcast system to be used in conjunction with email lists which have been rented, purchased or harvested by any means. By signing up to use our system you fully agree to acknowledge that the list you intend to use is wholly owned by you and/or your organization and it is a permission-based list.

Accepting ownership and responsibility for your email lists

Whenever you use any of our systems in any way whatsoever, you and/or your organization agree to the following:

• You and/or your organization accept FULL responsibility as to the ownership of an email list and accept that FreeOnlineSurveys.com has no relationship with the recipients in any way whatsoever and can be in no way held liable as to the outcome of any email broadcast undertaken by you and/or your organisation.
• You and/or your organization agree to accept FULL liability as to any legal claim from any or a number of recipients which may arise following a broadcast undertaken by you and/or your organisation – See our Terms and Conditions of use.
• You and/or your organization accept full responsibility for the outcome of an email broadcast and agree to NOT hold FreeOnlineSurveys.com responsible for the commercial performance of any such broadcast.
• You and/or your organization agree to use suitable legal content for ANY email broadcast ie. NO mis-leading, defamatory material of any nature – pornographic or otherwise.
  
• You and/or your organization agree to comply with your country’s specific laws outlining the legal content of any email marketing campaign in the areas of and including - but not limited to - policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws currently in place to protect recipients.  
• If you are caught broadcasting any such illegal material and successfully prosecuted you agree to NOT hold FreeOnlineSurveys responsible in any way whatsoever and agree to pay all legal costs arising out of such a prosecution and fully indemnify FreeOnlineSurveys.com against any arising legal claim whatsoever.
• You and/or your organization agree to the terms of our license agreement covering the use of our permission-based system (see above).
• You agree to ALWAYS include the automated unsubscribe link at the bottom of every email broadcast from within your system account – DO NOT REMOVE THIS LINK UNDER ANY CIRCUMSTANCES AS YOU WILL BE BREAKING THE LAW.

We set out to comply with the main aspects of the CAN-SPAM Act which are:

• The banning of false or misleading email header information. We pre-verify the email addresses you intend to use as your "To" and "From" emails for your broadcasts and check routing information – including the originating domain name and email address which must be accurate and identify the person who initiated the email.
• It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the email message.
• Requires a clear and conspicuous opt-out mechanism within every commercial email sent such as an automated unsubscribe facility
• Requires the inclusion of a valid physical postal address within every commercial email sent.  ALL users will have to enter a valid and accurate postal address for any new campaign. This postal address will appear in the footer of your emails and may change from campaign to campaign in the event that that “sender” changes.

Penalties

Each violation of the above provisions is subject to fines of up to $11,000. Deceptive commercial email also is subject to laws banning false or misleading advertising.
Additional fines are provided for commercial emailers who not only violate the rules described above, but also:

• "harvest" email addresses from Web sites or Web services that have published a notice prohibiting the transfer of email addresses for the purpose of sending email
• generate email addresses using a "dictionary attack" – combining names, letters, or numbers into multiple permutations
• use scripts or other automated ways to register for multiple email or user accounts to send commercial email
• relay emails through a computer or network without permission – for example, by taking advantage of open relays or open proxies without authorization.

The law allows the DOJ to seek criminal penalties, including imprisonment, for commercial emailers who do – or conspire to:

• use another computer without authorization and send commercial email from or through it
• use a computer to relay or retransmit multiple commercial email messages to deceive or mislead recipients or an Internet access service about the origin of the message
• falsify header information in multiple email messages and initiate the transmission of such messages
• register for multiple email accounts or domain names using information that falsifies the identity of the actual registrant
• falsely represent themselves as owners of multiple Internet Protocol addresses that are used to send commercial email messages.

Limitation of Liability

To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall FreeOnlineSurveys.com or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as "FreeOnlineSurveys.com" be liable to you and/or your organization or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if FreeOnlineSurveys.com shall have been informed of the possibility of such damages, or for any claim by any other party.

