Email Archiving Agreement
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Email Archiving Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company 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 Archiving services (“Email Archiving” 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 Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Email Archiving 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.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 SERVICESGoDaddy Email Archiving is an online Email Archiving service which allows you to store and retrieve your emails. If you wish to transfer existing email data to the online Email Archiving service which was created prior to you entering into this Agreement (“Legacy Data”), GoDaddy offers email ingestion services for Legacy Data on a case by case basis.
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 PROPERTYExcept 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 supplie