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   * ProtectionFuture Website Hacks
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 * Products
   * Website Security Platform
   * Website Firewall
   * Agency Plans
   * Custom & Enterprise Plans
   * Partnerships
   * Junior Dev
 * Features
   * DetectionWebsite Monitoring & Alerts
   * ProtectionFuture Website Hacks
   * PerformanceSpeed Up Your Website
   * ResponseHelp For Hacked Websites
   * BackupsDisaster Recovery Plan
   * EcommerceSecurity For Online Stores
 * Resources
   * Guides
   * Webinars
   * Infographics
   * Blog
   * SiteCheck
   * Reports
   * Email Courses
   * Technical Hub
 * Pricing

Menu
 * Products
   * Website Security Platform
   * Website Firewall
   * Agency Plans
   * Custom & Enterprise Plans
   * Partnerships
   * Junior Dev
 * Features
   * DetectionWebsite Monitoring & Alerts
   * ProtectionFuture Website Hacks
   * PerformanceSpeed Up Your Website
   * ResponseHelp For Hacked Websites
   * BackupsDisaster Recovery Plan
   * EcommerceSecurity For Online Stores
 * Resources
   * Guides
   * Webinars
   * Infographics
   * Blog
   * SiteCheck
   * Reports
   * Email Courses
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TERMS OF SERVICE

Last Updated: October 6th, 2021.

 

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

These terms of service (“Terms of Service”) are a legal agreement (“Agreement”)
between you, either an individual or a single legal entity (“You” or “you”), and
GoDaddy Media Temple, Inc. d/b/a Sucuri a subsidiary of GoDaddy Operating
Company, LLC. (“Sucuri” or the “Company”, together with its Affiliates,
collectively the “Sucuri Party”).

 

This Agreement sets forth the legally binding terms and conditions for your use
of the various services and websites owned and operated by Company, including,
without limitation, the sucuri.net, blog.sucuri.net, sitecheck.sucuri.net,
support.sucuri.net websites and domain names (“Sites”), and any other features,
content, or applications offered from by Company in connection therewith,
including, but not limited to, website integrity, monitoring, alerting, and
cleanup. (Collectively “Service”).

 

By clicking on the “I agree” button, completing the registration process, and/or
using the Sites or Service in any manner, including but not limited to visiting
or browsing the Sites, you represent that (1) you have read, understand,
acknowledge, and agree to be bound by this Agreement, (2) you are of legal age
to form a binding contract with the company, and (3) you have the authority to
enter into this Agreement personally or on behalf of the company you have named
as the customer, and to bind that company to these terms.

 

This Agreement applies to all users of the Sites or Service, including users who
are also contributors of content, information, and other materials or services
on the sites. If you do not agree to be bound by this Agreement, you may not
access or use the Sites or the Service.

 

If, after your electronic acceptance of this Agreement, Company finds that you
do not have the legal authority to bind such corporate entity, you will be
personally responsible for the obligations contained in this Agreement,
including, but not limited to, the payment obligations. Company shall not be
liable for any loss or damage resulting from Company’s reliance on any
instruction, notice, document or communication reasonably believed by Company to
be genuine and originating from an authorized representative of your corporate
entity. If there is reasonable doubt about the authenticity of any such
instruction, notice, document or communication, Company reserves the right (but
undertakes no duty) to require additional authentication from you. You further
agree to be bound by the terms of this Agreement for transactions entered into
by you, anyone acting as your agent and anyone who uses your account or the
Service, whether or not authorized by you.


ACCEPTANCE OF TERMS

 

The Service is offered subject to acceptance without modification of the Terms
of Service and all other operating rules, policies and procedures that may be
published from time to time on the Sites by Company.

 

In addition, some services offered through the Service may be subject to
additional terms and conditions promulgated by Company from time to time (the
“Supplemental Terms”); your use of such services is subject to those
Supplemental Terms, which are incorporated into these Terms of Service by this
reference and are referred to collectively as the “Terms.”

 

If these Terms of Service are inconsistent with the Supplemental Terms for any
Service, the Supplemental Terms will control with respect to that Service.


MODIFICATION

 

Company may, in its sole and absolute discretion, 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 on the Sites. Your use of the Sites or the Service after such changes or
modifications have been made 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) the Sites or the Service. In addition,
Company may occasionally notify you of changes or modifications to this
Agreement by email. It is therefore very important that you keep your Account
information current. Company assumes no liability or responsibility for your
failure to receive an email notification if such failure results from an
inaccurate email address.


