Customer Agreement

1. General Provisions

1.1. Main Terms

1.1.1. This customer agreement (the "Agreement") is a legal contract between you or the person that you represent (the "Client", "You", or "User") and VIRTUAL NETWORK LAB L.L.C-FZ and its Affiliates ("Peerobyte", "We", or "Us").

1.1.2. This Agreement describes in detail the rules for using the products and services offered by the Peerobyte platform and the website whose main URL is located at www.peerobyte.com, together with related online services, including those provided by Peerobyte and/or by or together with Our affiliated companies, software provided by Peerobyte for download or use, including mobile applications (the "Apps") provided by Peerobyte directly or through our affiliated companies, which are collectively referred to as the "Site".

1.1.3. This Agreement also applies to Your use of all content of the Site, referred to below as the "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 that we may provide through the Site.

1.1.4. The Materials, the Site, and the services provided through them are collectively referred to as the "Services".

1.1.5. By using any Services or accessing any Materials provided by Peerobyte, You confirm that You have read this Agreement and accept its terms. This consent is a required condition for 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 confirm that you have reached the age of majority under the laws of your jurisdiction and have legal capacity to enter into contracts. This provision ensures that all users use the Services while having the legal capacity to enter into binding agreements.

1.1.8. If You do not have legal capacity to enter into contracts, whether because of age or for any other reason, you are strictly prohibited from using the Services or providing information to Peerobyte or within the Services.

1.1.9. For easier navigation, this Agreement is divided into sections and subsections, each with a heading that is intended to summarise, in general and approximate terms, the relevant aspects of interaction between You, Peerobyte, and third parties. However, it is important to understand that the scope of the provisions may be broader than indicated in the headings and often extends to aspects beyond the topics stated in the heading, unless the text of the relevant provision expressly states otherwise.

1.1.10. If you have a separate signed contract with Peerobyte for the provision of specific services (the "Contract"), that Contract prevails over this Agreement. In the event of any inconsistency between them, the terms of the Contract prevail. This Agreement will apply in addition to the Contract where the Contract does not contain specific provisions included in this Agreement.

1.1.11. This Agreement incorporates, as an integral part, the following documents: Acceptable Use Policy, Intellectual Property Policy, Privacy Policy, Europe Privacy Policy, US Privacy Policy, Cookie Policy, No Spam Policy, Service Level Agreement, Referral Policy, Partner Agreement, Trial Policy, applicable special Peerobyte policies, including the applicable Special Trial Policy and Special Referral Policy documents, as well as any separate Contracts that Peerobyte may enter into with You directly, and any other terms that Peerobyte may provide through its online resources. The Agreement that has entered into force cancels and replaces any previous written or oral agreements on the same matters, except for active Contracts, individual trial programme agreements, and other documents that expressly remain in force or have priority under this Agreement, Trial Policy, Referral Policy, Partner Agreement, or applicable special Peerobyte policies, including the applicable Special Trial Policy and Special Referral Policy documents.

1.1.12. If Peerobyte does not exercise any rights or enforce any provisions of this Agreement, this does not mean that Peerobyte waives that right or provision.

1.1.13. If any provision of this Agreement is held to be illegal, invalid, or unenforceable for any reason in any jurisdiction, that provision will be deemed severed from the Agreement in that jurisdiction and will not affect the validity and enforceability of the remaining provisions or of the provisions in other jurisdictions.

1.1.14. For the purposes of this Agreement, Peerobyte is an independent contractor and does not intend to create a partnership, joint venture, or agency relationship. Any forms of such cooperation are outside the scope of this Agreement and require a separate agreement signed by the parties.

1.1.15. This Agreement contains a dispute resolution and Arbitration provision, including a class action waiver, which 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 the matters mentioned in the text of this Agreement. You should independently obtain professional legal advice to comply with all laws and other regulations applicable to your activity.

1.1.17. From the start of Your use of the Peerobyte Services and for two years after the end of such use, You undertake not to solicit, hire, or contract, directly or indirectly, with Peerobyte employees who worked for Peerobyte during the term of this Agreement, for work in Your company or in a company affiliated with You.

1.1.18. For the purposes of this Agreement, "Account" means a User account on the Site, created or provided by Peerobyte after registration and used to access the client area, control panel, billing, orders, ticket system, and other Peerobyte interfaces.

1.2. Electronic Communications

1.2.1. Communication between You and Peerobyte is carried out by electronic means of communication. Electronic means of communication here means forms of digital communication, including notices through the Peerobyte Site and email.

1.2.2. Electronic means of communication apply to communications between You and Peerobyte regardless of the method of communication, whether visiting the Peerobyte website, sending emails to Peerobyte, using Services provided by Peerobyte, or receiving notices on the Site or by email from Peerobyte. All these actions take place in electronic form.

1.2.3. For communication with Peerobyte in connection with the performance of this Agreement and/or receipt of the Services, You agree to:

1. Receive communications from Peerobyte in electronic form.
2. All terms, agreements, notices, disclosures, and other communications that Peerobyte provides to You electronically satisfy any legal requirement that such communications would satisfy if they were made in written form on paper.

