T&C
Terms of Use - ListLocal
1. Applicability
The following conditions apply to the List Local service. In addition to these terms of use, our IONOS Web Hosting Terms and Conditions, which you can access using this link, also apply. If these terms of use should contradict the IONOS Web Hosting Terms and Conditions, these terms of use take precedence.
2. Subject Matter
During the term of the contract, the customer has the opportunity to create an entry for himself or herself, or for a third party, and publish this entry in various online business directories and online company directories on the Internet (hereinafter called "media presenters"). IONOS will pass on to each media presenter all of the profile data saved by the user that is in the data fields that are supported for publication by such media presenter. The specific data fields supported for publication may vary among the media presenters (for example, some may support publication of photos or menus, while others do not). All publication of data is subject to the content policies of the media presenters, and IONOS does not guarantee that the media presenters will always immediately apply this data in its entirety or in the exact form provided by the user. The number and assortment of media presenters depend on the package selected and also can change at any time without affecting the validity of the contract with IONOS. The media presenters may work with other partners that operate online services in a network to allow broader distribution of the customer's content. These additional entries on the partner sites are a voluntary additional service on which IONOS has no influence, and which could change or be discontinued at any time. Changes to these voluntary additional services do not affect the validity of the contract with IONOS.
4. Content of the Entry
The entry created by the customer may only contain content for which the customer has the necessary rights (in particular intellectual property rights and related rights) and which does not violate the rights of any third party. In particular, the customer must, for example, have the necessary intellectual property rights and related rights or usage rights that also cover use of the entry by IONOS and by the media presenters for the purposes of this service. In particular, entries that glorify violence or have insulting, racist, discriminatory, erotic or other pornographic content are excluded from the service. Political content, as well as content about tobacco, alcohol, drugs, weapons and/or gambling is also excluded. Required data fields to create a profile are: Business Name, Categories, Address, City, State, Zip, Phone. In the event that those data fields are not populated, IONOS shall have the right to populate such data field(s) with relevant data, using reasonable discretion.
5. Facebook Managed Pages
In packages that include Facebook as an included publisher, IONOS will create and administer a Facebook page for each location if the customer provides the administrative access to the account. The customer agrees to comply with (and to ensure that all data and content provided by it for inclusion on the Facebook page complies with) Facebook's "Statement of Rights and Responsibilities" (currently located at http://www.facebook.com/legal/terms) and any other applicable terms and conditions and policies of Facebook (collectively, the "Facebook Terms"), and indemnify, defend and hold harmless IONOS and its third party providers for any failure to comply with the Facebook Terms. If the customer or its data or content fails to comply with the Facebook Terms, IONOS will have the right to immediately suspend provision of the Facebook services to such Customer until such failure is cured and/or, if directed by Facebook, to terminate such services provided to customer.
8. Usage Rights
The customer grants IONOS a non-exclusive, worldwide, irrevocable, fully sub-licensable license, at no charge and for an unlimited period of time, to save, duplicate, distribute, modify, display and publish the entry in connection with the service from IONOS; this license can be sublicensed and/or transferred for the purpose of publishing the entry.
9. Exemption from Liability
The customer shall indemnify IONOS and its third party providers from any and all claims asserted by third parties against IONOS as a result of violation of the customer's obligations listed in sections 4 and 5 and/or harmful actions on the part of the customer, and shall provide compensation for any damages in excess of these claims, including the costs for any and all legal action or defense necessary. THE List Local SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, IONOS MAKES NO, AND DISCLAIMS ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. IN NO EVENT SHALL IONOS OR ANY OF ITS THIRD PARTY PROVIDERS OR MEDIA PRESENTERS BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE List Local SERVICE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, EVEN IF IONOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IONOS'S LIABILITY UNDER ANY CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THE List Local SERVICE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO $10. To the extent any liability cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law. IONOS's third party providers and media presenters shall be intended third party beneficiaries of this Section 9 and the other provisions of htis Agreement.