Last Revised: February 24, 2012
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Hosted Exchange Email 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 Hosted Exchange Email services (“Hosted Exchange Email” 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 Hosted Exchange Email 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. 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.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
Hosted Exchange Email is an email productivity tool based on the Microsoft Exchange Server® platform that allows you to access and synchronize your email, contacts, calendars, and task management tools.
3. third-party software
As part of the Services, you may be allowed to use certain software or applications (individually and collectively, the “Software”) developed and owned by third-party providers as GoDaddy may contract with from time to time.
GoDaddy reserves the right to modify, change, or discontinue the Software at any time and you agree to cooperate in performing such steps as may be necessary to install any updates to the Software.
The Software is neither sold nor distributed to you and you may use the Software solely as part of the Services. You may not use the Software outside of the Services. GoDaddy may provide your personal information to third-party providers as required to provide the third-party Software.
You acknowledge and agree that your use of the Software is subject to GoDaddy’s agreement(s) with the third-party providers. In addition, if the Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Software is subject to such service or license agreement. You may not download, install, or use any Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement.
You may not remove, modify, or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Software. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.
GoDaddy and its third-party providers make no representations or warranties about any third-party Software offered in connection with the Services, and expressly disclaim any liability, damages, whether direct, indirect or consequential, or responsibility regarding the same.
4. SPAM and virus protection
Hosted Exchange Email includes spam and virus protection. All email sent to and from your email address will automatically be scanned to assist in preventing spam and/or viruses from being transmitted to and from your email program and computer system, and this feature cannot be disabled or configured by you. You acknowledge and agree that our spam and virus protection feature is not guaranteed to be one hundred percent (100%) effective or error-free and may delete email messages and/or attachments that you wish to send or receive, or allow the transmission of spam and/or viruses to and from your email program and computer system. You acknowledge and agree that GoDaddy shall have no liability to you or any third party with respect to our spam and virus protection feature, your failure to send or receive any email messages and/or attachments as a result thereof, or the transmission of spam and/or viruses to and from your email program and computer system.
5. Storage; data retention
Hosted Exchange Email is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. GoDaddy expressly disclaims any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
6. plan limits; ACCOUNT TERMINATION
GoDaddy reserves the right to freeze or terminate your access to Hosted Exchange Email, 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 Hosted Exchange Email may be offered with different plan levels or plan limits. These plan limits will be presented to you on the Hosted Exchange Email landing page of this Site, and may relate to (i) the number of recipients allowed per email message, (ii) the number of email messages allowed per day, (iii) the size of each email message and/or attachment, (iv) the number of contacts allowed per shared address list, (v) the number of contacts allowed per distribution list, (vi) the number of email messages allowed per minute, (vii) the number of devices allowed per account, or (viii) such other items as GoDaddy may specify. Additional information regarding the plan limits for Hosted Exchange Email may be found here. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by such plan limits.
If your account usage exceeds your plan-specific limits, you must either (i) upgrade 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.
You acknowledge and agree that you will not use Hosted Exchange Email (i) to back up a hosting account, (ii) to store audio or video files (or other large files or media not intended for emailing), (iii) to send high-volume, mass, or bulk emails, or (iv) for any other uses in violation of GoDaddy’s policies, as may be updated from time to time.
7. 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.
8. 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.