Registration Agreement

Registration and Service Agreement

Revised January 7, 2021

1.0 INTRODUCTION

This Agreement sets forth the general terms and conditions of your use of the Uniregistry.com website (the "Site"), the products and services purchased or accessed through this Site (individually and collectively, the "Services"), and is made effective as of the date of your use of this Site or the date of electronic acceptance. 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.

1.1 Parties

In this Agreement, "Registrant", "you", "your" or “User” refers to the holder of an Account with us and to the Registrant of each domain name registered with us. "We", "us," "our" and “GoDaddy” refers to GoDaddy Online Services Cayman Islands d/b/a Uniregistry. For domain names registered through the Site, the following entities (a) Uniregistrar Corp., a corporation of the Cayman Islands, (b) Uniregistry Ltd., a corporation of Canada solely in relation to .ca ccTLD domain names, and (c) Uniregistry Ltd., a corporation of the United Kingdom and authorized registration service reseller of Uniregistrar Corp., in relation to services provided to customers domiciled in the Cayman Islands; all collectively trading as "Uniregistry" and/or "Uniregistry.com" each provide registration services as an accredited domain registrar under this Agreement. For domain names registered through an authorized registration service reseller, "we", "us" and "our" refer to such registration service reseller in relation to provisions hereof concerning access to your account and direct services to you, and to Uniregistry or GoDaddy, solely in its capacity as accredited domain registrar for domain names registered on your behalf through such authorized registration service reseller.

1.2 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.

1.3. 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.

1.4 Registrar Services

We will request and record your agreement to these terms upon the occurrence of certain account actions or purchases involving domain name registrations in accordance with the terms of our accreditation with the respective Registry or accreditation authority. By agreeing to the terms and conditions of domain registration set forth in this Agreement, you also agree to be bound by the rules and regulations set forth by the Registry administrator of the applicable top-level domain.

1.5 Other Services

By the act of purchasing, registering for, or otherwise enrolling in other services provided by us, you agree to be bound by these terms whether or not such agreement is expressly requested or recorded apart from such purchase, registration or enrollment transaction, the record of which transaction shall constitute the record of your agreement to the applicable terms of this Agreement.

2. DOMAIN REGISTRATION

2.1 Registries and Registration Authorities

We provide Registrar Services in accordance with the terms of our accreditation to do so by the top-level domain ("TLD") Registries and applicable registration authorities (e.g. those established by ICANN, the Internet Corporation for Assigned Names and Numbers; country-code TLD administrators; or providers of subdomain registration services). The Registrar Services we may offer in a TLD are necessarily defined and limited by the scope of the terms of our accreditation by such Registries and authorities. Your agreement to our Registrar Services is subject to the terms, limitations, policies and other rules as are established and maintained by such Registries and authorities. It is important for you to be aware of what Registry or registration authority rules may or may not apply to your domain registration.

Many Registries mandate the inclusion of various terms and conditions be applied to domain names in their respective TLDs. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable Registry, the term, condition, policy or procedure of the applicable Registry shall prevail. These terms, and the conditions of our accreditation in various TLDs, have important provisions in them relating to dispute policies, conditions of use, and personal data retention requirements.

Terms mandated by various TLD registries are set forth or linked to https://uniregistry.com/legal/tld-terms and are incorporated into this Agreement in full. Your domain registration shall be subject to the Registry terms and policies whether or not such terms are expressly stated at Uniregistry.com

2.2 Selection of Domain Name

You are responsible for your selection of a domain name and determining whether you have a legal right to use it for your intended purpose. We may suggest alternative or additional domain names. Such automated suggestions are not a representation on our part that you have a right to use any such domain name.

You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of your application. You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which you intend to use it, infringes upon the legal rights of a third party and further, that the domain name is not being registered for, nor shall it at any time whatsoever be used for, any unlawful purpose. Pursuant to applicable law and policies, you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law. Such laws and policies may result in consequences for such activities including suspension of the domain name.

You acknowledge that your selection of our services in no way provides you with superior access to any domain name registry, including those with which we have shared ownership, partnership or other business arrangements, compared to that of any other registrar accredited for that registry; and that your selection of our services was in no way premised on any representation made by us to that effect.

2.3 Fees

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, 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.

As consideration for the Services, you agree to pay the applicable fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term.

A list of our current fees, exclusive of any discount or promotional offer, is posted at https://uniregistry.com/pricing. They are also subject to change. The fee charged by us for any transaction shall be that currently posted at https://uniregistry.com/pricing at the time the transaction is initiated.