CUSTOMER ACCOUNT AND REGISTRATION

 

As a Registered User, you are required to establish an Account and receive or
establish a password (“Password”) which can be used by each of your employees
and consultants who are authorized by you to use the Service on your behalf. In
registering for the Service, you agree to provide true, accurate, current and
complete information about yourself as prompted by our registration form
(the “Registration Data”) and to maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.

 

If you provide any Registration Data that is untrue, inaccurate, not complete or
incomplete, or Company has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Company has the right to
suspend or terminate your Account and to refuse any and all current or future
use of the Service (or any portion thereof) by you. You are responsible for all
activities that occur under your Account and your Password. You agree to notify
Company immediately of any unauthorized use of your Account or Password or any
other breach of security and to exit from your Account at the end of each
session. You agree that you are responsible for any losses arising out of the
unauthorized use of your Account.


AFFILIATE ASSIGNMENT

 

Sucuri reserves the right, under its sole discretion, to (1) assign the Sites or
Service to any of its Affiliates, including under any services agreement; and
(2) change the Sucuri Party providing Service. For the purposes of this
Agreement, “Affiliate” means with respect to a party, any entity that directly
or indirectly controls, is control by, or is under common control with that
party.


ELECTRONIC COMMUNICATIONS

 

When you visit the Sites or send e-mails to us, you are communicating with us
electronically. By doing this, you consent to receive communications from us
electronically. We will communicate with you via e-mail or by posting notices on
the Sites. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.

 

NOT WITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT E-MAIL
COMMUNICATION IS NOT SECURE, AND THEREFORE YOU AGREE THAT YOU WILL USE THE
COMPANY’S TICKETING SYSTEM TO EXCHANGE ALL CREDENTIALS, TECHNICAL INFORMATION
AND SERVICE SPECIFIC SUPPORT REQUESTS (INCLUDING BUT NOT LIMITED TO ANY MALWARE
REMOVAL REQUESTS FOR COVERED WEBSITES (EACH, A “MALWARE REMOVAL REQUEST”).


1. PCI NON-COMPLIANCE FINES

 

Website Scanning and Detection. This Service offers a suite of tools to help
manage the security of your websites, which may include:

 

i. Website Malware Scanner that detects and reports website related malware
threats;
ii. Website Indicators of Compromise (IoC) that analyzes your website for signs
it has been compromised by an attack or if it has been infected with malicious
software;
iii. Website Seach Engine Optimization (SEO) SPAM Scanner that searches your
website for hidden links, pages or other content hackers use to raise their
search rankings;
iv. Website Blocklisting that notifies you if your site is blocklisted;
v. Website Server Side Scanner that checks your website files for security
issues that might be missed by a remote scan;
vi. Website Uptime Monitoring that provides reporting to show whether your
website is running or being affected by an incident;
vii. Domain Name Services (DNS) Scanner that notifies you if your DNS records
change; and/or
viii. Secure Sockets Layer (SSL) Scanner that notifies you if your SSL
certificate changes.

 

By providing this Service to you, we may collect information such as your
website IP address, website scan results, locale, API keys, and URLs necessary
to enable the service. If you elect to receive SMS notifications, we also
collect your phone number and carrier information.

 

Website Protection is a website firewall that blocks malicious traffic and
attacks, including brute force, Distributed Denial of Service (DDoS) and zero
day exploits. By providing this Service to you, we may collect information such
as IP addresses and request URLs, from site visitors and HTTP traffic. Depending
on your website implementation, URLs and HTTP traffic may contain additional
attributes such as data fields you ask your users to complete.

 

Website Performance enables customers to measure and track their website
connection and load times.

 

Website Malware Removal is a combination of automated and manual analysis of
files and databases used to identify and clear malicious code from websites. By
providing this Service to you, we may temporarily store user credentials.
Additionally, files and databases may be temporarily stored to perform manual
restorations.

 

Website Backup allows you to create backup copies of your website content and
specify how frequent the backups should occur. By providing this Service to you,
we may collect information such as website data (files and databases, where
applicable), data necessary to enable FTP services, and database credentials
needed to access the data to backup or restore.


