godaddy terms & conditions

8/3/2019 GODADDY Terms & Conditions

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C L O S E W I N D O W P R I N T

GO DADDY DOMAIN NAME REGISTRATION AGREEMENT Last Revised: September 2, 2011

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT

INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Domain Name Registration Agreement (this "Agreement") is entered into by andbetween GoDaddy.com, Inc., a/an Arizona corporation or in the event of a .ca domain name,

by and between Go Daddy Domains Canada, Inc., a British Columbia corporation, each ("GoDaddy") and you, and is made effective as of the date of electronic acceptance. ThisAgreement sets forth the terms and conditions of your use of Go Daddy's domain nameregistration services ("Domain Name Registration Services" or the "Services").

Your electronic acceptance of this Agreement signifies that you have read, understand,acknowledge and agree to be bound by this Agreement, along with Go Daddy's Universal Terms of Service Agreement, which is incorporated herein by reference.

The terms "we", "us" or "our" shall refer to Go Daddy. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement. Unlessotherwise specified, nothing in this Agreement shall be deemed to confer any third-party

rights or benefits.

Go Daddy, in its sole and absolute discretion, may change or modify this Agreement, and anypolicies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Go Daddy website (this"Site"). You acknowledge and agree that (i) Go Daddy may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found atthis Site after such changes or modifications have been made (as indicated by the "LastRevised" date at the top of this page) shall constitute your acceptance of this Agreement aslast revised. If you do not agree to be bound by this Agreement as last revised, do not use(or continue to use) this Site or the Services found at this Site. In addition, Go Daddy mayoccasionally notify you of changes or modifications to this Agreement by email. It is therefore

very important that you keep your account ("Account") information, including your emailaddress, current. Go Daddy assumes no liability or responsibility for your failure to receivean email notification if such failure results from an inaccurate or out-of-date email address.

Go Daddy is an Internet Corporation for Assigned Names and Numbers ("ICANN") accreditedregistrar. You acknowledge and agree that as an ICANN-accredited registrar, Go Daddy isbound by an agreement with ICANN. You acknowledge and agree that Go Daddy may modifythis Agreement in order to comply with its agreement with ICANN, as well as any other termsand conditions set forth by (i) ICANN and/or (ii) the registry applicable to the top level domain("TLD") or country code top level domain ("ccTLD") in question. As used herein, the terms"registry", "Registry", "registry operator" or "Registry Operator" shall refer to the registryapplicable to the TLD or ccTLD in question. To identify the sponsoring registrar, click here.

http://www.godaddy.com/agreements/ShowDoc.aspx?pageid=UTOS



http://www.internic.net/whois.html



http://www.internic.net/whois.html



2. FEES AND PAYMENTS

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees (including any registration fees required byICANN) due for Services purchased at this Site at the time you order the Services. All pricesand fees are non-refundable unless otherwise expressly noted, even if your Services aresuspended, terminated, or transferred prior to the end of the Services term. Go Daddyexpressly reserves the right to change or modify its prices and fees at any time, and suchchanges or modifications shall be posted online at this Site and effective immediately withoutneed for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services inquestion come up for renewal as further described below.

Where refunds are issued, Go Daddy's issuance of a refund receipt is confirmation that GoDaddy has submitted your refund to the Payment Method (as defined below) charged at the

time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund.Refund posting time frames may range from five (5) business days to a full billing cycle.

You may pay for Services by providing a valid credit card, an electronic check (from your personal or business checking account, as appropriate), PayPal (as defined in the UniversalTerms of Service Agreement), Alipay (as defined in the Universal Terms of ServiceAgreement), or by using Go Daddy's "Good As Gold Prepaid Services" to establish a cashreserve for charge by Go Daddy (each, a "Payment Method"). For Services that offer "Express Checkout", clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file 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.

If you are being billed on a monthly basis, your monthly billing date will be based on the dateof the month you purchased the Services unless that date falls after the 28th of the month, inwhich case your billing date will be the 28th of each month.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION ORLOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION.THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLESERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICEPERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR,YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THEAUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICESTHAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULTSETTING. THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION,GO DADDY WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN ITCOMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHODYOU HAVE ON FILE WITH GO DADDY AT GO DADDY'S THEN CURRENT RATES,WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THERATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWALSETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOURACCOUNT MANAGER ("ACCOUNT MANAGER") from this Site and follow the steps foundhere. You may enable or disable the automatic renewal option at any time. However, shouldyou elect to disable the automatic renewal option and fail to manually renew your Servicesbefore they expire, you may experience an interruption or loss of Services, and Go Daddy

shall not be liable to you or any third party regarding the same.

https://www.godaddy.com/gdshop/shopper_lookup.asp?isc=

http://help.godaddy.com/article/1042?prog_id=GoDaddy


http://help.godaddy.com/article/1042?prog_id=GoDaddy



IN ADDITION, GO DADDY MAY PARTICIPATE IN "RECURRING BILLING PROGRAMS"OR "ACCOUNT UPDATER SERVICES" SUPPORTED BY YOUR CREDIT CARDPROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK'S PARTICIPATION). IFYOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TOSUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARDPROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARDNUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGEYOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. INACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THEEVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBERAND/OR EXPIRATION DATE, GO DADDY WILL AUTOMATICALLY UPDATE YOURPAYMENT PROFILE ON YOUR BEHALF. GO DADDY MAKES NO GUARANTEES THATWE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOUACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFYAND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I)SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATEDPAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE

AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTIONOR LOSS OF SERVICES, AND GO DADDY SHALL NOT BE LIABLE TO YOU OR ANYTHIRD PARTY REGARDING THE SAME.

If for any reason Go Daddy is unable to charge your Payment Method for the full amountowed for the Services provided, or if Go Daddy is charged a penalty for any fee it previouslycharged to your Payment Method, you agree that Go Daddy may pursue all available lawfulremedies in order to obtain payment. If you pay by credit card and if for any reason Go Daddyis unable to charge your credit card with the full amount owed for the Services provided, or if Go Daddy is charged back for any fee it previously charged to the credit card you provided,you agree that Go Daddy may pursue all available lawful remedies in order to obtainpayment. You agree that the remedies Go Daddy may pursue in order to effect payment shall

include, but not be limited to, immediate cancellation without notice to you of any domainnames or Services registered or renewed on your behalf. Go Daddy reserves the right tocharge you reasonable "administrative fees" or "processing fees" for (i) tasks Go Daddy mayperform outside the normal scope of its Services, (ii) additional time and/or costs Go Daddymay incur in providing its Services, and/or (iii) your noncompliance with this Agreement (asdetermined by Go Daddy in its sole and absolute discretion). Typical scenarios include, butare not limited to, customer service issues that require additional personal time or attention,fees incurred by third-party payment providers such as PayPal, Alipay, and Certegy (asdefined in the Universal Terms of Service Agreement), fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Methodprocessor, and disputes that require accounting or legal services. These administrative feesor processing fees will be billed to the Payment Method you have on file with Go Daddy.

Go Daddy may offer product-level pricing in various currencies; however, transactionprocessing is supported only in U.S. dollars and a select number of the currency optionsdisplayed on this Site ("Supported Currency" or "Supported Currencies"). If the currencyselected is a Supported Currency, then the transaction will be processed in the SupportedCurrency and the pricing displayed during the checkout process will be the actual amountprocessed and submitted to your bank for payment. If the currency selected is not aSupported Currency, then the transaction will be processed in U.S. dollars and the pricingdisplayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account,you may be charged exchange rate conversion fees by your bank. In addition, due to timedifferences between (i) the time you complete the checkout process, (ii) the time thetransaction is processed, and (iii) the time the transaction posts to your bank statement, theconversion rates may fluctuate, and Go Daddy makes no representations or warranties that



(a) the amount submitted to your bank for payment will be the same as the amount posted toyour bank statement (in the case of a Supported Currency) or (b) the estimated conversionprice will be the same as either the amount processed or the amount posted to your bankstatement (in the case of a non-Supported Currency), and you agree to waive any and allclaims based upon such discrepancies (including any and all claims for a refund based on theforegoing). In addition, regardless of the selected currency, you acknowledge and agree thatyou 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 billingaddress section.

Please refer to the Universal Terms of Service Agreement for further details regarding theindividual Payment Methods referenced above.

(B) DOMAIN NAME RENEWAL TERMS

When you register a domain name, you will have three renewal options: (i) "Automatic

Renewal", (ii) "Extended Automatic Renewal", and (iii) "Manual Renewal":

i. Automatic Renewal. Automatic Renewal is the default setting. Therefore,

unless you select either Extended Automatic Renewal or Manual Renewal, Go Daddywill enroll you in the Automatic Renewal plan. If you enroll in the Automatic Renewalplan, Go Daddy will automatically renew, for a period equivalent to the length of your original domain name registration, any domain name that is up for renewal and will takepayment from the Payment Method you have on file with Go Daddy, at Go Daddy's thencurrent rates. Thus, if you have chosen to register your domain name for one (1) year,Go Daddy will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, Go Daddy will automatically renew it for two (2)years, and so on.

ii. Extended Automatic Renewal. If you enroll in the Extended Automatic Renewalplan, Go Daddy will automatically renew any domain name that is up for renewal for anadditional one-year period on each and every anniversary of your domain nameregistration, so the initial registration period will always remain intact. Thus, if you havechosen to register your domain name for two (2) years, Go Daddy will automaticallyrenew it for one (1) additional year on each and every anniversary of your domain nameregistration so your two (2) year registration period will always remain intact. If you havechosen to register your domain name for five (5) years, Go Daddy will automaticallyrenew it for one (1) additional year on each and every anniversary of your domain nameregistration so your five (5) year registration period will always remain intact, and so on.Go Daddy will take payment from the Payment Method you have on file with Go Daddy,at Go Daddy's then current one-year domain name registration rate.

iii. Manual Renewal. If you do not select that the domain name be automaticallyrenewed (through either Automatic Renewal or Extended Automatic Renewal), youhave the responsibility of logging into the Domain Manager portion of your Account Manager for that domain name and manually implementing the renewal by theexpiration date (should you in fact want the domain name to be renewed). If you fail tomanually implement the renewal before the expiration date, the domain name will becancelled and you will no longer have use of that name.

Domain name renewals will be non-refundable. If for any reason Go Daddy is not able to takethe payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a

credit card.







For certain ccTLDs (.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it,.jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, .co.uk,.me.uk, .org.uk, and .vg), renewal billing will occur on the first day of the month prior to themonth of expiration.

For certain ccTLDs (.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it,.jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, .co.uk,.me.uk, .org.uk, and .vg), you must renew no later than the 20th of the month prior to theexpiration date, or your domain name will be placed in non-renewal status. When the domainname is in non-renewal status, you can renew the domain name only by calling Go Daddyand requesting that the domain name be renewed. You cannot renew the domain namethrough your Account Manager . If you fail to manually implement the renewal before theexpiration date, the domain name will be cancelled and you will no longer have use of thatname.

You agree that Go Daddy will not be responsible for cancelled domain names that you fail torenew, either automatically or manually in the timeframes indicated in this Agreement. In anycase, if you fail to renew your domain name in a timely fashion, additional charges may apply.If you signed up for privacy services, protected registration, or any other similar service, withyour domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additionalrenewal fee unless you cancel in advance.

If you fail to renew your domain name in the timeframes indicated in this Agreement, youagree that Go Daddy may, in its sole discretion, renew your expired domain name on your behalf. If Go Daddy decides to renew your expired domain name on your behalf, you willhave a Renewal Grace Period during which you may reimburse Go Daddy for the renewaland keep your domain name. The Renewal Grace Period is currently twelve (12) days butsubject to change under the terms of this Agreement. For certain ccTLDs (.am, .at, .be, .cn,

.com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk,

.tw, .com.tw, .org.tw, .idv.tw, .uk, .co.uk, .me.uk, .org.uk, and .vg) there is no Renewal GracePeriod after the expiration date of the domain name. If you do not reimburse Go Daddy for the renewal during the Renewal Grace Period your domain name will be placed on Hold andflagged for deletion after which you will have a 30-day redemption period during which youmay pay Go Daddy a Redemption fee and redeem your domain name. The Redemption feeis currently $80.00 USD and is subject to change under the terms of this Agreement. If youdo not redeem your domain name prior to the end of the 30-day redemption period Go Daddymay, in its sole discretion, delete your domain name or transfer it to another registrant onyour behalf.

If your domain name is deleted, the Registry also provides a 30-day Redemption Grace

Period during which you may pay Go Daddy a redemption fee and redeem your domainname. The redemption fee is currently $80.00 USD and is subject to change under the termsof this Agreement. If you do not redeem your domain name prior to the end of the Registry'sRedemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Pleaserefer to the specific terms for the applicable TLD. In the event there is a conflict between theprovisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

3. TERM OF AGREEMENT; TRANSFERS; DOMAIN TASTING

The term of this Agreement shall continue in full force and effect as long as you have any






domain name registered through Go Daddy.

You agree that you will not transfer any domain name registered through Go Daddy toanother domain name registrar during the first sixty (60) days after its initial registration date.

You further agree that you will not engage in "domain tasting" by using the five (5) day graceperiod in which a registrant may choose to cancel a domain name and get a full refund of theregistration fee as a vehicle to test the marketability or viability of a domain name. If GoDaddy determines (which determination shall be made by Go Daddy in its sole and absolutediscretion) that you have been engaging in "domain tasting", then Go Daddy reserves theright to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b)refuse your cancellation/refund request altogether. Go Daddy will not charge you a fee if GoDaddy cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. The five (5) day grace period does not apply to PremiumDomains, which are non-refundable.

You agree that Go Daddy shall not be bound by (i) any representations made by third partieswho you may use to purchase services from Go Daddy, or (ii) any statements of a generalnature, which may be posted on Go Daddy's website or contained in Go Daddy's promotionalmaterials.

4. UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION

You agree to notify Go Daddy within five (5) business days when any of the information youprovided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Go Daddy with accurate and reliable information on an initial andcontinual basis, shall be considered to be a material breach of this Agreement. Failure by

you, for whatever reason, to respond within five (5) business days to any inquiries made byGo Daddy to determine the validity of information provided by you, shall also be consideredto be a material breach of this Agreement. You agree to retain a copy for your record of thereceipt for purchase of your domain name.

You agree that for each domain name registered by you, the following contact data isrequired: postal address, email address, telephone number, and if available, a facsimilenumber for the Registered Name Holder and, if different from the Registered Name Holder,the same contact information for, a technical contact, an administrative contact and a billingcontact.

You acknowledge and agree that domain name registration requires that this contact

information, in whole or in part, be shared with the registry operator. As required by ICANN,this information must also be made publicly available by means of Whois, and that theregistry operator may also be required to make this information publicly available by Whois.Both Go Daddy and the registry operator may be required to archive this information with athird-party escrow service. You hereby consent and give permission for all such requirementsand disclosures. Further, you represent and warrant that, if you are providing informationabout a third party, you have notified the third party of the disclosure and the purpose for thedisclosure and you have obtained the third party's consent to such disclosure.

You agree that for each domain name registered by you the following information will bemade publicly available in the Whois directory as determined by ICANN Policy and may besold in bulk as set forth in the ICANN agreement:

• The domain name;



• Your name and postal address;

• The email address, postal address, voice and fax numbers for technical andadministrative contacts;

• The Internet protocol numbers for the primary and secondary name servers;

• The corresponding names of the name servers; and

• The original date of registration and expiration date.

You agree that, to the extent permitted by ICANN, Go Daddy may make use of the publiclyavailable information you provided during the registration process. If you engage in thereselling of domain names you agree to provide any individuals whose personal informationyou've obtained, information about the possible uses of their personal information pursuant toICANN policy. You also agree to obtain consent, and evidence of consent, from thoseindividuals for such use of the personal information they provide.

In order for us to comply with any current or future rules and policies for domain name

systems including any rules or policies established by the CIRA or any provincial or federalgovernment or by other organization having control or authority to establish rules or policies,you hereby grant to us the right to disclose to third parties through an interactive publiclyaccessible registration database the following information that you are required to providewhen applying for a domain name:

i. The domain or sub-domain name(s) registered by you;

ii. Your organization name, type and postal address;

iii. The name(s), position(s), postal address(es), e-mail address(es), voicetelephone number(s) and where available the fax number(s) of the technical andadministrative contacts for your domain or sub-domain name(s);

iv. The full hostnames and Internet protocol (IP) addresses of at least two (2)nameserver hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) nameservers may be specified. If a host has more than one(1) IP address, use a comma-separated list;

v. The corresponding names of those nameservers;

vi. The original creation date of the registration; and

vii. The expiration date of the registration.

We may be required to make this information available in bulk form to third parties. We mayalso transfer or assign this information to CIRA or such other third party as we may decide, inour sole discretion.

