- Topic Starter MapleDots
- Start date
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Anyone know what has changed and what precipitated the change?
rlm
Bonfire.ca
good question, if anyone is putting out a notice like that then they should really summarize the changes, highlight them, etc
The Terms of Service (TOS) have undergone several significant changes between the Previous version (Last updated October 09, 2023) and the Current version (Last updated November 19, 2025).
The most substantial changes involve the governing law, dispute resolution mechanism, and the introduction of class action waivers.
Here is a comprehensive breakdown of the changes:
1. Significant Changes to Governing Law and Dispute Resolution
The previous terms allowed for resolution of disputes primarily through the courts in Florida. The new terms establish mandatory binding arbitration and shift the legal venue to Delaware.
2. Changes to Section Numbering and Content
Due to the addition of the new dispute resolution provisions (Sections 23 and 24), the subsequent sections have been renumbered, and a new section for "Survival" was introduced.
3. Change in Indemnification Timing Clause
In the Indemnification section, the required timing for commencing a cause of action was slightly modified to reference the new Dispute Resolution section:
The date of the Terms update moved from October 09, 2023 to November 19, 2025.
In essence, the relationship between Bodis, LLC, and the user has transitioned from a system where disputes were resolved through the Florida court system to one that mandates individual binding arbitration in Delaware and explicitly prohibits class or collective action lawsuits.
Created using Google NotebookLM
The most substantial changes involve the governing law, dispute resolution mechanism, and the introduction of class action waivers.
Here is a comprehensive breakdown of the changes:
1. Significant Changes to Governing Law and Dispute Resolution
The previous terms allowed for resolution of disputes primarily through the courts in Florida. The new terms establish mandatory binding arbitration and shift the legal venue to Delaware.
Previous TOS (Sections 22 & 15) | Current TOS (Sections 23, 24, & 15) |
Governing Law: Laws of the State of Florida. | Governing Law: Laws of the State of Delaware. |
Jurisdiction: Exclusive jurisdiction in the federal courts of Florida or the state court located in Hillsborough County, Florida. | Jurisdiction (Subject to Arbitration): Exclusive jurisdiction and venue in the federal and state courts of the State of Delaware within Wilmington, Delaware. |
Trial Rights: No explicit waiver of jury trials in the Governing Law section. | Dispute Resolution: Requires that a "Dispute" be settled by binding arbitration. You and the Company irrevocably waive any rights to trial by jury in regard to arbitrable claims. |
Class Actions: Not explicitly addressed in a dedicated section. | Section 24 (New): Introduces NO CLASS ACTION OR COLLECTIVE ACTIONS; WAIVERS OF CLASS ACTION AND COLLECTIVE ACTIONS. You and the Company agree to bring any claim only on an individual basis, and the arbitrator has no authority to hear or preside over class or collective actions. |
Arbitration Details: N/A. | Arbitration Details (New Section 23): The arbitration must be conducted according to the American Arbitration Association ("AAA") Commercial Arbitration Rules, governed by the Federal Arbitration Act, before a single AAA arbitrator. The arbitrator cannot award non-monetary or equitable relief. |
Due to the addition of the new dispute resolution provisions (Sections 23 and 24), the subsequent sections have been renumbered, and a new section for "Survival" was introduced.
Previous Section | Content | Current Section | Change |
N/A | N/A | Section 20. Survival | NEW SECTION: Explicitly states that provisions necessary to enforce the purpose of the DPP Terms will survive termination of participation in monetizing domain names in the DPP. |
Section 20. Force Majeure | Details liability suspension during uncontrollable events (natural disasters, terrorism, etc.). | Section 21. Force Majeure | Content is identical, but section is renumbered. |
Section 21. Electronic Documents | Details consent via electronic signature/Acceptance Terms. | Section 22. Electronic Documents | Content is identical, but section is renumbered. |
Section 22. Miscellaneous | Contained Governing Law (Florida) and the standard severability/assignment clauses. | Section 25. Miscellaneous | Content is identical to the non-governing law parts of the old section, but it is renumbered. The governing law clauses were extracted and moved to the new Section 23. |
N/A | N/A | Section 23 & 24 | NEW SECTIONS detailing Governing Law, Binding Arbitration, and Class Action Waivers. |
In the Indemnification section, the required timing for commencing a cause of action was slightly modified to reference the new Dispute Resolution section:
- Previous: The claim "must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred".
- Current: The claim "must be commenced within one (1) year after the cause of action accrues PURSUANT TO SECTION 23 BELOW; otherwise, such cause of action or claim is permanently barred".
The date of the Terms update moved from October 09, 2023 to November 19, 2025.
In essence, the relationship between Bodis, LLC, and the user has transitioned from a system where disputes were resolved through the Florida court system to one that mandates individual binding arbitration in Delaware and explicitly prohibits class or collective action lawsuits.
Created using Google NotebookLM
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