Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 117

Declaration of Linda Jett in Support of 112 MOTION for Summary Judgment Notice of Motion, Motion, and Memorandum of Points and Authorities ISO Go Daddy's Motion for Summary Judgment filed byGoDaddy.com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 Part 1, # 4 Exhibit 3 Part 2, # 5 Exhibit 4 Part 1, # 6 Exhibit 4 Part 2, # 7 Exhibit 5, # 8 Exhibit 6)(Related document(s) 112 ) (Slafsky, John) (Filed on 11/2/2011)

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JOHN L. SLAFSKY, State Bar No. 195513
DAVID L. LANSKY, State Bar No. 199952
HOLLIS BETH HIRE, State Bar No. 203651
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant/Counterclaimant
GODADDY.COM, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETROLIAM NASIONAL BERHAD,

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Plaintiff,

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vs.

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GODADDY.COM, INC.,

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Defendant.

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GODADDY.COM, INC.,
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Counterclaimant,
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vs.
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PETROLIAM NASIONAL BERHAD,
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Counterclaim Defendant.
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L. JETT DECLARATION ISO GO DADDY’S
MOTION FOR SUMMARY JUDGMENT
Case No: 09-CV-5939 PJH

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CASE NO.: 09-CV-5939 PJH

DECLARATION OF
LINDA JETT IN SUPPORT OF
GO DADDY’S MOTION FOR
SUMMARY JUDGMENT

Date:
December 7, 2011
Time:
9:00 a.m.
Courtroom: 3
Honorable Phyllis J. Hamilton

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DECLARATION OF LINDA JETT

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I, Linda Jett, declare:

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1.

I am Associate General Counsel in the legal department at Go Daddy.com, Inc.

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("Go Daddy"), and I have worked in the legal department at Go Daddy since 2007. I am

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responsible for the transactional department, which handles agreements between Go Daddy and

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third parties. I have personal knowledge ofthe facts set forth herein and, if called as a witness, I

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could and would testifY competently thereto.

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2.

When a Go Daddy customer requests a service via the online dashboard, depending

lOon the service requested, he or she may be required to agree to certain terms before Go Daddy's
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automated process completes the transaction and provides the service. For example, before a

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customer can register a new domain name, the customer must check a box indicating that he or she

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has reviewed and agrees to the terms 0 f Go Daddy's Domain Name Registration Agreement.

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Before Go Daddy will accept the transfer of a domain name from another registrar, the registrant

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similarly must check a box indicating that he or she has reviewed and agrees to the terms of Go

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Daddy's Domain Name Registration Agreement.

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3.

Based on the activities revealed in the account information for the

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petronastower.net and petronastowers.net domain names, the domain name registrant would have

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been required to agree to the terms in the following agreements:

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Go Daddy Universal Terms of Service (version as updated December 21, 2006, and

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as updated on December 17, 2009). True and correct copies of the December 21,

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2006 and December 17, 2009 versions of this agreement are attached as Exhibits 1

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and 2.

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Go Daddy Domain Name Registration Agreement (version as updated November 1,

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2006, and as updated on November 24, 2009), which incorporates the Uniform

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Domain Name Dispute Resolution Policy. True and correct copies of the

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November 1, 2006 and November 24,2009 versions of this agreement are attached

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as Exhibits 3 and 4.
JETT DECLARATION

• Go Daddy Domain Name Transfer Agreement (version as updated January 6,2006,
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and as updated on Apri123, 2009). True and correct copies of the January 6,2006

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and Apri123, 2009 versions of this agreement are attached as Exhibits 5 and 6.

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4.

The agreements referred to in paragraph 3 above represent all agreements between

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Go Daddy and the registrant ofthe pertonastower.net and petronastowers.net domain names.

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I declare under penalty of perjury that the foregoing is true and correct. Executed at

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Scottsdale, Arizona, on October 31, 2011.
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By:

~~(Qif_.
Linda Jett

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JETT DECLARATION