Terms and Conditions

1. INTRODUCTION

Marbis / Nitrado USA, Inc., a Nevada corporation (“Nitrado”), operates the website with the URL “nitrado.net” (the “Website”). On the Website customers (“you”) can rent game- and voice servers as well as web space, amongst other things, for pre-payment (“Server Services”) for a defined time-period.

Please read these Terms and Conditions (the “Terms”) carefully as they govern the contractual relationship between Nitrado and you (individually a “Party” or together the “Parties”).

BY SIGNING UP FOR, OR OTHERWISE SIMPLY BY USING, THE SERVER SERVICES, YOU AGREE TO THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU SHALL NOT BE AUTHORIZED TO ACCESS YOUR ACCOUNT (AS DEFINED HEREINAFTER) OR USE THE SERVER SERVICES.

THE TERMS CALL FOR ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

2. AGE AND ELIGIBILITY REQUIREMENTS

BY USING THE SERVER SERVICES, YOU AFFIRM THAT YOU ARE EIGHTEEN (18) YEARS OR OLDER AND COMPETENT TO AGREE TO THE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE THIRTEEN (13) YEARS OR OLDER AND HAVE OBTAINED EXPRESS WRITTEN PARENTAL OR GUARDIAN CONSENT TO AGREE TO THE TERMS. NO ONE UNDER THE AGE OF THIRTEEN (13) SHALL BE PERMITTED TO USE THE SERVER SERVICES.

Nitrado in its sole discretion may carry out an age verification process. Age verification can be done by an automated consistency checking based on data provided by you. Nitrado in its sole discretion may request at any time appropriate evidence for age verification.

Additionally, in order to use the Server Services, you represent that you reside in the United States of America (the “U.S.”), and any registration and account information that you submit to Nitrado is true, accurate, and complete.

3. SERVER SERVICES

While providing Server Services Nitrado’s sole role is to provide server connectivity Nitrado has no control or influence over the domain assignment process and does not guarantee that the domain which you choose will be allocated to you and/or assigned free of third-party rights.

As long as you have not made use of the Server Services and uploaded any content to the domain, Nitrado in its sole discretion may upload its own content such as free advertising for itself or third parties.

Upon termination of a domain (as set forth in Section 10), Nitrado may in its sole discretion and at no charge use the domain to upload its own content, such as advertisements for Nitrado or third parties, until the domain name expires. In any such case, you can request in writing an immediate deletion of the domain.

4. SERVICE LIMITATIONS AND MODIFICATIONS

Nitrado uses reasonable efforts to keep the Server Services operational. However, Nitrado’s service offerings and their availability may change from time to time, without liability to you. For example:

• The Server Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
• The use of the Website is subject to the current state of internet service technology. Temporary restrictions may be experienced due to problems, such as disruption of telecommunications, power supply, hardware, and software faults.

In connection with internet or other service outages or failures that are caused by the actions or omissions of government authorities, other third parties, or other events beyond Nitrado’s control, Nitrado has no liability to you, nor any obligation to provide a refund, credit service extensions, or any other compensation to you.

5. NITRADO ACCOUNT, USERNAME AND PASSWORD AND UNAUTHORIZED USE OF USERNAME AND PASSWORD

You shall register and create a Nitrado account (the “Account”) to use the Server Services. You shall disclose the information requested in the registration form correctly and without any omissions (the “Account Information”). You shall immediately disclose to Nitrado, any change in the Account Information.

Registration with the information of a third party or providing otherwise inaccurate information is prohibited. Nitrado, in its sole discretion, may refuse to register you and reserves its right to terminate or suspend your registration at any time, with or without reason and with or without notice.

You shall keep your username and password for your personal use only and shall keep it confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. You shall notify Nitrado’s customer service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to the Account.

Nitrado may at any time without written notice reclaim, or require you to change, your username for no or any reason.

