Last Revised: December 1, 2017
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. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that if your billing address is in Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Panama, Paraguay, Peru, Puerto Rico, Trinidad & Tobago, United States, Uruguay or Venezuala, this Agreement is between you and GoDaddy.com, LLC. If your billing address is in Canada, this Agreement is between you and Go Daddy Domains Canada, Inc. If your billing address is in the United Kingdom, Denmark, Norway, Sweden, Lichtenstein, Switzerland, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, or Spain, this Agreement is between you and Go Daddy Europe Limited.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
We offer a variety of Microsoft products and services (“Products”). The Products are available for purchase as stand-alone products and some are occasionally included for free with the purchase of other products. Regardless of whether you pay for your use or receive the Products for free, your use of each of the Products is subject to both the general provisions of this Agreement and the provisions specific to whichever Products you use.
Your use of the Products is subject to the following terms and conditions:
(i) Your use of the Products is subject to the Microsoft Online Services Reseller Use Rights, which are hereby incorporated by reference, for the applicable Product you purchase, including but not limited to terms therein governing privacy and the handling of your data.
(ii) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS SHALL BE AT YOUR OWN RISK AND THEY ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. GoDaddy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MICROSOFT AND THEIR AFFILIATES AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE PRODUCTS. IN NO EVENT SHALL GO DADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MICROSOFT AND THEIR AFFILIATES AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM THE SALE, USE OR SUPPORT OF THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT GODADDY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(iii) GoDaddy, and not Microsoft, will provide you with support for the Products.
(iv) Use of the Products are subject to the SLA, which is hereby incorporated by reference.
(v) You may not use Microsoft's corporate name, technology names and trademarks (logos, trade dress, designs or word marks in stylized form) without Microsoft’s prior written approval.
(vi) You represent and warrant that you have the necessary rights to any data, software programs or services that you use in connection with your access or use of the Products and that such activities do not infringe the intellectual property or other proprietary rights of any third party.
(vii) You agree to access and use the Products (a) without violating the rights of any third party or purporting to subject GoDaddy or Microsoft to any other obligations to you or any third party, and (b) solely in a manner that comply with all applicable laws and regulations.
(viii) You consent for Microsoft to receive and use your information that Microsoft receives in order to provide the Products and uphold its responsibilities under this Agreement.
(ix) You hereby consent to the processing of your data and personal data by GoDaddy, Microsoft and their respective affiliates, subsidiaries and service providers. You hereby acknowledge and agree that Microsoft may collect, use, transfer, disclose and otherwise process your data, including personal data, as described in the Microsoft Online Services Reseller Use Rights.
(x) You agree that your Subscription(s) will auto-renew as set forth in the Universal Terms of Service unless either you timely opt out of such auto-renewal.
(xi) This agreement is for the benefit of Microsoft and Microsoft Affiliates, licensors and suppliers, and each of the foregoing shall be entitled in its own right to require the due performance of this Agreement.
(xii) If you are seeking HIPAA compliance after purchase, you agree that you are subject to the GoDaddy Business Associate Agreement.
(xiii) Any additional terms Microsoft requires, either generally or with respect to specific Products.
(xiv) If you choose to associate the Office 365 email service with a domain name, you must maintain your domain name registration in order to send and receive email messages. In the event that the associated domain name expires due to your failure to renew the associated domain name, GoDaddy reserves the right to suspend the associated Office 365 email services until such time that the associated domain name is renewed.
1. EMAIL MIGRATION SERVICES
For email migration services, you are further subject to the following terms and conditions:
(i) you hereby agree to accept SkyKick’s Customer Terms & Conditions;
(ii) you hereby authorize GoDaddy to grant SkyKick access to such of your systems and cloud computing accounts and to share with SkyKick your information, emails, data, text, audio, video, images or other content as required for SkyKick to provide migration-related services (including administrative-level access);
(iii) you agree to obtain consent and authorization from your employees, contractors, and agents to permit SkyKick to access and use such person’s email and system credentials for SkyKick to provide migration-related services; and
(iv) you agree to receive communications from SkyKick (via email or other means) regarding SkyKick’s performance of the migration-related services.
2. EMAIL ARCHIVING OR ENCRYPTION SERVICES
Email Archiving: Email Archiving is an online service that allows you to store, retrieve and easily search through emails sent to and from your Microsoft Office 365 email account(s). It may also be possible, determined on a case-by-case basis, to transfer already existing email data to the Email Archiving service after purchase utilizing GoDaddy’s email ingestion services for additional cost.
Email Encryption: Email Encryption is an online email encryption service that offers policy-driven and user initiated encryption features for your Microsoft Office 365 email account(s). By purchasing Email Encryption, you agree that your use is subject to the Proofpoint Essentials End User License Agreement.
Important Limitations Regarding Activation: It is your right to determine which email accounts you will associate with which domain names you have registered. You can also determine which domains will be part of the same o365 organization/tenant. However, you may only activate Email Encryption and Email Archiving services if you purchase encryption and/or archiving services for each and every individual email account you have associated with each domain within a o365 organization/tenant. If you do not purchase Email Encryption and/or Email Archiving for each email account you have associated with each domain within your o365 organization/tenant, activation will fail and you will not be able to utilize encryption or archiving for any email account until it is added to each associated email account.
License Terms and Updates: 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 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.
Additionally, GoDaddy reserves the right to audit (at least once annually) the total number of Microsoft Office 365 email accounts using the Email Archiving or Encryption Services throughout the term of the Agreement. In the event that the total number of Microsoft Office 365 email accounts using the Email Archiving or Encryption Services exceed the number of licensed accounts, GoDaddy will invoice User for the difference.
3. OFFICE 365 EMAIL BACKUP
Office 365 Email Backup is a cloud-to-cloud Office 365 Exchange backup service. It offers easy setup, fast search, one-click restore, and unlimited backup and retention to protect your emails, attachments, folders, calendars, contacts, tasks, notes, and journals. Customers can easily restore items individually, in bulk - or even an entire mailbox. Office 365 Email Backup automatically copies GoDaddy customer Exchange data throughout the day and stores the data in Microsoft Azure data centers. A customer can access the backups via a password-protected portal and restore data themselves. Please contract GoDaddy customer support directly for any issues.
Your use of Office 365 Email Backup is further subject to the following terms and conditions:
(i) you hereby agree to accept SkyKick’s Customer Terms & Conditions;
(ii) you agree to receive communications from SkyKick (via email or other means) regarding SkyKick’s performance of the backup-related services;
(iii) Office 365 Email Backup will back up Your Data on a regular basis and store it securely in encrypted form on an online storage space provided by reputable third party storage providers (currently by Microsoft Azure). Once the backup process is completed, you will be able to monitor and restore the Data using the Self-Service Portal located here
(iv) Other than for performing the Office 365 Email Backup, for routine maintenance, troubleshooting and for other services with your consent, and subject to applicable law, SkyKick and GoDaddy will not access Your Data without Your permission, and Your Data will be decrypted only per your authorization when you view or restore such Data. Raising a support ticket will implicitly constitute as giving SkyKick and GoDaddy consent to access your data.
4. ADD ON PRODUCTS
You may be offered add on products for use with the Products. You agree that if you use the Migration Wiz product, your use is subject to the Migration Wiz terms, located here, which are hereby incorporated by reference.
5. USER-INITIATED CANCELLATION 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.
6. INDEPENDENT COVENANTS; SEVERABILITY
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.
7. 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.