Customer Agreement

1. General Provisions

1.1. Basic terms and conditions

1.1.1. This Client Agreement ("Agreement") is a legal contract between you or the person you represent ("Client," "You," or "User") and VIRTUAL NETWORK LAB L.L.C-FZ and its affiliates ("Peerobyte," "We," or "Us").
1.1.2. This Agreement details how You are permitted to use the services offered by the Peerobyte platform and website, the primary URL of which is located at www.peerobyte.com, and related online services, including those provided by or in conjunction with Peerobyte and/or Our affiliates, software provided by Peerobyte for download or use, including mobile applications (referred to as "Apps") provided by Peerobyte directly or through Our affiliates, collectively referred to as the "Site".
1.1.3. This Agreement also applies to your use of all content on the Site, hereinafter referred to as "Materials." The Materials include text, data, software, graphics and proprietary content that we and/or our affiliates or companies provide to you, as well as any services we may provide through the Site.
1.1.4. The Materials, the Site and the services provided using them are collectively referred to as the "Services".
1.1.5. By using any Services or accessing any Materials provided by Peerobyte, You acknowledge that You have read this Agreement and accept its terms. This acceptance is a prerequisite to your use of Our Services and Materials.
1.1.6. If you do not agree to the terms of this Agreement, you may not use our Services or Materials.
1.1.7. By using the Services, you represent that you are of legal age under the laws of your jurisdiction and have the legal capacity to contract. This provision ensures that all users use the Services with the legal capacity to enter into binding agreements.
1.1.8. If you do not have the legal capacity to contract, whether because of age or any other reason, you are expressly prohibited from using the Services or providing information to Peerobyte or the Services.
1.1.9. For ease of navigation, this Agreement is organized into sections and subsections, each of which is titled in a manner that summarizes and approximates the nature of the aspects of the interactions between you, Peerobyte and third parties. However, it is important to recognize that the scope of the provisions cited may be broader than the headings and often extends beyond the topics specified in the heading, except as otherwise expressly stated in the text of the applicable provision.
1.1.10. If you have a separate signed contract with Peerobyte for specific services ("Contract"), that contract shall take precedence over this Agreement. In the event of any inconsistency between the two, the terms of the Contract shall prevail. This Agreement will apply in addition to the Contract where the Contract does not contain the specific provisions included in this Agreement.
1.1.11. This Agreement includes, as an integral part, the following documents: Privacy Policy, Europe Privacy Policy, US Privacy Policy, Acceptable Use Policy, No Spam Policy, Cookies Policy, Referral Agreement, Partner Agreement, Intellectual Property Policy, Service Level Agreement, as well as any separate Contracts that Peerobyte may enter into with you directly, and any Additional Terms that Peerobyte may provide through its online resources. The effective date of this Agreement supersedes and replaces any prior written or oral agreements.
1.1.12. Peerobyte's failure to exercise any right or enforce any provision of this Agreement shall not constitute a waiver by Peerobyte of such right or provision.
1.1.13. If any provision of this Agreement in any jurisdiction shall be held illegal, invalid or for any reason unenforceable, such provision shall be deemed severable from the Agreement in that jurisdiction and shall not affect the validity and enforceability of the remaining provisions and clauses for other jurisdictions.
1.1.14. For the purposes of this Agreement, Peerobyte is an independent contractor that does not seek to form a partnership, joint venture or enter into an agency relationship. Any forms of such cooperation are beyond the scope of this Agreement and require a separate contract signed by the parties.
1.1.15. This Agreement contains a provision for dispute resolution and arbitration, including class action waivers, that affects your rights, and depending on your jurisdiction, this section may not apply to you.
1.1.16. No section of this Agreement provides legal or professional advice on matters referred to in the body of this Agreement. You should independently secure professional legal advice to comply with all applicable laws and regulations applicable to your business.
1.1.17. From the time you begin using the Peerobyte Services and for two years after your use of the Services ends, you agree not to solicit, hire or contract, directly or indirectly, with any Peerobyte employees who worked here during the term of this agreement to work for you or an affiliated company.

1.2. Electronic communications

1.2.1. Communication between you and Peerobyte is accomplished through electronic means. Electronic means of communication herein means forms of digital communication including, but not limited to, notices through the Peerobyte Site and e-mail.
1.2.2. Electronic communications apply to communications between you and Peerobyte regardless of the manner in which you communicate - whether by visiting the Peerobyte Site, sending e-mail to Peerobyte, using the Services provided by Peerobyte, receiving notices on the Site or through e-mail from Peerobyte, all of these activities occur in an electronic format.
1.2.3. In order to communicate with Peerobyte in the performance of this Agreement and/or to receive the Services, you agree to:
(i) Receive communications from Peerobyte electronically.
(ii) All terms, agreements, notices, disclosures and other communications that Peerobyte transmits to you electronically satisfy any requirement of law that such communications would satisfy if made in writing on paper.
1.2.4. The rules for exchanging messages via electronic communications do not infringe on your legal rights.
1.2.5. If Peerobyte requires you to provide an e-mail address, it is your responsibility to provide Peerobyte with an up-to-date e-mail address.
1.2.6. In the event that you have provided Peerobyte with an e-mail address that is invalid or for any reason is unable to receive e-mails addressed to you from Peerobyte, the notices contained in such e-mails will nevertheless be deemed to have been properly delivered to you from Peerobyte.
1.2.7. Evidence of successful transmission of electronic communications must be retained.
1.2.8. With respect to all electronic communications, the Parties to this Agreement agree to the following:
(i) The information contained in an electronic message that identifies the sender is legally sufficient proof of the sender's identity and proof of the authenticity of the message.
(ii) An electronic communication sent by you and identifying you establishes you as the originator of the electronic communication and which will have the same effect as a document with your written signature on paper.
(iii) An e-mail message or printout thereof shall be considered a valid confirmation of the contents of the original message.

2. Terms of use and authorization

2.1. Modification of this Agreement

2.1.1. Peerobyte reserves the right to modify this Agreement at any time. Changes will be communicated through notices on the Site and/or notices via email and/or other legally permitted means.
2.1.2. The updated Agreement shall become effective upon publication unless otherwise provided by law.
2.1.3. Where required by law, we will seek your explicit consent to any updates or changes to the Agreement, providing details of how to accept or reject these changes.
2.1.4. If you do not agree to any updates or changes to the Agreement, your only option is to discontinue use of the Services and Materials.
2.1.5. If you continued to use the Services after the changes to the Agreement became effective, it means that you agree to the changes to the Agreement.

2.2. Assignment and transfer of rights and obligations

2.2.1. The rights and obligations arising under this Agreement may not be assigned by you to any third party. Any such attempted assignment or transfer will be null and void and unenforceable.
2.2.2. Peerobyte may assign its rights and obligations under this agreement without restriction.