5. DISPUTE RESOLUTION POLICY

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporatedherein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that Go Daddy may from time to time modify its DisputeResolution Policy. Go Daddy will post any changes to its Dispute Resolution Policy at leastthirty (30) days before they become effective. You agree that by maintaining your domainname registrations with Go Daddy after the updated policy becomes effective that you agreeto the Dispute Resolution policy as amended. You agree to review Go Daddy's websiteperiodically to determine if changes have been made to the Dispute Resolution Policy. If youcancel or terminate your Services with Go Daddy as a result of the modified Dispute

Resolution policy, no fees will be refunded to you.

http://www.godaddy.com/agreements/ShowDoc.aspx?pageid=uniform_domain







You agree that if a dispute arises as a result of one (1) or more domain names you haveregistered using Go Daddy, you will indemnify, defend and hold Go Daddy harmless asprovided for in this Agreement. You also agree that if Go Daddy is notified that a complainthas been filed with a governmental, administrative or judicial body, regarding a domain nameregistered by you using Go Daddy, that Go Daddy, in its sole discretion, may take whatever action Go Daddy deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. Inthis event you agree to hold Go Daddy harmless for any action taken by Go Daddy.

In the case of .ca domain names, you agree that, if your use of the service or the registrationof a .ca domain name is challenged by a third party, you will be subject to the provisionsspecified by CIRA in their dispute resolution policy, in effect at the time of the dispute.

6. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES

If you transfer any domain name, you agree to provide the information required by, and toabide by, the procedures and conditions set forth in our Domain Name Transfer Agreement .You may view the latest version of our Domain Name Transfer Agreement online. In order tofurther protect your domain name, any domain name registered with Go Daddy or transferredto Go Daddy shall be placed on lock status. The domain name must be placed on unlockstatus in order to initiate a transfer of the domain name away from Go Daddy to a newRegistrar. You may log into your account with Go Daddy at any time after your domain namehas been successfully transferred to Go Daddy, and change the status to unlock.

In the event you are purchasing a domain name on behalf of a third party, you agree toinform any customer of yours, who may be acquiring a domain name through you using GoDaddy's registration services, that they are in fact registering their domain name through GoDaddy and that Go Daddy is an accredited registrar with ICANN. You agree not to representthat you are an ICANN-accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANNtrademark logo in any of your promotional materials including your website.

You agree to obtain each of your customers' acceptances to the then current version of thisAgreement, and to retain evidence of their acceptance for a period of not less than three (3)years. Should you require that your customers accept additional terms and conditions thatare not required by Go Daddy, you agree that such additional terms and conditions shall notconflict with this Agreement and the policies and procedures adopted by ICANN.

You agree that Go Daddy is not lending you access to its registrar connections or its registryaccess, nor will you be deemed to be a registrar in your own right. Furthermore, you agreeyou will not attempt to gain access to Go Daddy's registrar connections or registry access.You agree to provide complete, accurate and current data for each registrant to be added toa registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide your customers with adequate customer support, and to maintaincontact with them with regard to providing a medium for them to communicate changes in theinformation they provided as part of the domain name registration process. Upon receivingcorrected or updated information you will, within five (5) business days, provide suchinformation to Go Daddy so Go Daddy may update its registration records. You will retaincopies of all communications between you and your customers and will upon request provideGo Daddy copies of same.

7. SUSPENSION OF SERVICES; BREACH OF AGREEMENT

http://www.godaddy.com/agreements/ShowDoc.aspx?pageid=TRANSFER_SA

http://www.godaddy.com/agreements/ShowDoc.aspx?pageid=TRANSFER_SA



You agree that, in addition to other events set forth in this Agreement:

i. Your ability to use any of the services provided by Go Daddy is subject tocancellation or suspension in the event there is an unresolved breach of this Agreement

and/or suspension or cancellation is required by any policy now in effect or adoptedlater by ICANN;

ii. Your registration of any domain names shall be subject to suspension,cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Go Daddy procedure not inconsistent with an ICANN adoptedspecification or policy (a) to correct mistakes by Go Daddy or the registry operator inregistering any domain name; or (b) for the resolution of disputes concerning anydomain name.

You agree that your failure to comply completely with the terms and conditions of thisAgreement and any Go Daddy rule or policy may be considered by Go Daddy to be amaterial breach of this Agreement and Go Daddy may provide you with notice of such breach

either in writing or electronically (i.e. email). In the event you do not provide Go Daddy withmaterial evidence that you have not breached your obligations to Go Daddy within ten (10)business days, Go Daddy may terminate its relationship with you and take any remedialaction available to Go Daddy under the applicable laws. Such remedial action may beimplemented without notice to you and may include, but is not limited to, cancelling theregistration of any of your domain names and discontinuing any services provided by GoDaddy to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.

Go Daddy's failure to act upon or notify you of any event, which may constitute a breach,shall not relieve you from or excuse you of the fact that you have committed a breach.

8. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by Go Daddy, or to allow or enable others, to usethe services provided by Go Daddy for the purposes of:

• The transmission of unsolicited email (Spam); and

• Repetitive, high volume inquires into any of the services provided by Go Daddy(i.e. domain name availability, etc.).

If you are hosting your domain name system (“DNS”) on Go Daddy’s servers, or are usingour systems to forward a domain name, URL, or otherwise to a system or site hostedelsewhere, or if you have your domain name registered with Go Daddy, you are responsiblefor ensuring there is no excessive overloading on Go Daddy’s servers. You may not use GoDaddy’s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. Youagree that Go Daddy reserves the right to deactivate your domain name from its DNS if GoDaddy deems it is the recipient of activities caused by your site that threaten the stability of itsnetwork.

You agree that Go Daddy, in its sole discretion and without liability to you, may refuse toaccept the registration of any domain name. Go Daddy also may in its sole discretion andwithout liability to you delete the registration of any domain name during the first thirty (30)days after registration has taken place. Go Daddy may also cancel the registration of a

domain name, after thirty (30) days, if that name is being used, as determined by Go Daddyin its sole discretion, in association with spam or morally objectionable activities. Morally



objectionable activities will include, but not be limited to:

• Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;

• Activities prohibited by the laws of the United States and/or foreign territories inwhich you conduct business;

• Activities designed to encourage unlawful behavior by others, such as hatecrimes, terrorism and child pornography;

• Activities that are tortious, vulgar, obscene, invasive of the privacy of a thirdparty, racially, ethnically, or otherwise objectionable;

• Activities designed to impersonate the identity of a third party; and

• Activities designed to harm or use unethically minors in any way.

In the event Go Daddy refuses a registration or deletes an existing registration during the first

thirty (30) days after registration, you will receive a refund of any fees paid to Go Daddy inconnection with the registration either being cancelled or refused. In the event Go Daddydeletes the registration of a domain name being used in association with spam or morallyobjectionable activities, no refund will be issued.

9. PARKED PAGE SERVICE

The Parked Page Service, includes, but is not limited to, the parking of pages on Go Daddynameservers, and Starter/For Sale web pages (all parked pages, collectively, the "ParkedPage"). For every domain name registered, Go Daddy will provide the Parked Page servicefree to its customers. Go Daddy will provide you with these services as long as you abide bythe terms and conditions set forth herein and in each of Go Daddy's policies and procedures

found here.

If you are using Go Daddy's Parked Page services, you agree that Go Daddy may point thedomain name or DNS to one of Go Daddy's or Go Daddy's affiliates web pages, and that theymay place advertising on your web page and Go Daddy specifically reserves this right. GoDaddy also reserves the right to collect and retain all revenue obtained from such advertising.You may terminate your use of the Parked Page service at any time through your onlineaccount manager.

If you are using Go Daddy's Parked Page service, you are responsible for ensuring that anycontent placed on your Parked Page by you or anyone on your behalf conforms to all local,state, federal, and international laws. Further, you are responsible for ensuring the legal

copyright to any images, text, or other website elements not provided by Go Daddy. In order to use Go Daddy's Parked Page service, you must have a domain name registered with GoDaddy. Go Daddy is not responsible for making back-up copies of your website; this is solelyyour responsibility. You agree that Go Daddy may place advertising on your Parked Pageand Go Daddy specifically reserves this right. Go Daddy also reserves the right to collect andretain all revenue obtained from such advertising.

Go Daddy provides its Parked Page services exclusively and makes no effort to edit, control,monitor or restrict the content of data other than as necessary to provide such services.Further, the services provided, including, but not limited to, the advertisements, shall bebased upon the content of your website and may include, but are not limited to,advertisements of your competitors. Go Daddy explicitly reserves the right and sole discretionto:

http://www.godaddy.com/agreements/ShowDoc.aspx?pageid=park_sa

http://www.godaddy.com/agreements/ShowDoc.aspx?pageid=park_sa



i. Censor any website hosted on its Parked Page servers that, in Go Daddy's solediscretion, is deemed inappropriate;

ii. Review every Parked Page for excessive space and bandwidth utilizationdisrupting the normal use of the system or consuming excessive amounts of memory or CPU and to terminate or apply additional fees to those accounts exceeding allowed

levels;

iii. Modify its pricing through email notification;

iv. Terminate your Parked Page service for unsolicited, commercial e-mailing (i.e.,Spam), using internal or external mail servers, illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities,non-payment of any fees hereafter charged for using Go Daddy's Parked Page Service,and any other activities, whether lawful or unlawful, that Go Daddy determines to beharmful to its other customers, operations, or reputation;

v. Terminate your Parked Page service if the contents of your Parked Page resultin, or are the subject of, legal action or threatened legal action, against you and/or GoDaddy or any of its affiliates or partners, without consideration for whether such legal

action or threatened legal action is eventually determined to be with or without merit;and

vi. Terminate your Parked Page service if you violate, or potentially violate, or arealleged to have violated, any criminal laws or any rights of any third parties, including,but not limited to, such violations as infringement or misappropriation of any copyright,patent, trademark, trade secret, music, image, or other proprietary or property right,false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discriminationlaw or regulation, or any other right of any person or entity.

You agree to indemnify and hold Go Daddy harmless for any harm or damages arising out of your use of Go Daddy's Parked Page services, including, but not limited to, any actions Go

Daddy chooses to take to remedy your improper or illegal use of a Parked Page hosted byGo Daddy.

10. PRE-REGISTRATIONS

If you submit an application for pre-registration of a domain name, Go Daddy does notguarantee that the name will be secured for you, or that you will have immediate access tothe domain name if secured. Go Daddy may use third-party service providers for the pre-registration services.

11. PROVISIONS SPECIFIC TO ALL REGISTRATIONS

You agree to be bound by the rules, policies, and agreements of each Registry from whichyou purchase a domain name registration, which may include, but are not limited to, TopLevel Domain Registries and Second Level Domain Registries.

12. PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS

If you are registering a .BIZ domain name you also agree to:

.BIZ Restrictions

Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide

business or commercial purposes. For purposes of the .BIZ Registration Restrictions("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or



bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one (1) or more host computersthrough the DNS:

i. To exchange goods, services, or property of any kind;ii. In the ordinary course of trade or business; or

iii. To facilitate (i) the exchange of goods, services, information, or property of anykind; or, (ii) the ordinary course of trade or business. Registering a domain name solelyfor the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensationshall not constitute a "bona fide business or commercial use" of that domain name.

.BIZ Certification

As a .BIZ domain name registrant, you hereby certify to the best of your knowledge that:

i. The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for thepurposes of (1) selling, trading or leasing the domain name for compensation, or (2) theunsolicited offering to sell, trade or lease the domain name for compensation. Moreinformation on the .BIZ restrictions, which are incorporated herein by reference, areavailable online;

ii. The domain name registrant has the authority to enter into the registrationagreement; and

iii. The registered domain name is reasonably related to the registrant's businessor intended commercial purpose at the time of registration.

Domain Name Dispute Policy

If you reserved or registered a .BIZ domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of thisAgreement by reference. Please take the time to familiarize yourself with that policy. Inaddition, you hereby acknowledge that you have read and understood and agree to be boundby the terms and conditions of the following documents, as they may be amended from timeto time, which are hereby incorporated and made an integral part of this Agreement:

i. The Uniform Domain Name Dispute Policy;

ii. The Start-up Trademark Opposition Policy ("STOP"); and

iii. The Restrictions Dispute Resolution Criteria and Rules.

The STOP sets forth the terms and conditions in connection with a dispute between aregistrant of a .BIZ domain name ("Registrant") with any third party (other than RegistryOperator or Registrar) over the registration or use of a .BIZ domain name registered byRegistrant that is subject to the Intellectual Property Claim Service. The Intellectual PropertyClaim Service is a service introduced by Registry Operator to notify a trademark or servicemark holder ("Claimant") that a second level domain name has been registered in which thatClaimant claims intellectual property rights. In accordance with the STOP and its associatedRules, those Claimants will have the right to challenge registrations through independentICANN-accredited dispute resolution providers.

The UDRP sets forth the terms and conditions in connection with a dispute between aRegistrant and any party other than the Registry Operator or Registrar over the registration



and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not usedprimarily for business or commercial purposes shall be enforced on a case-by-case, fact

specific basis by an independent ICANN-accredited dispute provider. None of the violationsof the Restrictions will be enforced directly by or through Registry Operator. RegistryOperator will not review, monitor, or otherwise verify that any particular domain name is beingused primarily for business or commercial purposes or that a domain name is being used incompliance with the SUDRP or UDRP processes.

Domain Name Dispute Policy Modifications

You agree that we, in our sole discretion, may modify our dispute policy. We will post anysuch revised policy on our website at least thirty (30) calendar days before it becomeseffective. You agree that, by maintaining the reservation or registration of your domain nameafter modifications to the dispute policy become effective, you have agreed to these

modifications. You acknowledge that if you do not agree to any such modification, you mayterminate this Agreement. We will not refund any fees paid by you if you cancel or terminateyour Services with us.

Domain Name Disputes

You agree that, if your use of our domain name registration services is challenged by a thirdparty, you will be subject to the provisions specified in our dispute policy in effect at the timeof the dispute. 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 set forth belowin this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree

not to make any changes to your domain name record without our prior approval. We maynot allow you to make changes to such domain name record until (i) we are directed to do soby the judicial or administrative body, or (ii) we receive notification by you and the other partycontesting your registration and use of our domain name registration services that the disputehas been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

Reservation of Rights

Go Daddy and the .BIZ Registry Operator, NeuLevel, Inc. expressly reserve the right to deny,

cancel or transfer any registration that it deems necessary, in its discretion, to protect theintegrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolutionprocess, or to avoid any liability, civil or criminal, on the part of Go Daddy and/or NeuLevel,Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Go Daddy andNeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

Indemnification

You agree to indemnify, defend and hold harmless the .BIZ Registry Operator, NeuLevel,Inc., and its directors, officers, employees, agents, and affiliates from and against any and allclaims, damages, liabilities, costs and expenses, including reasonable legal fees andexpenses arising out of or relating to the Registered Name holder's domain nameregistration. This indemnification requirement shall survive the termination or expiration of theregistration agreement.



13. PROVISIONS SPECIFIC TO .COM AND .NET REGISTRATIONS

Indemnification

You agree to indemnify, defend and hold harmless the .COM .and NET Registry Operator,VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and againstany and all claims, damages, liabilities, costs and expenses, including reasonable legal feesand expenses arising out of or relating to the Registered Name holder's domain nameregistration.

14. PROVISIONS SPECIFIC TO .INFO REGISTRATIONS

Indemnification

You agree to indemnify, defend and hold harmless the .INFO Registry Operator, AfiliasLimited, and its subcontractors, shareholders, directors, officers, employees, agents, and

affiliates from and against any and all claims, damages, liabilities, costs and expenses,including reasonable legal fees and expenses arising out of or relating to the RegisteredName holder's domain name registration. This indemnification requirement shall survive thetermination or expiration of this Agreement.

If you are registering a .INFO domain name you also agree to:

i. Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;

ii. Submit to proceedings commenced under ICANN's Uniform Domain NameDispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy("SDRP");

iii. Immediately correct and update the registration information for the RegisteredName during the registration term for the Registered Name; and

iv. Acknowledge that the Registry Operator will have no liability of any kind for anyloss or liability resulting from the proceedings and processes relating to the SunrisePeriod or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.

15. PROVISIONS SPECIFIC TO .JOBS REGISTRATIONS

If you are registering a .JOBS domain name you also:

i. Agree to provide information regarding membership in a Human ResourceAssociation, and the identity of any such association;

ii. Agree to provide the URL of your existing company website;

iii. Acknowledge that you have read, understood and agree to be bound by the.JOBS Registry-Registrant agreement as amended from time to time, located here;

iv. Agree to abide by the SHRM code of professional ethics as stated here;

v. Agree to indemnify, defend and hold harmless the Registry Operator and itssubcontractors, shareholders, directors, officers, employees, affiliates and agents of

each of them from and against any and all claims, damages, liabilities, costs andexpenses, including reasonable legal fees and expenses, arising out of or relating to

http://www.goto.jobs/reg.agreement.asp



http://moss07.shrm.org/about/Pages/code-of-ethics.aspx






your domain name registration. This indemnification obligation shall survive thetermination or expiration of this Agreement; and

vi. Further acknowledge and agree that the Registry Operator is an intended third-party beneficiary of this Agreement, with a right to enforce the terms and provisionscontained herein.

16. PROVISIONS SPECIFIC TO .MOBI REGISTRATIONS

You acknowledge and agree that you shall comply with the requirements, standards, policies,procedures and practices set forth in the dotmobi Style Guide, found here. You consent to themonitoring of your website for compliance with the Style Guide.

