Welcome to Afternic! By using the Afternic.com site, you are agreeing to be legally bound by the terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Please read these Terms of Use carefully before using this website. If you do not agree to all of the Terms of Use, you may not use this site.

Afternic reserves the right to change, modify, or otherwise alter these Terms of Use at any time. Please review these Terms of Use periodically for changes, as your ongoing use of this site after the posting of any changes to the Terms of Use signifies your acceptance of those changes.

If you are using the Afternic.com site and you are located in the EU, Section 45 of the Membership Agreement may also apply. The Membership Agreement is available here: https://www.afternic.com/legal/agreements/membership-agreement

Intellectual Property

All data, designs, text, images, photographs, illustrations, artwork, graphic content, or other copyrightable subject matter, in addition to the selection and arrangement thereof, as well as all trademarks, service marks, and trade names appearing on the Afternic.com site (the "Intellectual Property") are the property of Afternic and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected pursuant to United States and foreign copyright and trademark laws. Nothing contained on the Afternic.com web site should be construed as granting either directly, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or trade name displayed on the site without prior written permission of Afternic or its subsidiaries and affiliated companies unless expressly stated otherwise. Afternic vehemently enforces its intellectual property rights.

Afternic grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for lawful, noncommercial, personal use only, one copy of any of the Intellectual Property, provided that you maintain all copyright and other notices contained in such Intellectual Property. Notwithstanding the foregoing, you agree that under no circumstances you will use data obtained from Afternic.com, nor will you allow, enable, or otherwise support any third party's use of data obtained from Afternic.com, to: (i) collect or harvest listings appearing on the Afternic.com site for the purpose of sending solicitations to Afternic members; or (ii) enable high-volume, automated, electronic processes that apply to Afternic.com (or its systems), or any Internet domain name registrar or registry for the registration of second-level domains. You further agree not to sell, license, rent, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, compile, repackage, broadcast, circulation, or other dissemination of any Intellectual Property to any third party without the express prior written consent of Afternic. Use of any Intellectual Property beyond the scope of this limited license is permitted only with Afternic's express written permission.

You may not frame or use framing techniques to enclose the Afternic.com site, or any trademark, logo, or other proprietary information of Afternic, our subsidiaries, or affiliates without our express written consent.

Afternic's trademarks and trade dress may not be used: (i) in connection with any product or service that is not Afternic's; (ii) in a manner that is likely to cause confusion among consumers; or (iii) in any manner that disparages or discredits Afternic. While you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Afternic.com, you may not do so if the link portrays Afternic, its subsidiaries or affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Afternic.com logo or other proprietary graphic or trademark as part of any link without express written permission.

Representations and Warranties

YOU USE THE AFTERNIC.COM SITE AT YOUR OWN RISK.

THE INFORMATION AVAILABLE AT THE AFTERNIC.COM SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE TRADE OR PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.

Afternic makes no warranties or representations about the accuracy or completeness of the site content. Information on the Afternic.com site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.

NEITHER AFTERNIC NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, OR USE OF, THIS SITE OR ANY CONTENT ON THIS SITE, REGARDLESS OF THE ACCURACY OR COMPLETENESS OF ANY SUCH CONTENT AFTERNIC ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN. DECISIONS BASED ON DATA OR INFORMATION ARE THE RESPONSIBILITY OF THE INDIVIDUAL.

When you access a non-Afternic.com web site, please understand that it is independent from Afternic and that we have no control over its content.

Correspondence with Afternic

If you have any questions about this site, please contact Afternic.

Any comments or materials sent to Afternic, including feedback data, such as questions, comments, suggestions, or the like, regarding the content of any such documents (collectively "Feedback") shall be deemed to be non-confidential and non-proprietary. Afternic shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation and without compensation to you. Further, Afternic shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products incorporating such Feedback.

Disputes, Binding Individual Arbitration and Waiver of Class Actions and Class Arbitrations.

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

1. Disputes. The terms of this Section shall apply to all Disputes between you and Afternic, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced in this Agreement and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Afternic arising under or relating to any Afternic Services or Products, Afternic’s websites, these Terms, or any other transaction involving you and Afternic, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND AFTERNIC AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR AFTERNIC FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
2. Binding Arbitration. You and Afternic further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
3. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
4. Dispute Notice. In the event of a Dispute, you or Afternic must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Afternic must be addressed to: 100 S. Mill Ave, Suite 1600, Tempe, AZ 85281 USA, Attn.: Legal Department (the “GoDaddy Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Afternic and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Afternic may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
5. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND GODADDY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR GODADDY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
6. Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, at your option.
7. Initiation of Arbitration Proceeding. If either you or Afternic decide to arbitrate a Dispute, we agree to the following procedure:
   1. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).
   2. Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
   3. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
8. Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Afternic or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Afternic is entitled. The discovery or exchange of non-privileged information relevant to the Afternic may be allowed during the arbitration.
9. Arbitration Fees and Payments.
   1. Disputes involving $75,000.00 or less. Afternic will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Afternic’s last written settlement offer made before the arbitrator was appointed (“Afternic’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Afternic’s last written offer, Afternic will: (i) pay the greater of the award or $1,000.00; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Afternic agree on them.
   2. Disputes involving more than $75,000.00. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
   3. Disputes involving any amount. In any arbitration you commence, Afternic will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Afternic commences, Afternic will pay all filing, AAA, and arbitrator’s fees and expenses. Afternic will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute.
10. Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
11. 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY AFTERNIC BY E-MAILING LEGALOPTOUT@GODADDY.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name, (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in this Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in this Agreement. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Agreement. In the event that you opt-out consistent with the procedure set forth above, all other terms contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.
12. Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Afternic agree that if Afternic makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Afternic’s address) in these Terms, Afternic will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
13. Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
14. Exclusive Venue for Other Controversies. Afternic and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.

Privacy

If you have questions about what personally identifiable information Afternic collects about you, please review our Privacy Policy to learn about our privacy practices.