These Discussion Board Terms of Use of Roving Software, Inc. (d/b/a Constant Contact), together with the Constant Contact Privacy Statement and Terms of Service applicable to Constant Contact.com (collectively, the "Terms"), govern your use of Constant Contact 's Discussion Boards (the "Discussion Boards"). These Terms describe the permitted and prohibited uses of the Discussion Boards, among other things. Your access or use of the Discussion Boards 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, effective upon posting of the modified Terms on the Discussion Boards or Constant Contact's other web sites. Your use of the Discussion Boards, 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 Discussion Boards.

Messages posted to Constant Contact's public Discussion Boards by Constant Contact Community members are solely the opinion and responsibility of the person posting the message.

Conduct

The Discussion Boards are 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 Discussion Boards and has no duty to correct any erroneous statements on any of the Discussion Boards. These following provisions establish the rules and expectations for participants to facilitate that exchange.

Use Your Common Sense.

Visitors to these Discussion Boards 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. Some questions and answers may be specific to certain versions of Constant Contact. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other participants' postings in the Discussion Boards. Remember, due to the anonymous nature of the Internet, other Discussion Boards 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 post hypertext links to content hosted and maintained by third parties. Constant Contact does not moderate or control these linked sites, and is not responsible for them. Your access to any linked 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 appropriate product or service for the Constant Contact community.

Be Thoughtful About Your Postings.

The Discussion Boards benefit from postings that express relevant, well-reasoned and thoughtful insights. 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, y ou agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, 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;

Containing a virus, Trojan horse, worm or other harmful or disruptive component;

Directing participants to any content or information that, if posted in the Discussion Boards, would constitute a violation of these Terms, including another individual's contact information and/or email address;

Including material (graphic or text) that is obscene, pornographic or adult in nature.

Advertising any product or service that violates our Prohibited Content And Commerce Statement.

Spam such as:

Chain letters, pyramid schemes or securities offerings.

"Bombing" the Discussion Boards 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 Discussion Boards 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 Constant Contact members.

Encouraging others to violate Constant Contact policies or the Constant Contact User Agreement.

Refusing to follow Constant Contact staff instructions.

Posting email content from private parties.

Posting material that in any way violates the Constant Contact User Agreement 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 Discussion Boards 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 Constant Contact's Discussion Boards for the purpose of disruption or to avoid detection may result in permanent sanction or suspension of all associated registrations.

Additional Information

Constant Contact Account

No Constant Contact account is required in order to access the Discussion Boards solely for the purpose of reading postings in the Discussion Boards. However, participants must have an existing Constant Contact account in order to post to the Discussion Boards and adjust user settings. 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 Discussion Board Content:

You agree that Constant Contact may, in its sole discretion, use information posted on the Discussion Boards 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 Discussion Boards.

Privacy

Any information that you post in the Discussion Boards 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 Discussion Boards. 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.

Discussion Board Moderators.

Constant Contact reserves the right to manage the postings on the Discussion Boards in order to facilitate the orderly distribution of information through the Discussion Boards. For that purpose, Constant Contact may at its election designate representatives to act as moderators for the Discussion Boards ("Moderators"). The Moderators cannot and do not review or respond to every post or email. Certain Constant Contact employees may also comment on the Discussion Boards and will be identified as Constant Contact employees with a Constant Contact icon. The Moderators and the identified Constant Contact employee posters (designated with the Constant Contact icon) are the only authorized representatives of Constant Contact on the Discussion Boards. 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 Discussion Boards 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 Discussion Boards an effective community for participants. If you detect violations of these Terms, click on the “Report Abuse” link from within the 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 Discussion Boards or, in certain circumstances, referral to the appropriate authorities for action.

Modifications to Discussion Boards

Constant Contact reserves the right, at any time and from time to time, to delete, modify, suspend or discontinue, temporarily or permanently, the Discussion Boards (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 Discussion Boards.

Disclaimer of Warranties and Limitation of Liability

MOST OF THE CONTENT POSTED TO THE DISCUSSION BOARDS ARE 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 DISCUSSION BOARDS, YOUR USE OF THE DISCUSSION BOARDS, YOUR VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

THE CONTENT ON THE DISCUSSION BOARDS 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 DISCUSSION BOARDS, REGARDLESS OF WHO ORIGINATES THAT CONTENT. CONSTANT CONTACT DOES NOT WARRANT THAT THE DISCUSSION BOARDS ARE 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 DISCUSSION BOARDS, 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 DISCUSSION BOARDS 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 Discussion Board content in their official capacity.

These Terms are a complete statement of the agreement between you and Constant Contact Inc., and set forth the entire liability of Constant Contact and your exclusive remedy with respect to your access and use of the Discussion Boards. In the event of a conflict between these Constant Contact Discussion Boards Terms of Use and either the Constant Contact Inc. Privacy Statement or these Terms of Service applicable to Constant Contact.com, these Terms 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 Discussion Boards 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 Discussion Boards. 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 Massachusetts law 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. These Terms do not limit any rights that Constant Contact may have under trade secret, copyright, patent or other laws .

Last Updated June 7, 2006