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

1. OVERVIEW

The Universal Terms of Service Agreement (the “Agreement”) sets forth the general terms and conditions of your use of the Site and the Services. This Auctions Membership Agreement (this “Service Agreement”) governs your use of GoDaddy’s Auction services (“GoDaddy Auctions” or the “Services”). Capitalized terms used, but not defined, in this Service Agreement are defined in the Agreement.

2. DESCRIPTION OF SERVICES

The Services are provided as a way to buy currently registered domain names only, and not the purchase or sale of associated website content. GoDaddy Auctions offers multiple listing types for buying domain names, including: Value Priced Auctions, Expired Auctions, Expired Closeout Domains, Offer/Counteroffer, Offer/Counteroffer with Buy Now, and from time-to-time temporary event Auctions.

3. ACCOUNT TERMINATION; LIMITATIONS

Transaction Assurance. By using GoDaddy's “Transaction Assurance” process, you authorize GoDaddy to perform tasks on your behalf in order to complete the transaction. You acknowledge and agree that GoDaddy is not a bank, and the “Transaction Assurance” is not a banking service. You further acknowledge and agree that GoDaddy is not acting as a trustee, fiduciary, or escrow agent with respect to your funds.

GoDaddy is not responsible and disclaims all liability in the event that the domain name transaction fails to complete. Buyer acknowledges and agrees that Buyer does not obtain any rights in the registration of a domain name until completion of the transaction.

You acknowledge and agree that we may, in our sole discretion, extend the length of the auction if bids are submitted in the final moments of the auction, to allow potential buyers the opportunity to bid prior to the end of the auction.

Should you choose payment by paper check, you acknowledge and agree that a Twenty-Five Dollar ($25 USD) check processing fee will be assessed to you each time a U.S. based check is printed.

Gift cards may not be used to purchase auction memberships or auction items.

Prior Screening. We reserve the right to screen domain names prior to listing and we may exclude, in our sole discretion, any domain name for any reason, including, but not limited to: a) violation of this Agreement or the Universal Terms of Service; or b) infringement, or potential infringement, of a third party intellectual property right.

4. YOUR BUYER OBLIGATIONS

You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by GoDaddy throughout the process. You agree GoDaddy will not be responsible for any false or misleading information you provide, whether intentionally or unintentionally.

You agree to notify GoDaddy within five (5) business days when any of the information you provided as part of the buying process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide GoDaddy with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by GoDaddy to determine the validity of information provided by you, shall also be considered a material breach of this Agreement.

5. PROVISIONS SPECIFIC TO PURCHASING/BIDDING ON DOMAIN NAMES

As a Buyer, you are obligated to complete the transaction if you purchase the domain name through a fixed price, Buy Now format, or if you are the highest bidder at the end of an auction and your bid meets or exceeds the minimum bid or reserve price. Should you fail to complete the transaction for any reason (including, but not limited to, failing to pay the purchase price if you purchase the domain name through a fixed price, Buy Now format, or if you are the highest bidder at the end of an auction and your bid meets or exceeds the minimum bid or reserve price), GoDaddy reserves the right to (i) charge you a fee or (ii) terminate your membership with GoDaddy Auctions (as determined by GoDaddy in its sole and absolute discretion). You acknowledge some listed domain names may be subject to an additional renewal fee. For those domain names, the renewal fee will be added to your bid or Buy Now price to form the purchase price. You agree by completing the transaction, you are responsible for payment of the renewal fee. GoDaddy may in our sole discretion require you to tender payment to us in a manner of our choosing, including but not limited to credit card or wire transfer. Once you send payment, you will not be able to withdraw those funds or send the funds to another recipient unless the initial transaction is cancelled. Should the transaction fail to complete, the funds, minus the administration fee as outlined in the pricing structure, will be returned to you.

For Expired Auctions, GoDaddy will obtain the funds first by the Payment Method you have designated. If there are insufficient funds or invalid credit card information, GoDaddy may obtain the remaining funds by charging any Payment Method you have on file. In the event of a charge reversal or chargeback by a credit card company or other payment provider, or if we determine in our sole discretion that we are unable or unlikely to collect payment, any associated domain registration will immediately terminate and/or the domain name registration will be transferred to GoDaddy as the paying entity for the registration. GoDaddy may, in our sole discretion, award the reclaimed domain name to the next highest bidder in the relevant auction and charge such bidder their highest bid amount, or make the domain name subject to a new auction among bidders determined by GoDaddy, or otherwise dispose of the name.

