Universal Terms of Service - GoDaddy Registry

1. Your use of this Site and of the Services, including any content you submit, will comply with this Agreement, any applicable services agreement or policy that may apply and all applicable local, state, national and international laws, rules and regulations.
2. You are and shall remain solely responsible for the content of any materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like you transmit or provide to GoDaddy Registry or through the Services via electronic mail or otherwise (collectively the “User Content”).
3. You agree that all User Content you submit to GoDaddy Registry is owned by you, and you hereby grant to GoDaddy Registry the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display User Content and to incorporate any User Content in other works in any form, media, or technology now known or later developed, including, but not limited to, the right to publish User Content or use User Content on the GoDaddy Registry Site or in advertising of any type, with no obligation to pay you any consideration. GoDaddy Registry will not be required to treat any User Content as confidential, and GoDaddy Registry may use User Content in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind or as a result of any similarities that may appear in GoDaddy Registry’s future operations. User Content does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information, all of which is subject to the privacy standards set forth in our Privacy Policy, which is expressly incorporated into these Terms of Service. GoDaddy Registry reserves the right to remove any content submitted to the Site or through the Services at any time for any reason.
4. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
5. You will not use this Site or the Services in a manner (as determined by GoDaddy Registry in its sole and absolute discretion) that:
   
   1. Infringes on the intellectual property rights of another user or any other person or entity;
   2. Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity;
   3. Interferes with the operation of this Site or the Services;
   4. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
   5. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding GoDaddy Registry or GoDaddy Registry’s Services.
6. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by GoDaddy Registry.
7. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
8. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any GoDaddy Registry Content or User Content) or enforce limitations on the use of this Site, the GoDaddy Registry Content or the User Content therein.
9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
10. Without limiting any of the rights set forth elsewhere in this Agreement, GoDaddy Registry expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or the Service (including but not limited to the right to cancel or transfer any domain name registration) to any user (i) whose Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any GoDaddy Registry policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or the Services (as determined by GoDaddy Registry in its sole and absolute discretion).

GoDaddy Registry generally does not pre-screen User Content. However, GoDaddy Registry reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. GoDaddy Registry may remove any item of User Content and/or terminate a User’s access to this Site or the Services for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by GoDaddy Registry in its sole and absolute discretion), at any time and without prior notice. GoDaddy Registry may also terminate a User’s access to this Site or the Services if GoDaddy Registry has reason to believe the User is a repeat offender. If GoDaddy Registry terminates your access to this Site or the Services, GoDaddy Registry may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

European Union Digital Services Act (“DSA”) Supplemental Terms of Service

This section 7 applies as from February 17, 2024, which is the date of entry into effect of the EU Digital Services Act.

This section 7 sets out provisions, processes and disclosures that supplement the rest of this Agreement, as required under the DSA, which regulates the provision of certain digital intermediary services provided in the EU and notably sets out rules on the role of providers and imposes content moderation requirements and transparency obligations. These provisions only apply to you if you are in the EU and / or if you are using the Site or Services falling within the scope of the DSA. In the event of any conflict between the terms set out in this section and the other provisions of this Agreement, the terms of this section 7 shall prevail.

1. 1. Rules of conduct. Users are prohibited from providing, publishing or transmitting content which is incompatible with or violates this Agreement (including without limitation section 2) or any applicable laws in the EU or in any EU country (“Unauthorized Content”).
   2. Content moderation overview. GoDaddy Registry may voluntarily take action against any Unauthorized Content, in accordance with section 6 above. GoDaddy Registry may also receive orders from EU authorities and, in some limited instances, notices from individuals or entities, reporting the presence of alleged illegal content on (or transmitted through) the Site or the Services. GoDaddy Registry will process these orders and notices and take action based on the information provided. These actions may entail the restrictions mentioned in paragraph (c) below, or any other restrictions required by the relevant authority.
   3. Restrictions. GoDaddy Registry may, at any time and, depending on the nature of the violation, without prior notice, remove or otherwise act against any Unauthorized Content that any user provided on (or through) this Site or any Service. In practice, GoDaddy Registry may not always have the technical ability to remove specific items of content, save for content provided on the Site. Therefore, in certain exceptional circumstances (mainly under a court order), GoDaddy Registry may have to disable access to a whole Service involving illegal content (e.g., disabling a domain name corresponding to a website hosting illegal content). GoDaddy Registry may also terminate any user’s access to the Site or to any Service if they provide Unauthorized Content, as specified in this Agreement (including without limitation sections 2(j)and 6).
   4. Measures and tools for review. Notices and orders are subject to human review. Actions taken in response to notices and/or orders which relate to the provision of content by users of the Service or visitors of the Site is subject to human review. Some automation may be used to route tickets.
   5. Right to terminate the use of the Services. You have the right to terminate the use of the Services as specified in each bilateral agreement applicable to the relevant Service.
   6. DSA Point of Contact. If you have any questions or queries about this section 7 or any other DSA-related matters, you can contact us by email at the following address: [email protected]

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GODADDY REGISTRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE.

Indemnity. You agree to protect, defend, indemnify and hold harmless GoDaddy Registry and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by GoDaddy Registry directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site.

Limitation of Liability. IN NO EVENT SHALL GODADDY REGISTRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (V) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VI) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT GODADDY REGISTRY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL GODADDY REGISTRY’S TOTAL AGGREGATE LIABILITY EXCEED $100.00 U.S. DOLLARS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE.