GoDaddy - Website Design Services Agreement
The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Website Design Services Agreement (this “Service Agreement”) governs your use of GoDaddy's Website Design Services. Capitalized terms used in this Service Agreement, but not defined, are defined in the Universal Terms of Service Agreement.
DESCRIPTION OF SERVICES
We offer a variety of Website Design Services (“WDS”) plans, which may include the following features (as set forth during your purchase):
- Website Design
- Starter WordPress Design includes your choice of pre-designed elements, one (1) round of revisions (revisions not to include new content past plan allowance). Once the site has completed the initial revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Website Care and only if deemed within WDS’ scope of support for Starter WordPress Design.
- Standard WordPress Website Design includes your choice of pre-designed elements, up to four (4) site pages, and one (1) revision after your site is completed (revisions not to include new content past plan allowance). Once the site has completed the revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Website Care and only if deemed within WDS’ scope of support for WordPress Design.
- Premium WordPress Website Design includes your choice of pre-designed elements, up to ten (10) site pages, and one (1) revision after your site is completed (revisions not to include new content past plan allowance). Once the site has completed the revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Website Care and only if deemed within WDS’ scope of support for WordPress Design.
- Update Credits If your Website or Web Store requires more updates than what is included in your Design plan, additional time may be purchased separately (“Update Credits”). Once we receive your request for updates and all necessary materials or content, we will complete the requested updates and re-publish your site without further review. Unused Update Credits are non-refundable.
- Logo Design The Logo Design Service does not include the creation of a custom logo created from completely original elements outside of our current Logo Studio process. Purchase of the logo design service includes an initial interview (via online or by phone), presentation of one (1) initial designs, and one (1) rounds of requested revisions to the selected design. GoDaddy will charge a fee for additional designs/revisions requested by you. The amount of the fee will be communicated to you and is required to be paid prior to the start of work on additional revisions/designs.
- Rights in Logo Design: Notwithstanding anything to the contrary in this Service Agreement, with regard to the Logo Design Service only, and upon payment in full, you have ownership of the Logo Design provided to you for use in any manner you deem appropriate. You acknowledge that your ownership rights under this Service Agreement is limited to the final Logo Design provided to you by us, and that you have no ownership interest in any trademarks or service marks contained in or made a part of the final Logo Design, to include any original graphical element from our Logo Design Studio (collectively, “GoDaddy Pre-Existing IP”), conveys and that we expressly reserve all right, title and interest in and to the same. Notwithstanding, we hereby grant you a worldwide, royalty-free, perpetual and irrevocable right and license to GoDaddy Pre-Existing IP contained in or made part of your Logo Design for use as contemplated by this Service Agreement. You hereby grant us a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works the Logo Design, in any form, media, or technology now known or later developed for promotional purposes of GoDaddy and/or our Logo Design Service.
- Disclaimers: You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final Logo Design. Accordingly, you are encouraged to perform your own independent searches with regard to the Logo Design. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state, federal, country or international intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Logo Design, nor shall we be responsible to assist in any way in your attempt to procure or perfect such rights in the Logo Design. You understand that it is your obligation alone to copyright the logo design and/or seek trademark protection to the extent you deem appropriate and/or necessary.
- Photo Shoot Services Photo Shoot services may include us sending out a freelance photographer, in your area, to take photographs of your business (on location) that can be used in the design of your website or other WSD Services. Photo Shoot services are only eligible for a refund if cancelled more than 48 hours before your scheduled photo shoot.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “GoDaddy Content” means any Content created or licensed by GoDaddy (including, without limitation, Content created for you or with your input). “Customer Content” means any Content that Account holders (including you) provide to be made available through the Services.
To the extent you request that we photograph, film and/or record you, we may do so and any such photos, videos or recordings will be considered GoDaddy Content and will be owned exclusively by GoDaddy. To the extent such photos, videos or recordings contain any third party’s name, image, likeness or voice, you represent and warrant that you will obtain all necessary permissions and releases from such third party. In the event you wish to use such photos, videos or recordings in connection with your business outside of the Services, upon your request, we may choose to grant you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and display certain of those photos, videos, or recordings subject to the payment of a fee.