WORDPRESS PLUGIN & API KEY

Using the Sucuri WordPress plugin does not require you to purchase a service
subscription, nor is plugin required to utilize your Services. It is free to all
WordPress users.

 

Sucuri WordPress plugin offers a set of security features for your website:

 

i. Security Activity Auditing
ii. File Integrity Monitoring
iii. Remote Malware Scanning
iv. Blocklist Monitoring
v. Effective Security Hardening
vi. Post-Hack Security Actions
vii. Security Notifications
viii. Website Firewall (premium)

 

The API key is required for preventing attackers from deleting audit logs that
can help you investigate and recover after a hack, and allows the plugin to
display statistics. The keys are free if you elect to use them. By generating an
API key, Sucuri will collect and store anonymous data about your website. The
key is used to authenticate the HTTP requests sent by the plugin to an API
service managed by Sucuri. Sucuri will store the email address you provide as
well as a copy of the audit logs generated by the server. You may retrieve the
audit logs using the same email address at any time.

 

Depending on the Service you have purchased, Company grants you a limited,
non-exclusive, non-transferable, non-sublicensable license to use the Service
during the term for which you have purchased a package (the “Service Term”) to
use the Service for the websites included in such package (the “Covered
Websites”). For purposes of this Agreement, a “Website” shall mean a collection
of files and documents used to display content via the Internet to those who
access its Uniform Resource Locator (“URL”).


FEES AND PAYMENT

 

You will be responsible for payment of the applicable fee (the “Service
Subscription Fee”) at the time you create your Account and select your annual
package (the “Service Commencement Date”). All fees will be billed to the credit
card or PayPal account you designate during the registration process.

 

If you want to designate a different credit card or if there is a change in your
credit card or PayPal account status, you must change your information online
at https://login.sucuri.net or send an e-mail to Sales.


AUTO-RENEWAL

 

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF
SERVICE, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. EXCEPT FOR REASONS
DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE
APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD
EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. FOR EXAMPLE, IF YOUR LAST
SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE
YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS,
COMPANY MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE
ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO
SUCCEED.

 

UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, COMPANY WILL AUTOMATICALLY
RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL (“RENEWAL COMMENCEMENT
DATE”) AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH
COMPANY AT COMPANY’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE
HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IF YOU DO NOT
WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN
WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT
TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE (IN WHICH CASE
THE SERVICES WILL AGAIN BE SET TO AUTOMATIC RENEWAL). IN OTHER WORDS, SHOULD YOU
ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE
THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICE, AND COMPANY
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.


TERMINATION

 

You will have thirty (30) days from the Service Commencement Date or any Renewal
Commencement Date to cancel the Service (the “Cancellation Period”), in which
case the Company will refund your Service Subscription Fee for the applicable
Service Term provided that you have not submitted a Malware Removal Request
during the Cancellation Period.

 

You agree that you will make any cancellation request by way of a general
request ticket that you submit through the Company’s ticketing system. In the
event that you are using a PayPal account to make payments hereunder, you must
also log in and cancel your recurring payments via your PayPal interface. Except
as set forth above, your Service Subscription Fee shall be non-refundable.


INTELLECTUAL PROPERTY

 

Except with respect to the Content, including Your Content, you agree that
Company and its suppliers own all rights, title and interest in the Sites, the
Service and the Company Materials. You will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Sites, the Service or the Company Materials.
Sucuri Security Inc., Sucuri Inc., the Sucuri logo, and/or other Sucuri products
referenced herein are trademarks of Sucuri Inc.., may be registered in certain
jurisdictions, and may not be used without permission in connection with any
third party products or services. Other trademarks, service marks and trade
names that may appear on the Sites or in connection with the Service are the
property of their respective owners.

 

By submitting ideas, suggestions, documents and/or proposals to Company through
its suggestion, feedback, wiki, forum or similar web pages (“Feedback”), you
agree that (1) your Feedback does not contain the confidential or proprietary
information of third parties; (2) Company is not under any obligation of
confidentiality, express or implied, with respect to the Feedback; (3) Company
shall be entitled to use and disclose such Feedback for any purpose, in any way,
worldwide; and (4) you are not entitled to any compensation or reimbursement of
any kind from Company for the Feedback under any circumstances.


