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Terms of service

Constant Contact

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Score33.0
Reviewed
Policy typeTerms of service
Concern findings11
Protections1
Source supportStrong

Source provenance

Verified official source
Retrieved
Last checked
PublishedAutomated refresh

What changedMaterial language shifts detected around cancel, refund, renew, arbitration. 74 new line(s), 121 removed line(s).

Snapshot hash 26a3dc786b7dcaee8ae54955f0f4e25a927884d11a268f5f877ad4e65c5ce6b7

Snapshot of the source text at fetch time, not a live mirror of the policy page.

Plain-English summary

This document outlines several terms that could significantly impact users. Notably, the service retains the right to modify its terms and fees at any time, effective immediately, without necessarily providing advance notice. There are strict limitations on refunds, as no refunds will be issued for early termination or upon account expiration, meaning users may lose prepaid funds. The service also holds broad discretion to suspend, terminate, or limit access, and may delete user data for inactive accounts after 120 days. Users are fully responsible for account security and face a tight 60-day window to dispute any charges. Additionally, the service can collect data from your public profiles for internal business purposes and requires users to indemnify them against third-party claims arising from user actions or data.

93% confidence

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Risk Flags

3 findings

The most serious issues we found. These can have a material impact on your rights or finances.

high95% confidence

No Refunds Upon Termination or Expiration

Upon termination or expiration of your account and/or subscription for the services, the service will not provide any refunds for any fees, subscriptions, or prepaid amounts.

Account termination without notice

Why it matters: If your account or subscription ends for any reason, you will not receive any refunds for money you've already paid.

Upon termination or expiration of your account and/or subscription for the Services, the Agreement and any rights or licenses granted to you hereunder shall immediately terminate, and we will not provide any refunds for any fees, subscriptions, or prepaid amounts, except that (a) all sections of these Terms that by their nature should survive termination will survive termination, including Sections 6-9, 11-14, and 19, and (b) you will continue to be responsible for redemption of coupons and fulfillment of Promotions and Deals run prior to such termination and any promises you made with respect to the funds associated with any Donation Campaigns.

**9\. Privacy.**, paragraph 17 · Citation strength: strong

high95% confidence

Sole Discretion to Refuse Service, Close Accounts, and Change Eligibility

The service may refuse service, close your accounts or the accounts of any authorized users, and change eligibility requirements at any time, in their sole discretion.

Unilateral amendmentAccount termination without notice

Why it matters: The service can unilaterally decide to stop providing you service, close your accounts, or change who is eligible to use the service without your input.

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.

[Exhibit A](https://www.constantcontact.com/legal/terms#tc21), paragraph 5 · Citation strength: strong

high95% confidence

Data Deletion for Inactive Accounts

If your account is classified as inactive for over one hundred and twenty (120) days, the service has the right to permanently delete any of your contacts and content.

Why it matters: If you don't use your account for more than 120 days, your data and content may be permanently deleted without recovery.

If your account is classified (in our sole discretion) as inactive for over one hundred and twenty (120) days, we have the right to permanently delete any of your contacts and content.

**9\. Privacy.**, paragraph 17 · Citation strength: strong

Data Use

2 findings

How your data is collected, processed, and shared.

Not clearly stated: The policy mentions that the service may use automated data collection for internal business purposes and to provide you with content, but it does not clearly specify the full scope of "internal business purposes" or what other types of content might be generated besides automatic email templates.
medium95% confidence

License to use User Submissions

If you submit any suggestions, business information, ideas, concepts, inventions, or content to the service, you grant a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, sublicensable license to access, use, modify, display, publicly perform, distribute, copy, create derivatives from, and process them for any purpose.

Broad content license

Why it matters: The service gains broad rights to use and modify anything you submit, including for commercial purposes, without further compensation or control from you.

If you submit any suggestions, business information, ideas, concepts or inventions or content to us through the Services or otherwise ("Submissions"), you agree that each such Submission is non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Submission in any manner or in any media now known or hereafter created.

[Exhibit A](https://www.constantcontact.com/legal/terms#tc21), paragraph 56 · Citation strength: strong

medium95% confidence

Monitoring and Recording of Communications

You agree that the service may monitor or record any of your telephone conversations, chatbot communications, and texts for quality control, employee training, and their own protection. Authorized users are also deemed to consent to such monitoring or recording.

Why it matters: Your direct communications with the service, including phone calls and texts, may be monitored or recorded, meaning your interactions are not private between you and the service.

You agree that we may monitor or record any of your telephone conversations, chatbot communications and Texts with us for quality control purposes, for purposes of training our employees, and for our own protection. You further agree that any Authorized Users or anyone else you authorize to use your account consents to such monitoring or recording as well.

[Exhibit A](https://www.constantcontact.com/legal/terms#tc21), paragraph 50 · Citation strength: strong

Cancellation and Renewal

1 finding

Terms about how your subscription can be canceled or renewed, and any associated costs.

Not clearly stated: The policy does not explicitly state that all paid subscriptions automatically renew, only that trials convert to paid accounts if payment info is provided. The general term regarding cancellation states you must notify them before renewal to avoid billing, implying automatic renewal, but it's not explicitly stated as a general rule for all subscriptions.
medium95% confidence

Automatic Renewal of Paid Accounts After Free Trial

If you provide payment information when signing up for a free trial, your account will automatically convert to the paid account you selected, and you will be charged the current fees upon trial expiration.

