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CONSTANT CONTACT® WEBSITE AND PRODUCTS TERMS AND CONDITIONS OF USE



PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND
CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO
THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF
USE. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS OF USE, THEN YOU MAY NOT USE THIS WEBSITE OR THE PRODUCTS.



Last revised: December 07, 2020

 


TABLE OF CONTENTS:



 1.  General Terms and Conditions
 2.  Communication with You
 3.  Copyright and Trademark Information
 4.  Fees; Payment; Taxes
 5.  Access and Use of the Site and the Products
 6.  Communities and Marketplace
 7.  Restrictions and Responsibilities
 8.  Termination
 9.  Indemnification
 10. Warranty Disclaimer; Remedies; Release
 11. Limitation of Liability
 12. Restricted Persons; Export of the Site, the Products or Technical Data
 13. Third-Party Websites and Services
 14. Notice and Take Down Procedures; Copyright Agent
 15. Open Positions on Career Pages
 16. California-Specific Terms
 17. International Use; Prohibited by Law
 18. Miscellaneous
 19. Additional Resources
     
     


1. GENERAL TERMS AND CONDITIONS.




1.1. GENERAL.



Constant Contact, Inc. ("Constant Contact," "we," "us," or the "Company")
provides small businesses and organizations with a variety of products and
services and related offerings, features and functionalities (individually, a
"Product" and collectively, the "Products"). This website (including any related
sub-site, service, feature or functionality) (the "Site") and the Products are
provided subject to these Website and Product Terms and Conditions of Use, as
they may be amended by us, and any guidelines, rules or operating policies that
we may post on this website, including our Anti-Spam Policy, our Prohibited
Content and Commerce Statement and our Privacy Notice, which are specifically
incorporated herein by reference (collectively, the "Agreement"). We may amend
this Agreement from time to time due to changes to the Site or the Products, to
account for developments under the law, or for any other commercially reasonable
reason. Future performance by us of our obligations under this Agreement is
sufficient consideration for any such amendment. Any amendment will only become
effective upon notification to you (by email or by posting on our Site) and, if
you do not want to agree to any such amendment, you should stop using the Site
and the Products and contact us to cancel your account. By checking the box or
clicking the button next to a link to these terms on any of our sign-up pages,
by logging in to your Constant Contact account, by accessing the Site or by
accessing any of the Products (including by means of any API interface), you
accept this Agreement on behalf of yourself and any business or organization you
represent (collectively, "you"). Any terms and conditions that may be contained
in any acknowledgement, invoice, purchase order or other form you provide are
specifically null and void.




1.2. MINIMUM AGE AND ABILITY TO BIND.



The Site and the Products are available only to persons or organizations that
can form legally binding contracts under applicable law. Without limiting the
foregoing, individuals under the age of 18 are not authorized to use the Site or
the Products. If you are using the Site or the Products on behalf of an
organization, you represent and warrant that you have the ability to bind such
organization by your use of the Site and the Products.




1.3. REGISTRATION.



You agree to provide true, accurate, current and complete information about
yourself and your organization, as applicable, as requested in the registration
form and elsewhere on the Site, and you agree to update such information if it
changes.




1.4. ACCOUNT ACCESS.



We may, in our discretion, permit you to authorize additional users to use your
Constant Contact account. For purposes of this Agreement, you are the "Account
Owner" and any other users you authorize will be deemed "Authorized Users." You
will be responsible for each Authorized User’s use of your Constant Contact
account and each Authorized User’s compliance with this Agreement.




1.5. USERNAME AND PASSWORD.



You are responsible for maintaining the security of your Constant Contact
account, passwords and files (including the passwords and files that your
Authorized Users, if any, have access to). We will accept the instructions of
any individual who claims to be authorized to direct changes to your Constant
Contact account so long as such person presents the Account Owner username and
password or provides other appropriate account identifying information, as
determined by us in our sole discretion, by email or by phone, or through a
Third Party Service (as defined below), if any, through which you access the
Site or the Products. We have no knowledge of your organizational structure, if
you are registering for the Products as an organization, or your personal
relationships, if you are a person. You will be solely responsible and liable
for any activity that occurs under your username and the activities of your
Authorized Users, if any, and we shall not be responsible for the actions of any
individuals who misuse or misappropriate your contact lists or other assets
using your username and password or other appropriate account identifying
information. You agree to notify us immediately of any unauthorized use of your
Constant Contact account or any other breach of security.



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2. COMMUNICATION WITH YOU.



We reserve the right to send messages to you to (a) inform you of changes or
additions to the Site, the Products, this Agreement or the Fee Schedule (defined
below), (b) to inform you of violations of this Agreement or actions relating to
your privilege to access and use the Site or the Products, (c) to inform you of
any other matter related to the Site, the Products or this Agreement or (d) for
marketing and other purposes. Nothing in this provision shall require or
obligate us to send any notice if no notice is required or mandated elsewhere in
this Agreement. You may unsubscribe from our marketing communications at any
time, although you will continue to receive transactional messages from us.



You agree that we may, but are not obligated to, monitor or record any of your
telephone conversations and chat texts with us for quality control purposes, for
purposes of training our employees and for our own protection. You further agree
that any Authorized Users or anyone else you authorize to use your account
consents to such monitoring or recording as well. You acknowledge that not all
telephone lines or calls are recorded by us and that we do not guarantee that
recordings of any particular telephone calls will be retained or are capable of
being retrieved or even if retained and retrievable will be made available to
you.



By entering into this agreement, you acknowledge that we may contact you via
telephone (either by a live person, automatic dialer, prerecorded message or a
combination of the foregoing) to discuss the products and you consent to such
contact. Further, you consent to receive such phone calls at the telephone
number you entered on the site. You do not need to agree to this provision in
order to use the Site or purchase the Products and if you would like us not to
contact you by telephone, please send an email to donotcall@constantcontact.com.
Upon request, we may also contact you via telephone (including by automatic
dialer or prerecorded message) or text you in order to provide you with your
password or other information you request.



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3. COPYRIGHT AND TRADEMARK INFORMATION.



The Site and the information it contains, are the property of Constant Contact
and, in some cases, its affiliates and licensors, and are protected by United
States and international intellectual property laws. "Constant Contact" and the
Constant Contact logo are registered trademarks of Constant Contact in the
United States and other countries. This is not intended as a complete list of
our trademarks and other Constant Contact product or service names or logos
appearing in the Site may be trademarks of Constant Contact or its affiliates.



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4. FEES; PAYMENT; TAXES.




4.1. FEES.



(a) Fee Schedule. Once you have completed any applicable free trial period or
exceeded any limits described on the applicable fee schedule (the "Fee
Schedule"), you will be subject to fees in accordance with the Fee Schedule.
Applicable fees will be billed monthly or your pre-paid account will be debited
monthly for the Products, even if you are not actively using the Products. The
Fee Schedule is subject to change at any time in our sole discretion, and if you
do not agree to any such changes, you should contact us to cancel your account.
We will use good faith efforts to notify you prior to the effectiveness of any
significant change to the Fee Schedule, but you are responsible for reviewing
the Fee Schedule from time to time and remaining aware of the fees charged by us
and any applicable discounts. You acknowledge and agree that our measurements
are the definitive measurements for payment due and owed hereunder.



