Last Revised: January 8, 2013

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

1. OVERVIEW

This Website Protection Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("Go Daddy") 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 Go Daddy’s Website Protection services (“Website Protection” 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) Go Daddy’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Website Protection landing page of the Go Daddy website or the Website Protection website (individually and collectively, this “Site”), both (i) and (ii) of which are incorporated herein by reference.   

The terms “we”, “us” or “our” shall refer to Go Daddy.  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) Go Daddy, 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, Go Daddy 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.  Go Daddy 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.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

Website Protection is a website vulnerability scanning service with verification seal that allows you to detect and correct vulnerabilities and/or security threats on your website.  Each day, Website Protection performs an automated vulnerability scan of your website using the Common Vulnerability Scoring System (“CVSS”), the industry standard for measuring and assessing the severity of Common Vulnerabilities and Exposures (“CVE”).  Each scan results in a scorecard that (i) categorizes each issue as “Critical”, “Warning”, “Informational” or “Malware”, (ii) offers an explanation of each issue, (iii) describes the location of each issue, and (iv) offers a suggested course of action.  Users can log into the online, interactive web portal to see each day’s scorecard, get more detailed information, report fixes, dispute issues, request help, add notes, and manage their email alert settings.  The Services may include access to telephone support, which will be provided 8:00 am to 5:00 pm MST, Monday through Friday, excluding holidays.

3. limitations on services; security

1. Vulnerability Scans.  Website Protection vulnerability scans only attempt to identify, report, and offer suggested courses of action for fixing vulnerabilities and/or security threats on your website.  While the scorecards may contain detailed courses of action if vulnerabilities and/or security threats are detected on your website, Website Protection does not and is not intended to prevent, remedy, or eliminate such vulnerabilities and/or security threats.  You are solely and ultimately responsible for securing and protecting your website.
2. Scan and Certify Process.  Upon subscribing to Website Protection, you will receive an automated daily vulnerability scan of your website.  All scan policies will be selected by Go Daddy, and you will not be permitted to customize the scan.  You may request that individual pages or folders be ignored by the vulnerabilty sanner.  If your website passes the scan, you will be permitted to display Go Daddy’s Website Protection seal on your website for a period of twenty-four (24) hours from the time of the scan. If your website fails the scan due to a “Critical”, “Warning” or “Informational” issue, you will be given seventy-two (72) hours to correct the “Critical”, “Warning” or “Informational” issue that caused the failed scan.  During this time, you will be permitted to continue displaying Go Daddy’s Website Protection seal on your website. However, if the “Critical”, “Warning” or “Informational” issue that caused the failed scan is not corrected within the seventy-two (72) hour period, Go Daddy will deactivate the Website Protection seal.  If your website fails the scan due to a “Malware” issue, Go Daddy will deactivate the Website Protection seal immediately, and the Website Protection seal will remain deactivated until the “Malware” issue that caused the failed scan is corrected. 
3. Restrictions on Displaying Website Protection Seal.  The Website Protection seal is a trademark owned by Go Daddy.  Go Daddy hereby licenses you to display the Website Protection seal without alterations of any kind only on websites that are actively being scanned by Website Protection and established under your account, and only in accordance with the terms and conditions set forth in this Agreement.  In addition, you may only display the Website Protection seal through the use of the source code provided by Go Daddy for the purposes of displaying the Website Protection seal.  The Website Protection seal shall at all times be served only from Go Daddy’s designated servers and remain under the full control of Go Daddy. Go Daddy shall have the right to discontinue this license of the Website Protection seal if your website fails to pass Go Daddy’s vulnerability scans in accordance with the scan and certify process outlined above. Should you discontinue the Services, this license will terminate immediately and you agree to immediately remove the Website Protection seal and all accompanying source code from your website.  
4. Security.  Go Daddy reminds you that your Website Protection account information is only as secure as you keep it.  You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your account password.  Go Daddy expressly disclaims any liability or responsibility for any loss or damage arising from or related to unauthorized use of or access to your account information.  

