Terms of Service
Your use of Constant Contact’s Website Builder services is subject to the terms and conditions set forth in these Constant Contact Website Builder Terms of Service (the “Agreement”). This Agreement explains (i) what’s allowed when using our Services, as defined below; (ii) the rights you have as a user of our Services; (iii) the rights we have if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Constant Contact, Inc. (“Constant Contact”) and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.NOTICE: this Agreement includes an alternative dispute resolution provision for disputes that may arise between users of our Services and Constant Contact or its corporate affiliates. Please see Section 25(b) below which includes an Arbitration Agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.
This section describes the eligibility criteria we require from all of our Users, as defined below. When you register to use our Services, we need to make sure that you are able to legally contract with Constant Contact. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.
Constant Contact’s Website Builder Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.
Constant Contact offers Website Builder plans for a fixed period of time that you select upon purchase (e.g., 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to leave Constant Contact’s Website Builder. The instructions to cancel or disable automatic renewal can be found here. Please note that your Constant Contact Website Builder account is separate from your Constant Contact email marketing account, and you must separately terminate each account in the event you wish to leave all services offered by Constant Contact.
To ensure uninterrupted service, your Services will automatically renew on your renewal date unless you cancel. This section explains this process in more detail.
This section describes Website Builder’s refund policy and 14-Day Money-Back Guarantee. If you purchase a plan with a fourteen (14) day money-back guarantee and cancel during the first fourteen (14) days of your term, you may receive a full refund of all basic Website Builder fees paid. If your plan included a free domain name and you cancel the Services, there is a non-refundable $16 domain fee. This fee not only covers our own costs, but you are welcome to keep the domain name and transfer it or point it to elsewhere.
All Users are required to comply with applicable law and have certain obligations with respect to their use of the Services. You are also required to cooperate with Constant Contact and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.
Constant Contact offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.
Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.
The arbitration clause, governing law and jurisdiction provisions set forth below shall apply to all Users.
This Agreement is an agreement between Constant Contact, Inc. (“us,” “we,” or “Constant Contact”) and you ("User" or "you" and "your"). This Agreement sets forth the general terms and conditions of your use of the Constant Contact Website Builder product and related products and services made available by Constant Contact and of the Constant Contact Website Builder website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Constant Contact Website Builder website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have as a current customer to accept or reject changes, where required by law or otherwise made available. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
Terms of Service - Constant Contact Website Builder
Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, you are also agreeing to the terms of the following policies and agreements.
Eligibility, Registration and Account Security
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Constant Contact, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.
You acknowledge and accept that despite the security measures Constant Contact takes in connection with the Services, Constant Contact’s system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, Constant Contact may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Constant Contact shall have no liability to you for any damage or loss that you may incur due to such corrective action.
You acknowledge and accept that despite the security measures Constant Contact takes in connection with the Services, Constant Contact’s system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, Constant Contact may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Constant Contact shall have no liability to you for any damage or loss that you may incur due to such corrective action.
You are responsible for the security of your User account, User Content and User Websites. You further acknowledge and agree that you are solely responsible for backing-up your User account, including without limitation, all User Content and User Websites.
Prohibited Persons (Countries, Regions, Entities, and Individuals).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of the 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 Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, 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 Services 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 Services.
Constant Contact Content.
Except for User Content (as defined below), all content made available through the Services, including images made available through any 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 Services (collectively with the Licensed Images, "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.
To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Constant Contact Website Builder Services. 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.
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 Services 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.
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you and users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Constant Contact that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You acknowledge and agree that WebsiteBuilder may, but is not obligated to, monitor User Content and may immediately take any corrective action in WebsiteBuilder's sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that WebsiteBuilder shall have no liability due to any corrective action that WebsiteBuilder may take, including without limitation suspension or termination of Services.You acknowledge and agree that Constant Contact may, but is not obligated to, monitor User Content and may immediately take any corrective action in Constant Contact’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services 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 Services.
You hereby grant to Constant Contact, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content and the User Website. Except for the rights expressly granted above, Constant Contact is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Constant Contact does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Constant Contact does not sign “Business Associate Agreements” for its Website Builder Users and you agree that Constant Contact is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA with respect to its Website Builder Service. If you have questions about the security of your data, please contact us by phone or chat.
Payment Card Industry Security Standard Disclaimer.
Constant Contact complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. Constant Contact does not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.
