Berggren’s Terms and Conditions for Domain Services

1. PURPOSE

These Terms and Conditions shall apply to Berggren’s registration, transfer, renewal and maintenance of domain names as well as other domain name server services that you are provided as a customer of Berggren. You are hereinafter referred to as as a “Customer” or “End User”.

2. SERVICE PROVIDER

Under these Terms and Conditions, the service provider shall be Berggren Oy (Business ID 2635899-1), Eteläinen Rautatiekatu 10 A, FI-00101 Helsinki, Finland (hereinafter referred to as “the Service Provider” or “Berggren”).

To contact the Service Provider, send an e-mail to domain@berggren.fi or call +358 10 227 2000 (9:00–17:00 Finnish time, Monday to Friday).

3. TERMS OF SERVICE

3.1. The Service Provider’s services shall consist of the registration, transfer, renewal and maintenance of domain names and, pursuant to Section 3.2., the name server services in accordance with the Terms and Conditions (the “Service”). The Customer’s use of the Service shall be interpreted as acceptance of these Terms and Conditions and its appendices, and they shall constitute a binding agreement between the parties.

3.2. For the name server services concerning domain names, the service provider shall be Vercara LLC, a Delaware limited liability company, having its principal place of business at 45980 Center Oak Plaza, St.100, Sterling, VA 20166 ("Vercara") and the End-User License Agreement as Appendix 1 (the “EULA”) and Service Level Agreement as Appendix 2 (the “SLA”) shall be applicable to the name server services provided by Vercara. In case of a conflict between these main Terms and Conditions and the EULA and/or the SLA, the EULA and the SLA shall supersede these Terms and Conditions in the matters concerning the name server services provided by Vercara.

3.3. The name server services shall be provided in accordance with the SLA of Vercara. The Customer shall have the right to choose an alternative service provider for name server services. Customers who use name server services may be provided with access to a management portal that makes it possible for the Customer to update domain information and web forwarding. However, the Customer shall be liable for any changes the Customer makes to the system. In the event that the Customer decides to use the Service Provider to update the information in question, the Service Provider shall be entitled to charge support fees in accordance with schedule of fees available at https://www.berggren.eu/en/our-services/berggren-brands-designs/domain-services.

3.4. With the exception of the Appendix 2 provisions regarding name server services, the Service Provider shall provide the Service during regular office hours, 9:00–17:00 Finnish time on business days (Mon–Fri), excluding all Finnish national holidays. The Service Provider shall respond to the Customer’s requests within 24 hours.

3.5. The Service Provider shall have the right to use subcontractors in the provision of the Service and name server services. The Service Provider shall be liable for any work performed by subcontractors to the same extent it would if it had performed such work itself.

3.6. The Service Provider shall provide the service in the manner required by professional diligence and in compliance with current obligations pertaining to data protection and information security, taking into account the nature and requirements of the Service.

3.7. The Customer shall always provide the Service Provider with the necessary up-to-date information pertaining to the registration, transfer, renewal and maintenance of the Customer’s domain names as well as the information necessary for the invoicing of service fees.

3.8. The Customer shall use the Service only for legal purposes and comply with the applicable rules of the domain name registrar. The Service Provider shall inform the Customer of the said rules upon the Service Provider becoming aware of them in connection with the domain name registration process.

3.9. The Customer shall appropriately manage any user IDs and passwords that are issued for the purpose of using the management portal for name server services.

4. SERVICE FEES AND TERMS OF PAYMENT

4.1. Service Fees, including, without limitation, fees for registration, transfer, renewal, maintenance and support, shall be determined in accordance with schedule of fees available at https://www.berggren.eu/en/our-services/berggren-brands-designs/domain-services unless otherwise agreed by the parties in writing (“Service Fees”). The Service Provider shall have the right to change the Service Fees from time to time.

4.2. The Service Fees for maintenance, support and transfers shall be invoiced monthly according to the services delivered. Other Service Fees shall be invoiced at regular intervals as defined in schedule of fees. The Service Provider shall, however, have the right to check the Customer’s credit information and the Service Fees may be invoiced in advance of service delivery if such a decision is justified by the credit information.

4.3. The Customer shall make payment for the Service Fees as invoiced within fourteen (14) days of the invoice date (14 days net), unless otherwise agreed. All of the fees mentioned hereinafter shall be paid in euros. All Service Fees are indicated exclusive of value added tax.

