GoDaddy - Website Design Services Agreement
The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Website Design Services Agreement (this “Service Agreement”) governs your use of GoDaddy's Website Design Services. Capitalized terms used in this Service Agreement, but not defined, are defined in the Universal Terms of Service Agreement.
DESCRIPTION OF SERVICES
We offer a variety of Website Design Services (“WDS”) plans, which may include the following features (as set forth during your purchase):
- Website Design
- Starter WordPress Design includes your choice of pre-designed elements, one (1) round of revisions (revisions not to include new content past plan allowance). Once the site has completed the initial revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Website Care and only if deemed within WDS’ scope of support for Starter WordPress Design.
- Standard WordPress Website Design includes your choice of pre-designed elements, up to four (4) site pages, and one (1) revision after your site is completed (revisions not to include new content past plan allowance). Once the site has completed the revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Website Care and only if deemed within WDS’ scope of support for WordPress Design.
- Premium WordPress Website Design includes your choice of pre-designed elements, up to ten (10) site pages, and one (1) revision after your site is completed (revisions not to include new content past plan allowance). Once the site has completed the revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Website Care and only if deemed within WDS’ scope of support for WordPress Design.
- Update Credits If your Website or Web Store requires more updates than what is included in your Design plan, additional time may be purchased separately (“Update Credits”). Once we receive your request for updates and all necessary materials or content, we will complete the requested updates and re-publish your site without further review. Unused Update Credits are non-refundable.
- Logo Design The Logo Design Service does not include the creation of a custom logo created from completely original elements outside of our current Logo Studio process. Purchase of the logo design service includes an initial interview (via online or by phone), presentation of one (1) initial designs, and one (1) rounds of requested revisions to the selected design. GoDaddy will charge a fee for additional designs/revisions requested by you. The amount of the fee will be communicated to you and is required to be paid prior to the start of work on additional revisions/designs.
- Rights in Logo Design: Notwithstanding anything to the contrary in this Service Agreement, with regard to the Logo Design Service only, and upon payment in full, you have ownership of the Logo Design provided to you for use in any manner you deem appropriate. You acknowledge that your ownership rights under this Service Agreement is limited to the final Logo Design provided to you by us, and that you have no ownership interest in any trademarks or service marks contained in or made a part of the final Logo Design, to include any original graphical element from our Logo Design Studio (collectively, “GoDaddy Pre-Existing IP”), conveys and that we expressly reserve all right, title and interest in and to the same. Notwithstanding, we hereby grant you a worldwide, royalty-free, perpetual and irrevocable right and license to GoDaddy Pre-Existing IP contained in or made part of your Logo Design for use as contemplated by this Service Agreement. You hereby grant us a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works the Logo Design, in any form, media, or technology now known or later developed for promotional purposes of GoDaddy and/or our Logo Design Service.
- Disclaimers: You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final Logo Design. Accordingly, you are encouraged to perform your own independent searches with regard to the Logo Design. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state, federal, country or international intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Logo Design, nor shall we be responsible to assist in any way in your attempt to procure or perfect such rights in the Logo Design. You understand that it is your obligation alone to copyright the logo design and/or seek trademark protection to the extent you deem appropriate and/or necessary.
- Photo Shoot Services Photo Shoot services may include us sending out a freelance photographer, in your area, to take photographs of your business (on location) that can be used in the design of your website or other WSD Services. Photo Shoot services are only eligible for a refund if cancelled more than 48 hours before your scheduled photo shoot.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “GoDaddy Content” means any Content created or licensed by GoDaddy (including, without limitation, Content created for you or with your input). “Customer Content” means any Content that Account holders (including you) provide to be made available through the Services.
To the extent you request that we photograph, film and/or record you, we may do so and any such photos, videos or recordings will be considered GoDaddy Content and will be owned exclusively by GoDaddy. To the extent such photos, videos or recordings contain any third party’s name, image, likeness or voice, you represent and warrant that you will obtain all necessary permissions and releases from such third party. In the event you wish to use such photos, videos or recordings in connection with your business outside of the Services, upon your request, we may choose to grant you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and display certain of those photos, videos, or recordings subject to the payment of a fee.
- Website Design Services + Marketing Services Bundle Marketing Services Basic and Premium plans are available as a bundle with Website Design Services. The Marketing Services in these plans are non-refundable once usage occurs. When bundled, usage is defined by GoDaddy completing 1 or more requests or the site design is delivered. Service requests for Marketing Services Premium plans that are included in a bundle with Website Design Services will be closed without a refund after 6 weeks of no customer contact.