Compliance with Applicable Law.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. 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 Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services 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 Services where prohibited by law. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ 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) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. 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 (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
Additional User Responsibilities.
You will cooperate fully with Constant Contact in connection with Constant Contact’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for Constant Contact’s performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Constant Contact to provide the Services, which hardware and software may be changed by Constant Contact from time to time in its sole discretion.
You will be solely responsible for backing-up all User Content off of Constant Contact’s servers. This is an affirmative duty. Constant Contact is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has backup products provided by Constant Contact.
You are responsible for the security of your User account, User Content, and User Websites. You will maintain at all times, and are responsible for, the security and confidentiality of all account credentials, including your username and password.
You will use your best efforts to ensure that the User Content and User Websites are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. You are required to prevent, identify, and promptly remove or disable from your User account, User Content and User Websites any code that may disrupt, disable, harm or cause the misuse of your account, Constant Contact Content or the Services in any way (including any malware).
Third Party Websites.
The Services may contain third party products or services, including without limitation (collectively, the “Third Party Services”): (i) access to certain third-party services, such as payment processing services, shipping services, and tax services; (ii) links to other websites that are not owned or controlled by Constant Contact; (iii) articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties. Such Third Party Services are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. These Third Party Services are provided to you as a convenience and we are not responsible for any Third Party Services, including without limitation the privacy practices of the Third Party Services. If you decide to access any Third Party Services, you do so at your own risk. Unless otherwise expressly provided, our terms and policies do not apply to Third Party Services. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate or any Third Party Service you use. We may terminate any Third Party Service’s access to, or ability to interact with, the Services at any time, with or without notice, and in our sole discretion, with no liability to you or any third party. Any Third Party Service may take actions that impact our ability to make available some or all of the features of the Services 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 no event shall any reference to any third party 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 Services to collect payments, you are responsible for the collection and administration of such payments and compliance with all applicable laws relating thereto. We do not hold your funds or those of your subscribers or customers at any time. You are responsible for any refunds associated with any payments.
Billing and Payment.
Fees Due. Fees Due. You will pay to Constant Contact all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
Price Increases. Constant Contact may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by Constant Contact on the Constant Contact Website Builder website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days’ prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by Constant Contact through the User billing tool or other methods of communications and notices sent or posted by Constant Contact.
Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Constant Contact’s invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
Automatic Renewals. By purchasing a paid version of the Services, you agree to allow Constant Contact to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with an annual term, Constant Contact shall provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. To avoid a disruption in service, unless you disable the automatic renewal option online through your control panel, we will automatically renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file. Constant Contact may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.
Store Commission Fees. If you elect to host an e-commerce store through the Services, you will be responsible for all fees and/or commissions owed to Constant Contact associated with such store. More information regarding any applicable commissions associated with an e-commerce store can be found here.
Add-On Services. If you purchase certain add-on services from Constant Contact such as domain privacy, SSL certificates, or website security, you may be required to apply the Service to a specific domain name to begin using the Service. Constant Contact is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
Failure to Pay. If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Constant Contact, including without limitation, any arbitration and legal fees and Constant Contact’s reasonable attorneys' fees. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or reactivation.
Fraud. IIt is a violation of this Agreement to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Disputes.You have ninety (90) days to dispute any charge or payment processed by Constant Contact. If you have a question concerning a charge you believe is incorrect, please contact us at [email protected] and we will investigate. If you initiate a chargeback, there may be a minimum charge of $15.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Accounts that have an open dispute may be disabled for security purposes
If you elect to use Constant Contact’s e-commerce store Services (“Store”) for selling any of your products and/or services (“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 Services 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 your compliance with 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;
- fulfilment 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 policies, cookie policies, return policies, and any offered warranties.
Your Store Content is subject to Constant Contact’s Acceptable Use Policy. In the event you violate this policy, Constant Contact reserves the right to, at any time and in our sole discretion, without notice, suspend and disable access, or remove your Store and/or Store Content without any liability to you or your customers, including without limitation, any loss of profits, revenue, data, goodwill, or other losses except where prohibited by law.
Term and Termination of the Services.
Term of Services. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the "Initial Term"). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving Constant Contact notice by phone or chat or online form where provided. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Constant Contact’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the fourteen (14) day money-back guarantee if applicable. After the account is canceled, all User Content will be permanently removed from the server. Please make a backup of all User Content before you contact Constant Contact to cancel your account.
