This CashParking Custom Header Design Service Agreement ("Agreement") is entered into by and between GoDaddy.com, LLC ("GoDaddy") a Delaware limited liability company and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of GoDaddy's CashParking Custom Header Design Service and its related services (collectively, the "Services") and represents the entire agreement between You and GoDaddy concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge 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 including, but not limited to, the Universal Terms of Service that GoDaddy may establish from time to time, in its sole discretion, and any agreements that GoDaddy is currently bound by or may become bound by in the future. Such Agreements may be found here. All GoDaddy policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.
1. Design Services
GoDaddy will create a custom header graphic tailored toward Your reasonable expectations. The custom header will be delivered as a static JPEG file 780 pixels wide and 60 pixels tall. Image dimensions are standard and may not be adjusted. The custom header image is photograph-based and does not include animation, illustration, hand-drawing, hand-coloring or custom logo design. The custom header may include up to one (1) line of text, up to twenty-five (25) characters. The Service will include an initial interview, presentation of one (1) initial design, and up to one (1) round of requested revisions to the design. If requested by You, the Service will also include recommended hexadecimal values for two (2) colors that complement the custom header. GoDaddy may request sample artwork, content or other material that You have indicated a desire to incorporate into the custom header design. All such material must be supplied in an electronic file format and transmitted to GoDaddy electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to GoDaddy's facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to GoDaddy's facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. GoDaddy is not responsible for delays in completion due to delays in the receipt of shipped items. GoDaddy, in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. GoDaddy will not begin construction of Your custom header until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. GoDaddy will not return any materials provided by You in the design process. Failure to provide such material within thirty (30) days from request will result in cancellation of Your work order. No credits or refunds will be given for such cancellation. GoDaddy will strive toward Your satisfaction, but does not guarantee all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Delivery of the custom header design via electronic file upload to Your GoDaddy Design Manager after the requested revision (if any) completes GoDaddy's obligations under this Agreement and releases GoDaddy from any obligation for further revisions or alterations. Requests for additional design compositions beyond the first one, or requests for additional design revisions beyond the first one, will result in additional hourly design fees based on the number of additional hours worked. If You cancel the custom header design service after work has commenced, You will incur a termination fee based on the number of hours invested in the custom header design service.
Optional Insertion Service
If You purchased the custom header for use in a GoDaddy CashParking account, You are responsible for uploading the image file to Your CashParking custom template and entering the hexadecimal color values in Your custom template, unless You opt in to the optional insertion service and provide insertion instructions. You will be given the opportunity to opt in to the insertion service in the Design Manager application, while Your CashParking Custom Header project is open. Should You opt in to the Insertion Service, You must use the provided worksheet to give GoDaddy instructions as to which domains You would like to use the CashParking Custom Header. You acknowledge and agree GoDaddy will insert the CashParking Custom Header and will enter the hexadecimal values into Your CashParking custom template according to Your instructions. You acknowledge and agree GoDaddy will associate this custom template with up to twenty (20) of Your CashParking Domains according to Your instructions.
You may cancel the insertion service at any time prior to the service being performed, by notifying GoDaddy via the Design Manager of Your desire to cancel the service.
Performing the insertion service according to Your instructions completes GoDaddy's obligations under this Agreement and releases GoDaddy from any obligation for further insertions, de-insertions or alterations, You may remove the CashParking Custom Header from Your parked domains at any time by logging into Your CashParking account and changing the template for those domains.
GoDaddy strives towards creating a custom header that meets Your expectations. However, GoDaddy does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service. Every step of the Service requires Your feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Service. GoDaddy is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback, including Your failure to initiate the process. Should You fail to initiate the creation process by not responding to the initial request for interview within thirty (30) days, Your account will be considered inactive and the Service will terminate. No refunds or credits will be given for termination due to Your failure to respond to the initial request for interview or any feedback requests. Should You delay feedback for more than thirty (30) days Your unfinished custom header may be archived and will require additional activation fees to recover. GoDaddy reserves the right to refuse any direction to create a custom header that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that GoDaddy, in its sole discretion, decides. GoDaddy has the right, but not the obligation, to back up or archive Your custom header before delivery. The Services, the resulting product and all copies belong to Starfield Technologies, LLC ("Starfield"). The Services, the resulting product and all copies are copyrighted and are protected by United States copyright laws and international treaty provisions with all rights reserved. Upon final delivery of the custom header design, Starfield grants You an all rights, titles and interest in the custom header and any products resulting from the purchase of the Services. Except as explicitly granted herein, GoDaddy does not grant any express or implied right to You under GoDaddy patents, copyrights, trademarks, or trade secret information. GoDaddy may display the resulting product as-is or with alterations online, in marketing materials or in other manners in GoDaddy's sole discretion.
3. maintenance and alterations after delivery
The Services are for the initial creation of a custom header only and do not include routine maintenance or major alterations.
4. availability of services
Subject to the terms and conditions of this Agreement and each of GoDaddy's policies and procedures, GoDaddy shall use commercially reasonable efforts to attempt to provide the Services on Monday - Friday, 9am - 5pm MST basis, excluding holidays, throughout the term of this Agreement. You acknowledge and agree that from time to time the Services 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 reasonable 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 GoDaddy has no control over the availability of the Services on a continuous or uninterrupted basis.
5. your obligations
By using the Services, You agree You are age eighteen (18) or over. The Service is available only to persons who can make legally binding contracts under applicable law. You agree to provide a valid email address to receive information, questions and the final approved custom header design. You agree You have the appropriate rights or licenses in all custom headers, trademarks or intellectual property supplied by You. You agree all requests shall be reasonable in nature and within the scope of the Service as advertised. You also agree to respond to any requests for feedback within fourteen (14) days. Failure to respond within thirty (30) days shall result in a non-refundable cancellation of the Service.
6. GoDaddy 's rights and restrictions
GoDaddy explicitly reserves the right and sole discretion to:
- modify its pricing, if desired by GoDaddy ;
- establish limits and guidelines concerning the use of the Services;
- terminate Your use of the Services if You use the Services to unnecessarily or illegally harass, non-payment of fees for the Services, 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, racially, ethnically, or otherwise objectionable in the sole opinion of GoDaddy, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that GoDaddy determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
- terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against GoDaddy or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
- terminate Your use of the Services if You have not responded to requests for feedback.
If GoDaddy terminates Your use of the Services, GoDaddy may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. GoDaddy has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.