You acknowledge and agree that GoDaddy may publish your unique bidder number once an auction in which you have participated has been closed or ended. As a Buyer, you are responsible for ensuring that your use of the domain name does not infringe on third-party rights or any relevant laws or regulations.

Some domain name listings may include traffic data (“Traffic Data”) and a valuation amount ("Valuation"). The Traffic Data and Valuation are provided “AS IS” and are for informational purposes only. The Traffic Data and Valuation both reflect internally calculated data and do not represent a guarantee of continued traffic or actual value of the domain name.

You agree not to purchase any domain name found through the Services without using the Services to complete the transaction. Should GoDaddy determine (which determination shall be made by GoDaddy in its sole and absolute discretion) that you are circumventing the Services, GoDaddy reserves the right to terminate your account.

You acknowledge and agree that ccTLDs may have unique eligibility requirements. Accordingly, before you purchase or bid on any ccTLD via GoDaddy Auctions, you should review the applicable registry rules, policies, and agreements for the ccTLD in question to ensure that you are in compliance with all eligibility requirements (including those listed in the Domain Name Registration Agreement, if any) and will be able to register the domain name upon a successful purchase or bid on GoDaddy Auctions.

6. PROVISIONS SPECIFIC TO GoDaddy EXPIRED DOMAIN NAMES (PREMIER AUCTIONS)

From time to time, GoDaddy may list domain names which have entered into an expiration period for their original registration (“Expired Domain Names”). Expired Domain Names will be clearly marked on the site. These Expired Domain Names may be listed on the Site on the date of their expiration, however, no sale will be final until forty-five (45) days after the date of expiration. During the redemption period, as described in the Domain Name Registration Agreement, the original registrant has the right to reclaim the Expired Domain Name. By bidding on the Expired Domain Name, Buyer acknowledges and agrees that if Buyer has the winning bid, the transfer of the Expired Domain Name will not be completed until after the expiration period is complete. Buyer further acknowledges and agrees GoDaddy shall not be obligated to offer a third-party escrow service to facilitate transactions involving Expired Domain Names. If the Expired Domain Name is reclaimed by the original registrant, GoDaddy will refund the full purchase price.

Buyer acknowledges Expired Domain Names must be renewed upon purchase. A one (1) year renewal or transfer fee will be added to the purchase price for each Expired Domain Name purchased. The successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, is due within forty-eight (48) hours of auction close or the form of payment you used to purchase your Go Daddy Auctions membership, or any valid payment method associated with the account, will be charged on the third day following the auction close.

If the winning bidder does not complete their purchase, you may be offered the Expired Domain Name for purchase. You must complete the purchase of the Expired Domain Name within twenty-four (24) hours of notification of the Expired Domain Name being offered to you. If you elect to purchase the Expired Domain Name, you acknowledge the Expired Domain Name must be renewed upon purchase. A one (1) year renewal fee will be added to the purchase price for each Expired Domain Name purchased. Your bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, is due within twenty-four (24) hours of the notification of option to purchase the Expired Domain Name and if payment is not received within twenty-four (24) hours, GoDaddy may offer the Expired Domain Name to others for purchase. If the Expired Domain Name is reclaimed by the original registrant, GoDaddy will refund the full purchase price.

7. CHANGE OF OWNERSHIP IN AUCTION SERVICES

GoDaddy cannot guarantee immediate change of ownership to Buyer. If the domain name sold is registered with GoDaddy and eligible for transfer via GoDaddy’s COA process, change of ownership will begin upon completion of the check-out process and receipt of Buyer’s funds. For domain names that are registered with GoDaddy but designated as Expired Domain Names and listed using the Auction format, change of ownership will not be completed until forty-five (45) days after the original date of expiration (approximately ten (10) days after the close of the Auction).