5. LIMITED WARRANTY

The warranty and service level availability, such as they are described in these Terms and Conditions shall be the Service Provider’s and only warranty related to the Service. No other direct or indirect warranty or provision is given. The Service Provider specifically denies, without limitation, all other warranties, guarantees and commitments related to functional capacity, including all warranties that could otherwise be assumed to be indirect or implied, such as warranties concerning satisfactory quality, merchantability, suitability for a particular purpose, the capacity to achieve a particular outcome, the right of ownership or inviolability. Any and all warranties and limitations thereto regarding the name server services provided and given by Vercara are defined under the EULA and the SLA.

6. LIMITATION OF LIABILITY

6.1. The Customer shall bear sole liability for the use of the Service and all consequences thereof, unless specifically agreed otherwise. The Service Provider shall not be held liable to the Customer for any losses or damages arising from, or caused by, the Service either directly or indirectly.

6.2. Under these Terms and Conditions, the Service Provider’s liability to the Customer shall under all circumstances be limited to an amount equal to: The Service Fees paid to the Service Provider for the period of six (6) months preceding the act or negligence on which the claim is based or, if no Service Fees have been paid during the period in question, an amount equal to the Service Fees to be paid during the following six (6) months.

6.3. Under these Terms and Conditions, the Service Provider shall under no circumstances be held liable to the Customer for any particular, indirect or ancillary damages or losses pertaining to information, the availability of use and/or revenue, reputation, demands concerning service disruptions, costs and capital expenses arising from system downtime or any third-party claims based on any legal theory, regardless of whether the issue involves a mistake, performance, negligence, delay or delivery failure, personal injuries, property damage or other circumstances, with the exception of damages arising solely from the Service Provider’s willful or gross negligence. No third party with access to the Service Provider’s software shall under no circumstances be held liable to the Customer for any damages.

6.4. Any and all liability and limitations thereto regarding the name server services provided and given by Vercara are defined under the EULA and the SLA.

7. PRIVACY PROTECTION

7.1. The Service Provider shall comply with, and apply, the relevant national and EU laws and regulations pertaining to data protection and privacy. The Service Provider’s privacy notice, available online at https://www.berggren.eu/tietosuojakaytanto, shall apply to the processing of all personal data in the relationship between the Service Provider and the Customer pursuant to these Terms and Conditions.

7.2. In regular use of the name server services provided by Vercara, no personal data shall be processed.

8. CONFIDENTIALITY

8.1. Both parties shall maintain strict confidentiality of all material and information received from the counterparty that has been marked confidential or should be understood to be confidential. Both parties shall refrain from using such material or information for any purposes other than those mentioned in this Agreement.

8.2. The obligation of confidentiality shall not, however, apply to material or information (a) that is widely available or otherwise public; (b) that the receiving party has received from a third party without the obligation of confidentiality; (c) that was in the possession of the receiving party before the same material or information was received from the counterparty, without any related obligation of confidentiality; (d) that the receiving party has independently developed without using any material or information obtained from the counterparty; or (e) that the receiving party is obligated to disclose pursuant to legislation or regulations issued by the authorities.

8.3. The party that discloses information shall retain all rights to the disclosed information. The disclosure of information shall not constitute the granting of license or indirect consent to license pursuant to trademark law, copyright law, registered designs or any other intellectual property rights.

9. FORCE MAJEURE

9.1. Force majeure refers to any circumstance that prevents either party from fulfilling their obligations pursuant to these Terms and Conditions and is caused by circumstances beyond either party’s reasonable control, which the party in question could not reasonably anticipate on the date these Terms and Conditions entered into force, excluding hardware breaking down, interruptions in data communications, interruptions in the supply of electricity or deficiencies or negligence on the part of any of the Service Provider’s subcontractors, unless they are directly caused by a force majeure event (“Force Majeure”).

9.2. Either party shall be exempt from the fulfillment of any obligations pursuant to these Terms and Conditions (other than payment-related obligations) only to the extent, and only for the period of time, that the fulfillment of the said obligation is prevented or delayed by the Force Majeure event. In such situations, the party in question shall notify the counterparty without delay. The counterparty may extend the time allocated to the fulfillment of the obligation to rectify the breach in question, by an amount of time corresponding to the lost time caused by the Force Majeure event.