Further, you acknowledge and agree the Style Guide is subject to modification by thedotmobi registry, and you acknowledge and agree that you will comply with any suchchanges in the time allotted.

You agree to indemnify to the maximum extent permitted by law, defend and hold harmlessRegistry Operator, and its directors, officers, employees and agents from and against anyand all claims, damages, liabilities, costs and expenses, including reasonable legal fees andexpenses, arising out of or relating to your domain name registration and or use, and thisindemnification obligation survives the termination or expiration of this Agreement;

You agree to indemnify, defend and hold harmless Registry Services Provider, itssubsidiaries and affiliates, and the directors, officers, employees and agents or each of them,from and against any and all claims, damages, liabilities, costs and expenses, includingreasonable legal fees and expenses, arising out of or relating to your domain nameregistration and or use, and this indemnification obligation survives the termination or expiration of this Agreement;

Acknowledge and agree that notwithstanding anything in this Agreement to the contrary,mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .MOBI TLD, is andshall be an intended third-party beneficiary of this Agreement. As such, the parties to thisAgreement acknowledge and agree that the third-party beneficiary rights of dotmobi havevested and that dotmobi has relied on its third-party beneficiary rights under this Agreementin agreeing to Go Daddy being a registrar for the .MOBI top level domain. Additionally, thethird-party beneficiary rights of dotmobi shall survive any termination or expiration of thisAgreement.

You agree to comply with ICANN requirements, standards, policies, procedures, andpractices for which dotmobi has responsibility in accordance with the Registry Agreementbetween ICANN and dotmobi or other arrangement with ICANN.

You consent to the use, copying, distribution, publication, modification and other processingof your personal data by dotmobi and its designees and agents in a manner consistent withthe purposes for which your personal data is collected by Go Daddy and submitted todotmobi and with relevant mandatory local data protection, law and privacy.

You shall immediately correct and update your registration information for your registereddomain name(s) during the registration term for each Registered Name.

You further agree to comply with operational standards, policies, procedures, and practicesfor the Registry TLD established from time to time by Registry Operator in a non-arbitrarymanner as Registry Policies, applicable to all registrars and/or Registered Name Holders,and consistent with the Registry Agreement shall be effective upon thirty (30) days notice by

http://dev.mobi/styleguides

http://dev.mobi/styleguides



Registry Operator to Registrar;

You acknowledge and agree that dotmobi and Afilias Limited, acting in consent with dotmobi,reserves the right to deny, cancel or transfer any registration that it deems necessary, in its

discretion (i) to protect the integrity and stability of the registry; (ii) to comply with allapplicable laws, government rules or requirements, requests of law enforcement, incompliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, onthe part of dotmobi as well as its affiliates, subsidiaries, officers, directors, representatives,employees, and stockholders; (iv) for violations of the terms and conditions herein; (v) or tocorrect mistakes made by dotmobi or any registrar in connection with a domain nameregistration, and dotmobi also reserves the right to freeze a domain name during resolution of a dispute.

You acknowledge and agree to be bound by the terms and conditions of the initial launch andgeneral operations of the Registry TLD, including without limitation the Limited IndustryLaunch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy,the Premium Name Allocation Process, and the General Registration Period, and further toacknowledge that Registry Operator and the Registry Service Provider has no liability of anykind for any loss or liability resulting from the proceedings and processes relating to theLimited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise DisputeResolution Policy, the Premium Name Allocation Process, and the General RegistrationPeriod including, without limitation: (a) the ability or inability of a registrant to obtain aRegistered Name during these periods, and (b) the results of any dispute made during thelimited industry launch or over a Sunrise Registration.

You acknowledge and agree if the domain name being registered is a dotMobi PremiumName, and as such is listed here, then use of the domain name is also subject to the termsand conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobiAuction Agreement) posted here, which is incorporated by reference herein.

You acknowledge and agree that upon termination or expiration of the dotMobi PremiumName Agreement in accordance with the terms thereof: (i) any and all rights of Company tothe Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the website shall be terminated, and all such rights shall revert to mTLD and (ii)mTLD may grant Registration rights to the Domain Name and/or rights to the RegistrationCode to any entity or person in its sole discretion, and Company shall have no rights or recourse against mTLD and/or Registrar relating to the registration or use of the DomainName and/or Registration Code by any other such entity or person.

You Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during theSunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction

Period, and in such an instance will constitute a material breach to this Agreement.

17. PROVISIONS SPECIFIC TO .NAME REGISTRATIONS

Eligibility Requirements - Dispute Resolution

You represent and warrant that the name you are registering is your legal, personal name, or that you own the intellectual property rights to that name. If at any time it is discovered that itis not your legal personal name, or your intellectual property, the .NAME Registry Operator,Global Name Registry (GNR) and Go Daddy reserve the right to cancel your registrationwithout refund, or transfer it to another party. In addition to the above you agree to be boundby the provisions of the entire Eligibility Requirements Dispute Resolution Policy.

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http://mtld.mobi/node/1135


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Consent - Defensive Registration

A Defensive Registration is a registration designed for the protection of trademarks andservice marks and may be granted to prevent a third party from registering a variation of a

trademark or the exact trademark. If the name you wish to register is subject to a DefensiveRegistration, you have three (3) options: (i) you may register a variation of the name, (ii) youmay challenge the Defensive Registration under the Eligibility Requirements DisputeResolution Policy ("ERDRP"), or (iii) you may request Consent from the Defensive Registrant.You can request Consent by contacting the Defensive Registrant listed in the GNR Whoisdatabase and requesting consent to register the .NAME domain name. If the DefensiveRegistrant grants consent, they must confirm in writing that they grant consent. If theDefensive Registrant does not grant consent, you may wish to challenge the DefensiveRegistration under the ERDRP. The policy is available online.

Acceptable Use Policy

You agree to be bound by the .NAME Acceptable Use Policy. Among other limitations, thispolicy prohibits you from using your .NAME Email to engage in Spamming activities. You willbe limited to a maximum of five hundred (500) messages sent from your .NAME at a time.

Waiver of Liability

You agree that GNR and Go Daddy will have no liability of any kind for any loss or liabilityresulting from (i) the processing of registration requests prior to live SRS launch, including,without limitation, the ability or inability to obtain a domain name or email address registrationusing these processes; or (ii) any dispute over any domain name or email addressregistration, including the decision of any dispute resolution proceeding related to any of theforegoing.

Indemnification

You agree to indemnify, defend and hold harmless GNR, and its directors, officers,employees, agents, and affiliates from and against any and all claims, damages, liabilities,costs and expenses, including reasonable legal fees and expenses arising out of or relatingto the Registered Item Holder's registration. You agree that this indemnification obligationshall survive the termination or expiration of this Agreement.

18. PROVISIONS SPECIFIC TO .ORG REGISTRATIONS

Indemnification

You agree to indemnify, defend and hold harmless the .ORG Registry Operator, PublicInterest Registry, and its subcontractors, shareholders, directors, officers, employees, agents,and affiliates from and against any and all claims, damages, liabilities, costs and expenses,including reasonable legal fees and expenses arising out of or relating to the RegisteredName holder's domain name registration. This indemnification requirement shall survive thetermination or expiration of this Agreement.

19. PROVISIONS SPECIFIC TO .US REGISTRATIONS

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. Theregistration guidelines for this ccTLD are available online and are incorporated herein. These

policies may prohibit you from changing, transferring, or assigning the name you have

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http://www.verisigninc.com/assets/name-acceptable-use-policy.pdf






submitted as Registrant.

The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

A. Registrants must be either:

i. A natural person (a) who is a United States citizen, (b) who is a permanentresident of the United States of America or any of its possessions or territories, or (c)whose primary place of domicile is in the United States of America or any of itspossessions; or

ii. An entity or organization that is (a) incorporated within one of the fifty (50) U.S.states, the district of Columbia, or any of the United States possessions or territories or (b) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-

commercial organizations based in the United States); or

iii. A foreign entity or organization that has a bona fide presence in the UnitedStates of America or any of its possession or territories that also (i) regularly engages inlawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains anoffice or other property within the United States.

B. The name servers listed for all .US domain names must be based within the United

States of America or any of its possessions or territories.

Registrant further certifies that Go Daddy has requested specific information regarding howthe Registrant meets the Nexus requirement and that Registrant has willingly volunteeredsuch information. Registrant understands and agrees that such information will be verifiedand will be shared with the .US Registry.

Registrant understands and agrees that if such information cannot be verified, or if Registrantfails to continue to abide by the Nexus Requirements, the registered domain name shall besubject to immediate cancellation.

Indemnification

You agree to indemnify and hold harmless the .US Registry Operator, NeuStar, and itsdirectors, officers, employees, representatives, agents, affiliates, and stockholders from and

against any and all claims, suits, actions, other proceedings, damages, liabilities, costs andexpenses of any kind, including without limitation reasonable legal fees and expenses, arisingout of or relating to the Registrant's (i) .US domain name registration and (ii) use of any .USregistered domain name.

.US Registration Restrictions

You understand and agree that when you register one of these domain names you areprohibited from using any profanity in the domain name pursuant to the .US RegistrationReview Policy available here. The definition of profanity can be found in Federal

Communications Commission v. Pacifica Foundation, 438 U.S. 726, 98 S. Ct. 3026, 57

L.Ed.2d 1073 (1978).

Further, you acknowledge and agree that you are not permitted to purchase private or

http://www.neustar.us/policies





proxy .US registrations. You shall register for any and all .US registrations using your personal information, which information you represent and warrant is current, accurate andcomplete.

20. PROVISIONS SPECIFIC TO .WS (WEBSITE) REGISTRATIONS

Indemnification

You agree to indemnify, defend and hold harmless the .WS Registry Operator, GlobalDomains International, Inc., and its directors, officers, employees, agents, and affiliates fromand against any and all claims, damages, liabilities, costs and expenses, includingreasonable legal fees and expenses arising out of or relating to the Registered Name holder'sdomain name registration.

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. Theregistration policies for this ccTLD are available online and are incorporated herein.

21. PROVISIONS SPECIFIC TO ONE-YEAR .BIZ, .INFO, AND .USREGISTRATIONS

If you are registering a .INFO or .BIZ or .US domain name and you elect to take advantage of special pricing applicable to one-year registrations, Go Daddy will automatically renew your domain name for an additional one-year period at the end of the first year term by takingpayment from the Payment Method you have on file, unless you notify Go Daddy that you donot wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renewyour one-year .info or .biz or .us domain name for a second year, your domain nameregistration will automatically revert back to Go Daddy and Go Daddy will gain full rights of

registration to such domain name.

You agree that if you delete or transfer your .INFO or .BIZ or .US domain name during thefirst year, you will automatically be charged the second year renewal fees.

22. PROVISIONS SPECIFIC TO .XXX REGISTRATIONS

These terms and conditions (the “Agreement Schedule”) supplement the agreement betweenyou and Go Daddy (“Registrar”) that you use to Register or Reserve a name in the .XXX TopLevel Domain (the “.XXX TLD”). As between you and ICM Registry, LLC (the “Registry”), inthe event of any conflict between this Agreement Schedule and any of the terms of theAgreement with Registrar (the “Agreement”), this Agreement Schedule shall prevail.

A. GENERAL TERMS AND CONDITIONS

1. The Registry supports the protection of intellectual property. By applying to register or reserve a name in the .XXX TLD, you represent and warrant that neither your Registrationnor your use of the name will infringe the intellectual property or other rights of any thirdparty.

2. You acknowledge and agree to abide by all Registry Policies set forth on the RegistryWebsite (www.icmregistry.com). You specifically acknowledge and agree that the RegistryPolicies may be modified by the Registry, and agree to comply with any such changes in thetime period specified for compliance.

3. You agree to comply with applicable ICANN Requirements as set forth on the Registry

http://www.icmregistry.com/

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Website.

4. You represent and warrant that you have provided current, complete, and accurateinformation in connection with your Registration Request or Reservation Request, and that

you will correct and update this information to ensure that it remains current, complete, andaccurate throughout the term of any resulting Registration or Reservation. Your obligation toprovide current, accurate, and complete information is a material element of this AgreementSchedule, and the Registry reserves the right to immediately deny, cancel, terminate,suspend, lock, or transfer any Registration or Reservation if it determines, in its solediscretion, that the information is materially inaccurate.

5. You consent to the collection, use, processing, and/or disclosure of your personalinformation in the United States and in accordance with the Registry Privacy Policy posted onthe Registry Website, and incorporated by reference here. If you are visiting the RegistryWebsite from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to suchtransfer.

6. You agree to submit to proceedings commenced under ICANN’s Uniform Domain NameDispute Resolution Policy (“UDRP”), ICM’s Charter Eligibility Dispute Resolution Policy(“CEDRP”), and ICM’s Rapid Evaluation Service (“RES”), each as described on the RegistryWebsite. You further agree to abide by the final outcome of any of those processes, subjectto any appeal rights provided in those processes or the law, and you hereby release theRegistry, its affiliates and service providers and/or IFFOR from any and all direct or indirectliability associated with such dispute resolution processes.

7. You acknowledge and agree that the Registry reserves the right to disqualify you or your agents from making or maintaining any Registrations or Reservations in the .XXX TLD if youare found to have repeatedly engaged in abusive registrations, in its sole discretion.

8. You acknowledge and agree that the Registry reserves the right to immediately deny,cancel, terminate, suspend, lock, or transfer any Reservation Request or RegistrationRequest and any resulting Reservations or Registrations that it deems necessary, in itsdiscretion, in furtherance of the following:

i. to enforce Registry Policies and ICANN Requirements, as amended from timeto time;

ii. to protect the integrity and stability of the Registry, its operations, and the .XXXTLD;

iii. to comply with any applicable law, regulation, holding, order, or decision issuedby a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry or you;

iv. to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates,subsidiaries, owners, officers, directors, representatives, employees, contractors, andstockholders;

v. to correct mistakes made by the Registry or any Registrar in connection with aRegistration or Reservation; or

vi. as otherwise provided herein.

9. You agree to indemnify to the maximum extent permitted by law, defend and holdharmless the Registry, its affiliates and service providers, and the International Foundation for



Online Responsibility (“IFFOR”), and each of their respective directors, owners, officers,employees, contractors, and agents, from and against any and all claims, damages, liabilities,costs and expenses, including reasonable legal fees and expenses, arising out of or relatingto your Registration or Reservation of, and/or your Registration Request or RegistrationRequest for, any name in the .XXX TLD. You agree that the indemnifications stated hereinsurvive termination of the Registrar-Registrant Agreement and this Agreement Schedule.

10. This Agreement Schedule, its interpretation, and all disputes between the parties arisingin any manner hereunder, shall be governed by and construed in accordance with the internallaws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). You agree and submit to theexercise of personal jurisdiction of courts in the State of Florida for the purpose of litigatingany such claim or action.

11. BY AGREEING TO THIS AGREEMENT SCHEDULE, YOU ARE: (1) WAIVING CLAIMSTHAT YOU MIGHT OTHERWISE HAVE AGAINST THE REGISTRY, ITS AFFILIATES ANDSERVICE PROVIDERS, AND/OR IFFOR BASED ON THE LAWS OF OTHERJURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THEEXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THESTATE OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH THEREGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR; AND (3)SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED INTHE STATE OF FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTESOR CLAIMS. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OFOR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTERTHE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED.

12. You acknowledge and agree that the Registry is and shall be an intended third party

beneficiary of the obligations you undertake in this Agreement Schedule. You acknowledgeand agree that the Registry’s third party beneficiary rights have vested, and shall survive anytermination or expiration of your Registration or Reservation.

13. You acknowledge and agree that names in the .XXX TLD are provided “as is”, “with allfaults” and “as available.” The Registry, its affiliates and service providers, and IFFOR makeno express warranties or guarantees about such names.

14. TO THE GREATEST EXTENT PERMITTED BY LAW, THE REGISTRY, ITSAFFILIATES AND SERVICE PROVIDERS, AND IFFOR DISCLAIM IMPLIED WARRANTIESTHAT THE .XXX TLD AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTEDTHROUGH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS AND/OR

IFFOR ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FITFOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE REGISTRY, ITSAFFILIATES AND SERVICE PROVIDERS AND/OR IFFOR DO NOT GUARANTEE THATANY NAME IN THE .XXX TLD, IFFOR SERVICES, OR REGISTRY OPERATIONS WILLMEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, RELIABLE, WITHOUTINTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THERESULTS THAT MAY BE OBTAINED FROM THE USE OF THE .XXX TLD, INCLUDINGANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEETYOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU OR THIRD PARTIESWILL BE ABLE TO ACCESS OR USE ANY NAME IN THE .XXX TLD (EITHER DIRECTLYOR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOURCHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A

REPRESENTATIVE OF THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS,AND/OR IFFOR SHALL CREATE A WARRANTY REGARDING OPERATIONS OF THE



REGISTRY OR ANY NAME IN THE .XXX TLD.

15. THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFORSHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL

OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, ORRELIANCE UPON A NAME IN THE .XXX TLD. THESE EXCLUSIONS APPLY TO ANYCLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE,COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGESOR LOSSES, EVEN IF THE REGISTRY, ITS AFFILIATES AND SERVICES PROVIDERSAND/OR IFFOR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCHDAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE REGISTRY’SLIABILITY, AND THE LIABILITY OF THE REGISTRY’S AFFILIATES AND SERVICEPROVIDERS, AND/OR IFFOR SHALL BE LIMITED TO THE MAXIUMUM EXTENTPERMITTED BY LAW. YOU FURTHER AGREE THAT IN NO EVENT SHALL THEREGISTRY’S, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR’S TOTAL

AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THEPARTICULAR PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OFACTION. YOU AGREE THAT THE RIGHTS STATED HEREIN SURVIVE TERMINATION OFTHE AGREEMENT AND THIS AGREEMENT SCHEDULE.

You may have additional consumer rights under your local laws that this AgreementSchedule cannot change.

16. The Registry reserves the right to modify, change, or discontinue any aspect of itsservices, agreements, this Agreement Schedule, including without limitation its prices andfees. You acknowledge and agree that the Registry, its affiliates and service providers, and/or IFFOR may provide any and all required notices, agreements, modifications and changes to

this Agreement Schedule, and other information concerning the .XXX TLD electronically, byposting such items on the Registry Website. Your continued use of the Registry Website or your Registration and/or Reservation of any name in the .XXX TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, andchanges to this Agreement Schedule. In the event of any conflict between this AgreementSchedule and the notices, agreements, modifications or changes to this Agreement Scheduleas posted from time to time on the Registry Website, the then-current terms of thisAgreement Schedule posted on the Registry Website shall prevail.

17. You represent and warrant that your use of the Registry and/or any name in the .XXXTLD will not be for any illegal purposes, including without limitation:

i. any purposes that promote or encourage the promotion of child pornography or the exploitation of minors in any way;

ii. the infringement of the intellectual property rights of any other person or entity;

iii. the impersonation of any person or entity, or the submission of information onbehalf of any other person or entity, without their express prior written consent;

iv. the violation of privacy or publicity rights of any other person or entity;

v. the promotion or engagement in any spam or other unsolicited bulk email, or computer or network hacking or cracking; or

vi. the interference with the operation of the Registry Website or services offeredby the Registry and/or IFFOR.

18. Names in the .XXX TLD are intended for and available to Applicants and Registrants



who are at least eighteen (18) years of age. By submitting a Registration Request, creating aRegistration, or maintaining a Registration you represent and warrant that you are at leasteighteen (18) years of age.

19. If you are entering into this Agreement Schedule on behalf of a corporate entity, yourepresent and warrant that you have the legal authority to bind such corporate entity to theterms and conditions contained in this Agreement Schedule, in which case the terms “you”,“your”, Applicant, or Registrant shall refer to such corporate entity. If, after your electronicacceptance of this Agreement Schedule, the Registry finds that you do not have the legalauthority to bind such corporate entity, you will be personally responsible for the obligationscontained in this Agreement Schedule, including but not limited to the payment obligations.The Registry shall not be liable for any loss or damage resulting from the Registry’s relianceon any instruction, notice, document, or communication reasonably believed by the Registryto 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, the Registry reserves the right (but undertakes no duty) to require additionalauthentication from you.

20. Registry Website may contain links to third party websites that are not owned or controlled by the Registry. The Registry assumes no responsibility for the content, terms andconditions, privacy policies, or practices of any third party websites, including withoutlimitation its service providers or dispute resolution providers.

21. No failure on the part of the Registry to exercise any power, right, privilege or remedyunder this Agreement Schedule, and no delay on the part of the Registry in exercising anypower, right, privilege or remedy under this Agreement Schedule, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any suchpower, right, privilege or remedy shall preclude any other or further exercise thereof or of anyother power, right, privilege or remedy. The Registry shall not be deemed to have waived any

claim arising out of this Agreement Schedule, or any power, right, privilege or remedy under this Agreement Schedule, unless the waiver of such claim, power, right, privilege or remedyis expressly set forth in a written instrument duly executed by the Registry; and any suchwaiver shall not be applicable or have any effect except in the specific instance in which it isgiven.

22. If any provision of this Agreement Schedule or the application thereof to any person,entity, or circumstances is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remainder hereof, and the application of such provision to such person, entity,or circumstances in any other jurisdiction, shall not be affected thereby, and to this end theprovisions of this Agreement Schedule shall be severable.

23. The Registry shall not be liable to you for any loss or damage resulting from any causebeyond its reasonable control (a “Force Majeure Event”) including, but not limited to,insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government or other competent authority, compliance with any statutoryobligation or executive order, fire, lightning, hurricane, explosion, flood, subsidence, weather of exceptional severity, and acts or omissions of persons of which the Registry is notresponsible.

24. This Agreement Schedule (including its schedules, the privacy policy, the auction rules,the launch plan and related policies, as well as the domain name dispute resolution policies which are incorporated herein by this reference and form a part of it) constitutes the entireagreement between the parties concerning the subject matter of this Agreement Schedule

and supersedes any prior agreements, representations, statements, negotiations,understandings, proposals or undertakings, oral or written, between the parties with respect

http://www.icmregistry.com/policies/privacy-policy/

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to the subject matter expressly set forth herein.

25. In the event of termination of this Agreement Schedule, the following terms shall survive:Section 1.6, 1.9-1.15, 1.20, 1.23, and 1.25.

B. ADDITIONAL TERMS FOR ALL SUNRISE APPLICANTS AND ALL LANDRUSHAPPLICANTS

1. At the close of the Sunrise period, if more than one Sunrise application of any kind (AT,AD, or B) is made for a domain name, all Sunrise Applicants for that name will be notified of the claims made by the other Sunrise Applicants for that name and that name will proceed toauction, in accordance with the Auction Rules. You agree to be bound by the Auction Rules.In furtherance of this provision, by submitting a Sunrise application you agree that theRegistry and/or its Validation Agent is authorized to share information relating to your Sunriseapplication with other Sunrise Applicants. In the event any Sunrise Applicant proceeds with aRegistration, such Applicant will be deemed on notice of the intellectual property claims

submitted by the other Sunrise Applicant(s) and may not claim lack of notice with regard tosuch Applicant(s) in any subsequent dispute proceeding. You acknowledge and agree thatyou may not use proxy services during the Sunrise period.

2. At the close of the Landrush period, if more than one Landrush application is made for adomain name, all Landrush applicants will be notified that the domain name will proceed toauction, in accordance with Auction Rules. You agree to be bound by the Auction Rules.

C. ADDITIONAL TERMS FOR SUNRISE B (NON-COMMUNITY TRADEMARK)APPLICANTS

1. If you have submitted a Reservation Request under the Registry’s Sunrise B procedure,

you acknowledge and agree that if your application is successful, your Reservation will notresult in a Registration, does not convey any additional rights, including without limitation anyadditional intellectual property rights, and queries will resolve to a standard page thatindicates that the name is reserved. You further acknowledge and agree that you may not inthe future elect to convert this Reservation to a resolving Registration.

2. You acknowledge and agree that the Registry, its affiliates and service providers, andIFFOR shall have no liability of any kind for any direct or indirect loss or liability resulting fromor arising in connection with the Sunrise processes, including, without limitation: (a) your ability or inability to reserve a name in the .XXX TLD through this process, and (b) anydispute between any parties arising in connection with this process.

D. ADDITIONAL TERMS FOR REGISTRANTS OF NON-RESOLVING NAMES

By applying to register a non-resolving name in .XXX TLD you acknowledge and agree that if your application is successful, your Registration will not resolve in the DNS. You further acknowledge and agree that you may not in the future elect to convert this Registration to aresolving Registration unless you subsequently qualify for membership in the SponsoredCommunity, complete the Membership Application Process on the Registry Website, andreceive Membership Credentials that you provide to your Registrar.

E. ADDITIONAL TERMS FOR MEMBERS OF THE SPONSORED COMMUNITY ANDPROXY SERVICES

1. By applying to register a resolving name in the .XXX TLD, you represent and warrant thatyou are a member of the Sponsored Community or a Registry-approved proxy service acting



on behalf of a member of the Sponsored Community.

2. In order to participate in the Registry’s Sunrise A or Landrush procedures, youacknowledge and agree that you must complete the Membership Application Process on the

Registry Website within forty eight (48) hours after the close of either Sunrise or Landrush, asapplicable to you. You further acknowledge and agree that if you do not complete theMembership Application Process within the above-referenced time frame, your request for aname in the .XXX TLD during the Sunrise A or Landrush procedures shall be deemed invalid.

3. If you are a member of the Sponsored Community, you represent and warrant that youhave provided or will provide current, accurate and complete information in connection withthe Membership Application Process, and will keep that information current. You understandthat your Registration will not resolve unless and until you supply your Registrar with theMembership Credentials you received upon completing the Membership Application Processon the Registry Website.

4. If you are a Registry-authorized proxy service, you represent and warrant that (i) you haveauthenticated the member of the Sponsored Community that has provided or will provide theMembership Credentials in connection with the Registration, and (ii) you will comply with themost current version of the proxy service standards posted on the Registry Website.

5. You acknowledge and agree that Registry, its affiliates and service providers, and IFFORshall have no liability of any kind for any direct or indirect loss or liability resulting from theproceedings and processes relating to the Sunrise Process, the Landrush process, GeneralAvailability period, or any process the Registry uses for allocating Premium Names or other names in the .XXX TLD, including without limitation: (a) the ability or inability of a Registrantto obtain a name in the .XXX TLD during these periods, and (b) any dispute, amongst anyparties, arising in connection with any of those processes.

6. You acknowledge and agree that the content of websites in the .XXX TLD may not beappropriate, legal, and or available for use in all locations, and hosting the name in territorieswhere such content is illegal is prohibited. If you choose to register and/or operate the namefrom a location outside the U.S., you do so on your own initiative. In all cases, you areresponsible for compliance with local laws.

F. ADDITIONAL TERMS APPLICABLE TO PREMIUM NAMES

Notwithstanding Section 1.24 of this Agreement Schedule, you acknowledge and agree that if the name you are seeking to register is a Premium Name, as determined by the Registry inits sole discretion, then use of the name is also subject to the terms and conditions of a

separate agreement between you and the Registry, and that your rights in any such namesare also governed by the terms of that separate agreement.

G. DEFINITIONS

Any capitalized terms not otherwise defined in this Agreement Schedule have the means setforth on the Registry Website.

23. OTHER COUNTRY CODE TOP LEVEL DOMAINS

You represent and warrant that you meet the eligibility requirements of each ccTLD you applyfor. You further agree to be bound by any registry rules, policies, and agreements for that

particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLDprovider, limiting the liability of the ccTLD provider, and requirements that any disputes be



resolved under that particular country's laws.

24. PROVISIONS SPECIFIC TO .AG REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules,policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.

25. PROVISIONS SPECIFIC TO .AM REGISTRATIONS


26. PROVISIONS SPECIFIC TO .ASIA REGISTRATIONS

You represent and warrant that you meet all the eligibility requirements of this TLD. Youfurther agree to be bound by any registry rules, policies and agreements for this TLD. Theregistration guidelines for this TLD are available here and are incorporated herein.

You consent to the use, copying, distribution, publication, modification and other processingof your personal information by DotAsia Organisation Limited and its designees and agents ina manner consistent with the purposes specified pursuant to the Registry-Registrar agreement and with relevant mandatory local data protection laws and privacy.

You agree to correct and update the registration information for the domain nameimmediately during the registration term for the domain name.

You agree to comply with those ICANN requirements, standards, policies, procedures andpractices for which DotAsia Organisation Limited has monitoring responsibility in accordancewith the Registry Agreement or with other arrangements with ICANN.

You agree to comply with all the operational standards, policies, procedures and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsiaOrganisation Limited ("Registry Policies"). You acknowledge that Registry Policies areapplicable to all registrars and domain name registrants. Any changes to the Registry Policiesby the DotAsia Organisation Limited that are consistent with the Registry Agreement shall beeffective upon thirty (30) days' notice by DotAsia Organisation Limited to Registrar.

You agree to be bound by the terms and conditions as set down by DotAsia OrganisationLimited during the initial launch and the general operations of the .ASIA TLD, includingwithout limitation its Start-Up Policies where such terms and conditions include thesubmission to a binding arbitration for disputes arising from the Start-Up process or anyallocation of domain names.

You agree to submit to the proceedings commenced under ICANN's Uniform Domain NameDispute Resolution Policy ("UDRP") and to proceedings commenced under ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP").

You agree to submit to proceedings commenced under other dispute resolution policies asset forth by DotAsia Organisation Limited from time to time in the Registry Policies, includingbut not limited to expedited processes for suspension of a domain name by claims sought by

intellectual property rights holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the

http://www.nic.ag/terms.htm


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http://www.isoc.am/

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http://www.isoc.am/

http://www.dotasia.org/draft/DotAsia-General-Policies--FINALDRAFT-v-1-0.pdf



.ASIA Registry.

You acknowledge and agree to comply with the .ASIA Charter Eligibility Requirement.

You, acting as Registrant Contact, represent and warrant that you have made known to theCharter Eligibility Declaration Contact (the "CED Contact"), and the CED Contact has agreed,that the Registrant Contact and the CED Contact will jointly be defined as the RegisteredName Holder, and that it shall be jointly responsible for the domain name in the event of adispute or a challenge over your legal entitlement to or the ownership of the domain name.The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's.ASIA Charter Eligibility Requirement Policy published from time to time.

You, acting as Registrant Contact, agree that it has obtained an agreement from the CEDContact that you shall remain the Operating Contact for all operations of the domain name,including but not limited to domain name transfer and updates.

You agree to indemnify, to the maximum extent permitted by law, defend and hold harmlessthe Registry Operator DotAsia Organisation Limited and its director, officers, employees andagents from and against any and all claims, damages, liabilities, costs and expenses,including reasonable legal fees and expenses, arising out of or relating to your domain nameregistration and or use.

Notwithstanding the other provisions in this Agreement, you agree that this indemnificationobligation shall survive the termination or expiration of this Agreement.

You acknowledge and agree that DotAsia Organisation Limited and Go Daddy, acting inconsent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer anyregistration that it deems necessary, in its sole discretion (i) to protect the integrity, security

and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolutionprocess; (iii) to avoid any liability, civil or criminal, on the part of DotAsia OrganisationLimited, as well as its affiliates, subsidiaries, officers, directors, representatives, employeesand stockholders; (iv) for violations of the terms and conditions herein; or (v) to correctmistakes made by DotAsia Organisation Limited, Go Daddy or any registrar in connectionwith a domain name registration. DotAsia Organisation Limited also reserves the right tofreeze a domain name such as placing a domain name on hold, lock or other status duringthe resolution of a dispute.

Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, theRegistry Operator of the .ASIA TLD, is and shall be an intended third-party beneficiary of this

Agreement. As such, you acknowledge and agree that the third-party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third-party beneficiaryrights under this Agreement in agreeing to Go Daddy being a registrar for the .ASIA TLD.Additionally, the third-party beneficiary rights of DotAsia Organisation Limited shall surviveany termination or expiration of this Agreement.

You acknowledge and agree that the submitting of a "Sunrise or General Pre-registrationApplication" does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, theregistration fee shall be refunded. In the case of a "Sunrise Application" where an applicationfee was collected, that fee shall not be refunded.

In the event there is a conflict between the provisions of this section and the other provisions



of this Agreement, the provisions of this section shall control.

27. PROVISIONS SPECIFIC TO .AT REGISTRATIONS

You understand and agree that in order to register these domain names, a pre-registrationDNS validation check is required by the Registry. You represent and warrant that you meetthe eligibility requirements of this ccTLD. You further agree to be bound by any registry rules,policies, and agreements for this ccTLD. The registration guidelines for this ccTLD areavailable here and are incorporated herein.

28. PROVISIONS SPECIFIC TO .BE REGISTRATIONS

You understand and agree that in order to register these domain names, a pre-registrationDNS validation check is required by the Registry. You agree to be bound by any registryrules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD areavailable online and are incorporated herein.

29. PROVISIONS SPECIFIC TO .BR REGISTRATIONS

You agree to be bound by the current and future .BR registry policies as detailed or linked toon the .br website, located here.

30. PROVISIONS SPECIFIC TO .BZ REGISTRATIONS

You agree to be bound by current future .BZ registry policies as detailed or linked to on the.BZ website, located here.

You acknowledge and agree that the .BZ registry reserves the right to instruct its registryservices provider to deny, cancel, transfer or otherwise make unavailable any registration thatit deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2)to comply with any applicable laws, government rules or requirements, requests of lawenforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civilor criminal, on the part of the .BZ Registry, as well as its affiliates, subsidiaries, officers,directors, representatives, employees, and stockholders; (4) for violations of this Agreement;or (5) to correct mistakes made by the .BZ registry or any registrar in connection with adomain name registration. The .BZ registry also reserves the right to place on LOCK, HOLDor other similar status any domain name during resolution of a dispute.