LIMITED WARRANTY

 

If at any time during the Service Term, you submit a Malware Removal Request for
a Covered Website that Company determines is infected, Company will use
reasonable commercial efforts to clean the infected Covered Website. In the
event that Company is unable, for any reason, to clean the infected Covered
Website, Company will, as its sole and exclusive remedy, refund to you the
annual fee you paid to the Company for the clean up of that Covered Website.

 

EXCEPT AS SET FORTH ABOVE, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY
CONTENT OR COMPANY MATERIALS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT
WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR
CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS AND CONTENT PROVIDERS (THE “COMPANY PARTIES”) DO NOT WARRANT
THAT: (A) THE SERVICE WILL PREVENT THE INFECTION, OR RE-INFECTION, OF THE
COVERED WEBSITES; (B) THE COVERED WEBSITE WILL OPERATE AFTER IT HAS BEEN CLEANED
BY COMPANY; (C) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) ANY CONTENT OR
SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

 

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITES OR THE
SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR
COMPUTER SYSTEM, ANY DEVICE YOU USE TO ACCESS THE SITES OR THE SERVICE, AND ANY
COVERED WEBSITES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

 

YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES AND THE SERVICE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
YOUR COMPUTER SYSTEMS, THE COVERED WEBSITES, OR LOSS OF DATA THAT RESULTS FROM
USE OF THE SITES AND THE SERVICE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED
WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A
JURISDICTION IMPLIES IN THESE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE
EXCLUSIVE, COMPANY’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED, AT COMPANY’S
OPTION, TO THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING
THEM SUPPLIED AGAIN.


LIMITATION OF LIABILITY

 

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL
THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR
CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV)
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY
CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION
OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR
CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES,
WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM
THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC,
“X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT
THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR
EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

 

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE
SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL
COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.

 

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.


THIRD PARTY SITES

 

The Sites or the Service may permit you to link to other websites or resources
on the Internet, and other websites or resources may contain links to the Sites.
When you access third party websites, you do so at your own risk. These other
websites are not under Company’s control, and you acknowledge that Company is
not responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources. The inclusion
of any such link does not imply endorsement by Company or any association with
its operators. You further acknowledge and agree that Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any
content, goods or services available on or through any such website or resource.


INDEMNIFICATION

 

BY USING THE SITES AND/OR THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD COMPANY
PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY COMPANY AS PART OF
ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF
ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS
MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM COMPANY PARTIES AS A
RESULT OF COMPANY’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY OF YOUR CONTENT,
TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION
DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMPANY’S
CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS PROVISION
APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.


SUBMISSIONS

 

You acknowledge and agree that all information, data, text, software, music,
graphics, video, messages, tags or other materials submitted by users of the
Sites or the Service (“Content”) is the sole responsibility of the party from
whom such Content originated. This means that you, and not Company, are entirely
responsible for all Content that you upload, post, e-mail, transmit or otherwise
make available (“Make Available”) through the Sites or the Service (“Your
Content”), and other users of the Service and not Company are similarly
responsible for all content they Make Available through the Sites or the
Service. You also agree that you have obtained all necessary rights and
licenses, and agree that Your Content shall be considered non-confidential. You
agree to provide accurate and complete information in connection with your
submission of Your Content on the Service. You hereby grant Company a worldwide,
irrevocable, royalty-free, nonexclusive license to use Your Content as part of
the Service, without any compensation or obligation to you. Company reserves the
right to not use or publish Your Content, and to remove or edit any Your
Content, at any time in its sole discretion without notice or liability.

 

Company has the right, but not the obligation, to monitor any of Your Content
that you Make Available on the Sites or the Service, to investigate any reported
or apparent violation of this Agreement, and to take any action that Company in
its sole discretion deems appropriate, including, without limitation, suspending
or terminating your Account and refusing any and all current or future use of
the Service (or any portion thereof) by You.


PROTECTION OF YOUR DATA

 

Sucuri offers certain hosted Services available to you that may involve the
processing of personal data about you, your customers and/or web users
(“Customer Data”) in the course of your use of these Services. Customer Data,
for the purpose of this Section, excludes any User Content, Account information
and usage data.

 

Sucuri’s Controller to Processor Data Processing Addendum (“DPA”), which is
hereby incorporated by reference and applicable to Services, is meant to provide
you contractual assurance that we have robust mechanisms to ensure the
processing of Customer Data, including cross border transfers of Customer Data
will meet compliance under applicable data protection laws.

