Terms and Conditions February 2024

1. General information, alterations

1.1 marbis GmbH (hereinafter referred to as "NITRADO") operates the internet portal with the URL https://server.nitrado.net (hereinafter also referred to as "internet portal") under the name "NITRADO". It is a platform on which customers can rent, against advanced payment, servers for playing online video games (game servers) and for the use of online voice chats (voice servers), as well as web space, in addition to other services (hereinafter jointly referred to as "server services"). Customers can register for free on the website of NITRADO. User name, e-mail address and password are required for the registration.

1.2 These General Terms and Conditions (“T & C”) regulate the contractual relationship between NITRADO and the customers of the internet portal. They shall apply in their respective version valid at the time of the conclusion of the contract. Any deviating T & C of the customers shall not apply to the contracts concluded between NITRADO and the customers, even if NITRADO has not explicitly objected to them.

1.3 NITRADO is entitled to alter the content of these T & C with the consent of the customer, provided that the alteration is reasonable under consideration of the interests of the customer, in particular in case of legal changes that are relevant to the market activities of NITRADO, and in case of a change of the economic circumstances. The agreement to the altered T & C shall be deemed to be given if the customer does not object to the alteration within six weeks after receipt of the alteration notification. NITRADO undertakes to inform the customer in the alteration notification about the consequences of not objecting. If the customer objects within this period, NITRADO is entitled to terminate the customer’s right to use the internet portal, the server services, the account overview, and/or further services of NITRADO within a notice period of 14 days.

2. Services

2.1 Via the internet portal, NITRADO offers its customers the option to rent server services against payment for a certain period of time.

2.2 At the request of the customer, NITRADO acts as a paid intermediary for procurement and/or maintenance of domains in the relationship between the customer and the respective organization for domain registration. In addition, the conditions of the respective registry shall apply. NITRADO has no influence on the domain allocation and cannot guarantee that the domains requested for the customer will be allocated at all, and/or that allocated domains are free of rights of third parties or will have permanence. Also, the following regulations are to be observed when procuring and/or maintaining domains:

• The customer guarantees that the requested domain does not violate any rights of third parties. The customer exempts NITRADO from all claims by third parties against NITRADO due to a domain having been brokered by NITRADO to the customer.
• Any loss of the customer's domain has to be reported to NITRADO immediately.
• If the customer has not yet provided any content for a domain brokered by NITRADO or a domain maintained by NITRADO, NITRADO is entitled to place its own content free of charge, such as advertising for itself or third parties.
• If the customer cancels a domain, it can be used by NITRADO until the expiration of the actual period of use, free of charge, for its own content like advertisements for itself or third parties. If the customer objects such a use by NITRADO, the customer must make a request in text form for an immediate deletion of the domain.

2.3 The use of the services of NITRADO requires registration as customer. The registration itself is free of charge. NITRADO is entitled to refuse the registration of a customer at any time without giving reasons. For registration, the customer must fill in the registration form; as access data the customer chooses a user name and a password. The customer must choose a secure password with at least six characters and must keep it protected against access by unauthorized third parties.

2.4 NITRADO shall undertake reasonable efforts to ensure the greatest possible accessibility of the internet portal and the server services. However, temporary restrictions may result from technical failures or other events that are beyond the control of NITRADO. In addition, necessary maintenance work may lead to temporary inaccessibility.

3. Conclusion of contract, price offer, terms of payment

3.1 Upon registration, a contract of use comes into existence between the customer and NITRADO with regard to the use of the internet portal; the customer has to declare his agreement to these T & C during the registration process.

3.2 The services and order options listed by NITRADO on the internet portal are merely an invitation to the customer to submit an offer on his part that is directed towards the conclusion of a contract. A binding contract for individual services – in particular for the provision of server services or the brokerage of domains – is concluded between NITRADO and the customer only after successful registration according to section 2.3. and order according to section 5.3.

3.3 In order to be able to order the services listed by NITRADO on the internet portal, the customer must charge an advance payment to his account. More details are specified in section 5. of these T & C.

3.4 Customers who are consumers in the sense of § 13 of the German Civil Code have no claim to the issuing of an invoice by NITRADO. NITRADO complies with the obligation to issue a written confirmation of receipt by displaying the individual charge in the account overview of the customer. The customer always has the option to create a printout of his account overview.

4. Regulations for registration

4.1 Only a natural or legal person with unrestricted legal capacity may become a customer with unrestricted options of use.

