GoDaddy

GOOD AS GOLD TERMS OF SERVICE AGREEMENT

Last Revised: April 30, 2012

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

1. OVERVIEW

This Good As Gold Terms of Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company (“GoDaddy”), 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 Good As Gold services (the “Good As Gold Services” or 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.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. Service details

The Good As Gold Services program is a prepaid services program that allows you to transfer funds from your bank account to an account with GoDaddy ("Good As Gold Account"), and then use said funds to purchase GoDaddy products and services, including domain names and related services, hosting, email, software, and applications.

You acknowledge funds transferred to your Good As Gold Account will be held in an account by GoDaddy, which will not accrue or pay interest for your benefit. To the extent interest, if any, may accrue, you understand and agree GoDaddy shall be entitled to receive and keep any such amounts to cover costs associated with the Good As Gold Services.

You acknowledge all transactions using the Good As Gold Services will be conducted in U.S. Dollars and that it is your responsibility to arrange for foreign currency translations prior to funding your Good As Gold Account. Wire transfers received by GoDaddy in foreign currencies will be returned, and you will be responsible for the cost of returning such funds. Your Good As Gold Account must be funded on an initial basis with no less than one hundred dollars ($100.00) paid in U.S. funds. You agree you will be responsible for all wire transfer fees, both incoming and outgoing, associated with your Good As Gold Account. Any non-U.S. wire transfers may be subject to fees charged by your bank, intermediary banks, or GoDaddy's bank, which may reduce the amount of the money received by GoDaddy's bank and subsequently funded into your Good As Gold Account. Customers funding a Good As Gold Account who wire one thousand dollars ($1,000.00) or more shall not be subject to a twenty-dollar ($20.00) wire transfer processing fee from GoDaddy. You hereby expressly authorize GoDaddy; (i) to reduce your Good As Gold Account by the amount of wire transfer fees GoDaddy incurs in order to receive your funds; and/or (ii) to charge a twenty-dollar ($20.00) service fee (“Service Fee”) in connection with the termination of your Good As Gold Account. All fees are subject to change and will be updated online in this Agreement.

As consideration for the Good As Gold Services purchased by you and provided to you by GoDaddy, you agree to pay GoDaddy in advance for the service to be provided. Payment is to be made by you providing either a valid wire transfer to the account of Domain Services, 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 service; and any money order that does not clear will result in a twenty-five dollar ($25.00) processing fee. Personal checks may be used only for payments of one hundred dollars ($100.00) or more, and must be issued in U.S. dollars for the full amount required at that time. Personal checks under one thousand dollars ($1,000.00) 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 product or service; and any check that bounces will result in a twenty-five dollar ($25.00) bounced check fee. You can verify the remaining funds in your Good As Gold Account at any time by logging in to Manage Your Account or through the shopping cart on the GoDaddy web site. Should you decide to terminate your Good As Gold Account (or should GoDaddy opt to terminate your Good As Gold Account because you have breached an obligation under this Agreement), then the balance in your Good As Gold Account will be refunded, net the Service Fee. All refunds will be made by check.

When you fund your Good As Gold Account, you must clearly indicate the GoDaddy Account number you would like the wire transfer, money order or personal check applied to in your transmittal of the wire transfer, money order or personal check (as the case may be). Your failure to clearly indicate such information may result in (i) the non-application of funds, (ii) the misapplication of funds, and/or (iii) delays in your ability to purchase GoDaddy products and services through your Good As Gold Account, and GoDaddy expressly disclaims any liability or responsibility for the same.

3. Term of agreement; modification

The term of this Agreement shall continue in full force and effect as long as you have any Good As Gold Accounts with GoDaddy. In the event you terminate your Good As Gold Account, any remaining funds in your Good As Gold Account will be refunded as set forth in Section 2 above.

You agree GoDaddy may modify this Agreement from time to time. GoDaddy also may discontinue the Services it provides under this Agreement. You agree to be bound by any changes GoDaddy reasonably may make to this Agreement when such changes are made.

4. Your use of GOOD AS GOLD services

Use of funds in your Good As Gold Account can only be made through the GoDaddy purchase process at GoDaddy's web site. Purchases may not be made unless there are sufficient, available funds in your Good As Gold Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein.

Additional funds may be added to your Good As Gold Account at any time. The minimum increment for funds transfers is one hundred dollars ($100.00). For security purposes, you should keep your Good As Gold Account access information in a secure location and take precautions to prevent others from gaining access to your User name and password. You agree you will be responsible for all activity in your Good As Gold Account, whether initiated by you, by others on your behalf, or by any other means. GoDaddy specifically disclaims liability for any activity in your Good As Gold Account, whether authorized by you or not.

You will be able to access your Good As Gold Account activity and records from the Manage Your Account link on GoDaddy's web site. Your Good As Gold Account will show purchases and the amount of funds remaining in your Good As Gold Account. GoDaddy reserves the right at all times to disclose any information about your Good As Gold Account as GoDaddy 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 Good As Gold Account, in the sole discretion of GoDaddy.

GoDaddy explicitly reserves the right to terminate your Good As Gold Account if it comes to the attention of GoDaddy that you are using your Good As Gold Account for objectionable activities. Objectionable activities include, but are not limited to:

  • 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.

5. 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.

6. 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.

Revised: 4/30/2012

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