1. OVERVIEW

This Domain Name Registration Agreement is entered into by and between Microvera limited company 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 Microvera’s Domain Name Registration services. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, which incorporates by reference each of (i) Microvera’s Terms Of Service Agreement, (ii) all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the top-level domain (“TLD”) in which you register any domain, and (iii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of Microvera website.
The terms “we”, “us” or “our” shall refer to Microvera. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You acknowledge and agree that (i) Microvera 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 this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made 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, Microvera may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information, including your email address, current. Microvera 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question.

2. PROVISIONS SPECIFIC TO ALL REGISTRATIONS

Unless otherwise noted, the provisions below in this Section 2 are generally applicable to all TLDs that we offer.

Registry Policies:

You agree to be bound by all Registry Policies applicable to your domain name registration (at any level). IT IS YOUR RESPONSIBILITY TO VISIT THE APPLICABLE TLD SITE AND READ AND REVIEW ALL APPLICABLE REGISTRY POLICIES PRIOR TO YOUR REGISTRATION IN THE TLD. Notwithstanding anything in this Agreement to the contrary, the Registry Operator of the TLD in which the domain name registration is made is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to Microvera being a registrar for the respective TLD. The third party beneficiary rights of the Registry Operator will survive any termination of this Agreement.

Registration Requirements:

To the extent any TLD or ccTLD requires you meet eligibility, validation (e.g., DNS validation) or other authentication requirements as a condition to registering a domain name in the TLD, you agree that by submitting an application or registering or renewing your domain name, you represent and warrant that: (a) all information provided to register or renew the domain name (including all supporting documents, if any) is true, complete and correct, and is not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria prescribed in the Registry Policies for the applicable TLD for the duration of the domain name registration; (c) you have not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application (if applicable); (d) you acknowledge and agree that even if the domain name is accepted for registration, your entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and (e) you acknowledge and agree that the Registry or the registrar can cancel the registration of the domain name if any of the warranties required are found to be untrue, incomplete, incorrect or misleading.

Ownership:

You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.

Indemnification of Registry:

You agree to indemnify, defend and hold harmless (within 30 days of demand) the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s or Registry Operator’s prior written consent, which consent shall not be unreasonably withheld, and you agree that these indemnification obligations shall survive the termination or expiration of the Agreement for any reason.
In no event shall the Registry Operator be liable to you or any other person for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this Agreement or its incorporated Agreements and Policies your inability to use the domain name, your loss of data or files or otherwise, even if the Registry Operator has been advised of the possibility of such damages.

Third Party Beneficiary:

Notwithstanding anything in this Agreement to the contrary, the Registry Operator for any TLD in which your register a domain name is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to Microvera Ltd. being an affiliate of the registrar for the TLD. Third party beneficiary rights of the Registry Operator shall survive any termination of this Agreement.

Variable and Non-Uniform Pricing:

You acknowledge, understand and agree that certain domain names in certain TLDs are established by Registry Policies to be variably priced and/or may have non-uniform renewal registration pricing.

Restriction on Availability of Privacy or Proxy:

You acknowledge and agree that, as dictated by the Registry Policies, for certain TLDs you may not be permitted to purchase private TLD registrations. In such case, you must register for any and all TLD registrations using your personal information, which information you represent and warrant is current, accurate and complete.

3. FEES AND PAYMENTS

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. Microvera Ltd. expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

(B) DOMAIN NAME RENEWAL TERMS

When you register a domain name, you will have two renewal options: (i) “Automatic Renewal”, and (ii) “Manual Renewal”:

• Automatic Renewal. Automatic Renewal is the default setting. Microvera will automatically renew, for a period equivalent to the length of your original domain name registration, any domain name that is up for renewal and will take payment from the Payment Method you have on file with Microvera at Microvera’s then current rates.
• Manual Renewal. If the automatic renewal is disabled for your domain, you have the responsibility of logging into the Domain Manager portion of your members area for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will expire and you will no longer have use of that name.

All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. If for any reason Microvera is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.
For ccTLD .dk you must renew no later than 41 days prior to the expiration date, or your domain name will be placed in non-renewal status.
For ccTLD .cz you must renew no later than 33 days, .de – 5 days, .ch and .fr – 3 days prior to the expiration date or your domain name will be placed in Redemption Grace Period (RGP) status. When the domain name is in Redemption Grace Period status, you can renew the domain name only by contacting Microvera via support ticket and requesting that the domain name be restored and renewed. You cannot renew the domain name in RGP status through your Domain Manager. If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.
You agree that Microvera will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.
If you fail to renew your domain name in the timeframes indicated in this Agreement, your domain name will be placed on Hold and flagged for deletion. You will then have a 30-day Redemption Grace Period during which you may pay Microvera Ltd. a Redemption fee and redeem your domain name. The redemption fee of the most domains currently is $80.00 USD + Renewal Fee + VAT, and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will release your name and it will become available for registration. For certain ccTLDs (.ru, .dk, .hu, .nu, .pl and .se) there is no Redemption Grace Period.
Redemption Grace Periods vary for different ccTLDs.

(C) FREE PRODUCT TERMS

In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled.
For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first five (5) days after registration.
In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then we may, in its sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain. Failed registrations associated with promotional offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in our sole discretion.