- Website Design
ACCOUNT TERMINATION; LIMITATIONS
- 主機中斷。我們不對由於 WordPress 主機帳戶導致的網站中斷問題負責。
商店產品目錄。標準版商店設計方案以 1500 種商品為上限。雖然超豪版商店設計方案沒有商品數量上限，但是由於系統上潛在的物質和實際限制，因此系統效能可能在達到一定的產品數量後開始變慢，這些限制包括 (但不限於)：系統架構、系統容量、系統負載、使用者網際網路連線能力和使用者電腦組態。超過 3000 種商品的產品目錄可能會需要額外的主機頻寬，而您的每月支出費用將會增加。
無備份義務。您有權利 (但非義務) 在設計完成前或服務取消時備份或封存您的設計。
設計服務限制。以下服務不包含在一開始的設計方案內，但是可以額外購買，作為更新： (i) 任何超出您適用設計方案內修改次數的修改內容；(ii) 相片修圖服務，例如圖像去背、增加陰影、清理圖像汙點及刮痕、統一圖像大小以及調整層級/亮度以便符合其他材料等。我們不提供以下相片修圖服務，也無法作為更新的一部份：修正色調或將低畫質圖像調整成高畫質圖像。
- Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Website Design Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Website Design Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your account.
您沒有在購買方案後六 (6) 個月內完成電話訪談，或未提交您的初始設計內容。若在取消的時候，我們尚未開始進行您的設計，您可能有資格得以針對您方案內剩下的時間申請部分退款。
- 所有服務之限制 除《通用服務條款》內第 5 節 (一般行為守則) 外，您也瞭解並同意您不得透過以下方式使用任何服務 (由我們主觀且全權認定)：
• 展示或宣傳除色情、限制級、露骨情色內容或其他粗俗的材料、敘述、圖像、產品或服務 (包含但不限於伴遊或賣淫)；
• 販售或宣傳贓物或違法物品及 (或) 促進或指示他人進行非法行為的物品；
• 販售或宣傳侵害第三方權利 (如著作權或商標) 或偽造商品，這些商品模仿商品的品牌特色，以此嘗試混充為品牌持有人的真實商品；
• 販售或宣傳受控管的物質及非法藥品 (包含處方藥)、用來大量製造受控管的物質及非法藥品的物品，以及吸食藥物的器具；
- 所有服務之限制 除《通用服務條款》內第 5 節 (一般行為守則) 外，您也瞭解並同意您不得透過以下方式使用任何服務 (由我們主觀且全權認定)：
- 網路商店服務限制 (非完整清單) 您同意不會用服務建立販售下列品項的網路商店：
• 電子煙、大麻二酚 (CBD)、四氫大麻酚 (THC)、大麻、吸食用品、菸草及相關產品
• 我們限制裸體圖像的使用方式，僅限脫衣酒吧及成人商店、藝術相關 (如大衛像) 或醫療領域(如為乳癌外科醫生展示手術前後的胸部) 的資訊網站使用；
您有責任確保任何在您的網站之內容或網路商店上販售的產品，皆符合可存取您網站或購買您的產品之地區所適用的法律及法規。我們保留主觀認定網站內容或任何特定之販售物違反法律或禁令，並禁止販售任何禁止物品及 (或) 取消您的網站設計或網路商店服務的權利。
For this section, “Design” includes the delivered product of the Website Design, Webstore Design, and Logo Design Services as described above.
By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.
Upon completion of your Design, we agree to transfer all rights and ownership of the Design to you. However, software and third-party content and programs are never transferred to you and remain under copyright of their respective owners. Further, ownership and copyright of all templates and themes available to us in creating your Design, including all applicable source code, remain with us and are not transferred to you.
Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.
The Services may include access to other of our products and services. If your Design plan includes an Email account and/or SSL Certificate, it will be your responsibility to setup those services.
If your Design plan includes an Online Store, we will set up that product for you as part of our Service. Your electronic acceptance of this Service Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Online Store/Quick Shopping Cart Agreement, which is incorporated herein by reference.
If your Design plan includes Search Engine Visibility, you may make a request in the Design Manager for us to set up that service for you in conjunction with your Design. If you make that request, then your electronic acceptance of this Service Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Marketing Services Agreement, which is incorporated herein by reference. To facilitate the set up of this additional service, you will be required to fill out an electronic worksheet providing the necessary information, setup and details for configuration before we can complete the set up. Our set up and configuration of these services will use one month (one 30-minute block) of the Maintenance included with your Design plan. Once set up and configured, continued monitoring of the Search Engine Visibility service will be your responsibility.
- 適用於所有圖像/軟體之條款與條件。您知悉並同意 (i) 我們尚未出售或散佈影像/軟體給您，(ii) 您僅可在本服務範圍中使用這些圖像/軟體；(iii) 您不得移除、修改或掩飾圖像/軟體包含之任何版權、商標或其他智慧財產權聲明；以及 (iv) 您不得修改、進行逆向工程、反編譯、反彙編、逆向編譯、建立衍生作品或嘗試推導出影像/軟體之原始碼。