PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY USING THIS WEB SITE 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 DO NOT USE THIS WEB SITE OR THE PRODUCTS.
Constant Contact Community Terms and Conditions of Use
These Constant Contact Community Terms and Conditions of Use of Constant Contact, Inc. ("Constant Contact"), together with the Constant Contact Web Site and Products Terms and Conditions of Use and the Constant Contact Privacy Statement (collectively, the "Terms"), govern your use of Constant Contact's Community (the "Community"). These Terms describe the permitted and prohibited uses of the Community, among other things. Your access or use of the Community in any way evidences your acceptance of the then current version of these Terms, and any related rules and guidelines. Constant Contact reserves the right to modify these Terms at any time and without notice, effective upon posting of the modified Terms on the Community or Constant Contact's other web sites. Your use of the Community, or any materials or services accessible through it, after such posting or notification constitutes your acceptance of such modifications. Your violation of these Terms may result in the suspension or termination of your access or use of the Community.
Messages and other content, including images and videos, posted to the Community by the Community members are solely the opinion and responsibility of the person posting the message and other content.
Conduct
The Community is intended to provide Constant Contact customers with the opportunity to exchange useful information. Constant Contact does not edit any postings, and does not pre-screen or review every posting. You agree that Constant Contact is not responsible for the content of any postings on the Community and has no duty to correct any erroneous statements on any of the Community. These following provisions establish the rules and expectations for participants to facilitate that exchange.
Use Your Common Sense
Visitors to the Community can include everyone from small businesses, non-profits, and other subject matter experts to novices. As a result, some postings could reflect considerable technical experience and insight, while others might be unintentionally, or even intentionally, inaccurate. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other participants' postings in the Community. Remember, due to the anonymous nature of the Internet, other Community participants may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated.
Participants may have the ability to post hypertext links to content hosted and maintained by third parties and from content hosted and maintained by third parties to the Community. Constant Contact does not moderate or control these linked sites, and is not responsible for them. Your access to any linked sites and use of any content found at such sites is at your own risk, so you should use good judgment before you click on any link or access any linked site.
Advertisement, in the body of postings, is permissible as long as it is an appropriate product or service for the Community. Constant Contact is not responsible for any product or service advertised on the Community nor does Constant Contact endorse the use of any such product or service.
Be Thoughtful About Your Postings
The Community benefits from postings that express relevant, well-reasoned and thoughtful content. Some ways to start a great thread include:
- Don't just ask a question... share your insights.
- Respond to the specific issues raised in previous posts.
- Provide additional details or facts to explain or illustrate your comments.
Violations
The section lists common examples of violations that may result in immediate post removal, warning, board sanction and/or suspension from the site. By joining the Community, you agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, videos, sounds, data or other information) that:
Contains inappropriate content such as:
- Profanity, vulgarity, hate speech, disruptive, or hostile comments, interpersonal disputes, or threats of violence;
- Unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind;
- Discussing illegal activity, or posting links to other websites that deal with such activities;
- Violating copyright or other intellectual property rights of any person or entity;
- Containing a virus, Trojan horse, worm or other harmful or disruptive component;
- Directing participants to any content or information that, if posted in the Community, would constitute a violation of these Terms, including another individual's contact information and/or email address;
- Advertising or referencing any product or service that violates our Prohibited Content and Commerce Statement;
- Material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity;
- Content that contains direct threats of violence against any person or group of people; and
- Pornography and Obscenity, such as:
- Pornography and Obscenity: Image and video content that contains nudity, sexually graphic material, or material that is otherwise deemed explicit by Constant Contact.
- Pedophilia, Incest and Bestiality: Users may not publish written, image or video content that promotes pedophilia, incest and bestiality.
- Commercial Pornography: We do not allow content that exists for the primary purpose of monetizing porn or adult content or driving traffic to a monetized pornography site.
- Child Pornography: Constant Contact has a zero-tolerance policy against child pornography, and we will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
Spam such as:
- Chain letters, pyramid schemes or securities offerings.
- "Bombing" the Community or individual threads with repetitive, pointless or irrelevant posts.
- Using JavaScript or active code, making repetitive posts, or otherwise taking actions that interfere with site operations.
- Posts unrelated to the Community in which they are posted.
Attacks such as:
- "Flaming" other users or any entities in a manner that might incite or perpetuate a conflict or argument, including attacks of any kind.
- Impersonating other individuals or falsely representing your identity or qualifications.
- Posts made under secondary usernames or other aliases for the purpose of either supporting or belittling others.
- Posts that breach another users' privacy, e.g., contain personal or sensitive information such as name, address, phone or other identifying information.
Inappropriate Actions, such as:
- Attempting to impersonate Constant Contact staff or other Community members.
- Encouraging others to violate Constant Contact policies or the Constant Contact Web Site and Products Terms and Conditions of Use.
- Refusing to follow Constant Contact staff instructions.
- Posting email content from private parties.
- Posting material that in any way violates the Constant Contact Web Site and Products Terms and Conditions of Use or Community Values.
- Posting Advertisements, Web addresses (URLs), item numbers or Web sites in the title of a threaded discussion.
- Posting listing reports or member violations (to report suspected violations, please use the online forms on the "Report Abuse" link at the top of each page of the Community page).
- Discussing or reposting deleted posts or warning letters, or discussion of sanctioned or no longer registered members.
- A sanction or suspension of one User ID will apply to all of that member's User IDs and may apply to members of the same company. The use of false registration information or creation of multiple accounts for use on the Community for the purpose of disruption or to avoid detection may result in permanent sanction or suspension of all associated registrations.
