This Site Survey End User License Agreement ("Agreement") is by and between GoDaddy.com, Inc. ("Go Daddy"), a/an Arizona corporation and you, and your heirs, assigns, agents and contractors (collectively, "You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Go Daddy's Site Survey services (the "Site Survey Services") and represents the entire Agreement between You and Go Daddy concerning the subject matter hereof. By using Go Daddy's Site Survey Services, You acknowledge and agree You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service that Go Daddy may establish from time to time. Such agreements may be found here.

1. the service

Go Daddy currently provides the Site Survey Services to its customers on a monthly subscription model based on the number of open surveys at any one time. Go Daddy shall provide You with the ability to create, manage, send and view surveys and survey results; provided, however, You abide by the terms and conditions set forth herein and in each of Go Daddy's policies and procedures, as may be amended by Go Daddy from time to time. Site Survey Services allow You to:

1. build surveys;
2. publish survey links; and
3. view survey reports, including individual and summaries of responses

Availiability of Services

Subject to the terms and conditions of this Agreement, Go Daddy shall use commercially reasonable efforts to provide Site Survey Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Site Survey Services may be inaccessible or inoperable for any reason, including, without limitation:

1. equipment malfunctions;
2. periodic maintenance procedures or repairs that Go Daddy may undertake from time to time; or
3. causes beyond the control of Go Daddy or that are not reasonably foreseeable by Go Daddy, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.

YOU ACKNOWLEDGE AND AGREE Go Daddy HAS NO CONTROL OVER AND HAS MADE NO REPRESENTATION OR WARRANTY ABOUT THE AVAILABILITY OF THE SITE SURVEY SERVICES ON A CONTINUOUS OR UNINTERRUPTED BASIS.

2. your obligations

By using the Site Survey Services, You acknowledge and agree You are age eighteen (18) years old or older. The Site Survey Services are available only to persons who can enter into legally binding contracts under applicable law. You acknowledge and agree You will use the Site Survey Services in compliance with all applicable federal, state, local, and international laws.

You also acknowledge and agree You shall not use the Site Survey Services to request or collect the following types of information:

• financial information (including, but not limited to, social security numbers, credit card numbers, or bank account information);
• personal information about minors without their parent's consent;
• pornography or nude pictures;
• tasteless images;
• excessively violent material;
• links to web sites containing the serial numbers for unlocking software illegally;
• pyramid schemes;
• chain letters;
• impersonations of another person;
• encouraging the use of a controlled substance;
• selling or promoting products that are unlawful in the location where the email is received; or
• advocating, promoting, or encouraging violence against any person, organization, or the government.

You acknowledge and agree You have provided accurate, current and complete information in the application process and You shall notify Go Daddy within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Go Daddy to determine the validity of information provided by You, shall constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Go Daddy has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Go Daddy has the absolute right, in its sole discretion, to terminate this Agreement and/or the Site Survey Services and close Your account.

Spam

By using the Site Survey Services, You represent and warrant the information You use in any survey is true and the email addresses You include are of participants who have granted You direct consent to receive email messages from You. You acknowledge and agree to comply with our Anti-Spam Policy, as well as the provisions of the Can-Spam Act. You agree You shall include a valid and correct physical address on every email message, as well as a valid and correct "From" and "Reply-To" address in every email message. Any and all surveys shall require You to provide "Opt-In" verification for each subscriber. You must comply will all opt-out requests within ten business days of receipt and the opt-out method used must be able to process opt-out requests for a minimum of thirty days after the email is sent. You acknowledge and agree that Go Daddy has the right but not the obligation to copy and/or store Your subscriber content, contact lists, and other information. Go Daddy shall not use this information in any way that violates its Privacy Policy, except as permitted or required by law.

Go Daddy has a zero-tolerance spam policy. Your account will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from You, the sender. You can only use Site Survey Services to send emails to people that gave You permission to email them. If You don't have proof that each recipient on Your list opted in for Your emails, don't import them into the Site Survey Services. Go Daddy prohibits the use of third-party, purchased, rented, or harvested mailing lists. You cannot mail to newsgroups, message boards, distribution lists, or unsolicited email addresses. You agree You shall not utilize the Survey Tool to send any commercial electronic mail messages (as defined in the Can-Spam Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from You or another party on whose behalf You may be commissioned. If You suspect the Site Survey Services have been used to send spam, please contact us immediately at abuse@secureserver.net and we will investigate accordingly.

Intellectual Property

Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Site Survey Services and all rights are reserved by Go Daddy. You acknowledge and agree the Site Survey Services, the names and logos of Go Daddy and all related product and service names, design marks and slogans, are the sole and exclusive property of Go Daddy and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of Go Daddy, which may be withheld, conditioned or delayed in the sole and absolute discretion of Go Daddy.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your Site Survey Services and all content stored therein. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your use of the Site Survey Services. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the confidentiality of Your password. Go Daddy's Site Survey Marketing Services are not an archive and Go Daddy shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Go Daddy, whereupon Go Daddy shall suspend access to Your Site Survey Services by use of such password and issue a replacement password to You or Your authorized representative. Go Daddy shall not be liable for any loss You may incur as a result of someone else using Your password or the Site Survey Services, either with or without Your knowledge and/or consent. However, You could be held liable for losses incurred by Go Daddy or another party due to someone else using Your Site Survey Services or password.

Go Daddy shall not disclose the information You place in the Site Survey Services without Your express permission, in accordance with our Privacy Policy, except and permitted or required by law. Go Daddy shall not disclose the information of Your customers that You store in the Site Survey Services, except as permitted or required by law.

3. Go Daddy 's rights

Go Daddy explicitly reserves the right in its sole discretion to:

1. modify its pricing through email notification;
2. review Your use of the Site Survey Services for excessive space and bandwidth utilization and to terminate this Agreement and Your use of the Site Survey Services or apply additional fees if Your use exceeds allowed levels;
3. establish limits and guidelines concerning the use of the Site Survey Services, including but not limited to the maximum size of surveys sent through our servers and the maximum number of occasions that You may access our servers using the Site Survey Services in any given period of time;
4. terminate this Agreement and/or Your use of the Site Survey Services for unsolicited, commercial e-mailing (e.g., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (e.g., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Site Survey Services fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, or racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Go Daddy determines in its sole discretion may be harmful to its other customers, operations, or reputation;
5. terminate this Agreement and/or Your use of the Site Survey Services if Your use of the Site Survey Services results in, or is the subject of, legal action or threatened legal action against Go Daddy or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
6. terminate this Agreement and/or Your use of the Site Survey Services if You have not accessed or logged into it for ninety (90) days or more; and
7. terminate this Agreement and/or Your use of the Site Survey Services if Go Daddy no longer offers the Site Survey Service by providing You notice.

If Go Daddy terminates this Agreement or Your use of the Site Survey Services, Go Daddy may, at its own option, remove and destroy data and files stored by You on Go Daddy's servers. Go Daddy has no obligation to monitor Your Site Survey Services, but reserves the right in its sole discretion to do so.

For every email You send out using the Site Survey Services, You agree Go Daddy may automatically attach a notice to it stating the email was powered by the Site Survey Services or a similar message.