4. storage; data retention

Website Protection is not an archival service.  You are solely responsible for maintaining independent back-up copies of your customer scorecard information.  Go Daddy expressly disclaims any liability or responsibility for any loss, damage or destruction of your customer scorecard information or any other content. 

5. ACCOUNT TERMINATION

Go Daddy reserves the right to freeze or terminate your access to Website Protection, or take any other measures deemed to be appropriate (as determined by Go Daddy 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. 

6. disclaimer of representations and warranties; limitation of liability

In addition to the “Disclaimer of Representations and Warranties” and “Limitation of Liability” sections contained in the Universal Terms of Service Agreement, which is incorporated herein, you specifically acknowledge and agree that (i) Website Protection does not and is not intended to detect all website vulnerabilities and/or security threats, (ii) Website Protection does not and is not intended to prevent, remedy, or eliminate detected website vulnerabilities and/or security threats, and (iii) Go Daddy does not represent or warrant that any of its suggested courses of action for fixing website vulnerabilities and/or security threats will do the same.  Go Daddy, ITS OFFICERS, DIRECTORS, EMPLOYEES, and AGENTS expressly disclaim any liability or responsibility to you or any other person or entity for any loss or damage arising from or related to (i), (ii), and (iii) above, including ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

7. unpaid Services; paid services

The Services covered by this Agreement include both services that Go Daddy makes available free of charge (“Unpaid Services”) and services that Go Daddy makes available for a fee (“Paid Services”).  You acknowledge and agree that Unpaid Services may have fewer features and more limited functionality than Paid Services described in Section 2.  For example, the free malware scanner offered with various products includes a limited one page malware scanner.   

In the event that you purchase Paid Services (or upgrade from Unpaid Services to Paid Services), you agree to pay any fees required for such Paid Services in accordance with your applicable Services plan and the Universal Terms of Service Agreement.

8. trial Services

From time to time, Go Daddy may offer free trials of Paid Services (“Trial Services”) to customers for the purpose of letting customers experience Paid Services before committing to paying a fee.  You agree that you shall not (i) open more than one Trial Services account at the same time or (ii) open a new Trial Services account upon the expiration or termination of your original Trial Services account.  Go Daddy reserves the right to discontinue the offering of Trial Services at any time and without notice.

One type of Trial Services account requires payment information at the time of sign-up. This type of Trial Services account automatically converts to a Paid Services account at the end of the trial period (“Trial Period”). If you do not close your Trial Services account by the end of the Trial Period, monthly charges will apply.

Another type of Trial Services account requires no payment information at the time of sign-up. However, unless you convert your Trial Services account to a Paid Services account after the end of the Trial Period, Go Daddy reserves the right to discontinue your Trial Services account at such time and delete all your customer scorecard information and account information without notice.  Go Daddy expressly disclaims any liability or responsibility for any loss or damage arising from or related to its deletion of your customer scorecard information and account information.

In the event that you purchase Paid Services (or upgrade from Trial Services to Paid Services), you agree to pay any fees required for such Paid Services in accordance with your applicable Services plan and the Universal Terms of Service Agreement.

9. Beta Services

From time to time, Go Daddy may offer new Services (or new features to existing Services) in a pre-release version.  New Services that are offered in a pre-release version shall be known as “Beta Versions”.  New features to existing Services that are offered in a pre-release version shall be known as “Beta Features”.  Beta Versions and Beta Features shall be known, individually and collectively, as “Beta Services”.  If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:

1. You acknowledge and agree that the Beta Services are pre-release versions and may not work properly.
2. You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures.
3. You should not use the Beta Services in production or mission critical environments. 
4. Go Daddy reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time.    
5. Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases.
6. Go Daddy may limit availability of customer service support time dedicated to support of the Beta Services. 
7. You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Go Daddy.
8. You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Go Daddy.
9. The Beta Services are provided “as is”, “as available”, and “with all faults”.
10. To the fullest extent permitted by law, Go Daddy disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

10. 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.

11. 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.