GoDaddy - DOMAIN BROKER SERVICE AGREEMENT

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 Domain Broker Service Agreement (this “Service Agreement”) governs your use of GoDaddy’s Domain Broker services (the “Domain Broker Services” or the “Services”). Capitalized terms used, but not defined, in this Service Agreement are defined in the Agreement. For the purposes of this ServiceAgreement, a person who wishes to purchase a registered domain name will be referred to as a “Buyer,” and a person who is the registrant of the domain name that the Buyer wishes to purchase will be referred to as a “Seller.”

The Services are provided as a way to buy or sell currently registered domain names only, and not the purchase or sale of associated website content. GoDaddy is not an escrow agent. As a result, GoDaddy does not guarantee the quality, safety or legality of many of the domain names. A Seller may elect to withdraw from negotiations at any time without any penalty up until the point in time when Seller has provided a verbal or written confirmation of an agreed upon purchase price, at which point the negotiation process is deemed to be complete.

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” process. 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 will remit payment of the full agreed upon purchase price to the Seller within approximately 20 days after receiving funds from the Buyer, except in the event of a dispute or where the payment is suspected to be fraudulent, as determined by GoDaddy in its sole and absolute discretion.

By using GoDaddy's “Transaction Assurance” process, you authorize GoDaddy to perform tasks on your behalf in order to complete the transaction. GoDaddy will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.

Except under the limited circumstances expressly set forth in The Limited Warranty for Sold Domains Section below, 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 the transaction is complete.

In all transactions, domain names purchased through the Services may not be transferred away from GoDaddy to another registrar for a period of sixty (60) days following the Change of Ownership date.

FOR THE PURPOSE OF FACILITATING THE CHANGE OF REGISTRANT INFORMATION DURING AND AFTER THE SALE OF ANY DOMAIN NAME, WHETHER AS BUYER OR SELLER, AND IN ACCORDANCE WITH ICANN'S CHANGE OF REGISTRANT POLICY, YOU AGREE TO APPOINT GoDaddy AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION ON YOUR BEHALF. AS DEFINED IN ICANN’S CHANGE OF REGISTRANT POLICY, A “DESIGNATED AGENT” MEANS AN INDIVIDUAL OR ENTITY THAT THE PRIOR REGISTRANT OR NEW REGISTRANT EXPLICITLY AUTHORIZES TO APPROVE A CHANGE OF REGISTRANT REQUEST ON ITS BEHALF.

Transaction Process. Once there is a Committed Sale, GoDaddywill begin the transaction process. This involves the Seller transferring the domain name to GoDaddy where it is placed in a GoDaddy account. Once GoDaddy has entered into a purchase with a Buyer the domain name will then be transferred to Buyer’s account.

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 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 Service 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 Service Agreement.

Both Buyer and Seller are obligated to complete the transaction after they mutually agree to a price for the domain(s). Both Buyer and Seller specifically authorize and direct GoDaddy to act as their Designated Agent to facilitate the transfer of the domain(s).

You may be required to provide information including, but not limited to, that which relates to tax or confirms your identity in order to comply with all applicable laws based on the country indicated in either the contact or payment sections of you payee account during set up. Further details on payee accounts can be found in the Agreement.

As a Seller, You may use the Services to list domain names to which you have registration rights for sale and are able to transfer in accordance with your obligations under this Service Agreement. By using the Services for such purposes, You represent and warrant that:

• You have all rights, titles and interests in the domain name necessary to complete the transaction;
• You have the ability to transfer the domain name free and clear of any obligations, liabilities, liens or encumbrances;
• The domain name does not infringe on the intellectual property rights of anyone else; and
• You have the right to transfer the domain name in accordance with your obligations under this Service Agreement.

You agree not to sell any domain name to any Buyer found through the Services without using the Services to complete the transaction. Should GoDaddy find that you are circumventing the Services, GoDaddy reserves the right to terminate your account and cancel all of your listings.

You are obligated to complete the transaction if a price is agreed upon for the purchase of the domain name (“Committed Sale”). Should you fail to complete the transaction for any reason (including, but not limited to, failing to move the domain name to GoDaddy's account on a Committed Sale, GoDaddy reserves the right to (i) charge you a fee or (ii) terminate your membership with GoDaddy Auctions (as determined by GoDaddy in it sole and absolute discretion).

GoDaddy will not release the domain name to Buyer until receipt of confirmation that the funds have been verified.

As a Buyer, You are required to deposit the mutually agreed-upon price and Buyer's broker premium, as established by GoDaddy, as soon as practical after you and the Seller reach an agreement, but in no event later than five (5) business days after a Committed Sale. At no time will Buyer be able to withdraw those funds or send the funds to another recipient unless the initial transaction is cancelled. Should the transaction be cancelled, the funds will be returned to Buyer. You agree GoDaddy is not responsible for breach of contract based upon Seller's refusal to accept the aforementioned mutually agreed to purchase price. In the event you and the Seller do not reach an agreement upon a purchase price, GoDaddy shall return any funds held by GoDaddy for the purchase of the domain to you as soon as commercially reasonably possible.

Buyer acknowledges and agrees that in no event shall GoDaddy refund the initial fee Buyer is required to pay to use the Services.

In addition to any and all other rights reserved by GoDaddy in this Service Agreement, GoDaddy expressly reserves the right in its sole discretion to:

1. Modify its pricing through email notification;
2. Deny, cancel, terminate, suspend, lock, or modify access to your Services for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (i.e., hacking); distribution of internet viruses or similar destructive activities; non-payment of fees; 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 in which you conduct business; activities designed to encourage unlawful behavior 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; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that GoDaddy determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
3. Deny, cancel, terminate, suspend, lock, or modify access to your Services if your use of the Services results in, or is the subject of, legal action or threatened legal action, against 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
4. Deny, cancel, terminate, suspend, lock, or modify access to your Services if you have not accessed or logged into it for ninety (90) days.

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 certain information in connection with the sale or purchase of domains 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.

Without limiting other remedies, if:

1. You breach this Service 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:

• Warn its members of your actions;
• Place a hold on any pending transactions associated with your account(s);
• Limit funding sources and payments;
• Limit your access to your account(s) or to any functionality of your account(s); or
• 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.

Domain Broker Service completed sales will be guaranteed for payment by GoDaddy if the Buyer does not perform and if the Buyer is not an associated party of the Seller.

For purpose of this limited warranty, a “completed sale” means an accepted private Buy Now transaction for a domain name through Domain Broker Service on GoDaddy’s Site, combined with receipt of payment by GoDaddy and transfer of the domain name to GoDaddy control.

Notwithstanding anything to the contrary in this Service Agreement, GoDaddy expressly reserves the right in its sole discretion to opt out of the Limited Warranty for Sold Domains.