4.2 Underage customers receive a limited option of use. Upon registration, the underage customers assure that their legal representatives (usually the parents) have given their consent to the use of the server services of NITRADO. NITRADO is entitled to request a written consent from the legal representatives of underage customers at any time.

4.3 To comply with the requirements for the protection of minors, NITRADO reserves the right to carry out an age verification procedure. Age verification can be done automatically with a conclusiveness check based on the data provided by the customer. NITRADO is entitled at any time to request a suitable proof of age.

4.4 The customer must completely and correctly provide the data requested in the registration form. A registration with data that belong to third parties or are otherwise inaccurate is prohibited.

5. Payment of services by charging the account

5.1 In order to provide the customer with uncomplicated and immediate access to the desired extent of the services of NITRADO, the customer will charge his account with an advance payment by means of the payment options offered on the internet portal, the amount of which is to be determined by the customer. The amount of the charge is displayed to the customer in the account overview. If a customer recharges his account several times, the amounts of the individual charges can be displayed together.

5.2 Charges can be made only via the internet portal and only for ordering services offered by NITRADO. The charging of the account allows to choose a service, or services, up to the respective value of the amount displayed in the account overview.

5.3 The contract for the purchase of the desired service(s) is concluded with the binding order of the customer on the aforementioned internet portal. The price valid at the time of the order will be deducted from the account overview in the amount that is shown in the order and confirmed by the customer, until the available funds in the account overview have been used up.

5.4 An order which would exceed the funds shown in the account overview will technically not be accepted. In such an instance, the customer must first recharge his account before an order can be placed.

5.5 The funds shown in the account overview will not be paid out and cannot be exchanged for cash, unless this is explicitly stipulated in these T & C.

5.6 The charged individual funds are available for redemption until the end of the third year after they were charged. After this period, they expire and will be deleted from the account overview.

6. Third-party charge

6.1 By means of the payment options offered on the internet portal, a third-party charge can be made at an amount to be determined, with which the account of another registered customer of NITRADO will be charged. This is possible via the button “Charge for …”. Customers who make a third-party charge shall enter into the comment field their name, as known to the charge recipient, or another information suitable for identification, so that the charge recipient will be able to know who wants to charge his account.

6.2 The value of the third-party charge will be displayed to the recipient in his account overview. For the use of the charge value received in this way, the provisions of section 5. of these T & C shall apply.

7. Supporting a server

7.1 With the means of payment offered by NITRADO on the internet portal, it is possible for a co-user to charge the account of a so-called “Professional Owner” by means of the button “Support server”. The co-user will make a third-party charge, at an amount to be determined, with which the account of the Professional Owner will be charged.

7.2 The person making the charge shall enter into the comment field their name, as known to the charge recipient, or another information suitable for identification, so that the Professional Owner will be able to know who wants to charge his account. In addition, the person making the charge assures that a contract on the shared use of the Professional Owner’s server has been concluded between him and the Professional Owner.

7.3 With the confirmation by the co-user mentioned in section 7.2., the Professional Owner shall receive a message about a third-party charge having been made by a co-user.

8. Rights and duties of the customer

8.1 The internet portal and the services offered through it (in this section hereinafter jointly referred to as “services”) may only be used for the purposes specified by NITRADO, and in particular must not be used abusively.

8.2 The customer is obliged to refrain from activities in connection with the services that violate the law, in particular violations against the rights of third parties or violations against the principles of the protection of minors.

8.3 Furthermore, the customer is obliged not to use any programs, algorithms or other software in connection with the services that may disrupt or restrict the functioning of the services. In particular, before uploading files, the customer shall use reasonable effort to ensure that the files do not contain any malware. In addition, the customer shall not take any measures that may result in unreasonable or excessive strain on the infrastructure of the services, or may disrupt or restrict the services.

8.4 The customer is prohibited to upload, store or disseminate via the communication options of the services any content that violates the law or is contrary to morality. In particular, the customer shall not upload any content that is

• insulting, discriminatory or obscene;
• inciting to the commission of criminal offenses;
• harmful to minors or glorifies violence;
• a violation of copyrights, trademarks or other rights of third parties.