1.2.4. The rules for exchanging messages by electronic means of communication do not limit your statutory rights.

1.2.5. If Peerobyte requires You to provide an email address, You are responsible for providing Peerobyte with Your current email address and for completing the mandatory verification of that address in the manner provided by this Agreement and/or the Site interfaces.

1.2.6. If You provided Peerobyte with an email address that is invalid or, for any reason, cannot receive emails addressed to You from Peerobyte, the notices contained in such emails will nevertheless be deemed to have been properly delivered to You by 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 as follows:

1. The information contained in an electronic communication and identifying the sender is legally sufficient confirmation of the identity of the sender and evidence of the authenticity of the communication.
2. An electronic communication sent by You and identifying You establishes You as the author of the electronic communication and will have the same effect as a document with Your handwritten signature on paper.
3. An electronic communication or its printout is considered valid confirmation of the content of the original communication.

1.3. Procedure for Submitting Documents and Information

1.3.1. Peerobyte may, at any time during the term of Your cooperation with Peerobyte, request from You documents and/or information that are reasonably necessary:

1. to identify and verify Your identity and/or the organisation on whose behalf You act;
2. to confirm the address, status, authority of a representative, and other legally relevant circumstances;
3. to check payment status and prevent fraud;
4. to confirm the right to participate in Incentive Programs, referral and/or partner programmes;
5. to review requests, resolve disputes and claims;
6. to comply with applicable law and lawful requests from competent authorities.

1.3.2. A request by Peerobyte for documents or information may be sent through the Site interfaces, in the client area, through the ticket system and/or to the verified email address specified in the Account. The request must, as far as reasonably possible, contain a description of the required documents/information, the purpose of the request, and an indication of the permitted submission channel.

1.3.3. For security purposes and to minimise the risks of data compromise, You undertake to provide documents and information only through channels that correspond to the category of such information. For the purposes of this section, the following channels apply:

1. Dedicated secure Site forms: interfaces expressly intended for registration, authentication, access recovery, changes to credentials, confirmation of actions, verification, and/or payment, including integrated payment gateway pages to which You are redirected to complete payment.
2. Peerobyte ticket system: the request system in the client area of the Site (including the file attachment function), as well as other dedicated secure Site interfaces expressly designated by Peerobyte as intended for uploading documents/information (collectively, the "Secure Channel").
3. Operational and public channels: telephone calls, online chats, messenger messages, posts on forums, in comments, FAQ sections, social networks, and other similar channels (the "Operational Channels"). Operational Channels are intended for general consultations and exchange of information that is not confidential/sensitive and does not require secure transmission.

If the Peerobyte request does not specify a channel, or if You have doubts about the permitted channel, You undertake to use the Secure Channel.

1.3.4. The following information is intended exclusively for entry into dedicated secure Site forms and/or on payment gateway pages and must not be transmitted through the ticket system, email, telephone, chats, messengers, forums, comments, FAQ, social networks, or other channels:

1. the Account password and any access elements that replace the password;
2. two-factor authentication codes and one-time confirmation codes (SMS codes, email codes, OTPs, and their equivalents);
3. full payment card details and other payment details that allow funds to be debited, including the full card number (PAN), expiry date, CVV/CVC, and PIN;
4. payment system account details, including logins/passwords (PayPal and equivalents);
5. other information that, based on the meaning of the interface, is intended to be entered only in secure fields during registration, payment, verification, access recovery, or changes to credentials.

1.3.5. If Peerobyte requests from You documents or information containing personal data, confidential information, or other sensitive information (including, without limitation: images of identity documents, proof of address, documents on registration/authority of an organisation, information to confirm participation in Incentive Programs, dispute materials), You undertake to provide such documents/information only through the Secure Channel.

1.3.6. When providing documents/information through the Secure Channel, You undertake to:

1. provide them only to the extent necessary for the purpose of the request;
2. follow technical instructions of Peerobyte specified in the request (format, content, deadline, and submission procedure);
3. not include in the text of the request and/or attachments the information specified in clauses 1.3.4 and 1.3.14 of this Agreement, unless the relevant secure interface is expressly intended for providing such information.

1.3.7. Only information whose disclosure does not create a reasonable risk to Account, payment, and personal data security may be transmitted and discussed through Operational Channels, in particular:

1. general reference information about the Services, the procedure for using them, and typical scenarios;
2. answers to questions about documentation and general troubleshooting recommendations that do not require the submission of documents and/or confidential materials;
3. limited identifiers for routing a request (for example, a ticket number, bill/invoice identifier, transaction identifier, or the last four digits of a payment card), if this is expressly requested by a support employee to find the request and provided that such information does not relate to the information specified in clauses 1.3.4 and 1.3.14 of this Agreement.

1.3.8. If, during communication through Operational Channels, for example by telephone or in a chat, it becomes clear that further action requires documents or sensitive information to be provided, Peerobyte may require the interaction to be moved to the ticket system and/or another Secure Channel, and You undertake to do so.

1.3.9. Any requests to provide the information specified in clauses 1.3.4 and 1.3.14 of this Agreement that are received through any channels other than dedicated secure forms and payment gateways (including email, the ticket system, telephone, chats, messengers, forums, comments, FAQ, social networks) are deemed invalid and must be ignored. Such requests should be treated as an attempted fraud. You undertake to report such incidents immediately to Peerobyte support at [email protected], without disclosing the information specified in clauses 1.3.4 and 1.3.14 of this Agreement.

