This Power Content Service Hosting Agreement ("Agreement") is by and between GoDaddy.com, LLC ("GoDaddy"), a Delaware limited liability company, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of GoDaddy's Power Content Service Hosting services (collectively, the "Services") and represents the entire agreement between You and GoDaddy. By using the Services, You acknowledge 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, including the Universal Terms of Service which GoDaddy may establish from time to time. 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. You acknowledge GoDaddy's acceptance of any application made by You for services provided by GoDaddy will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.
1. hosting services
Description of Service
GoDaddy currently provides the Services to its customers for a monthly fee. GoDaddy will host Your web site on GoDaddy's servers, provided, however, You abide by the terms and conditions set forth herein and in each of GoDaddy's policies and procedures here.
The following additional conditions apply to the Services:
- Administrative access to the Hosting account associated with the Services will be unavailable to You during times when Design Team staff are:
- building the initial web site, and
- performing any web site updates after the site is published;
- There will be no FTP access to the Hosting account associated with the Services. You may access select folders for the Hosting account associated with the Services via the File Manager function within the Hosting Control Center;
- The Hosting account associated with the Services will include Administrative functionality that will allow You to manage some Web site content, but will not allow You to reconfigure settings or add new functionality;
- The Hosting account associated with the Services will be used for temporary storage of copies of the site during site development and subsequent updates, for development and staging (site previews);
- GoDaddy reserves the right to modify the administrative software installed on the Hosting account associated with the Services.
License of Your Web Site Content
GoDaddy grants to You, and You accept from GoDaddy, a non-exclusive, worldwide and royalty free license to display, use and transmit on and via the Internet Your web site content in connection with GoDaddy's performance or enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, GoDaddy shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that GoDaddy may undertake from time to time; or (c) 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 agree GoDaddy has no control of availability of the Services on a continuous or uninterrupted basis.
Service Availability Guarantee
GoDaddy offers a service uptime guarantee for the Services of ninety-nine point nine percent (99.9%) ("Service Uptime") of available time. If GoDaddy fails to maintain this level of service availability, You may contact GoDaddy and request a credit of five percent (5%) of Your monthly hosting fee from GoDaddy for that month. The credit may be used only for the purchase of further products and services from GoDaddy, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:
- periodic scheduled maintenance or repairs GoDaddy may undertake from time to time;
- errors caused by You from custom scripting or coding;
- outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
- causes beyond the control of GoDaddy or that are not reasonably foreseeable by GoDaddy ; and
- outages related to the reliability of certain programming environments.
Total Service Uptime shall be solely determined by GoDaddy and shall be calculated on a monthly basis.
Web Site Content
You shall be solely responsible for the content of Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. Notwithstanding anything in this Agreement to the contrary, in no event shall Your web site consist of pages containing any of the following types of content:
- pornographic, obscene or excessively profane content;
- content intended to advocate or advance computer hacking or cracking;
- illegal activity;
- drug paraphernalia; or
- hate, violence or racial or ethnic intolerance.
Any SSL certificate You purchase from GoDaddy or its affiliates to use in conjunction with the Services provided by GoDaddy, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by GoDaddy, GoDaddy will generate and securely store a corresponding private key.
For security reasons, at no time will GoDaddy release Your private key, even if You request. If You wish to export Your SSL certificate for use on a non- GoDaddy server, You will need to make a request to GoDaddy no earlier than thirty (30) days after Your initial SSL subscription began. After Your account with GoDaddy has been cancelled, You will have thirty (30) days to follow the Starfield Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.
Information Shared with Partners
As a condition of purchasing and using the Services, You acknowledge and agree GoDaddy may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.
2. your obligations
Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to access Your account manager and manually turn off the default renewal and Your failure to access Your account manager and manually select to renew on a month-to-month basis shall be deemed acceptance of the renewal term.
You represent and warrant to GoDaddy that:
- Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;
- infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and
- You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site.
You also warrant the web site being hosted by GoDaddy will not be used in connection with any illegal activity. If You are hosting Your web site on GoDaddy's servers, You are responsible for ensuring there is no excessive overloading on GoDaddy's DNS or servers. In the event You exceed Your allotted bandwidth or disk space and thereby overload GoDaddy's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use GoDaddy's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and GoDaddy reserves the right to remove sites containing information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. GoDaddy prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by GoDaddy. You agree GoDaddy reserves the right to remove Your web site temporarily or permanently from its servers if GoDaddy is the recipient of activities that threaten the stability of its network. Further, if You are using ad-supported hosting, You acknowledge and agree GoDaddy has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:
- disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, GoDaddy, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than GoDaddy's standard SMTP relay limit;
- disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
- create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
- export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
- interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
- disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
- engage in any other activity deemed by GoDaddy to be in conflict with the spirit or intent of this Agreement or any GoDaddy policy; or
- use Your server as an "open relay" or similar purposes.
GoDaddy prohibits the running of a public recursive DNS service on any GoDaddy server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. GoDaddy actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:
- ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on GoDaddy servers; and
- ensure the confidentiality of Your password.
GoDaddy's shared hosting servers are 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. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. GoDaddy shall have no liability to You or any other person for Your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in GoDaddy's sole discretion, that shall impair the functioning or operation of GoDaddy's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as:
- a repository or instrument for placing or storing archived files; and/or
- placing or storing material that can be downloaded through other web sites.
You acknowledge and agree GoDaddy has the right to carry out a forensics examination in the event of a compromise to Your server or account.
In the event You terminate, moving Your files off of the GoDaddy shared hosting servers is Your responsibility. GoDaddy will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, GoDaddy will not transfer or manage Your Services or Your web site content.
3. GoDaddy 's rights
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 for use of the Services to unnecessarily or illegally harass GoDaddy or third parties, 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 at any time and for any reason if deemed reasonably necessary by GoDaddy.
GoDaddy has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.
Additionally, in the event You elect to seek assistance from GoDaddy in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant You have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless GoDaddy and its employees, officers and directors for, from and against any and all claims brought against GoDaddy and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party's rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by GoDaddy in connection with any such claims.