marbis / Nitrado USA, Inc.
hereinafter called "Nitrado"
General Terms and Conditions

Last updated: 01/11/2016
Director Marcel Bößendörfer

I. General

marbis / Nitrado USA, Inc., doing business as "Nitrado," operates the Internet portal with the URL "nitrado.net.". This is a platform, on which customers can rent game- and voice servers as well as web space, amongst other things, for pre-payment (“server services”). Customers can register for free on the Nitrado website. To register, a username, e-mail address, and password are required.

The terms and conditions ("Terms") govern the contractual relationship between Nitrado and those customers who use the server services (hereinafter referred to as "Customer").


II Services

1. Nitrado offers its customers the option to rent paid server services through the Internet-Portal www.nitrado.net for a defined period of time.

2. Upon the customer’s request, Nitrado shall act as a paid broker between the customer and the respective organization for the allocation and/or maintenance of domains. Nitrado has no control or influence over the domain assignment process and does not guarantee that the domain for which the customer applied will be allocated and / or assigned free of rights belong to others. The following rules must be observed when procuring and / or maintaining domains:

a) The customer guarantees that the domain for which he is seeking registration does not infringe upon the rights of third parties. If the customer is threatened with loss of the domain name, the customer is obliged to inform Nitrado immediately.

b) If the customer has not yet uploaded content to a domain switched on his behalf by Nitrado or maintained by Nitrado itself, Nitrado is entitled to place on the site its own content such as free advertising for themselves or third parties.

c) If the customer terminates a domain, Nitrado use at no charge the site to display its own content such as advertisements for themselves or third parties until the domain name expires. If a customer does not wish Nitrado to make such use, the customer shall apply in writing for the immediate deletion of the domain.

3. The benefits provided by Nitrado require registration as a customer. Registration itself is free. Nitrado may refuse to register a customer at any time without giving reasons. For registration, the customer must fill out the registration form; as credentials to access the site, the customer chooses a user name and password.

4. 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 the customer or to distribute unlawful content via the communication features of the server.

5. Use of the Nitrado website and its functions are 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.


III. Contract, Pricing, Payment Terms

1. The services and products offered on the Nitrado website are only an invitation to the customer to make an offer in return. A binding contract between Nitrado and the customer is only executed upon a successful registration pursuant to number I. and an order pursuant to numbers V. 3. and 4.

2. The customer must deposit an advance payment in his account to contract the services provided by Nitrado on the internet portal. Details are provided under number V.

3. As consumers as defined by § 312d Sec 1 of the Civil Code, customers are not entitled to require an invoice be issued by Nitrado. Nitrado meets the obligation to provide a written receipt by managing the customer's account. The customer always has the option to print out the details of his account.


IV. Provisions for Registration

1. Only unrestricted competent natural persons, partnerships, or legal entities have right to unrestricted use of the site.

2. Minor customers are granted an option for limited use. By registering, the minor states that the parent or guardian has given informed consent for the use of Nitrado server services. Nitrado may at any time request written consent of the parent or guardian.

3. To comply with the requirements of protection of minors, Nitrado reserves the right to carry out an age verification process. Age verification can be done by an automated consistency checking based on data given by the customer. Nitrado has the right to request appropriate evidence for age verification.

4. The customer shall disclose the information requested in the registration form completely and correctly. Registration with the information of a third party or providing otherwise inaccurate information is prohibited.


V. Payment for services by loading the account

1. To enable the customer to access the services provided by Nitrado in an uncomplicated and desired volume, the customer shall deposit a prepaid amount of money at his discretion into his Nitrado account by using the payment methods offered on the Nitrado internet portal. The customer can review the deposit value in his account overview. In the event the customer choses to his account repeatedly, the values of the individual deposits may be displayed in a consolidated manner.

2. Deposits can only be loaded via the internet portal offered by URL www.nitrado.net, and can only be used for ordering the services offered by Nitrado. The loaded deposit enables choosing a service or services up to the respective amount listed in the account overview.

3. The contract for obtaining the desired service(s) is executed with a binding customer order placed on the previously mentioned internet portal. The valid current price at the time the order is placed is displayed at order placement and deducted from the account overview in the amount confirmed by the customer until the available funds are exhausted.

4. An order exceeding the available funds displayed in the account overview will not be accepted. In this case, the customer must load another deposit before he can place an order.

5. The amount displayed in the account overview will not be paid out and cannot be traded in for cash.

6. The loaded values can be used up to the end of the third (3rd) year after deposit. Thereafter the amount expires and will be deleted from the account overview.


Va. Third party deposits

1. Third parties may deposit funds into a registered customer account using the payment methods offered on the Nitrado internet portal for a amount of money to be determined. This may be executed via the "load deposit for..." button. The depositing party enters his Ingame-Username / Purpose so the recipient of the deposit can verify who wants to make a deposit to his account.

2. The designated recipient of the deposit can then accept the deposit. The third party value is displayed in the account overview upon acceptance by the deposit recipient. The regulations outlined under V. apply for using the deposit received in this manner.


Vb. Supports servers

1. The payment methods offered on the Nitrado internet portal enable depositing funds into the account of a so called professional owner by a co-user via the “support server” button, whereas the co-user deposits a pre-defined amount of money which is loaded into the professional owner’s account.

2. The party rendering the deposit will enter his Ingame-Username / Purpose so the professional owner can verify who wants to deposit funds to his account. In addition, the depositing party confirms that a contract for using the server has been executed between him and the professional user.

3. Upon the co-user’s confirmation as listed under Vb. 5, the professional owner receives a message that a third party deposit by a co-user has been offered to him. The professional user can confirm the third party deposit.


VI. Terminating the account

1. The customer is entitled to cancel the contract with Nitrado for the contractual server services at the end of each contract term at any time. Unless an important reason from Nitrado existed, reimbursement of the account balance is not considered.