1.3.10. Documents and information provided by You in breach of the requirements of this section (in particular through ordinary email, messengers, chats, or other channels that are not the appropriate channel for the data category) are deemed to have been provided improperly. Peerobyte may:

1. not process such documents/information until they are provided again through the proper channel;
2. not take them into account during verification, when making decisions on providing the Services, granting access to Incentive Programs, and/or when considering disputes.

1.3.11. You bear the risk of compromise of data transmitted by You through improper channels (including interception, access by third parties, and leakage).

1.3.12. Personal data provided by You to Peerobyte is processed in accordance with this Agreement and the applicable Peerobyte privacy policies (including the Peerobyte Privacy Policy and, where applicable, Europe Privacy Policy or US Privacy Policy). These rules apply to information that You provide through dedicated Site forms, in the client area (which requires authentication), and/or through the Secure Channel in response to an official Peerobyte request.

1.3.13. Personal data and other information that You voluntarily disclose in publicly available sections of the Site (for example, on forums, in comments, in public discussions, and in FAQ sections) are considered to have been disclosed publicly by You. Such information is not treated as provided through the Secure Channel and may be accessible to an unlimited number of persons.

1.3.14. Peerobyte does not request or require the provision of:

1. private keys, seed phrases, access tokens, API secrets, and other similar access tools;
2. logins/passwords for third party services, including payment services;
3. the password for Your Account and one-time confirmation codes outside dedicated Site forms;
4. full payment card details outside secure payment forms and payment gateways.

You undertake not to provide the specified information to anyone outside dedicated secure forms and payment gateways.

2. Terms of Use and Authority

2.1. Changes to this Agreement

2.1.1. Peerobyte reserves the right to amend this Agreement at any time. Changes will be communicated through notices on the Site and/or notices by email and/or by other methods permitted by law.

2.1.2. The updated Agreement takes effect from the time it is published, unless otherwise provided by law.

2.1.3. If required by law, we will request your express consent to any updates or changes to the Agreement, providing detailed information on how to accept or reject those changes.

2.1.4. If you do not agree to any updates or changes to the Agreement, your only option is to stop using the Services and Materials.

2.1.5. If you continue using the Services after changes to the Agreement take effect, this 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 or transferred by You to third parties. Any such attempted assignment or transfer will be invalid and of no legal effect.

2.2.2. Peerobyte may transfer 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 be available only to those users who have successfully completed the registration process on the Site and received an Account from Peerobyte. Users who have an Account on the Peerobyte Site will be referred to as "Registered Users".

3.1.2. A Registered User receives a login (email address) and password that they can use to access the Services or change their content and data. Registered Users may choose what information about themselves to make public or display.

3.1.3. By registering an Account, You confirm:

1. That You are not prohibited from using the Services under this Agreement.
2. That You are not prohibited from using the Services under the laws of the jurisdiction applicable to You.
3. That You are authorised to act on behalf of another person, group, organisation, or entity and have the necessary legal authority to bind the third parties specified by You when registering the Account to the terms of this Agreement, if You are registering on their behalf.

3.1.4. By starting the Account registration procedure, You undertake to:

1. Provide true, accurate, current, and complete information about yourself or the third parties that You represent, in accordance with the requests in the Site registration form ("Registration Data"), including contact details and other information that belongs to You, relates to the organisation represented by You, or is provided and used by You on a lawful basis;
2. Maintain and promptly update the Registration Data so that it remains true, accurate, current, and complete.
3. Ensure receipt of all notices and communications from Peerobyte sent to the email address specified by You and/or through the notification system on the Site.
4. Complete mandatory verification of the email address specified during Account registration by receiving an email from Peerobyte and following the unique link contained in that email. If the email address is changed, You must complete verification again.
5. Complete mandatory verification of the mobile phone number specified during Account registration (or added later) by receiving an SMS message with a one-time verification code and entering that code in the Site form. If the phone number is changed, You must complete verification again.
6. Not create an Account using a false identity or false information.
7. Not have more than one Account at any time.
8. Not register an Account on behalf of a natural person who is not You, or register an Account on behalf of any group or organisation, if You are not authorised to bind that person, group, or organisation to obligations under this Agreement.
9. Not create an Account or use the Services if You were previously removed by Peerobyte, or if You were previously prohibited from using any Peerobyte property.
10. Immediately notify Us of any unauthorised use of Your Account or any other security breach that You know about or reasonably suspect, at [email protected].

3.1.5. Until mandatory verification of the email address and mobile phone number is completed, Peerobyte may restrict access to Service functions and/or suspend the provision of the Services until the relevant verification is successfully completed.

3.2. Responsibility of the Registered User

3.2.1. The Registered User is responsible for:

1. Maintaining the confidentiality of the Account password.
2. Ensuring that none of the Peerobyte domains, including peerobyte.com, is placed on the spam blocklist used by You or Your email provider.
3. Performing all necessary tasks related to security configuration and management for Your website(s) and all domains, web pages, or IP addresses that You host using the Services.
4. Performing all necessary tasks related to security configuration and management to protect your content and data, including the data of your customers and/or end users hosted using the Services.
5. Managing security updates and patches, any installed application software or utilities, any files available through Your website(s), and the configuration of any security utilities provided by Peerobyte.
6. Any actions and/or damage caused to Peerobyte and/or third parties by You, using Your authentication data and/or under Your Account.

3.2.2. If you registered an Account on behalf of another person, group, organisation, or entity, your acceptance of the terms of this Agreement also applies to all actions performed by third parties on whose behalf You registered the Account, and requires them to ensure full compliance with the provisions set out in this Agreement.

3.2.3. If You act on behalf of another person, group, organisation, or entity and it is established that You did not have the necessary legal authority to bind the third parties specified by you when registering the Account to obligations, You assume full personal responsibility for any actions taken by You and their consequences.

3.3. Rights of Peerobyte

3.3.1. Peerobyte may establish procedures for verifying Account Registration Data and may, at any time, check the admissibility and accuracy of Account Registration Data and/or any information provided by you.

3.3.2. Peerobyte may terminate your Account at any time for the following reasons:

1. Providing false, inaccurate, outdated, or incomplete information when registering an Account or changing Account data, and where Peerobyte has grounds to believe that such information is not true.
2. Breach of the terms of this Agreement or breach of the requirements of other documents referred to in this Agreement and mandatory for Our clients to comply with.
3. Refusal by the Registered User to comply with, or ignoring, requirements to change the Account password or Account username.
4. Failure to complete mandatory verification of the email address and/or phone number.

3.3.3. Peerobyte may at any time require the Account password to be changed if it considers the password insecure or unsuitable.

3.3.4. Peerobyte may at any time require the Account username to be changed if:.

1. It considers the username invalid or unacceptable for any reason
2. Third parties have submitted claims that the username infringes their rights.

3.4. Account Termination

3.4.1. You may close Your Account by using the functionality provided in the personal account area of Your Account on Peerobyte.com, or, alternatively, by writing to Us at [email protected] with the relevant message.

3.4.2. After You perform actions in the personal account area that clearly indicate closure of the Account, or after We receive an email requesting Account closure from Your email address that was used when registering the Account, we will begin closing your Account and send you confirmation of Account closure by email.

4. Services and Subscription

4.1. Subscription Activation

4.1.1. After successfully completing the Account registration process, you will receive access to the Services provided by Peerobyte.

4.1.2. To access a specific Service, you must select the relevant service plan under which it is offered. This creates a "Subscription" to the Service that you are interested in.

4.1.3. The term of the Subscription is determined based on the Subscription parameters selected by you. This is the period during which the Subscription remains active until renewal is required. That 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 starts after Peerobyte has completed review and approval, and after Peerobyte has received payment for the Subscription or equivalent confirmation of payment. Peerobyte charges You for the Subscription by the method that You selected or that You agreed with Peerobyte.

4.1.5. The total cost of the Subscription may include taxes and other mandatory charges, the amount of which may vary depending on the payment method selected by You and the jurisdiction to which You are subject.

4.1.6. Peerobyte reserves the right, acting at its discretion, to refuse approval for your Subscription or access to any Services if it considers this necessary and/or justified.

4.1.7. You may subscribe to additional Services at any time, provided that you follow the provisions and requirements of this Agreement, including the payment terms for the Subscription.

4.1.8. Some Service functionality may be accompanied by its own terms of use ("Additional Terms"), which will be presented to you when you decide to use that functionality. By using that functionality, you agree to comply with the Additional Terms, which will take priority over this Agreement in the event of inconsistencies.

4.2. License Terms for Access to the Services

4.2.1. Access to the Services provided by Peerobyte is not based on ownership rights, but through a limited licence granted to You under the terms of this Agreement with Peerobyte (the "License").

4.2.2. The License is non-exclusive, cannot be sublicensed, cannot be transferred to third parties, and may be revoked by Peerobyte.

4.2.3. The License limits the use of the Services and any related applications or client software exclusively to Your personal or internal business purposes.

4.2.4. Peerobyte reserves the right to suspend access to the Services to perform both scheduled and unscheduled technical maintenance.

4.3. Restrictions on Use of the Services

The Peerobyte Services are protected by copyright laws worldwide, and the following restrictions apply to their use:

1. Reproduction, modification, creation of derivative works, distribution, licensing, leasing, sale, resale, transfer, public display, public performance, transmission, streaming, broadcasting, or any other form of use of the Services without direct permission from Peerobyte is not permitted.
2. Removing any copyright, trade mark, or other proprietary notices from any part of the Services is strictly prohibited.
3. Decompilation, disassembly, or any reverse engineering of the Services is permitted only in accordance with applicable law.
4. Linking to, mirroring, or framing any part of the Services requires direct permission from Peerobyte.
5. Running programmes or scripts aimed at searching, indexing, investigating, or data mining any segment of the Services, as well as actions that significantly degrade the operation or functionality of the Services, is prohibited.
6. Unauthorised 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 Peerobyte Services, Peerobyte provides automatic renewal of the Subscription.

4.4.2. Automatic renewal of the Subscription occurs when the current Subscription expires, except where termination of the Subscription has been initiated by one of the parties.

4.4.3. The Subscription renewal terms, including the Subscription Term, repeat the previous terms, except for any changes agreed between You and Peerobyte and unilateral changes to the Subscription terms by Peerobyte.

4.4.4. You must remain informed of any adjustments to the tariff or plan structure, especially if a change or renewal of your Subscription is planned.

4.4.5. Payment for Subscription renewal is charged after the paid Subscription period expires. Peerobyte charges You for the Subscription by the method that you agreed with Peerobyte.

4.4.6. The total cost of Subscription renewal may include taxes and other charges that may depend on the payment method selected by You 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 to any other aspect of Service provision, including adjusting the Subscription cost.

4.5.2. Changes to the terms of Your Subscription and the terms of Service provision start to apply to You from the end of the Subscription Term.

4.5.3. If You do not agree to any changes to the Subscription terms or to the provision of the Services, disabling automatic Subscription renewal and stopping use of the Service affected by changes to terms that are unacceptable to You at the end of the Subscription Term is your only remedy.

4.5.4. If, after changes to the Subscription terms or to the terms of Service provision, You did not cancel automatic Subscription renewal and did not refuse to use the Service, the Subscription will be renewed on the new terms, which will mean your agreement to the new Subscription terms or terms of Service provision.

4.5.5. Peerobyte is not responsible for any changes to Subscription terms and terms of Service provision, or for Your stopping use of the Services because changes to the Subscription terms and/or Service terms are unacceptable to You.

4.5.6. If the Subscription cost changes, Peerobyte undertakes to notify You in advance of the upcoming changes.

4.5.7. If You object to a change in the Subscription cost and notify Us of this in the established manner, We will not automatically renew your Subscription, even if you previously selected automatic renewal.

4.5.8. If You do not cancel the Subscription, do not notify Us of Your decision to cancel the Subscription, or do not deactivate the automatic renewal option within the established period after receiving notice of the change to terms, Your Subscription will be automatically renewed at the new price specified in the notice.

4.5.9. When the Subscription cost changes, Peerobyte does not provide price protection mechanisms or the possibility of refunds in the event of promotional campaigns or reductions in Subscription prices.

4.5.10. Peerobyte reserves the right to cancel any service plan (subscription) or discontinue any Service. Cancellation takes effect for You after the end of the current term of Your Subscription.

4.5.11. If a service plan is cancelled or a Service under your active Subscription is discontinued, You will not be automatically moved to another service plan, another Subscription, or another Service. All changes in this case will be made at Your request and may include a change in the Payment amount or require reselection of a service plan and Service.

5. Subscription Termination

5.1. Termination of Subscription for Cause

5.1.1. Peerobyte may terminate Your Subscription if, in Our view, there is sufficient cause for doing so. In particular, this may include a breach of the requirements of this Agreement or a breach of the requirements of other documents referred to in this Agreement and mandatory for Our clients to comply with.

5.1.2. If Peerobyte terminates the Agreement for cause, all prepaid fees will be forfeited and are non-refundable.

5.1.3. If Peerobyte terminates your Subscription under any of the terms set out in this Agreement, except for termination of the Subscription without cause ("Termination Without Cause"; see Section 5.2), Peerobyte will not refund to You any payments paid or prepaid before such cancellation, and You must pay all payments and fees accrued before such cancellation takes effect.

5.1.4. In addition to the right of Peerobyte to terminate Your Subscription as provided in other sections of this Agreement, Peerobyte may immediately terminate Your Subscription if, in the sole judgement of Peerobyte, it determines that You or any of Your end users:

1. Violated the Acceptable Use Policy or the No Spam Policy.
2. Infringed any intellectual property right of a third party or any right to privacy or publicity.
3. Failed to comply with any applicable law, statute, or regulation.
4. Uploaded, published, or distributed any images, text, graphics, code, or video that Peerobyte considers unlawful or high-risk, at its discretion.
5. Violated this Agreement.
6. Attempted to bypass or interfere with the verification procedures for email, mobile phone, or the method used to pay for the Services.

5.2. Termination of Subscription Without Cause

5.2.1. Peerobyte may terminate Your Subscription at its discretion at any time without cause ("Termination Without Cause").

5.2.2. In the event of Termination Without Cause of the Subscription, Peerobyte will provide You with written notice thirty (30) days before ceasing to provide the Services.

5.2.3. Termination of Your Subscription does not release You from the obligation to pay amounts accrued or payable to Peerobyte before the date of termination of Your Subscription.

5.2.4. If Peerobyte exercises its right to Termination Without Cause of access to the Services, Peerobyte will refund previously paid and unused amounts for access to the Services whose subscription has been Terminated Without Cause.

5.3. Termination at the Client Initiative

5.3.1. You may cancel an active Subscription to a Service, which will result in termination of access to that Service after the Subscription Term expires and will cancel automatic renewal of the Subscription for a new period.

5.3.2. Payment for the Subscription is not refundable if You cancel it, and You are not entitled to a proportional refund for the unused Subscription Term.

5.4. Consequences of Subscription Termination

5.4.1. Termination of Your Subscription will terminate Your access to the Service and Your licence to the Materials related to that Service.