10. VALIDITY AND TERMINATION OF THE AGREEMENT

10.1. These Terms and Conditions shall enter into force the Customer receives a confirmation of Service from Berggren and remain in force until further notice.

10.2. Both parties shall have the right to terminate this Agreement with a 90 days’ notice. No refunds shall be made for any Service Fees paid prior to the date of termination.

10.3. In the event that the Service Provider amends these Terms and Conditions, the Service Provider shall notify the Customer no later than thirty (30) days before the amendments enter into effect. If the Customer does not accept the amendments, the Customer shall have the right to issue a written notice of termination to terminate the use of the Service within 30 days of being notified of the amendments, and the Customer shall be obligated to transfer their domain names to an alternative service provider within thirty (30) days of giving notice of termination. No refunds shall be made for any Service Fees paid prior to the date of termination.

10.4. The Service Provider shall have the right to terminate these Terms and Conditions and suspend the provision of the technical Service with immediate effect if the Customer fails to fulfill any obligations pursuant to these Terms and Conditions including, but not limited to, the Customer’s failure to make payments as agreed upon in accordance with Section 4, or breach of the terms of use specified in Section 3 or the EULA, and if the Customer has not rectified the situation within thirty (30) calendar days of receiving a written notification from the Service Provider demanding that the situation be rectified. In addition, the Customer’s failure to pay the Service Fees shall give the Service Provider the right to refuse further registrations or renewals of domain names on the Customer’s behalf.

10.5. The Service Provider shall have the right to terminate these Terms and Conditions and suspend the provision of the technical Service with immediate effect if Vercara refuses to offer and provide, suspends or terminates any End User’s use of the name server services upon Vercara's reasonable belief that the End User has breached the EULA.

10.6. The Service Provider shall also have the right to terminate this Agreement with immediate effect if the Customer becomes bankrupt or insolvent, is ordered into liquidation or can otherwise be considered insolvent.

10.7. The termination of these Terms of Conditions for any reason shall not affect the terms of use specified in Sections 4–9 and Section 11, which will remain in effect. The Service Provider shall have the right to invoice the Customer for any Service Fees for services performed before the termination of the Terms and Conditions.

11. INTELLECTUAL PROPERTY

11.1. Each Party retains all right, title and interest in and to its intellectual property. No licenses will be deemed to have been granted by either Party to any of its intellectual property except as expressly authorized in a service order.

11.2. Customer acknowledges that it has no proprietary interest in the Services, including, but not limited to, the servers, software, or data used by Service Provider or it’s contractors in the provision of the Services. Unless otherwise set forth in a service order, all right, title and ownership to any software (both in object code and source code format), hardware or know-how which Vercara licenses or develops to provide the Services (collectively, “Vercara Intellectual Property”) is owned exclusively by Vercara or its licensors.

11.3. Customer agrees not to, modify, copy, or reverse engineer the Services.

12. MISCELLANEOUS PROVISIONS

12.1. Neither party shall disclose these Terms and Conditions to third parties in full or in part without the counterparty’s advance written consent. However, the Service Provider is entitled to disclose these Terms and Conditions in full or in part to companies partially owned by the Service Provider or affiliated with the Service Provider.

12.2. The Service Provider shall have the right to amend these Terms and Conditions from time to time.

12.3. These Terms and Conditions reflect the entirety of the agreement between the parties regarding the subject of the agreement and they shall override and supersede all other agreements, both written and spoken, that may exist or may have existed between the parties regarding the subject of this Agreement, including all conflicting terms in the Customer’s documents.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

13.1. These Terms and Conditions shall be applied and interpreted in accordance with Finnish law, and all arbitration and court proceedings shall be carried out under Finnish law, excluding: (i) its provisions pertaining to the choice of law; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods (“the 1974 Convention”); and (iv) the Amending Protocol of the 1974 Convention, written in Vienna on April 11, 1980.

13.2. All disputes and complaints arising from, or related to, these Terms and Conditions, or the breach, termination or validity of the Terms and Conditions, shall be resolved by the Helsinki District Court in Finland.