3. Account

3.1. Account registration

3.1.1. The Site is available to all users, who will be referred to as "Visitors". However, the full range of services will only be available to those users who have successfully completed the registration process on the Site and have received a Site user account ("Account") from Peerobyte. Users who have a Peerobyte Site Account will be referred to as "Registered Users".
3.1.2. Registered Users receive a login (e-mail) and password that they can use to access the Services or modify their Content and data. Registered Users can choose which information about themselves to make publicly available or display.
3.1.3. By registering an Account, you acknowledge that:
(i) That you are not prohibited from using the Services in accordance with this Agreement.
(ii) That you are not prohibited from using the Services under the laws of the jurisdiction applicable to you.
(iii) That you are authorized to act on behalf of another person, group, organization or entity and have the necessary legal authority to bind the third parties you identified when you registered your Account to the terms of this Agreement if you are registering on their behalf.
3.1.4. By initiating the Account registration process, you agree to:
(i) Provide true, accurate, current and complete information about yourself or third parties you represent as prompted by the Site's registration form ("Registration Data");
(ii) Maintain and update Registration Data in a timely manner to keep it true, accurate, current and complete.
(iii) Ensure that you receive all notices and communications from Peerobyte sent to the e-mail address you provide and/ or through the notification system on the Site.
(iv) Do not create an Account using false identity or information.
(v) Not have more than one account at any given time.
(vi) Not register an Account on behalf of an individual other than You or register an Account on behalf of any group or organization unless You are authorized to bind such individual, group, organization or entity to this Agreement.
(vii) Do not create an Account or use the Services if you have been previously deleted by Peerobyte, or if you have been previously banned from using any of Peerobyte's properties.
(viii) Notify Us immediately of any unauthorized use of Your Account or any other breach of security that You know or reasonably suspect at [email protected].

3.2. Responsibilities of the Registered User

3.2.1. The Registered User is responsible for:
(i) Maintaining the confidentiality of your Account password.
(ii) Ensuring that no Peerobyte domains, including peerobyte.com, are placed on the spam blocking list used by you or your email provider.
(iii) Performing all necessary tasks related to setting up and managing security for your site(s) and all domains, web pages or IP addresses that you host using the Services.
(iv) Performing all necessary tasks related to security configuration and management to protect your content and data, including your customers' and/or end users' data, hosted using the Services.
(v) Manage security updates and patches, any installed application software or utilities, any files accessed through your site(s), and the configuration of any security utilities provided by Peerobyte.
(vi) Any action and/or damage caused to Peerobyte and/or third parties by you, using your Accounts and/or under your Account.
3.2.2. If you have registered an Account on behalf of another person, group, organization or entity, this extends your agreement to the terms of this Agreement and to all actions taken by the third parties on whose behalf you have registered an Account, obligating them to ensure full compliance with the provisions set forth in this Agreement.
3.2.3. If you are acting on behalf of another person, group, organization or entity and it is determined that you did not have the necessary legal authority to bind the third parties you identified when you registered your Account, you assume full personal responsibility for any actions you take and the consequences thereof.

3.3. Peerobyte's rights

3.3.1. Peerobyte may establish procedures to verify Account Registration Data and to verify the admissibility and accuracy of Account Registration Data and/or any information you provide at any time.
3.3.2. Peerobyte may terminate your Account at any time for the following reasons:
(i) Providing false, inaccurate, outdated or incomplete information in the Accounts, or if Peerobyte has reason to suspect that such information is untrue.
(ii) Violation of the terms of this Agreement or violation of the requirements of other documents referenced in this Agreement that are binding on Our Clients.
(iii) Refusal or disregard by Registered User to comply with or ignore requests by Registered User to change Account password or Account username.
3.3.3. Peerobyte has the right to require you to change your Account password at any time if it deems the password to be insecure or unsuitable.
3.3.4. Peerobyte has the right to request a change of Account username at any time if:
(i) Finds it unacceptable or inappropriate for any reason.
(ii) There have been claims by third parties that the username infringes their rights.

3.4. Termination of Account

3.4.1. You may close Your Account by using the functionality provided in Your Account's personal profile on Peerobyte.com or, alternatively, by emailing Us at [email protected].письмо with a message to that effect.
3.4.2. Once you have performed actions in your personal account that are clearly intended to close your Account or We have received a letter requesting to close your Account from your e-mail address that was used to register your Account, We will proceed to close your Account and send you a confirmation of Account closure by e-mail.

4. Services and subscriptions

4.1. Subscription

4.1.1. Upon successful completion of the Account registration process, you will have access to the Services provided by Peerobyte.
4.1.2. To access a particular Service, you must select the appropriate service plan under which it is offered, thereby "Subscribing" to the Service you are interested in.
4.1.3. Based on the Subscription parameters you select, the Subscription term is determined, which is the period during which the Subscription remains active until renewal is required. This period, including the initial term and all subsequent renewal periods, is referred to as the "Subscription Term".
4.1.4. The Subscription to the Services will become effective upon Peerobyte's review and approval and upon Peerobyte's receipt of payment for the Subscription or equivalent proof of payment. Peerobyte will charge You for the Subscription in the manner You have selected or agreed to with Peerobyte.
4.1.5. The total cost of the Subscription may include taxes and other mandatory fees, which may vary depending on the payment method you choose and the jurisdiction in which you are subject.
4.1.6. Peerobyte reserves the right, in its sole discretion, to deny approval for your Subscription or access to any Services as it deems necessary and/or reasonable.
4.1.7. You have the option to subscribe to additional Services at any time, provided that you follow the terms and requirements of this Agreement, including the payment terms for Subscription.
4.1.8. Some functionality on the Services may come with its own terms of use ("Additional Terms"), which will be presented to you when you choose to use that functionality. By using this functionality, you agree to be bound by the Additional Terms, which will take precedence over this Agreement in the event of a conflict.

4.2. License for access to the Services

4.2.1. Access to the Services provided by Peerobyte is not on a proprietary basis, but rather through a limited license granted to you under the terms of this Agreement with Peerobyte (the "License").
4.2.2. The license is non-exclusive, non-sublicensable, non-transferable and revocable by Peerobyte.
4.2.3. The License restricts the use of the Services and any related applications or client software to your personal or internal business purposes only.
4.2.4. Peerobyte reserves the right to suspend access to the Services to perform both scheduled and unscheduled maintenance.

4.3. Restrictions on the use of the Services

The Peerobyte Services are protected by copyright laws worldwide and the following restrictions apply to their use:
(i) Reproduction, modification, creation of derivative works, distribution, licensing, rental, sale, resale, transmission, public display, public performance, broadcast, streaming, broadcast or any other form of use of the Services without the express permission of Peerobyte is not permitted.
(ii) Removal of any copyright, trademark or other proprietary notices from any part of the Services is strictly prohibited.
(iii) Decompilation, disassembly or any reverse engineering of the Services is only permitted in accordance with applicable law.
(iv) Linking, mirroring or framing to any part of the Services requires the express permission of Peerobyte.
(v) Running programs or scripts designed to search, index, research or mine data in any segment of the Services, as well as actions that significantly degrade the operation or functionality of the Services, is prohibited.
(vi) Unauthorized attempts to access the Services or related systems or networks are strictly prohibited.