5.4.2. Peerobyte is not liable to You or any third party for termination of Services permitted by the terms of this Agreement, including deletion of content.

5.4.3. If either party cancels or terminates Your Subscription for any reason, You are fully responsible for taking all necessary steps to secure a replacement service provider and for promptly moving all electronic data, graphics, images, videos, text, and any other content to a new service provider.

5.4.4. After 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 a fee for early termination of any Services terminated before the last day of the billing cycle.

5.4.6. All provisions of this Agreement that by their nature should survive remain in force after termination of the Service, including ownership provisions, warranty disclaimers, and limitation of liability.

6. Payments

6.1. Peerobyte Billing Time

6.1.1. For the purposes of this Agreement, Peerobyte billing time means the time standard used by Peerobyte to record settlement dates and periods, including the start and end of the Subscription Term, issuing invoices, recording debits and refunds, and other settlement operations.

6.1.2. Peerobyte billing time is set as UTC+01:00 (CET), and during daylight saving time as UTC+02:00 (CEST). The switch to daylight saving time and standard time is made automatically in accordance with the rules of Directive 2000/84/EC of the European Parliament and of the Council of the EU.

6.2. Payment Method

6.2.1. When purchasing services from Peerobyte, whether as a one-time purchase or Services under a Subscription model, you must select a payment method and then make a payment (the "Payment").

6.2.2. For the purposes of this Agreement:

"Payment Method" means a bank card or PayPal account used by the User to make the Payment.

"Account Balance" means an accounting value in the User Account that reflects the available amount of funds deposited in advance and/or accrued credits. The ability to use accrued credits, bonuses, promo credits, or other accounting values to make the Payment is determined by the terms under which they are provided. Account Balance is not a Payment Method.

6.2.3. By specifying a payment method, You confirm that the selected Payment Method belongs to You or that You are duly authorised to use it to make the Payment, carry out verification transactions, and perform other payment operations under the Agreement, Trial Policy, applicable special terms, and other applicable Peerobyte documents. You expressly authorise Peerobyte to charge the Payment by the selected method, including debiting the Payment from the selected Payment Method and/or reducing the Account Balance by the Payment amount (if there is a sufficient balance), where the relevant option is available in the Site interfaces. Peerobyte may charge the Payment partly from the Account Balance and partly from the Payment Method.

6.2.4. Depending on the service selected by you, the Payment is charged once or under a Subscription at regular intervals.

6.3. Verification of Payment Method

6.3.1. When adding and/or using a Payment Method, the User must complete Payment Method verification in the manner established by Peerobyte.

6.3.2. Verification is carried out by performing a verification transaction (debit) in the amount of EUR 0.99 (zero euros and ninety-nine euro cents) from the selected Payment Method. By taking actions to add a Payment Method, the User gives Peerobyte an express instruction and consent to carry out the specified transaction.

6.3.3. The verification transaction is a separate operation and is not payment for the Subscription or a guarantee of provision of a Trial Programme, special offer, separate benefit, or Service, unless Peerobyte expressly states otherwise. If there are no grounds for retention, Peerobyte takes reasonable steps to refund (reverse) the amount of the verification transaction or account for it as part of subsequent debits, taking into account the rules of the Payment Method, payment provider, and applicable law.

6.3.4. If the verification transaction cannot be performed, Peerobyte may refuse to link the Payment Method, require another Payment Method to be selected, and/or suspend access to paid Services until verification is successfully completed.

6.3.5. If the Payment Method is added, used, or verified in connection with a Trial Programme, special offer, Incentive Programs, or other preferential Peerobyte programme, the verification transaction amount may also partially compensate direct operating expenses of Peerobyte associated with processing the application, checking the Payment Method, verifying User data, preventing abuse, fraud, and circumvention of restrictions. To the extent permitted by applicable law, Peerobyte may decline to refund or credit the verification transaction amount if refusal to provide a benefit, refusal to provide Test Access, suspension, or termination of participation is connected with one or more of the following circumstances:

1. providing inaccurate, incomplete, misleading information, or information that the User has no right to provide or use;
2. using a Payment Method without proper authorisation;
3. creating or using multiple Accounts to bypass restrictions;
4. attempting to obtain a Trial Programme or other benefit again contrary to established restrictions;
5. failure to provide requested documents or information within the established period;
6. attempting to bypass, interfere with, or distort verification procedures;
7. the existence of reasonable indications of fraud, abuse, security breach, breach of applicable Peerobyte documents, or breach of law.

6.3.6. Retention of the verification transaction amount does not limit the right of Peerobyte to claim compensation for losses, expenses, commissions, payment system penalties, dispute resolution costs, and other amounts, if such claims are permitted by the Agreement and applicable law.

6.4. Automatic Payment

6.4.1. By making Payment for Services under the Subscription model, you undertake to make the Payment periodically in accordance with the selected payment model for Your Subscription, without time limitation, until one of the Parties opts out of this.

6.4.2. Invoices for services are issued automatically and may be issued in advance, unless otherwise specified.

6.4.3. The Subscription renewal terms repeat the previous terms, except for any changes agreed between You and Peerobyte and unilateral changes to the Subscription terms by Peerobyte.