31. PROVISIONS SPECIFIC TO .CA REGISTRATIONS

a. CIRA may, at its option, extend any period for the registration of a Domain Name at nocharge to the Registrar or you for such further period of time as CIRA may determine, in itssole discretion;

b. You acknowledge and agree that CIRA shall not be liable to you for any loss, damage, or expense arising out of CIRA's failure or refusal to register a Domain Name, CIRA's failure or refusal to renew a Domain Name Registration, CIRA's registration of a Domain Name, CIRA'srenewal of a Domain Name Registration, CIRA's failure or refusal to transfer a Domain NameRegistration, CIRA's transfer of a Domain Name Registration, CIRA's failure or refusal tomaintain or modify a Domain Name Registration, CIRA's maintenance of a Domain NameRegistration, CIRA's modification of a Domain Name Registration, CIRA's failure to cancel aDomain Name Registration, CIRA's cancellation of a Domain Name Registration from the

Registry, the loss of Membership in CIRA resulting from CIRA's cancellation of a DomainName Registration from the Registry or from a Member's failure to comply with the Registry

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PRP, or CIRA's refusal to admit an applicant as a Member;

c. In no event shall you pursue any Claim against CIRA and in no event shall CIRA be liablefor any direct, indirect, special, punitive, exemplary or consequential damages including, but

not limited to, damages resulting from loss of use, lost profits, lost business revenue, or third-party damages or arising from any breach by the Registrar of its obligations under anyagreement between the Registrar and a Registrant or the Registrar Agreement betweenCIRA and the Registrar;

d. Registration of your selected Domain Name in its first application to CIRA shall not beeffective until you have entered into and agreed to be bound by CIRA's RegistrantAgreement;

e. The Registrar shall immediately give notice to you in the event that the Registrar is nolonger a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated, or the Registrar Agreement between CIRA and the Registrar is

terminated or expires. CIRA may post notice of such suspension, termination, or expiry on itswebsite and may, if CIRA deems appropriate, give notice to the Registrants thereof;

f. In the event that the Registrar is no longer a CIRA Certified Registrar, has had itscertification as a CIRA Certified Registrar suspended or terminated or in the event theRegistrar Agreement between CIRA and the Registrar is terminated or expires, you shall beresponsible for changing its Registrar of Record to a new CIRA Certified Registrar withinthirty (30) days of the earlier of notice thereof being given to you by (i) the Registrar or (ii)CIRA in accordance with CIRA's then current Registry PRP; provided, however, that if any of the Registrant's Domain Name Registration(s) is scheduled to expire within thirty (30) days of the giving of such notice, then you shall have thirty (30) days from the anniversary date of theregistration(s), to register with a new CIRA certified registrar and to renew such DomainName Registration(s) in accordance with the Registry PRP;

g. You acknowledge and agree that, should there be insufficient funds prepaid by theRegistrar in the CIRA Deposit Account to be applied in payment of any Fees, CIRA may in itssole discretion stop accepting applications for Domain Name Registrations from theRegistrar, stop effecting registrations of Domain Names and transfers, renewals,modifications, and cancellations of Domain Name Registrations requested by the Registrar and stop performing other billable transactions requested by the Registrar not paid in full andCIRA may terminate the Registrar Agreement between CIRA and the Registrar;

h. You shall not, directly or indirectly, through registration or use of its Domain Name or otherwise: (i) violate or contribute to the violation of the intellectual property rights or other rights of any other Person; ii. defame or contribute to the defamation of any other Person; or (ii) unlawfully discriminate or contribute to the unlawful discrimination of any other Person;

i. You agree that CIRA shall not be responsible for the use of any Domain Name in theRegistry and that CIRA shall not be responsible in any way whatsoever for any conflict or dispute with or any actual or threatened Claim against a Registrar or you, including onerelating to a registered or unregistered trade-mark, a corporate, business, or other trade-name, rights relating to a name or other identifying indicia of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawfuldiscrimination with respect to any other Person;

j. CIRA shall have the right, at any time and from time to time, acting reasonably, to amendthe Registrar Agreement between CIRA and the Registrar, and any or all of the Registry PRPand to adopt new Registry PRP not yet in effect. Any such amendment will be binding andeffective on the Registrar thirty (30) days after ICRA gives notice of such amendment by



email to the Registrar. The Registrar and you agree to promptly amend the agreementbetween the Registrar and you to reflect any amendments to Section 4.2 of the Registrar Agreement between CIRA and the Registrar;

k. You acknowledge and agree that registration of a Domain Name does not create anyproprietary right for you, the Registrar, or any other Person in the name used as a DomainName or the Domain Name Registration and that the entry of a Domain Name in the Registryor in the Whois shall not be construed as evidence or ownership of the Domain Nameregistered as a Domain Name. You shall not in any way transfer or purport to transfer aproprietary right in any Domain Name Registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a Domain Name Registration;

l. You further acknowledge and agree that the Registrar may make changes to theAdministrative Contact details at any time without having to comply with the change of criticalinformation approval process (as set out in the applicable Registry PRP), provided you havegranted your Registrar the authority to do so and has not revoked said authority. If you havetwo (2) or more Registrars, only one (1) of your Registrars may be granted said authority.You may at any time revoke said authority or provide said authority to another of your Registrars;

m. You acknowledge and agree that your Registrar may, in accordance with the applicableRegistry PRP, cancel your Domain Name Registrations within seven (7) days of Activationand cancel the renewal of your Domain Name Registration provided that the renewal termhas not yet commenced.

32. PROVISIONS SPECIFIC TO .CC REGISTRATIONS

You represent and warrant that you meet the eligibility requirements of this ccTLD. You

further agree to be bound by any registry rules, policies, and agreements for this ccTLD. Theregistration guidelines for this ccTLD are available here and are incorporated herein.

Indemnification

You agree to indemnify, defend and hold harmless the .CC Registry Operator, Verisign, Inc.,and its directors, officers, employees, agents, and affiliates from and against any and allclaims, damages, liabilities, costs and expenses, including reasonable legal fees andexpenses arising out of or relating to the Registered Name Holder's domain nameregistration.

33. PROVISIONS SPECIFIC TO .CN REGISTRATIONS

If you are registering a .CN domain name you also agree to:

Limitations on Registration

You may not register or use a domain name that is deemed by China Internet NetworkInformation Center ("CNNIC") to:

i. Be against the basic principles prescribed in the Constitution of the PeoplesRepublic of China ("PRC");

ii. Jeopardize national security, leak state secrets, intend to overturn the

government, or disrupt the state of integrity of the PRC;iii. Harm national honor and national interests of the PRC;

http://www.verisigninc.com/en_US/company-information/government-relations/tv-cc-domain-name-registration-policies/index.xhtml




iv. Instigate hostility or discrimination between different nationalities, or disrupt thenational solidarity of the PRC;

v. Violate the PRC's religion policies or propagate cult and feudal superstition;

vi. Spread rumors, disturb public order or disrupt social stability of the PRC;

vii. Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;

viii. Insult, libel against others and infringe other people's legal rights and interestsin the PRC; or

ix. Take any other action prohibited in laws, rules and administrative regulations of the PRC.

Restrictions on Transfer of cnTLD Domain Names

You understand that you may not transfer to or from a domain name registrar that isheadquartered or controlled by an entity located inside China.

Jurisdiction

For the adjudication of disputes concerning or arising from use of the registered .cn DomainName, you agree to submit, without prejudice to other potentially applicable jurisdictions, tothe jurisdiction of the courts of (1) your domicile state, (2) Arizona, and (3) the People'sRepublic of China.

Suspension of Service:

You agree that your registration of the .cnTLD domain name shall be subject to suspension,cancellation, or transfer pursuant to any NeuLevel or CNNIC adopted specification or policy.

Compliance with CNNIC Dispute Resolution Policy

You agree to obey, comply with and be bound by the CNNIC Dispute Resolution Policy andany and all updates, revisions and modifications, which may be made by CNNIC from time totime. The CNNIC Dispute Resolution Policy may be currently accessed here.

Right to Accept Notice

You give Go Daddy the right to accept written complaints from third parties against falseand/or inaccurate Whois data and you agree to follow any procedural regulation that mayexist between the .CN registry operator, currently NeuLevel Inc. and Go Daddy.

Indemnification

You agree to indemnify, defend and hold harmless the .CN Registry Operator, NeuLevel,Inc., and its directors, officers, employees, agents, and affiliates from and against any and allclaims, damages, liabilities, costs and expenses, including reasonable legal fees andexpenses arising out of or relating to the Registered Name holder's domain nameregistration. This indemnification requirement shall survive the termination or expiration of thisAgreement.

.CN Registration Restrictions

You acknowledge and agree that you are not permitted to purchase private or proxy .CN

http://www.cnnic.net.cn/html/Dir/2003/11/20/1380.htm

http://www.cnnic.net.cn/html/Dir/2003/11/20/1380.htm



registrations. You shall register for any and all .CN registrations using your personalinformation, which information you represent and warrant is current, accurate and complete.

34. PROVISIONS SPECIFIC TO .CO REGISTRATIONS

You agree to (within thirty days of demand) indemnify, defend and hold harmless the .coRegistry and their respective affiliates and subsidiaries, as well as each of their respectiveowners, directors, managers, officers, employees, contractors, service providers and agentsfrom and against any and all claims, damages, liabilities, costs and expenses, includingreasonable legal fees and expenses (including on appeal), arising out of or relating in anyway to your domain name registration, including, without limitation, the use, registration,extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicableterms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without the Registry's prior written consent,which consent shall not be unreasonably withheld. This indemnification obligation shallsurvive the termination or expiration of this Agreement for any reason.

You shall comply with operational standards, policies, procedures, and practices for the .CoTLD as set forth in the MINTIC Agreement as updated from time to time by Registry in a non-arbitrary and non-discriminatory manner consistent with the MINTIC Agreement, including,without limitation, Adopted ICANN Policies.

You hereby acknowledge and agree that: a) the registration and exclusive and perpetual rightof use and enjoyment for any Registered Name may be cancelled if Registry determines thatyou have provided information that is incorrect, false or inaccurate either in the initialregistration process or in any subsequent communications or in the event you violate any of the terms of the MINTIC Agreement; b) you will follow and be bound by all Registry Policies(including, without limitation, the Administrator Privacy Policy), as the same may be updated,modified or replaced from time to time, and to subject themselves to any dispute resolutionprocess for the resolution of disputes regarding Registered Names that may be adopted byRegistry, as the same may be updated, modified or replaced from time to time, including, butnot limited to, any expedited processes for suspension of a domain name due to claimssought by intellectual property rights holders; c) your domain name may be suspended,terminated, canceled or transferred in the interest of safeguarding compliance with Registry'ssecurity or registration policies or as a result of a dispute resolution; d) all official contact,correspondence and/or other information sent from or on behalf of Registry or any other relevant official will be transmitted to the administrative contact information that appears inthe Registry Database and that the designated administrative contact is authorized to receiveall such communication and information; e) all disputes, claims or controversies regarding theregistration, ownership, use, transfer, assignment, loss, cancellation, or suspension of anyRegistered Name or otherwise relating to the .Co TLD between you and Registry shall be

governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogotá,Colombia; f) you assume all responsibility and liability arising out of any assignment by you of the Registered Name, including, without limitation, with respect to any users, clients,customers, licensees or other persons who may be using any sub-domain name of theRegistered Name or any Website associated with the Registered Name; g) neither acceptance of your registration request nor the actual registration of any Registered Domainshall be deemed an indication that Registry or the Colombian Government has made anydetermination regarding the legality of the registration, the extent to which your registrationand exclusive and perpetual right of use and enjoyment of the Registered Name may violateany applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Registry nor the Colombian

Government shall have any liability or responsibility arising therefrom; h) shall be bound bythe terms and conditions of the initial launch and general operation of the .Co TLD, including



without limitation the Sunrise and Landrush periods, and the corresponding dispute resolutionpolicies, and that Administrator shall have no liability of any kind for any loss or liabilityresulting from (a) the ability or inability of you to obtain a Registered Name during theseperiods, or (b) the results of any dispute procedures.

You acknowledge you have read and understand and agrees to be bound by the terms andconditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN,available at http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the "UDRP"), as the samemay be amended from time to time and which is hereby incorporated and made an integralpart of this Agreement.

The UDRP policy, which is hereby adopted by Registrar as an Adopted ICANN Policy, setsforth the terms, conditions and procedures that govern disputes between you and any partyother than the Registry over the registration and/or use of a Registered Name. Registry willnot review, monitor, or otherwise verify that any particular Registered Name is being used incompliance with the UDRP process, any other Registry Policy or any GovernmentalRequirement.

35. PROVISIONS SPECIFIC TO .DE REGISTRATIONS

You represent and warrant that you meet the eligibility requirements of this ccTLD. Youfurther agree to be bound by any registry rules, policies, and agreements for this ccTLD. Theregistration guidelines for this ccTLD are available online and are incorporated herein.

.DE Registration Restrictions

You represent and warrant that you or your administrative contact has a German address,which cannot be a P.O. Box. You may not use the names of other top level domains (e.g.

.ARPA, .COM, .EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related TLDs) or German automobile identification numbers as domain names.

.DE Local Presence Service

If you do not provide an administrative contact ("Admin-C") with a German address, then youshall be subject to the local presence service terms and conditions, which are part of theregistration guidelines for this ccTLD. You also agree to the following:

i. Go Daddy and you hereby request and authorize Key-Systems to l ist anindividual designated by Key-Systems as Admin-C for the requested DENIC domainname(s). Neither Key-Systems nor the Admin-C are required to monitor the legality of

the domain name use including, not limited to, contents and services offered.ii. Go Daddy and you acknowledge and agree that Key-Systems and/or the

Admin-C may, without any liability to you or any third party, take such steps as in theopinion of Key-Systems and/or the Admin-C are necessary in order to (a) limit Key-System's and/or the designated Admin-C's liability related to, directly or indirectly, theDENIC domain name(s); (b) comply with any laws, regulations or other legalrequirements; and/or (c) address any letter, causes of action, suits, proceeding,complaints, cease and desist orders and demands of any kind or any other inquiry fromDENIC or any other third party related to the DENIC domain name(s). Such actionsmay include, but are not limited to, (a) disabling the website pending resolution of theconflict and/or redirecting the DENIC domain name(s) to a blank page or placeholder;(b) cancelling the registration of the DENIC domain name(s); (c) ceasing administration

of the domain name and placing it in a transit state; (d) removing or replacing theAdmin-C from or in the Whois record, (e) redirecting the DENIC domain name(s) to an

http://www.denic.de/en/richtlinien.html

http://www.denic.de/en/richtlinien.html



alternate IP address; (f) allowing the registration of the DENIC domain name(s) tolapse; (g) transferring the registration to an individual or entity which is awarded theregistration through any court proceeding, arbitration, or by DENIC; (h) settling any andall third-party claims, whether threatened or made, arising out of your use of the DENICdomain name(s); and/or (i) terminating the Local Presence Service. Go Daddy and you

undertake to respond in writing to requests by Verisign and/or the Admin-C immediatelywithin time limits set by Key-Systems and/or the Admin-C. Unless a different responsedeadline is requested in writing by Key-Systems and/or the Admin-C, Go Daddy andyou agree to respond in writing to such requests within forty-eight (48) hours.Correspondence sent to Go Daddy or you shall be regarded as delivered. Key-Systemsor the Admin-C may, at its own discretion, request a security for its expenses whichmay occur in case a third party alleges that the use of the domain name is aninfringement of laws. The amount of security will be determined at the Admin-Cdiscretion in accordance with the Court Costs (GKG) and the Attorney's RemunerationAct (RVG). The security must be paid in cash or guaranteed by a major German bankor savings bank (Sparkasse) within the time limit set by Key-Systems and/or the Admin-C.

iii. GO DADDY AND YOU ACKNOWLEDGE AND AGREE THAT KEY-SYSTEMSAND THE ADMIN-C SHALL HAVE NO LIABILITY TO YOU, GO DADDY OR ANYTHIRD PARTY RELATED TO, DIRECTLY OR INDIRECTLY, THE LOCAL PRESENCESERVICES AND/OR THE EXERCISE OF ANY OF THEIR RIGHTS UNDER THESELOCAL PRESENCE SERVICES TERMS AND CONDITIONS. THIS LIMITATIONAPPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ONCONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANYOTHER BASIS, EVEN IF VERISIGN HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION ORELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,KEY-SYSTEM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THEGREATEST EXTENT PERMITTED BY LAW.

iv. Go Daddy and you agree to release, defend, indemnify and hold harmless Key-Systems, its parent companies, subsidiaries, affiliates, shareholders, agents, directors,officers and employees and the individual designated as Admin-C for the DENICdomain name(s), from and against any and all claims (including, but not limited to,claims of trademark infringement or cybersquatting), demands, liabilities, losses,damages or costs, including reasonable attorneys' fees, arising out of or related in anyway to, the Local Presence Services, the DEMINC domain name(s), and/or your use of the DEMIN domain name(s).

36. PROVISIONS SPECIFIC TO .ES REGISTRATIONS


37. PROVISIONS SPECIFIC TO .EU REGISTRATIONS

.EU Registration Restrictions

You acknowledge and agree that you are not permitted to purchase private or proxy .EUregistrations. You shall register for any and all .EU registrations using your personalinformation, which information you represent and warrant is current, accurate and complete.Further, you acknowledge and agree that you are not permitted and shall not attempt to

register any .EU registrations unless you have a physical presence in the European Union.

https://www.nic.es/section/index.action;jsessionid=EA44E4B7E52CD7F029069564E22F465F.vertebranic_dni02?sec=259&request_locale=en





Compliance with Applicable Law

You agree to obey, comply with and be bound by any and all applicable laws, regulations andadministrative policies promulgated by the European Registry of Internet Domain Names

("EURID").