4.4. Automatic subscription renewal

4.4.1. To ensure continuity of access to the Services, Peerobyte provides automatic renewal of the Subscription.
4.4.2. The Subscription will automatically renew upon expiration of the current Subscription, unless termination of the Subscription is initiated by either party.
4.4.3. The renewal terms of the Subscription, including the Subscription Term, are the same as the previous terms, except for any changes agreed upon between you and Peerobyte and unilateral changes to the terms of the Subscription by Peerobyte.
4.4.4. It is your responsibility to remain informed of any adjustments to Peerobyte's rate structure or plans, especially if there are plans to change or renew your Subscription.
4.4.5. The Subscription renewal fee will be charged at the end of the paid subscription period. Peerobyte will charge you for the Subscription in the manner you have agreed to with Peerobyte.
4.4.6. The total cost of renewing your Subscription may include taxes and other fees, which may depend on the payment method you choose and your jurisdiction.

4.5. Changes to Services and Subscriptions

4.5.1. Peerobyte reserves the right to make changes to the Subscription Terms and any other aspect of the Services, including adjusting the Subscription Fee.
4.5.2. Changes to your Subscription Terms and the Terms of Service will be effective for you from the end of your Subscription Period.
4.5.3. If you do not agree with any changes to the terms and conditions of your Subscription or Services, then disabling automatic renewal of your Subscription and discontinuing use of the Service affected by the change in terms unacceptable to you at the end of your Subscription Period is your sole remedy.
4.5.4. If, after changes to the Subscription or Service terms have been made, you do not cancel the automatic renewal of your Subscription or cancel your use of the Service, your Subscription will be renewed on the new terms, which will signify your acceptance of the new Subscription or Service terms.
4.5.5. Peerobyte is not responsible for any changes to the Subscription terms and conditions or any termination of your use of the Services due to changes in the Subscription terms and conditions or the Service terms that are unacceptable to you.
4.5.6. In the event there is a change in the Subscription Fee, Peerobyte agrees to notify you in advance of the upcoming changes.
4.5.7. If You object to a change in the Subscription Fee and inform Us in due course, We will not automatically renew your Subscription, even if You have previously opted for automatic renewal.
4.5.8. If You do not cancel Your Subscription, inform Us of Your decision to cancel Your Subscription or deactivate the auto-renewal option within the specified time period after receipt of the change of terms notice, Your Subscription will renew automatically at the new price set out in the notice.
4.5.9. Peerobyte does not provide price protection mechanisms or refund options in the event of promotions or price reductions for Subscriptions.
4.5.10. Peerobyte reserves the right to cancel any maintenance (subscription) plan or discontinue any Service. Cancellations will be effective for you after the end of the current term of your Subscription.
4.5.11. If you cancel your Service plan or terminate the Service under your current Subscription, you will not be automatically transferred to another Service plan, another Subscription, or another Service. Any changes in this case will be made at your request and may include changing your payment amount or requiring you to re-select your Service plan and Service.

5. Termination of subscription

5.1. Termination of subscription due to

5.1.1. Peerobyte may terminate Your Subscription if there is a reason sufficient from Our point of view, in particular it may be a breach of a requirement of this Agreement or a breach of the requirements of other documents referred to in this Agreement which are binding on Our customers.
5.1.2. In the event Peerobyte terminates the Agreement with cause, all prepaid fees will be forfeited and non-refundable.
5.1.3. If Peerobyte terminates your Subscription pursuant to any of the terms and conditions set forth in this Agreement other than "Termination Without Cause," Peerobyte will not refund to you any fees paid or prepaid prior to such cancellation, and you must pay all fees and charges accrued prior to the effective date of such cancellation
5.1.4. In addition to the right Peerobyte to terminate your Subscription provided elsewhere in this Agreement, Peerobyte may immediately terminate your Subscription if, in Peerobyte's sole judgment, it determines that you or any of your end users:
(i) Violated the Acceptable Use Policy or the Anti-Spam Policy.
(ii) Violated a third party's right to protect intellectual property or right of privacy or publicity.
(iii) Failed to comply with the requirements of any applicable law, statute or regulation.
(iv) Uploaded, published or distributed any images, text, graphics, code or video that Peerobyte deems illegal or high-risk, in its sole discretion.
(v) Breach of this Agreement.

5.2. Termination of subscription without cause

5.2.1. Peerobyte may terminate your Subscription in its sole discretion at any time without cause ("Termination Without Cause").
5.2.2. In the event of Termination without Cause, Peerobyte will provide you with thirty (30) days written notice prior to termination of the Services.
5.2.3. Termination of your Subscription does not relieve you of your obligation to pay any fees accrued or payable to Peerobyte prior to the date of termination of your Subscription.
5.2.4. If Peerobyte exercises its right to Terminate without Cause access to the Services, Peerobyte will refund your previously paid and unused access fees for the Services to which your subscription is Terminated without Cause.

5.3. Termination at the initiative of the Client

5.3.1. You may cancel an existing Subscription to a Service, which will result in termination of access to that Service upon expiration of the Subscription Term and will cancel the automatic renewal of the Subscription for a new period.
5.3.2. Subscription fees are non-refundable if canceled by you, and you are not entitled to a pro-rata refund of fees for your unused Subscription Term.

5.4. Consequences of Termination of Subscription

5.4.1. Termination of your subscription will terminate your access to the Service and your license to the Materials associated with the Service.
5.4.2. Peerobyte shall not be liable to you or any third party for any discontinuance of the Services permitted by these Terms, including the removal of Content.
5.4.3. If either party cancels or terminates your Subscription for any reason, you are solely responsible for taking all necessary steps to ensure that the service provider is replaced and that all electronic data, graphics, images, pictures, video, text and any other content is moved to the new service provider in a timely manner.
5.4.4. Upon termination of your Subscription, Peerobyte reserves the right to retain copies of your data files and records for archival purposes, but assumes no obligation to do so.
5.4.5. Peerobyte reserves the right to charge early termination fees for any Services terminated prior to the last day of the billing cycle.
5.4.6. All provisions of this Agreement that by their nature should survive termination shall survive termination of the Service, including, but not limited to, ownership provisions, warranty disclaimers and limitation of liability.

6. Payments

6.1. Method of payment

6.1.1. When you purchase Services from Peerobyte, whether a one-time purchase or Services under a Subscription model, you must select a payment method and then make a payment (the "Payment").
6.1.2. By specifying a Payment Method, you expressly authorize Peerobyte to charge the Fee in the manner specified.
6.1.3. Depending on the service you select, Fees are charged in a lump sum or on a Subscription basis, at regular intervals.

6.2. Autopayment

6.2.1. By paying for the Services under the Subscription model, you agree to make Periodic Payments in accordance with the selected payment model for your Subscription, without time limit, until waived by either Party.
6.2.2. Services are billed automatically and may be billed in advance unless otherwise noted.
6.2.3. The Subscription renewal terms are the same as the previous terms, except for any changes agreed upon between you and Peerobyte and unilateral changes to the Subscription terms by Peerobyte.

6.3. Payment processing

6.3.1. By making a Payment, you agree that Peerobyte may use third party payment providers to manage billing and payment processing.
6.3.2. Such third party may impose additional terms and conditions governing payment processing to which you agree when you select the applicable payment method.
6.3.3. The Fee may include commissions, fees and other charges depending on the payment method you choose.
6.3.4. The Fee may include taxes, including those depending on your jurisdiction, arising from your use of the Services.
6.3.5. The Fee may include additional charges that you agree to pay, including collection costs, past due amounts on payments and interest on payments.
6.3.6. Peerobyte is not responsible for any bank charges that, in connection with your payment for the Services, may be imposed by the financial institution you use, including, but not limited to, insufficient funds, check card, automatic payment services.

6.4. Limit overruns

6.4.1. Our Subscriptions may have resource limits and other usage restrictions.
6.4.2. Peerobyte tracks the amount of resource utilization and other constraints based on the type of service.
6.4.3. By using the Peerobyte Services, You understand that We periodically review Your use of the Services, and You agree that.
6.4.4. If We find during Our review that Your resource usage exceeds the current purchased limits and/or is outside the limits, We reserve the right to bill You for the additional usage and/or require You to upgrade to a higher usage plan and/or suspend Your resources as deemed necessary by Us.
6.4.5. In the event that purchased resource consumption limits are exceeded, We may contact You to discuss Your current pricing plan, Subscription options, options and other options available to You to ensure that sufficient resource limits are purchased.

6.5. Overdue payments

6.5.1. You shall monitor the timeliness of payments received for the Services.
6.5.2. If you do not pay all Charges by the due date, your account will be considered delinquent.
6.5.3. In the event of late payment, Peerobyte reserves the right to charge you interest at the rate of one and one-half percent (1.5%) or the highest rate permitted by applicable law in your jurisdiction, whichever is lower, per month on the unpaid amount until paid.
6.5.4. If Peerobyte receives an underpayment of the Fee due to taxes, bank charges, transfer fees or the like, Peerobyte will invoice you for the difference between the payment received and the Fee due.
6.5.5. You also agree to pay all attorney's fees, charges and other expenses arising from Peerobyte's efforts to collect any delinquent fees.
6.5.6. If you fail to pay on time or if Peerobyte is unable to debit using your chosen payment method for any reason, Peerobyte reserves the right to suspend or terminate: your Subscription, your access to the Services, access to your Account.

6.6. Compensation and reimbursement

6.6.1. All installation fees and special program fees are non-refundable.
6.6.2. If you cancel any Service prior to the expiration of the Subscription Term, you understand and agree that Peerobyte may, in its sole discretion, not refund any funds to you, including but not limited to remaining prepaid fees, setup fees and/or special program fees.
6.6.3. Any refunds that Peerobyte deems appropriate will be paid solely by the method originally used by you to make the Payments that are intended to be refunded.

6.7. Discounts and coupons

6.7.1. Peerobyte may offer coupons, promo codes or other mechanisms to attract customer interest in the Services that can be used when subscribing to the Services from Us.
6.7.2. Coupons, promo codes and other discount mechanisms have a target audience and are only for them.
6.7.3. If We determine that an Account is making unauthorized use of coupons, promo codes, or other discount mechanisms, We reserve the right to suspend the Services to such Account and/ or disregard any discounts when pricing the Subscription.

7. User-generated content

7.1. Content availability

7.1.1. You authorize others to use the User Content that you Make available through the Peerobyte Services.
7.1.2. You may remove or request the removal of your User Content at any time, unless you have shared such User Content with others and they have not removed it, or it has been copied or saved by other Users.
7.1.3. Any User Content you Make available and make publicly available is posted by you at your own risk, is not confidential and may be lost.
7.1.4. Information, statements, data and content (such as photographs) that you may provide to Peerobyte, or groups you choose to join, may reveal your gender, ethnicity, nationality, age and/or other personal information about you. You acknowledge that the submission of any User Content is voluntary on your part.

7.2. Responsibility for content

7.2.1. You are responsible for any data and information, including text, opinions, messages, comments, audiovisual works, motion pictures, photographs, animations, videos, graphics, sounds, music, software, applications, and any other content or materials, that you or third parties that you enable, provide, upload, post, store, or otherwise make available ("Make Available") using Services at Peerobyte (collectively, "Your Content," "Content," or "User Content").
7.2.2. You may not Make available through the Peerobyte Services any material protected by copyright, trademark or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party.
7.2.3. The burden is on you to determine whether any material is copyrighted or otherwise protected.
7.2.4. You are solely responsible for any damages resulting from copyright infringement, trademark infringement, proprietary rights, breach of contract, breach of privacy or publicity rights, or any other damages resulting from User Content that you, or third parties you allow, make available using the Peerobyte Services.
7.2.5. As between you and Peerobyte, you are the owner of your User Content and are solely and completely responsible for all User Content that you or third parties you allow to make available using the Peerobyte Services, being responsible for its legality, reliability and appropriateness during your use of the Services.
7.2.6. You are responsible for restricting the availability of User Content in jurisdictions where it may be found to be non-compliant with legal requirements or deemed inappropriate.
7.2.7. Peerobyte has no obligation to monitor or review your User Content.
7.2.8. You acknowledge and expressly agree that Peerobyte shall not be liable to you or any of your end users for any action taken by Peerobyte to remove or restrict access to the Services in connection with an alleged violation of the Acceptable Use Policy or in exercise of its Good Samaritan rights under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or pursuant to the DMCA.

7.3. Peerobyte's rights to content and operations with content

7.3.1. You hereby grant to Peerobyte a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense on multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works of, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or method of distribution, now or hereafter known, known or otherwise
7.3.2. Peerobyte, in its sole discretion, may monitor User Content and its network and may disclose any content or records relating to Your account as necessary to satisfy any law, regulation, governmental request, any other legal requirement or for the proper functioning of Our network and the protection of any of Our customers.
7.3.3. Peerobyte may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media.
7.3.4. The processing of personal information included in your User Content at Peerobyte is subject to the following provisions:
(i) Privacy Policy - applies under standard conditions.
(ii) Europe Privacy Policy - applies if you are located within the jurisdiction of the European Economic Area (EEA), the United Kingdom or Switzerland.
(iii) US Privacy Policy - applicable if your location falls under the jurisdiction of the United States.

7.4. Inadmissibility of child pornography

7.4.1. Content that is or could be perceived as child pornography is prohibited from being posted using the Peerobyte Services and will be immediately removed from public access upon notification to Us or discovery of such content by Us.
7.4.2. Peerobyte reserves the right to immediately and without notice terminate any Account that hosts child pornography linked to Peerobyte's website(s). If such Account is owned by a Peerobyte reseller, such Account will be suspended and the reseller will be instructed to terminate the Account responsible for hosting child pornography within its platform.
7.4.3. Content or messages intended to solicit, entice or engage minors in sexual activity or lewd behavior are prohibited and will be treated in the same manner as child pornography, in accordance with applicable law.
7.4.4. You agree to cooperate with Peerobyte in the fight against child pornography and to assist in any activities related to that fight, including investigating, disabling or removing such Content originating from your end users.
7.4.5. Peerobyte will cooperate with law enforcement authorities in the appropriate jurisdiction and will notify them if it is suspected that you or any of your subsequent customers or end users are engaging in any illegal activity.
7.4.6. In accordance with the reporting requirements set forth in 18 U.S.C. § 2258A, we will report to CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C. §§ 2251, 2251A, 2251A, 2252, 2252A, 2252B, 2260, or 1466A.
7.4.7. If you have information that child pornography or equivalent material appears on sites hosted on Peerobyte, We ask that you notify Us by sending an email to Us at: [email protected]. In the message, include the file name and/or URL (or other location on the client site), if possible, include the victim, date of birth, date of creation, and any other information about the suspicious image(s) that would be of interest to law enforcement and other competent authorities. Please do not send suspicious images to us. Alternatively, you can use CyberTipline to report suspected child pornography. Reports of non-Peerobyte sites should be directed to law enforcement or a cooperating child pornography organization, such as: https://www.asacp.org/index.php?content=report.

7.5. Restrict access of minors to content that is inappropriate for them

7.5.1. You acknowledge your responsibility to prevent minors in your care from accessing material on your site and services that is harmful or inappropriate for them.
7.5.2. You agree not to allow minors to view such material that may harm them and take responsible steps to prevent their access.
7.5.3. If your computer can be accessed by minors, you agree to prevent minors from viewing material that may harm them by taking all steps necessary to do so.
7.5.4. If you are the parent or guardian of a minor child, you agree that it is your responsibility and not Our responsibility to ensure that any age-restricted content on our Site is not displayed or accessible to your children or minors in your care.
7.5.5. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You may utilize specific tools and services to restrict minors' access to harmful or inappropriate material, information about which can be found at www.asacp.org or similar sites. However, We make no representations or warranties with respect to any products or services listed on such sites and recommend that you exercise due diligence before using such tools to restrict access to content.

7.6. Inappropriate content

7.6.1. Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, you acknowledge and understand that Peerobyte operates as a provider of interactive computer services. As such, We are protected from, and cannot be held liable for, claims arising from the publication of your User Content, including third party content published on your website(s).
7.6.2. We do not create content, and We are not responsible for the publication of comments or communications by you or third parties that may be subject to federal or state laws, including, but not limited to, the publication of material that may be deemed defamatory, or in violation of privacy or publicity rights.
7.6.3. Please note that U.S. federal law allows Peerobyte to remove any content found to be offensive, defamatory, obscene or otherwise in violation of our policies without prejudice to our immunity status as an interactive computer service.
7.6.4. Nothing contained in this section is intended to limit or modify the immunity from suit provided by Section 230 of the United States Communications Decency Act.
7.6.5. In the event that any court finds that any third-party communication or third-party content posted by us is not subject to immunity under the U.S. Communications Decency Act, this will not be deemed a waiver of any legal protection provided by Section 230 for any other content posted on our Site or posted using our Services.

7.7. Inadmissibility of abuse

7.7.1. All Services provided by Peerobyte must be used solely for lawful purposes.
7.7.2. Peerobyte will investigate complaints of violations of third party rights or Acceptable Use Policy.
7.7.3. Peerobyte will cooperate with those who fight abuse on the Internet and reserves the right to set up "filters" and/or use other mechanisms for this purpose.
7.7.4. Peerobyte cooperates with law enforcement authorities and reserves the right to notify such authorities if it suspects that you or any of your end users are engaging in illegal activity.
7.7.5. Nothing contained in this section or elsewhere in this Agreement is intended to confer any rights on any third party, and no third party shall have the right to enforce any of the terms of this Agreement, between us, the parties.
7.7.6. We respect the intellectual property rights of all parties and have adopted policies regarding the termination of repeat copyright infringers under the DMCA.

7.8. Requirements for service providers

7.8.1. If You use Our Services for any website, subdomain, page or business model that allows Your end users or customers to control or post content using Our Services allocated to You by Us, You will be considered a "Service Provider" with respect to such services and/or customers. Service Providers include, but are not limited to, customers who:
(i) Resell bandwidth to third parties as a host.
(ii) Manage user-generated content sites such as forums, "tube" sites, review sites, and classifieds sites on the Internet.
(iii) Manage search engines.
(iv) Manage peer-to-peer file sharing networks.
7.8.2. Customers acting as a Service Provider for third-party users must comply with the following provisions:
(i) You must notify Us of all domains, web pages or IP addresses for which You act as a service provider.
(ii) You must comply with 17 U.S.C. §512 of the DMCA by properly designating an agent to receive notices of copyright infringement, and you must post on the home page of any website for which you are a service provider a link to the DMCA's copyright notification and waiver policy, identifying the website's designated agent and relevant contact information.
(iii) "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1) require that any DMCA notices relating to alleged infringement by a customer of a Peerobyte service provider be sent directly to the DMCA agent designated by such customer.
(iv) You must provide us with an up-to-date link to your DMCA notice and waiver policy and notify us of any changes to your designated agent's contact information. This is an ongoing obligation for as long as you use our Services.
7.8.3. It is Peerobyte's policy to provide any notices of infringement it receives with respect to Service Provider subscribers directly to the subscriber's designated DMCA Agent, and to further notify any copyright claimants of the identity and contact information of such Agent. Failure to comply with this section will constitute a material breach of this Agreement.
7.8.4. In accordance with our DMCA policy and the obligations set forth above, you understand, agree and expressly authorize us to access and subsequently disable public access to any files or data residing on a server, disk, partition or other data space under your control if:
(i) Such files or data were specified in a DMCA notice substantially complying with 17 U.S.C. § 512.
(ii) We have become aware of facts or circumstances indicating that such files or data infringe the copyrights or other intellectual property rights of third parties.
7.8.5. Given that Our customers may use different file protection methods in conjunction with Our Services, and in an effort to avoid significant disruption to Our customers' Services, You agree to provide Us with a preferred procedure for disabling access to the materials identified in this provision.
7.8.6. If We send You a substantially compliant DMCA notice that relates to content under Your control, You are required under these Terms to immediately disable or remove access to such content.
7.8.7. Notwithstanding the foregoing, we reserve the right to disable or remove access to such content in our sole discretion and without claim of damage or harm on your part.
7.8.8. While We will attempt to simply disable access to such content without removing it entirely, or suspend all services to your account, We make no warranties as to harm or damage to the content and reserve the right to take any action necessary to disable access to identified material, including suspending or terminating services. Therefore, it is in your best interest to promptly respond to any DMCA notices you may receive.
7.8.9. If You or users of Your Site believe that such DMCA Notice was sent in error or inappropriately, You must follow the counter-notification procedures set forth in Our Intellectual Property Policy and wait the required period of time before We allow public access to the content to resume.

7.9. Feedback and feedback

7.9.1. By providing ratings, suggestions for improvement, or new ideas for the Peerobyte Services through the submission of messages, comments, questions, or any other material by any available means, including letter, email, or call ("Feedback"), you agree that such Feedback shall be deemed non-confidential and non-proprietary to you.
7.9.2. By providing Feedback, you irrevocably assign to Peerobyte all right, title and interest in and to the information contained in the Feedback, including all intellectual property rights, without any obligation to pay compensation.
7.9.3. You agree that Peerobyte is granted an unrestricted right to use, develop, license, market and sell products or services incorporating the information you submit in the Feedback in any manner Peerobyte deems appropriate.
7.9.4. Peerobyte has no obligation to embed, display, reproduce or distribute any information provided in Feedback or incorporate it into the Services, and you have no right to request such use or incorporation.