Our fees are further subject to Registry pricing policies in relation to Registries which have variable pricing in relation to certain TLDs or domains within them (e.g. among "premium" and "non-premium" domains or other variable pricing criteria).

2.4 Term

This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. In the event that you materially breach any term of this Agreement and such breach is not cured within seven (7) calendar days after written notice is given to you by us, then we may, by written notice, terminate this Agreement as of the date specified in the notice of termination. We also may also choose to terminate this agreement, at our convenience, and disallow renewal of any domain name with us, by giving you written notice of our intent to terminate. Termination for convenience will be effective one (1) year after notice is provided, and you will be required to transfer the sponsorship of any domain name registration with us to another ICANN-accredited registrar, in compliance with any procedures established or approved ICANN, before the name is scheduled for renewal.

2.5 Your Account and Profile Settings

As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Profile Settings"). You represent that the Profile Settings and all other statements used in your registration application are true, complete, accurate, and authorized by the Registrant. We and each Registry reserve the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable.

You acknowledge that a breach of this section will constitute a material breach of our Agreement, which will entitle either us or a Registry to terminate this Agreement immediately upon such breach without any refund and without notice to you. Failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and constitute a sufficient basis for cancellation of the domain name registration.

You agree to safeguard your account access information, such as your user name and password, against any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your login and password. In the event your account access or service information relies upon credentials generated or managed by a third party account access provider (e.g. two-factor identification systems, social media login credentials) which you provide to us, it is your responsibility to safeguard and maintain such credentials, and we will not be responsible for misuse of those credentials as a consequence of a breach of your third party account access provider.

2.6 Domain Name Disputes, In General

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable Registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name, we may, in our sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, we may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.

You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to the applicable TLD registry policy or rule, ICANN or government-adopted requirement; or pursuant to any registrar or registry procedure not inconsistent with a registry, ICANN or government-adopted requirement, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.

You agree that, in the event of a dispute in relation to a domain name, that we may assess a dispute administrative fee of $50 per domain in addition to any costs and fees incurred by us (see “Indemnity") and effectively charge such fees at our sole discretion.

2.7 Agency

Should you intend to license use of a domain name to a third party, or to maintain a domain name within your account for such third party, you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm. You represent that you are authorized by and have the capacity to bind any third party on whose behalf you represent, to the terms and conditions in this Agreement.

2.8 Transfer of Services

The person named as Registrant on the WHOIS shall be the registered name holder. You agree that prior to transferring registration of your domain name to another person (the "Transferee") you shall require the Transferee to agree to be bound by all the terms and conditions of this Agreement. If, in our sole discretion, the Transferee fails to be bound in a reasonable fashion to the terms and conditions in this Agreement, any such transfer will be null and void. Such failure may include failure to provide or verify contact information and/or to fail to signify agreement to these terms.

The Account holder shall additionally be a designated agent for the registered name holder for the purpose of confirming compliance with these terms and for authorizing transfers of domain name(s) held within the account in accordance with the ICANN Transfer Policy [1]. As an Account holder, you warrant that you are authorized to confirm updates and changes as designated agent for the registered name holders of names registered within your account. The Account holder's agency shall be authoritative for the purposes of (a) confirming transfers of domain names held in the account among registrants and designation of WHOIS contacts, (b) opting to utilize or not utilize any optional lock period incident to transfers of domain names among registrants on whose behalf domain name(s) are held within the account, and (c) approving and confirming receipt of domain name(s) transferred to the account from another account within GoDaddy, or transferred into the account from another registrar. Domain name(s) listed in the Uniregistry Marketplace shall further be subject to the transfer agency provisions of the Uniregistry Marketplace Terms [2].

2.9 Renewal And Expiration Policy And Fees

The expiration policy set forth in this section is our default policy applied to generic TLD domain name registrations. Various TLD registries may have policies which differ from this default expiration policy. Some TLD registries may have additional, or different, post-expiration terms, conditions or policies, which may provide different or no mandatory post-expiration redemption opportunities. In the event your domain name is subject to a post-expiration redemption opportunity provided by the registry, an additional Restore Fee may apply, as listed at https://uniregistry.com/pricing. The relevant TLD registry operators and their applicable policies are identified in the TLD-specific additional terms hereof.

We will send you at least two reminders by email, in accordance with your email contact information provided to us, starting at approximately 30 days prior to the expiration of your registration. The reminders will invite you to renew your domain name and specify the expiration date of your domain name. It is important for you to keep your contact information updated with us, so that you will receive these reminders. We are not responsible for non-delivery of reminders to you arising from your failure to maintain a current and operable email address, including an email address which uses the expiring domain name.

