TOSBack

This Universal Terms of Service for Go Daddy Software and Services Agreement ("Agreement") is by and between GoDaddy.com, Inc. ("Go Daddy") a/an Arizona corporation and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Go Daddy software ("Software") and services ("Services") and explains Go Daddy's obligations to You and Your obligations to Go Daddy in relation to the Software and Services You purchase.

This Agreement as well as any additional Go Daddy policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Go Daddy concerning Your use of Go Daddy's Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All Go Daddy policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy ("UDRP"). By purchasing Go Daddy's Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Go Daddy may establish from time to time, and any agreements that Go Daddy is currently bound by or will be bound by in the future. You may view the latest versions of these Agreements here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Go Daddy, whether or not the transactions were in Your behalf. You acknowledge that Go Daddy's acceptance of any application made by You for Services provided by Go Daddy will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.

<strong> The General Terms in Section A apply to all customers of Go Daddy. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services. strong>

You agree that Go Daddy may modify this Agreement and the Services from time to time. You agree to be bound by any changes Go Daddy may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Go Daddy, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Go Daddy will not refund any amounts You have paid. You agree that Go Daddy shall not be bound by any representations made by third parties who You may use to purchase Services from Go Daddy, and that any statement of a general nature, which may be posted on Go Daddy's web site or contained in Go Daddy's promotional materials, will not bind Go Daddy. Go Daddy may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying Go Daddy should You desire to terminate Your use of Go Daddy's Services. Notification of Your intent to terminate must be provided to Go Daddy no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date.

You agree to maintain accurate information by providing updates to Go Daddy, as needed, while You are using Go Daddy's Services. You agree You will notify Go Daddy within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Go Daddy to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that Go Daddy may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Go Daddy's Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Go Daddy has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Go Daddy has the absolute right, in its sole discretion, to terminate its Services and close Your account.

You can view Go Daddy's Privacy Policy here , which is incorporated herein by reference, as it is applicable to all Go Daddy Software and Services. The Privacy Policy provides Your rights and Go Daddy's responsibilities with regard to Your personal information. Go Daddy will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). For security purposes, Go Daddy recommends that You change Your password and shopper PIN every six (6) months, for every Go Daddy account, subject to Go Daddy's password and PIN guidelines. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Go Daddy immediately of any unauthorized use of Your account or any other breach of security. You agree Go Daddy will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Go Daddy or another party due to someone else using Your Account Access Information. You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Go Daddy specifically disclaims liability for any activity in Your account, whether authorized by You or not.

As a condition of Your use of Go Daddy's Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Go Daddy if, for any reason, Go Daddy takes corrective action with respect to Your improper or illegal use of its Services.

Go Daddy reserves the right at all times to disclose any information as Go Daddy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Go Daddy's sole discretion.

If You have purchased Services, Go Daddy has no obligation to monitor Your use of the Services. Go Daddy reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Go Daddy reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

Go Daddy reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Go Daddy 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. Go Daddy may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, Go Daddy may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Go Daddy in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to:

You agree Go Daddy may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Go Daddy liquidated damages of one dollar ($1) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Go Daddy's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Go Daddy's Anti-Spam Policy, available here . Such terms and conditions are applicable to the use of all Go Daddy Software and Services and are incorporated herein.

You agree Go Daddy or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, the Go Daddy web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Go Daddy or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Go Daddy or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

If You have licensed software from Go Daddy, Go Daddy grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two (2) or more computers at one time.

You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

Go Daddy reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Go Daddy. The source code and its organization are the exclusive property of Go Daddy and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by Go Daddy.

Go Daddy PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

As consideration for the Software or Services purchased by You and provided to You by Go Daddy, You agree to pay Go Daddy at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Go Daddy expressly reserves the right to modify pricing through email notification and/or notice on its web site. Payment may be made by You by Express Checkout where available, or by providing either a valid credit card, an online check, a personal check, gift card, except as prohibited in any product specific agreement, including but not limited to Auctions Membership, Discount Domain Club, Domain Buy Service, Domain Name Back Ordering, Domain Name Monitoring, Power Content Plans, Investor's Edge and Cash Parking, or using Go Daddy's prepaid service Good as Gold, ("Prepaid Services") to establish a cash reserve for charge by Go Daddy (collectively, the "Payment Method"). Your Prepaid Services account may be funded by a money order or a personal check under as further described, below. With Express Checkout enabled, clicking the "Express Checkout" button for a product that offers Express Checkout will automatically place an order for that product and charge the primary payment method on 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 products in Your account. For Go Daddy Marketplace users, You may use either use a valid credit card, PayPal, or Prepaid Services to make purchases. Go Daddy Marketplace transactions are governed by the Go Daddy Marketplace Returns and Refund policy published in the Marketplace FAQ on the date of Your original purchase.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Go Daddy will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Go Daddy, at Go Daddy's then current rates.

If for any reason Go Daddy is unable to charge Your Payment Method for the full amount owed Go Daddy for the Services provided, or if Go Daddy is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Go Daddy may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Go Daddy is unable to charge Your credit card with the full amount of 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 remedies in order to obtain payment. You agree that among the remedies Go Daddy may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Go Daddy reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager. For Go Daddy Marketplace orders where payment has not been received or Go Daddy has received a chargeback for any portion of the transaction, You understand that in addition to any administrative fees Go Daddy may charge for the handling of the chargeback, the seller may also pursue all available lawful remedies to collect payment plus applicable fees, or obtain the lost merchandise. Go Daddy is not responsible for the actions of the sellers.