6. ACCESS TO THE SERVER SERVICES

Subject to your compliance with the Terms, Nitrado will grant to you limited, non-exclusive, non-transferable, revocable permission to make personal, non-commercial use of the Server Services (the “Access”). The Access shall remain in effect unless and until expired or terminated by Nitrado. You shall not redistribute, transfer or share the Server Services.

7. INFRINGEMENT AND PROHIBITED USE

You warrant and covenant that the domain for which you are seeking registration does and will not infringe upon the rights of third parties. If you are informed that the domain name might infringe, or otherwise are threatened with the loss of the use of the domain name, you shall inform Nitrado immediately in writing.

The Server Services may be used only for the purposes specified by Nitrado. It is prohibited:

• to store illegal content on the storage space made available to you;
• to distribute unlawful content via the communication features of the server;
• to provide deliberately incorrect, misleading, incorrect, or incomplete information;
• not to follow Nitrado’s instructions, including those communicated during the registration;
• to commit, or to attempt to commit, fraud by making use of mechanisms, software or other scripts in connection with using the Website that interfere with the Website's functioning;
• to cause a malfunction purposefully, recklessly or negligent;
• to manipulate the Servers Services and its supporting software and programs;

Should you be between thirteen (13) and seventeen (17) years old, Nitrado in its sole discretion may grant you solely limited use of Server Services.

8. PRE-PAYMENT

(1) Pre-payment

Pre-payment is required to enable you to access and order Server Services. You may deposit any prepaid amount to the Account by using the payment methods offered on the Website. The initial prepaid amount and any additional prepaid amount (the “Individual Payment”) will accumulate; in the aggregate these deposits represent the value of the Account (the “Deposit Value”). You can review the Deposit Value at all times in the Account overview.

The Deposit Value may be used solely for purchasing Server Services. You may not purchase Server Services exceeding the Deposit Value.

The Deposit Value will at no time be paid out to you and may not be traded in for cash. Any Individual Payment may be used for Orders (as defined hereinafter) through the third (3rd) anniversary of the date of the deposit of the Individual Payment. Thereafter, the remainder of the Individual Payment shall expire and be forfeited and will be deducted from the Deposit Value.

(2) Third Party Deposits

You may authorize an Individual Payment to a registered customer account (the “Third-Party Deposit”). Third-Party Deposits may be made by using the payment methods offered on the Website and by using the “load deposit for...” function.

When authorizing a Third-Party Deposit you shall provide your in-game-username registered on your Account (the “In-game-Username”) and the purpose for the deposit.

Upon the acceptance by the designated recipient the Third-Party Deposit will become and be considered Deposit Value of the designated recipient.

(3) Support Servers

You may authorize an Individual Payment to the account of a professional account holder/user (the “Professional”) by using the “support server” function on the Website.

When authorizing an Individual Payment for a Professional, you shall provide your In-game- Username and the purpose of the deposit. In addition, you shall send a written confirmation to [email protected] that the Professional has authorized you to use the Professional’s server.

Upon the acceptance by the Professional, the deposit will become and be considered the Professional’s Deposit Value.

(4) Unused Pre-Payment Deposit

If the Deposit Value is unused by you for a period of three (3) years or more, Nitrado shall consider that Deposit Value abandoned and may utilize or dispose of the Deposit Value as it deems fit. Nitrado shall have sole discretion on how to utilize any Deposit Value that it deems abandoned after the three (3) year period, and it shall have no validity for use by you.

9. PRICE, FORMATION AND AUTO-RENEW

In the order form provided on the Website, the price of the Server Services includes taxes and all other additional charges (the “Price”), and the duration of the Server Services (the “Pre-Paid Period”) will be listed. The applicable tax rates are calculated based on the Account Information.

By placing an order for Server Services using the order form provided on the Website (the “Order”) and the acceptance of such Order by Nitrado a contract is formed between you and Nitrado pursuant to the terms expressed herein. Once the Order is placed the Price will be deducted from the Deposit Value. An Order exceeding the available Deposit Value will automatically be void and will not be accepted.