Compliance with EURID Rules

You agree to obey, comply with and be bound by EURID rules and regulations and any andall updates, revisions and modifications thereto, which may be made by EURID from time totime, including, but not limited to, their dispute policies, and the .eu Domain NameRegistration Terms and Conditions which may be found here and the .eu Domain NameRegistration Policy which may be found here.

Compliance with EURID Domain Name Whois Policy

You agree to obey, comply with and be bound by the EURID Domain Name Whois Policy andany and all updates, revisions and modifications thereto, which may be made by EURID fromtime to time, which may be found here.

Jurisdiction

For the adjudication of disputes concerning or arising from use of the registered .EU domainname, you agree to submit, without prejudice to other potentially applicable jurisdictions, tothe jurisdiction of the courts of (1) your domicile state, (2) the State of Arizona and (3) theUnited Kingdom.

Sunrise and General Pre-registration Applications

You acknowledge and agree that the submitting of a "Sunrise or General Pre-registrationApplication" does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, theregistration fee shall be refunded. In the case of a "Sunrise Application" where an applicationfee was collected, a portion of that fee shall be refunded after the deduction of a handling fee,which you acknowledge and agree is subject to change based on fluctuations in the USDollar and Euro exchange rates.

.EU Dispute Resolution/ADR

EURID offers an alternative procedure for resolving disputes concerning .EU domain names,

which can be found here. When applicable, you acknowledge such procedure and agree thatyou shall comply with and abide by its terms and conditions.

38. PROVISIONS SPECIFIC TO .FM REGISTRATIONS


39. PROVISIONS SPECIFIC TO .FR REGISTRATIONS


http://www.eurid.eu/files/trm_con_EN.pdf


http://www.eurid.eu/files/reg_pol_EN.pdf



http://www.eurid.eu/files/whois_en.pdf

http://www.eurid.eu/en/eu-domain-names/disputes

http://dot.fm/policy.html


http://www.afnic.fr/data/chartes/charter-fr-2010-03-16.pdf




http://www.eurid.eu/files/whois_en.pdf

http://www.eurid.eu/en/eu-domain-names/disputes





40. PROVISIONS SPECIFIC TO .GS, .MS, .TC, AND .VG REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules,policies, and agreements, and any and all updates, revisions and modifications thereto, for

these ccTLDs, which may be found here.

41. PROVISIONS SPECIFIC TO .IN REGISTRATIONS

You agree to be bound by current and future .IN registry policies as indicated on the .INregistry website located here.

You acknowledge and agree the .IN registry reserves the right to instruct its registry servicesprovider to deny, cancel, transfer or otherwise make unavailable any registration that itdeems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2)to comply with any applicable laws, government rules or requirements, requests of lawenforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil

or criminal, on the part of the .IN Registry, as well as its affiliates, subsidiaries, officers,directors, representatives, employees, and stockholders; (4) for violations of this Agreement(including its Exhibits); or (5) to correct mistakes made by the .IN registry or any registrar inconnection with a domain name registration. The .IN registry also reserves the right to freezea domain name during resolution of a dispute.

You agree to be bound by the policy and procedures for resolution of disputes concerningregistered .IN domain names in accordance with the .IN Registry's Domain Name DisputeResolution Policy ("Dispute Policy").

You agree to be bound by current and future .IN registry policies as indicated on the .INregistry website located at www.registry.in .

You acknowledge and agree that the .IN registry reserves the right to instruct its registryservices provider to deny, cancel, transfer or otherwise make unavailable any registration thatit deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2)to comply with any applicable laws, government rules or requirements, requests of lawenforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civilor criminal, on the part of the .IN Registry, as well as its affiliates, subsidiaries, officers,directors, representatives, employees, and stockholders; (4) for violations of this Agreement(including its Exhibits); or (5) to correct mistakes made by the .IN registry or any registrar inconnection with a domain name registration. The .IN registry also reserves the right to freezea domain name during resolution of a dispute.

You agree to be bound by the policy and procedures for resolution of disputes concerningregistered .IN domain names in accordance with the .IN Registry's Domain Name DisputeResolution Policy ("Dispute Policy").

42. PROVISIONS SPECIFIC TO .IT REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules,policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, including without limitation the "Rules of assignment and management of domainnames in the ccTLD.it", which may be found here and the "Regulations for the resolution of disputes in the ccTLD.it", which may be found here. In addition, unless you complete your domain name registration using Go Daddy's fee-based trustee service, you specifically

represent and warrant that you:

http://www.adamsnames.com/


http://www.registry.in/


http://www.nic.it/create-and-change.it/regulations-and-guidelines


http://www.nic.it/legal-issues/regulation-disputes-and-legal-guidelines/








i. Are a citizen or resident in a country belonging to the European Union (in thecase of registration for natural persons);

ii. Are established in a country belonging to the European Union (in the case of registration for other organizations);

iii. Are entitled to the use and/or legal availability of the domain name applied for,and that it does not prejudice, with the request for registration, the rights of others;

iv. Are aware and agree that in the case of erroneous or false declarations in thisrequest, the Registry shall immediately revoke the domain name, or proceed with other legal actions. In such case the revocation shall not in any way give rise to claimsagainst the Registry or Go Daddy;

v. Release the Registry and Go Daddy from any liability resulting from theassignment and use of the domain name by the natural person or organization that hasmade the request; and

vi. Accept Italian jurisdiction and laws of the Italian State.

43. PROVISIONS SPECIFIC TO .JP REGISTRATIONS

You represent and warrant that you have a local presence in Japan with a home or officeaddress. You agree that certain domain names are reserved and can only be registered bycertain parties. These include:

i. TLDs, other than ccTLDs, as determined by ICANN;

ii. Geographical-type .JP domain names that are defined as metropolitan,prefectural, and municipal labels;

iii. Names of primary and secondary educational organizations;

iv. Names of organizations related to Internet management;

v. Names required for .JP domain name operations; and

vi. Character strings which may be confused with ASCII-converted Japanesedomain names.

The complete list of .JP Reserved Domains is available online.

Additional Requirements for .JP Registrants

You agree to be bound by any registry rules, policies, and agreements for this ccTLD, whichare incorporated herein. You must choose from the following list of Japanese Prefecturecodes and submit this information with your order. Prefecture codes are defined as follows:

01 HOKKAIDO13 SAITAMA25 OSKA37 TOKUSHIMA

02 AOMORI14 IBARAKI26 WAKAYAMA38 EHIME

03 IWATE

15 TOCHIGI27 HYOGO

http://www.nic.ad.jp/dotjp/doc/dotjp-reserved.html





39 KOCHI

04 AKITA16 GUNMA

28 TOYAMA40 FUKUOKA

05 YAMAGATA17 YAMANASHI29 FUKUI41 SAGA

06 MIYAGI18 SHIZUOKA30 ISHIKAWA42 NAGASAKI

07 FUKUSHIMA19 GIFO31 OKAYAMA43 KUMAMOTO

08 NIIGATA20 AICHI32 SHIMANE44 OITA

09 NAGANO

21 MIE33 YAMAGUCHI45 MIYAZAKI

10 TOKYO22 KYOTO34 TOTTORI46 KAGOSHIMA

11 KANAGAWA23 SHIGA35 HIROSHIMA

47 OKINAWA

12 CHIBA24 NARA36 KAGAWA

44. PROVISIONS SPECIFIC TO .ME REGISTRATIONS

You acknowledge and agree to obey, comply and be bound by any and all registry rules,policies and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.

You agree to indemnify, defend and hold harmless the .ME Registry, its owners, subsidiaries,affiliates, subcontractors and agents, and the respective directors, officers, employees,

http://www.domain.me/index.php?page=25





affiliates and agents of each of them, from and against any and all claims, damages,liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration or the use of any domain name registered in theTLD by or on your behalf.

45. PROVISIONS SPECIFIC TO .MX REGISTRATIONS

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. Theregistration policies for this ccTLD are available here.

You acknowledge and agree that in regards to disputes over domain name ownership, GoDaddy will not resolve disputes over ownership. If Go Daddy is provided with a filed courtdispute in a court of competent jurisdiction, the domain name will remained locked pendingthe court's decision.

You acknowledge and agree that during landrush registration, the .MX registry may decrease

the registration fees over time. You agree that in the event you purchase a domain name, youare not entitled to a refund in the event the registration fees are decreased after your purchase.

You agree to indemnify, defend and hold harmless the .MX registry operator, and itsdirectors, officers, employees, agents, and affiliates from and against any and all claims,damages, liabilities, costs and expenses, including reasonable legal fees and expensesarising out of or relating to your domain name registration.

You acknowledge and agree a copy of the customer contact data you provide will be used asthe initial domain name contact data and made public in the Whois database.

IN NO EVENT SHALL THE .MX REGISTRY OPERATOR BE LIABLE TO YOU OR ANYOTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT ORGOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THEBASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES,EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITSINCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE DOMAINNAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE .MX REGISTRYOPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

46. PROVISIONS SPECIFIC TO .NL REGISTRATIONS

You represent and warrant that all information provided by you is correct, complete andcomplies with all .nl General Terms and Conditions for .NL Registrants, which may be foundhere.

You further agree to be bound by any registry rules, policies, and agreements for this ccTLD.The registration guidelines are available here and are incorporated herein.

47. PROVISIONS SPECIFIC TO .NU REGISTRATIONS


48. PROVISIONS SPECIFIC TO .NZ REGISTRATIONS (.CO.NZ, .ORG.NZ,

http://www.nic.mx/es/Politicas?CATEGORY=INDICE


http://www.sidn.nl/ace.php/p,728,5693,368340178,AV_houders_UK_pdf



http://www.nic.nu/about/terms.cfm








.NET.NZ)

You represent and warrant that you meet the eligibility requirements of this ccTLD. Youunderstand and agree that in order to register these domain names, a pre-registration DNS

validation check is required by the Registry. You further agree to be bound by any registryrules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD areavailable online and are incorporated herein.

If you are registering a Second Level Domain under this ccTLD, you further agree to bebound by the Second Level Domain's rules, policies, and agreements, which are incorporatedand made a part of this Agreement herein.

.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)

You represent and warrant that you are an identifiable individual over 18 years of age or aproperly constituted organization.

49. PROVISIONS SPECIFIC TO .SC REGISTRATIONS


50. PROVISIONS SPECIFIC TO .SE REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules,policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here. You acknowledge and agree that registrations for this

ccTLD are provided in connection with 1API.

51. PROVISIONS SPECIFIC TO .TK REGISTRATIONS


52. PROVISIONS SPECIFIC TO .TV REGISTRATIONS

You represent and warrant that you meet the eligibility requirements of this ccTLD. You

further agree to be bound by any registry rules, policies, and agreements for this ccTLD. Theregistration guidelines for this ccTLD are available here and are incorporated herein.

.TV Registration Restrictions

If you are registering a multi-lingual .TV domain name, you are aware of and agree that thedomain name must be less than sixteen (16) characters in length. The FAQ on multi-lingual .TV domain names is available here.

53. PROVISIONS SPECIFIC TO .TW REGISTRATIONS

If you are registering a .TW domain name you also agree to the following:

http://www.dnc.org.nz/story/30037-42-35.html


http://www.nic.sc/en/policies.html


http://www.iis.se/en/domaner



http://www.dot.tk/en/pageF00.html


http://www.verisign.com/information-services/naming-services/othertlds/page_042130.html






http://www.verisign.com/information-services/naming-services/othertlds/page_042130.html




Compliance with Applicable Law

You agree to obey and comply with any and all applicable laws, regulations andadministrative policies promulgated by the Taiwan Network Information Center ("TWNIC").

Compliance with TWNIC Rules

You agree to obey, comply with and be bound by TWNIC rules and regulations and their anyand all updates, revisions and modifications, which may be made by TWNIC from time totime, including but not limited to:

i. Supervision and Guidance Regulation for Internet Protocol (IP) Address and

Domain Name Registration and Management Services here.

ii. Guidelines for Administration of Domain Name Registration here.

iii. Guidelines for Authorization of Domain Name Registration Services here.

iv. TWNIC Domain Name Dispute Resolution Policy here.

v. Rules for TWNIC Domain Name Dispute Resolution Policy here.

Right to Accept Notice

You give Go Daddy the right to accept written complaints from third parties against falseand/or inaccurate Whois data and you agree to follow any procedural regulation that mayexist between the .TW registry operator, currently NeuLevel Inc. and Go Daddy.

Governing Law

With regards to .TW domain names, this Agreement will be interpreted and governed by theLaws of Taiwan.

Indemnification

You agree to indemnify, defend and hold harmless the .TW Registry Operator, NeuLevel,Inc., and its directors, officers, employees, agents, and affiliates from and against any and allclaims, damages, liabilities, costs and expenses, including reasonable legal fees andexpenses arising out of or relating to the Registered Name holder's domain nameregistration. This indemnification requirement shall survive the termination or expiration of thisAgreement.

.TW Registration Restrictions

You acknowledge and agree that you are not permitted to purchase private or proxy .TWregistrations. You shall register for any and all .TW registrations using your personalinformation, which information you represent and warrant is current, accurate and complete.

54. PROVISIONS SPECIFIC TO .UK REGISTRATIONS (.ORG.UK, .ME.UK,.CO.UK)

You represent and warrant that you meet the eligibility requirements of this ccTLD. Youfurther agree to be bound by any registry rules, policies, and agreements for this ccTLD. Theregistration guidelines for this ccTLD are available here and the rules are available here, andare incorporated herein.

http://www.twnic.net.tw/file/ip0320.htm


http://www.twnic.net.tw/english/dn/dn_02.htm






http://www.twnic.net.tw/english/dn/dn_04a.htm


http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/

http://www.nominet.org.uk/registrants/aboutdomainnames/rules/







http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/




If you are registering a Second Level Domain under this ccTLD, you further agree to bebound by the Second Level Domain's rules, policies, and agreements, which are incorporatedand made a part of this Agreement herein.

You understand and agree that when you register one of these domain names, that theminimum term is two (2) years.

55. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference onlyand shall not be utilized in any way to construe or interpret the agreement of the parties asotherwise set forth herein. Each covenant and agreement in this Agreement shall beconstrued for all purposes to be a separate and independent covenant or agreement. If acourt of competent jurisdiction holds any provision (or portion of a provision) of thisAgreement 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.

56. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them inthe Universal Terms of Service Agreement. In the event there is a conflict between theprovisions of this Agreement and the provisions of the Universal Terms of ServiceAgreement, the provisions of this Agreement shall control.

Revised: 9/2/2011Copyright © 2000-2011 GoDaddy.com, Inc. All Rights Reserved.


GO DADDY WEB HOSTING AND VIRTUAL DEDICATED HOSTING SERVICE AGREEMENT Last Revised: August 31, 2011



1. OVERVIEW

This Web Hosting and Virtual Dedicated Hosting Service Agreement (this “Agreement”) is

entered into by and between GoDaddy.com, Inc., a/an Arizona corporation (“Go Daddy”) andyou, and is made effective as of the date of electronic acceptance. This Agreement sets forth



the terms and conditions of your use of Go Daddy’s Web Hosting and Virtual DedicatedHosting services (the “Web Hosting Services”, the “Virtual Dedicated Hosting Services”, or the “Services”, as applicable).

Your electronic acceptance of this Agreement signifies that you have read, understand,acknowledge and agree to be bound by this Agreement, along with Go Daddy’s Universal Terms of Service Agreement, which is incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Go Daddy. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in thisAgreement shall be deemed to confer any third-party rights or benefits.

Go Daddy, in its sole and absolute discretion, may change or modify this Agreement, and anypolicies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Go Daddy website (this“Site”). You acknowledge and agree that (i) Go Daddy may notify you of such changes or

modifications by posting them to this Site and (ii) your use of this Site or the Services found atthis Site after such changes or modifications have been made (as indicated by the “LastRevised” date at the top of this page) shall constitute your acceptance of this Agreement aslast revised. If you do not agree to be bound by this Agreement as last revised, do not use(or continue to use) this Site or the Services found at this Site. In addition, Go Daddy mayoccasionally notify you of changes or modifications to this Agreement by email. It is thereforevery important that you keep your account (“Account”) information, including your emailaddress, current. Go Daddy assumes no liability or responsibility for your failure to receivean email notification if such failure results from an inaccurate or out-of-date email address.

In the event you are using ad-supported hosting, you further acknowledge and agree that asadequate consideration for Go Daddy providing you with the Services at no cost to you, GoDaddy shall have the right to place certain advertisements on your website. Theadvertisements shall be based upon the content of your website and may include, but are notlimited to, advertisements of your competitors. If you do not desire such advertisements to beplaced on your website, then you may purchase the Services at Go Daddy’s then currentrates.