8.5 The following regulations shall be observed when domains are procured and/or maintained:

• The customer guarantees that the requested domain does not violate any rights of third parties. Any loss of the customer's domain has to be reported to NITRADO immediately.
• If the customer has not yet provided any content for a domain brokered by NITRADO or a domain maintained by NITRADO, NITRADO is entitled to place its own content free of charge, such as advertising for itself or third parties.
• If the customer cancels a domain, it can be used by NITRADO until the expiration of the actual period of use, free of charge, for its own content like advertisements for itself or third parties. If the customer objects such a use by NITRADO, the customer must make a request in text form for an immediate deletion of the domain.

9. Termination of the account, account deletion in case of non-use

9.1 Both contractual parties may terminate the contractual relationship at any time with effect as of the end of the term of the booked server services. Even if the customer has chosen an automatic renewal of the services, the term of service is defined in this sense as only the initially selected rental period until the first renewal. If the customer makes use of his right of termination, a refund of still existing account credits can only be considered in case of an important reason which is caused in the sphere of NITRADO.

9.2 Both parties have the right to extraordinary termination for an important reason. In particular, NITRADO shall be entitled to terminate the customer’s right to use the internet portal, the server services, the account overview, and/or further services of NITRADO without observance of a notice period if

• the customer has significantly violated the provisions in section 8. of these T & C;
• the customer purposefully provided incorrect data to NITRADO in the context of registration or in another place;
• the customer has behaved abusively towards NITRADO in other manner.

10. Data protection

10.1 Personal data of the customer is automatically collected, stored, processed and used in compliance with the data protection law, to the extent necessary for the execution of the contract. NITRADO shall be entitled to pass on the data to natural or legal persons in the context of the execution of the business transactions.

10.2 The customer receives more detailed information in the privacy policy of NITRADO, available at https://server.nitrado.net/en-GB/legal/privacy-policy.

11. Right of revocation

Consumers have the right to rescind contracts concluded with us via the internet within 14 days without giving any reason. A consumer is any natural person who concludes a legal transaction for purposes that can predominately be attributed to neither their commercial nor their independent professional activity.

The revocation period is fourteen days from the date of conclusion of the contract.

Execution of the right of revocation

In order to exercise your right of revocation, you must notify us

marbis GmbH
Griesbachstr. 10
76185 Karlsruhe, Deutschland

Email: [email protected]
Web: https://support.nitrado.net

by means of a clear declaration of your decision to revoke this contract. For this purpose you can use the attached sample revocation form, which is, however, not mandatory. For compliance with the revocation period it is sufficient to send the notification about the execution of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the most inexpensive standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification about your revocation of this contract. For this reimbursement, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; on no account will you be charged any fees because of this reimbursement.

If you requested the service to commence during the revocation period, you must pay us a reasonable amount, corresponding with the proportion of the total scope of the contractual services that was already provided until the time when you notified us about the execution of the right of revocation of this contract.

Sample revocation form

(If you wish to revoke the contract, please complete and return this form.)

- To [here, the entrepreneur fills in the name, address and, if applicable e-mail address of the entrepreneur]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication in paper form)
- Date ___________
- (*) Delete if not applicable.

12. Reporting and redress procedures

12.1 Nitrado provides all customers and other users of the Internet portal with an electronic form for reporting illegal content. All content that, in the user's opinion, violates applicable laws, these GTC and general rules of conduct can be reported. Any person who uses the form to report (potentially) illegal content to Nitrado must confirm that they believe in good faith that the information and statements made are correct and complete. Nitrado points out that the submission of abusive, misleading or obviouslyunfounded reports may result in civil and criminal penalties..

12.2 If the user provides an e-mail address in his report in accordance with paragraph 1, Nitrado confirms receipt of the report (confirmation of receipt). Nitrado reserves the right to forward reports to the users concerned in whole or in part. If absolutely necessary, the identity of the reporting person may also be disclosed.

12.3 Nitrado will examine all reports in accordance with paragraph 1 promptly, carefully, objectively and free of arbitrariness. If the review reveals that the reported content violates applicable laws, these GTC and general rules of conduct, Nitrado will take appropriate and reasonable measures. In particular, Nitrado may block access to content, suspend the provision of its services in whole or in part or close user accounts. When applying and enforcing all measures, Nitrado will proceed carefully, objectively and proportionately, taking into account the rights and legitimate interests of all parties involved as well as the fundamental rights and freedoms of users.

12.4 Nitrado will immediately inform the reporting person of its decision regarding the reported information and describe the possible legal remedies against this decision. If Nitrado is aware of the relevant electronic contact details (e-mail address) of the user posting the illegal content, Nitrado will inform the user of the action taken and give reasons for the action.