APPENDIX 1: END USER LICENSE AGREEMENT (EULA) ULTRADNS MANAGED EXTERNAL SERVICE

1. PROVISION OF SERVICES. Vercara hereby grants an End-User a limited, non-exclusive, non-transferable right to access and use the Services. Except as set forth herein, Vercara grants no other rights or licenses to End-user with respect to the Services.
2. USE OF SERVICES. Unless otherwise stated in a service order, the Services are to be used solely for end-user’s internal business purposes only and are not for resale to any third party or use on a service bureau basis. In order to provide the Services, End-user may be required to connect to Vercara’s systems or network (“Vercara Network”). End-user shall only use the Vercara Network for the lawful business purposes outlined in the applicable service order. End-user shall not use or allow use of the Vercara Network in a manner that interferes with the use of the Vercara Network by Vercara or by any other authorized, third-party user. Unless otherwise provided for in a service order, End-user shall have sole responsibility for the expenses associated with deployment of any hardware or software necessary to access the Vercara Network.
3. The Services are to be used solely for End User’s internal business purposes only and are not for resale to any third party or use on a service bureau basis. In order to provide the Services, End User may be required to connect to Vercara’s systems or network (“Vercara Network”). End User shall only use the Vercara Network for the lawful business purposes outlined in the applicable Service Order. End User shall not use or allow use of the Vercara Network in a manner that interferes with the use of the Vercara Network by Vercara or by any other authorized, third-party user. Unless otherwise provided for in a Service Order, End User shall have sole responsibility for the expenses associated with deployment of any hardware or software necessary to access the Vercara Network.
4. Vercara may make upgrades or changes the Services which will not materially diminish the functionality of the Services without prior notice to End-user. In the event that a change to the Services would, in Vercara’s reasonable discretion, permanently, materially diminish or impair the functionality of the Services (“Change”), Vercara shall provide End-user with written notice at least sixty (60) days prior to the date the Change is to take effect. If the Change is unacceptable to End-user, End-user may terminate the relevant Service Order without penalty by providing written notice to Vercara at least thirty (30) days prior to the date the Change is scheduled to take effect. Any use of the Services by End-user after the effective date of the Change will be deemed acceptance of the Change by End-user. Vercara may discontinue a Service at any time upon ninety (90) days prior written notice, provided that such right shall not be utilized by Vercara as a termination for convenience, but shall only be used where such discontinuance would apply to all or substantially all of Vercara’s customers
5. Vercara will defend at its own expense any action brought against End User, or End User’s directors, officers, or employees by a third party to the extent that the action is based on a claim, suit, or proceeding that the Services infringe such party’s copyright or trademark rights (“Infringement Claim”). In the event of any such Infringement Claim or a claim that the Services violate that party’s intellectual property rights, Vercara may, at its option: (a) purchase a license to permit End User to continue using the Services; (b) modify or replace the relevant Services with non-infringing services of substantially equivalent performance within a reasonable period of time; or (c) terminate this Service Order immediately and reimburse End User for any fees paid in advance for Services that will not be performed due to such termination. Notwithstanding the foregoing, Vercara will have no obligation under this Section or otherwise with respect to any Infringement Claim based upon (i) any use of the Services not in accordance with this Service Order, or (ii) any modification of the Services by any person other than Vercara or its authorized agents or subcontractors. This Section states Vercara’s sole and exclusive liability, and End User’s sole and exclusive remedy, for an Infringement Claim.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL VERCARA BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR LOST EQUIPMENT, ANY WEBSITE OR NETWORK DOWNTIME, COST OF PROCURING SUBSTITUTE SERVICES OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER ARISING, WHICH ARE RELATED TO THE PROVISION OF SERVICES HEREUNDER, EVEN IF VERCARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR BREACH OF ANY TERM FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH SHALL BE THE EXCLUSIVE REMEDY AND VERCARA'S SOLE LIABILITY. IN NO EVENT SHALL VERCARA'S TOTAL CUMULATIVE LIABILITY TO END-USER FOR ANY DIRECT DAMAGES EXCEED THE AMOUNTS ACTUALLY PAID BY END-USER TO VERCAR IN CONNECTION WITH THE CONTESTED SERVICE OVER THE PRECEEDING TWELVE (12) MONTHS FROM THE TIME THE EVENT RESULTING IN LIABILITY OCCURS.