All new GoDaddy accounts have default settings with automatic renewal enabled. You authorize us to automatically renew your domain name prior to expiration, and to pay the prevailing fee at the time of such renewal using the default payment instrument for your account or any balance otherwise owed to you. You are responsible for maintaining such information to be current and correct, and updating it if necessary, prior to the time we attempt to renew the service.

We will attempt to charge your default payment instrument approximately 30 days prior to the expiration of the service. You will be notified by email of the pending automatic renewal charges approximately 5-7 days prior to being charged. If the charge attempt fails, we will also attempt to notify you in the same manner that we send other reminders. In no event shall we be held liable for failure of automatic renewal payment as a consequence of your failure to maintain updated payment information or as a consequence of policies, procedures, or errors by the issuer of your payment instrument or payment service provider.

If you do not wish to have your domains enabled for automatic renewal, it is solely your responsibility to cancel automatic renewal prior to our attempt to renew your service. No refund of payments will be issued for failure to cancel automatic renewal prior to being charged.

In the event that you fail to renew your domain name prior to its expiration, your registration will expire as of its expiration date and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or transfer it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration or transfer to another party.

When your domain name registration expires, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may feature advertisements posted by us for our own account. Additionally, any email addresses associated with the domain name may cease to function.

If we have elected to maintain the domain name beyond expiration, we will provide you with a grace period of thirty (30) days during which you may renew the domain name. During this grace period, we may assign nameserver designations for the domain name, revise the registration data to indicate the domain name is in an expired status, or modify available content via the domain name. The domain name also may be listed and promoted as available for auction. If the name is sold during any such auction, it will be acquired by the prevailing party and will not remain available for renewal by you after our stated grace period. After the grace period, if the domain is available for renewal, an additional late renewal fee may apply. Fees for domain name Renewal, Late Renewal, and the Restore Fee for redemption of expired domain names, if applicable, are posted in our fee schedule at https://uniregistry.com/pricing.

2.10 Registrant-Requested Deletion

Provided a domain name is not being maintained in a locked status pursuant to a dispute, transfer, or other status inconsistent with cancellation thereof, in the event you request cancellation of the domain name registration, we will place the domain name in a status indicating it is subject to deletion prior to (a) submitting the domain name to the applicable Registry cancellation or deletion process or (b) allowing the registration term to expire. In the event of a dispute prior to cancellation or expiration of the domain name, you will be identified as the registrant.

2.11 Your Information

As part of the registration process, and to comply with applicable ICANN and Registry policies, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (a) your name, postal address, e-mail address, and voice and fax (if available) telephone numbers; (b) the domain name being registered; (c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; (d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and (e) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name. Failure to respond to inquiries from us in connection with this required information may result in termination of services to you.

You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.

2.12 Revocation

We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of our operations and of any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, to address fraudulent payments or identity theft, to avoid any liability, civil or criminal or in response to abusive, threatening or harassing communications directed to us or any of our employees or agents in the scope of their employment. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration under this section.

3. Other Services

3.1 Privacy.Link™ WHOIS Privacy Service

You opt in to the Privacy.Link™ service for a specific domain name only by enabling Privacy.Link inside the domain configuration interface of your account with Uniregistry.com or your authorized registration service reseller. When you enable Privacy.Link for your domain name registration, we will identify you by a unique customer number when we publish your registration and contact information in the Whois.

By using Privacy.Link™ you authorize us to accept communications intended for you, review and filter such correspondence, and forward that correspondence to you at the contact address you have provided to us. We will accept email on your behalf at email addresses we operate, and we will accept postal mail at the address specified in the WHOIS data for your domain name registration. We will forward email to your email address and up to 25 pages of postal mail will be scanned into electronic form and made available to you either by email or by an upload to the user section of your account. We cannot guarantee that every email or postal communication intended to be sent to the contact information provided by us will be received or delivered; nor can we be held responsible for the content of third-party communications sent to you.

Privacy.Link™ is intended to protect you from spam, unsolicited commercial email, and similar unwanted solicitations. Privacy.Link™ is not intended to shield you from legal liability or provide you unconditional anonymity in your use of your domain name. You will at all times remain legally responsible for your domain name and the manner in which it is used, and you remain subject to the provisions of the Uniregistry.com Registration and Service agreement concerning accuracy of your underlying contact information. Your Privacy.Link™ service may be removed, and your domain registration data displayed in the Whois database in the event that your contact information is inaccurate and, at our sole discretion, (i) if a third party claims that your domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid; (ii) to comply with any applicable laws, government rules or requirements, ICANN policies or requirements, subpoenas, court orders, requests of law enforcement or government agencies as further described below; or (iii) in response to legal action against us that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party's legal rights.