(b) Other Billing Arrangements. If you receive the Products by means of one of
our resellers or partners (a "Reseller"), the Reseller may be responsible for
billing you for the Products and you may be subject to a different fee schedule
and additional terms and conditions. You are responsible for reviewing your fee
schedule and any additional terms and conditions. In the event of any conflict
between this Agreement and the Reseller’s terms and conditions, this Agreement
shall control except with respect to the payment provisions set forth in this
Section 4. If you cease to be a customer of a Reseller, any special pricing,
benefits or terms may no longer be available to you. We may rely on information
provided by the Reseller, if any, with respect to the status of your Constant
Contact account.



(c) Disputes. Notwithstanding anything set forth herein to the contrary, any
disputes about any charges to you under this Agreement must be submitted to us
in writing within 60 days of the date such charges are incurred. You agree to
waive all disputes not brought within the 60 day period, and all such charges
will be final and not subject to challenge.




4.2. PAYMENT; TAXES.



(a) Payment. Payment for the Products, including any add-on Products, will be
made in advance by a payment method accepted by us. Checks (including e-checks
or those sent by mail) will be accepted for prepayments of at least six months.
Fees are only payable in the currencies made available to you when you purchase
our Products. If the monthly payment option is selected or if you have
previously provided us with your credit card or other payment method for
payment, you hereby authorize us to charge by that payment method for such
amounts on a regular monthly basis beginning at the end of any applicable free
trial period and continuing until such time as you terminate your subscription
to the applicable Product(s) or your Constant Contact account is terminated. If
we are for any reason unable to effect automatic payment, we will attempt to
notify you by email and your Constant Contact account may be disabled until
payment is received.



(b) Taxes. We collect and remit tax from our customers located in certain state,
local and foreign jurisdictions where software delivered as a service is taxable
and where we have either physical, economic, affiliate or click-through nexus or
permanent establishment. We determine your local taxing jurisdiction based on
the billing address that you list in the "My Account" section of your Constant
Contact account. Fees set forth in the Fee Schedule do not take into account any
taxes.



You agree to be responsible for and to pay any sales, personal property, use,
VAT, excise, withholding, or any other taxes that may be imposed, based on this
Agreement, use or possession of the Products or your products or services.



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5. ACCESS AND USE OF THE SITE AND THE PRODUCTS.




5.1. PROHIBITION ON SPAM; PERMISSION PRACTICES; MESSAGE REQUIREMENTS.



(a) Prohibition on Spam; Permission Practices. The Products may not be used for
the sending of unsolicited email messages (sometimes called "spam"). All
messages sent by means of the Site or the Products shall be in compliance with
our Anti-Spam Policy.



You are responsible for ensuring that your use of the Site and the Products do
not generate a number of spam or other complaints in excess of industry norms.
We may terminate your access to or use of the Site and the Products if we
determine that your level of spam or other complaints is higher than industry
norms, as determined by us in our sole discretion. As a matter of privacy, we
will not share with you information about those recipients who complain about
your use of the Products or file a spam report against you.



You agree to import, access or otherwise use only contact lists in connection
with the Site and the Products for which all listed parties have consented to
receive correspondence from you (such as by opting into your "Join My Mailing
List" link or similar list sign-up technology). It is not sufficient consent to
receive email correspondence from you if a person or organization participates
in a survey or registers for an event, clicks "Like" on your Facebook® page, or
"follows" you on Twitter®. If you have used our "confirmed opt-in" feature that
allows you to request a recipient to confirm that you have the recipient's
permission to send messages to such recipient (assuming such use is permitted by
laws applicable to you), and such recipient has not responded or does not
respond affirmatively to such request for confirmation, you agree that you shall
not send messages to that recipient. You agree not to send messages through the
Site or the Products to distribution lists, newsgroups, publicly available press
or media addresses or purchased email addresses.



We reserve the right without notice to take all measures of any nature (whether
legal, technical or otherwise) to prevent unsolicited bulk email and/or other
unauthorized email, messages or campaigns from entering, utilizing or remaining
within our network.



(b) Messages. In your use of the Site or the Products, you shall represent
yourself or your organization accurately and will not impersonate any other
person, whether actual or fictitious.



You agree that you are the sole or designated "sender" (as such term is defined
in the United States CAN-SPAM Act of 2003 and any rules or regulations adopted
under such act (the "CAN-SPAM Act")) of any message sent by you using the Site
or the Products. Similarly, for messages sent to Canadian email accounts, you
are the sole person sending or causing or permitting the message to be sent by
you using the Site or the Products (within the meaning of Canada's Anti-Spam
Legislation, S.C. 2010, c. 23 ("Canada's Anti-Spam Legislation")).



You agree that for any email message sent by you using the Site or the Products,
(i) the "from" line of any email message sent by you using the Site or the
Products will accurately and in a non-deceptive manner identify your
organization, your product or your service, (ii) the "subject" line of any email
message sent by you using the Site or the Products will not contain any
deceptive or misleading content regarding the overall subject matter of the
email message, and (iii) you will include your valid physical address, which, if
you are located in the United States, may be a valid post office box meeting the
registration requirements established by the United States Postal Service.



(c) Unsubscribe. Every email message sent in connection with the Products must
contain an "unsubscribe" link that allows contacts to remove themselves from
your mailing list and a link to the then-current Customer Contact Data Notice
description. Each such link must remain operational for at least 60 days after
the date on which you send the message, and must be in form and substance
satisfactory to us. You agree that you will not remove, disable or attempt to
remove or disable either link. You shall monitor and process unsubscribe
requests received by you directly within 10 days of submission and update the
email addresses to which messages are sent through your Constant Contact
account. You cannot charge a fee, require the recipient to give you any
personally identifying information beyond an email address, or make the
recipient take any step other than sending a reply email or visiting a single
page on an Internet website as a condition for honoring an unsubscribe request.
As required under the CAN-SPAM Act and other applicable laws, you acknowledge
that you are responsible for maintaining and honoring the list of unsubscribe
requests following termination of your Constant Contact account and this
Agreement.



You agree that you shall not utilize the Site or the Products to send any
message the primary purpose of which is the commercial advertisement or
promotion of a commercial product or service (including content on an Internet
website operated for a commercial purpose) (a "commercial electronic mail
message" as defined in the CAN-SPAM Act or Canada's Anti-Spam Legislation) to
any person who has opted out or otherwise objected to receiving such messages
from you or another sender on whose behalf you may be acting.




