By using the E-Formz website (Site) or E-Formz services (Services), you agree to be bound by the following Terms and Conditions.E-Formz reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms and Conditions, at any time and without prior notice. If we modify these Terms and Conditions, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the Last Updated Date in these Terms and Conditions. By continuing to access or use the Site or Services after we have posted a modification to these Terms and Conditions or have; provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Site and Services

1. MK Software Terms of Use Are Included as Part of These Terms is a service provided by MK Software Your use of the E-Formz Services is subject to the MK Software Website Terms of Use and Legal Restrictions, which are incorporated by reference, as well as these MK Software Terms of Use and Privacy Policy (collectively, "Terms"). If there is any conflict between the E-Formz Terms and the MK Software Website Terms of Use and Legal Restrictions, the Eformz. in Terms of Use and Privacy Policy shall control.

2. Modifications to Terms

We reserve the right, at any time, to modify, alter, update or remove portions of these Terms. Please check them from time to time as your continued use of the E-Formz Services signifies your acceptance of any changed items.

3. Acceptance of the Terms

Your use of the E-Formz Services is your acceptance of the Terms. If you do not agree to all the Terms, do not use the E-Formz Services. You may not use the E-Formz Services or accept the Terms if : (a) you are not of legal age to enter into a binding contract; or (b) you are a person prohibited by the laws of India or any other country from receiving the services on the Site, including export and import control laws.

4. Our Provision of Services

You agree that we may stop providing the E-Formz Services (including any features within the E-Formz Services) to you or to all users at our sole discretion, without any prior notice to you. You may stop using the E-Formz Services at any time and need not provide any notice to us that you have stopped such use. In the event that you provide notice of termination of use to us, you agree that we may contact you (although we are under no obligation to do so) to confirm your notice of termination.

You agree that if we disable access to your account, you will be prevented from using the E-Formz Services as well as any information, including files, contained in your account.

You agree that we may limit, at our sole discretion, the number of transmissions you may send or receive through the E-Formz Services, the amount of storage space you may use for the E-Formz Services, and the bandwidth you may use in connection with the E-Formz Services, without any prior notice to you.

You acknowledge and agree that the E-Formz Service will not necessarily be uninterrupted, timely, secure, or error-free.

You agree to indemnify, defend and hold MK Software and its partners, attorneys, employees, agents and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys' fees, related to your violation of these Terms and Conditions, use of our services, creation or use of a form, collection, possession or use of data derived from a form, or any service provided or performed or agreed to be performed, or any product sold by you, your agents, employees or assigns.

5. Your Use of Services and Registration

You acknowledge and agree that, in consideration for your use of the E-Formz Service, you : (a) will provide complete and accurate information about yourself in the required fields in the registration form(s); (b) will promptly update such information to keep it accurate, current, and complete; and (c) for so long as you maintain a E-Formz Service account, grant us the right to contact you regarding the E-Formz Services and other MK Software services, products and offerings. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that the information not true, accurate, current, or complete, we may suspend or terminate your account and/or refuse any current or future use of the E-Formz Services.

You agree to keep your password confidential, and acknowledge that you are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements concerning your password and account usage.

You may not use the E-Formz service to collect sensitive information from other users.

6. Privacy Terms for E-Formz

Your use of the E-Formz Services is subject to MK Software's Privacy Policy, which is incorporated here by reference.

7. User Content

You agree that all information (including data files and written text) to which you may have access as part of, or through your use of, the E-Formz Services is the sole responsibility of the person who originated such content. All such information is referred to as "Content."

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the E-Formz Services’s forums or blogs including but not limited to any Content that violates any privacy or confidentiality rights of another party or violates any law or regulation or violates any portion of the Terms.

You agree that you are solely responsible for (and that we has no responsibility to you or to any third party for) any Content that you create, transmit, submit, or display while using the E-Formz Services and for the consequences of your actions, including any loss or damage which we may suffer, by doing so.

You agree that we have no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the E-Formz Services. You further acknowledge that you are solely responsible for securing and backing up any of your Content.

Content that you create, transmit, submit, or display while using or creating forms in the E-Formz Services is controlled by you or other users of the E-Formz Services, not by us. The E-Formz Services operate as a data processing service that assists users in managing the users Content. In providing the E-Formz Services, we are a data processing service provider, and do not control the collection or use of the users Content and is not responsible for such Content.

You understand that any free account that has been inactive (the user has not logged into the E-Formz administration tool or received any submissions on their forms) for three or more months is subject to termination. E-Formz will attempt to notify you of such pending termination by sending a message to the email address stored for your account.

For all non-paid or free accounts you agree to allow E-Formz to place a company logo or a "powered by" or similar link on all forms.

8. Proprietary Rights

You agree that we or our licensors or vendors own all legal right, title and interest in and to the E-Formz Services, including any intellectual property rights which subsist in the E-Formz Services.

Nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

We claim no ownership or control over any Content not originated by us. You retain copyright and any other rights you already hold in the Content, and you are responsible for protecting those rights, as appropriate. For the sole purpose of enabling us to provide you with the E-Formz Services in accordance with its privacy policy, you give us a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content by submitting, posting or displaying the Content on or through the E-Formz Services.

Except as provided in the preceding paragraph, we acknowledge and agree that we obtain no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the E-Formz Services, including any intellectual property rights which subsist in that Content. You agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.

9. Cancellation of account

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Myy Account link in the navigation bar at the top of the screen. Any cancellation of your account will result in the deactivation or deletion of your account or your access to the account. Please be aware that E-Formz may for a time retain residual information and/or archival copies in its database.

10. Notices

If you engage in any activity set forth above or violate any other Terms and Conditions, your account will be terminated and use of the E-Formz services prohibited. E-Formz will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

E-Formz or Eformz is a trademark of MK Software in India and other countries. You may view a complete list of MK Software trademarks here. All other trademarks, product names and company names and logos are the property of their respective owners.

Copyright 2009-2013, MK Software Any rights not expressly granted herein are reserved.

You agree that these Terms and Conditions shall be treated as though they were executed and performed in Mumbai, India, and shall be governed by and construed in accordance with the laws of the India (without regard to conflict of law principles).

MK Software reserves the right to terminate your account for the violation of any of these terms at any time and without notice.

Last Updated: April 18, 2013