You agree that You are solely liable for arranging that Your Services are renewed, and that Go Daddy shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.

While all transactions are processed in US dollars, Go Daddy may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Go Daddy makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

By using Go Daddy's Prepaid Services, You can transfer funds to Go Daddy in advance and use the balance of Your Prepaid Services Account ("Account") as You please. You can use Your Account to purchase any of the Software or Services of Go Daddy. As consideration for the Services purchased by You and provided to You by Go Daddy, You agree to pay Go Daddy in advance for the Services to be provided. Payment is to be made by You providing either a valid credit card, wire transfer, a money order, or personal check. All money orders will be delayed ten (10) days until the money is credited, which may delay Your usage of the product or Services, and any money order that does not clear will result in a twenty-five dollar ($25) processing fee. Personal checks may only be used for payments of one hundred dollars ($100) or more, and may not be made for less than the amount required at purchase. Personal checks under one thousand dollars ($1,000) are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of twenty-five dollars ($25.00) or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft.

You can verify the remaining funds in Your Account at any time by logging in to Manage Your Account or through the shopping cart on the Go Daddy web site. Should You decide to terminate Your Account and seek a refund of Your Prepaid Services, Your refund will be made by check net of any discounts, including, but not limited to, reduced or waived wire transfer fees and/or the Cash Discount.

You acknowledge that funds transferred to Your Account will be held in an account by Go Daddy, which will not accrue or pay interest for Your benefit. To the extent interest may accrue, if any, You understand and agree that Go Daddy shall be entitled to receive and keep any such amounts to cover costs associated with the Prepaid Services.

You acknowledge that all transactions using Prepaid Services will be conducted in U.S. Dollars and that it is Your responsibility to arrange for foreign currency translations prior to funding Your Account. Wire transfers received by Go Daddy in foreign currencies will be returned and You will be responsible for the cost of returning such funds. Your Account must be funded on an initial basis with no less than one hundred dollars ($100.00), paid in U.S. funds. You agree that You will be responsible for all wire transfer fees, both incoming and outgoing, associated with Your Account. Any non-U.S. wire transfers may be subject to fees by either Your bank, intermediary banks or Go Daddy's bank, which may reduce the amount of the money received by Go Daddy's bank and subsequently funded into Your Prepaid Good as Gold Account. Customers funding a Good as Gold Account who wire one thousand dollars ($1,000) or more shall not be subject to a twenty dollar ($20) wire transfer processing fee from Go Daddy. You hereby expressly give Go Daddy permission to reduce Your Account by the amount of wire transfer fees Go Daddy incurs in order to receive Your funds. All fees are subject to change and will be updated online in this Agreement.

Prepaid Services Accounts will receive a two percent (2%) discount on purchases (the "Cash Discount"), except for items purchased on Go Daddy Marketplace . The Cash Discount will be reflected in Your Account balance. Thus, purchases will reduce the balance of Your Account by ninety-eight percent (98%) of the total purchase price of each transaction. For example, if Your Account is funded with an initial amount of one hundred dollars ($100.00) and You make a ten dollar ($10.00) purchase, Your Account will be reduced by only nine dollars and eighty cents ($9.80). Go Daddy reserves the right to discontinue or change the Cash Discount at any time, without notice.

Use of funds in Your Account can only be made through the Go Daddy purchase process at Go Daddy's web site. Purchases may not be made unless there are sufficient, available funds in Your Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements.

Additional funds may be added to Your Account at any time. The minimum increment for funds transfers is one hundred dollars ($100.00).

You will be able to access Your Account activity and records from the Manage Your Account link on Go Daddy's web site. Your Account will show purchases and the amount of funds remaining in Your Account. Go Daddy reserves the right at all times to disclose any information about Your Account as Go Daddy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from Your Account, in the sole discretion of Go Daddy.

You agree Go Daddy makes no representations or warranties of any kind in connection with Prepaid Services. Go Daddy expressly reserves the right to deny, cancel or transfer any Account that it deems necessary, in its discretion, to protect the integrity and stability of the Prepaid Services system, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Go Daddy, as well as its affiliates, subsidiaries, officers, directors and employees. Go Daddy also reserves the right to freeze an Account during resolution of a dispute.

By using Go Daddy's pay by check option ("Pay By Check"), You can purchase Go Daddy Software and Services using a personal check. In consideration for the Software and Services purchased by You and provided to You by Go Daddy, You agree to allow Certegy Check Services, Inc. ("Certegy") to debit the full amount of this transaction from Your checking account, which is non-refundable. Certegy will create an electronic funds transfer (EFT) or bank draft which will be presented to Your bank or financial institution for payment from Your checking account. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.

It is Your responsibility to keep Your checking account current and to have available funds in it. You agree that Certegy and Go Daddy will not be responsible for payments that fail to go through as a result of Your checking account no longer existing or holding insufficient funds. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, You agree that Certegy and Go Daddy may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge in accordance with the fees provided below, or as otherwise permitted by law. These fees may be debited from Your account using an EFT or bank draft.