2. Nitrado is entitled to revoke the customer’s right to use the internet portal, the Nitrado-service and/or account overview if Nitrado becomes aware that the customer has violated the contract or these business terms and conditions. In the event Nitrado cancels the contract, the account balance will not be reimbursed.

3. Nitrado will delete the data of a registered customer if the customer has not logged into the internet platform with his user data for more than a year, or if he does not have a balance (s. V.) or if the balance for the respective period has expired. (s. V. 6.).

4. The business of Nitrado may change over the course of time; therefore Nitrado reserves the right to change the Nitrado-service. Nitrado also reserves the right to interrupt or discontinue the Nitrado-service or customer servitude in part or in its entirety. In the event Nitrado should exercise this right, the customer may be entitled to reimbursement if he still has an account balance and if he is not subject to events outlined in V. 6.


VII. Privacy Policy

1. The personal data of customers is collected, stored, processed, and used in compliance with data protection laws to the extent necessary for the execution of the contract scope in automated processes. Nitrado is entitled to share the data with natural persons or legal entities as part of its efforts to develop its business.

2. The customer may withdraw his consent allowing Nitrado to store data at any time without notice for any reason . If the customer's data should be permanently deleted, a message to Nitrado is sufficient. The customer is hereby notified that certain personal data may only be deleted after a specified period due to legal or contractual data retention obligations. All data which falls under these provisions will be blocked until they may be legally deleted. The existing entitlement of the customer to use the internet portal, the Nitrado Service and/or the account overview shall expire automatically with the deletion of his data.

3. The customer is hereby notified that Nitrado uses cookies and other technologies to allow evaluation of usage patterns. This is done anonymously without specific reference to the customer. The storage of this data is only for evaluation purposes.

4. Nitrado explicitly reminds you of its detailed privacy policy, which can be seen by clicking on this link.


VIII. Revocability

1. The customer, the consumer in terms of paragraph 312 d of the German Civil Code, is entitled to revoke this contract within fourteen days, without indicating reasons.

The cancellation period is fourteen days from the date of execution of the contract.

In order to exercise the right of revocation, the customer has to explicitly inform Nitrado via mail, over the phone or by email (e.g. a letter sent by mail, a telefax or an email) concerning his decision to revoke this contract. The customer may use the attached specimen of a cancellation form which, however, is not mandatory.

In order to observe the cancellation term, it suffices that the communication concerning the execution of the right of revocation has being submitted prior to the end of the cancellation term.

Consequences of revocation
In case of an effective revocation, the mutually received services have to be repaid without delay, at least fourteen days from the day the information concerning the cancellation of this contract has been received by Nitrado. For this repayment, Nitrado shall use the same type of payment that was applied by the customer for his initial transaction, unless something else was explicitly agreed upon. Under no circumstances shall emoluments be charged for this repayment. If the customer has demanded that the service be started during the revocation term, the customer will have to pay Nitrado an appropriate amount, corresponding to the portion of services foreseen in the contract and already rendered up to the time when Nitrado was informed of cancellation of this contract.


IX. Liability

1. Nitrado is liable to the customer in accordance with statutory requirements for damages resulting from injury to life, limb, or health caused by intentional or negligent breach of duty of Nitrado and for other damages based on intentional or grossly negligent breach of duty and fraud.

2. In addition, Nitrado is legally liable for damages in the case of the provision of guarantees. Except in one of the aforementioned cases, Nitrado is liable for ordinary negligence only if its directors, manager, or other agent violate an essential contractual obligation. In these instances, the liability is limited to typical and foreseeable damages. In all other instances, Nitrado is not liable for ordinary negligence. Nitrado shall not be liable for indirect or consequential damages.

3. Nitrado assumes no liability for errors in input, transmission, and / or evaluation because they are outside the control of Nitrado.

4. The customer is responsible for the content he makes available on the internet and is solely responsible and liable for any violations of law.

5. Nitrado reserves the right to correct, even post facto, apparent errors, especially in the disclosure of information and prices. A claim for damages from the customer is excluded in these cases.


X. Changes to the Terms and Conditions

Nitrado is authorized to change the content of these terms and conditions with the consent of the customer, if the changes are reasonable, taking into account the interests of Nitrado for the customer. The approval of the amendment shall be deemed granted if the customer does not object to the change within four weeks after receipt of the notice of change. Nitrado is obliged to inform the customers of the change together with the consequences of failure to make an objection. If the customer objects within this timeframe, Nitrado is entitled to terminate the customer’s right to use the internet portal, the Nitrado Service and/or the account overview.


XI. Proscription

Improper and abusive behavior on the Nitrado platform or on servers operated by Nitrado prohibited. Misuse includes, but not exclusively, when the customer:

- Provides deliberately incorrect, misleading, incorrect, or incomplete information;

- Does not follow the instructions defined during the registration;

- Has committed or is attempting to commit fraud, especially by making use of mechanisms, software or other scripts in connection with using the website that interfere with the website's functioning;

- Has purposely caused a malfunction;

- Manipulated the available servers and the programs on the servers;

- Has violated any other statutory provisions, the terms and conditions of Nitrado, or the general rules of conduct concerning rights and obligations towards others.


XII. Other Provisions

1. If any provision of the Terms and Conditions in whole or in part, is or shall become invalid, the validity of the remaining provisions shall not be affected. If a provision is not valid, a legally permissible provision shall take its place.

2. Nitrado advises his customers that the European Commission, according to Directive 2013/11/EU arranged an internet platform to settle conflicts between companies and consumers ("Online Dispute Resolution"). The named platform is available under the following link: ec.europa.eu/consumers/odr/

3. The contract language is german.

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