7.10. Peerobyte Forums

7.10.1. Peerobyte may offer various forums where you can post your observations and comments on certain topics.
7.10.2. Peerobyte is not responsible for user posts and user misuse of any content or information posted in the Peerobyte forums.
7.10.3. The ideas and information you share on Peerobyte Forems may be used by others. If you have an idea or information that you would like to keep private and/or do not want others to use, or that is subject to third party rights that may be infringed by its dissemination, do not post it on Peerobyte Forums.

8. Intellectual property rights

8.1. Peerobyte Branded Assets and Services

8.1.1. The Services and all related proprietary and intellectual property rights, including the functionality and design of the Site, are owned by and will continue to be owned by Peerobyte or its licensors.
8.1.2. Your acceptance of these Terms and your use of the Services does not grant you any rights other than the limited license to use the Services as set forth in this Agreement below.
8.1.3. In particular, you do not obtain any rights to use the trade name, logos, product and Service names, trademarks or service marks of Peerobyte or its licensors. This Agreement does not imply any license not expressly stated.
8.1.4. Violation of any terms will result in immediate termination of your license, which requires you to stop using the Services and to remove or dispose of any downloaded or printed Materials.

8.2. Peerobyte materials

8.2.1. As part of providing the Services, Peerobyte may provide you with various Materials, including off-the-shelf software, source code, data, documentation, and domain names, e-mail addresses, other network addresses, and technical and procedural functionality and solutions developed or provided by Peerobyte or its suppliers.
8.2.2. It is agreed between you and Peerobyte that all right, title, and interest in and to the Materials provided to you by Peerobyte, including but not limited to copyrights, trade secrets, patents, trademarks, and other intellectual property rights, are owned by or legally possessed by Peerobyte under appropriate licenses.
8.2.3. Peerobyte grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials solely for purposes related to obtaining the Services, subject to the terms of this Agreement. This license shall terminate automatically upon termination or expiration of this Agreement.
8.2.4. You agree not to download, transmit, reproduce, distribute, or otherwise exploit the Materials without obtaining prior written consent from Peerobyte.
8.2.5. Any use of the Materials beyond the terms of this Agreement is unauthorized and strictly prohibited.
8.2.6. If you require the assistance of an attorney or other professional to collect liquidated damages, other monetary damages, obtain injunctive relief against you, or if you need to file a complaint with ICANN to transfer an infringing URL, you agree to pay all related costs, including, but not limited to, legal fees, travel expenses, costs and other expenses, even if in excess of the agreed upon damages. You recognize that even a nominal amount of damages may require significant expense and agree to pay all such fees and expenses.

8.3. International regulation and export control

8.3.1. You understand and agree that the software, data and other Materials provided as part of the Services may be subject to the laws and regulations of various governmental authorities around the world, including, but not limited to, the Department of Commerce and the U.S. government, as well as similar authorities in other countries that may impose restrictions on the export, diversion or use of certain software and technology to individual countries or persons.
8.3.2. You agree not to export, transfer, use or provide access to the software, data and other Materials provided to you to any person or country in violation of applicable laws and regulations of the United States or any other applicable international treaties or national laws.
8.3.3. You are solely responsible for complying with all applicable export control laws and regulations and for obtaining the necessary licenses to export, ship, use or access the software, data and other Materials.
8.3.4. You also agree to take into account and comply with local laws and regulatory requirements in the countries where you use the Services, including laws relating to the import, export, transfer and use of technology.

8.4. State's rights

8.4.1. The software, data and other Materials provided as part of the Services have been developed with private funds and are classified as "commercial computer software" or "restricted computer software" under the Federal Acquisition Regulations (FARs), Department of Defense Acquisition Regulations (DFARs), the European Union's E-Purchase Directive and any other similar regulations relating to government acquisition of computer software.
8.4.2. Nothing herein shall be construed as:
(i) Granting to any public body a license or other rights superior to those provided by law or regulation for commercial computer software developed entirely with private funds.
(ii) Limiting any rights of the States to any extensions or specialized solutions provided under this Agreement and developed at public expense.

9. Third Party Services and Sites

9.1. Third Party Services

9.1.1. As part of providing the Services, Peerobyte may integrate, offer or make available to you products, software, components, technologies and services owned by third parties ("Third Party Services"). Peerobyte may facilitate your access to these Third Party Services.
9.1.2. By using the Third Party Services, you understand and agree to the following:
(i) You assume full responsibility for complying with the terms and conditions associated with your use of any Third Party Services, including the terms of purchase or license thereof (collectively, the "Third Party Service Terms"), and are solely responsible for obtaining and maintaining any Third Party Service at your own expense, regardless of any assistance or information provided by Peerobyte.
(ii) No Third Party Service shall be deemed to be a Service provided by Peerobyte, and any Third Party Service Terms are in addition to this Agreement.
(iii) You agree to pay, on your own, all fees charged by the provider of any Third Party Service in accordance with the Third Party Service Terms applicable thereto, and you acknowledge that the Third Party Service Terms governing such fees, including price adjustments, are not under the control of Peerobyte, even if payment is made through the Services or Site functionality.
(iv) All Third Party Services are provided "as is" without warranty of any kind from Peerobyte , which shall not be liable for any claim, loss, damage or liability arising out of the use of the Third Party Services, regardless of any assistance or information provided by Peerobyte.
(v) You, and not Peerobyte, are solely responsible for your compliance with the Third Party Service Terms.
(vi) Peerobyte has the right to require you to share or report information about your User Content or use of the Services or Third Party Services with any provider of a Third Party Service if Peerobyte is required to do so under the terms of the contract with the provider of the Third Party Service.
(vii) Satisfy Peerobyte's requests to provide reports to the providers of Third Party Services or to satisfy their demands. However, Peerobyte is not obligated to monitor compliance with the Third Party Service Terms.
9.1.3. If the provider of a Third Party Service determines that you do not meet the requirements of the Third Party Service Terms applicable to such Third Party Services, Peerobyte reserves the right to immediately suspend or terminate your Services, your access to any Third Party Service, or your Account, without notice.

9.2. Third Party Sites and Links

9.2.1. As part of providing the Services, Peerobyte may encourage you to consider using the Services or materials on third party websites ("Third Party Site").
9.2.2. By using the Third Party Sites, you understand and agree to the following:
(i) Third Party Sites may follow different privacy and security policies, adopt different terms of use, and implement separate user guidelines and other regulations (collectively, "Third Party Site Terms"), which may differ materially from Peerobyte's policies and practices.
(ii) You agree to abide by the Terms and Conditions of the Third Party Sites .
(iii) Peerobyte is not responsible for any claims, losses, damages or liability related to your interactions with Third Party Sites.
(iv) Each Third Party Site is provided to Peerobyte "as is," without warranty of any kind by Peerobyte.
(v) Peerobyte is not responsible for and does not review Third Party Sites, including for the truthfulness, accuracy, quality or completeness of the content, services, links, functionality and any other activities conducted on or through the Third Party Sites.
(vi) Peerobyte is not responsible under any circumstances for any goods, services, information, resources and/or content available on or through the Third Party Sites, or for any damage, loss or injury caused by your use of the Third Party Site or reliance on its content or content available through it, or the business practices of the Third Party Site.
9.2.3. Any references in the Services to third party websites, products, services, publications, institutions, organizations of any third parties or organizations do not constitute or imply an endorsement or recommendation by Peerobyte.

10. Additional provisions for services

10.1. Backup and data loss

10.1.1. You agree that your use of the Peerobyte Services is at your own risk and that Peerobyte is not responsible for any loss of data in connection with your use of the Services. You are solely responsible for making backup copies of your User Content.
10.1.2. If, in the course of Our scheduled maintenance, We create a backup copy of Your Content that You later ask Us to restore to Your account, We cannot guarantee that We will be able to do so or that Your User Content will not be affected by the initial data loss or subsequent restoration procedure.
10.1.3. We strongly recommend that you develop your own backup procedure and periodically check the recovery of files from backup media to ensure that you are creating reliable backups.
10.1.4. If You would like Peerobyte to provide You with backup services in addition to the Services provided under these Terms, please contact Us. We offer many different backup solutions as an additional service to Our regular Services, and all such services are provided pursuant to a separate written agreement.

10.2. Resource Utilization

10.2.1. Peerobyte reserves the right to suspend the Services or disable Accounts if an Account is excessively consuming system resources. Peerobyte will notify you to temporarily block any Account that consumes an excessive amount of system resources, up to and including a reduction in overall system performance.

10.3. Safety

10.3.1. Any breach of the security of the Services is prohibited and may result in criminal and civil liability.
10.3.2. Unauthorized access to the servers used to provide the Site, Services and/or Materials ("Servers") is strictly prohibited and is a violation of these Terms and Acceptable Use Policy. You agree not to engage in such activity or attempt to infiltrate the Servers for the purpose of modifying or manipulating hardware or software, compromising the Servers, or any other unauthorized use known as "hacking".
10.3.3. In the event that You are involved in a system security breach, We reserve the right to share Your information with system administrators at other sites to assist in resolving security incidents, and to cooperate with any law enforcement authorities investigating a criminal breach of system, cyber or network security.
10.3.4. Any breach of these security provisions may, in Our sole discretion, be grounds for termination of your Account for cause under these Terms.

10.4. Bandwidth utilization

Your monthly bandwidth limit is determined by the specific package you have subscribed to. If your account exceeds your monthly limit, we reserve the right to charge you an Overlimit Fee.

10.5. Advertisement

You grant Us a non-exclusive, royalty-free, worldwide right and license to add Your name, trademark and company logo ("Customer Marks") to Our customer lists, websites and marketing materials to indicate Your status as a customer and/or user as permitted by applicable law. You may opt out of such use by contacting Us at [email protected].

11. Conditions of liability and force majeure

11.1. No guarantees

11.1.1. You expressly agree that your use of the Services is solely at your own risk.
11.1.2. Services are provided on an "as is, with all deficiencies" and "as available" basis.
11.1.3. Peerobyte expressly disclaims all warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
11.1.4. Except as expressly set forth herein, Peerobyte makes no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure or error-free.
11.1.5. Peerobyte makes no warranty as to the results that may be obtained from using the Services, the accuracy or reliability of any information obtained through the Services, or that defects in any software, hardware or Services will be corrected.
11.1.6. Any statements made by Peerobyte in promotional materials are considered promotional references and not guarantees. You understand and agree that any use by you of any materials and/or data downloaded or otherwise obtained through the Services is at your sole discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data resulting from downloading such materials and/or data.
11.1.7. Peerobyte does not control the content of third party services. Use of any third party services is at your sole and exclusive risk and is subject to the terms and conditions of a separate agreement between you and the third party.
11.1.8. Peerobyte makes no warranty of any kind with respect to any goods or services purchased or obtained through the Services, or any transactions entered into through the Services.
11.1.9. No advice or information, whether oral or written, obtained by you from Peerobyte or through the Services creates any warranty, implied, estoppel or otherwise, including, but not limited to, any marketing or promotional materials describing the Services on the Peerobyte website.
11.1.10. Unless otherwise agreed in writing, Peerobyte does not back up Your Site(s) as part of the Services. Accordingly, We recommend that you back up Your Site(s) on a regular basis.

11.2. Force Majeure Circumstances

Peerobyte shall not be liable for failure to fulfill its obligations in cases caused by the following circumstances:
(i) Natural phenomena and disasters: earthquakes, floods, hurricanes, tornadoes, solar storms, volcanic eruptions, landslides, snowstorms, fires and other extreme weather events and natural disasters.
(ii) Technogenic accidents and catastrophes: large-scale failures in power supply and communications, explosions and releases of hazardous substances at industrial facilities, collapse of buildings and structures, mass failure of equipment and software, cyberattacks, including DDoS attacks and infection of systems with malicious code, as well as other technogenic accidents and catastrophes.
(iii) Political and social events: military actions, civil unrest, terrorist acts, strikes, lockdowns and other political and social phenomena.
(iv) Legal constraints: sudden changes in legislation, bans and sanctions that unforeseeably affect the provider's ability to provide services.
(v) Epidemics and pandemics: the spread of infectious diseases that could seriously affect the company's operations and staff, as well as suppliers and partners.
(vi) Other force majeure circumstances which are beyond Peerobyte's control and which may prevent or seriously impede the fulfillment of Peerobyte's obligations.

11.3. Limitation of liability

11.3.1. You are solely responsible for the maintenance, operation and security of your online property and/or the conduct of your business and all other matters under your control.
11.3.2. In no event shall Peerobyte be liable to you for any damages arising out of or related to the content, performance or security of your website and/or business or the inability to operate your website and/or business.
11.3.3. This section applies to all claims brought by you or your end users, regardless of the cause of action underlying the claim, including but not limited to breach of contract, tort, including but not limited to negligence, strict liability, fraud and/or misrepresentation.
11.3.4. Regardless of the type of claim or the nature of the cause of action, you agree that under no circumstances will Peerobyte, our affiliates, contractors, service providers, employees, agents or licensors, or any other party involved in creating, producing or delivering the services, technology or content available on the services ("affiliates") have any liability to you:
(i) For any decision, action or inaction made by you based on information provided through the services.
(ii) For loss or inaccuracy of data, or the cost of acquiring replacement goods, services or technology.
(iii) For any indirect, special, incidental, consequential or punitive damages, including but not limited to loss of revenue, loss of profits or loss of goodwill, for business interruption or similar actions, even if Peerobyte has been advised of the possibility of such damages.
(iv) For your use of third party services.
11.3.5. The total aggregate and maximum liability of Peerobyte and its affiliates arising out of or otherwise relating to this agreement (regardless of the form of action or claim) shall be limited to any amounts you have paid to Peerobyte during the six (6) months preceding the cause or causes of action.

