GoDaddy - EMAIL SERVICES AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This GoDaddy Email Services Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company.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 the GoDaddy Email Services (as defined in Section 2 below).

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, 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 your use of the Email Services 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 Email Services. 

IN ADDTION, GoDaddy RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF EMAIL SERVICES, INCLUDING WITHOUT LIMITATION FEATURES, PRICES AND FEES FOR THE SAME, AT ANY TIME.

Professional Email. We offer a variety of Services in our Professional Email suite of products, including without limitation Email, Online Calendar and other related services we may offer from time to time (“Email Services”). All of these Email Services are available for purchase, and some are occasionally included for free with the purchase of other products subject to the terms disclosed at the time of signup

Free Services. Free Email Services may offer fewer features than the paid versions. Regardless of whether you pay for your use or receive the Email Services for free, your use of each of these Email Services is subject to both the general provisions of this Agreement and the provisions specific to whichever Email Service(s) you use.

Excessive Account Usage. If your account usage for any Email Service exceeds your plan-specific limits disclosed to you at the time of signup, you must either (i) upgrade to a plan that sufficiently meets your account usage, or (ii) reduce your account usage so that it remains within your plan. Should you fail to take one of these two actions, we reserve the right to (a) limit the features and the functionality of the Email Services (b) charge additional usage fees to your account or (c) terminate your account. Account usage determinations shall be made by us in our sole and absolute discretion. Unless otherwise specified, unused monthly allotments will not accrue or carry over from month to month.

Data Retention. The Email Services are not intended for archival purposes. You are solely responsible for maintaining independent back-up copies of your emails, files, distribution lists and other content. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, files, distribution lists or any other content.

Other Restrictions. You acknowledge and agree that you will not use any of the Email Services to (i) send high-volume, mass or bulk emails, (ii) store audio or video files (or other large files or media not intended for emailing), (iii) back up a hosting account, or (iv) any other uses in violation of our policies, as may be updated from time to time. We may block, suspend or terminate any Email Services if you or your account is in violation of this Agreement.

Local Language Limitations. Email Services do not support all local languages. If a local language is not supported, then the product will default to English only

Core Email Services. Our Email Services provide you with the ability to send and receive electronic mail via the Internet using a personal email address linked to your domain name. In order to use our Email Services, you must (i) register a domain name, (ii) provide all equipment necessary to establish a connection to the Internet, and (iii) provide your own connection to the Internet.

Plan Limits. You acknowledge and agree that our Email Services are offered with different plan levels or limits including without limitation the plan limits set forth below, those we may impose from time to time in the prevention of abuse and other limits that 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, and (viii) the email storage limit or quota or (ix) such other items as we may specify.

Spam and Virus Protection. Our Email Services include 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 Email Services’ 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 we 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.

We and our third-party providers make no representations or warranties about any third-party software offered in connection with the Email Services, and expressly disclaim any liability, damages, whether direct, indirect or consequential, or responsibility regarding the same. We, and not our third-party provider will provide technical support for the software.

You acknowledge and agree that we will automatically add necessary DNS records (including but not limited to SRV, MX, CNAME and TXT records,) to your domain if it is registered with GoDaddy, in order to ensure the proper functionality of your email product. You may manage these records through your DNS control panel. Such records may be removed when the last email address associated with the domain name is removed or when the domain name is transferred.

Core Email Services. Online Calendar provides you with calendar services suitable for both single and multiple users, in home and work environments. Online Calendar generally allows you to (i) create and maintain personal and group calendars, (ii) schedule events, and invite others to events, and (iii) check user availability. Please note that Online Calendar is available via the CalDAV protocol. Accordingly, if the CalDAV protocol is not native to your Third-Party Client, as defined below, you will need to install an application that supports CalDAV to use this feature. If such an application is not available for your Third-Party Client, you will not be able to synchronize Online Calendar across platforms.

As part of the Email Service, you may use certain tools or software developed, owned, or licensed by a third-party. Your use of these tools or software may be subject to additional terms. If the tools or software are accompanied by or require a license agreement from the third-party provider, your use is subject to that license agreement, in addition to (not in lieu of) this Agreement.

We may reference or provide access to third-party services, products, and promotions that utilize, integrate, or provide ancillary services to the Email Services (“Third-Party Services”). These Third-Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for you. You access and use any Third-Party Service based on your own evaluation and at your own risk. You understand that your use of any Third-Party Service is not governed by this Agreement. If you decide to use a Third-Party Service, you will be responsible for reviewing, understanding and accepting the terms and conditions associated with its use.

Your use of Email Services provided by Titan Solution Ltd SEZC (“Titan”) is subject to the Titan End User Agreement which is hereby incorporated by reference. For clarity, such Email Services are considered Third-Party Services hereunder.

We expressly disclaim all responsibility and liability for your use of any Third-Party Service. Please also remember that when you use a Third-Party Service, our Privacy Policy is no longer in effect. Your use of a Third-Party Service, including those that have a link on our website, is subject to that Third-Party Service’s own terms of use and privacy policies. We will share your information with trusted third-party service providers as necessary for them to perform services on our behalf including processing credit card payments, security, risk management and compliance and identity verification.

Neither GoDaddy nor any third-party providers make any representations or warranties about any tools or software offered in connection with the Email Services and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the tools or software. You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not GoDaddy.

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.