- Website Design Services + Marketing Services Bundle Marketing Services Basic and Premium plans are available as a bundle with Website Design Services. The Marketing Services in these plans are non-refundable once usage occurs. When bundled, usage is defined by GoDaddy completing 1 or more requests or the site design is delivered. Service requests for Marketing Services Premium plans that are included in a bundle with Website Design Services will be closed without a refund after 6 weeks of no customer contact.
- Website Design
ACCOUNT TERMINATION; LIMITATIONS
- 主机中断。我们不对 WordPress 主机账户造成的网站中断负责。
商店产品目录。标准版商店设计套餐的上限为 1500 个产品。虽然尊享版商店设计的产品总数没有上限，但性能可能会因产品数量的不同而有所下降，具体取决于潜在的物理限制和实际限制，包括（但不限于）：系统体系结构、系统容量、系统负载、最终用户互联网连接，以及最终用户计算机配置。如果产品目录超过 3000 个产品，则您可能需要于每月支付额外的费用来获取额外的托管带宽。
设计服务限制。以下服务不包括在任何初始设计套餐中，但可作为更新单独购买：(i) 超出您适用的设计套餐中包含的修订服务范围的任何修订服务；(ii) 照片处理服务，例如从背景中抠图、添加阴影、清除图片上的灰尘和划痕、使图片大小一致，以及调整色阶/亮度以符合整体要求。不提供，亦不以更新形式提供以下照片处理服务：颜色校正或提高图片的分辨率。
- Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Website Design Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Website Design Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your account.
插件和附加组件。对于在初始构建期间或之后添加到您的网站上的任何 WordPress 第三方加载项或插件，我们概不负责进行维护。某些功能请求可能会要求客户必须购买付费插件，并且需要额外的更新时间来进行安装和设置。您全权负责确保您的附加组件或插件属于最新版本并且运行正常。
您在购买套餐后的六 (6) 个月内未能完成采访表或提交初始设计的内容。若在您取消服务时，我们尚未针对您的设计开展任何工作，您有资格获得您的套餐剩余时间的相关费用的部分退款。
- 所有服务的限制除了包含在通用服务条款第 5 条（一般行为规则），您确认并同意您不会以我们自行决定的方式使用任何服务：
• 展示或广告色情、X 级、淫秽或其他低俗材料、说明、图像、产品或服务（包括但不限于陪同或卖淫服务）；
- 所有服务的限制除了包含在通用服务条款第 5 条（一般行为规则），您确认并同意您不会以我们自行决定的方式使用任何服务：
For this section, “Design” includes the delivered product of the Website Design, Webstore Design, and Logo Design Services as described above.
By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.
Upon completion of your Design, we agree to transfer all rights and ownership of the Design to you. However, software and third-party content and programs are never transferred to you and remain under copyright of their respective owners. Further, ownership and copyright of all templates and themes available to us in creating your Design, including all applicable source code, remain with us and are not transferred to you.
Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.
The Services may include access to other of our products and services. If your Design plan includes an Email account and/or SSL Certificate, it will be your responsibility to setup those services.
If your Design plan includes an Online Store, we will set up that product for you as part of our Service. Your electronic acceptance of this Service Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Online Store/Quick Shopping Cart Agreement, which is incorporated herein by reference.
If your Design plan includes Search Engine Visibility, you may make a request in the Design Manager for us to set up that service for you in conjunction with your Design. If you make that request, then your electronic acceptance of this Service Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Marketing Services Agreement, which is incorporated herein by reference. To facilitate the set up of this additional service, you will be required to fill out an electronic worksheet providing the necessary information, setup and details for configuration before we can complete the set up. Our set up and configuration of these services will use one month (one 30-minute block) of the Maintenance included with your Design plan. Once set up and configured, continued monitoring of the Search Engine Visibility service will be your responsibility.
- 适用于所有图像/软件的条款和条件。您确认并同意，(i) 并未将图像/软件出售或分发给您；(ii) 您只可将图像/软件用于本服务；(iii) 您不可删除、修改或掩盖图像/软件上或其中包含的任何版权、商标或其他所有权标志；(iv) 您不可对图像/软件的源代码进行修改、反向工程、反译、反汇编、反编译，不可创建图像/软件源代码的衍生作品或尝试导出图像/软件的源代码。