This SmartSpace End User License 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 made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of GoDaddy 's SmartSpace Service ("Service") and represents the entire Agreement between You and GoDaddy. By using GoDaddy 's SmartSpace, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which GoDaddy may establish from time to time. Such Agreements may be found here.
1. Application and Service Details
GoDaddy grants You a non-exclusive license to use the Service for the purpose of personalizing Your web site. You may customize or modify the appearance of Your website as provided and allowed by the instructions and this Agreement. You may not otherwise alter or modify the application, the Services or any content provided by the Service. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. You are not authorized to combine the Service with any other software program or applications, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Service other than those provided with the Service. The Services may not be transferred or assigned in any way. The RSS Feeds, chat application and API's used in the Service may not be modified, distributed or shared in any way. The RSS Feeds, chat application and API's used in the Service are subject to termination at anytime.
Web Site Hosting Services
You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by GoDaddy. You affirmatively acknowledge GoDaddy is relying on Your representation concerning Your proper use of all content on any web site You create or control.
You acknowledge You are bound by the GoDaddy Web Hosting and Virtual Private Hosting Service Agreement ("Hosting Service Agreement") for the hosting of Your website, which is hereby incorporated by reference. You agree to be bound by the terms and conditions, and all policies and procedures referenced in the Hosting Service Agreement, which can be found here.
The Service is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, GoDaddy explicitly reserves the right to terminate Your license if it comes to GoDaddy's attention You are using the Service to participate in objectionable activities, which include, but are not limited to, the following:
- sending unsolicited email or spam;
- 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 live or access the Internet;
- activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
- activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
- activities designed to impersonate the identity of a third party; or
- activities designed to harm minors in any way.
2. GoDaddy 's Rights
All rights to the Service, web site templates, forms, and documentation are retained by the copyright owner. You are entitled to use this Service, the applications, web templates, forms and documentation to build web sites and post them to the Internet. The Service, the resulting web sites and any copies You are authorized to make are the intellectual property of the copyright owner. The source code and its organization and the Service is protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in the Service and all rights are reserved by the copyright owner.
GoDaddy expressly reserves the right to:
- Censor any web site hosted on its servers that, in the Company's sole opinion, is deemed inappropriate;
- Review every Web Hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels;
- Modify pricing through email notification;
- Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that GoDaddy determines to be harmful to subscribers, operations, its reputation, or otherwise; or
- Terminate Your license 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, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit.
The decision to terminate Your license shall be made solely by GoDaddy, and in so doing, GoDaddy shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.