Last Revised: April 13, 2012
This Parked Page Service Agreement ("Agreement") is by and between GoDaddy.com, LLC ("GoDaddy") a Delaware limited liability company and you, your heirs, agents, successors and assigns ("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 Parked Page Service, which includes, but is not limited to, the monetization of pages parked on GoDaddy nameservers, One Page Web Site and Domain For Sale (all parked pages, collectively, the "Parked Pages"), 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, including our dispute policy, 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. fees and renewals
If You received GoDaddy's Domain for Sale service free as part of a package when You purchased a domain name, You are not required to pay GoDaddy any extra fees for the service. Your service will last as long as Your domain is registered with us, unless You notify us that You would like the service terminated. You can log onto Your Account Manager to cancel Your service at any time.
If You purchased GoDaddy's Domain for Sale service separately, or You purchased a One Page Web Site, as consideration for the services provided to You by GoDaddy, You agree to pay GoDaddy an annual fee. Your annual billing date will be determined based on the month You establish Your Parked Page with GoDaddy. Payment is to be made by You by providing either a valid credit card, an online check, Go Daddy Gift Card, PayPal, or using "Good As Gold" to establish a cash reserve for charge by GoDaddy (collectively, the "Payment Method"). If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason GoDaddy is unable to charge Your Payment Method for the full amount owed GoDaddy for the service provided, or if GoDaddy is charged a penalty for any fee it previously charged to your Payment Method, You agree that GoDaddy may pursue all available remedies in order to obtain payment. You agree that among the remedies GoDaddy may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of Your service. GoDaddy reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager.
You agree that You will be responsible for notifying GoDaddy should you desire to terminate Your use of any of GoDaddy's Parked Page Services, including, but not limited to, those You have purchased. Notification of Your intent to terminate a Parked Page must be provided to GoDaddy no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, GoDaddy will automatically continue Your Parked Page service indefinitely and will charge the Payment Method You have on file with GoDaddy, at GoDaddy's then current rates. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if You are using a credit card. In the event You terminate a One Page Web Site, moving Your web site off of the GoDaddy hosting servers will be Your responsibility. GoDaddy will not transfer or FTP Your web site to another provider.
2. description of service
GoDaddy currently provides One Page Web Sites and Domains for Sale to its customers, as well as monetizing other Parked Pages. GoDaddy will provide You with these services as long as You abide by the terms and conditions set forth herein and in each of GoDaddy's policies and procedures found here.
If You are using any of GoDaddy's Parked Pages services, You agree that GoDaddy may point the domain name or DNS to one of GoDaddy's or GoDaddy's affiliates web pages, and that they may place advertising on Your web page and GoDaddy specifically reserves this right.
If You are using GoDaddy's One Page Web Site, You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements not provided by GoDaddy. In order to use GoDaddy's One Page Web Site, You must have a domain name registered with GoDaddy. GoDaddy is not responsible for making back-up copies of Your web site; this is solely Your responsibility.
If Your One Page Web Site includes GIF images and You are not using GoDaddy's WebSite Complete software, You must ensure that Your GIF images are licensed with Unisys or were created with Unisys Authorized Software.
3. Your Obligations
You agree You have provided accurate, current and complete information in the application and/or registration process and You will 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, will 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 Your information is inaccurate, not current, false, misleading or incomplete, GoDaddy has the absolute right, in its sole discretion, to terminate its Parked Page services and close Your account.
You warrant each application You make is being done so in good faith and You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant the web site being hosted by GoDaddy will not be used in connection with any illegal activity.
GoDaddy may provide you with reports detailing information related to clicks or impressions your website generates. In the event such data is provided, you agree not to disclose such data, except to employees or agents who need to know and who have agreed in writing to keep it confidential.
4. GoDaddy 's rights
GoDaddy provides its Parked Page services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. Further, the services provided, including, but not limited to, the advertisements, shall be based upon the content of Your web site and may include, but are not limited to, advertisements of Your competitors. GoDaddy explicitly reserves the right and sole discretion to:
a. Censor any web site hosted on its Parked Page servers that, in GoDaddy's sole discretion, is deemed inappropriate;
b. Review every Parked Page for excessive space and bandwidth utilization disrupting the normal use of the system or consuming excessive amounts of memory or CPU and to terminate or apply additional fees to those accounts exceeding allowed levels;
c. Modify its pricing through email notification;
d. Terminate Your Parked Page service for unsolicited, commercial e-mailing (i.e., Spam), using internal or external mail servers, illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, non-payment of Parked Page fees, and other activities whether lawful or unlawful GoDaddy determines to be harmful to its other customers, operations, or reputation;
e. Terminate Your Parked Page service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against You and/or 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; and
f. Terminate Your Parked Page service if You violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute.
You agree to indemnify and hold harmless GoDaddy for any complications arising out of Your use of GoDaddy's Parked Page services, including, but not limited to, actions GoDaddy chooses to take to remedy Your improper or illegal use of a web site hosted by GoDaddy. You agree You will not be entitled to a refund of any fees paid to GoDaddy if, for any reason, GoDaddy takes corrective action with respect to Your improper or illegal use of its Parked Page services.
5. dispute resolution policy
You agree to be bound by GoDaddy's current Dispute Resolution Policy found herein .
You agree that if a dispute arises as a result of one (1) or more Parked Pages, You will indemnify, defend and hold GoDaddy harmless for damages arising out of such dispute. You also agree that if GoDaddy is notified a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by GoDaddy, that GoDaddy, in its sole discretion, may take whatever action GoDaddy deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.