5.2. COMPLIANCE WITH LAWS.



The Site and the Products shall only be used for lawful purposes and you shall
use the Site and the Products only in compliance with this Agreement and all
other applicable U.S., state, local and international laws in your jurisdiction,
including, as applicable:



 1.  the CAN-SPAM Act;
 2.  Canada's Anti-Spam Legislation;
 3.  California Consumer Privacy Act ("CCPA");
 4.  the European Union's General Data Protection Regulation 2016/679 ("GDPR");
 5.  Brazil's Lei Geral de Proteção de Dados Pessoais ("LGPD");
 6.  any policies and laws related to unsolicited emails, spamming, privacy,
     obscenity, or defamation, copyright and trademark infringement and child
     protective email address registry laws;
 7.  laws relating to advertising, sales or promotional efforts or practices,
     redemption, refunds and provision of your products or services;
 8.  laws that govern false, unfair and deceptive practices, coupons, gift
     cards/certificates, defective products or services, unclaimed property,
     alcohol or tobacco, health and safety, fire, and hygiene standards;
 9.  laws that govern lotteries, sweepstakes, contests and promotions; and
 10. laws that govern the collection of donations and charitable giving.
     
     

You further agree to refrain from unethical, false or misleading advertising,
promotions or sales efforts and practices in connection with your use of our
Site or Products.



You may not use our Site or Products for any unlawful or discriminatory
activities, including acts prohibited by the Federal Trade Commission Act, Fair
Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to
commerce.



You are responsible for determining whether our Site or Products are suitable
for you to use in light of any regulations, such as the Health Insurance
Portability and Accountability Act ("HIPAA"), the Gramm-Leach-Bliley Act
("GLBA"), European data privacy laws, or other laws. If you are subject to a
particular regulation and you use our Site or Products, then we will not be
liable if our Site or Products do not meet those requirements.




5.3. RESTRICTIONS ON USE.



We prohibit the use of the Site or the Products by any person or organization
that violates our Prohibited Content and Commerce Statement. You further agree
to comply with the following in connection with your use of the Site and the
Products:



 * You may not access or use the Site or the Products in a way that uses
   technology or other means to access, index, re-render, frame, mirror,
   truncate, add to, inject, filter or link to the Site or the Products that is
   not authorized by us (including by removing, disabling, bypassing, or
   circumventing any content protection or access control mechanisms intended to
   prevent the unauthorized use, download, linking, framing, reproduction,
   access to, or distribution of the Site or the Products).
 * You shall not use the Site, the Products or any Software for timesharing or
   service-bureau purposes or otherwise for the benefit of a third party (except
   as expressly permitted by our partner programs).
 * Unless you are an authorized reseller of the Products, you may not display,
   copy, reproduce, or distribute the Software, any component thereof, any
   documentation provided in connection with Site, the Products or the Software,
   or any content, including but not limited to newsletters distributed to you
   by us in connection with the Products.
 * You may not use any deep-link, page-scrape, robot, crawl, index, spider,
   offline reader, click spam, macro programs, internet agent, or other
   automatic device, program, algorithm or methodology which does the same
   things, to use, access, copy, index, acquire information, generate
   impressions or clicks, input information, store information, search, generate
   searches, or monitor any portion of the Site or the Products for any
   unauthorized purpose.
 * You may not use the Site or the Products in a way that, to be determined in
   our sole discretion, damages, disables, overburdens, impairs, or gains
   unauthorized access to the Site or the Products, including Constant Contact’s
   servers, computer network, or user accounts.
 * You may not use the Site or the Products in a way that removes, modifies,
   disables, blocks, obscures or otherwise impairs any advertising in connection
   with the Site or the Products.
 * You may not copy, display, distribute, download, license, modify, publish,
   re-post, reproduce, reuse, sell, transmit, use to create a derivative work,
   or otherwise use the content of the Site or the Products for public or
   commercial purposes without our express written permission.
 * You shall not interfere with or disrupt the Site or any related Constant
   Contact websites or servers or networks connected to the Site or the
   Products.
 * You shall not restrict or inhibit any other user from enjoying and using the
   Site or the Products.
 * You shall not use the Site or the Products in violation of applicable law or
   third party rights (including third party terms of service), and shall not
   use the Site or the Products for hosting content (for example, images and
   documents) that infringes on the intellectual property rights of others.
 * You shall not repeatedly upload and remove unique email addresses, materially
   misrepresent the number of contacts you initially intend to include in your
   account upon signing up for the Products, or otherwise try to manipulate data
   in an attempt to circumvent our Fee Schedule or other billing procedures.
 * You shall not set up multiple accounts for any individual or organization in
   order to send substantially similar content unless you are part of a
   franchise.
 * You may only use our templates, any images we provide, or any other features
   or functionality of the Products with the Products themselves (for example,
   you may not take an image or template and use it on materials you create
   without using the Products). This restriction also applies to customized
   templates prepared by our professional services group.
 * You shall not use documents and images hosted by us on servers controlled by
   us for any purpose whatsoever other than in connection with the Products. If
   you own the document or image, you can use it outside of the Products
   provided it is not hosted by us.
 * You shall not include any incentives (for example, coupons, discounts or
   awards) in any messages you send by means of the Site or the Products that
   encourage a recipient to forward the message to another recipient, other than
   as expressly encouraged and permitted within the applicable Product.
   
   


5.4. LIMITATIONS ON USE.



You understand that not all messages or campaigns sent through use of the Site
or the Products will be received by or will be capable of being viewed by their
intended recipients or will be viewable by your recipients in the same way they
appear in our product environment. You further understand that delivery of
messages by means of the Site or the Products may involve transmissions over
various networks, and that the messages (including images and text contained
therein) could be reformatted or otherwise revised to conform to the formatting
or technical requirements of such networks. You also understand and agree that
messages exceeding maximum character limitations may be truncated, abbreviated,
reduced or otherwise abruptly cut short.



You agree that we may establish general practices and limits concerning use of
the Site or the Products, including the maximum number of messages or campaigns
that may be distributed by you and/or the maximum size of any messages or
campaigns that may be transmitted by means of the Site or the Products. We
reserve the right to modify, revise, suspend or discontinue any Product in whole
or in part, either temporarily or permanently and with or without notice, and
you acknowledge that we are not obligated to support or update the Products in
any manner. If we discontinue any Product in its entirety that you are using, we
will provide you with advance notice and an opportunity to cancel your account.




5.5. CONTACTS' PRIVACY.



(a) Customer Privacy Notice. You shall adopt and comply with your own “customer
privacy notice.” Your privacy notice will be posted so that your contacts have
notice of your data collection and use practices, including your practices with
respect to contact data that you obtain from us, and will otherwise comply with
applicable law. We have provided you with information regarding our use of
contact data in our Customer Contact Data Notice, which may be modified by us
from time to time. Your customer privacy notice will either adopt the Customer
Contact Data Notice or include substantially similar disclosure (and update such
disclosure from time to time) so that your contacts are aware of how their data
is used by you and us.



(b) Sensitive Information. You will not import or incorporate into any contact
lists or other content you upload to our servers any of the following
information: social security numbers, national insurance numbers, credit cards,
passwords, security credentials, or sensitive personal or health information of
any kind. Notwithstanding the foregoing, if you are a covered entity under
HIPAA, you agree to contact us at legal@constantcontact.com in order to request
a business associate agreement prior to using the Product with your contacts. If
we agree to enter into a business associate agreement with you, you may include
protected health information, subject to this Agreement and the terms of the
business associate agreement (additional fees may apply).