12.5 Nitrado enables affected users and notifying persons or organisations to file an appeal against decisions pursuant to paragraph 3. The complaint must be submitted within six months of becoming aware of the decision. Nitrado shall decide on complaints pursuant to sentence 1 in a timely, non- discriminatory, diligent and non-arbitrary manner. If a complaint contains sufficient grounds to believe that the decision not to act on a report is unfounded or that the information to which the complaint relates is neither unlawful nor in breach of the GTC, or if it contains information showing that the complainant's behavior does not justify suspension or termination of the service or closure of the account, Nitrado shall immediately reverse its decision. Nitrado shall inform the complainant of its reasoned decision without delay.

12.6 Nitrado reserves the right not to process abusive reports or complaints or to temporarily block access to the reporting form in accordance with paragraph 1 or the complaint management system in accordance with paragraph 5 if the reporting form or complaint management system is misused. Abusive use shall be deemed to include, in particular, the multiple submission of identical reports or complaints or the frequent submission of obviously unfounded reports or complaints. When deciding on the duration of the block, Nitrado will take into account the severity of the misuse, in particular the number of identical or obviously unfounded messages.

13. Strategy to combat the dissemination of terrorist content

13.1 Nitrado has set up a contact point that enables the receipt of official orders to remove terrorist content or to block access to terrorist content and ensures that they are processed without delay. The contact point in accordance with sentence 1 will be publicized via the imprint on the website. Nitrado shall remove terrorist content or block access to terrorist content in all member states as quickly as possible, and in any case within one hour of receiving a removal order in accordance with sentence 1.

13.2 Nitrado shall immediately inform the competent authority of the removal of the terrorist content or the disabling of the terrorist content in all Member States. If Nitrado is unable to comply with a removal order pursuant to paragraph 1 due to force majeure, de facto impossibility or because it contains obvious errors or insufficient information, it shall inform the competent authority without delay.

13.3 If Nitrado removes or blocks terrorist content in accordance with paragraph 1, Nitrado shall provide the content provider with information about the removal or blocking. At the request of the content provider, the hosting service provider shall inform the content provider of the reasons for the removal or blocking as well as the options for contesting the removal order or provide the content provider with a copy of the removal order. The obligation under sentences 1 and 2 shall not apply if the competent authority that issued the removal order decides that no information may be disclosed for reasons of public security.

13.4 Content providers whose content has been removed or blocked in accordance with paragraph 1 can file a complaint against the removal or blocking and request the restoration or unblocking of the content. Nitrado shall immediately examine each complaint received in accordance with sentence 1 and shall immediately restore and unblock the content if its removal or blocking was not justified. Nitrado shall inform the complainant within two weeks of receipt of the complaint of the outcome of the complaint and, in the event of a rejection, of the reasons.

14. Liability

14.1 NITRADO is liable without limitation for intent and gross negligence. In the case of simple negligence, NITRADO shall only be liable for damages resulting from injury to life, body, or health, or violation of an essential contractual obligation (an obligation which is fundamental to the proper execution of the contract, and which the contractual partner can, and may, regularly rely upon to be properly executed), as well as according to the product liability law.

14.2 In case of simple negligent violation of essential contractual obligations, the liability of NITRADO shall be limited to the amount of the foreseeable, typically occurring damage.

14.3 Otherwise the liability of NITRADO is excluded.

14.4 These liability limitations are also valid for the benefit of the legal representatives and vicarious agents of NITRADO.

15. Further provisions

15.1 Should individual provisions of these T & C be or become legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. Invalid provisions or loopholes shall be replaced by the respective legal provisions.

15.2 We are not obliged to participate in a dispute resolution procedure at a consumer arbitration board and we do not participate in such a procedure. NITRADO informs customers that the EU Commission has set up an internet platform ("ODR platform") in accordance with directive 2013/11/EU for the online settlement of disputes between entrepreneurs and consumers. This internet platform can be accessed via the following link: https://ec.europa.eu/consumers/odr

15.3 The German courts shall have jurisdiction for all disputes arising from, and in connection with, contracts concluded under these T & C. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the registered office of NITRADO shall be decisive for the place of jurisdiction for all disputes arising from, and in connection with, contracts concluded under inclusion of these T & C.

15.4 The contractual relationship is exclusively governed by the law of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is English.