No third-party rights are intended by these terms. Absent extraordinary circumstances will receive abuse reports relating to Privacy.Link™ names and forward them to the registered name holder. We will further terminate Privacy.Link™ services upon receipt of a complaint under the Uniform Domain Name Dispute Resolution Policy, receipt of an order to do so endorsed and served through the Grand Court of Cayman, and in response to investigative subpoenas from law enforcement authorities coordinated with the Royal Cayman Islands Police Service.

3.2 Transfer.Link™ Automated Domain Transfer Service

By using the Transfer.Link™ Automated Domain Transfer Service you represent (a) that you are authorized to access the specified account and (b) that you appoint us as your agent in the initiation, approval, and completion of transfer of a domain name from its sponsoring registrar to us. We accept such appointment upon your provision to us of your account access information at the sponsoring registrar, and you authorize us to access such account on your behalf and to issue on your behalf any Form of Authority as may be required for the purpose of transferring any domain name accessible thereby to our sponsorship. You will at all times remain responsible for (a) ensuring that any domain name submitted to the Transfer.Link™ service is in condition for transfer in accordance with ICANN Inter-Registrar Transfer Policy [3], (b) compliance with any requirement of the sponsoring registrar in relation to your authorization to access your account on your behalf, and (c) issuing any requisite acknowledgement, response or further action as may be required in order to complete the requested transfer.

3.3. Documents.Link™ Document Upload and Storage Service

Documents.Link™ provides storage, retrieval, management and access functions for your documents. By using the Documents.Link™, you are directing us to store, manage, and provide access to your documents on your behalf. You may use this service only to store, retrieve, manage, and access your documents using the features and functionality we make available. You may not use Documents.Link™ to store, transfer or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to resell any part of the service. You are solely responsible for your documents and for complying with all applicable copyright and other laws, licenses or agreements to which you are bound. You must ensure that your documents are free from malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. You may only use Documents.Link services in connection with your GoDaddy account. You are solely responsible for maintaining appropriate security and protection of your documents.

3.4 Configuration of Third Party Services

We provide automated configuration services for third-party provider blogs, social media platforms, web hosting services, and other third-party services. By using our automated configuration services, you represent (a) that you are authorized to access the specified account and (b) that you appoint us as your agent to access the account in order to perform the requested service configuration on your behalf. We accept such appointment upon your provision to us of your account access information, and you agree to our configuration changes to be made to your third-party service account. You will at all times remain solely responsible for ensuring that you comply with any applicable terms of your third-party service provider. We cannot guarantee that such configuration services will remain compatible with future versions of such third party services, and we will not be responsible for discontinuation of compatibility with such third party services as a consequence of updates, changes, or discontinuation of features provided by such third parties.

3.5 UniSSL Certificates

UniSSL Certificates are offered through Uniregistry.com as reseller for Sectigo Ltd. and are subject to the terms of service and user warranties provided by Sectigo Ltd. with Uniregistry.com as reseller thereof. The terms of service are posted at https://sectigo.com/uploads/files/Certificate-Subscriber-Agreement-v2.1.pdf.

A UniSSL Certificate is deemed issued and non-refundable once it has been activated by you in connection with at least one domain name. If the certificate has not been issued, your purchase of a UniSSL Certificate can be refunded within 20 business days of the purchase date. After this time no refunds are available. Uniregistry.com will provide technical support up to and including the activation process. Uniregistry.com cannot provide technical support to address ins tallation issues for third-party hosting providers. It is therefore your sole responsibility to install the certificate on the website(s) server associated with the domain name(s) and/or seek the support of the relevant hosting service provider if necessary. Further support is also available at https://sectigo.com/support.

4. GENERAL TERMS

4.1 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.

4.2 Discontinued services; end of life policy

GoDaddy reserves the right to cease offering or providing any 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, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or 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.

No Liability. GoDaddy will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

4.3 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.

4.4 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.

4.5 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.

4.6 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.

4.7 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, 14455 N. Hayden Rd., Scottsdale, AZ 85260, 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 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 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 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 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.

4.8 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.

4.9 No third-party beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

4.10 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.

4.11 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.

4.12 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.

4.13 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

14455 North Hayden Rd.

Suite 219

Scottsdale, AZ 85260

legal@godaddy.com