5.6. YOUR PRODUCTS AND SERVICES.



Among other things, the Products may permit you to (i) create an e-commerce
store (“Store”) for selling your products and/or services (“Store Content”);
(ii) book appointments with your users (“Appointments”); (iii) communicate about
or administer contests, competitions, sweepstakes, or other similar promotional
events ("Promotions"); (iv) sell your products and services and tickets to your
events to your subscribers and others in the form of various promotional deals,
coupons, tickets, vouchers, passes or cards (each, a "Deal"); and (v) collect
donations (each, a "Donation Campaign").



You are solely responsible for your products and services, events, Store
Content, Appointments, Promotions, Deals and Donation Campaigns, including any
and all injuries, illnesses, damages, claims, liabilities and costs suffered in
respect thereto. You shall bear all costs of procuring and delivering your
products and services, Store Content, fulfilling your Appointment bookings,
Promotions (including any prizes offered), Deals, running your events and
Donation Campaigns, including any associated shipping, taxes and any other fees
associated therewith. You hold all necessary governmental and third party
licenses, approvals, authorizations and registrations necessary to offer your
products and services, Store Content, Appointments, Promotions, Deals and run
your events and Donation Campaigns, if any.



You agree to provide your products and services, Store Content, Appointments,
Promotions, Deals, and run your events and Donation Campaigns in a safe and
professional manner, consistent with industry best practices, including keeping
reliable records.



You will be solely responsible for any and all statements and promises you make
and for all user assistance, warranty and support of your products and services,
Store Content, Appointments, Promotions, Deals, events and Donation Campaigns
and to comply with any promises you make to your customers, users, donors and
donees. You further agree to provide your contact information for any end-user
questions, complaints or claims. You agree that your Promotions and Deals will
prominently include any applicable rules, restrictions or limitations necessary
to comply with applicable law, this Agreement and your own requirements (the
"Offer Terms") and you agree to comply with the same. Any such Offer Terms must
be presented to prospective purchasers before they commit to make a payment or
take any other action and must include any terms provided by us. If you use the
Site or the Products to offer a Promotion, you are further responsible for
ensuring that you comply with applicable law relating to eligibility
requirements (for example, age and residency restrictions), the selection of
winners and all prizes offered in connection with the Promotion (for example,
registration and obtaining necessary regulatory approvals) and that your Offer
Terms include the foregoing to the extent applicable. You shall ensure that the
rules for each Promotion (i) state that each entrant or participant
unconditionally releases us of any liability arising from the Promotion, and
(ii) inform each entrant or participant that the Promotion is in no way
sponsored, endorsed or administered by, or associated with, us.




5.7. CONSTANT CONTACT CONTENT; LICENSED IMAGES; AUTHORIZED USE.



(a) Constant Contact Content.. Except for your contact lists and content, as
further described in Section 7.4(b) below, all content made available through
the Products, including any images made available through any email or website
builder tools provided by Constant Contact (the “Licensed Images”), designs,
templates, text, graphics, images, video, information, software, audio and other
files, and their selection and arrangement, and all software used to provide the
Products (collectively with the Licensed Images, the “Constant Contact
Content”), are the property of Constant Contact or its licensors. No Constant
Contact Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, scraped, displayed, posted, transmitted, sold or
exploited for any purpose in any form or by any means, in whole or in part,
other than as expressly permitted in this Agreement. You may not, directly or
indirectly, reverse engineer, decompile, disassemble or otherwise attempt to
derive source code or other trade secrets from any Constant Contact Content.



(b) Licensed Images.. To the extent applicable, you are granted a limited,
revocable, non-sublicensable license to use the Licensed Images solely in
connection with the Products. You are prohibited from using any Licensed Images:
(i) with pornographic, defamatory, or unlawful content or in such a manner that
infringes upon any third party’s trademark or intellectual property rights; (ii)
as a trademark, service mark, or logo; and (iii) portraying any person depicted
therein (a "Model") in a way that a reasonable person would find offensive,
including but not limited to depicting a Model (a) in connection with
pornography, "adult videos", adult entertainment venues, escort services, dating
services, or the like; (b) in connection with the advertisement or promotion of
tobacco products; (c) as endorsing a political party, candidate, elected
official, or opinion; (d) as suffering from, or medicating for, a physical or
mental ailment; or (e) engaging in immoral or criminal activities.



(c) Authorized Use.. Any use of the Constant Contact Content other than as
specifically authorized herein is prohibited and will automatically terminate
your rights with respect to your use of the Products and the Constant Contact
Content granted herein. All rights of Constant Contact or its licensors that are
not expressly granted in this Agreement are reserved to Constant Contact and its
licensors.




5.8. WEBSITE BUILDER SERVICES.



(a) Domain Names. In the event you register a domain through Constant Contact’s
Website Builder product, you are subject to the Constant Contact Website Builder
Domain Registration Agreement and the Domain Name Renewal Notification Policy,



(b) Store. If you elect to use a Store for selling your Store Content, you are
solely responsible for any and all Store Content and any transactions or other
activities conducted on or through the Store. Your Store activities are your
responsibility and Constant Contact disclaims any and all liability related to
any Store Content. You represent and warrant to Constant Contact that (i) you
have all necessary rights to post or distribute such Store Content, and (ii)
your Store Content does not infringe or violate the rights of any third party.
You acknowledge and agree that Constant Contact may, but is not obligated to,
monitor your Store and may take any corrective action in Constant Contact’s sole
discretion, including without limitation removal of all or a portion of the
Store Content, and suspension or termination of any and all Products without
refund of any pre-paid fees. You hereby agree that Constant Contact shall have
no liability due to any corrective action that Constant Contact may take,
including without limitation suspension or termination of your Store. You
acknowledge and agree that you are solely responsible for the following:



 * all applicable laws and regulations related to the Store and any Store
   Content including any related consumer, data privacy, and e-commerce laws;
 * taxes and fees associated with the Store, including taxes related to purchase
   or sale of products and services in connection with the Store;
 * customer service for the Store, including any inquiries, concerns, warranties
   you may offer, or claims and complaints relating to the Store;
 * fulfillment and the delivery of Store Content to your customers; and
 * visibility for all terms and policies that may apply, including but not
   limited to privacy notices, cookie notices, return policies, and any offered
   warranties.
   
   

(c) LogoMaker. If you elect to use Constant Contact's LogoMaker Service
("LogoMaker") to create a logo or design for your use, you acknowledge that
LogoMaker uses certain elements, including colors, fonts, icons, and other
designs. These elements are also made available to other Users and, as such, any
logo created by LogoMaker may be similar or identical to logos created by other
Constant Contact customers who use LogoMaker. LOGOS CREATED BY LOGOMAKER ARE
PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND CONSTANT CONTACT MAKES NO
WARRANTIES THAT THE LOGOS DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF
ANY THIRD PARTY. It is your responsibility to determine (a) whether any logo
created by LogoMaker is subject to any third party rights and (b) whether you
may use and/or register your logo as a trademark. You may not assign or resell
your LogoMaker logo to any third party, and you may not challenge the use or
registration of any other logo created by LogoMaker on behalf of another
Constant Contact customer.



