This End User License Agreement for The Big Send ("Agreement") is by and between GoDaddy.com, LLC ("GoDaddy"), a Delaware limited liability company and you, your heirs, assigns, agents and successors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of The Big Send service ("Service") and represents the entire agreement between You and GoDaddy. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which GoDaddy may establish from time to time, which include the Universal Terms of Service. Such Agreements may be found here. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with GoDaddy, whether or not the transactions were in Your behalf.
1. the service
GoDaddy currently provides the Service to its customers subject to the limitations provided in this Agreement and on it web site. GoDaddy shall provide You with the ability to use the Service, provided, however, You abide by the terms and conditions set forth herein and in each of GoDaddy 's policies and procedures, as may be amended by GoDaddy from time to time.
The Service allows You to: upload a file, subject to the limitations set forth in this Agreement and on the GoDaddy web site, and send emails to recipients with links which will allow the recipients to download the file. The links will be active for the time indicated on the GoDaddy web site, which may be amended from time to time at GoDaddy 's discretion. Use of the Service, including but not limited to size of files, number of recipients, type of content and frequency of use, is subject to the limitation set for in this Agreement and on the GoDaddy web site, which may be amended from time to time at GoDaddy 's discretion.
Availability of Services
Subject to the terms and conditions of this Agreement, GoDaddy shall use commercially reasonable efforts to provide the Service on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation:
- equipment malfunctions;
- periodic maintenance procedures or repairs that GoDaddy may undertake from time to time; or
- causes beyond the control of GoDaddy or that are not reasonably foreseeable by GoDaddy, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
YOU ACKNOWLEDGE AND AGREE THAT GoDaddy HAS NO CONTROL OVER AND HAS MADE NO REPRESENTATION OR WARRANTY ABOUT THE AVAILABILITY OF THE SERVICE ON A CONTINUOUS OR UNINTERRUPTED BASIS.
2. your obligations
You acknowledge and agree You shall not use the Service to send or upload the following types of information:
- personal information about minors without their parent's consent;
- pornography or nude pictures;
- tasteless images;
- excessively violent material;
- links to web sites containing the serial numbers for unlocking software illegally;
- pyramid schemes;
- chain letters;
- impersonations of another person;
- encouraging the use of a controlled substance;
- selling or promoting products that are unlawful in the location where the email is received;
- advocating, promoting, or encouraging violence against any person, organization, or the government; or
- links to web pages containing any of the aforementioned content.
You also acknowledge and agree You will not use the Service to send or upload any of the following:
- unsolicited, commercial e-mailing (e.g., spam, sending email to subscribers who have not "opted-in");
- software that provides illegal access to other computers or networks (e.g., hacking);
- internet viruses or similar destructive activities;
- information or activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
- information or activities prohibited by the laws of the United States and/or foreign territories in which You conduct business;
- information or activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
- information or activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, or racially, ethnically, or otherwise objectionable;
- information or activities designed to impersonate the identity of a third party;
- information and activities designed to harm minors in any way; and
- information or activities whether lawful or unlawful that GoDaddy determines in its sole discretion may be harmful to its other customers, operations, or reputation.
You acknowledge and agree You have provided accurate, current and complete information in the application process and that You shall notify GoDaddy within five (5) business days when any of the information You provided as part of the application process. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by GoDaddy to determine the validity of information provided by You, shall constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if GoDaddy has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, GoDaddy has the absolute right, in its sole discretion, to terminate this Agreement and/or the Service and close Your account.
By using the Services, You represent and warrant that You either own or have the right to send the information You upload, and that the email addresses You include are of persons who have granted You direct consent to receive email messages from You. You acknowledge and agree to comply with GoDaddy's Spam Policy , as well as the provisions of the Can-Spam Act of 2003.
GoDaddy recommends that You carefully consider whether the email You are sending out may be considered spam. Generally, if You are not sure that You have received someone's permission to send them email, then it is probably spam.
Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Service and all rights are reserved by GoDaddy. You acknowledge and agree the Service, the names and logos of GoDaddy and all related product and service names, design marks and slogans, are the sole and exclusive property of GoDaddy and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of GoDaddy, which may be withheld, conditioned or delayed in the sole and absolute discretion of GoDaddy.
Storage and Security
You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your use of the Service. You shall be solely responsible for undertaking measures to ensure the confidentiality of Your password. GoDaddy 's Service is not an archive and GoDaddy shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify GoDaddy, whereupon GoDaddy shall suspend access to the Service by use of such password and issue a replacement password to You or Your authorized representative. GoDaddy shall not be liable for any loss that You may incur as a result of someone else using Your password or the Service, either with or without Your knowledge and/or consent. However, You could be held liable for losses incurred by GoDaddy or another party due to someone else using the Service or password.
3. GoDaddy 's rights
GoDaddy explicitly reserves the right in its sole discretion to:
- modify its pricing through email notification;
- review Your use of the Service for excessive space and/or bandwidth utilization and to terminate this Agreement and Your use of the Service or apply additional fees if Your use exceeds allowed levels;
- establish limits and guidelines concerning the use of the Service, including but not limited to the maximum size of files sent through our servers and the maximum number of occasions that You may access our servers using the Service in any given period of time;
- terminate this Agreement and/or Your use of the Service for unsolicited, commercial e-mailing (e.g., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (e.g., hacking); distribution of Internet viruses or similar destructive activities; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, or racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that GoDaddy determines in its sole discretion may be harmful to its other customers, operations, or reputation;
- terminate this Agreement and/or Your use of the Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action against GoDaddy or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
- terminate this Agreement and/or Your use of the Service if You have not accessed or logged into it for ninety (90) days or more; and
- terminate this Agreement and/or Your use of the Service if GoDaddy decides to no longer provide the Service.
If GoDaddy terminates this Agreement or Your use of the Service, GoDaddy may, at its own option, remove and destroy data and files stored by You on GoDaddy's servers. GoDaddy has no obligation to monitor Your use of the Service, but reserves the right in its sole discretion to do so.
GoDaddy also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect GoDaddy's systems and customers, or to ensure the integrity and operation of GoDaddy's business and systems, GoDaddy may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
For every email You send out using the Service, You agree that GoDaddy may automatically attach a notice to it stating that the email was powered by the Service or a similar message.