Terms 3

TORCHx Services

1. Additional Terms.  The following additional terms and conditions apply to you if you use the TORCHx service.  Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Web.com Master Services Agreement. 

2. Representations and Warranties.  By continuing to use the Services, Customer represents and warrants throughout the term that Customer continues to use the Services that (a) it has the full right, power and authority to grant the licenses and related rights granted herein and has acquired any and all third party clearances, permissions and licenses that are necessary in connection with Web.com’s exercise of such rights and licenses, (b) the Content is true and accurate, does not violate any law or regulation and is not misleading, defamatory, libelous or slanderous,  (c) Web.com’s use of the Content in connection with providing the Services will not infringe upon or violate the rights or property interests of any third party and (d) it shall only use the Services and all features of Services in accordance with the Acceptable Use Policy for such Service, applicable state and federal laws and regulations, as well as professional rules and regulations applicable to Customer and Customer’s employees, contractors and representatives.  You may use the Services to transmit Content or direct us to make contacts via any channel (in either case “Messages”) to, or with, recipients (the “Recipients”).  You represent and warrant that you have the right to use and publish all Content and send all Messages to the Recipients (including obtaining any required consents from the Recipients) and that you are the transmitter of all Content and Messages and we are merely acting at your direction as a passive technology conduit for the transmission of the Content and the Messages.  Customer will notify Web.com in writing promptly if any of the foregoing representations and warranties becomes untrue.    

3. For Transmission of Automated Communications, including the Email Marketing and Offers Features and any Automated Communications.

•For purposes of sending electronic mail communications, you acknowledge and agree that you are the “sender” and Web.com is not a “sender” or “designated sender” for purposes of the CAN-SPAM Act.

•You are responsible for obtaining required consents from clients to whom you send Messages.  You agree to promptly respond if a client indicates they no longer wish to receive Messages of any given type via the Services by disabling in the Services the associated message type(s) or device(s) for the client making the request.

• You agree not to upload into your contact list anyone who has unsubscribed from receiving emails or other Messages from you. 

• You agree that you are solely responsible for (i) supplying all required disclaimers and (ii) compliance with all local, state and federal laws and regulations, as well as any professional rules and regulations applicable to you, your business, and your employees, contractors and representatives, including with respect to any suggestions provided by Web.com that you choose to use. 

•Certain functions are provided by a third party.  By using the email marketing or offers feature, you agree to the Third Party Service Provider Terms available at http://www.yodle.com/legal/terms/third-party-service-provider-terms, which are hereby incorporated by reference herein.

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