(d) Appointment Booking. If you elect to use Appointments to schedule
appointments through your website, you acknowledge that you are responsible for
managing and fulfilling your appointments and service offerings. THE
APPOINTMENTS SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND
CONSTANT CONTACT MAKES NO WARRANTIES THAT THE SERVICE WILL PERFORM IN AN
ERROR-FREE AND UNINTERRUPTED MANNER. CONSTANT CONTACT HEREBY EXPRESSLY DISCLAIMS
ANY LIABILITY FOR LOSS OF PROFITS OR BUSINESS RESULTING FROM YOUR USE OF THE
APPOINTMENTS SERVICE.




5.9. FOOTERS.



For every listing, message or campaign sent or distributed via the Products, you
agree that we may add a link to our Site and a statement such as "Email
Marketing by Constant Contact" or "Powered by Constant Contact" in the footer or
other similar location that does not unreasonably obscure the message or
campaign.



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6. COMMUNITIES AND MARKETPLACE.



The Site may contain areas where you may be able to publicly post information or
communicate with others (for example, discussion boards or blogs), review
products and merchants and otherwise submit content, including the Constant
Contact Community and the Constant Contact Marketplace (the "Communities"). You
agree that you are responsible for your own use of such Communities, for any
posts you make and for any consequences thereof. You agree that we are not
responsible for the content of any postings in any Community and have no duty to
monitor such Communities or to correct any erroneous statements set forth
therein. Any information you post may be accessible to anyone with Internet
access, and any personal or other information you include in your posting may be
read, collected and used by others.



You agree that you will use any such Community in compliance with all applicable
laws and this Agreement. You further agree to abide by the Constant Contact
Community Terms and Conditions of Use with respect to your use of the Constant
Contact Community and the Constant Contact Marketplace Terms and Conditions of
Use with respect to your use of the Constant Contact Marketplace. In the event
that you violate any provision of the Constant Contact Community Terms and
Conditions of Use or the Constant Contact Marketplace Terms and Conditions of
Use, in our sole discretion, we reserve the right to terminate your access to or
use of the Site or the Products, disable your Constant Contact account or access
to the Site or the Products, and remove all or a portion of your content, in
each case, with or without cause, with or without notice and without refund.



We reserve the right, but shall have no obligation, to investigate your use of
any community for any reason, including in order to (a) determine whether a
violation of this Agreement has occurred, or (b) comply with any applicable law,
legal process or governmental request. We have no obligation to maintain or
continue operation of any Community, and we may cease operation of, or modify,
all or any portion of any such Community at any time in our sole discretion and
without notice to you.



Many of the products and services being promoted by means of the Communities are
offered by and are the sole responsibility of the person or entity that made
such postings. We do not endorse and are not responsible for (i) any third party
products or services marketed or made available through the Communities, or (ii)
any purchase or other transaction resulting from or associated with your use of
the Communities.



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7. RESTRICTIONS AND RESPONSIBILITIES.




7.1. NO RIGHTS IN SOFTWARE.



This is an Agreement for services and access to the Site, and, except as
expressly set forth herein, you are not granted a license to any software by
this Agreement and nothing on the Site shall be construed to confer any grant or
license of any intellectual property rights, whether by estoppel, by
implication, or otherwise. 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 Site or the Products or any software, documentation, or data
related to the Site or the Products ("Software"); remove any proprietary notices
or labels from the Site or the Products or any Software; modify, translate, or
create derivative works based on the Site or the Products or any Software; or
copy, distribute, pledge, assign, or otherwise transfer or encumber rights to
the Site or the Products or any Software. If you are using the Site or the
Products in any jurisdiction which restricts the ability of a software provider
to restrict your right to reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code, object code, or underlying structure,
ideas, or algorithms of the Site, the Software or the Products, then you hereby
covenant that, prior to engaging in such activities, you will first request that
we perform such work at our standard professional services rates. We can then
decide either: (a) to perform the work in order to achieve such interoperability
and charge our then standard rates for such work to you; (b) to permit you to
reverse engineer parts of the Software in order to obtain such source code, but
only to the extent necessary to achieve such interoperability; or (c) to provide
you with the information that you need regarding the Software for the purpose
for which applicable law permits you to engage in such activities despite a
contractual prohibition on such activities.




7.2. MONITORING AND REMOVAL.



Although we have no obligation to monitor the content provided by you or your
use of the Site or the Products, we may do so and may block any messages or
campaigns, remove any content, including websites, surveys, event registrations,
social campaigns, Store Content, Appointments, Promotions, or Deals, or prohibit
any use of the Site or the Products that we believe may be in violation of the
foregoing or any other provision of this Agreement. You further understand and
agree that we and any applicable third party who supports, posts, publishes or
distributes your websites, social campaigns, Promotions, or Deals also has the
right to reformat, edit, monitor, reject, block or remove any of your websites,
social campaigns, Promotions, or Deals at any time. In no case will the
foregoing make us responsible or liable for compliance with any such laws or
obligations, for which you remain solely responsible and liable.




7.3. ASSISTANCE.



You acknowledge that we may from time to time provide you with marketing advice
and other coaching, template design, frequently asked questions and tips on best
practices and complying with applicable law, including any sample Offer Terms.
You acknowledge that such assistance and information is provided as a
convenience to you and that such assistance and information are not intended to
and do not constitute legal advice and that no attorney-client relationship is
formed. We do not warrant or guarantee that use of or compliance with this
information will be sufficient to comply with your obligations hereunder,
applicable law or with third party rights.




7.4. YOUR INFORMATION AND CONTENT.



(a) Your Information. In using the varied features of the Site or the Products,
you may provide information about yourself or your employer (such as name,
contact information, or other registration information) to us and we may collect
information about your use of the Site or the Products. We may use this
information in accordance with our Privacy Notice and relevant "just-in-time"
notices, if any, provided at the point of information collection or use.



You agree that we may share non-personal information with certain third parties,
including the media, industry observers, marketing and advertising partners,
vendors, customers, potential customers, and partners. For example, without
limitation, we disclose mobile search trends, email open rates by industry,
campaign best practices or the number of users that have been exposed to, or
clicked on, our websites or evaluated or purchased our products and services.



(b) Your Content and Contacts. We will also obtain any information that you
provide to us in connection with your use of the Site or the Products, such as
contact lists (including email addresses and phone numbers of your contacts) and
content (including your website). We acknowledge your ownership rights in such
contact lists. As more fully described in our Privacy Notice, we will never sell
or rent your contact lists to anyone without your permission.



You hereby grant to us a revocable, non-exclusive, royalty-free, worldwide
license, with the right to sublicense, to use, reproduce, publish, distribute,
perform and display your contacts and content only as required by us to offer
and operate the Products and related services and, where applicable as permitted
by our Data Processing Addendum and California-Specific Terms and as described
in our Privacy Notice.



You are solely responsible for the accuracy, quality, integrity, legality,
reliability and appropriateness of your contacts and content, and you are
responsible for maintaining, securing and storing your contacts and content in
accordance with applicable law and any contractual obligations you may have
(including this Agreement). You represent and warrant that you own or have
secured all rights and interest in and to your contacts and content required for
us to use your contacts and content as contemplated by this Agreement.



