Websites Terms and Conditions
View our general terms and conditions here.
The following PSTs shall apply to any Product identified in an Order Form as “Website” or any other service incorporating the development of a website by Supplier on behalf of Customer(the “Website Platform”):
- Customer Responsibilities. Customer understands and agrees that Customer, and not Supplier, is responsible for the operation and control of the Website Platform and legal liability can arise from, and legal duties can apply to, publishing or allowing the posting of any content on websites or otherwise operating or controlling websites. Customer understands and agrees that Customer is exclusively responsible for, and Supplier will have no duty or responsibility whatsoever for providing to Customer or for the website, any warnings, notices, terms of website use, legal terms, disclaimers, terms purporting to limit, exclude or shift liability, responsibility or risk, proprietary rights notices, acceptable use policy, privacy policy or other legends, agreements or terms of any nature, whether legal, exculpatory, protective or otherwise. Customer shall at all times make it clear on its website that Customer is the party responsible for the website and the content posted to or available through it and that any comments, complaints, claims or questions regarding the website or the content posted to or available through it are to be directed solely to Customer. Customer may not in any way identify Supplier as the party responsible for the website or the content posted to or available through it. Customer shall not use the Website Platform to conduct any of the following activities: (i) send bulk/spam e-mail; (ii) send mass/spam news postings; (iii) disclose the trade secrets of any other person or entity; (iv) use patented or trademarked materials without the prior consent of the patent or trademark owner; (v) rent, sell or otherwise distribute web space to third parties; or (vi) conduct any other activity that Supplier determines, in its sole discretion, to be fraudulent, illegal or an unreasonable drain on system resources.
- Supplier Policy Changes. Customer agrees that Supplier may from time to time establish, add to, or change from time to time, and that Customer will at all times comply with, policies, procedures, practices and limits concerning receipt of, access to and/or use of the Website Platform.
- Third Party Fees. Supplier reserves the right to charge Customer for, and Customer hereby agrees to pay, third-party Fees and charges assessed against, incurred by or paid by Supplier in connection with the registration, renewal, creation or maintenance of the website (including, but not limited to, domain registration fees), all of which are non-refundable.
- Ownership. Supplier and its licensors own and retain all right, title, and interest in and to the Website Platform, in whole and in part, all Supplier-provided web content, and all other required hardware, software and facilities used in the operation of the Website Platform.
- Domain names. Customer hereby authorizes Supplier to transfer in or acquire a domain name from a third-party domain name vendor (“TPDNV”) and renew or permit the renewal of the domain name annually. Customer agrees and shall continue to agree to, during the Term, to the TPDNVs’ terms of service, may change at any time in the TPNV’s sole discretion and without notice. Customer acknowledges and agrees that Customer will become a party to a separate contractual relationship between it and the applicable TPDNV, and that Customer, and not Supplier, will be fully and solely responsible for all liability and obligations in connection with that relationship, provided that Supplier may act on Customer’s behalf in connection with such relationship, the TPDNVs and Customer’s account(s) with them. If, after registering one or more domain names in connection with the website or Website Platform (for example, because of Customer’s incorrect registration of a domain name or otherwise), Customer chooses to delete a previously registered domain name and subsequently register one or more additional different domain names, Customer will be charged the resulting domain name registration fees. Supplier may list Customer or, in Supplier’s sole and exclusive discretion, Supplier, as the registrant and/or administrative, billing, and/or technical contact in connection with the domain name; however, upon any termination of an Order Form or SOW for the Website Platform, Supplier may immediately cease acting in those capacities including in connection with switching registrars and will not be responsible to forward any notices, emails or other correspondence to Customer or to take any other actions in connection with the domain name after any such termination. Customer shall be solely responsible for renewing any domain names that may become due for renewal.
- Website Content. If Supplier is contacted with a complaint, comment or inquiry about, or otherwise becomes aware of, any use of, activity, or problem relating to, or content that may be posted to or otherwise available on or through, the website or Website Platform, then Supplier is free (without notice) to take or refrain from taking any action it deems, in its sole discretion, to be appropriate, advisable, useful, preferable, prudent, protective or mitigating, and Supplier shall have absolutely no responsibility or liability to Customer or others as a consequence of any such action or inaction, and Customer will indemnify, defend and hold Supplier and its Affiliates and their respective directors, officers, employees, agents and representatives harmless from and against all lawsuits, claims, actions, damages, loss, injury, costs (including, without limitation, attorneys’ fees, experts fees and other defense costs), expenses, penalties, interest and liability incurred by Supplier or its affiliates as a result of, in the course of defending or addressing, or in connection with any such lawsuit, claim or action, any such action or inaction or any such use, activity, trend, problem or content. Supplier is under no obligation, but does reserve the right (without notice), to monitor, pre-screen, block, remove, render inaccessible and otherwise regulate and address any website or content, and in no event will Supplier be responsible for any legal wrong that might be committed in connection with the website or Website Platform, nor for the appropriateness, accuracy, sufficiency, correctness, legality, veracity, completeness, or timeliness of any use of, activity, trend or problem relating to, or content that may be posted to, available on or through the website or Website Platform. With respect to the website or any content, Customer agrees not to post, upload, link to, frame, display or otherwise transmit any content which is false or misleading, threatening, abusive, harassing, tortious, defamatory, obscene, indecent, pornographic, libelous, invasive of another’s privacy, hateful, racially and ethnically objectionable, otherwise objectionable or offensive, or inapplicable to or irrelevant to a professional business website, or which constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party, or the violation of any right of publicity or privacy right.
- Third Parties. Supplier is not and will not be responsible for any transaction between Customer and any third party nor the terms and conditions of any such transaction or the quality of services or products provided by or to any such third party or any legal liability arising out of or related to such services or products as they relate to Supplier’s provision of and Customer’s access to, the Website Platform, and Customer will indemnify, defend, and hold Supplier and its Affiliates and their respective directors, officers, employees, agents and representatives harmless from and against all lawsuits, claims, actions, damages, loss, injury, costs (including, without limitation, attorneys’ fees, experts fees and other defense costs), expenses, penalties, interest and liability relating to any dispute in connection with such third party transactions, products, and/or services incurred by, owed by or adjudicated or awarded against Supplier and any of its Affiliates and their respective directors, officers, employees, agents and representatives.
- Privacy and Data Security.
a. If a Website is offered under the brand “Market Leader,” Supplier’s Privacy Policy as it relates to the Products governed by these PSTs is located at https://www.marketleader.com/privacy. Additional data privacy and security terms are located at https://www.marketleader.com/dpa/.
b. If a Website is offered under the brand “Top Producer,” Supplier’s Privacy Policy as it relates to the Products governed by these PSTs is located at https://www.topproducer.com/privacy. Additional data privacy and security terms are located at https://www.topproducer.com/dpa.
c. If a Website is offered under the brand “Constellation1,” Supplier’s Privacy Policy as it relates to the Products governed by these PSTs is located at https://www.constellation1.com/privacy-policy/. Additional data privacy and security terms are located at https://www.constellation1.com/dpa.