Auction Bid, Offer, Buy Agreement

Auctions Bid/Buy/Offer Agreement

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. 1. OVERVIEW

This GoDaddy Auctions Bid, Offer and Buy Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of GoDaddy’s Bid, Offer and Buy services (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 GoDaddy’s Universal Terms of Service Agreement, which is incorporated herein by reference.

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

GoDaddy, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the GoDaddy website (this “Site”). You acknowledge and agree that (i) GoDaddy 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 at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last 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, GoDaddy may occasionally 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 email address, current. GoDaddy assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

2. Registrations and fees generally

You understand that each and every bid is a binding contract and that (a) a domain name registration renewal fee (which registration period shall run from the end of the domain name’s previous registration period) plus (b) a mandatory Internet Corporation for Assigned Names and Numbers (“ICANN”) fee will be added to any successful bid, as applicable. A list of the current domain name registration fees may be found here (by selecting the "Domain Pricing" hyperlink) and a list of the current ICANN fees may be found here. You are responsible for payment within forty-eight (48) hours of auction close, 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. The successful bid amount plus the one (1) year renewal fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, will be charged to any valid payment method we have on file upon closing of the listing. The domain name will transfer to you within one week after auction close, unless reclaimed by the original registrant, in which case you will be entitled to a full refund.

GoDaddy is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by the buyer or seller or failure of the buyer or seller to complete the transaction. Buyer does not obtain any rights in the registration of a domain name until completion of the transaction.

3. BIDS

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. Bids on fixed price auctions expire seven days after the bid is placed. 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 participation in the Services (as determined by GoDaddy in it sole and absolute discretion). Sellers who list their domain name as an “Offer/Counter Offer” may, once an offer is made, use the “Push to Auction” feature, to convert their domain name listing to an Auction listing. If the seller utilizes that feature on your offer, your offer will become the first bid on that listing. If no other (higher) offer is made, you will be deemed to be the purchaser of that domain name. If your offer is not “accepted” for the “Push to Auction” feature, you will be notified and have the option of bidding on that domain name on the Auction site.

You acknowledge and agree that if your winning bid is five thousand dollars ($5,000.00) or more, your transaction may be handled by third-party escrow service, Escrow.com. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by Escrow.com’s General Escrow Instructions, which are incorporated herein by reference. In addition, you acknowledge and agree that GoDaddy may disclose personally identifiable information to Escrow.com for the sole purpose of facilitating the transaction.

You acknowledge and agree that if you engage in a transaction with an auction selling price or a Domain Buy Service transaction of less than five thousand dollars ($5,000.00), your transaction will be handled by GoDaddy’s “Transaction Assurance” process. GoDaddy will remit payment of the purchase price, less the applicable commission and fees, to the Seller 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. 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. You acknowledge and agree that GoDaddy is not a bank, and the “Transaction Assurance” process is a payment processing service rather than 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.

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.

4. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

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 as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court 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 to be valid and enforceable to the fullest extent permitted by law.

5. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the 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 Service Agreement, the provisions of this Agreement shall control.