Email Archiving AgreementLast Revised: June 7, 2017
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Email Archiving Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of GoDaddy’s Email Archiving services (“Email Archiving” or the “Services”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) GoDaddy’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Email Archiving landing page of the GoDaddy website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to GoDaddy. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Unless otherwise specifically provided in this Agreement, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) GoDaddy, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, GoDaddy may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. GoDaddy assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.2. DESCRIPTION OF SERVICES
GoDaddy Email Archiving is an online Email Archiving service which allows you to store and retrieve your emails. If you wish to transfer existing email data to the online Email Archiving service which was created prior to you entering into this Agreement (“Legacy Data”), GoDaddy offers email ingestion services for Legacy Data on a case by case basis.
Subject to the terms and conditions of this Agreement, to the extent any APIs (including any data collection agent) or other software (collectively “Software”) is provided to You in connection with the Services, and subject to the payment of all Services fees due hereunder, GoDaddy grants to You a revocable, non-exclusive, non-assignable, non-transferable, and non-sublicensable limited right and license during the term of this Agreement to download, install and use the Software, including any updates and/or modifications thereto (“Updates”), and any accompanying documentation, solely in connection with the applicable Services, and only by authorized end users. User shall be solely responsible for the installation and use of the Software, and GoDaddy shall have no obligation or responsibility with respect thereto. You will comply with all applicable laws and regulations in your use of and access to the Services.
GoDaddy reserves the right to modify or discontinue any feature or functionality of the Services, in whole or in part at any time. User understands that the Services may be unavailable at times due to regularly scheduled maintenance. GoDaddy shall use commercially reasonable efforts to schedule this maintenance during night, weekends or off-peak periods.
GoDaddy may (but is not obligated to) periodically provide Updates, which must be installed by Licensee for its continued use of the Software and applicable Services. For clarity, any and all Updates shall be included in the definition of “Software” under the Terms.3. INTELLECTUAL PROPERTY
Except for the express rights and licenses granted hereunder, GoDaddy and/or its suppliers reserve all rights, title and interests in and to the Services and the Software. User acknowledges that the Services and Software, and their respective structures, organization, and source code constitute valuable trade secrets of GoDaddy and/or its suppliers. Except as expressly permitted, User agrees that User shall not, and shall not permit any third party, to (i) modify, adapt, alter, translate, or create derivative works from the Services, the Software or the documentation; (ii) merge the Services or the Software with other software; (iii) resell, or export, except as provided herein, sell, provide for service bureau use, lease, rent, loan, or otherwise transfer the Services, the Software or the documentation to any third party; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or the Software; (v) remove or alter any copyright notices or other notices included in the Services or the Software; or (vi) otherwise use or copy the Services or the Software, except as expressly permitted. Without limiting the foregoing, the restrictions on use of the Services and the Software set forth in this Section shall apply to any Services or Software supplied to GoDaddy by its suppliers.
GoDaddy and/or its suppliers does not grant and User acknowledges that it shall have no right, license or interest in any of the patents, copyrights, trademarks, or trade secrets owned, used or claimed now or in the future by GoDaddy or its suppliers. All applicable rights to such patents, copyrights, trademarks, trade secrets are and will remain the exclusive property of GoDaddy or its suppliers. No title to or ownership of the intellectual property contained in the Services, the Software, or any part of the Services or the Software, as well as all enhancements, updates, modifications, local versions or any derivatives of the Services or the Software, and all intellectual property and proprietary rights therein shall remain GoDaddy or its suppliers property. User shall not delete or alter any GoDaddy or GoDaddy supplier trade names, trademarks or other insignia which are affixed to the Service or the Software or related documentation. User shall promptly notify GoDaddy of any claims with respect to the license or use of the Services or the Software, or to any alleged intellectual property infringement.4. USE OF INFORMATION
All technical or business information (“Information”) furnished to User under this Agreement is the property of GoDaddy or its suppliers and (i) shall be used by User only in connection with the Services or the Software obtained under this Agreement; (ii) shall not be reproduced or copied, in whole or in part, except as necessary for use as authorized under the Agreement; (iii) shall together with any copies, be returned or destroyed when no longer needed or authorized for use.5. USE OF SERVICES
- You are solely responsible for maintaining the confidentiality and security of your login information, including, but not limited to your access numbers, passwords, security questions and answers, account numbers, login information and any other security or access information. We will not be liable for any loss or damage from your failure to secure your login information.
- You understand and accept that use of the Services is at your own risk.
- You understand and accept that the Services and Software are provided on an AS IS and AS AVAILABLE basis.
- You understand and accept that we do not warrant that the Services: I. Are always available. II. Are free of bugs or other defects. Again, we will do our best to fix issues as they are identified, but we can't guarantee that the Software runs perfectly. III. Are 100% secure.
- When you provide us any information, data, passwords or other content, you are licensing this content to GoDaddy and its third party service providers for the purposes of providing you the Services.
- You are licensing to GoDaddy and its service providers, any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the service. We may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above.
- You hereby represent that you are the legal owner of the Content and that you have the authority to appoint, and hereby expressly do appoint, us or our third party vendors as your agent with limited power of attorney to access and retrieve your Content on your behalf. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
- GoDaddy reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
- We may choose to modify pricing for the Services at any time.
- We will automatically renew your monthly or annual Services at the current rates, unless you cancel the Services under this Agreement.
- We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
You understand and agree that, once you cancel your account, you will no longer have access to your content and that it may be permanently removed from the Services.
You further understand and agree that it is your responsibility to export, copy or otherwise collect any desired content from the service before canceling your account.8. EMAIL MESSAGES AND ALERTS
We will occasionally send you email messages including but not limited to automatic and maintenance alerts, newsletters, surveys, support notices and voluntary account related alerts.
If your email address changes, you are responsible for informing us of this change to ensure that we can effectively deliver these messages to you.
Some of the voluntary account related alerts are turned on by default as part of the service. We may introduce new alerts or cease to provide certain alerts at our sole discretion.9. INDEMNITY
User shall defend, indemnify and hold GoDaddy and its suppliers and service providers harmless from and against any liabilities, claims, suits, damages and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of (i) User’s use of the Services or the Software; (ii) the failure of User to comply with all applicable laws, rules, and/or regulations regarding the Services or the Software; (iii) the failure of User to comply with the terms and conditions of this Agreement; or (iv) any negligent act or omission of the User.10. DISCLAIMER OF WARRANTIES
USER ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED TO USER WITH RESPECT TO ANY SERVICES OR SOFTWARE. THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND GoDaddy OR ITS SUPPLIER DISCLAIMS ANY AND ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. GoDaddy DOES NOT WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE. GoDaddy or its suppliers are not responsible for any loss of data or for any data breach or security breach.
User has taken this disclaimer of warranties into account in its decision to acquire the right or license to use the Services or the Software, as applicable, and agrees that such disclaimer is fair and reasonable in light of the terms of this Agreement, including the Services fees, taken as a whole.11. AUDIT RIGHTS
GoDaddy reserves the right to audit (at least once annually) the total number of mailboxes being archived by User throughout the term of the Agreement. In the event that the total number of mailboxes in the archive exceeds the number of licensed mailboxes, GoDaddy will invoice User for the difference.12. OTHER GoDaddy PRODUCTS AND SERVICES
If you purchase Email Archiving, your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the product-level agreements for any other GoDaddy products and services included with Email Archiving if applicable.13. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.14. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.
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