 

For the purposes of the Controller to Processor DPA and the standard contractual
clauses attached to the DPA, as applicable, you are considered the data
controller/data exporter, and your acceptance of the Terms of Service governing
Services at the time of purchase of any Services will also be treated as your
acknowledgement and acceptance of the Controller to Processor DPA (including the
standard contractual clauses and its appendices, as applicable). If you wish to
print, sign and return a physical copy of the Controller to Processor DPA,
please send an email request to privacy@sucuri.net.


RULES AND CONDUCT

 

As a condition of your use of the Service, you agree that (a) you will follow
Company’s guidelines and recommendations on how to prevent reinfection of the
Covered Websites, and (b) you will not use the Service for any purpose that is
prohibited by the Terms or by applicable law. The Service (including, without
limitation, any advertisements, advice, suggestions, videos, audio clips,
written forum comments, information, data, text, photographs, software, scripts,
graphics and interactive features generated, provided or otherwise made
accessible by Company or its partners on or though the Service or the Sites
(“Company Materials”) is provided only for your own personal, non-commercial
use. You are responsible for all of your activity in connection with the
Service. By way of example, and not as a limitation, you shall not (and shall
not permit any third party to) either (a) take any action or (b) Make Available
any of Your Content on or through the Service, that:

 

 * Is a violation of this Agreement or gives Company reason to believe, in its
   sole and absolute discretion, you are a repeated offender of violating this
   Agreement;

 * Infringes any patent, trademark, trade secret, copyright, right of publicity
   or other right of any other person or entity;

 * Is unlawful, threatening, abusive, harassing, defamatory, libelous,
   deceptive, fraudulent, invasive of another’s privacy, tortious, obscene,
   offensive, or profane;

 * Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
   (“spamming”);

 * Involves commercial activities and/or sales without Company’s prior written
   consent such as contests, sweepstakes, barter, advertising, or pyramid
   schemes; or

 * Impersonates any person or entity, including any employee or representative
   of Company.

 

You shall not attempt or engage in potentially harmful acts that are directed
against the Sites or Service including, without limitation, the following: (a)
Using the Sites or Service in contravention of any other agreement to which you
are a party, including without limitation any employment agreement to which you
may be a party; (b) causing, allowing, or assisting any other person to use your
Account(s) or impersonate you; (c) sharing your password or login with any other
person; (d) logging onto a server or Account(s) that you are not authorized to
access; (e) forging user names, manipulating identifiers, or otherwise
impersonating any other person or misrepresenting your identity or affiliation
with any person or entity; (f) emulating or faking usage of the Sites or the
Service; (g) violating or attempting to violate any security features of the
Sites or the Service; (h) using manual or automated software, devices, scripts,
robots, or other means or processes to access, “scrape,” “crawl,” or “spider”
any pages contained in the Sites; (i) intentionally introducing viruses, worms,
software, Trojan horses, or other similar harmful code into the Sites or the
Service, outside of the infected Covered Websites; (j) interfering or attempting
to interfere with the use of the Sites by any other user, host, or network,
including without limitation by means of submitting a virus, overloading,
“flooding,” “spamming,” “mail bombing,” “pinging,” “hacking,” “phishing,” or
“crashing” the Sites or the Service; (k) causing, allowing or assisting
machines, bots, or automated services to access or use the Sites or the Service
without the express written permission of Company; (l) tampering with the
operation, functionality, or the security of the Sites or the Service; (m)
attempting to override or circumvent any security or usage rules embedded into
the Sites or the Service that permit digital materials to be protected; (n)
attempting to probe, scan, or test the vulnerability of the Sites or the
Service, or any associated system or network, or breach any security or
authentication measures; (o) misusing, tricking, disrupting, or otherwise
interfering with the functioning of the Sites or the Service; (p) harvesting or
collecting e-mail addresses or other contact information of other users or
clients from the Sites or the Service by electronic or other means; (q) reverse
engineering, decompiling, disassembling, deciphering, or otherwise attempting to
derive the source code for any underlying intellectual property used to provide
the Sites or the Service; (r) engaging in “framing,” “mirroring,” or otherwise
simulating the appearance or function of the Sites or the Service; (s) forging
any TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting; (t) modifying, translating, or otherwise creating derivative
works of any part of the Sites or the Service; or (u) copying, renting, leasing,
distributing, or otherwise transferring any or all of the rights that you
receive hereunder.