(c) Submissions. If you submit any suggestions, business information, ideas,
concepts or inventions or content to us through the Site or otherwise
("Submissions"), you agree such Submission is non-confidential for all purposes
and you automatically grant, or warrant that the owner of such content or
intellectual property has expressly granted, us a non-exclusive, royalty-free,
perpetual, irrevocable, worldwide license, with the right to sublicense, to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform and display such Submission in any manner or in any media
now known or hereafter created.



(d) Automated Data Collection. You consent to us collecting data from your
website, including websites not provided, maintained, or hosted by Constant
Contact, through automated means, such as through harvesting bots, robots,
spiders, or scrapers ("Automated Data Collection") and the use of that data for
internal business purposes, including to provide you with automatic email
templates and to better understand our customer base. We will not use Automated
Data Collection to collect data from your website if you have set the
/robots.txt file to disallow such collection.



(e) Backups. You are responsible for making frequent backup copies of your
contacts and content.



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8. TERMINATION.



You may terminate your Constant Contact account at any time by calling Constant
Contact Customer Support. Except as specifically set forth herein or on the
Site, there are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR
TERMINATING YOUR CONSTANT CONTACT ACCOUNT AND THIS AGREEMENT. WE ARE NOT
RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR CONSTANT CONTACT ACCOUNT
AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS
A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR CONSTANT CONTACT ACCOUNT AND
THIS AGREEMENT.



We may, in our sole discretion, whether to comply with applicable law or
regulation or otherwise, terminate your Constant Contact account or your access
to or use of the Site or the Products, disable your Constant Contact account or
access to the Site or the Products, and/or delete or confiscate all or a portion
of your contacts, files, content, and/or domain name registrations, cancel or
suspend your Store or any of your events, social campaigns, Appointments,
Promotions or Deals or Donation Campaigns, or put your Constant Contact account
on inactive status, in each case at any time, with or without cause, with or
without notice and without refund. We shall have no liability to you or any
third party because of such termination or action, except that we will refund a
pro rata portion of any prepaid amounts if we terminate you without cause. After
termination, you shall process all unsubscribe requests within 30 days of your
last email campaign. Upon request within 30 days of your termination, we will
provide the list of unsubscribe requests from your Constant Contact account to
you. Under the CAN-SPAM Act, Canada's Anti-Spam Legislation and the GDPR, you
acknowledge that you are responsible for maintaining and honoring the list of
unsubscribe requests following termination of your Constant Contact account and
this Agreement.



If your Constant Contact account is classified (at our sole discretion) as
inactive for over 120 days, we have the right to permanently delete any of your
contacts and content.



Upon termination of your Constant Contact account by you or us, this Agreement
and any rights or licenses granted to you hereunder shall immediately terminate
except that (a) all sections of this Agreement that by their nature should
survive termination will survive termination, including, Sections 1- 3, 4.1(c),
4.2 and 5-18 (other than the license set forth in Section 5.7(b)), and (b) for
the avoidance of doubt, you will continue to be responsible for redemption of
coupons and fulfillment for Store Content sold or Promotions and Deals run prior
to such termination in accordance herewith and any promises you made with
respect to the funds associated with any Donation Campaigns.



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9. INDEMNIFICATION.



You hereby agree to defend, indemnify and hold harmless us, our affiliates and
our underlying service providers (i.e. vendors who help us provide the
Products), business partners, third-party suppliers and providers, account
providers, licensors, distributors and agents and our and their respective
officers, directors, employees, distributors and agents from and against any
claims, damages, suits, actions, demands, proceedings (whether legal or
administrative), losses, liabilities, penalties, settlements and expenses
(including costs and reasonable attorneys' fees) in connection with any claim or
action that (a) arises from any actual or alleged breach by you of this
Agreement; (b) arises from your contacts and content, including the content or
effects of any messages you distribute, websites you publish, events you host,
surveys you administer, social media campaigns you publish, Store Content,
Appointments, Promotions or Deals you offer, donations you collect or products
or services you sell (including claims relating to violations of law, false
advertising, injuries, illness, damages, death, taxes, fulfillment, breach of
Offer Terms, defective products or services or unclaimed property); (c) arises
from your provision of incomplete or inaccurate information to your contacts or
customers; (d) arises from your activities or postings in any Community; (e)
arises from your use of any Third Party Service (as defined below); or (f)
otherwise arises from or relates to your use of the Site or the Products. You
agree to provide us with prompt written notice in the event of any such claims
or actions. In addition, you acknowledge and agree that we have the right to
seek damages when you use the Site or the Products for unlawful purposes, in an
unlawful manner, 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. In the event
that we are required to respond to a third party or law enforcement subpoena or
court order that is related to your use of the Site or the Products, we may, in
our sole discretion, require you to reimburse us for our reasonable expenses
associated with complying with such subpoena or order.



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10. WARRANTY DISCLAIMER; REMEDIES; RELEASE.



YOU EXPRESSLY AGREE THAT THE SITE AND THE PRODUCTS (INCLUDING ANY CUSTOM
SERVICES OFFERINGS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF
THE SITE OR THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE SITE OR THE PRODUCTS,
INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR
SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE PRODUCTS WILL BE
UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION
SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS
AGREEMENT.



WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR
BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD
PARTY SERVICES.



IN ADDITION, WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR
RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY
ANYONE OTHER THAN US, OR (b) ANY STORE CONTENT, EVENT HOSTED, DONATION
SOLICITED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR
OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS.



NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF
THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR
ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE PRODUCTS SHALL BE FOR US TO USE
COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE PRODUCTS.



TO THE EXTENT APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR
LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU
SEND USING THE SITE OR THE PRODUCTS, (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF
OURS OR THEIR RESPECTIVE CONTACTS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY
REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR
AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA
CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR
PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH
JURISDICTION).



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11. LIMITATION OF LIABILITY.



EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF
CONSTANT CONTACT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
CONSTANT CONTACT OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS,
THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS,
DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR
PURPOSES OF THIS SECTION AS "CONSTANT CONTACT") BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CONSTANT CONTACT SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE
LIABILITY OF CONSTANT CONTACT TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT
SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT IN THE 12
MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY
PAID BY CONSTANT CONTACT TO YOU IN THAT 12 MONTH PERIOD. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.



You agree that Constant Contact has set its prices and entered into this
Agreement in reliance upon the disclaimers of warranty and the limitations of
liability set forth herein, that they reflect an allocation of risk between the
parties (including the risk that a contract remedy may fail of its essential
purpose and cause consequential loss), and that they form an essential basis of
the bargain between the parties.



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12. RESTRICTED PERSONS; EXPORT OF THE SITE, THE PRODUCTS OR TECHNICAL DATA.