You are automatically opted-in to renew your Order at the expiration of the Pre-Paid Period; the payment method you have on file will be charged. Failure to opt-out will result in automatic renewal based upon the Terms herein, and you will not be entitled to a refund for failure to timely opt-out of renewal.

TERMINATION AND SUSPENSION OF SERVER SERVICES

(1) Termination and Suspension for Cause

Nitrado may in its sole discretion at any time terminate your Server Services or suspend your access to the Account or Server Services, particularly if (i) you have breached any of the Terms, (ii) Nitrado stops providing the Server Services or any material component thereof, and/or (iii) as necessary to comply with applicable law.

If Nitrado terminates you, or if Nitrado suspends your access to the Account or the Server Services, you agree that Nitrado shall have no liability or responsibility to you, and (except as expressly provided in the Terms) Nitrado will not refund any amounts that you have already paid. In the event Nitrado exercises its right under this Section 10(1)(ii), you will be entitled to the reimbursement of the remaining Deposit Value.

(2) Automatic Termination

In any event your Server Services will automatically terminate if there is an insufficient Deposit Value to pay for the next Order, and there is no valid form of payment on file.

10. DELETION OF ACCOUNT AND ACCOUNT INFORMATION

Nitrado may in its sole discretion delete your Account and Account Information if (i) you have not logged into the Account for a period of more than one (1) year, or (ii) your Account does not show a Deposit Value for a period of more than 36 months or (iii) your Account does not show a Deposit Value after the expiration of the Deposit Value as set forth in Section (8)(1).

11. PRIVACY POLICY

Your personal data is collected, stored, processed, and used in compliance with relevant laws and regulations as set forth in Nitrado’s privacy policies as in effect from time to time, and Nitrado will not be liable to you for any non-compliance. You can view Nitrado’s current privacy policies here: https://server.nitrado.net/en-US/legal/privacy-policy.

12. CUSTOMER SUPPORT

For customer support with account- and payment-related questions, please use the customer support resources listed on the Website.

13. WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE SERVER SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. NITRADO MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NITRADO DOES NOT WARRANT THAT THE SERVER SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, NITRADO MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVER SERVICES OR ANY HYPERLINKED WEBSITE. NITRADO IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM NITRADO SHALL CREATE ANY WARRANTY ON BEHALF OF NITRADO.

14. LIMITATION OF LIABILITY

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVER SERVICES IS TO STOP USING THE SERVER SERVICES AND/OR A REFUND OF UP TO THE PRICE OF ONE (1) PREPAID PERIOD. YOU AGREE THAT NITRADO HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVER SERVICES. YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO NITRADO, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

15. LIMITATION OF REMEDY

IN NO EVENT WILL NITRADO OR ANY OF ITS DIRECT OR INDIRECT SHAREHOLDERS OR ANY OF ITS AFFILIATES, OR ANY OF ITS SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THEIR RESPECTIVE SUCCESSORS, OR ASSIGNS (THE “NITRADO PARTIES”), BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT), (3) ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS; WHETHER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVER SERVICES, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER NITRADO HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A SERVER SERVICES FAILS OF ITS ESSENTIAL PURPOSE, OR FOR WHATEVER OTHER REASON OR GROUND.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NITRADO PARTIES FOR ANY CLAIMS RELATING TO THE SERVER SERVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, OR FOR WHATEVER OTHER REASON OR GROUND AMOUNT TO MORE THAN THE GREATER OF THE AMOUNTS PAID BY YOU TO NITRADO DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM.

16. TIMING OF WARRANTY CLAIMS

ANY CLAIM ARISING UNDER THE TERMS SHALL BE COMMENCED BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION AS SET FORTH BELOW WITHIN FOUR (4) YEARSAFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS, OR REASONABLY SHOULD KNOW, OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. IF ANY CLAIM IS BROUGHT FOR THE ENFORCEMENT OF ANY WARRANTY CLAIM, NITRADO SHALL BE ENTITLED TO RECOVER ITS OWN AND ITS AFFILIATES’ ATTORNEY’S FEES AND DISBURSEMENTS AND OTHER EXPENSES (INCLUDING FEES AND DISBURSEMENTS CHARGED BY ANY COURT, ANY ARBITRATION ASSOCIATION, ANY ARBITRATORS AND ANY EXPERTS) INCURRED IN CONNECTION WITH ANY SUCH ACTION OR PROCEEDING TO THE EXTENT THAT NITRADO PREVAILS ON ONE (1) OR MORE OF SUCH CLAIMS.