 

Violations of system or network security may result in civil or criminal
liability. You acknowledge and agree that it is your responsibility to install
anti-virus software and related protections against viruses, Trojan horses,
worms, time bombs, cancelbots, or other computer programming routines or engines
that are intended to damage, destroy, disrupt, or otherwise impair a computer’s
functionality or operation.

 

You further acknowledge and agree that in the event that Company determines, in
its sole discretion, that any of the Covered Websites include explicit
pornography, bestiality, human trafficking, child sexual abuse material (CSAM)
or violate any local, state, national or international law or regulation,
Company may immediately terminate this Agreement and refund a prorated portion
of the Service Subscription Fee for the remainder of the Service Term.

 

Company reserves the right to remove any Content, including Your Content, from
the Sites or the Service at any time, for any reason (including, but not limited
to, upon receipt of claims or allegations from third parties or authorities
relating to such Content or if Company is concerned that you may have violated
these Terms), or for no reason at all.

 

Not withstanding any other provision of these Terms or the Privacy Policy,
Company reserves the right, but has no obligation, to disclose any information
that you submit or that Company discovers in performing the Service, if in its
sole opinion, Company suspects or has reason to suspect, that the Covered
Websites are involved in any way in activities that violate any local, state,
national or international law or regulation. Information may be disclosed to
authorities that Company, in its sole discretion, deems appropriate to handle
such disclosure. Appropriate authorities may include, without limitation, law
enforcement agencies, child protection agencies or court officials. You hereby
acknowledge and agree that Company is permitted to make such disclosure.


DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS
ARBITRATIONS

 

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO
OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL
ARBITRATION.

 

(A) Disputes. The terms of this Section shall apply to all Disputes between you
and Company, except for disputes governed by the Uniform Domain Name Dispute
Resolution Policy referenced above and available here. For the purposes of this
Section, “Dispute” shall mean any dispute, claim, or action between you and
Company arising under or relating to any Services, Sites, these Terms, or any
other transaction involving you and Company, whether in contract, warranty,
misrepresentation, fraud, tort, intentional tort, statute, regulation,
ordinance, or any other legal or equitable basis, and shall be interpreted to be
given the broadest meaning allowable under law. YOU AND COMPANY AGREE THAT
“DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF
ACTION BY YOU OR COMPANY FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT
INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK
INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these
Terms, you agree that a court, not the arbitrator, may decide if a claim falls
within one of these four exceptions.

 

(B) Binding Arbitration. You and Company further agree: (i) to arbitrate all
Disputes between the parties pursuant to the provisions in these Terms; (ii)
these Terms memorialize a transaction in interstate commerce; (iii) the Federal
Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and
enforcement of this Section; and (iv) this Section shall survive termination of
these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A
COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may
award you the same damages as a court sitting in proper jurisdiction, as limited
by the Limitation of Liability set forth in Section 15 of this Agreement and may
award declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief warranted by
that party’s individual claim. In addition, in some instances, the costs of
arbitration could exceed the costs of litigation and the right to discovery may
be more limited in arbitration than in court. The decision of the arbitrator
shall be final and enforceable by any court with jurisdiction over the parties.

 

(C) Small Claims Court. Notwithstanding the foregoing, you may bring an
individual action in the small claims court of your state or municipality if the
action is within that court’s jurisdiction and is pending only in that court.

 

(D) Dispute Notice. In the event of a Dispute, you or Company must first send to
the other party a notice of the Dispute that shall include a written statement
that sets forth the name, address and contact information of the party giving
it, the facts giving rise to the Dispute, and the relief requested (the “Dispute
Notice”). The Dispute Notice to Company must be addressed to: GoDaddy Media
Temple, Inc. d/b/a Sucuri, 6060 Center Dr. Suite 500, Los Angeles CA 90045,
Attn.: Legal Department (the “Sucuri Notice Address”). The Dispute Notice to you
will be sent by certified mail to the most recent address we have on file or
otherwise in our records for you. If Company and you do not reach an agreement
to resolve the Dispute within sixty (60) days after the Dispute Notice is
received, you or Company may commence an arbitration proceeding pursuant to this
Section. Following submission and receipt of the Dispute Notice, each of us
agrees to act in good faith to seek to resolve the Dispute before commencing
arbitration.