6.5. Payment Processing

6.5.1. By making the Payment, you agree that Peerobyte may use third party payment providers to manage billing and process payments.

6.5.2. Such third party may establish additional terms and conditions governing payment processing, which you agree to when selecting the relevant payment method.

6.5.3. The Payment may include commissions, fees, and other expenses depending on the payment method selected by you.

6.5.4. The Payment may include taxes, including those depending on your jurisdiction, arising as a result of Your use of the Services.

6.5.5. The Payment may include additional expenses that you undertake to pay, including collection costs, overdue payment amounts, and interest on them.

6.5.6. Peerobyte is not responsible for any bank charges that, in connection with Your payment for the Services, may be imposed by the financial institution used by You, including in connection with insufficient funds, use of cheque cards, or automatic payment services.

6.6. Limit Overuse

6.6.1. Our Subscriptions may have resource usage limits and other usage restrictions.

6.6.2. Peerobyte monitors the volume of resource usage and other restrictions determined by the type of service.

6.6.3. By using the Peerobyte Services, You understand and agree that We periodically check use of the Services.

6.6.4. If, during a check, We find that resource consumption exceeds the current purchased limits and/or has gone beyond restrictions, We reserve the right to invoice You for additional usage and/or require You to move to a tariff plan with a higher usage level and/or suspend the provision of resources to You if We consider this necessary.

6.6.5. If purchased resource consumption limits are exceeded, We may contact You to discuss Your current tariff plan, Subscription parameters, options, and other available alternatives to ensure that a sufficient resource limit is purchased.

6.7. Late Payments

6.7.1. You must monitor the timely receipt of payments for the Services.

6.7.2. If You do not make Payments for all Services by the due date, Your account will be considered overdue.

6.7.3. In the event of late payment, Peerobyte reserves the right to charge you interest at one and a half per cent (1.5%) or at the highest rate permitted by the applicable law of your jurisdiction, whichever is lower, per month on the unpaid amount until it is paid.

6.7.4. If Peerobyte receives an incomplete Payment because of taxes, bank charges, transfer fees, or similar reasons, Peerobyte will invoice you for the difference between the payment received and the Payment due.

6.7.5. You also agree to pay all legal services, fees, and other expenses arising from Peerobyte efforts to collect any overdue fees.

6.7.6. If you do not pay on time or if Peerobyte, for any reason, cannot debit funds using the payment method selected by you, Peerobyte reserves the right to suspend or terminate: Your Subscription, Your access to the Services, and access to Your Account.

6.8. Compensation and Refunds

6.8.1. All setup fees and special programme fees are non-refundable.

6.8.2. If You cancel any Service before the end of the Subscription Term, You understand and agree that Peerobyte may, at its discretion, not refund any amounts to you, including, in particular, remaining prepaid Payment, setup fees, and/or special programme fees.

6.8.3. Any refunds that Peerobyte considers appropriate to pay will be paid exclusively by the method originally used by You to make the Payment to be refunded. If the Payment was made in whole or in part by reducing the Account Balance, the relevant refund amount is credited to the Account Balance, unless otherwise required by applicable law.

6.9. Special Offers, Referral and Trial Programmes

6.9.1. Peerobyte may offer discounts, benefits, bonuses, promo credits, referral, partner, trial, and other special offers. The terms of such offers apply only in the cases, manner, and limits expressly specified by Peerobyte in the relevant document, Site interface, order, invoice, ticket, message, or other applicable channel.

6.9.2. Referral programmes and referral offers are governed by the Referral Policy, applicable Special Referral Policy, and, where available, a separate referral programme agreement.

6.9.3. Trial, test, introductory, and similar programmes are governed by the Trial Policy, applicable Special Trial Policy, and, where available, an individual trial programme agreement.

6.9.4. If a special offer combines several types of programmes, benefits, or special terms, the relevant Peerobyte documents governing that part apply to each part of such offer, unless the terms of the relevant offer expressly state otherwise.

6.9.5. In the event of inconsistencies, the order of priority established by the relevant specialised Peerobyte document applies. To the extent not regulated by such document or by the special terms of the relevant offer, this Agreement and other applicable Peerobyte documents apply.

6.9.6. Peerobyte may refuse to provide a benefit under a special offer, suspend or terminate participation by the User in such offer, or apply other measures provided by applicable Peerobyte documents if it identifies abuse, breach of the terms of the relevant offer, use of multiple Accounts, circumvention of restrictions, inaccurate registration data, breach of the terms of applicable Peerobyte documents, or other reasonable risks.

7. User Content

7.1. Responsibility for Content

7.1.1. You are responsible for any data and information, including text, opinions, messages, comments, audiovisual works, films, photographs, animation, video, graphics, sounds, music, software, applications, and any other content or materials that You or third parties whom You allow to do so provide, upload, post, store, or otherwise make available ("Make Available") using the Peerobyte Services (the "Your Content", "Content", or "User Content").

7.1.2. You may not Make Available using the Peerobyte Services any materials protected by copyright, trade mark, or any other proprietary right without the express permission of the owner of such copyright, trade mark, or other proprietary right belonging to a third party.