Disabling automatic renewal option. Please contact Constant Contact by phone or chat for assistance with disabling the automatic renewal option.
Constant Contact may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to Constant Contact; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Constant Contact or others, cause Constant Contact or others to incur liability, or disrupt Constant Contact’s business operations (as determined by Constant Contact in its sole discretion); (iv) you are abusive toward Constant Contact’s staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, Constant Contact will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services. Constant Contact reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Data Deletion.Upon termination of the Services for any reason, User Content, User Websites, and other data will be deleted. You are always responsible for maintaining back-up copies of all User Content and other data. Constant Contact is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has products provided by Constant Contact.
14 Day Money-Back Guarantee
If you purchase an account with a fourteen (14) day money-back guarantee, you may receive a full refund of all basic Website Builder fees paid (the “Money-back Guarantee Refund”) if you cancel within the first fourteen (14) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department at [email protected] The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section. Money-back Guarantee Refunds only apply to basic Website Builder services and do not apply to domain registration fees, setup fees, or any fees for additional Services.
The Money-back Guarantee Refund is valid for PayPal and credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods. Any refunds are made at the sole discretion of Constant Contact.
Only first-time accounts are eligible for the Money-back Guarantee Refund. For example, if you previously had an account with Constant Contact and you canceled your account and signed up for a new account, you will not be eligible for the Money-back Guarantee Refund on the second account. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
Domain Name Fee.
If your plan includes a free domain name and you are entitled to a refund, our standard fee of $16.00 for the domain name (and any applicable taxes) (the “Domain Name Fee”) will be deducted from your refund and you will get to retain your domain name. For the avoidance of doubt, the Domain Name Fee will be deducted for all refunds, including without limitation, Money-back Guarantee Refunds.
Constant Contact as Reseller or Licensor.
Constant Contact is acting only as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Constant Contact Products"). Constant Contact shall not be responsible for any changes in the Services that cause any Non-Constant Contact Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Constant Contact Products either sold, licensed or provided by Constant Contact to you or purchased directly by you used in connection with the Services will not be deemed a breach of Constant Contact’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Constant Contact Product are limited to those rights extended to you by the manufacturer of such Non-Constant Contact Product. You are entitled to use any Non-Constant Contact Product supplied by Constant Contact only in connection with your permitted use of the Services. You shall use your best efforts to protect and keep confidential all intellectual property provided by Constant Contact to you through any Non-Constant Contact Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Constant Contact Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
Internet Protocol (IP) Address Ownership.
If Constant Contact assigns you an Internet Protocol ("IP") address for your use, you shall have no right to use that IP address except as permitted by Constant Contact in its sole discretion in connection with the Services during the Term. Constant Contact shall retain ownership of all IP addresses assigned to you by Constant Contact, and Constant Contact reserves the right to change or remove any and all such IP addresses in its sole discretion.
Constant Contact’s Website Builder space is intended for use in accordance with, the Constant Contact Website Builder Acceptable Use Policy, and is limited to web files, active e-mail and content of the hosted User Websites (including Store Content), not for storage (whether of media, e-mails, or other data). Website Builder space further may not be used for offsite storage of electronic files or e-mail. Constant Contact expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Constant Contact may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of Constant Contact policies. You hereby agree that Constant Contact shall have no liability due to any action that Constant Contact may take, including without limitation suspension or termination of Services in connection with your violation of this section.
Some Constant Contact plans include free marketing credits offered by third party vendors which can be redeemed by customers located in the United States only. Additional terms and conditions apply:
Full terms and conditions for Google Adwords can be found here http://www.google.com/adwords/coupons/terms.html
Additional terms and conditions for Bing Ad Credits can be found here
Parked Domain Services.
By registering for the Services you agree that Constant Contact may point your domain name or DNS to one of Constant Contact’s or Constant Contact’s affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for Constant Contact to display Parked Pages on your web page you can opt out of such practice. Please contact Constant Contact by phone or chat for assistance with opting out.
Technical Support Services.
Technical Support Services.