 

(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND COMPANY AGREE THAT
EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS
ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY
DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY
OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A
REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED
WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED
ARBITRATIONS OR PROCEEDINGS.

 

(F) Arbitration Procedure. If a party elects to commence arbitration, the
arbitration will be administered by the American Arbitration Association (“AAA”)
and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in
conjunction with the rules set forth in these Terms, except that AAA may not
administer any multiple claimant or class arbitration, as the parties agree that
the arbitration shall be limited to the resolution only of individual claims.
The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a
conflict between the AAA Rules and the rules set forth in these Terms, the rules
set forth in these Terms shall govern. You may, in arbitration, seek any and all
remedies otherwise available to you pursuant to federal, state, or local laws,
as limited by the Limitation of Liability set forth in Section 15 of this
Agreement. All Disputes shall be resolved by a single neutral arbitrator, and
both parties shall have a reasonable opportunity to participate in the selection
of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and
not any federal, state or local court or agency, shall have exclusive authority
to resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of these Terms, including, but not
limited to, any claim that all or any part of these Terms is void or voidable.
The arbitrator shall also have exclusive authority to rule on his or her own
jurisdiction, including any objections with respect to the existence, scope, or
validity of the arbitration agreement or to the arbitrability of any claim or
counterclaim. Notwithstanding this broad delegation of authority to the
arbitrator, a court may determine the limited question of whether a claim or
cause of action is for (i) trade secret misappropriation, (ii) patent
infringement, (iii) copyright infringement or misuse, or (iv) trademark
infringement or dilution, which are excluded from the definition of “Disputes”
as stated above. The arbitrator shall be empowered to grant whatever relief
would be available in a court under law or in equity. The arbitrator’s award
shall be binding on the parties and may be entered as a judgment in any court of
competent jurisdiction. You may choose to engage in arbitration hearings by
telephone. Arbitration hearings not conducted by telephone shall take place in a
location reasonably accessible from your primary residence (or principal place
of business if you are a small business), or in Los Angeles County, California,
at your option.

 

(G) Initiation of Arbitration Proceeding. If either you or Company decide to
arbitrate a Dispute, we agree to the following procedure:

 

i. Write a Demand for Arbitration. The demand must include a description of the
Dispute and the amount of damages sought to be recovered. You can find a copy of
a Demand for Arbitration at http://www.adr.org (“Demand for Arbitration:
Consumer Arbitration Rules”).

ii. Send one copy of the Demand for Arbitration to AAA by mail at American
Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043.

iii. Send one copy of the Demand for Arbitration to the other party at the same
address as the Dispute Notice, or as otherwise agreed to by the parties.

 

(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written
decision that explains the essential findings and conclusions on which an award,
if any, is based. During the arbitration, the amount of any settlement offer
made by Company or you shall not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or Company is entitled.
The discovery or exchange of non-privileged information relevant to the Dispute
may be allowed during the arbitration.

(I) Arbitration Fees and Payments.

 

i. Disputes involving $75,000 or less. Company will promptly reimburse your
filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject
Company’s last written settlement offer made before the arbitrator was appointed
(“Company’s last written offer”), your dispute goes all the way to an
arbitrator’s decision (called an “award”), and the arbitrator awards you more
than Company’s last written offer, Company will: (i) pay the greater of the
award or $1,000; (ii) pay twice your reasonable attorney’s fees, if any; and
(iii) reimburse any expenses (including expert witness fees and costs) that your
attorney reasonably accrues for investigating, preparing, and pursuing your
claim in arbitration. The arbitrator will determine the amount of fees, costs,
and expenses unless you and Company agree on them.

ii. Disputes involving more than $75,000. The AAA rules will govern payment of
filing fees and the AAA’s and arbitrator’s fees and expenses.

iii. Disputes involving any amount. In any arbitration you commence, Company
will seek its AAA or arbitrator’s fees and expenses, or your filing fees it
reimbursed, only if the arbitrator finds the arbitration frivolous or brought
for an improper purpose. In any arbitration Company commences, Company will pay
all filing, AAA, and arbitrator’s fees and expenses. Company will not seek its
attorney’s fees or expenses from you in any arbitration. Fees and expenses are
not included in determining the amount in dispute.

 

(J) Claims or Disputes Must be Filed Within One Year. To the extent permitted by
law, any claim or dispute to which this Section applies must be filed within one
year in small claims or in arbitration. The one-year period begins when the
claim or Notice of Dispute first could be filed. If not filed within one year,
the claim or dispute will be permanently barred.

 

(K) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION
PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY COMPANY BY
E-MAILING LEGALOPTOUT@GODADDY.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT
THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the
e-mail, you must provide your (a) first name, (b) last name (c) address, (d)
phone number, and (e) account number(s) and state the following: “I wish to opt
out of the arbitration provision contained in Sucuri’s Terms of Service.” By
providing your information in the method above, you are opting out of the
agreement to arbitrate contained in Company’s Terms of Service. Your opt-out
request will only be valid if made within thirty (30) days of first accepting
the Terms of Service. In the event that you opt-out consistent with the
procedure set forth above, all other terms shall contained herein shall continue
to apply, including those related to the applicable governing law and the
court(s) in which legal disputes may be brought.

 

(L) Amendments to this Section. Notwithstanding any provision in these Terms to
the contrary, you and Company agree that if Company makes any future amendments
to the dispute resolution procedure and class action waiver provisions (other
than a change to Company’s address) in these Terms, Company will notify you and
you will have thirty (30) days from the date of notice to affirmatively opt-out
of any such amendments. If you affirmatively opt-out of any future amendments,
you are agreeing that you will arbitrate any Dispute between us in accordance
with the language of this Section as stated in these current Terms, without any
of the proposed amendments governing. If you do not affirmatively opt-out of any
future amendments, you will be deemed to have consented to any such future
amendments.

 

(M) Severability. If any provision in this Section is found to be unenforceable,
that provision shall be severed with the remainder of these Terms remaining in
full force and effect. The foregoing shall not apply to the prohibition against
class or representative actions; if the prohibition against class or
representative actions is found to be unenforceable, this entire Section shall
be null and void. The terms of this Section shall otherwise survive any
termination of these Terms.

 

(N) Exclusive Venue for Other Controversies. Company and you agree that any
controversy excluded from the dispute resolution procedure and class action
waiver provisions in this Section (other than an individual action filed in
small claims court) shall be filed only in the State of California, and each
party hereby irrevocably and unconditionally consents and submits to the
exclusive jurisdiction of such courts for any such controversy. You also agree
to waive the right to trial by jury in any such action or proceeding.


INTEGRATION AND 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.


GENERAL

 

International Users. The Sites can be accessed from countries around the world
and may contain references to services and content that are not available in
your country. These references do not imply that Company intends to announce
such services or content in your country. The Sites and the Service are
controlled and offered by Company from its facilities in the United States of
America. Company makes no representations that the Sites or the Service are
appropriate or available for use in other locations. Those who access or use the
Sites or the Service from other jurisdictions do so at their own volition and
are responsible for compliance with local law.

 

Notice. Where Company requires that you provide an e-mail address, you are
responsible for providing Company with your most current e-mail address. In the
event that the last e-mail address you provided to Company is not valid, or for
any reason is not capable of delivering to you any notices required/permitted by
the Terms, Company’s dispatch of the e-mail containing such notice will
nonetheless constitute effective notice. You may give notice to Company
addressed to the attention of Chief Operating Officer, 6060 Center Dr. Suite
500, Los Angeles CA 90045. Such notice shall be deemed given when received by
Company by letter delivered by nationally recognized overnight delivery service
or first class postage prepaid mail.

 

Waiver. Any waiver or failure to enforce any provision of this Agreement on one
occasion will not be deemed a waiver of any other provision or of such provision
on any other occasion.

 

Assignment. These Terms, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract,
delegation or transfer in violation of the foregoing will be null and void.

 

English Language Controls. This Agreement, along with all policies and the
applicable product agreements identified above and incorporated herein by
reference (collectively, the “Agreement”), is executed in the English language.
To the extent any translation is provided to you, it is provided for convenience
purposes only, and in the event of any conflict between the English and
translated version, where permitted by law, the English version will control and
prevail. Where the translated version is required to be provided to you and is
to be considered binding by law (i) both language versions shall have equal
validity, (ii) each party acknowledges that it has reviewed both language
versions and that they are substantially the same in all material respects, and
(iii) in the event of any discrepancy between these two versions, the translated
version may prevail, provided that the intent of the Parties has been fully
taken into consideration.


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