For all Member to Member and Expired auctions, payment is due within forty-eight (48) hours from the close of the listing or the form of payment you used to purchase your GoDaddy Auctions membership, or any valid payment method associated with the account, will be charged on the third day following the auction close. For all Expired Domain Name auctions, payment is due within forty-eight (48) hours from the close of the auction.

Buyer specifically authorizes and directs GoDaddy to act as its Designated Agent. As Designated Agent, GoDaddy will facilitate the transfer and change of domain name contact information for purchased domain names. As such, Buyer grants GoDaddy the power to explicitly consent to the material change of registrant contact information to facilitate transfer of the purchased domain names.

If the change of ownership to Buyer is not able to be completed (i) due to fraudulent activity or (ii) for any other reason, Buyer acknowledges and agrees that GoDaddy shall have no liability or responsibility regarding the same. In all cases, the change of ownership to Buyer is done without representation or warranty of any kind (including, but not limited to, any representation or warranty that a domain name does not infringe upon the intellectual property or other rights of a third party), and GoDaddy expressly disclaims any liability or responsibility regarding the same.

Please note that any domain name registered with GoDaddy may not be transferred away from GoDaddy to another registrar for a period of sixty (60) days following the change of ownership date.

8. GoDaddy’S RIGHT TO MONITOR

GoDaddy has no obligation to monitor the Services but reserves the right to do so. GoDaddy reserves the right to edit the descriptions and comments on listings. You acknowledge and agree that GoDaddy shall have the right to make public and share with third parties certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase.

9. DISPUTE POLICY

Occasionally, a dispute might arise regarding a transaction begun or completed through the Services. In such instance, you agree to be bound by GoDaddy’s Dispute Policy. GoDaddy reserves the right to modify the Dispute Policy at any time, without notice. This Dispute Policy is in addition to and does not replace Section 23 (Disputes, Binding Individual Arbitration and Waiver of Class Actions and Class Arbitrations) of the Agreement.

Filing a Dispute

To file a dispute, you must submit an email to AuctionDisputes@GoDaddy.com. The email must include:

• Your account number;
• Your name and contact information;
• The order number associated with the transaction;
• The domain name over which the dispute arises; and
• A detailed account of the dispute.

Such email must be received within four (4) days from the sale date.

Once a dispute has been received, GoDaddy will place the transaction into a “Hold” status while it investigates the dispute. GoDaddy reserves the right, in its sole discretion, to close any dispute it deems invalid or resolved. After investigation, GoDaddy will notify Buyer and Seller of the outcome of the investigation and complete or terminate the transaction as GoDaddy, in its sole discretion, deems appropriate.

GoDaddy reserves the right to charge an administration fee to cover the costs associated with investigation of a dispute. As such, you agree GoDaddy may charge an Administration fee to the Payment Method it has on file for you if a dispute is filed involving a domain name which you have listed or purchased through the Services. Should GoDaddy receive multiple complaints regarding transactions in which you are involved, GoDaddy, in its sole discretion, may cancel your account and terminate all listings you have.

In the event you have a dispute with one (1) or more members, you release GoDaddy, its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute.

10. REMEDIES AND RIGHT TO CANCEL

Without limiting other remedies, if:

1. You breach this Agreement or any document incorporated by reference;
2. GoDaddy determines your actions may pose a risk to GoDaddy or its members; or
3. GoDaddy determines your use of the Services infringes on the intellectual property or legal rights of others.

GoDaddy may immediately:

1. Warn its members of your actions;
2. Place a hold on any pending transactions associated with your account(s);
3. Limit funding sources and Payments;
4. Limit your access to your account(s) or to any functionality of your account(s); or
5. Indefinitely suspend or close your account(s) and refuse to provide our Services to you.

In addition, GoDaddy reserves the right to hold funds beyond normal distribution periods for transactions it deems suspicious or for account(s) conducting high transaction volumes to ensure integrity of the funds. If GoDaddy closes your account(s), GoDaddy will provide notice and pay you all of the unrestricted funds in your account(s) due to you.

Also, where in GoDaddy's estimation, it believes you owe it money for any reason, GoDaddy reserves the right to offset any payments into your Account until GoDaddy is made whole.