Last updated: April 6, 2023
Website Builder Terms of Service
CONSTANT CONTACT PROVIDES WEBSITE BUILDER SERVICES SUBJECT TO THIS AGREEMENT. BY CHECKING THE BOX OR CLICKING THE BUTTON NEXT TO A LINK TO THIS AGREEMENT ON ANY OF OUR SIGN-UP PAGES, BY EXECUTING AN ORDER FORM, BY SIGNING UP FOR AN ACCOUNT, BY LOGGING IN TO YOUR ACCOUNT, BY ACCESSING ANY PART OF THE WEBSITE BUILDER SERVICES (INCLUDING BY MEANS OF ANY API INTERFACE), YOU, AS A CUSTOMER OF THE WEBSITE BUILDER SERVICES OR A REPRESENTATIVE OF AN ORGANIZATION THAT IS A CUSTOMER OF THE WEBSITE BUILDER SERVICES (COLLECTIVELY, “YOU”), REPRESENT AND WARRANT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE WEBSITE BUILDER SERVICES IS TRUE, ACCURATE, CURRENT AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ORGANIZATION YOU HAVE NAMED AS THE AUTHORIZED USER, AND TO BIND THAT ORGANIZATION TO THIS AGREEMENT. NOTE THAT BY REPRESENTING AND WARRANTING TO THE ABOVE, YOU ARE MAKING A LEGALLY ENFORCEABLE AGREEMENT.
We may change any terms of this Agreement by posting a revised Agreement and the revised Agreement will be effective immediately upon posting or the effective date indicated in the new Agreement, as applicable, and apply to any continued or new use of the Website Builder Services. We may change the Website Builder Services, or any features of the Website Builder Services at any time, and we may discontinue the Website Builder Services or any features of the Website Builder Services at any time. If you do not agree with the terms of this Agreement, you must immediately discontinue your use of the Website Builder Services. Otherwise, your continued use of the Website Builder Services constitutes your acceptance of such changes. We recommend that you regularly check our website to view the then-current terms. If a term is capitalized in this Website Builder Terms of Service but not defined, it has the meaning given to it in the Terms of Service (as defined below).
We may refuse service, close your accounts or the accounts of any Authorized Users, and change eligibility requirements at any time, in our sole discretion.
“Agreement” means these Website Builder Terms of Service, the Constant Contact Terms of Service (the “Terms of Service”), and any guidelines, rules or operating policies that we post on our website(s), including our Acceptable Use Policy, our Privacy Notice, any other policy referenced herein, which are specifically incorporated herein by reference, each, as may be amended, supplemented or modified from time to time.
1. Account Security. You acknowledge and accept that despite the security measures Constant Contact takes in connection with the Website Builder 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 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.
2. User Content.
A. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Website Builder Services (collectively, “User Content”). User Content includes any content posted by you and users of any of your websites hosted through the Website Builder 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 Website Builder 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.
B. You hereby grant to Constant Contact, to the extent necessary to provide the Website Builder 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.
3. HIPAA Disclaimer. The Website Builder 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 Website Builder 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 Website Builder Services. We specifically disclaim any representation or warranty that the Website Builder 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.
4. 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.
5. Additional User Responsibilities.
A. You will be solely responsible for all activities conducted on or through a User Website, whether or not authorized by you and any transactions or interactions with end users of your User Website. You will be solely responsible for providing end users of your User Website with any applicable terms of use and Privacy Notice, including any required disclosure or explanation of the features of your User Website and any goods or services offered through your User Website.
B. 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 Website Builder Services, which hardware and software may be changed by Constant Contact from time to time in its sole discretion.
C. 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.
D. 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 Website Builder Services in any way (including any malware).
6. Automatic Renewals. For Website Builder Services with an annual term, Constant Contact shall provide notice of the upcoming Fees 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 Website Builder Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file.
7. Store Commission Fees. If you elect to host an e-commerce store through the Website Builder Services, you will be responsible for all fees and/or commissions owed to Constant Contact associated with such store.
8. 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 Website Builder Services.
9. Data Deletion. Upon termination of the Website Builder 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.
10. Refunds.
A. 14 Day Money-Back Guarantee:
i. 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 billing@constantcontactwebsites.com. 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.
ii. 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.
iii. 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.
B. 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.
11. 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 Website Builder Services ("Non-Constant Contact Products"). Constant Contact shall not be responsible for any changes in the Website Builder Services that cause any Non-Constant Contact Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Website Builder 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 Website Builder 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 Website Builder 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 Website Builder 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.
12. 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 Website Builder 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.
13. Inactivity and Resource Usage. Constant Contact’s Website Builder Services is limited to web files and content of active User Websites (including Store Content). Website Builder space may not be used for offsite storage of electronic files, media, e-mail or other data unrelated to active User Websites.
User Websites that remain unpublished for more than 90 days will be deemed inactive and Constant Contact reserves the right to permanently delete an inactive User Website. Furthermore, 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 Website Builder Services, apply additional fees, or remove/delete User Content for those 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, deletion of an inactive User Website or suspension or termination of Website Builder Services in connection with your violation of this section.
14. Marketing Credits. 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:
A. Full terms and conditions for Google Adwords can be found here
B. Additional terms and conditions for Bing Ad Credits can be found here
15. Parked Domain Services. By registering for the Website Builder 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.
16. Technical Support Services.
A. Technical Support Services. Except as described otherwise in paragraph (d) below, Constant Contact will provide technical support for the Website Builder 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.
B. 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.
C. 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.
D. 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 Website Builder 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.
17. 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.
18. Additional Terms: