www.godaddy.com
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2a02:26f0:6c00:292::1771
Public Scan
Submitted URL: https://click.godaddy.com/email/6vcmhEo2ViLbApuoYjx9Uf/?currencyId=USD&eid=ocp.email.transactional/3454.LayoutSimple/Rebra...
Effective URL: https://www.godaddy.com/agreements/showdoc?pageid=UTOS&app_hdr=0&isc=gdbb3454a&utm_source=gdocp&utm_medium=email&utm_cam...
Submission: On February 25 via api from NL — Scanned from NL
Effective URL: https://www.godaddy.com/agreements/showdoc?pageid=UTOS&app_hdr=0&isc=gdbb3454a&utm_source=gdocp&utm_medium=email&utm_cam...
Submission: On February 25 via api from NL — Scanned from NL
Form analysis 1 forms found in the DOM
<form class="input-group" data-gui-subscribe-url="https://gui.godaddy.com/v1/subscription/subscribe">
<input id="newsletter-form" class="form-control" type="text" placeholder="Email address">
<style>
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}
.icon.icon-checkmark::after {
mask: var(--icon-mask-checkmark);
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<style>
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<button class="btn btn-default" type="submit" data-track-name="signup_button" data-track-eid-click="">Sign Up</button>
</form>Text Content
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GoDaddy - UNIVERSAL TERMS OF SERVICE AGREEMENT
Last Revised: 2/23/2022
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by
and between GoDaddy.com, LLC, GoDaddy Payments, LLC (for any payment services)
and Poynt, LLC (for any hardware services) ("GoDaddy") and you, and is made
effective as of the date of your use of this website ("Site") or the date of
electronic acceptance. This Agreement sets forth the general terms and
conditions of your use of the Site and the products and services purchased or
accessed through this Site (individually and collectively, the “Services”).
Services Agreements and additional policies apply to certain Services and are in
addition to (not in lieu of) this Agreement. In the event of a conflict between
the provisions of a Services Agreement and the provisions of this Agreement, the
provisions of the applicable Services Agreement shall control.
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, has access to your account or uses the Services. Nothing in this
Agreement shall be deemed to confer any third-party rights or benefits.
2. MODIFICATION OF AGREEMENT, SITE OR SERVICES
GoDaddy 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 to this Site. Your use of this Site or the Services 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) this Site or the Services. 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 (“Account”) information current. GoDaddy assumes no liability or
responsibility for your failure to receive an email notification if such failure
results from an inaccurate email address. In addition, GoDaddy may terminate
Your use of Services for any violation or breach of any of the terms of this
Agreement by You. GoDaddy RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE
ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND
FEES FOR THE SAME, AT ANY TIME.
3. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to individuals or entities
(“Users”) who can form legally binding contracts under applicable law. By using
this Site or the Services, you represent and warrant that you are (i) at least
eighteen (18) years of age, (ii) otherwise recognized as being able to form
legally binding contracts under applicable law, or (iii) are not a person barred
from purchasing or receiving the Services found under the laws of the United
States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you
represent and warrant that you have the legal authority to bind such corporate
entity to the terms and conditions contained in this Agreement, in which case
the terms "you", "your", "User" or "customer" shall refer to such corporate
entity. If, after your electronic acceptance of this Agreement, GoDaddy 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. GoDaddy shall not be
liable for any loss or damage resulting from GoDaddy’s reliance on any
instruction, notice, document or communication reasonably believed by GoDaddy 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, GoDaddy 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
Services, whether or not authorized by you.
4. YOUR ACCOUNT
In order to access some of the features of this Site or use some of the
Services, you will have to create an Account. You represent and warrant to
GoDaddy that all information you submit when you create your Account is
accurate, current and complete, and that you will keep your Account information
accurate, current and complete. If GoDaddy has reason to believe that your
Account information is untrue, inaccurate, out-of-date or incomplete, GoDaddy
reserves the right, in its sole and absolute discretion, to suspend or terminate
your Account. 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 customer number/login,
password, Payment Method(s) (as defined below), and shopper PIN. For security
purposes, GoDaddy recommends that you change your password and shopper PIN at
least once every six (6) months for each Account. You must notify GoDaddy
immediately of any breach of security or unauthorized use of your Account.
GoDaddy will not be liable for any loss you incur due to any unauthorized use of
your Account. You, however, may be liable for any loss GoDaddy or others incur
caused by your Account, whether caused by you, or by an authorized person, or by
an unauthorized person.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
i. Your use of this Site and the Services, including any content you submit,
will comply with this Agreement, any applicable Services Agreement or
policy that may apply to your Services and all applicable local, state,
national and international laws, rules and regulations.
ii. You will not collect or harvest (or permit anyone else to collect or
harvest) any User Content (as defined below) or any non-public or
personally identifiable information about another User or any other person
or entity without their express prior written consent.
iii. You will not use this Site or the Services in a manner (as determined by
GoDaddy in its sole and absolute discretion) that:
* Is illegal, or promotes or encourages illegal activity;
* Promotes, encourages or engages in the exploitation of children, or any
activity related to the proliferation of child sexual abuse material
(CSAM);
* Promotes, encourages or engages in terrorism, violence against people,
animals, or property;
* Promotes, encourages or engages in any spam or other unsolicited bulk
email, or computer or network hacking or cracking;
* Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008
or similar legislation, or promotes, encourages or engages in the sale
or distribution of prescription medication without a valid prescription;
* Violates the Fight Online Sex Trafficking Act of 2017 or similar
legislation, or promotes or facilitates prostitution and/or sex
trafficking;
* Infringes on the intellectual property rights of another User or any
other person or entity;
* Violates the privacy or publicity rights of another User or any other
person or entity, or breaches any duty of confidentiality that you owe
to another User or any other person or entity;
* Interferes with the operation of this Site or the Services found at this
Site;
* Contains or installs any viruses, worms, bugs, Trojan horses or other
code, files or programs designed to, or capable of, disrupting, damaging
or limiting the functionality of any software or hardware; or
* Contains false or deceptive language, or unsubstantiated or comparative
claims, regarding GoDaddy or GoDaddy’s Services.
* You will not perform any false, abusive or fraudulent activity. You will
not perform any action that imposes, or may impose, in our discretion,
an unreasonable or disproportionately large load on our infrastructure;
iv. You will not copy or distribute in any medium any part of this Site or
the Services , except where expressly authorized by GoDaddy.
v. You will not modify or alter any part of this Site or the Services found
at this Site or any of its related technologies.
vi. You will not access GoDaddy Content (as defined below) or User Content
through any technology or means other than through this Site itself, or
as GoDaddy may designate.
vii. You agree to back-up all of your User Content so that you can access and
use it when needed. GoDaddy does not warrant that it backs-up any Account
or User Content, and you agree to accept as a risk the loss of any and
all of your User Content.
viii. You will not re-sell or provide the Services for a commercial purpose,
including any of GoDaddy's related technologies, without GoDaddy's
express prior written consent.
ix. You will not circumvent, disable or otherwise interfere with the
security-related features of this Site or the Services found at this Site
(including without limitation those features that prevent or restrict use
or copying of any GoDaddy Content or User Content) or enforce limitations
on the use of this Site or the Services found at this Site, the GoDaddy
Content or the User Content therein.
x. You agree to provide government-issued photo identification and/or
government-issued business identification as required for verification of
identity when requested.
xi. You are aware that GoDaddy may from time-to-time call you about your
account, and that, for the purposes of any and all such call(s), you may be
subject to call recording and hereby consent to the same, subject to any
applicable laws and our restrictions and obligations thereunder, including,
where permissible, to record the entirety of such calls regardless of
whether GoDaddy asks you on any particular call for consent to record such
call. You further acknowledge and agree that, to the extent permitted by
applicable law, any such recording(s) may be submitted as evidence in any
legal proceeding in which GoDaddy is a party. Further, by providing your
telephone or mobile number, you consent to receive marketing telephone
calls from or on behalf of GoDaddy that may be initiated by an automatic
telephone dialing system and/or use an artificial or prerecorded voice. You
understand that providing consent is not a condition of purchasing any good
or service from GoDaddy. Similarly, by providing your mobile number, you
consent to receive marketing text messages from or on behalf of GoDaddy
that may be sent by an automatic telephone dialing system. You understand
that providing consent is not a condition of purchasing any good or service
from GoDaddy. Message and data rates may apply.
xii. Without limiting any of the rights set forth elsewhere in this Agreement,
GoDaddy expressly reserves the right to deny, cancel, terminate, suspend,
or limit future access to this Site or any Services (including but not
limited to the right to cancel or transfer any domain name registration)
to any User (i) whose Account or Services were previously terminated or
suspended, whether due to breach of this or any other Agreement or any
GoDaddy policy, or (ii) who otherwise engages or has engaged in
inappropriate or unlawful activity while utilizing the Site or Services
(as determined by GoDaddy in its sole and absolute discretion).
xiii. If your purchase or account activity shows signs of fraud, abuse or
suspicious activity, GoDaddy may cancel any service associated with your
name, email address or account and close any associated GoDaddy accounts.
If GoDaddy, in its sole discretion, determines that any conducted
activity is fraudulent, GoDaddy reserves the right to take any necessary
legal action and you may be liable for monetary losses to GoDaddy
including litigation costs and damages. To contest cancellation of
Services or freezing or closure of an account, please contact GoDaddy
Care.
6. PROTECTION OF YOUR DATA
GoDaddy offers certain hosted Services available to you that may involve the
processing of personal data about you, your customers and/or web users(“Your
Data”) in the course of your use of these Services (“Covered Services”). Your
Data, for the purpose of this Section, excludes any User Content. GoDaddy’s
Controller to Processor Data Processing Addendum (“DPA”), which is hereby
incorporated by reference and applicable to Covered Services, is meant to
provide you contractual assurance that we have robust mechanisms to ensure the
processing of Your Data, including transfers of Your Data from the European
Economic Area to a third country, meets with compliance under applicable data
privacy laws.
For the purposes of the Controller to Processor DPA and the Standard Contractual
Clauses attached to the DPA (when and as applicable), you (and your applicable
affiliates) are considered the Data Controller/Data Exporter, and your
acceptance of the Terms of Service governing Covered Services at the time of
purchase of any Covered Services will also be treated as your acknowledgement
and acceptance of the Controller to Processor DPA and its appendices (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@GoDaddy.com.
Covered Services, as defined in this Section and in the Controller to Processor
DPA, include hosted services that are subject to the terms and conditions of the
following Agreements: (1) Email Marketing Services, (2) Website Services, (3)
Hosting, (4) Online Bookkeeping, (5) Online Store/Quick Shopping Cart, (6)
Smartline, and (7) Workspace Service. Covered Services excludes Services
provided by GoDaddy Payments, LLC (for any payment services) and Poynt, LLC (for
any hardware services).
7. USER CONTENT
Some of the features of this Site or the Services, including those Services that
are hosted with GoDaddy, may allow Users to view, post, publish, share, store,
or manage (a) ideas, opinions, recommendations, or advice via forum posts,
content submitted in connection with a contest, product reviews or
recommendations, or photos to be incorporated into a social media event or
activity (“User Submissions”), or (b) literary, artistic, musical, or other
content, including but not limited to photos and videos (together with User
Submissions, “User Content”). All content submitted through your Account is
considered User Content. By posting or publishing User Content to this Site or
to or via the Services, you represent and warrant to GoDaddy that (i) you have
all necessary rights to distribute User Content via this Site or via the
Services, either because you are the author of the User Content and have the
right to distribute the same, or because you have the appropriate distribution
rights, licenses, consents, and/or permissions to use, in writing, from the
copyright or other owner of the User Content, and (ii) the User Content does not
violate the rights of any third party. You shall be solely responsible for any
and all of your User Content or User Content that is submitted through your
Account, and the consequences of, and requirements for, distributing it.
User Submissions. You acknowledge and agree that your User Submissions are
entirely voluntary, do not establish a confidential relationship or obligate
GoDaddy to treat your User Submissions as confidential or secret, that GoDaddy
has no obligation, either express or implied, to develop or use your User
Submissions, and no compensation is due to you or to anyone else for any
intentional or unintentional use of your User Submissions, and that GoDaddy may
be working on the same or similar content, it may already know of such content
from other sources, it may simply wish to develop this (or similar) content on
its own, or it may have taken / will take some other action.
GoDaddy shall own exclusive rights (including all intellectual property and
other proprietary rights) to any User Submissions posted to this Site, and shall
be entitled to the unrestricted use and dissemination of any User Submissions
posted to this Site for any purpose, commercial or otherwise, without
acknowledgment or compensation to you or to anyone else.
User Content Other Than User Submissions. By posting or publishing User Content
to this Site or through the Services, you authorize GoDaddy to use the
intellectual property and other proprietary rights in and to your User Content
to enable inclusion and use of the User Content in the manner contemplated by
this Site and this Agreement. You hereby grant GoDaddy a worldwide,
non-exclusive, royalty-free, sublicensable (through multiple tiers), and
transferable license to use, reproduce, distribute, prepare derivative works of,
combine with other works, display, and perform your User Content in connection
with this Site, the Services and GoDaddy's (and GoDaddy’s affiliates’)
business(es), including without limitation for promoting and redistributing all
or part of this Site in any media formats and through any media channels without
restrictions of any kind and without payment or other consideration of any kind,
or permission or notification, to you or any third party. You also hereby grant
each User of this Site a non-exclusive license to access your User Content (with
the exception of User Content that you designate “private” or “password
protected”) through this Site, and to use, reproduce, distribute, prepare
derivative works of, combine with other works, display, and perform your User
Content as permitted through the functionality of this Site and under this
Agreement. The above licenses granted by you in your User Content terminate
within a commercially reasonable time after you remove or delete your User
Content from this Site. You understand and agree, however, that GoDaddy may
retain (but not distribute, display, or perform) server copies of your User
Content that have been removed or deleted. The above licenses granted by you in
your User Content are perpetual and irrevocable. Notwithstanding anything to the
contrary contained herein, GoDaddy shall not use any User Content that has been
designated “private” or “password protected” by you for the purpose of promoting
this Site or GoDaddy’s (or GoDaddy’s affiliates’) business(es). If you have a
website or other content hosted by GoDaddy, you shall retain all of your
ownership or licensed rights in User Content.
8. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and
procedures, we shall use commercially reasonable efforts to attempt to provide
this Site and the Services on a twenty-four (24) hours a day, seven (7) days a
week basis. You acknowledge and agree that from time to time this Site may be
inaccessible or inoperable for any reason including, but not limited to,
equipment malfunctions; periodic maintenance, repairs or replacements that we
undertake from time to time; or causes beyond our reasonable control or that are
not reasonably foreseeable 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 we
have no control over the availability of this Site or the Service on a
continuous or uninterrupted basis, and that we assume no liability to you or any
other party with regard thereto.
9. PRODUCT CREDITS
In the event you are provided with a product credit (“Credit”), whether for
redemption of the purchase of a specific product or for free with the purchase
of another product (“Purchased Product”), you acknowledge and agree that such
Credit is only valid for one (1) year and is only available with a valid
purchase and may be terminated in the event the product purchased is deleted,
cancelled, transferred or not renewed. The Credit will expire one (1) year from
date of purchase of the Purchased Product if the Credit has not been redeemed.
In the event that the Credit is redeemed, after the initial subscription period,
the product will automatically renew at the then-current renewal price until
cancelled. If you wish to cancel the automatic renewal of the product, you may
do so by visiting your Account or by contacting customer service. In the event
your Purchased Product includes a free domain name, if you cancel the Purchased
Product, the list price for the domain name will be deducted from the refund
amount. The list price is the price of the domain name listed on GoDaddy's
website and is not subject to any promotion, discount, or other reduction in
price. For Credits issued for free with another Purchased Product, you
acknowledge and agree that we may swap your Credit for a similar product, in our
sole discretion.
10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
GoDaddy generally does not pre-screen User Content (whether posted to a website
hosted by GoDaddy or posted to this Site). However, GoDaddy reserves the right
(but undertakes no duty) to do so and decide whether any item of User Content is
appropriate and/or complies with this Agreement. GoDaddy may remove any item of
User Content (whether posted to a website hosted by GoDaddy or posted to this
Site) and/or terminate a User’s access to this Site or the Services found at
this Site for posting or publishing any material in violation of this Agreement,
or for otherwise violating this Agreement (as determined by GoDaddy in its sole
and absolute discretion), at any time and without prior notice. GoDaddy may also
terminate a User’s access to this Site or the Services found at this Site if
GoDaddy has reason to believe the User is a repeat offender. If GoDaddy
terminates your access to this Site or the Services found at this Site, GoDaddy
may, in its sole and absolute discretion, remove and destroy any data and files
stored by you on its servers.
11. DISCONTINUED SERVICES; END OF LIFE POLICY
GoDaddy reserves the right to cease offering or providing any of the (i)
Services or (ii) individual features, functionalities, or aspects of the
Services at any time, for any or no reason, and without prior notice. Although
GoDaddy makes great effort to maximize the lifespan of all its Services and
features, functionalities, or aspects of the Services, there are times when a
Service or specific feature, functionality, or aspect of a Service that we offer
will be discontinued or reach its End-of-Life ("EOL"). If that is the case,
those Services, or the specific feature, functionality, or aspect of that
Service, will no longer be supported by GoDaddy, in any way, effective on the
EOL date.
Notice and Migration. In the event that any Service we offer has reached or will
reach EOL, we will attempt to notify you thirty or more days in advance of the
EOL date. It is your responsibility to take all necessary steps to replace the
Service by migrating to a new Service before the EOL date, or by entirely
ceasing reliance on said Service before the EOL date. In either case, GoDaddy
will either offer a comparable Service for you to migrate to for the remainder
of the term of your purchase, a prorated in-store credit, or a prorated refund,
to be determined by GoDaddy in its sole and absolute discretion. GoDaddy may,
with or without notice to you, migrate you to the most up-to-date version of the
Service, if available. You agree to take full responsibility for any and all
loss or damage arising from any such migration. In the event that a feature,
functionality, or aspect of any Service we offer has reached or will reach EOL,
then we will attempt to notify you thirty or more days in advance of the EOL
date. However, if the Service maintains a least reasonably equivalent
functionality without such feature, functionality, or aspect, as determined by
GoDaddy in its sole and absolute discretion, GoDaddy will not be required to
offer a comparable feature or functionality for the Service or a refund.
No Liability. GoDaddy will not be liable to you or any third party for any
modification, suspension, or discontinuance of any of the (i) Services or (ii)
individual features, functionalities, or aspects of the Services we may offer,
provide or facilitate access to.
12. BETA SERVICES
From time to time, GoDaddy may offer new Services (limited preview services or
new features to existing Services) in a pre-release version. New Services, new
features to existing Services or limited preview services 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: (i) You acknowledge and agree that the Beta Services are
pre-release versions and may not work properly; (ii) You acknowledge and agree
that your use of the Beta Services may expose you to unusual risks of
operational failures; (iii) The Beta Services are provided as-is, so we do not
recommend using them in production or mission critical environments; (iv)
GoDaddy reserves the right to modify, change, or discontinue any aspect of the
Beta Services at any time; (v) 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; (vi) GoDaddy may limit availability of customer service support time
dedicated to support of the Beta Services; (vii) 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; (viii) You acknowledge and agree
that GoDaddy may track your browsing behavior, links clicked, items purchased,
your device type, and to collect various data, including analytics, about how
you use and interact with our Beta Services; (ix) 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 GoDaddy; (x) The Beta Services are provided “as is”, “as
available”, and “with all faults”.
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 GoDaddy. To the fullest extent
permitted by law, GoDaddy 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.
13. FEES AND PAYMENTS
You agree that your Payment Method may be charged by one of our affiliated
entities. If, during your purchase, your payment was identified as being
processed in the United States, your transaction will be processed by
GoDaddy.com, LLC; if your payment was identified as being processed in Canada,
your transaction will be processed by GoDaddy Domains Canada, Inc.; if your
payment was identified as being processed in the United Kingdom, your
transaction will be processed by GoDaddy Europe, Ltd.; if your payment was
identified as being processed in India, your transaction will be processed by
GoDaddy India Domains and Hosting Services India Pvt Ltd; if your payment was
identified as being process in Australia, your transaction will be process by
GoDaddy Online Services PTY Limited. If, during your purchase, your payment was
identified as being processed in a country that is not listed above, your
transaction may be processed by an entity within the disclosed country that is
affiliated with our local payment service provider, and subject to the
provisions of our Privacy Policy.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due
for Services at the time you order them. All amounts are non-refundable unless
otherwise noted in the Refund Policy.
Price Changes. GoDaddy reserves the right to change its prices and fees at any
time, and such changes shall be posted online at this Site and effective
immediately without need for further notice to you. If you have purchased or
obtained Services for a period of months or years, changes in prices and fees
shall be effective when the Services in question come up for renewal as further
described below.
Payment Types. Except as prohibited in any product-specific agreement, you may
pay for Services by using any of the following “Payment Methods”: (i) valid
credit card; (ii) “Good As Gold Prepaid Services” (defined below); (iii)
electronic payment from your personal or business checking account, as
appropriate (and as defined below); (iv) PayPal; (v) International Payment
Option (as defined below); (vi) via in-store credit balances, if applicable (and
as defined below); or (vii) any other method you use to pay for Services as
determined by GoDaddy in its sole and absolute discretion, each a “Payment
Method”. The “Express Checkout” feature automatically places an order for the
applicable Service and charges the default Express Checkout Payment Method for
your Account. Confirmation of that order will be sent to the email address on
file for your Account. Your Payment Method on file must be kept valid if you
have any active Services in your Account. In addition, you agree that the
location for the processing of your payments may change for any reason,
including the type of Payment Method chosen, the currency selected, or changes
or updates made to your Payment Method.
Refunds Issued. You agree that where refunds are issued to your Payment Method,
GoDaddy's issuance of a refund receipt is only confirmation that GoDaddy has
submitted your refund to the Payment Method charged at the time of the original
sale, and that GoDaddy has no control over when the refund will be applied
towards your Payment Method’s available balance. You further acknowledge and
agree that the payment provider and/or individual issuing bank associated with
your Payment Method establish and regulate the time frames for posting your
refund, and that such refund posting time frames may range from five (5)
business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider,
payment processor or individual issuing bank associated with your Payment Method
imposes any limitations on refunds, including but not limited to, limitations as
to the timing of the refund or the number of refunds allowed, then GoDaddy, in
its sole and absolute discretion, reserves the right to issue the refund either
(i) in the form of an in-store credit; (ii) via issuance of a GoDaddy check,
which will be sent to the mailing address on file for your Account; or (iii) in
some jurisdictions, as a bank transfer, when the payment processor cannot refund
back to the Payment Method. GoDaddy also has the right to offer an in-store
credit for customers seeking refunds, even if there are no limitations on
refunds imposed by the Payment Method.
Monthly Billing Date. If you are being billed on a monthly basis, your monthly
billing date will be based on the date of the month you purchased the Services,
unless that date falls after the 28th of the month, in which case your billing
date will be the 28th of each month.
Auto-Renewal Terms. Other than as required by applicable law, GoDaddy does not
retain hard copies or electronic versions of mandate, standing order or standing
instruction forms and/or any signed consents relating to your usage of our
automatic renewal services, and we are therefore unable to provide any such
document upon request. You may view or change your automatic renewal settings at
any time by logging into your GoDaddy account.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF
SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL UNLESS OTHERWISE
SPECIFIED ON THIS SITE. 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 (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL 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, GoDaddy 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, GoDaddy WILL AUTOMATICALLY
RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT
FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT OR YOUR
DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH GoDaddy. IN AUTOMATICALLY
RENEWING YOUR SERVICES, GoDaddy WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD
ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT. IN THE EVENT GoDaddy CANNOT
SUCCESSFULLY CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT
METHOD(S) DESIGNATED AS "BACKUP" IN YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT
GoDaddy’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR
LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE
RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR
ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE. 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 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
SERVICES, AND GoDaddy SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING
THE SAME.
IN ADDITION, GoDaddy MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT
UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY
DEPENDENT ON YOUR BANK’S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE
YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY
NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY
MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION
TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT
THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION
DATE, GoDaddy WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF.
GoDaddy MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD
INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO
MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I)
CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE
CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO
SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND GoDaddy SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason GoDaddy is unable to charge your Payment Method for the full
amount owed, or if GoDaddy receives notification of a chargeback, reversal,
payment dispute, or is charged a penalty for any fee it previously charged to
your Payment Method, you agree that GoDaddy may pursue all available lawful
remedies in order to obtain payment, including but not limited to, immediate
cancellation, without notice to you, of any domain names or Services registered
or renewed on your behalf. GoDaddy also reserves the right to charge you
reasonable “administrative” fees" for (i) tasks GoDaddy may perform outside the
normal scope of its Services, (ii) additional time and/or costs GoDaddy may
incur in providing its Services, and/or (iii) your noncompliance with this
Agreement (as determined by GoDaddy in its sole and absolute discretion).
Typical administrative or processing fee scenarios include, but are not limited
to (i) customer service issues that require additional personal time or
attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or
disputes that require accounting or legal services, whether performed by GoDaddy
staff or by outside firms retained by GoDaddy; (iii) recouping any and all costs
and fees, including the cost of Services, incurred by GoDaddy as the results of
chargebacks or other payment disputes brought by you, your bank or Payment
Method processor. These administrative fees or processing fees will be billed to
the Payment Method you have on file with GoDaddy.
GoDaddy may offer product-level pricing in various currencies. The transaction
will be processed in the selected currency and the pricing displayed during the
checkout process will be the actual amount submitted for payment. For certain
Payment Methods, the issuer of your Payment Method may charge you a foreign
transaction fee or other charge, which may be added to the final amount that
appears on your bank statement or post as a separate amount. Please check with
the issuer of your Payment Method for details. In addition, regardless of the
selected currency, you acknowledge and agree that you may be charged Value Added
Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or
taxes, based on your bank and/or the country indicated in your billing address
section.
(B) REFUND POLICY
Products and Services available for refunds are described here (“Refund
Policy”).
(C) GOOD AS GOLD PREPAID SERVICES
Service Details. By using Good As Gold Prepaid Services, you may transfer funds
to GoDaddy to fund your Good As Gold Prepaid Services account (“Good As Gold
Account”). You may then use your Good As Gold Account to purchase any Services.
You may fund your Good As Gold Account by wire transfer.
You acknowledge that funds transferred to your Good As Gold Account will be held
by GoDaddy and will not accrue or pay interest for your benefit. To the extent
any interest may accrue, you agree that GoDaddy shall be entitled to receive and
keep any such amounts to cover costs associated with Good As Gold Prepaid
Services.
You agree that all transactions using Good As Gold Prepaid Services will be
conducted in U.S. dollars.
Your Good As Gold Account must be funded on an initial basis with no less than
funds equivalent to $1,000.00 U.S. dollars.
All payments must be for the full amount required at purchase.
Wire Transfer Details. Wire transfers may be initiated in foreign currency to
fund your Good As Gold Account, however the natural currency of the GoDaddy bank
account is U.S. Dollars. Foreign currency wires will be automatically converted
and deposited in U.S. Dollars. Please note that exchange rate fees may apply.
You are responsible for all wire transfer fees, both incoming and outgoing,
associated with your Good As Gold Account. Any non-U.S. wire transfers may be
subject to fees by your bank, intermediary banks, or GoDaddy’s bank, which may
reduce the amount of the money received by GoDaddy’s bank and subsequently
funded into your Good As Gold Account. You hereby expressly authorize GoDaddy
(i) to reduce your Good As Gold Account by the amount of wire transfer fees
GoDaddy incurs in order to receive your funds; and/or (ii) to charge a
twenty-dollar ($20.00) service fee (“Service Fee”) in connection with the
termination of your Good As Gold Account. All fees are subject to change at any
time, and such changes shall be posted online and effective immediately without
need for further notice to you.
You can verify the remaining funds in your Good As Gold Account at any time
through your Account or the shopping cart. Should you decide to terminate your
Good As Gold Account (or should GoDaddy opt to terminate your Good As Gold
Account because you have breached an obligation under the Good As Gold Service
Agreement), then the balance in your Good As Gold Account will be refunded, net
the Service Fee.
Additional funds may be added to your Good As Gold Account at any time.
Your Use of Good As Gold Prepaid Services. Use of funds in your Good As Gold
Account can only be made through the GoDaddy purchase process at GoDaddy’s
website. Purchases may not be made unless there are sufficient, available funds
in your Good As Gold Account at the time of purchase to cover the entire
purchase amount, including any related fees as set forth herein or in other
relevant agreements.
(D) PAY BY CHECK (ELECTRONIC PAYMENT)
By using GoDaddy’s pay by check option (“Pay By Check”), you can purchase
GoDaddy Services using an electronic payment (from your personal or business
checking account (“Checking Account”), as appropriate). In connection, you agree
to allow a third-party check services provider, Certegy Check Services, Inc.,
(“Check Services Provider”) to debit the full amount of your purchase from your
Checking Account, which is non-refundable. Check Services Provider will create
an electronic funds transfer (“EFT”) or bank draft, which will be presented to
your bank or financial institution for payment from your Checking Account. The
Checking Account must be at a financial institution in the United States, and
payment must be in U.S. Dollars.
It is your responsibility to keep your Checking Account current and funded. You
agree that (i) Check Services Provider or GoDaddy reserve the right to decline a
transaction for any reason (including, but not limited to, payments that fail to
go through as a result of your Checking Account no longer existing or not
holding available/sufficient funds) and (ii) in such event, neither Check
Services Provider nor GoDaddy shall be liable to you or any third party
regarding the same. If for any reason Check Services Provider is unable to
withdraw the full amount owed for the Services provided, you agree that Check
Services Provider and GoDaddy may pursue all available lawful remedies in order
to obtain payment (plus any applicable fees). GoDaddy is not responsible for the
actions of Check Services Provider. You agree that if the EFT or bank draft is
returned unpaid, you will pay a service charge in accordance with the fees
permitted by law for each U.S. State. A help article describing the Check
Services Provider and outlining the service charges referenced above can be
found here. These fees may be debited from your Checking Account using an EFT or
bank draft. All fees are in U.S. Dollars.
GoDaddy and its service providers, including but not limited to Check Services
Provider and Complete Payment Recovery Services, Inc., may provide you with
notices, including by email, regular mail, SMS, MMS, text message, postings on
the services, or other reasonable means now known or hereafter developed. Such
notices may not be received if you violate these terms of service by accessing
the services in an unauthorized manner. Your agreement to these terms of service
constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed the services in an
authorized manner. Failure to receive such notices for any reason shall not
excuse any payment or other obligation to GoDaddy and Check Services Provider.
You further expressly authorize GoDaddy and its service providers, including but
not limited to Check Services Provider and Complete Payment Recovery Services,
Inc., and their affiliates to contact you, via auto-dialer, pre-recorded
messages, or any other method, on any of your mobile phone numbers or emails.
You further acknowledge that email addresses you provide are not shared,
accessed by others and are not employer-related email addresses.
(E) INTERNATIONAL PAYMENT OPTIONS
GoDaddy offers a variety of alternative international payment options through a
variety of International Payment Providers (“IPP”). In the event you select an
IPP, you represent that you have already agreed to any and all of the IPP’s
applicable customer service agreements in advance of completing your transaction
at GoDaddy. You also agree to allow the IPP to debit the full amount of your
purchase from the selected account or payment method, collectively “Funding
Sources”. In addition, you agree to allow the selected IPP to debit, if
applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or
charges applicable to your agreement with the IPP (collectively, the “IPP
Fees”), from your Funding Sources. You understand and agree that IPP Fees are
subject to change at any time by the IPP without notice to you by GoDaddy.
It is your responsibility to keep your Funding Sources current and funded. You
agree that (i) the IPP or GoDaddy reserve the right to decline a transaction for
any reason and (ii) neither the IPP nor GoDaddy shall be liable to you or any
third party regarding the same. You acknowledge that GoDaddy will not attempt to
fulfill the Services purchased by you until GoDaddy receives confirmation of
payment from the IPP through its associated payment processor. You acknowledge
there may be a gap of several hours or days between the time you place an order
and the time the IPP confirms payment through its associated payment processor.
If GoDaddy does not receive confirmation of payment from the IPP through its
associated payment processor within thirty (30) days from when the order is
placed, your order may be cancelled, at which time you will need to commence the
purchase process again. In the event that you would like to cancel payment for a
pending transaction, you may cancel the order through your GoDaddy account.
Payments received on previously cancelled orders will be automatically refunded
to the original Payment Method when possible.
If, at the time GoDaddy receives confirmation of payment from the IPP (through
its associated payment processor), either (i) the Services (including domain
names) are no longer available for purchase; or (ii) a pending order has been
cancelled in our systems; or (iii) the confirmation of payment does not match
the dollar amount of the pending order, and as a result your purchase is either
over-funded or under-funded, GoDaddy may automatically issue a partial refund
(in the case of over-funding) or a full refund (in the case of under-funding) to
your Funding Source. If the IPP (or its associated payment processor) imposes
refund limitations of any kind, GoDaddy reserves the right to issue refunds to
an in-store credit balance or as a bank transfer, when the payment processor
cannot refund back to the Payment Method. If you receive a full refund, you will
need to begin the purchase process again. You agree that the IPP reserves the
right not to refund IPP Fees associated with a refunded transaction.
Accordingly, any refunds issued by GoDaddy will be net of the IPP Fees unless
otherwise specified.
(F) IN-STORE CREDIT BALANCES
In the event that your Account contains an in-store credit balance: (1) you may
apply any available credit balance to any future purchase in your Account; and
(2) you authorize GoDaddy to apply any available credit balance to any
outstanding administrative fees, chargebacks, or other fees related to your
Account. In the event that GoDaddy is unable to successfully charge either the
Payment Method associated with a specific Service in your account or your backup
Payment Methods when processing Service renewals, GoDaddy may use any available
in-store credit balance if there are enough funds to cover the entire
transaction. Regardless of the amount of in-store credit available in your
account, GoDaddy is not responsible for the loss of products resulting from an
inability to collect funds from your Payment Methods or the in-store credit.
In-store credits will be applied based on the currency selected in the shopping
cart at the time of purchase (or renewal). If you have more than one in-store
credit, then the credits will be processed according to the age of the credit,
with the oldest in-store credit being applied first. If additional funds are
required to complete the purchase or renewal, credits held in a non-selected
currency will be converted using GoDaddy’s daily exchange rate based on the age
of the credit (oldest to newest) until (i) enough funds are allocated to
complete the transaction, or (ii) there is no available balance left in your
account. You understand and agree that at the time of conversion, GoDaddy may
also impose an additional administrative fee.
You can verify your available in-store credit balance at any time through your
Account on the GoDaddy website. You acknowledge that in-store credit balances
are non-transferable, may only be used in the Account in which they were
acquired and may expire. Complimentary in-store credits will expire two years
after issuance or within any other time period GoDaddy may specify in your
Account. In the event that GoDaddy terminates your Account, you acknowledge and
agree that any remaining available in-store credit balance will be forfeited.
You also acknowledge that funds available in your in-store credit balance will
be held by GoDaddy and will not accrue or pay interest for your behalf. To the
extent any interest may accrue, you agree that GoDaddy is entitled to receive
and keep any such amounts to cover costs associated with supporting the in-store
credit balance functionality.
(G) EXPIRED DOMAIN NAME PURCHASES
For expired domain names purchased through your account, you agree that you are
responsible for payment within forty-eight (48) hours of auction close for the
successful bid amount plus the one (1) year renewal or transfer fee (from the
end of the domain name’s previous registration period), plus ICANN fee, if
applicable, or any valid payment method associated with the account, will be
charged on the third day following the auction close. If we are unable to
collect payment, you may lose the rights to purchase the domain name.
(H) ROUND UP FOR CHARITY
If you participate in Round Up for Charity, you hereby authorize GoDaddy to
either 1) donate an amount selected by you, or 2) round up your transaction to
the nearest dollar and donate 100% of the difference, to a small business relief
fund (“Donation”). GoDaddy will take reasonable steps to ensure your Donation is
properly disbursed, in our sole discretion, to qualifying small businesses
negatively impacted by the COVID-19 pandemic and will not withhold any Donation
made by you through Round Up For Charity. You understand your Donation is not
eligible for a refund or in-store credit.
(I) BUY NOW PAY LATER OPTIONS
Use of a “buy now pay later” option such as an installment payment or financing
is subject to the following terms and conditions. You acknowledge and agree that
GoDaddy shall not be liable to you or any third party regarding any interest,
late fee, other amount, collection effort, or change in credit score that arises
out of or relates to the buy now pay later option. You further agree that
repayment of a buy now pay later option may be governed by your agreement with a
third party. Any representation that GoDaddy makes regarding a repayment term
related to a buy now pay later option is for convenience only. A repayment term
such as a required down payment, late fee, or interest might vary or be subject
to change, and is in the control of a third party. Notwithstanding the
foregoing, GoDaddy shall not be responsible or otherwise liable to you or any
third party for disclosing or failing to disclose any repayment term, which you
are responsible for determining.
Certain installment payment options will only apply to a selected Service term,
which may auto-renew for the full amount unless you manually renew the Service
term with a subsequent installment payment.
(J) GENERAL TERMS REGARDING PAYOUTS FROM GODADDY
GoDaddy will make any payment(s) owed to you to the payment method of your
choice, subject to the terms below (“Payout(s)”). In order to receive a Payout
from GoDaddy, you will need to set up a payee and assign it to your account.
Set up a Payee Account
Fees. A list of supported payment methods, applicable fees, and minimum payment
thresholds are published here:
Payee Account Information
If for any reason GoDaddy is unable to process your Payout for the full amount
owed, or if GoDaddy receives notification of a reversal or payment dispute, or
is charged a penalty for any Payout, you agree that GoDaddy may pursue all
available lawful remedies regarding such fees. Typical administrative or
processing fee scenarios include, but are not limited to recouping any and all
costs and fees, including the cost of Services, incurred by GoDaddy as the
result of failed Payouts or other payment disputes brought by you, your bank or
Payout processor. These administrative fees or processing fees will be deducted
from any amounts due or directly debited from your Payout account.
Fee Changes. GoDaddy reserves the right to change its prices and fees at any
time, and such changes shall be posted online at this Site and effective
immediately without need for further notice to you.
14. ADDITIONAL RESERVATION OF RIGHTS
GoDaddy expressly reserves the right to deny, cancel, terminate, suspend, lock,
or modify access to (or control of) any Account or Services (including the right
to cancel or transfer any domain name registration) for any reason (as
determined by GoDaddy in its sole and absolute discretion), including but not
limited to the following: (i) to correct mistakes made by GoDaddy in offering or
delivering any Services (including any domain name registration), (ii) to
protect the integrity and stability of, and correct mistakes made by, any domain
name registry or registrar, (iii) to assist with our fraud and abuse detection
and prevention efforts, (iv) to comply with court orders against you and/or your
domain name or website and applicable local, state, national and international
laws, rules and regulations, (v) to comply with requests of law enforcement,
including subpoena requests, (vi) to comply with any dispute resolution process,
(vii) to defend any legal action or threatened legal action without
consideration for whether such legal action or threatened legal action is
eventually determined to be with or without merit, (viii) to avoid any civil or
criminal liability on the part of GoDaddy, its officers, directors, employees
and agents, as well as GoDaddy's affiliates, including, but not limited to,
instances where you have sued or threatened to sue GoDaddy, or (ix) to respond
to an excessive amount of complaints related in any way to your Account, domain
name(s), or content on your website that could result in damage to GoDaddy’s
business, operations, reputation or shareholders.
GoDaddy expressly reserves the right to review every Account for excessive space
and bandwidth utilization, and to terminate or apply additional fees to those
Accounts that exceed allowed levels.
GoDaddy expressly reserves the right to terminate, without notice to you, any
and all Services where, in GoDaddy's sole discretion, you are harassing or
threatening GoDaddy and/or any of GoDaddy's employees.
GoDaddy Content. Except for User Content, the content on this Site and the
Services, including without limitation the text, software, scripts, source code,
API, graphics, photos, sounds, music, videos and interactive features and the
trademarks, service marks and logos contained therein (“GoDaddy Content”), are
owned by or licensed to GoDaddy in perpetuity, and are subject to copyright,
trademark, and/or patent protection in the United States and foreign countries,
and other intellectual property rights under United States and foreign laws.
GoDaddy Content is provided to you “as is”, “as available” and “with all faults”
for your information and personal, non-commercial use only and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any purposes whatsoever without the
express prior written consent of GoDaddy. No right or license under any
copyright, trademark, patent, or other proprietary right or license is granted
by this Agreement. GoDaddy reserves all rights not expressly granted in and to
the GoDaddy Content, this Site and the Services, and this Agreement do not
transfer ownership of any of these rights.
15.NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to
and from our web servers for indications of spamming and maintain a spam abuse
complaint center to register allegations of spam abuse. Customers suspected to
be using our products and services for the purpose of sending spam are fully
investigated. If we determine there is a problem with spam, we will take the
appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited
Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile
sent to recipients as an advertisement or otherwise, without first obtaining
prior confirmed consent to receive these communications. This can include, but
is not limited to, the following:
1. Email Messages
2. Newsgroup postings
3. Windows system messages
4. Pop-up messages (aka "adware" or "spyware" messages)
5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
6. Online chat room advertisements
7. Guestbook or Website Forum postings
8. Facsimile Solicitations
9. Text/SMS Messages
We will not allow our servers and services to be used for the purposes described
above. In order to use our products and services, you must not only abide by all
applicable laws and regulations, which include the Can-Spam Act of 2003 and the
Telephone Consumer Protection Act, but you must also abide by this no spam
policy. Commercial advertising and/or bulk emails or faxes may only be sent to
recipients who have "opted-in" to receive messages. They must include a
legitimate return address and reply-to address, the sender's physical address,
and an opt-out method in the footer of the email or fax. Upon request by us,
conclusive proof of opt-in may be required for an email address or fax number.
If we determine the account, products, or services in question are being used in
association with spam, we may re-direct, suspend, or cancel any account, web
site hosting, domain registration, email boxes, or other applicable products or
services. In such event, at our election, we may require you to respond by email
to us stating that you will cease to send spam and/or have spam sent on your
behalf and to require a non-refundable reactivation fee to be paid before the
site, email boxes, and/or services are reactivated.
We encourage all customers and recipients of email generated from our products
and services to report suspected spam. Suspected abuse can be reported by email
or through our Spam Abuse Complaint Center on the Web. Web: report abuse.
Liquidated Damages. You agree that we may immediately terminate any Account
which we believe, in our sole and absolute discretion, is transmitting or is
otherwise connected with any spam or other unsolicited bulk email. In addition,
if actual damages cannot be reasonably calculated then you agree to pay us
liquidated damages in the amount of $1.00 for each piece of spam or unsolicited
bulk email transmitted from or otherwise connected with your Account.
16. TRADEMARK AND/OR COPYRIGHT CLAIMS
GoDaddy supports the protection of intellectual property. If you would like to
submit (i) a trademark claim for violation of a mark on which you hold a valid,
registered trademark or service mark, or (ii) a copyright claim for material on
which you hold a bona fide copyright, please refer to GoDaddy’s Trademark and/or
Copyright Infringement Policy referenced above and available here.
17. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party
websites that are not owned or controlled by GoDaddy. GoDaddy assumes no
responsibility for the content, terms and conditions, privacy policies, or
practices of any third-party websites. In addition, GoDaddy does not censor or
edit the content of any third-party websites. By using this Site or the Services
found at this Site, you expressly release GoDaddy from any and all liability
arising from your use of any third-party website. Accordingly, GoDaddy
encourages you to be aware when you leave this Site or the Services found at
this Site and to review the terms and conditions, privacy policies, and other
governing documents of each other website that you may visit.
18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE
SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE
SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL
FAULTS”. GoDaddy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD
PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GoDaddy, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (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, AND/OR (III) THE SERVICES FOUND AT THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, AND GoDaddy ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY GoDaddy, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE
REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR
FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE
OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH
INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 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.
19. LIMITATION OF LIABILITY
IN NO EVENT SHALL GoDaddy, 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 GoDaddy IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL
GoDaddy’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.
20. INDEMNITY
You agree to protect, defend, indemnify and hold harmless GoDaddy and its
officers, directors, employees, agents, and third party service providers from
and against any and all claims, demands, costs, expenses, losses, liabilities
and damages of every kind and nature (including, without limitation, reasonable
attorneys’ fees) imposed upon or incurred by GoDaddy directly or indirectly
arising from (i) your use of and access to this Site or the Services found at
this Site; (ii) your violation of any provision of this Agreement or the
policies or agreements which are incorporated herein; and/or (iii) your
violation of any third-party right, including without limitation any
intellectual property or other proprietary right. The indemnification
obligations under this section shall survive any termination or expiration of
this Agreement or your use of this Site or the Services found at this Site.
21. COMPLIANCE WITH LOCAL LAWS
GoDaddy makes no representation or warranty that the content available on this
Site or the Services found at this Site are appropriate in every country or
jurisdiction, and access to this Site or the Services found at this Site from
countries or jurisdictions where its content is illegal is prohibited. Users who
choose to access this Site or the Services found at this Site are responsible
for compliance with all local laws, rules and regulations.
22. 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 GoDaddy, 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
GoDaddy arising under or relating to any GoDaddy Services or Products, GoDaddy’s
websites, these Terms, or any other transaction involving you and GoDaddy,
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
GoDaddy AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY
CLAIM OR CAUSE OF ACTION BY YOU OR GoDaddy 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 GoDaddy 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 19 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 GoDaddy 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 GoDaddy must be addressed to: GoDaddy, 2155 E.
GoDaddy Way, Tempe, AZ 85284, Attn.: Legal Department (the “GoDaddy 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 GoDaddy
and you do not reach an agreement to resolve the Dispute within sixty (60) days
after the Dispute Notice is received, you or GoDaddy 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 GoDaddy 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 GoDaddy 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 OR 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 19 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 Maricopa County, Arizona, at
your option.
(G) Initiation of Arbitration Proceeding. If either you or GoDaddy 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 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 GoDaddy or you shall not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or GoDaddy 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 $75,000.00 or less. GoDaddy will promptly reimburse your
filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject
GoDaddy’s last written settlement offer made before the arbitrator was appointed
(“GoDaddy’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 GoDaddy’s last written offer, GoDaddy will: (i) pay the greater of the
award or $1,000.00; (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 GoDaddy agree on them.
ii. Disputes involving more than $75,000.00. 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, GoDaddy
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 GoDaddy commences, GoDaddy will pay
all filing, AAA, and arbitrator’s fees and expenses. GoDaddy 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 GoDaddy 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 GoDaddy’s Universal Terms of Service
Agreement.” By providing your information in the method above, you are opting
out of the agreement to arbitrate contained in GoDaddy's Universal Terms of
Service. Your opt-out request will only be valid if made within thirty (30) days
of first accepting the Universal Terms of Service. In the event that you opt-out
consistent with the procedure set forth above, all other terms 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 GoDaddy agree that if GoDaddy makes any future amendments
to the dispute resolution procedure and class action waiver provisions (other
than a change to GoDaddy’s address) in these Terms, GoDaddy 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. GoDaddy 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 Superior Court of Maricopa
County, Arizona, or the United States District Court for the District of
Arizona, 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.
23. UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance (a
credit positive balance) for three (3) years or more for any reason, and (i)
GoDaddy is unable to issue payment to such customer or (ii) GoDaddy issued
payment to such customer in the form of a paper check, but the check was never
cashed, then GoDaddy shall turn over such account balance to the State of
Arizona in accordance with state law. You acknowledge and agree that in either
case (i) or (ii) above, GoDaddy may withhold a dormancy charge in an amount
equal to the lesser of $25.00 or the total outstanding account balance
associated with such customer.
24. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns.
25. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits.
26. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws,
restrictions, regulations and administrative acts of the United States
Department of Commerce, Department of Treasury Office of Foreign Assets Control
(“OFAC”), State Department, and other United States authorities (collectively,
“U.S. Export Laws”). Users shall not use the Services found at this Site to
collect, store or transmit any technical information or data that is controlled
under U.S. Export Laws. Users shall not export or re-export, or allow the export
or re-export of, the Services found at this Site in violation of any U.S. Export
Laws. None of the Services found at this Site may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) any country
with which the United States has embargoed trade; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Denied Persons List, or any other denied parties lists
under U.S. Export Laws. By using this Site and the Services found at this Site,
you agree to the foregoing and represent and warrant that you are not a national
or resident of, located in, or under the control of, any restricted country; and
you are not on any denied parties list; and you agree to comply with all U.S.
Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export”
regulations). If you access this Site or the Services found at this Site from
other countries or jurisdictions, you do so on your own initiative and you are
responsible for compliance with the local laws of that jurisdiction, if and to
the extent those local laws are applicable and do not conflict with U.S. Export
Laws. If such laws conflict with U.S. Export Laws, you shall not access this
Site or the Services found at this Site. The obligations under this section
shall survive any termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
27. 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.
28. 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.
29. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or
regular mail at the following address:
GoDaddy Legal Department
2155 E. GoDaddy Way
Tempe, AZ 85284
legal@godaddy.com
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