11.4. Interaction between users

11.4.1. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services.
11.4.2. Peerobyte may limit the number of connections you make with other Users and, under certain circumstances, may prohibit you from contacting other Users through your use of the Services or otherwise restrict your use of the Services.
11.4.3. Peerobyte reserves the right, but is under no obligation, to monitor these disputes or to become involved in any way.
11.4.4. You will cooperate fully with Peerobyte's investigation of any suspected illegal, fraudulent or improper activity, including but not limited to providing Peerobyte with access to any password-protected portions of your Account.
11.4.5. Peerobyte reserves the right to limit, suspend or terminate your account if Peerobyte, in its sole discretion, determines that it is necessary or in our best interest to do so.
11.4.6. In the event of a dispute between you and one or more Users, you release Peerobyte and its officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands, actual and consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11.5. Indemnification

11.5.1. You agree to defend and hold Peerobyte, and its affiliates, harmless from any claims and liabilities, including indemnification, including reasonable attorneys' and experts' fees, related to or arising out of:
(i) Any breach by you of your obligations under these Terms.
(ii) Your Use of the Services.
(iii) Any libelous, defamatory or unlawful material contained in your User Content or your information and data.
(iv) Any claim or allegation that your Content, your information and data, or your use of any Third Party Services infringes a third party's patent, copyright or other intellectual property rights or violates a third party's rights of privacy or publicity.
(v) Access to or use by any third party of User Content or Your information and data.
(vi) Any violation of the No Spam Policy and/or Intellectual Property Policy and/or Acceptable Use Policy.
11.5.2. In the event a claim is made for the reasons stated in this section above, Peerobyte shall have the right to select counsel to defend against such claim. Peerobyte reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification by you, but shall have no obligation to do so. You shall not settle any such claim or liability without Peerobyte's prior written consent, which shall not be unreasonably withheld.

11.6. HIPAA disclaimer

11.6.1. We expressly disclaim any representation or warranty that the Services offered by Peerobyte comply with the federal U.S. Health Insurance Portability and Accountability Act ("HIPAA"), We represent that Our Services are not HIPAA compliant.
11.6.2. Users are solely responsible for complying with applicable federal, state or other local laws governing the privacy and security of personal information, including medical or other sensitive data. Peerobyte does not control or monitor the information or data you store or transmit using our Services.
11.6.3. You acknowledge that the Peerobyte Services may not be appropriate for storing or controlling access to sensitive data, such as children's information or medical or health information. Therefore, Peerobyte is not and may not be your business associate, subcontractor or agent under HIPAA.
11.6.4. Customers who require secure storage of "protected health information" under HIPAA are expressly prohibited from using the Peerobyte Services for such purposes.
11.6.5. Use of the Peerobyte Services to store and provide access to "protected health information" as defined in HIPAA is a material breach of this Agreement and is grounds for termination of your Account.

12. Dispute Resolution

12.1. Applicable law

12.1.1. These Terms and any dispute that may arise between you and Peerobyte shall be governed by and construed in accordance with the laws of the Emirate of Dubai of the United Arab Emirates.
12.1.2. You agree that any claim or dispute you may have against Peerobyte shall be resolved exclusively in the courts of the Emirate of Dubai United Arab Emirates, except as otherwise agreed by the parties or as described in the "Arbitration" subsection below. You agree to submit to the personal jurisdiction of the courts located in the Emirate of Dubai of the United Arab Emirates for the purpose of litigating All such claims or disputes.

12.2. Dispute resolution procedure

12.2.1. Before either party may proceed to arbitration as provided below, a party must first provide the other party with a written notice of dispute ("Notice") describing the nature and basis of the claim or dispute and the relief requested. Upon receipt of the Notice, you and Peerobyte may attempt to resolve the claim or dispute informally.
12.2.2. If you and Peerobyte do not resolve the claim or dispute within thirty (30) days after receipt of the Notice, either party may commence arbitration as set forth below.

12.3. Arbitration

12.3.1. You agree that Peerobyte may elect to resolve the dispute in a cost-effective manner through binding arbitration (including non-attorney arbitration).
12.3.2. In the event Peerobyte elects to arbitrate, you hereby agree to submit all claims to the exclusive jurisdiction of an arbitration procedure to be initiated by an alternative dispute resolution provider (collectively, "ADR") selected by Peerobyte.
12.3.3. The ADR provider and the parties must comply with the following rules:
(i) At Peerobyte's option, arbitration will be conducted by telephone, online and/or solely on the basis of written statements.
(ii) The arbitration shall not involve the personal presence of the parties or witnesses, unless otherwise agreed by the parties, in which case the place of arbitration shall be the Emirate of Dubai of the United Arab Emirates.
(iii) The award rendered by the arbitrator may be submitted to any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other relief.
12.3.4. Arbitration claims include, but are not limited to, contract and tort claims of all types, and all claims based on any federal, state or local law, statute or ordinance, except only claims under applicable workers' compensation law, unemployment insurance claims, intellectual property claims, claims for injunctive relief, attachment, garnishment and other remedies.
12.3.5. The arbitration shall take place in the Emirate of Dubai, United Arab Emirates, and shall be conducted by a single arbitrator competent in the subject matter of the dispute.
12.3.6. Except as provided below, the party bringing the action shall be responsible for payment of all costs of arbitration, including the arbitrator's fees.
12.3.7. Each party shall bear its own attorneys' fees (unless the case is a debt collection case, in which case the prevailing party shall be awarded attorneys' fees, all arbitration costs and arbitrator's fees, in addition to all other applicable remedies).
12.3.8. The arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, modify or disregard the provisions of these Terms and shall be bound by applicable and applicable law.
12.3.9. The arbitrator must be willing to take an oath of neutrality.
12.3.10. The arbitrator shall issue a written opinion setting forth all material facts and the basis for his or her decision within thirty (30) days after the conclusion of the arbitration.

12.4. Waiver of jury trial and class action lawsuits

12.4.1. You hereby waive your constitutional and statutory rights to go to court and be tried by a judge or jury.
12.4.2. In the event litigation arises between you and Peerobyte in any court in an action to vacate or enforce an arbitration award or otherwise, you waive all rights to a jury trial, instead preferring to have the dispute resolved by a judge.
12.4.3. All claims and disputes under these terms and conditions must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one user may not be arbitrated or litigated jointly or consolidated with claims of any other user.

12.5. Waiver of rights for California residents

If you are a California resident, you hereby waive the rights granted to you by California Civil Code §1542. Specifically, you waive any claims and rights to damages that you did not know existed and could not have known existed at the time this Agreement became effective. This means that you will not be able to assert future claims arising out of facts or circumstances unknown to you at the time this Agreement became effective, even if such information subsequently becomes known and could have materially affected your judgment.

12.6. California Consumer Rights Notice

Pursuant to California Civil Code §1789.3, California users are entitled to the following consumer rights notice:
The services are provided by VIRTUAL NETWORK LAB LLC FZ.
If you have any questions or complaints regarding the Services, please contact Peerobyte's customer service team at [email protected].
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services, Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Sacramento, CA 95834 or by phone at (916) 445-1254 or (800) 952-5210 or for the hearing impaired at TDD (800) 326-2297 or TDD (916) 322-1700 or online at https://www.dca.ca.gov/consumers/complaints/consumer.shtml.

13. Contact details

If you need to contact Peerobyte for any reason, you may send correspondence to us at VIRTUAL NETWORK LAB LLC FZ, Business Center 1, M Floor, The Meydan Hotel, Nad Al, Sheba, Dubai, U.A.E. with a copy of the letter to [email protected].

We use a variety of e-mail addresses to handle incoming e-mail correspondence that correspond to specific topics or departments. For faster response to your inquiry, please send it to the appropriate address.

General Questions: [email protected].
Technical Support: [email protected].
Legal Matters: [email protected].
Copyright infringements: [email protected].
Complaints about inappropriate content: [email protected].
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