Constant Contact Account
A Constant Contact account is not required in order to access the Community solely for the purpose of reading postings in the Community. However, participants without an existing Constant Contact account may be prohibited by Constant Contact, in its sole discretion, from posting on the Community. Constant Contact may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that Constant Contact rejects for any other reason in its sole discretion. You agree that all information provided in your profile is accurate, true, current and complete, and that you will keep it updated. Constant Contact may terminate your account if any of the information provided is found to be inaccurate, false, out of date or incomplete.
Use of Community Content
You agree that Constant Contact may, in its sole discretion, use information and materials posted on the Community in any way, including in future modifications of Constant Contact offerings, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Constant Contact a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Constant Contact in the Community.
Privacy
Any information that you post in the Community is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as by posting your contact information or email address in the Community. At Constant Contact, we respect and protect the privacy of our customers and those who use our Web sites. Constant Contact's Privacy Statement provides details of our approach to privacy and how we collect, use and protect your personal information. We use a variety of technologies on our Web site. Our Web site tracks usage data, including, for example, your IP address; your browser type and version; which pages you view; which page, if any, linked you to our site; and which link, if any, you follow off of our site. We use this data in the aggregate to better understand Web site activity to improve our offerings. We do not track URLs that you type into your browser, nor do we track you across the Internet once you leave our sites. For more information, please see our Privacy Statement.
Community Moderators
Constant Contact reserves the right to manage the postings on the Community in order to facilitate the orderly distribution of information through the Community. For that purpose, Constant Contact may at its election designate representatives to act as moderators for the Community ("Moderators"). The Moderators cannot and do not review or respond to every post or email. Certain Constant Contact employees may also comment on the Community and will be identified as Constant Contact employees in their profiles or by other means. The Moderators and the identified Constant Contact employee posters (designated in their profile or by other means) are the only authorized representatives of Constant Contact on the Community. Any Constant Contact employees who are not designated as Moderators or identified as Constant Contact employee posters are not authorized to represent themselves on the Community as a Constant Contact employee; therefore they are not providing official Constant Contact responses. Constant Contact is not responsible for content provided by any Constant Contact employee who is not designated as a Moderator or identified as Constant Contact employee poster.
Community Watch
You may assist us in making the Community an effective community for participants. If you detect violations of these Terms, click on "Report Inappropriate Content" within the "Options" pull down in a post. Constant Contact will determine what, if any, action it will take against persons who violate these Terms, which could include the termination of one's privilege to use the Community or, in certain circumstances, referral to the appropriate authorities for action.
Modifications to Community
Constant Contact reserves the right, at any time and from time to time, to delete, modify, suspend or discontinue, temporarily or permanently, the Community (or any part thereof, including any postings) with or without notice. You agree that Constant Contact shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Community.
Notice and Take Down Procedures; Copyright Agent
If you believe any postings in the Community infringe your copyright, you may request removal of those materials (or access thereto) from the Community by contacting Constant Contact's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- 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.
- Your name, address, telephone number and (if available) email address.
- 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.
- 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.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Constant Contact's agent for copyright issues relating to this web site is as follows:
David Smith
Compliance Manager
Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Phone: (781) 472-8100
Fax: (781) 472-8101
Email: compliance@constantcontact.com
Disclaimer of Warranties and Limitation of Liability
MOST OF THE CONTENT POSTED TO THE COMMUNITY IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH CONSTANT CONTACT. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT CONSTANT CONTACT DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT CONSTANT CONTACT IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD CONSTANT CONTACT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE COMMUNITY, YOUR USE OF THE COMMUNITY, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
THE CONTENT ON THE COMMUNITY IS "AS IS" AND CARRIES NO WARRANTIES. CONSTANT CONTACT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE COMMUNITY, REGARDLESS OF WHO ORIGINATES THAT CONTENT. CONSTANT CONTACT DOES NOT WARRANT THAT THE COMMUNITY IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. CONSTANT CONTACT IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSTANT CONTACT AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF CONSTANT CONTACT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONSTANT CONTACT AND YOU. CONSTANT CONTACT WOULD NOT BE ABLE TO HAVE PROVIDED THE COMMUNITY WITHOUT SUCH LIMITATIONS.
Miscellaneous
Only persons aged 18 or over may post to the boards, without regard to whether an adult actually owns the registration or parental/guardian permission. Reporters, researchers, and third party representatives need permission prior to posting, emailing members, or publishing the Community content in their official capacity.
These Terms are a complete statement of the agreement between you and Constant Contact and set forth the entire liability of Constant Contact and your exclusive remedy with respect to your access and use of the Community. In the event of a conflict between these Constant Contact Community Terms and Conditions of Use and either the Constant Contact Privacy Statement or the Constant Contact Web Site and Products Terms and Conditions of Use, these Constant Contact Community Terms and Conditions of Use shall prevail. The agents and employees of Constant Contact are not authorized to make modifications to these Terms, or to make any additional representations, commitments or warranties binding on Constant Contact. Any waiver of the terms herein by Constant Contact must be in a writing signed by an authorized officer of Constant Contact and expressly referencing the applicable provisions of these Terms. Your privilege to use or access the Community may be terminated by Constant Contact immediately and without notice if you fail to comply with any term or condition of these Terms. Upon such termination, you must immediately cease accessing or using the Community. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms will be governed by the laws of the Commonwealth of Massachusetts USA as applied to agreements entered into and to be performed entirely within Massachusetts, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Middlesex County, Massachusetts USA. These Terms do not limit any rights that Constant Contact may have under trade secret, copyright, patent or other laws.
March 2011