Terms and Conditions 2022

1. General information, alterations

1.1 marbis GmbH (hereinafter referred to as "NITRADO") operates the internet portal with the URL https://server.nitrado.net (hereinafter also referred to as "internet portal") under the name "NITRADO". It is a platform on which customers can rent, against advanced payment, servers for playing online video games (game servers) and for the use of online voice chats (voice servers), as well as web space, in addition to other services (hereinafter jointly referred to as "server services"). Customers can register for free on the website of NITRADO. User name, e-mail address and password are required for the registration.

1.2 These General Terms and Conditions (“T & C”) regulate the contractual relationship between NITRADO and the customers of the internet portal. They shall apply in their respective version valid at the time of the conclusion of the contract. Any deviating T & C of the customers shall not apply to the contracts concluded between NITRADO and the customers, even if NITRADO has not explicitly objected to them.

1.3 NITRADO is entitled to alter the content of these T & C with the consent of the customer, provided that the alteration is reasonable under consideration of the interests of the customer, in particular in case of legal changes that are relevant to the market activities of NITRADO, and in case of a change of the economic circumstances. The agreement to the altered T & C shall be deemed to be given if the customer does not object to the alteration within six weeks after receipt of the alteration notification. NITRADO undertakes to inform the customer in the alteration notification about the consequences of not objecting. If the customer objects within this period, NITRADO is entitled to terminate the customer’s right to use the internet portal, the server services, the account overview, and/or further services of NITRADO within a notice period of 14 days.

2. Services

2.1 Via the internet portal, NITRADO offers its customers the option to rent server services against payment for a certain period of time.

2.2 At the request of the customer, NITRADO acts as a paid intermediary for procurement and/or maintenance of domains in the relationship between the customer and the respective organization for domain registration. In addition, the conditions of the respective registry shall apply. NITRADO has no influence on the domain allocation and cannot guarantee that the domains requested for the customer will be allocated at all, and/or that allocated domains are free of rights of third parties or will have permanence. Also, the following regulations are to be observed when procuring and/or maintaining domains:

• The customer guarantees that the requested domain does not violate any rights of third parties. The customer exempts NITRADO from all claims by third parties against NITRADO due to a domain having been brokered by NITRADO to the customer.
• Any loss of the customer's domain has to be reported to NITRADO immediately.
• If the customer has not yet provided any content for a domain brokered by NITRADO or a domain maintained by NITRADO, NITRADO is entitled to place its own content free of charge, such as advertising for itself or third parties.
• If the customer cancels a domain, it can be used by NITRADO until the expiration of the actual period of use, free of charge, for its own content like advertisements for itself or third parties. If the customer objects such a use by NITRADO, the customer must make a request in text form for an immediate deletion of the domain.

2.3 The use of the services of NITRADO requires registration as customer. The registration itself is free of charge. NITRADO is entitled to refuse the registration of a customer at any time without giving reasons. For registration, the customer must fill in the registration form; as access data the customer chooses a user name and a password. The customer must choose a secure password with at least six characters and must keep it protected against access by unauthorized third parties.

2.4 NITRADO shall undertake reasonable efforts to ensure the greatest possible accessibility of the internet portal and the server services. However, temporary restrictions may result from technical failures or other events that are beyond the control of NITRADO. In addition, necessary maintenance work may lead to temporary inaccessibility.

3. Conclusion of contract, price offer, terms of payment

3.1 Upon registration, a contract of use comes into existence between the customer and NITRADO with regard to the use of the internet portal; the customer has to declare his agreement to these T & C during the registration process.

3.2 The services and order options listed by NITRADO on the internet portal are merely an invitation to the customer to submit an offer on his part that is directed towards the conclusion of a contract. A binding contract for individual services – in particular for the provision of server services or the brokerage of domains – is concluded between NITRADO and the customer only after successful registration according to section 2.3. and order according to section 5.3.

3.3 In order to be able to order the services listed by NITRADO on the internet portal, the customer must charge an advance payment to his account. More details are specified in section 5. of these T & C.

3.4 Customers who are consumers in the sense of § 13 of the German Civil Code have no claim to the issuing of an invoice by NITRADO. NITRADO complies with the obligation to issue a written confirmation of receipt by displaying the individual charge in the account overview of the customer. The customer always has the option to create a printout of his account overview.

4. Regulations for registration

4.1 Only a natural or legal person with unrestricted legal capacity may become a customer with unrestricted options of use.

4.2 Underage customers receive a limited option of use. Upon registration, the underage customers assure that their legal representatives (usually the parents) have given their consent to the use of the server services of NITRADO. NITRADO is entitled to request a written consent from the legal representatives of underage customers at any time.

4.3 To comply with the requirements for the protection of minors, NITRADO reserves the right to carry out an age verification procedure. Age verification can be done automatically with a conclusiveness check based on the data provided by the customer. NITRADO is entitled at any time to request a suitable proof of age.

4.4 The customer must completely and correctly provide the data requested in the registration form. A registration with data that belong to third parties or are otherwise inaccurate is prohibited.

5. Payment of services by charging the account

5.1 In order to provide the customer with uncomplicated and immediate access to the desired extent of the services of NITRADO, the customer will charge his account with an advance payment by means of the payment options offered on the internet portal, the amount of which is to be determined by the customer. The amount of the charge is displayed to the customer in the account overview. If a customer recharges his account several times, the amounts of the individual charges can be displayed together.

5.2 Charges can be made only via the internet portal and only for ordering services offered by NITRADO. The charging of the account allows to choose a service, or services, up to the respective value of the amount displayed in the account overview.

5.3 The contract for the purchase of the desired service(s) is concluded with the binding order of the customer on the aforementioned internet portal. The price valid at the time of the order will be deducted from the account overview in the amount that is shown in the order and confirmed by the customer, until the available funds in the account overview have been used up.

5.4 An order which would exceed the funds shown in the account overview will technically not be accepted. In such an instance, the customer must first recharge his account before an order can be placed.

5.5 The funds shown in the account overview will not be paid out and cannot be exchanged for cash, unless this is explicitly stipulated in these T & C.

5.6 The charged individual funds are available for redemption until the end of the third year after they were charged. After this period, they expire and will be deleted from the account overview.

6. Third-party charge

6.1 By means of the payment options offered on the internet portal, a third-party charge can be made at an amount to be determined, with which the account of another registered customer of NITRADO will be charged. This is possible via the button “Charge for …”. Customers who make a third-party charge shall enter into the comment field their name, as known to the charge recipient, or another information suitable for identification, so that the charge recipient will be able to know who wants to charge his account.

6.2 The value of the third-party charge will be displayed to the recipient in his account overview. For the use of the charge value received in this way, the provisions of section 5. of these T & C shall apply.

7. Supporting a server

7.1 With the means of payment offered by NITRADO on the internet portal, it is possible for a co-user to charge the account of a so-called “Professional Owner” by means of the button “Support server”. The co-user will make a third-party charge, at an amount to be determined, with which the account of the Professional Owner will be charged.

7.2 The person making the charge shall enter into the comment field their name, as known to the charge recipient, or another information suitable for identification, so that the Professional Owner will be able to know who wants to charge his account. In addition, the person making the charge assures that a contract on the shared use of the Professional Owner’s server has been concluded between him and the Professional Owner.

7.3 With the confirmation by the co-user mentioned in section 7.2., the Professional Owner shall receive a message about a third-party charge having been made by a co-user.

8. Rights and duties of the customer

8.1 The internet portal and the services offered through it (in this section hereinafter jointly referred to as “services”) may only be used for the purposes specified by NITRADO, and in particular must not be used abusively.

8.2 The customer is obliged to refrain from activities in connection with the services that violate the law, in particular violations against the rights of third parties or violations against the principles of the protection of minors.

8.3 Furthermore, the customer is obliged not to use any programs, algorithms or other software in connection with the services that may disrupt or restrict the functioning of the services. In particular, before uploading files, the customer shall use reasonable effort to ensure that the files do not contain any malware. In addition, the customer shall not take any measures that may result in unreasonable or excessive strain on the infrastructure of the services, or may disrupt or restrict the services.

8.4 The customer is prohibited to upload, store or disseminate via the communication options of the services any content that violates the law or is contrary to morality. In particular, the customer shall not upload any content that is

• insulting, discriminatory or obscene;
• inciting to the commission of criminal offenses;
• harmful to minors or glorifies violence;
• a violation of copyrights, trademarks or other rights of third parties.