Except as described otherwise in paragraph (d) below, Constant Contact will provide technical support for the Services (collectively, the “Technical Support Services”). Constant Contact offers Technical Support Services by chat and email to all customers. In addition, customers with a paid hosting plan are eligible to receive Technical Support Services by phone. To utilize the Technical Support Services, you will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Constant Contact’s Technical Support Services, you grant Constant Contact permission to access your account, if necessary, to resolve your issue. You agree that Constant Contact and its agents and employees are not liable for any damage resulting from the provision of such customer support.
Priority Technical Support Services. Certain paid hosting plans include Priority Technical Support Services. If you purchase an eligible plan, your phone calls and other support requests will be prioritized ahead of customers without Priority Technical Support Services.
Limitations of Technical Support Services. Constant Contact’s technical support staff is available to assist you with basic technical questions concerning Technical Support Services do not include design recommendations or building a website for you. If you require website design services you must purchase such services separately. Constant Contact’s Knowledge Base also provides answers to common questions regarding our products and services. Constant Contact reserves the right to limit or discontinue your access to the Technical Support Services if your requests are outside the standard scope of support (in Constant Contact’s sole discretion) or you fail to comply with the terms of this section.
Ineligibility for Technical Support Services. Notwithstanding the foregoing, Constant Contact will not provide Technical Support Services if (a) you are in breach of this Agreement; (b) the issue results from a modification or attempted modification of the Services by you or any third party outside of Constant Contact’s control; (c) you fail or refuse to follow instructions provided by Constant Contact’s technical support staff to remedy the issue; or (d) you are abusive toward Constant Contact’s staff in any manner.
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that Constant Contact exercises no control over, and accepts no responsibility for, the content of the information passing through Constant Contact’s host computers, network hubs and points of presence or the Internet.
Constant Contact represents and warrants to you that the Services will be provided in compliance in all material respects with the applicable Services descriptions available on the Constant Contact website. Your sole and exclusive remedy, and Constant Contact’s sole obligation, for breach of the foregoing warranty shall be for Constant Contact, at its option, to re-perform the defective Services at no cost to you. The foregoing warranties shall not apply to performance issues or defects in the Services (x) caused by factors outside of Constant Contact’s reasonable control; (y) that resulted from any actions or inactions of User or any third parties, whether or not authorized by User; or (z) that resulted from your equipment or any third-party equipment not within the sole control of Constant Contact.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, CONSTANT CONTACT AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “CONSTANT CONTACT PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE CONSTANT CONTACT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE CONSTANT CONTACT PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY CONSTANT CONTACT OR CONSTANT CONTACT’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. CONSTANT CONTACT DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. CONSTANT CONTACT DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR CONSTANT CONTACT IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Limitation of Liability.
CONSTANT CONTACT SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE CONSTANT CONTACT PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM UNAUTHORIZED ACCESS TO OR MISUSE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES,, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, WHETHER OR NOT AUTHORIZED BY YOU, EVEN IF CONSTANT CONTACT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CONSTANT CONTACT’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CONSTANT CONTACT FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless the Constant Contact Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Constant Contact Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
Governing Law and Legal Action
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Boston, Massachusetts. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Both you and Constant Contact hereby agree to waive all respective rights to a jury trial of any claim arising out of or relating to this Agreement.
The Arbitration Agreement shall apply to all Users. The Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described therein.
Governing Law and Jurisdiction for users in the European Union
For users in the European Union, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
You and Constant Contact irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.
Independent Contractor.Constant Contact and User are independent contractors and nothing contained in this Agreement places Constant Contact and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Headings. The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. For the avoidance of doubt, in the event you purchase or use any other products and services made available by Constant Contact at www.constantcontact.com (collectively, the “Email Marketing Products”), the Constant Contact Website and Products Terms and Conditions of use set forth at https://www.constantcontact.com/legal/terms (the “Email Marketing Terms”) shall apply. To the extent there is any conflict between the Email Marketing Terms and this Agreement, the Email Marketing Terms shall apply to the extent you are using the Email Marketing Products and this Agreement shall apply to the extent you are using the Services.
Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors.You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Constant Contact. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Constant Contact may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Force Majeure.Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, 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 such party to perform its obligations hereunder.
Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against you as if it were a party to this Agreement.
Government Regulations.You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if you are outside of the United States, to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction you operate or do business.
Marketing. You agree that during the Term Constant Contact may publicly refer to you, orally and in writing, as a User of Constant Contact to the extent permitted by applicable law. Any other public reference to User by Constant Contact requires your written consent.
Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
Last updated: May __, 2019