This Contact Manager End User License Agreement ("Agreement") is by and between GoDaddy.com, LLC ("GoDaddy"), a Delaware limited liability company and you, and your heirs, assigns, agents and contractors (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 Contact Manager (the "Contact Manager") and represents the entire Agreement between You and GoDaddy concerning the subject matter hereof. By using GoDaddy's Contact Manager, You acknowledge and agree 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. Such agreements may be found here.
1. the service
GoDaddy currently provides the Contact Manager to its customers on a monthly subscription model based on volume. GoDaddy shall provide You with the ability to create, manage and maintain contact information and history, and access valuable data used to generate reports on campaign and contact activity; 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.
Availability of Services
Subject to the terms and conditions of this Agreement, GoDaddy shall use commercially reasonable efforts to provide Contact Manager 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 Contact Manager 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 GoDaddy HAS NO CONTROL OVER AND HAS MADE NO REPRESENTATION OR WARRANTY ABOUT THE AVAILABILITY OF THE EXPRESS EMAIL MARKETING SERVICES ON A CONTINUOUS OR UNINTERRUPTED BASIS.
2. your obligations
By using the Contact Manager, You acknowledge and agree You are age eighteen (18) years old or older. The Contact Manager are available only to persons who can enter into legally binding contracts under applicable law.
You acknowledge and agree You shall not use the Contact Manager 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 collect and/or store any of the following types of information:
- year of birth;
- social security numbers;
- driver's license numbers;
- credit card numbers;
- information obtained from consumer reports (contact credit history or credit scores);
- names, birth dates or any type of contact information for children who are under thirteen (13) years of age;
- any type of health information;
- Any type of information regarding specific video materials or services that have been requested or obtained by a particular individual.
GoDaddy may delete any information that is stored in violation of this Agreement or terminate Your account, at GoDaddy's sole discretion.
You acknowledge and agree You have provided accurate, current and complete information and You shall notify GoDaddy within five (5) business days when any of the information You provided as part of the application and/or registration process changes. 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 Contact Manager and close Your account.
GoDaddy recommends You carefully consider whether the email You are sending out may be considered spam. Generally, if You are not sure 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 Contact Manager and all rights are reserved by GoDaddy. You acknowledge and agree that the Contact Manager, 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
At all times, You shall bear full risk of loss and damage to Your Contact Manager. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that 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 Contact Manager. You shall be solely responsible for undertaking measures to:
- prevent any loss or damage to Your email lists;
- maintain independent archival and backup copies of Your email lists; and
- ensure the confidentiality of Your password.
GoDaddy's Contact Manager 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 Your Contact Manager 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 Contact Manager, 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 Your Contact Manager 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 Contact Manager for excessive space and bandwidth utilization and to terminate this Agreement and Your use of the Contact Manager or apply additional fees if Your use exceeds allowed levels;
- establish limits and guidelines concerning the use of the Contact Manager, including but not limited to the maximum number of contact records and the maximum number of occasions that You may access our servers using the Contact Manager in any given period of time;
- terminate this Agreement and/or Your use of the Contact Manager 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; non-payment of Contact Manager fees; 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 Contact Manager if Your use of the Contact Manager 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 if You violate these terms; and
- terminate this Agreement and/or Your use of the Contact Manager if You have not accessed or logged into it for ninety (90) days or more.
If GoDaddy terminates this Agreement or Your use of the Contact Manager, 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 Contact Manager, but reserves the right in its sole discretion to do so.