4. TERM OF AGREEMENT; TRANSFERS; DOMAIN TASTING

The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Microvera You agree that you will not transfer any domain name registered through Microvera to another domain name registrar during the first sixty (60) days after its initial registration date. You further agree that you will not engage in “domain tasting” by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. If Microvera determines (which determination shall be made by Microvera in its sole and absolute discretion) that you have been engaging in “domain tasting”, then Microvera reserves the right to (a) charge you a small fee (which shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether.
Microvera will not charge you a fee if Microvera cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control.
You agree that Microvera shall not be bound by (i) any representations made by third parties who you may use to purchase services from Microvera or (ii) any statements of a general nature, which may be posted on Microvera’s website or contained in Microvera’s promotional materials.

5. UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION

You agree to notify Microvera within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Microvera Ltd. with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Microvera Ltd. to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name. You agree that for each domain name registered by you, the following contact data is required: postal address, email address and a telephone number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact.
Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure. Registrar will not process data in a way that is incompatible with this Agreement. Registrar will take reasonable precautions to protect data from loss or misuse.

6. DISPUTE RESOLUTION POLICY

You agree to be bound by our current Dispute Resolution Policy. You agree that Microvera may from time to time modify its Dispute Resolution Policy. Microvera will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with Microvera after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review Microvera’s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with Microvera as a result of the modified Dispute Resolution policy, no fees will be refunded to you. You agree that if a dispute arises as a result of one (1) or more domain names you have registered using Microvera Ltd. you will indemnify, defend and hold Microvera Ltd. harmless as provided for in this Agreement.

7. YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You represent and warrant to the best of your knowledge that, neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, and disclosure of data and financial disclosures. If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. You represent that you possess any necessary authorization, charter, license, and/or other related credential for participation in the sector associated with the associated registry tld string. You will report any material changes to the validity of your authorization, charter, license, and/or other related credential. You will indemnify and hold harmless the registrar and registry operator, and their directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration. You agree that, in addition to other events set forth in this Agreement:
You acknowledge and agree that Microvera and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either Microvera or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by registry or any registrar in connection with a domain name registration, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process. You agree that your failure to comply completely with the terms and conditions of this Agreement and any Microvera rule or policy may be considered by Microvera to be a material breach of this Agreement and Microvera may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide Microvera with material evidence that you have not breached your obligations to Microvera within ten (10) business days, Microvera may terminate its relationship with you and take any remedial action available to Microvera under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by Microvera to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach. Microvera’s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

8. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You acknowledge and agree that you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and you acknowledge and agree that the consequences for such activities include suspension of the domain name. If you are hosting your domain name system (“DNS”) on Microvera’s servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Microvera you are responsible for ensuring there is no excessive overloading on Microvera’s servers. You may not use Microvera’s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Microvera reserves the right to deactivate your domain name from its DNS if Microvera deems it is the recipient of activities caused by your site that threaten the stability of its network. You agree that Microvera in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Microvera also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. Microvera may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by Microvera in its sole discretion, in association with spam or morally objectionable activities.

9. DOMAIN ADD-ONS

DNS Management. Total DNS is a complete Domain Name System (“DNS”) tool that allows you to manage your DNS and keep your website and web-based applications available and performing reliably. The service is provided “as is”, “as available”, and “with all faults”, and we assume no liability or responsibility regarding the same.
In addition, you specifically acknowledge and agree that we shall have no liability or responsibility for any:

• Service interruptions caused by periodic maintenance, repairs or replacements of the Global Name server Infrastructure that we may undertake from time to time;
• Service interruptions caused by you from custom scripting, coding, programming or configurations;
• Service interruptions caused by you from the installation of third-party applications;
• Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website; or
• Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Subject to the provisions of Force Majeure below, we offer a service uptime guarantee for paid services of 99.9% availability. You shall receive service credits for any Outage of the service covered by the Service Uptime Guarantee. The service credits shall be applied as extensions to the terms of the affected Service. The Service Uptime Guarantee shall become effective fourteen (14) days after your purchase of the Service covered by the Service Uptime Guarantee to allow both parties time to properly configure and test the Service.

Definitions. For the purposes of the Service Uptime Guarantee, the following definitions shall apply:

• “Global Name Server Infrastructure”: The group of systems (servers, hardware, and associated software) that are responsible for delivering the Services. The Global Name Server Infrastructure does not include web-based user interfaces, zone transfer mechanisms, update systems, or other customer-accessible data access or manipulation methods.
• “99.9% availability”: A guarantee that the Global Name server Infrastructure shall be available to respond to DNS queries 99.9% of the time.
• “Outage”: A period in which the Global Name server Infrastructure did not maintain 99.9% availability.
  Exclusions.
  For the purposes of the Service Uptime Guarantee, downtime due to the following events shall not be considered an Outage:
• Service interruptions caused by Regularly Scheduled Maintenance, which shall be defined as any maintenance performed on the Global Name server Infrastructure of which customer is notified twenty-four (24) hours in advance. Email notice of Regularly Scheduled Maintenance shall be provided to the customer’s designated email address;
• Service interruptions caused by you from custom scripting, coding, programming or configurations;
• Service interruptions caused by you from the installation of third-party applications;
• Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website; or
• Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
  We, in our sole and absolute discretion, shall determine whether an event shall be considered an Outage.