PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEWThis CashParking® Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC 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 CashParking services (“CashParking” 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, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the CashParking 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.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 SERVICESCashParking allows you to:
- Provide a platform for advertising links on parked pages;
- Generate revenue from the advertising links on a pay-per-click basis; and
- Receive a portion of the revenue generated from the advertising links.
Your privilege to use CashParking is dependent on your continued compliance with this Agreement, along with the Universal Terms of Service Agreement, which is incorporated herein.
GoDaddy reserves the right to revoke your privileges, terminate your account, or take any other measures deemed to be appropriate (as determined by GoDaddy in its sole and absolute discretion) to enforce this Agreement.
We reserve the right to screen domain names prior to enrollment and we may exclude, in our sole discretion, any domain name for any reason, including, but not limited to: a) violation of this Agreement or the Universal Terms of Service; or b) infringement, or potential infringement, of a third party intellectual property right. Without limiting the foregoing, in the event we determine in our sole discretion that a given domain is no longer owned or managed by you, we may remove said domain from your CashParking account.
3. AVAILABILITY OF SERVICESSubject to the terms and conditions of this Agreement and GoDaddy’s policies and procedures, GoDaddy shall use commercially reasonable efforts to attempt to provide the 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 Services may be inaccessible or inoperable for any reason, including, without limitation:
- Equipment malfunctions;
- Periodic maintenance, repairs or replacements that GoDaddy may undertake from time to time; or
- Causes beyond the reasonable control of GoDaddy or that are not reasonably foreseeable by GoDaddy, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that GoDaddy has no control over the availability of the Services on a continuous or uninterrupted basis, and assumes no liability to you or any other party with regard thereto.
4. RESTRICTIONS ON SERVICES; REMEDIES AND PENALTIESRestrictions on Services
You shall not:
- Purchase or generate traffic to your website or GoDaddy’s links by any of the following methods: listing on newsgroups, bulk emailing, icq postings, chatroom postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript®, click farms, advertising the domain name or purchasing advertising for the domain name or any other similar method;
- Lure, induce, entice, incite, or trick visitors to your website into clicking on GoDaddy’s hyperlinks;
- Mislead visitors to your website into believing that they shall receive anything other than an internet search by clicking on a text link or search box;
- Password protect any search result pages accessed through your website in response to a valid internet search or query;
- Provide any interface for downloading any computer software application (each, a “Downloadable App”), any marketing materials for any Downloadable App, or any hyperlinks to any of the foregoing;
- Allow your website to be a downloadable or internet accessible application, as determined by GoDaddy in its sole and absolute discretion;
- Host the search results pages or otherwise access the search results pages except through GoDaddy’s servers (or such other servers as GoDaddy may choose in its sole a