This Acceptable Use Policy ("AUP") governs your use of the Services (as defined in the Terms of Service) and is incorporated by reference into the Constant Contact Website Builder’s Terms of Services (the “Terms of Service”). In the event that you also use the Constant Contact email marketing product and related products and services, your use of such products is governed by the Constant Contact Website and Products Terms of Conditions of Use and the Constant Contact Prohibited Content and Commerce Statement. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. Constant Contact, Inc. (“Constant Contact”) may modify this AUP at any time without notice.
You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. Constant Contact reserves the right to terminate the Services for any Customer that exposes Constant Contact to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold Constant Contact harmless from any claims resulting from your use of the Services.
Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.
A. Prohibited Use or Content
You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Constant Contact to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
B. Excessive Use of Resources or Network Abuse
You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:
C. Unauthorized System Access
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:
D. Storage of Backups
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Constant Contact reserves the right to remove backups from your hosting account with or without notice.
E. Zero Tolerance Spam Policy
You may not use the Services to send spam or bulk unsolicited messages. Constant Contact maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 or other laws or regulations relating to email marketing ("SPAM").
A. Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
B. Constant Contact reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Constant Contact or the Services, as determined in Constant Contact's sole discretion.
C. Violations will be reported to law enforcement as determined by Constant Contact in its sole discretion.
D. A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
E. Websites hosted on Constant Contact's servers in the U.S. are generally governed by U.S. law. As a web host, Constant Contact is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in Constant Contact's sole discretion, orders material to be removed, Constant Contact will disable access to such material.
F. Notwithstanding the foregoing, Constant Contact users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Constant Contact reserves the right to take local legal considerations into account and to respond accordingly in Constant Contact's sole discretion.
G. Enforcement of this AUP is at Constant Contact's sole discretion.
A. To report a violation of Constant Contact's AUP, please email [email protected]