Auto-renewal / negative-option billing

Why it matters: Your free trial will automatically turn into a paid subscription and you will be charged, even if you did not explicitly agree to continue after the trial period.

Upon the expiration of the Trial, if you provided payment information, (a) your account will automatically convert to the paid account you selected, and (b) you will be charged the then current Fees for such paid account.

**7\. Fees; Payment; Taxes.**, paragraph 6 · Citation strength: strong

Gotchas

5 findings

Terms that could be tricky or unexpected.

Not clearly stated: The policy does not clearly state whether an account dispute suspension involves refunding any fees for the period of suspension.
medium95% confidence

You are Responsible for Account Security

You are responsible for maintaining the security of your account, usernames, passwords, and files, including those of any authorized users. The service is not responsible for losses due to stolen or hacked passwords.

Why it matters: You bear the full responsibility for any security breaches of your account, including those involving authorized users or stolen passwords, potentially leading to unauthorized access or data compromise.

You are responsible for all activity that occurs under your account access, whether or not you authorized that activity, other than activity that we are directly responsible for that is not performed in accordance with your instructions. You agree to notify us immediately of any unauthorized use or access of your account or any other known or suspected breach of security. We are not responsible for any losses due to stolen or hacked passwords.

[Exhibit A](https://www.constantcontact.com/legal/terms#tc21), paragraph 27 · Citation strength: strong

medium95% confidence

Fees May Change Immediately Without Prior Notice

The service may change any of its fees at any time, effectively immediately, by posting a new pricing schedule to the services on the company's website, in your account, and/or sending you a notification by email.

Why it matters: The price you pay for services can increase suddenly without a grace period, as changes can take effect immediately upon posting or email notification.

We may change any of our Fees at any time effectively immediately by posting a new pricing schedule to the Services  on the Company’s website, in your account and/or sending you a notification by email.

**7\. Fees; Payment; Taxes.**, paragraph 1 · Citation strength: strong

medium95% confidence

No Obligation to Provide Content Download or Export

The service is not obligated to provide you with a way to download or otherwise export your contacts and content out of the services.

Why it matters: You might be unable to retrieve your contacts and content if you decide to leave the service, potentially leading to data lock-in.

We are not obligated to provide you with a way to download or otherwise export your contacts and content out of the Services.

[Exhibit A](https://www.constantcontact.com/legal/terms#tc21), paragraph 30 · Citation strength: strong

medium95% confidence

Waiver of Fee Disputes After 60 Days

Any disputes about charges must be submitted in writing within sixty (60) days of the date such charges are incurred. You agree to waive all disputes not brought within this 60-day period.

Why it matters: You lose the right to challenge any charges after 60 days, meaning you must diligently review your billing and act quickly if you identify an error.

Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under the Agreement or applicable Order Form or Statement of Work must be submitted to us in writing within sixty (60) days of the date such charges are incurred. You agree to waive all disputes not brought within the sixty (60) day period, and all such charges will be final and not subject to challenge.

**7\. Fees; Payment; Taxes.**, paragraph 3 · Citation strength: strong

medium95% confidence

Indemnification Clause for Your Actions and Data

You agree to defend, indemnify, and hold the service harmless from any losses, damages, judgments, fines, and costs related to third-party claims arising from your breach of the agreement, your customer data, your use of the services, or infringement of intellectual property rights related to your provided information.

Indemnification

Why it matters: You could be held responsible for legal costs and damages if third parties make claims related to your use of the service, your data, or any intellectual property issues originating from your content.

You hereby agree to defend, indemnify and hold us, our officers, directors, employees, affiliates, licensors, subcontractors, partners, agents, members, sponsors, investors, and representatives (each, an “Indemnified Party”) harmless from any losses, damages, judgments, fines, reasonable attorneys’ fees, and costs, in connection with any third party claims arising out of or relating to (a) any actual or alleged breach by you of the Agreement, (b) Customer Data, including the content of any messages you distribute, websites you publish, events you host, surveys you administer, social media campaigns you publish, or Your Products, (c) otherwise arises from or relates to your use of the

**9\. Privacy.**, paragraph 18 · Citation strength: strong

Protections

1 finding

Safeguards and benefits for you.

Not clearly stated: The policy mentions that you will continue to receive transactional messages even if you opt out of marketing communications, but it does not specify what types of messages are considered 'transactional'.
Protection95% confidence

Option to Opt-Out of Promotional Telephone Contacts

You do not need to agree to receive promotional telephone calls to use the services and can complete a "Do Not Call Form" to opt out.

Why it helps: This allows you to control unwanted marketing calls while still being able to use the service.

You do not need to agree to this provision in order to use the Services and if you would like us not to contact you by telephone, please complete the [Do Not Call Form](https://www.constantcontact.com/legal/donotcallform). Additionally, you may unsubscribe from our alerts or marketing communications at any time, by replying STOP to any SMS message, or via a phone call, although you will continue to receive transactional messages from us.

[Exhibit A](https://www.constantcontact.com/legal/terms#tc21), paragraph 48 · Citation strength: strong

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