ONLINE MARKETING SERVICES – ADDITIONAL TERMS AND CONDITIONS
For any Web.com online marketing services (the "Online Marketing Services"), along with the Service Agreements and additional terms and conditions located at www.web.com/legal, the following additional terms and conditions also apply (collectively, the "Agreement"):
Web.com will provide Customer with certain Online Marketing Services including, but not limited to, one or more of the following depending on which Online Marketing Services are selected by Customer in the related order process (the "Order Process"): Gorilla Online Marketing, Pay Per Click Advertising, Search Engine Optimization, Search Engine Submissions, Yellow Pages Directory Submissions, Display Advertisements, a "1-800" number with up to 200 minutes per month of local and long distance telephone service, Toll-Free Number Tracking, Visibility Online, E-mail Marketing, Social Network and/or SEO Professor services. These Online Marketing Services are more fully described on the Web page www.web.com/Marketing/Default.aspx.
In addition to the other obligations of Customer contained in the Agreement, Customer expressly acknowledges and agrees that Customer will not utilize the Online Marketing Services in any manner that would violate the Web.com Acceptable Use Policy.
For Online Marketing Services involving online advertisements, positioning of Online Marketing Services or related advertisements is at the sole discretion of Web.com and/or Web.com's service partners (the "Service Partners"). Moreover, the online advertisements are subject to the approval of Web.com and its Service Partners. Web.com and it's Service Partners reserve the right to reject, cancel, modify or remove, without notice to Customer, any advertisement, or related keyword, webpage, link, space reservation, position commitment or any element thereof, at any time, for any reason whatsoever in its sole discretion (including belief by Web.com or its Service Partners that such advertisement, keyword, etc., may subject Web.com or its Service Partners to any criminal or civil liability). Customer hereby grants to Web.com and its Service Partners a non-exclusive, worldwide, fully paid license to use, reproduce and display any advertisement (and the contents, trademarks and brand features contained therein) in accordance herewith. As between Customer and Web.com, all materials, information, and other content provided by Customer to Web.com for fulfillment of Online Marketing Services shall remain the sole and exclusive property of Customer. However, all rights pertaining to any advertisement created by Web.com, whether now or hereafter existing, are reserved by Web.com.
For Online Marketing Services involving online advertisements, in the event that Web.com or the Service Partners (i) fail to publish an advertisement in accordance any specified schedule, (ii) fail to deliver any guaranteed advertising within the specified time frame, (iii) fail to deliver a guaranteed number of total page views by the end of a specified period, or (iv) of any other failure, technical or otherwise, of any advertisement to appear as expressly provided by Web.com, the sole liability of Web.com and the Service Partners to Customer shall be limited to, at the sole discretion of Web.com and/or the Service Partners, (i) a pro rata refund of the advertising fee representing undelivered page views, (ii) rollover of the guaranteed advertising into a subsequent time frame, (iii) placement of the advertisement at a later time in a comparable position, or (iv) extension of the term of the Agreement until total page views are delivered.
For Online Marketing Services involving online advertisements, such advertisements or other promotional materials or content are accepted by Web.com and its Service Partners upon the representation that Customer has the right to publish the contents of the advertisement or promotional materials or content without infringing the rights of any third party and without violating any law. As such, Customer agrees, at its own expense, to indemnify, defend and hold harmless Web.com and its Service Partners, and its employees, representatives, agents and affiliates, against any and all expenses and losses of any kind (including reasonable attorneys' fees and costs) incurred by Web.com and its Service Partners in connection with any claims, administrative proceedings or criminal investigations of any kind arising out of publication of the advertisement and/or any material, product or service of Customer to which users can link through the advertisement or promotional materials/content (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices).
If the Online Marketing Services involve any e-mail marketing, Customer acknowledges and agrees that Customer will only use the Online Marketing Services to send emails to customers and prospects that have directly consented to receive email from them (the “opt-in method”). Customer is prohibited from transmitting unsolicited commercial email (“Spam”) via the Online Marketing Services. Customer agrees not to use the Online Marketing Services to send Spam or any other type of unsolicited email or that would otherwise violate the Web.com Acceptable Use Policy. For any list of email addresses provided by the Customer, Customer agrees to provide Web.com with the source of the email addresses, the method used to capture the data, and verification of the consent to receive emails from any such customer or prospect. Customer further certifies that Customer will not use rented or purchased lists, email append lists, or any other list that contains email addresses captured in any other method than the opt-in method. Customer will be solely and completely responsible for any of these aforementioned acts committed by Customer in relation to Customer’s use of the Online Marketing Services.
For all Online Marketing Services involving pay-per-click advertising or similar Online Marketing Services with fees paid in advance based on projected advertising spend and related service and/or management fees, for all amounts not spent on pay-per-click or other advertising and not otherwise allocated towards related service or management fees, such amounts may not rollover or be returned to Customer, but instead may be retained by Web.com.
All phone numbers associated with the Web.com Toll-Free Number Tracking Service are acquired by Web.com or its Service Partners on behalf of Customer and as such, are registered to and are controlled exclusively by Web.com. Customer acknowledges that they have no claim of ownership or claim of use as it relates to each phone number.
Web.com and the Service Partners make no guarantees with respect to usage statistics or levels of impressions for any Online Marketing Services provided. Customer acknowledges that delivery statistics provided by Web.com's Service Partners will be the official, definitive measurements of such Service Partners' performance on any expressly stated delivery obligations.