PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This GoDaddy Email Encryption 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 Email Encryption services (“Email Encryption” 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 (i) GoDaddy’s Universal Terms of Service, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Email Encryption landing page of the GoDaddy website (this “Site”), both (i) and (ii) of which are 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 and/or uses the Services. Unless otherwise specifically provided in this Agreement, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) 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 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 shopper account (“Shopper 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.2.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
GoDaddy Email Encryption is an online email encryption service that offers policy-driven and user initiated encryption features for your Microsoft Office 365 email account(s).
Subject to the terms and conditions of this Agreement, to the extent any APIs (including any data collection agent) or other software (collectively “Software”) is provided to You in connection with the Services, and subject to the payment of all Services fees due hereunder, GoDaddy grants to You a revocable, non-exclusive, non-assignable, non-transferable, and non-sublicensable limited right and license during the term of this Agreement to download, install and use the Software, including any updates and/or modifications thereto (“Updates”), and any accompanying documentation, solely in connection with the applicable Services, and only by authorized end users. User shall be solely responsible for the installation and use of the Software, and GoDaddy shall have no obligation or responsibility with respect thereto. You will comply with all applicable laws and regulations in your use of and access to the Services.
GoDaddy reserves the right to modify or discontinue any feature or functionality of the Services, in whole or in part at any time. User understands that the Services may be unavailable at times due to regularly scheduled maintenance. GoDaddy shall use commercially reasonable efforts to schedule this maintenance during night, weekends or off-peak periods.
GoDaddy may (but is not obligated to) periodically provide Updates, which must be installed by Licensee for its continued use of the Software and applicable Services. For clarity, any and all Updates shall be included in the definition of “Software” under the Terms.3. INTELLECTUAL PROPERTY
Except for the express rights and licenses granted hereunder, GoDaddy and/or its suppliers reserve all rights, title and interests in and to the Services and the Software. User acknowledges that the Services and Software, and their respective structures, organization, and source code constitute valuable trade secrets of GoDaddy and/or its suppliers. Except as expressly permitted, User agrees that User shall not, and shall not permit any third party, to (i) modify, adapt, alter, translate, or create derivative works from the Services, the Software or the documentation; (ii) merge the Services or the Software with other software; (iii) resell, or export, except as provided herein, sell, provide for service bureau use, lease, rent, loan, or otherwise transfer the Services, the Software or the documentation to any third party; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or the Software; (v) remove or alter any copyright notices or other notices included in the Services or the Software; or (vi) otherwise use or copy the Services or the Software, except as expressly permitted. Without limiting the foregoing, the restrictions on use of the Services and the Software set forth in this Section shall apply to any Services or Software supplied to GoDaddy by its suppliers.
GoDaddy and/or its suppliers does not grant and User acknowledges that it shall have no right, license or interest in any of the patents, copyrights, trademarks, or trade secrets owned, used or claimed now or in the future by GoDaddy or its suppliers. All applicable rights to such patents, copyrights, trademarks, trade secrets are and will remain the exclusive property of GoDaddy or its suppliers. No title to or ownership of the intellectual property contained in the Services, the Software, or any part of the Services or the Software, as well as all enhancements, updates, modifications, local versions or any derivatives of the Services or the Software, and all intellectual property and proprietary rights therein shall remain GoDaddy or its suppliers property. User shall not delete or alter any GoDaddy or GoDaddy supplier trade names, trademarks or other insignia which are affixed to the Service or the Software or related documentation. User shall promptly notify GoDaddy of any claims with respect to the license or use of the Services or the Software, or to any alleged intellectual property infringement.4. USE OF INFORMATION
All technical or business information (“Information”) furnished to User under this Agreement is the property of GoDaddy or its suppliers and (i) shall be used by User only in connection with the Services or the Software obtained under this Agreement; (ii) shall not be reproduced or copied, in whole or in part, except as necessary for use as authorized under the Agreement; (iii) shall together with any copies, be returned or destroyed when no longer needed or authorized for use.5. USE OF SERVICES
You understand and agree that, once you cancel your account, you will no longer have access to your content and that it may be permanently removed from the Services.
You further understand and agree that it is your responsibility to export, copy or otherwise collect any desired content from the service before canceling your account.8. EMAIL MESSAGES AND ALERTS
We will occasionally send you email messages including but not limited to automatic and maintenance alerts, newsletters, surveys, support notices and voluntary account related alerts.
If your email address changes, you are responsible for informing us of this change to ensure that we can effectively deliver these messages to you.
Some of the voluntary account related alerts are turned on by default as part of the service. We may introduce new alerts or cease to provide certain alerts at our sole discretion.9. INDEMNITY
User shall defend, indemnify and hold GoDaddy and its suppliers and service providers harmless from and against any liabilities, claims, suits, damages and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of (i) User’s use of the Services or the Software; (ii) the failure of User to comply with all applicable laws, rules, and/or regulations regarding the Services or the Software; (iii) the failure of User to comply with the terms and conditions of this Agreement; or (iv) any negligent act or omission of the User.10. DISCLAIMER OF WARRANTIES
USER ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED TO USER WITH RESPECT TO ANY SERVICES OR SOFTWARE. THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND GoDaddy OR ITS SUPPLIER DISCLAIMS ANY AND ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. GoDaddy DOES NOT WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE. GoDaddy or its suppliers are not responsible for any loss of data or for any data breach or security breach.
User has taken this disclaimer of warranties into account in its decision to acquire the right or license to use the Services or the Software, as applicable, and agrees that such disclaimer is fair and reasonable in light of the terms of this Agreement, including the Services fees, taken as a whole.11. AUDIT RIGHTS
GoDaddy reserves the right to audit (at least once annually) the total number of Microsoft Office 365 email accounts using the Email Encryption Service throughout the term of the Agreement. In the event that the total number of Microsoft Office 365 email accounts using the Email Encryption Service exceeds the number of licensed accounts, GoDaddy will invoice User for the difference.12. OTHER GoDaddy PRODUCTS AND SERVICES
If you purchase Email Encryption, your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the product-level agreements for any other GoDaddy products and services included with Email Encryption if applicable.13. 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.14. 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.