7. VERCARA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE AND DOES NOT WARRANT THE SERVICES AGAINST MALFUNCTION OR CESSATION DUE TO CESSATION OR MALFUNCTION OF ANY INTERNET SERVICE PROVIDER OR ANY OF THE THIRD PARTY NETWORKS THAT FORM THE INTERNET. EXCEPT AS SET FORTH HEREIN, ALL SERVICES AND EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND VERCARA MAKES NO WARRANTIES TO END-USER OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, END USERS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR RESULTS TO BE OBTAINED FROM USE OF THE SERVICES, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
8. GOVERNING LAW. This EULA shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflict of law principles and both parties consent to the exclusive jurisdiction of the courts of Fairfax County, Virginia.
9. INTELLECTUAL PROPERTY. Each Party retains all right, title and interest in and to its intellectual property. No licenses will be deemed to have been granted by either Party to any of its intellectual property except as expressly authorized in a Service Order. End-user acknowledges that it has no proprietary interest in the Services, including, but not limited to, the servers, software, or data used by Vercara in the provision of the Services. Unless otherwise set forth in a Service Order, all right, title and ownership to any software (both in object code and source code format), hardware or know-how which Vercara licenses or develops to provide the Services (collectively, “Vercara Intellectual Property”) is owned exclusively by Vercara or its licensors. End-user agrees not to, modify, copy, or reverse engineer the Services.
10. If the Services are delivered subject to a service level agreement (“SLA”), Customer’s sole and exclusive remedy, and Vercara’s sole and exclusive obligation, for a breach of the SLA will be the remedy(ies) set forth in the SLA. A breach of the SLA shall not constitute a breach of this Service Order. Vercara does not warrant the accuracy of the geographic location of any IP address with respect to the Directional DNS Service.
11. ACCEPTABLE USE POLICY. End-user shall not use, or allow use of, the Services in any of the following manners (“Abuses”) and shall be responsible for any such Abuses if committed by end users: (a) Use of the Services in an unlawful manner or for an unlawful purpose, including display of unlawful content; (b) Use of the Services to transmit or distribute material that intentionally contains a virus, "Trojan Horse," adware, spyware or data that is designed to corrupt or disable any computer file, database or network; (c) Use of the Services in a manner that, in Vercara’s discretion, directly or indirectly produces or threatens to produce a negative effect on the Vercara Network or that interferes with the use of the Services or Vercara network by other end-users or authorized users, including, without limitation, overloading servers or causing portions of the Vercara Network to be blocked; (d) Use of the Services to post substantively similar articles to an excessive number of newsgroups or to send unsolicited and/or mass e-mailings, whether or not such activities provoke complaints from the recipients; (e) Altering any aspect of the Service where such is not authorized by Vercara; or (f) Use of the Services in a manner that causes or is designed to cause, a denial-of-service or similar attack to any other party whether on the Vercara Network or on another network. Vercara may suspend a domain, a record, or the Services, as applicable, if, in Vercara’s reasonable determination, an Abuse occurs. Such suspension shall remain in effect until End-user corrects the applicable Abuse. In the event that, in Vercara’s reasonable determination, an Abuse is critically impacting, or threatens to impact critically, the Vercara Network or servers, Vercara may suspend a domain, a record or the Service, as applicable, immediately and without prior notice. In the event that an Abuse is not critically impacting the Vercara servers or network or threatening to do so, Vercara shall give End-user prior notice of any suspension. End-user’s failure to correct any Abuse within thirty (30) days after notice from Vercara will entitle Vercara to terminate this Service Order for breach pursuant to Section 3.2 of the MSA without any liability or obligation to provide a refund to End-user for any Service suspended or terminated.
12. WARRANTY. End-user warrants that (a) it has all right, title and interest to use and/or access all of the applications or content End-user provides to Vercara to perform the Services and all of the content accessed by Vercara at End-user’s direction to perform the Services (collectively, “Content”); and (b) it shall provide complete, accurate, and current information as is necessary for Vercara to perform the Services and shall update this information as needed to keep all such information complete, accurate, and current.
13. INDEMNIFICATION. End-user will defend at its own expense any action brought against Vercara, its directors, officers, or employees by a third party to the extent that the action is based on a claim, suit, or proceeding (“Claim”): (a) that arises out of or relates to the Content including, without limitation, a claim Vercara has infringed upon any third party’s intellectual property rights in the Content; (b) that arises out of or relates to End-user’s or its end users use of the Services other than a claim that the Service itself as an application infringes the intellectual property rights of a third party; (c) brought by End-user’s end users; or (d) that arises out of breach of the Acceptable Use Policy.
    