2. DESCRIPTION OF SERVICES

Go Daddy currently provides the Services to its customers for a monthly fee. Go Daddy willhost your website on Go Daddy’s servers, provided, however, you abide by the terms andconditions set forth herein and in each of Go Daddy’s policies and procedures here.

License of Your Website Content

Go Daddy grants to you, and you accept from Go Daddy, a non-exclusive, worldwide androyalty free license to copy, display, use and transmit on and via the Internet your websitecontent in connection with Go Daddy’s performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, Go Daddy shall attempt to provide theServices for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

i. equipment malfunctions;




http://www.godaddy.com/gdshop/agreements.asp?prog_id=GoDaddy&isc=







ii. periodic maintenance procedures or repairs that Go Daddy may undertake fromtime to time; or

iii. causes beyond the control of Go Daddy or that are not reasonably foreseeableby Go Daddy, including, without limitation, interruption or failure of telecommunicationor digital transmission links, hostile network attacks network congestion or other

failures.

You agree Go Daddy has no control of availability of the Services on a continuous or uninterrupted basis.

You further agree that as a normal course of its business, it may be necessary for Go Daddyto migrate its servers. As a result, even though you may have a dedicated IP, you may beassigned a different IP number. Go Daddy does not warrant that you will be able toconsistently maintain your given IP numbers.

Service Uptime Guarantee

Go Daddy offers a service uptime guarantee for the Services of 99.9% (“Service Uptime”) of available time. If Go Daddy fails to maintain this level of service availability, you may contactGo Daddy and request a credit of 5% of your monthly hosting fee from Go Daddy for thatmonth. The credit may be used only for the purchase of further products and services fromGo Daddy, and is exclusive of any applicable taxes. The credit does not apply to serviceinterruptions caused by:

i. periodic scheduled maintenance or repairs Go Daddy may undertake from timeto time;

ii. errors caused by you from custom scripting or coding;

iii. outages that do not affect the appearance of the website but merely affect

access to the website such as FTP and email;

iv. causes beyond the control of Go Daddy or that are not reasonably foreseeableby Go Daddy; and

v. outages related to the reliability of certain programming environments.

Total Service Uptime shall be solely determined by Go Daddy and shall be calculated on amonthly basis.

FTP Backup

Go Daddy may offer additional features and add on services, such as a FTP Backup option.

You acknowledge and agree that purchasing such additional features and add on servicesmay require additional down time to install and maintain. You further acknowledge and agreethat in utilizing the FTP Backup option, you shall be subject to a maximum disk usage andbandwidth usage as identified by Go Daddy. Subject to the terms and conditions of thisAgreement, Go Daddy shall use commercially reasonable efforts to provide FTP Backupservices on a twenty-four (24) hours per day, seven (7) days per week basis throughout theterm of this Agreement. You acknowledge and agree that from time-to-time the FTP Backupservices may be inaccessible or inoperable for any reason, including, without limitation:



iii. causes beyond the control of Go Daddy or that are not reasonably foreseeable



by Go Daddy, including, without limitation, interruption or failure of telecommunicationor digital transmission links, hostile network attacks, network congestion or other failures.

Website Content

You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within,displayed, linked or transmitted to, from or through your website, including, without limitation,trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips,email or other messages, meta tags, domain names, software and text. Your website contentshall also include any registered domain names provided by you or registered on behalf of you in connection with the Services. Notwithstanding anything in this Agreement to thecontrary, in the event you are using ad-supported hosting, in no event shall your websiteconsist of the following: search results, registration, “thank you”, error, email or chat pages,pages comprised primarily of other advertising or pages containing any of the following typesof content:

i. pornographic, obscene or excessively profane content;

ii. content intended to advocate or advance computer hacking or cracking;

iii. gambling;

iv. illegal activity;

v. drug paraphernalia; or

vi. hate, violence or racial or ethnic intolerance.

SSL Certificates

Except as may be limited by specific products or services, any SSL certificate you purchasefrom Go Daddy or its affiliates to use in conjunction with the Services provided by Go Daddy,is intended for its specific use as described in the Subscriber Agreement and will not beexported from the server to be used with any other web hosting service. If you are using anSSL certificate on a website hosted by Go Daddy, Go Daddy will generate and securely storea corresponding private key.

For security reasons, at no time will Go Daddy release your private key, even if you request.If you wish to export your SSL certificate for use on a non- Go Daddy server, you will need tomake a request to Go Daddy no earlier than thirty (30) days after your initial SSL subscriptionbegan. After your account with Go Daddy has been cancelled, you will have thirty (30) daysto follow the Starfield Secure Certificate Registration Process and request a re-key of the

SSL certificate, or your SSL certificate will become invalid.

Information Shared with Partners

As a condition of purchasing and using the Services, you acknowledge and agree Go Daddymay provide your personal information to their partners, as required to provide the plans for which you are purchasing.

3. YOUR OBLIGATIONS

You acknowledge and agree Go Daddy shall have the right to seek justification in connectionwith your use of the Services, specifically your purchase of IP addresses, and you shall be

obligated to provide any and all information reasonably sought by Go Daddy pursuant to such justification. You acknowledge and agree you are required to begin using at least ninety



percent (90%) of your purchased IP addresses within thirty (30) days of assignment of suchIP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses, you acknowledge and agree Go Daddy shall have the right to reclaimany unused IP addresses after the expiration of such thirty (30) day period. In connection withsuch purchase, you acknowledge and agree that your name and justification may bedisclosed to certain registries, including, but not limited to, the American Registry of InternetNumbers, in accordance with policies promulgated by any and all such registries and suchinformation may be displayed publicly on the Whois database.

Upon the expiration of your initial hosting service term, your hosting services shallautomatically renew for the same period of time and your payment method shall be chargedfor the renewal term on the renewal date. You acknowledge and agree that in the event youdo not desire to automatically renew your hosting services for the same period of time, it isyour responsibility and obligation to access your Account Manager and manually turn off thedefault renewal and your failure to access your Account Manager and manually select torenew on a month-to-month basis shall be deemed acceptance of the renewal term.

You represent and warrant to Go Daddy that:

i. Your Content does not and shall not contain any content, materials, data, work,trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;

ii. infringe or misappropriate any proprietary, intellectual property, contract or tortright of any person; and

iii. that you own your website content and all proprietary or intellectual propertyrights therein, or have express written authorization from the owner to copy, use anddisplay the content on and within your website.

You also warrant that the website being hosted by Go Daddy will not be used in connectionwith any illegal activity. If you are hosting your website on Go Daddy’s servers, you areresponsible for ensuring there is no excessive overloading on Go Daddy’s DNS or servers. Inthe event you exceed your allotted bandwidth, compute cycles or disk space and therebyoverload Go Daddy’s DNS or servers, you shall be assessed any and all fees, costs andpenalties associated with such overloading. You may not use Go Daddy’s servers and your website as a source, intermediary, reply to address, or destination address for mail bombs,Internet packet flooding, packet corruption, denial of service, or other abusive activities.Server hacking or other perpetration of security breaches is prohibited and Go Daddyreserves the right to remove sites containing information about hacking or links to suchinformation. Use of your website as an anonymous gateway is prohibited. Go Daddy prohibitsthe use of software or scripts run on its servers that cause the server to load beyond a

reasonable level, as determined by Go Daddy. You agree Go Daddy reserves the right toremove your website temporarily or permanently from its servers if Go Daddy is the recipientof activities that threaten the stability of its network. Further, if you are using ad-supportedhosting, you acknowledge and agree Go Daddy has the right to terminate your Services in itssole discretion and for any reason, including, but not limited to, your failure or unwillingnessto comply with the terms and limitations of this Agreement, specifically, the content andmaterial restrictions set forth in this Agreement. You agree not to engage in unacceptable useof the Services, which includes, without limitation, use of the Services to:

i. disseminate or transmit unsolicited messages, chain letters, unsolicitedcommercial email, or unreasonably large volumes of email on a daily basis, provided,Go Daddy, in its sole discretion, may permit you, if you have a legitimate purpose and

after request, to send more email than Go Daddy’s standard SMTP relay limit;ii. disseminate or transmit any material that, to a reasonable person may be








abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar,threatening or malicious;

iii. disseminate or transmit files, graphics, software or other material, data or workthat actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;

iv. create a false identity or to otherwise attempt to mislead any person as to theidentity, source or origin of any communication;

v. export, re-export or permit downloading of any message or content in violationof any export or import law, regulation or restriction of the United States and itsagencies or authorities, or without all required approvals, licenses and/or exemptions;

vi. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization;

vii. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;

viii. engage in any other activity deemed by Go Daddy to be in conflict with the spiritor intent of this Agreement or any Go Daddy policy; or

ix. use your server as an “open relay” or similar purposes.

Go Daddy prohibits the running of a public recursive DNS service on any Go Daddy server.All recursive DNS servers must be secured to allow only internal network access or a limitedset of IP addresses. Go Daddy actively scans for the presence of public DNS services andreserves the right to remove any servers from the network that violate this restriction.

Storage and Security

At all times, you shall bear full risk of loss and damage to your website and all of your websitecontent. You are entirely responsible for maintaining the confidentiality of your password andaccount information. You agree you are solely responsible for all acts, omissions and useunder and charges incurred with your account or password or in connection with the Site or any of your website content displayed, linked, transmitted through or stored on the Server.You shall be solely responsible for undertaking measures to:

i. prevent any loss or damage to your website content;

ii. maintain independent archival and backup copies of your website content;

iii. ensure the security, confidentiality and integrity of all your website contenttransmitted through or stored on Go Daddy servers; and

iv. ensure the confidentiality of your password.

Go Daddy’s shared hosting servers are not an archive and Go Daddy shall have no liability toyou or any other person for loss, damage or destruction of any of your content. The Servicesare not intended to provide a PCI (Payment Card Industry) compliant environment andtherefore should not be considered as one. Go Daddy shall have no liability to you or anyother person for your use of the Services in violation of these terms. You shall at all times usethe Services as a conventional and/or traditional website. You shall not use the Service inany way, in Go Daddy’s sole discretion, that shall impair the functioning or operation of GoDaddy’s services or equipment. Specifically by way of example and not as a limitation, youshall not use the Services as: (i) a repository or instrument for placing or storing archivedfiles; and/or (ii) placing or storing material that can be downloaded through other websites.You acknowledge and agree that Go Daddy has the right to carry out a forensic examination

in the event of a compromise to your server or account.



If you purchase MS SQL or Managed Backups, you hereby authorize Go Daddy to log intoyour server for purposes of installing and configuring the software.

In the event you terminate, moving your website off of the Go Daddy shared hosting servers

is your responsibility. Go Daddy will not transfer or FTP your website to another provider. Inthe event your use of the Services is terminated, Go Daddy will not transfer or manage your Services or your website content.

Storage and Plan Limits

All web hosting plans, including plans that offer unlimited disk space, are subject to a limit of no more than 500,000 inodes per account (for Linux® hosting accounts) or 500,000 files andfolders per account (for Windows® hosting accounts). Any account that exceeds this limit willbe issued a network violation warning and subject to suspension if no action is taken by thecustomer to reduce the number of inodes or files and folders (as the case may be).

All web hosting plans, including plans that offer unlimited databases, are subject to limits of (i)no more than 1,000 tables per database and (ii) no more than one gigabyte (“GB”) of storageper database. Any database that exceeds these limits will be issued a network violationwarning and subject to suspension if no action is taken by the customer to reduce the number of tables or gigabytes (as the case may be).

4. ASSISTED SERVICE PLAN

In the event you elect to purchase Go Daddy’s Assisted Service Plan (the “AS Plan”), thefollowing terms and conditions shall apply.

Subject to the terms and conditions of this Agreement and each of Go Daddy’s policies and

procedures, Go Daddy shall use commercially reasonable efforts to attempt to provide the ASPlan on a twenty-four (24) hours per day, seven (7) days per week basis for the duration of the AS Plan purchased. You acknowledge and agree that from time-to-time the AS Plan maybe inaccessible or inoperable for any reason, including, without limitation: (i) equipmentmalfunctions; (ii) periodic maintenance procedures or repairs that Go Daddy may undertakefrom time to time; or (iii) causes beyond the reasonable control of Go Daddy or that arereasonably unforeseeable by Go Daddy, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestionor other failures.

You acknowledge and agree Go Daddy has no control over the availability of the AS Plan ona continuous or uninterrupted basis.

Go Daddy’s Rights

Go Daddy explicitly reserves the right and sole discretion to:

i. modify its pricing, if desired by Go Daddy;

ii. establish limits and guidelines concerning the use of the AS Plan;

iii. terminate your use of the AS Plan for use of the AS Plan to unnecessarily or illegally harass Go Daddy or third parties, non-payment of fees for the AS Plan,activities designed to defame, embarrass, harm, abuse, threaten, slander or harassthird parties, activities prohibited by the laws of the United States and/or foreign

territories in which you conduct business, activities designed to encourage unlawfulbehavior by others, such as hate crimes, terrorism and child pornography, activities that



are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically,or otherwise objectionable in the sole opinion of Go Daddy, activities designed toimpersonate the identity of a third party, activities designed to harm minors in any way,and other activities whether lawful or unlawful that Go Daddy determines, in its solediscretion, to be harmful to its other customers, operations, or reputation;

iv. terminate your use of the AS Plan if your use of the AS Plan results in, or is thesubject of, legal action or threatened or proposed legal action, against Go Daddy or anyof its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit;and

v. terminate your use of the AS Plan at any time and for any reason if deemedreasonably necessary by Go Daddy.

Go Daddy has no obligation to monitor your use of the AS Plan, but reserves the right in itssole discretion to do so.

Supported Applications

As part of the AS Plan, you may ask Go Daddy to install a limited number of applications(“Supported Applications”) on your server. A full list of Supported Applications is availablefrom our support team upon request.

If you request the installation of a Supported Application, Go Daddy shall, at no additionalcost, install and configure the Supported Application on Go Daddy’s server, provided that theserver has available resources (e.g., storage, RAM, processing power) to support thatparticular application. Go Daddy will then provide the primary (administrator) username andpassword to you, at which point you will take over the managed and additional configurationof that particular application. Go Daddy will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of theSupported Application should it stop working. Go Daddy shall limit technical support of aninoperable Supported Application to restoring said Supported Application to its original state(fresh installation, with no data or customization).

Availability of AS Plan; Web Hosting Services and Virtual Dedicated Hosting Services

Please note that the AS Plan is only available for Virtual Dedicated Hosting Services.

5. EXPERT HANDS SERVICES

If Go Daddy determines that requested assistance falls outside the scope of the AS Plan, Go

Daddy shall charge you for its custom support services (the “Expert Hands Services”) on athirty (30) minute incremental basis. Furthermore, if Go Daddy determines that the ExpertHands Services apply, Go Daddy reserves the right to charge any or all of the fees for suchExpert Hands Services prior to the commencement of any work being performed.

6. THIRD-PARTY SOFTWARE

Additionally, in the event you elect to install or seek assistance from Go Daddy in connectionwith the installation of any third-party software, the following terms shall apply. You representand warrant you have the right to use and install the third-party software, and have paid theapplicable licensing fees for the third party software, and the third-party software does notand shall not infringe on the intellectual property rights of any other person or entity. You

agree to defend, indemnify and hold harmless Go Daddy and its employees, officers anddirectors for, from and against any and all claims brought against Go Daddy and its



employees, officers and directors by a third-party alleging the software infringes: (i) the third-party’s rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right.You agree that in such an event you shall pay all resulting costs, damages, expenses andreasonable attorneys’ fees that a court awards and settlements incurred by Go Daddy inconnection with any such claims.



The titles and headings of this Agreement are for convenience and ease of reference onlyand shall not be utilized in any way to construe or interpret the agreement of the parties asotherwise set forth herein. Each covenant and agreement in this Agreement shall beconstrued for all purposes to be a separate and independent covenant or agreement. If acourt 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 tobe valid and enforceable to the fullest extent permitted by law.


Capitalized terms used but not defined herein shall have the meanings ascribed to them inthe Universal Terms of Service Agreement. In the event there is a conflict between theprovisions of this Agreement and the provisions of the Universal Terms of ServiceAgreement, the provisions of this Agreement shall control.



GO DADDY WEB HOSTING AND VIRTUAL DEDICATED HOSTING SERVICE

AGREEMENT Last Revised: August 31, 2011



1. OVERVIEW

This Web Hosting and Virtual Dedicated Hosting Service Agreement (this “Agreement”) is



entered into by and between GoDaddy.com, Inc., a/an Arizona corporation (“Go Daddy”) andyou, and is made effective as of the date of electronic acceptance. This Agreement sets forththe terms and conditions of your use of Go Daddy’s Web Hosting and Virtual DedicatedHosting services (the “Web Hosting Services”, the “Virtual Dedicated Hosting Services”, or the “Services”, as applicable).

Your electronic acceptance of this Agreement signifies that you have read, understand,acknowledge and agree to be bound by this Agreement, along with Go Daddy’s Universal Terms of Service Agreement, which is incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Go Daddy. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in thisAgreement shall be deemed to confer any third-party rights or benefits.

