Constant Contact Website Builder Acceptable Use Policy
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.
1. You may not directly or indirectly use the Services in connection with any of the following, as determined in Constant Contact’s sole discretion:
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:
- Disclosing private sensitive personal information about others;
- Storing personal or sensitive information, including without limitation, "Protected Health Information" as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);
- Distributing computer viruses, worms, Trojan horses or other malicious code;
- Promoting or facilitating prostitution or sex trafficking;
- Distributing pornography or adult related content or offering any escort services;
- Hosting, distributing or linking to child pornography (any such content will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children) or content that is potentially harmful to minors;
- Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
- Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
- Infringing the intellectual property or other proprietary rights of others;
- Phishing or engaging in identity theft;
- Promoting or facilitating violence or terrorist activities; or
- Gambling or selling weapons or ammunition;
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:
- Hosting or linking to an anonymous proxy server;
- Operating a file sharing site;
- Scripts or processes that adversely impact our systems; or
- Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
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:
- Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
- Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
- Intercepting or monitoring data without permission; or
- Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our website or servers for any unauthorized purpose.
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").
- "Safe lists," purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
- Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link:https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
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.
3. Reporting Violations of this AUP.
A. To report a violation of Constant Contact's AUP, please email [email protected]
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