    

APPENDIX 2: SERVICE LEVEL AGREEMENT FOR VERCARA ULTRADNS

1. Support Contact Details
Support services for name server service are offered by Vercara in English language.

Vercara’s support is available at:

• Email: ultradnssupport@vercara.com
• Online: https://dns.ultraproducts.support/hc/en-us
• US phone: +1 (540) 835-5462
• UK phone +44 808 175 1189
  
  

2. Definitions

The following definitions shall apply:

2.1. “Authoritative DNS” shall mean a name server service that gives DNS answers that have been configured by an original source, for example, the domain, in contrast to answers that were obtained via a regular DNS query to another name server. An authoritative-only name service only returns answers to queries about domain names that have been specifically configured by the administrator.

2.2. “API” shall mean the Application Programming Interface provided by Vercara to its End-Users as a means of creating, reviewing, updating or deleting DNS configurations and related service options within the UltraDNS platform.

2.3. “UI” shall mean the web based user interface provided by Vercara to its End-Users as a means of creating, reviewing, updating or deleting DNS configurations and related service options within the UltraDNS platform.

2.4. “AXFR/IXFR” shall mean the process mechanism provided by Vercara to allow DNS administrators to transfer databases containing DNS data into the UltraDNS platform for replication across and announcement by the Vercara Server Network.

2.5. “AXFR/IXFR Zone Transfers” shall be described as one of the possible database replication mechanisms in RFC 1034.

2.6. “End-User Support Services” shall mean End-User support services available generally to End-Users of Vercara.

2.7. “Vercara Server Network” means the integrated hardware and software as combined to form the network deployed and controlled by Vercara in connection with the provision of the Services. The Vercara Server Network shall not include any third party hardware, software or networks not deployed and under the control of Vercara or telecommunications services or infrastructure providing a connection between any Vercara servers used in the provision of the Services.

2.8. “Propagation” shall mean the distribution on a DNS response change throughout the entire Vercara Server Network so that is available to be served as an Authoritative DNS response.

2.9. “Case Priority Level” The priority level assigned to an inquiry or case identifies the urgency in resolution. The lower the priority level, the higher the urgency within the Support Department. Case Priority Level shall mean:

3. Service Levels

3.1. Vercara will use commercially reasonable efforts to provide the Services without a Service Outage. Vercara, in its sole but reasonable discretion, shall determine whether a Service Outage occurred based on its records and data.

3.2. Service Levels are defined as follows:

3.3. Failure of an SLA shall not be considered a Service Outage when any of the following exceptions apply:

• End-User’s misuse of the Services through commission of an Abuse, Non-Vercara application programming or non-performance thereof;
• Non-performance or negligent or unlawful acts or omissions by End-User or End-User’s agents or its suppliers;
• Problems or delays associated with End-User’s domain name registrar;
• Unavailability of End-User’s network or the network of the party conducting the query, including that resulting from telecommunications failures;
• Problems or delays associated with third party networks or networks outside the Vercara Server Network;
• Force Majeure Events or denial-of-service attack (e.g., synchronized number sequence attacks) or similar, malicious attack on the Vercara Server Network or End-User, its authorized agents or suppliers;
• Suspension or termination of the Services by Vercara in accordance with the terms of the Service Order;
• Inaccurate and/or insufficient information or configuration information provided by End-User;
• The queried hostname receives less than 1000 queries per day;
• Scheduled maintenance (not impacting DNS Query uptime for UltraDNS Service as per 3.2.

4. Scheduled Maintenance

Vercara may perform maintenance on its systems at any time but will be limited to a maximum of six (6) hours of scheduled maintenance during the week. Scheduled Maintenance may result in the End-User’s inability to access (a) client-side web-based user interfaces, (b) zone/data transfer mechanisms, or (c) applications programming interfaces (APIs), or other End-User accessible data manipulation software. Vercara will maintain a standard maintenance window on Sunday beginning at 0400 AM Greenwich Mean Time (GMT) but may initiate an additional maintenance window during a weekday at a time period that is communicated to the End-User at least forty-eight (48) hours in advance. Additionally, Vercara may take an emergency maintenance outage of no more than four (4) hours once per month with four (4) hours advanced notice. Notice of Scheduled Maintenance will be provided to End-User’s designated point of contact by a method elected by Vercara (including telephone, email, fax, pager, mail or notification to the Vercara End-User management portal). DNS queries will continue to resolve during Scheduled Maintenance

Updated: November 15, 2023