Go Daddy, in its sole and absolute discretion, may change or modify this Agreement, and anypolicies or agreements which are incorporated herein, at any time, and such changes or

modifications shall be effective immediately upon posting to the Go Daddy website (this“Site”). You acknowledge and agree that (i) Go Daddy may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found atthis Site after such changes or modifications have been made (as indicated by the “LastRevised” date at the top of this page) shall constitute your acceptance of this Agreement aslast revised. If you do not agree to be bound by this Agreement as last revised, do not use(or continue to use) this Site or the Services found at this Site. In addition, Go Daddy mayoccasionally notify you of changes or modifications to this Agreement by email. It is thereforevery important that you keep your account (“Account”) information, including your emailaddress, current. Go Daddy assumes no liability or responsibility for your failure to receivean email notification if such failure results from an inaccurate or out-of-date email address.

In the event you are using ad-supported hosting, you further acknowledge and agree that asadequate consideration for Go Daddy providing you with the Services at no cost to you, GoDaddy shall have the right to place certain advertisements on your website. Theadvertisements shall be based upon the content of your website and may include, but are notlimited to, advertisements of your competitors. If you do not desire such advertisements to beplaced on your website, then you may purchase the Services at Go Daddy’s then currentrates.

2. DESCRIPTION OF SERVICES

Go Daddy currently provides the Services to its customers for a monthly fee. Go Daddy willhost your website on Go Daddy’s servers, provided, however, you abide by the terms andconditions set forth herein and in each of Go Daddy’s policies and procedures here.

License of Your Website Content

Go Daddy grants to you, and you accept from Go Daddy, a non-exclusive, worldwide androyalty free license to copy, display, use and transmit on and via the Internet your websitecontent in connection with Go Daddy’s performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, Go Daddy shall attempt to provide theServices for twenty-four (24) hours per day, seven (7) days per week throughout the term of

this Agreement. You agree that from time to time the Services may be inaccessible or











inoperable for any reason, including, without limitation:


ii. periodic maintenance procedures or repairs that Go Daddy may undertake from

time to time; or

iii. causes beyond the control of Go Daddy or that are not reasonably foreseeableby Go Daddy, including, without limitation, interruption or failure of telecommunicationor digital transmission links, hostile network attacks network congestion or other failures.

You agree Go Daddy has no control of availability of the Services on a continuous or uninterrupted basis.

You further agree that as a normal course of its business, it may be necessary for Go Daddyto migrate its servers. As a result, even though you may have a dedicated IP, you may beassigned a different IP number. Go Daddy does not warrant that you will be able toconsistently maintain your given IP numbers.

Service Uptime Guarantee

Go Daddy offers a service uptime guarantee for the Services of 99.9% (“Service Uptime”) of available time. If Go Daddy fails to maintain this level of service availability, you may contactGo Daddy and request a credit of 5% of your monthly hosting fee from Go Daddy for thatmonth. The credit may be used only for the purchase of further products and services fromGo Daddy, and is exclusive of any applicable taxes. The credit does not apply to serviceinterruptions caused by:

i. periodic scheduled maintenance or repairs Go Daddy may undertake from timeto time;

ii. errors caused by you from custom scripting or coding;

iii. outages that do not affect the appearance of the website but merely affectaccess to the website such as FTP and email;

iv. causes beyond the control of Go Daddy or that are not reasonably foreseeableby Go Daddy; and

v. outages related to the reliability of certain programming environments.

Total Service Uptime shall be solely determined by Go Daddy and shall be calculated on amonthly basis.

FTP Backup

Go Daddy may offer additional features and add on services, such as a FTP Backup option.You acknowledge and agree that purchasing such additional features and add on servicesmay require additional down time to install and maintain. You further acknowledge and agreethat in utilizing the FTP Backup option, you shall be subject to a maximum disk usage andbandwidth usage as identified by Go Daddy. Subject to the terms and conditions of thisAgreement, Go Daddy shall use commercially reasonable efforts to provide FTP Backupservices on a twenty-four (24) hours per day, seven (7) days per week basis throughout theterm of this Agreement. You acknowledge and agree that from time-to-time the FTP Backupservices may be inaccessible or inoperable for any reason, including, without limitation:





iii. causes beyond the control of Go Daddy or that are not reasonably foreseeableby Go Daddy, including, without limitation, interruption or failure of telecommunicationor digital transmission links, hostile network attacks, network congestion or other

failures.

Website Content

You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within,displayed, linked or transmitted to, from or through your website, including, without limitation,trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips,email or other messages, meta tags, domain names, software and text. Your website contentshall also include any registered domain names provided by you or registered on behalf of you in connection with the Services. Notwithstanding anything in this Agreement to thecontrary, in the event you are using ad-supported hosting, in no event shall your website

consist of the following: search results, registration, “thank you”, error, email or chat pages,pages comprised primarily of other advertising or pages containing any of the following typesof content:

i. pornographic, obscene or excessively profane content;

ii. content intended to advocate or advance computer hacking or cracking;

iii. gambling;

iv. illegal activity;

v. drug paraphernalia; or

vi. hate, violence or racial or ethnic intolerance.

SSL Certificates

Except as may be limited by specific products or services, any SSL certificate you purchasefrom Go Daddy or its affiliates to use in conjunction with the Services provided by Go Daddy,is intended for its specific use as described in the Subscriber Agreement and will not beexported from the server to be used with any other web hosting service. If you are using anSSL certificate on a website hosted by Go Daddy, Go Daddy will generate and securely storea corresponding private key.

For security reasons, at no time will Go Daddy release your private key, even if you request.If you wish to export your SSL certificate for use on a non- Go Daddy server, you will need to

make a request to Go Daddy no earlier than thirty (30) days after your initial SSL subscriptionbegan. After your account with Go Daddy has been cancelled, you will have thirty (30) daysto follow the Starfield Secure Certificate Registration Process and request a re-key of theSSL certificate, or your SSL certificate will become invalid.

Information Shared with Partners

As a condition of purchasing and using the Services, you acknowledge and agree Go Daddymay provide your personal information to their partners, as required to provide the plans for which you are purchasing.

3. YOUR OBLIGATIONS

You acknowledge and agree Go Daddy shall have the right to seek justification in connection



with your use of the Services, specifically your purchase of IP addresses, and you shall beobligated to provide any and all information reasonably sought by Go Daddy pursuant to such justification. You acknowledge and agree you are required to begin using at least ninetypercent (90%) of your purchased IP addresses within thirty (30) days of assignment of suchIP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses, you acknowledge and agree Go Daddy shall have the right to reclaimany unused IP addresses after the expiration of such thirty (30) day period. In connection withsuch purchase, you acknowledge and agree that your name and justification may bedisclosed to certain registries, including, but not limited to, the American Registry of InternetNumbers, in accordance with policies promulgated by any and all such registries and suchinformation may be displayed publicly on the Whois database.

Upon the expiration of your initial hosting service term, your hosting services shallautomatically renew for the same period of time and your payment method shall be chargedfor the renewal term on the renewal date. You acknowledge and agree that in the event youdo not desire to automatically renew your hosting services for the same period of time, it isyour responsibility and obligation to access your Account Manager and manually turn off the

default renewal and your failure to access your Account Manager and manually select torenew on a month-to-month basis shall be deemed acceptance of the renewal term.

You represent and warrant to Go Daddy that:

i. Your Content does not and shall not contain any content, materials, data, work,trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;

ii. infringe or misappropriate any proprietary, intellectual property, contract or tortright of any person; and

iii. that you own your website content and all proprietary or intellectual property

rights therein, or have express written authorization from the owner to copy, use anddisplay the content on and within your website.

You also warrant that the website being hosted by Go Daddy will not be used in connectionwith any illegal activity. If you are hosting your website on Go Daddy’s servers, you areresponsible for ensuring there is no excessive overloading on Go Daddy’s DNS or servers. Inthe event you exceed your allotted bandwidth, compute cycles or disk space and therebyoverload Go Daddy’s DNS or servers, you shall be assessed any and all fees, costs andpenalties associated with such overloading. You may not use Go Daddy’s servers and your website as a source, intermediary, reply to address, or destination address for mail bombs,Internet packet flooding, packet corruption, denial of service, or other abusive activities.Server hacking or other perpetration of security breaches is prohibited and Go Daddy

reserves the right to remove sites containing information about hacking or links to suchinformation. Use of your website as an anonymous gateway is prohibited. Go Daddy prohibitsthe use of software or scripts run on its servers that cause the server to load beyond areasonable level, as determined by Go Daddy. You agree Go Daddy reserves the right toremove your website temporarily or permanently from its servers if Go Daddy is the recipientof activities that threaten the stability of its network. Further, if you are using ad-supportedhosting, you acknowledge and agree Go Daddy has the right to terminate your Services in itssole discretion and for any reason, including, but not limited to, your failure or unwillingnessto comply with the terms and limitations of this Agreement, specifically, the content andmaterial restrictions set forth in this Agreement. You agree not to engage in unacceptable useof the Services, which includes, without limitation, use of the Services to:

i. disseminate or transmit unsolicited messages, chain letters, unsolicitedcommercial email, or unreasonably large volumes of email on a daily basis, provided,








Go Daddy, in its sole discretion, may permit you, if you have a legitimate purpose andafter request, to send more email than Go Daddy’s standard SMTP relay limit;

ii. disseminate or transmit any material that, to a reasonable person may beabusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar,threatening or malicious;

iii. disseminate or transmit files, graphics, software or other material, data or workthat actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;

iv. create a false identity or to otherwise attempt to mislead any person as to theidentity, source or origin of any communication;

v. export, re-export or permit downloading of any message or content in violationof any export or import law, regulation or restriction of the United States and itsagencies or authorities, or without all required approvals, licenses and/or exemptions;

vi. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization;

vii. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;

viii. engage in any other activity deemed by Go Daddy to be in conflict with the spiritor intent of this Agreement or any Go Daddy policy; or

ix. use your server as an “open relay” or similar purposes.

Go Daddy prohibits the running of a public recursive DNS service on any Go Daddy server.All recursive DNS servers must be secured to allow only internal network access or a limitedset of IP addresses. Go Daddy actively scans for the presence of public DNS services andreserves the right to remove any servers from the network that violate this restriction.

Storage and Security

At all times, you shall bear full risk of loss and damage to your website and all of your websitecontent. You are entirely responsible for maintaining the confidentiality of your password andaccount information. You agree you are solely responsible for all acts, omissions and useunder and charges incurred with your account or password or in connection with the Site or any of your website content displayed, linked, transmitted through or stored on the Server.You shall be solely responsible for undertaking measures to:

i. prevent any loss or damage to your website content;

ii. maintain independent archival and backup copies of your website content;

iii. ensure the security, confidentiality and integrity of all your website contenttransmitted through or stored on Go Daddy servers; and

iv. ensure the confidentiality of your password.

Go Daddy’s shared hosting servers are not an archive and Go Daddy shall have no liability toyou or any other person for loss, damage or destruction of any of your content. The Servicesare not intended to provide a PCI (Payment Card Industry) compliant environment andtherefore should not be considered as one. Go Daddy shall have no liability to you or anyother person for your use of the Services in violation of these terms. You shall at all times usethe Services as a conventional and/or traditional website. You shall not use the Service inany way, in Go Daddy’s sole discretion, that shall impair the functioning or operation of Go

Daddy’s services or equipment. Specifically by way of example and not as a limitation, youshall not use the Services as: (i) a repository or instrument for placing or storing archived



files; and/or (ii) placing or storing material that can be downloaded through other websites.You acknowledge and agree that Go Daddy has the right to carry out a forensic examinationin the event of a compromise to your server or account.


In the event you terminate, moving your website off of the Go Daddy shared hosting serversis your responsibility. Go Daddy will not transfer or FTP your website to another provider. Inthe event your use of the Services is terminated, Go Daddy will not transfer or manage your Services or your website content.

Storage and Plan Limits

All web hosting plans, including plans that offer unlimited disk space, are subject to a limit of no more than 500,000 inodes per account (for Linux® hosting accounts) or 500,000 files and

folders per account (for Windows® hosting accounts). Any account that exceeds this limit willbe issued a network violation warning and subject to suspension if no action is taken by thecustomer to reduce the number of inodes or files and folders (as the case may be).

All web hosting plans, including plans that offer unlimited databases, are subject to limits of (i)no more than 1,000 tables per database and (ii) no more than one gigabyte (“GB”) of storageper database. Any database that exceeds these limits will be issued a network violationwarning and subject to suspension if no action is taken by the customer to reduce the number of tables or gigabytes (as the case may be).

4. ASSISTED SERVICE PLAN

In the event you elect to purchase Go Daddy’s Assisted Service Plan (the “AS Plan”), thefollowing terms and conditions shall apply.

Subject to the terms and conditions of this Agreement and each of Go Daddy’s policies andprocedures, Go Daddy shall use commercially reasonable efforts to attempt to provide the ASPlan on a twenty-four (24) hours per day, seven (7) days per week basis for the duration of the AS Plan purchased. You acknowledge and agree that from time-to-time the AS Plan maybe inaccessible or inoperable for any reason, including, without limitation: (i) equipmentmalfunctions; (ii) periodic maintenance procedures or repairs that Go Daddy may undertakefrom time to time; or (iii) causes beyond the reasonable control of Go Daddy or that arereasonably unforeseeable by Go Daddy, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion

or other failures.

You acknowledge and agree Go Daddy has no control over the availability of the AS Plan ona continuous or uninterrupted basis.

Go Daddy’s Rights

Go Daddy explicitly reserves the right and sole discretion to:

i. modify its pricing, if desired by Go Daddy;

ii. establish limits and guidelines concerning the use of the AS Plan;

iii. terminate your use of the AS Plan for use of the AS Plan to unnecessarily or illegally harass Go Daddy or third parties, non-payment of fees for the AS Plan,



activities designed to defame, embarrass, harm, abuse, threaten, slander or harassthird parties, activities prohibited by the laws of the United States and/or foreignterritories in which you conduct business, activities designed to encourage unlawfulbehavior by others, such as hate crimes, terrorism and child pornography, activities thatare tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically,

or otherwise objectionable in the sole opinion of Go Daddy, activities designed toimpersonate the identity of a third party, activities designed to harm minors in any way,and other activities whether lawful or unlawful that Go Daddy determines, in its solediscretion, to be harmful to its other customers, operations, or reputation;

iv. terminate your use of the AS Plan if your use of the AS Plan results in, or is thesubject of, legal action or threatened or proposed legal action, against Go Daddy or anyof its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit;and

v. terminate your use of the AS Plan at any time and for any reason if deemedreasonably necessary by Go Daddy.

Go Daddy has no obligation to monitor your use of the AS Plan, but reserves the right in itssole discretion to do so.

Supported Applications

As part of the AS Plan, you may ask Go Daddy to install a limited number of applications(“Supported Applications”) on your server. A full list of Supported Applications is availablefrom our support team upon request.

If you request the installation of a Supported Application, Go Daddy shall, at no additionalcost, install and configure the Supported Application on Go Daddy’s server, provided that theserver has available resources (e.g., storage, RAM, processing power) to support thatparticular application. Go Daddy will then provide the primary (administrator) username andpassword to you, at which point you will take over the managed and additional configurationof that particular application. Go Daddy will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of theSupported Application should it stop working. Go Daddy shall limit technical support of aninoperable Supported Application to restoring said Supported Application to its original state(fresh installation, with no data or customization).

Availability of AS Plan; Web Hosting Services and Virtual Dedicated Hosting Services

Please note that the AS Plan is only available for Virtual Dedicated Hosting Services.

5. EXPERT HANDS SERVICES

If Go Daddy determines that requested assistance falls outside the scope of the AS Plan, GoDaddy shall charge you for its custom support services (the “Expert Hands Services”) on athirty (30) minute incremental basis. Furthermore, if Go Daddy determines that the ExpertHands Services apply, Go Daddy reserves the right to charge any or all of the fees for suchExpert Hands Services prior to the commencement of any work being performed.

6. THIRD-PARTY SOFTWARE

Additionally, in the event you elect to install or seek assistance from Go Daddy in connection

with the installation of any third-party software, the following terms shall apply. You representand warrant you have the right to use and install the third-party software, and have paid the



applicable licensing fees for the third party software, and the third-party software does notand shall not infringe on the intellectual property rights of any other person or entity. Youagree to defend, indemnify and hold harmless Go Daddy and its employees, officers anddirectors for, from and against any and all claims brought against Go Daddy and itsemployees, officers and directors by a third-party alleging the software infringes: (i) the third-party’s rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right.You agree that in such an event you shall pay all resulting costs, damages, expenses andreasonable attorneys’ fees that a court awards and settlements incurred by Go Daddy inconnection with any such claims.



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 asotherwise set forth herein. Each covenant and agreement in this Agreement shall beconstrued for all purposes to be a separate and independent covenant or agreement. If acourt of competent jurisdiction holds any provision (or portion of a provision) of thisAgreement 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 tobe valid and enforceable to the fullest extent permitted by law.


Capitalized terms used but not defined herein shall have the meanings ascribed to them inthe Universal Terms of Service Agreement. In the event there is a conflict between the

provisions of this Agreement and the provisions of the Universal Terms of ServiceAgreement, the provisions of this Agreement shall control.


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