8.5 The following regulations shall be observed when domains are procured and/or maintained:

• The customer guarantees that the requested domain does not violate any rights of third parties. Any loss of the customer's domain has to be reported to NITRADO immediately.
• If the customer has not yet provided any content for a domain brokered by NITRADO or a domain maintained by NITRADO, NITRADO is entitled to place its own content free of charge, such as advertising for itself or third parties.
• If the customer cancels a domain, it can be used by NITRADO until the expiration of the actual period of use, free of charge, for its own content like advertisements for itself or third parties. If the customer objects such a use by NITRADO, the customer must make a request in text form for an immediate deletion of the domain.

9. Termination of the account, account deletion in case of non-use

9.1 Both contractual parties may terminate the contractual relationship at any time with effect as of the end of the term of the booked server services. Even if the customer has chosen an automatic renewal of the services, the term of service is defined in this sense as only the initially selected rental period until the first renewal. If the customer makes use of his right of termination, a refund of still existing account credits can only be considered in case of an important reason which is caused in the sphere of NITRADO.

9.2 Both parties have the right to extraordinary termination for an important reason. In particular, NITRADO shall be entitled to terminate the customer’s right to use the internet portal, the server services, the account overview, and/or further services of NITRADO without observance of a notice period if

• the customer has significantly violated the provisions in section 8. of these T & C;
• the customer purposefully provided incorrect data to NITRADO in the context of registration or in another place;
• the customer has behaved abusively towards NITRADO in other manner.

10. Data protection

10.1 Personal data of the customer is automatically collected, stored, processed and used in compliance with the data protection law, to the extent necessary for the execution of the contract. NITRADO shall be entitled to pass on the data to natural or legal persons in the context of the execution of the business transactions.

10.2 The customer receives more detailed information in the privacy policy of NITRADO, available at https://server.nitrado.net/en-GB/legal/privacy-policy.

11. Right of revocation

Consumers have the right to rescind contracts concluded with us via the internet within 14 days without giving any reason. A consumer is any natural person who concludes a legal transaction for purposes that can predominately be attributed to neither their commercial nor their independent professional activity.

The revocation period is fourteen days from the date of conclusion of the contract.

Execution of the right of revocation

In order to exercise your right of revocation, you must notify us

marbis GmbH
Griesbachstr. 10
76185 Karlsruhe, Deutschland

Email: [email protected]
Web: https://support.nitrado.net

by means of a clear declaration of your decision to revoke this contract. For this purpose you can use the attached sample revocation form, which is, however, not mandatory. For compliance with the revocation period it is sufficient to send the notification about the execution of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the most inexpensive standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification about your revocation of this contract. For this reimbursement, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; on no account will you be charged any fees because of this reimbursement.

If you requested the service to commence during the revocation period, you must pay us a reasonable amount, corresponding with the proportion of the total scope of the contractual services that was already provided until the time when you notified us about the execution of the right of revocation of this contract.

Sample revocation form

(If you wish to revoke the contract, please complete and return this form.)

- To [here, the entrepreneur fills in the name, address and, if applicable e-mail address of the entrepreneur]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication in paper form)
- Date ___________
- (*) Delete if not applicable.

12. Liability

12.1 NITRADO is liable without limitation for intent and gross negligence. In the case of simple negligence, NITRADO shall only be liable for damages resulting from injury to life, body, or health, or violation of an essential contractual obligation (an obligation which is fundamental to the proper execution of the contract, and which the contractual partner can, and may, regularly rely upon to be properly executed), as well as according to the product liability law.

12.2 In case of simple negligent violation of essential contractual obligations, the liability of NITRADO shall be limited to the amount of the foreseeable, typically occurring damage.

12.3 Otherwise the liability of NITRADO is excluded.

12.4 These liability limitations are also valid for the benefit of the legal representatives and vicarious agents of NITRADO.

13. Further provisions

13.1 Should individual provisions of these T & C be or become legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. Invalid provisions or loopholes shall be replaced by the respective legal provisions.

13.2 We are not obliged to participate in a dispute resolution procedure at a consumer arbitration board and we do not participate in such a procedure. NITRADO informs customers that the EU Commission has set up an internet platform ("ODR platform") in accordance with directive 2013/11/EU for the online settlement of disputes between entrepreneurs and consumers. This internet platform can be accessed via the following link: https://ec.europa.eu/consumers/odr

13.3 The German courts shall have jurisdiction for all disputes arising from, and in connection with, contracts concluded under these T & C. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the registered office of NITRADO shall be decisive for the place of jurisdiction for all disputes arising from, and in connection with, contracts concluded under inclusion of these T & C.

13.4 The contractual relationship is exclusively governed by the law of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is English.