The Site and the Products are subject to export control and economic sanctions
laws and regulations administered or enforced by the United States Department of
Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”),
Department of State, and other United States authorities (collectively, “U.S.
Trade Laws”). You may not use the Products to export or reexport, or permit the
export or reexport, of software or technical data in violation of U.S. Trade
Laws. In addition, by using the Products, you represent and warrant that you are
not (a) an individual, organization or entity organized or located in a country
or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria,
North Korea, or the Crimea region of Ukraine); (b) designated as a Specially
Designated National or Blocked Person by OFAC or otherwise owned, controlled, or
acting on behalf of such a person; (c) otherwise a prohibited party under U.S.
Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons
activities to which U.S. persons may not contribute without a U.S. Government
license. Unless otherwise provided with explicit written permission, Constant
Contact also does not register, and prohibits the use of any of our Products in
connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any
country or territory that is the target of OFAC sanctions. The obligations under
this section shall survive any termination or expiration of this Agreement or
your use of the Products.



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13. THIRD-PARTY WEBSITES AND SERVICES.



The Site and the Products include social media tools that may, among other
things, allow you to manage access, post content and manage content on social
network platforms (for example, LinkedIn®, Facebook®, Instagram® and Twitter®).
These tools also allow you to use the Products to access and analyze information
found on social media sites. You hereby grant us all required permissions to
access such sites and provide this functionality.



The Site may contain links to websites that are controlled by third parties and
access to certain third-party services (including our partners), which may
include, without limitation, marketing and advertising services, social
bookmarking services, social network platforms, publication and delivery
services, payment processing services and other payment intermediaries or
websites (each, a "Third Party Service"). These links and services are provided
to you as a convenience, and we are not affiliated with or responsible for the
content, action or performance of any linked website or Third-Party Service and
you use such websites or services at your own risk. Any Third Party Service
accessed from the Site or the Products is independent from us and we have no
control over, and assume no responsibility for, the content, privacy policy,
terms of use and practices of such website or service. Any such Third Party
Service may have terms of use and a privacy policy different than ours and you
should review the applicable terms and policies, including privacy and data
gathering practices before proceeding.



You agree to abide by the terms and conditions of any applicable Third Party
Service (including Facebook, Paypal, Google and Apple). Notwithstanding anything
set forth herein to the contrary, you will abide by this Agreement regardless of
anything to the contrary in your agreement with any third party and you shall
not use such Third Party Service to avoid the restrictions set forth in this
Agreement.



We may terminate any Third Party Service's ability to interact with the Site or
any of the Products at any time, with or without notice, and in our sole
discretion, with no liability to you or to any third party. Any Third Party
Service may take actions to impact our ability to make available some or all of
the features of the Site or the Products at any time, with or without notice,
and we will not be liable to you or to any third party for any such actions. We
accept no responsibility for reviewing changes or updates to, or the quality,
content, policies, nature or reliability of, any Third Party Services.



In order to use some features of the Site or the Products, you must have access
to a valid email or social networking account. You are solely responsible for
paying any third-party fees associated with such third-party networks. You
further agree that the ability to use some features of the Site or the Products
may be subject to subscriber terms of use, contracts, capacity charges and/or
other expenses established and enforced by your email service provider, internet
service provider or other applicable service provider, all of which are your
sole responsibility. You represent that use of the Product will not violate any
rules, restrictions, policies, or requirements of your email service provider,
internet service provider or other applicable service provider.



In no event shall any reference to any third party or third party product or
Third Party Service be construed as an approval or endorsement by us of that
third party or of any product or service provided by such third party.



If you use the Products to collect payments (including Store Content,
registration for events, Deals, Digital Rewards, donations or products or
services), you are responsible for the collection and administration of such
payments and compliance with all applicable laws relating thereto, including all
applicable domestic or international local, state or federal tax requirements.
We do not hold your funds or those of your contacts, subscribers, customers,
participants, event registrants or donors at any time. You are responsible for
any refunds associated with any payments.



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14. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT.



If you believe any materials accessible on or from the Site or the Products
infringe your copyright or other intellectual property, you may request removal
of those materials (or access thereto) from the Site or the Products by
contacting our copyright agent (identified below) and providing the following
information:



 1. Identification of the copyrighted work that you believe to be infringed.
    Please describe the work, and where possible include a copy or the location
    (for example, the URL) of an authorized version of the work.
 2. Identification of the material that you believe to be infringing and its
    location. Please describe the material, and provide us with its URL or any
    other pertinent information that will allow us to locate the material.
 3. Your name, address, telephone number and (if available) email address.
 4. A statement that you have a good faith belief that the complained of use of
    the materials is not authorized by the copyright owner, its agent, or the
    law.
 5. A statement that the information that you have supplied is accurate, and
    indicating that "under penalty of perjury," you are the copyright owner or
    are authorized to act on the copyright owner's behalf.
 6. A signature or the electronic equivalent from the copyright holder or
    authorized representative.
    
    

Our agent for copyright issues relating to the Site and the Products is as
follows:



Compliance Manager
Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Phone: (781) 472-8100
Fax: (781) 998-8277
Email: DMCA@constantcontact.com



For all email submissions please include the subject line: DMCA Takedown
Request.



If you have received a notification that a claim of infringement has been made
against you or your material has been removed or access to it has been disabled,
you may send us a counter-notification to our copyright agent identified above
that includes the following information:



 1. Identification of the material that has been removed or to which access has
    been disabled and the location it appeared before it was removed or access
    was disabled, or any other pertinent information that will allow us to
    locate the material.
 2. Your name, address, phone number, and a statement that you consent to the
    jurisdiction of the federal district court for the judicial district in
    which your address is located, or if you are located outside the United
    States, for any judicial district in which we may be found, and that you
    will accept service of process from the person who provided notification or
    the agent of such person.
 3. A statement indicating that “under penalty of perjury” you have a good faith
    belief that the material was removed or disabled as a result of mistake or
    misidentification of the material to be removed or disabled.
 4. Your signature or the electronic equivalent.
    
    

In an effort to protect the rights of copyright owners, we maintain a policy for
the termination, in appropriate circumstances, of Constant Contact account
holders who are repeat infringers.



If you believe that a domain name registered through us infringes your trademark
or other intellectual property rights, please refer to ICANN’s Uniform
Domain-Name Dispute-Resolution Policy for information about your options. If you
have a complaint about the use of your trademark on a website hosted by Constant
Contact, please email us at abuse@constantcontactwebsites.com.



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15. OPEN POSITIONS ON CAREER PAGES.



We may list open employment positions on the Site. Any such postings are for
informational purposes only and are subject to change without notice. You should
not construe any information on the Site or made available through the Site as
an offer for employment, nor should you construe anything on the Site as a
promotion or solicitation for employment not authorized by the laws and
regulations of your location.



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16. CALIFORNIA-SPECIFIC TERMS.



The California-Specific Terms will apply if you are a Business under the CCPA
and you share with us Personal Information (as that term is defined under the
CCPA) about California residents which would otherwise constitute a Sale (as
that term is defined under the CCPA).



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17. INTERNATIONAL USE; PROHIBITED BY LAW.



