Last Revised: November 10, 2011
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Site Analytics Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company (“GoDaddy”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of GoDaddy’s Site Analytics services (“Site Analytics” or the “Services”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with GoDaddy’s Universal Terms of Service Agreement, which is incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to GoDaddy. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
GoDaddy, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the GoDaddy website (this “Site”). You acknowledge and agree that (i) GoDaddy may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, GoDaddy may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. GoDaddy assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. description of services
Site Analytics provides you with traffic statistics related to your website. Site Analytics is a log file analysis service that accesses the web log files generated by the web server running your website.
With Site Analytics, you will be able to:
- Track website data by visitor count, visitor path, geographical data, day and time, referrers and error pages;
- Set up automatically generated emails to yourself containing reports from your website;
- Customize your reports by filtering out the information that you do not need;
- Create professional looking Word and .PDF documents;
- Generate error reports listing URLs that contain missing or incorrect URLs, and browser errors caused by your website; and
Site Analytics stores log files for six (6) months in the log file archive, which you may download freely and perform additional analysis on. It is your responsibility to download any log files that you wish to keep beyond six (6) months, since GoDaddy will delete them after six (6) months. Site Analytics stores detailed data for eighteen (18) months. It is your responsibility to save any detailed data that you wish to keep beyond eighteen (18) months, since GoDaddy will keep only summary data after eighteen (18) months. You should save detailed data outside the Site Analytics tool by utilizing its exporting functionality and/or scheduling functionality.
3. availability of services
Subject to the terms and conditions of this Agreement, GoDaddy shall attempt to provide Site Analytics twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that, from time to time, Site Analytics may be inaccessible or inoperable for any reason, including, without limitation:
- Service interruptions caused by you from custom scripting, coding, or configurations;
- Service interruptions caused by you from the installation of third-party applications;
- Service interruptions related to the reliability of certain programming environments;
- Service interruptions caused by periodic maintenance, repairs or replacements that GoDaddy may undertake from time to time; or
- Service interruptions beyond the reasonable control of GoDaddy or that are not reasonably foreseeable by GoDaddy, including, but not limited to, 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 Site Analytics on a continuous or uninterrupted basis.
4. page views; ACCOUNT TERMINATION
As with all Services, your privilege to use Site Analytics is dependent on your continued compliance with this Agreement, along with (i) the Universal Terms of Service Agreement, which is incorporated herein, and (ii) any and all User guidelines listed on this Site.
GoDaddy reserves the right to freeze or terminate your access to Site Analytics, or take any other measures deemed to be appropriate (as determined by GoDaddy in its sole and absolute discretion), at any time and without prior notice, to enforce this Agreement or to ensure the stability of its network.
You acknowledge and agree that each website included within the Services will be limited to 50 million page views per month. Unless otherwise specified, page views shall not accrue or carry over from month to month (or from website to website, if you have purchased a plan that provides for more than one website).
You acknowledge and agree that the Services may be offered with different plan levels or plan limits. You are responsible for monitoring and maintaining your Account within all applicable plan-specific limits. In addition, if your Account usage exceeds your plan-specific limits, you must either (i) upgrade your Account to a plan level that sufficiently meets your Account usage, or (ii) reduce your Account usage so that it remains within your plan level. Should you fail to take one of these two actions, GoDaddy reserves the right to (a) charge additional usage fees to your Account or (b) terminate your Account. Account usage determinations shall be made by GoDaddy in its sole and absolute discretion. Unless otherwise specified, unused monthly allotments shall not accrue or carry over from month to month.
5. titles and headings; independent covenants; severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
6. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.