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Marbis GmbH
hereinafter called "Monsterserver"
General Terms and Conditions

Last updated: 03/29/2012

Managing Directors: Marco Balle and Marcel Bößendörfer
I. General

I. Marbis GmbH, doing business as "Monsterserver," operates the Internet portal with the URL "nitrado.net." It is a platform where customers can rent game and voice servers and web space (as a whole "server services"). Customers can register for free on the Monsterserver website. To register, a username, e-mail address, and password are required. Customers have the option to upload funds into their customer account ("Account"), which will be denominated in Euros.

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

II Services

1. Monsterserver offers customers via its internet portal www.nitrado.net the opportunity to rent for a fee server services for a specified period of time. Early termination of the server services is possible upon customer request or by action of the service provider. If the customer terminates the contract early, Monsterserver is entitled to a processing fee equal to 50% of the fees for the remaining term of the contract.

2. Monsterserver shall at the customer's request procure and / or maintain domain names for the customer in his relationship with the organization managing internet domain names. Monsterserver 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 Monsterserver immediately.

b) If the customer has not yet uploaded content to a domain switched on his behalf by Monsterserver or maintained by Monsterserver itself, Monsterserver 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, Monsterserver 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 Monsterserver to make such use, the customer shall apply in writing for the immediate deletion of the domain.

3.The benefits provided by Monsterserver require registration as a customer. Registration itself is free. Monsterserver 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 Monsterserver. 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 Monsterserver 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 Monsterserver website are only an invitation to the customer to make an offer in return. A binding contract between the customer and Monsterserver is not made until Monsterserver accepts the customer's offer.

2. Payment for server services shall only be made via the account set up with Monsterserver. By establishing a customer account, the customer accepts the current price list for server service and authorizes Monsterserver to debit the fees from his account.

3. As consumers as defined by § 312d Sec 1 of the Civil Code, customers are not entitled to require an invoice be issued by Monsterserver. Monsterserver 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 Monsterserver server services. Monsterserver may at any time request written consent of the parent or guardian.

3. To comply with the requirements of protection of minors, Monsterserver 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. Monsterserver 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. Monsterserver has the right to dispute the status of the contract based on incorrect information.

5. Each customer can be blocked by Monsterserver if there is good cause. A good cause exists in particular for breaches of the terms and conditions. In the event Monsterserver blocks the customer's account, there will be no refund of fees already paid.

V. Establishment / Management of the Customer Account

1. Customers have an account with Monsterserver denominated in Euros. Funds can be uploaded to the account with one of the means offered by Monsterserver on its website.

2. Payments are accepted only in Euros. Payments in Euros will be credited to the customer's account on a 100% basis after deduction of any fees by the third-party payment service providers. Upon closing the customer account, all accrued and applied charges will be deducted from the current credit balance.

3. An overdraft of the customer's account is not possible. Deposited funds may be used only for the services offered by Monsterserver server services.

4. The customer account may be closed at the sole discretion of Monsterserver without giving any reasons if more than a year has passed since the last login of the customer or if the contract has expired.

5. Upon closing the customer account, the authorization to access server services automatically expires.

VI. Customer's Termination of His Account

1. The customer can at any time cancel his account at the end of the term of the server services booked by him.

2. Monsterserver can terminate the customer account without explanation within one month before the end of booked server services.

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. Monsterserver 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 Monsterserver to store data at any time without notice for any reason . If the customer's data should be permanently deleted, a message to Monsterserver 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. Upon deletion of data, the existing customer account will be deleted automatically.

3. The customer is hereby notified that Monsterserver 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.

VIII. Revocability

As a consumer as defined by § 312d, Sec. 1 of the German Civil Code, the customer retains the right to revoke his consent to this agreement in writing (e.g. letter, fax, e-mail, contact form) without giving reasons, provided the customer was acting in his commercial or freelancer role (orders by businesses). The period of revocability begins with receipt of a detailed instruction in text on the right of revocability. Timely sending of the revocation is required to maintain this right. The revocation must be sent to:

Marbis GmbH
Griesbachstr. 10
76185 Karlsruhe, Germany
Fax: 0049 800-100 3860

Consequences of Revocation

In the event of a cancellation, the mutually received services and benefits are to be returned. When the service or product is not returned in whole or in part, only in a deteriorated condition, Monsterserver must paid compensation for the lost value. Revocability lapses once Monsterserver has provided server services and set up the server for the client and made them available.

IX. Liability

1. Monsterserver 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 Monsterserver and for other damages based on intentional or grossly negligent breach of duty and fraud.

2. In addition, Monsterserver is legally liable for damages in the case of the provision of guarantees. Except in one of the aforementioned cases, Monsterserver 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, Monsterserver is not liable for ordinary negligence. Monsterserver shall not be liable for indirect or consequential damages.

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

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. Monsterserver 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

Monsterserver 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 Monsterserver 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. Monsterserver is obliged to inform the customers of the change together with the consequences of failure to make an objection. If the customer objects before the deadline, Monsterserver shall be entitled to end the contractual relationship with the customer and block his account according to Section VI, para. 2.

XI. Proscription

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

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

- Was not entitled to open an account with Monsterserver;

- 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 Monsterserver, or the general rules of conduct concerning rights and obligations towards others.

XII. Other Provisions

1. German law shall apply to these Terms and Conditions without exception. The jurisdiction for all claims under this contract and all the parties resulting disputes over the formation, handling or termination of the contractual relationship if the customer is a merchant or has no general jurisdiction in Germany shall be 76185 Karlsruhe, the seat of Marbis GmbH.

2. 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.