In recognition of the global nature of the Internet, you agree to comply with
all local rules where you reside or your organization is located regarding
online activities, email and the Site or the Products. More specifically, but
without limitation, you agree to comply with all applicable laws regarding the
transmission of technical data exported to or from the United States or the
country in which you reside. The Site or the Products are controlled and
operated by us from the United States (although we may share data with third
parties around the world to assist us in providing the Site or the Products) and
we make no representation that the Site or the Products are appropriate or
available for use in other locations. Those who access the Site or the Products
from other locations do so at their own initiative and risk, and are fully
responsible for compliance with all applicable laws in those locations. We do
not offer the Site or the Products where prohibited by law.



For the purposes of European Directive 95/46/EC, the General Data Protection
Regulation 2016/679) (once in effect) (“GDPR”) and any applicable national
implementing laws in your jurisdiction, and with respect to your contacts’ or
customers’ personal data, you acknowledge and agree that you are the Controller
(as that term is defined in the GDPR), and we are a Processor (as that term is
defined in the GDPR) of such personal data. You also acknowledge and agree that
you are responsible for complying with all obligations of a data controller
under applicable law (including the GDPR).



To the extent the GDPR applies to you, you represent and warrant that in using
our Services, you will clearly describe in writing how you plan to use any
personal data collected and you will ensure you have a legitimate legal basis to
transfer such personal data to us and that you have the necessary permission to
allow us to receive and process personal data and send communications to that
individual on your behalf. The additional data processing terms set forth here
shall apply where you are a Controller subject to the GDPR.



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18. MISCELLANEOUS.




18.1. FULL FORCE AND EFFECT.



If any provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect and enforceable.




18.2. ENTIRE AGREEMENT.



We and you agree that this Agreement is the complete and exclusive statement of
the mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings relating to
the subject matter of this Agreement, and that all waivers and modifications
must be in a writing signed by both parties, except as otherwise provided
herein. No delay or omission by either party in exercising any right or remedy
under this Agreement or existing at law or equity shall be considered a waiver
of such right or remedy.




18.3. ASSIGNMENT.



You may not assign any of your rights hereunder. We may assign all rights to any
other individual or entity in our sole discretion.




18.4. FURTHER ASSURANCES.



You agree to execute any and all documents and take any other actions reasonably
required to effectuate the purposes of this Agreement.




18.5. FORCE MAJEURE.



We are not liable for any default or delay in the performance of any of our
obligations under this Agreement if such default or delay is caused, directly or
indirectly, by forces beyond our reasonable control, including fire, flood, acts
of God, labor disputes, accidents, acts of war or terrorism, interruptions of
transportation or communications, supply shortages or the failure of any third
party to perform any commitment relative to the production or delivery of any
equipment or material required for us to perform our obligations hereunder.




18.6. THIRD PARTY BENEFICIARIES.



Constant Contact’s affiliates, underlying service providers, business partners,
third-party suppliers and providers, account providers, licensors, officers,
directors, employees, distributors and agents are expressly made third party
beneficiaries of this Agreement. Except as set forth in the immediately
preceding sentence, nothing express or implied in this Agreement is intended to
confer, nor shall anything herein confer, upon any person other than the parties
and the respective permitted successors or assigns of the parties, any rights,
remedies, obligations or liabilities whatsoever.




18.7. TITLES.



The titles of the paragraphs of this Agreement are for convenience only and have
no legal or contractual effect.




18.8. NO AGENCY.



Except as expressly set forth herein, no agency, partnership, joint venture, or
employment is created as a result of this Agreement, and you do not have any
authority of any kind to bind us in any respect whatsoever.




18.9. ATTORNEY FEES.



In any action or proceeding to enforce rights under this Agreement, the
prevailing party will be entitled to recover its costs and attorneys' fees.




18.10. GOVERNING LAW AND LEGAL ACTIONS.



If you signed up to use the Site or the Products prior to June 7, 2016, the
following terms shall apply:



This Agreement shall be governed by and construed in accordance with the laws of
the Commonwealth of Massachusetts. All legal actions in connection with the
Agreement shall be brought in the state or federal courts located in Boston,
Massachusetts.



If you signed up to use the Site or the Products on or after June 7, 2016, the
following terms shall apply:



You hereby submit to the exclusive jurisdiction of the American Arbitration
Association (“AAA”) in connection with any dispute relating to, concerning or
arising out of this Agreement, whether in contract, tort, fraud,
misrepresentation or any other legal theory. The arbitration will be conducted
before a single arbitrator and will be held at the AAA location in Boston,
Massachusetts, unless you are a “consumer” as defined under the AAA rules.
Disputes with consumers, as therein defined, will be resolved by binding
arbitration conducted under the AAA’s Consumer Arbitration Rules, as applicable.
Consumers may request that the arbitration occur in or near the city/state
stated in your account record with us. The procedures for commencing an
arbitration are available here (provided however, that you may assert claims in
small claims court, if your claims qualify and so long as the matter remains in
such court only on an individual, non-class basis).



ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY
JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS,
SUBSCRIBERS OR USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A
REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.



Only a court, and not an arbitrator, shall determine the validity and effect of
the class action waiver. Even if all parties have opted to litigate a claim in
court, you or we may elect arbitration with respect to any claim made by a new
party or any new claims later asserted in that lawsuit.



Payment of all filing, administration and arbitrator fees will be governed by
the AAA’s rules, unless otherwise stated in this paragraph. In the event you are
able to demonstrate that the costs of arbitration will be prohibitive as
compared to the costs of litigation, we will pay as much of your filing,
administrative, and arbitrator fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive.



No arbitration award or decision will have any preclusive effect as to issues or
claims in any dispute with anyone who is not a named party to the arbitration.
If you initiate a litigation or any other proceeding against us in violation of
this paragraph, you agree to pay our reasonable costs and attorneys’ fees
incurred in connection with its enforcement of this paragraph.



The parties shall maintain the confidential nature of the arbitration proceeding
and any award, including the hearing, except as may be necessary to prepare for
or conduct the arbitration hearing on the merits, or except as may be necessary
in connection with a court application for a preliminary remedy, a judicial
challenge to an award or its enforcement, or unless otherwise required by law or
judicial decision.



This Agreement and the rights of the parties hereunder shall be governed by and
construed in accordance with the laws of the Commonwealth of Massachusetts,
exclusive of conflict or choice of law rules.



The parties acknowledge that this Agreement evidences a transaction involving
interstate commerce. Notwithstanding the provision in the preceding paragraph
with respect to applicable substantive law, any arbitration conducted pursuant
to the terms of this Agreement shall be governed by the Federal Arbitration Act
(9 U.S.C., Secs. 1-16).




18.11. ADDITIONAL INFORMATION.



If you have any questions about the rights and restrictions above, or would like
to report any inaccuracies or errors, please contact us by email at
legal@constantcontact.com.




19. ADDITIONAL RESOURCES.



 * Anti-Spam Policy
 * Prohibited Content and Commerce Statement
 * Privacy Notice
 * Customer Contact Data Notice
 * Information Security Policy
 * Community Terms and Conditions
 * MarketPlace Terms and Conditions
 * Accessibility Statement
 * Website Builder Terms of Service
 * Text Messaging Terms and Conditions of Use
   
   

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