In the event that notwithstanding the foregoing, FreeOnlineSurveys.com is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of FreeOnlineSurveys.com to you will be limited to the amount you paid for the services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

In any legal action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover its costs and all legal costs arising from such action.

This “agreement” shall be governed by the laws of England and Wales without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the agreement shall be brought in the courts located in England and Wales.

"FreeOnlineSurveys.com" is a wholly owned trading name and service of Problem Free Limited of England in the UK.

Our Payment Policy

For payment purposes, “FreeOnlineSurveys.com” is a wholly owned trading name and service of Problem Free Limited Ltd based in the UK at: 1 Fairbourne Rd, St. Austell, Cornwall, PL25 4NR.

Payment - Free Trial, Service fees and Payment

If you have exceeded the limits of the free service (10 days and 50 responses per survey, whichever limit is reached first) you will need to upgrade to a monthly subscription to continue working with that survey. You will be required to submit payment in advance for any of the services you sign up to. This can be done online with a credit card via our secure WolrdPay account or via a cheque (for annual payments in advance) made payable to ‘Problem Free Limited’ and sent to our offices above. Please contact customer services prior to sending any cheque so that a payment reference can be issued. Access to your online account will be disabled until payment has been received.

You will be billed monthly or your credit card account will be debited monthly for all services used as described in detail on our website. The fees are based on the arranged storage quota allocated to your account. You are responsible for reviewing our costs. The costs we charge, including subscriber levels and prices, are subject to change at any time at FreeOnlineSurveys.com’s discretion.

Payment for our services will be made using a valid acceptable credit card or by cheque (for annual payments in advance.) Fees are payable in either UK Pounds, US dollars or Euros. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize FreeOnlineSurveys.com to charge your credit card for such amounts on a regular monthly basis until you cancel the account using our cancellation page (located on the contact us page after logging in) or through the WorldPay payment service or by emailing support@problemfree.co.uk. If you do not receive a cancellation confirmation email then you should assume that we did not receive your email and should contact us at the above address for assistance. If FreeOnlineSurveys.com is for any reason unable to effect automatic payment via your credit card, FreeOnlineSurveys.com will attempt to notify you via email and your FreeOnlineSurveys.com account will be disabled until payment is received. Any paid for services are not refundable.

If you forget to cancel your subscription then you will continue to be billed on a monthly basis until you contact us. Refunds may be given but this is at the sole discretion of FreeOnlineSurveys.com.

You acknowledge and agree that you are responsible for paying all costs for all the FreeOnlineSurveys.com services signed up to by you and/or your organisation via our website, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. If for any given month your account remains ‘unpaid’, FreeOnlineSurveys.com reserve the right to suspend your account until any outstanding fees have been fully paid.

Student/Academic discount

We may choose to offer a reduced rate to students and academics in full time education. This offer is also extended to educational organisations themselves. If you are unsure whether you qualify for the discount then please email us and obtain written confirmation.

Student accounts should not be used to conduct any kind of commercial research. The student package cannot be used to conduct research intended to be of benefit of a commercial orginisation without the prior written permission of FreeOnlineSurveys.com. Companies and individuals not in full time education found to be using the student/academic discounted package will be liable to pay a $5000 fine to FreeOnlineSurveys.com.

Cancellation

You may terminate this agreement at any time by either emailing support@problemfree.co.uk, or writing to FreeOnlineSurveys.com’s offices in the UK. You may also use the online cancellation form or cancel via the WorldPay cancellation procedure. There are no refunds for any fees paid in respect of cancellations.

FreeOnlineSurveys.com may terminate this agreement or their services, disable your account or suspend your account, in each case at any time with or without cause, and with or without notice. FreeOnlineSurveys.com shall have no liability to you or any third party because of such termination or action.

FreeOnlineSurveys.com reserves the right to delete any of your archived data within 30 days after the date of termination. All sections of this agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

If your account is classified - at FreeOnlineSurveys.com's sole discretion - as inactive for over 2 years, FreeOnlineSurveys.com has the right to permanently remove your data.

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