17. INDEMNIFICATION

You agree to indemnify, defend and hold the Nitrado Parties harmless from and against all damages, losses, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses of any kind (including attorneys’ fees and costs incurred for or on behalf of the Nitrado Parties) arising out of or related to: (i) your breach of any of the Terms; (ii) any content you post or otherwise contribute; (iii) any activity in which you engage on or through the Account and/or the Server Services; (iv) any infections of Nitrado’s hardware or software with a “drop dead device”, “time bomb”, “trojan horse”, “virus”, “worm”, “spyware” or “adware” (as such terms are commonly understood in the software industry) resulting from your use or engagement on or through the Server Services and (v) your violation of any law or the rights of a third party.

18. MISCELLANEOUS

(1) Compliance with Laws

The Terms shall not, in any way, restrict or impede you from exercising protected rights to the extent that such rights may not be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance shall not exceed that required by the law, regulation, or order.

(2) Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Nitrado, the Terms constitute all the terms and conditions agreed upon between you and Nitrado and supersede any prior understandings in relation to the subject matter of the Terms, whether written or oral. Other terms and conditions governing the use of the Server Services are incorporated herein by reference, including but not limited to the following terms and conditions: Nitrado’s privacy policies. You can view Nitrado’s privacy policies here.

(3) Notices

Any notice or other communication or information requested or contemplated hereunder shall be sent, by confirmed email to [email protected] or by tracked overnight courier delivery (e.g., Federal Express, UPS or DHL) or by certified mail, return receipt requested, in each case to the following address: Woodhouse Roden Ames & Brennan, LLC 1912 Capitol Avenue, Suite 500, Cheyenne, WY 82001 Attention: Katye Ames, Esq. Such notice shall be deemed delivered (i) on the first (1st) Business Day ¹ after deposit with the courier for overnight delivery; or (ii) on the fifth (5th) Business Day after deposit with the U.S. postal service, if delivered by certified mail, return receipt requested; or (iii) on the day of transmission, if sent by confirmed email, except that if the notice is received on a day other than a Business Day or after 5:00 p.m. at the destination, it shall be effective as of the following Business Day.

¹ A “Business Day” means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of Wyoming are authorized or required by law or other governmental action to close.

(4) Governing Law and Jurisdiction

The Terms are governed by, and shall be construed in accordance with, the laws of the State of Wyoming, U.S., without regard to Wyoming’s choice or conflicts of law principles. Further, you and Nitrado agree to the exclusive jurisdiction of the federal and state courts located in Wyoming, to resolve any dispute, claim, or controversy that relates to, or arises in connection with, the Account, the Terms, the Server Services or your relationship with Nitrado that is not subject to mandatory arbitration under Section 19(5)(i). You waive any jurisdictional, venue or inconvenient forum objections to such courts.

(5) Dispute Resolution

(i) Mandatory Arbitration

The following provision sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and Nitrado will be resolved through arbitration (“Arbitration Agreement”).

You and Nitrado agree that any dispute, claim, or controversy between you and any Nitrado Party arising in connection with, or relating in any way to, the Account, the Terms, the Server Services or your relationship with Nitrado as a user of the Server Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) will be determined by mandatory binding individual (not class) arbitration administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules then in force. You and Nitrado further agree that the arbitrator shall have the exclusive power to rule on the arbitrator’s 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. The arbitrator shall be primarily located in the State of Wyoming, unless otherwise agreed to by the parties. The arbitration may be held virtually if all parties agree; if the parties cannot agree then the location of arbitration shall be Laramie County, City of Cheyenne, Wyoming. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator shall follow the Terms and may award the same damages and relief as a court (including attorney fees and expenses to the extend allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. Nitrado, as the prevailing party in any threatened or actual claim, action or proceeding between you and Nitrado shall be entitled to reimbursement by you for its legal costs and expenses, including Nitrado’s attorneys’ fees and expenses and any arbitrator’s fees and expenses. This arbitration provision will survive termination of the Terms.

(ii) Injunctive Relief

You and Nitrado both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit your or Nitrado’s rights, at any time, to bring an individual action (1) in a small claims court (to the extent that the jurisdiction of a small claims court may not be waived under applicable law) or (2) in a court of law, in accordance with the rules described in Section 19(5)(i), seeking temporary or preliminary injunctive relief, if the arbitrator is not authorized by the applicable law to rule and impose such relief. In addition, this Arbitration Agreement does not stop you or Nitrado from bringing issues to the attention of federal, state, or local agencies. Such agencies may, if the law allows, seek relief against Nitrado on your behalf.

(iii) No Class or Representative Proceedings and Class Action Waiver

YOU AGREE TO ASSERT AND FILE ANY CLAIM AGAINST ANY NITRADO PARTY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT TO ASSERT OR FILE ANY CLAIM AS A PLAINTIFF OR JOIN AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

You will not consent to or otherwise agree that an arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If an arbitrator decides that applicable law precludes enforcement of any of the limitations as to a particular claim for relief, then that claim (and only that claim) may be severed from the arbitration and may be brought in court.

(iv) Confidentiality

During the arbitration, the amount of any settlement offer made by you or Nitrado shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes i.e., (legal counsel, tax advisors and spouses) or as required by applicable law.

(v) Alternative Jurisdiction

If this Arbitration Agreement is invalidated in whole or in part, you agree that the exclusive jurisdiction and venue described in the Section 19(4) shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.

(6) Amendments

Nitrado may at any time make changes, deletions and additions to the Terms (including by incorporating additional or different terms and conditions) and the price structure, including the Price and the Pre-Paid Period (for periods not yet paid) (each a “Change”) without providing additional consideration in exchange for the amendments or changes. Nitrado will make reasonable efforts to communicate any Change to you in advance. Any Change will take effect on the first Business Day following the expiration of the Pre-Paid Period following the date of the Change. Any such changes will not apply to any dispute between you and Nitrado arising prior to the date on which the Terms were changed. Your use of the Server Services following any Change will constitute your acceptance of such Change. If you do not wish to continue using the Server Services under the updated Terms, you may not use, order or renew Server Services. The effective date set forth at the top of this document indicates when the Terms were last changed.

(7) Severability and Blue Pencil

In the event that any term or provision of the Terms shall be deemed by a court of competent jurisdiction or an arbitrator, as the case may be, to be overly broad in scope, duration or area of applicability, the court or arbitrator, as the case may be, considering the same shall have the power and hereby is authorized and directed to modify such term or provision to limit such scope, duration or area, or all of them, so that such term or provision is no longer overly broad and to enforce the same as so limited. Subject to the foregoing sentence, in the event that any provision of the Terms shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect or render invalid or unenforceable any other provision of the Terms.

(8) Survival

The following sections shall survive the termination or expiration of the Terms or Server Services: Sections 3 (Server Services), Sections 6 (Access to the Server Services) (except as set forth therein), Sections 11 (Deletion of Account and Account Information.), Sections 14 (Warranty Disclaimer), Sections 15 (Limitation of Liability), Sections 16 (Limitation of Remedy), Sections 17 (Timing of Warranty Claims), Sections 18 (Indemnification), Sections 19 (Miscellaneous), as well as any other sections of the Terms that, either explicitly or by their nature, shall remain in effect even after termination of the Terms.

(9) Waiver

No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party waiving such provision. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from the Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

(10) Assignment

Nitrado may at any time assign or delegate, in whole or in part, or otherwise transfer or sub- license any of its rights or obligations under the Terms to any third party. You may not assign or delegate any of your rights or obligations under the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.