7.1.3. The burden of determining whether any material is protected by copyright or any other right lies with You.

7.1.4. You are fully responsible for any damage arising from infringement of copyrights, trade marks, proprietary rights, breach of contract, rights to privacy or publicity, or any other damage arising because of User Content that You or third parties whom You allow to do so Make Available using the Peerobyte Services.

7.1.5. As between You and Peerobyte, You own Your User Content and are fully and solely responsible for all User Content that You or third parties whom You allow to do so Make Available using the Peerobyte Services, including responsibility for its legality, reliability, and appropriateness while using the Services.

7.1.6. You are responsible for restricting the availability of User Content in jurisdictions where it may be recognised as non-compliant with legal requirements or recognised as unacceptable.

7.1.7. Peerobyte is not obliged to monitor or review Your User Content.

7.1.8. You acknowledge and expressly agree that Peerobyte is not liable to You or any of Your end users for any actions taken by Peerobyte to remove or restrict access to the Services in connection with an alleged breach of the Acceptable Use Policy or the exercise of its Good Samaritan rights under the US Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the DMCA.

7.1.9. By making User Content available using the Peerobyte Services (including by posting it publicly), You confirm and agree to the following:

1. You allow other persons to access and use User Content within the technical functionality of the Services and the access settings selected by You (where applicable).
2. You may at any time delete User Content and/or send Peerobyte a request to delete User Content from the Services. At the same time, You acknowledge that deletion may be impossible in relation to copies that:
   • ■ were transferred by You to other persons and not deleted by them; and/or
   • ■ were copied, saved, reproduced, or distributed by third parties.
3. Any User Content that You make publicly available is not confidential, is posted by You at Your own risk, and may be lost, saved, or used by third parties without control by Peerobyte.
4. Information, statements, data, and other materials (including images) that You provide to Peerobyte and/or otherwise make available (including participation in groups/communities, if such functionality is available) may directly or indirectly disclose Your personal data and other characteristics (in particular, gender, ethnic origin, nationality, age, and/or other personal information). Providing User Content is voluntary on Your part.

7.2. Peerobyte Rights to Content and Related Operations

7.2.1. You hereby grant Peerobyte a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide licence (including the right to sublicense at multiple levels) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, and distribute each item of your User Content, or any part of it, in any form, on any medium, or by any distribution method now known or later known or developed, and otherwise use and commercialise User Content in any way that Peerobyte considers appropriate, without any additional consent, notice, and/or compensation to You or any third parties, for the purposes of providing the Services to You.

7.2.2. Peerobyte may, at its discretion, monitor User Content and its network, and may disclose any content or records relating to Your Account if this is necessary to satisfy any law, regulation, governmental request, any other lawful requirement, or for the proper functioning of our network and protection of any of Our clients.

7.2.3. Peerobyte may modify or adapt Your User Content for the purpose of transmitting, displaying, or distributing it over computer networks and in various media and/or make changes to User Content necessary for it to comply with and adapt to any requirements or restrictions of any networks, devices, services, or media.

7.2.4. Processing of personal information included in Your User Content by Peerobyte is governed by the following provisions:

1. Privacy Policy - applies under standard conditions.
2. Europe Privacy Policy - applies if You are located within the jurisdiction of the European Economic Area (EEA), the United Kingdom, or Switzerland.
3. US Privacy Policy - applies if Your location falls under the jurisdiction of the United States.

7.3. Prohibition of Child Pornography

7.3.1. Content that is or may be perceived as child pornography is prohibited from being posted using the Peerobyte Services and will be immediately removed from public access after We are notified or after We detect such Content.

7.3.2. Peerobyte reserves the right, immediately and without notice, to terminate any Account whose website(s) host child pornography or links to it. If such Account belongs to a Peerobyte reseller, the Account will be suspended, and the reseller will be instructed to terminate the Account responsible for hosting child pornography within its platform.

7.3.3. Content or messages aimed at attracting, enticing, or involving minors in sexual activity or lewd conduct are prohibited and will be treated in the same way as child pornography, in accordance with applicable law.

7.3.4. You agree to cooperate with Peerobyte in combating child pornography and to assist in any activities related to this fight, including conducting investigations and disabling or deleting such Content originating from your end users.

7.3.5. Peerobyte will cooperate with law enforcement authorities of the relevant jurisdiction and notify them if there are suspicions that You or any of Your downstream clients or end users are involved in any unlawful activity.

7.3.6. In accordance with the reporting requirements set out in § 2258A of the United States Code, we will report to CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A of the United States Code.

7.3.7. If you have information that child pornography or equivalent materials appear on sites hosted on Peerobyte, we ask you to report this to Us by sending an email to [email protected]. In the message, specify the file name and/or URL (or another location on the client site), and where possible, specify the victim, their date of birth, date of creation, and any other information about the suspicious image(s) that may be of interest to law enforcement and other competent authorities. Please do not send suspicious images to us. Alternatively, you may use CyberTipline to report suspected child pornography. Reports about sites not hosted on Peerobyte should be sent to law enforcement authorities or to a cooperating organisation combating child pornography, for example: https://www.asacp.org/index.php?content=report.

7.4. Restricting Access by Minors to Content Inappropriate for Them

7.4.1. You acknowledge your responsibility to prevent minors under Your guardianship from accessing harmful or inappropriate materials on Your site and services.

7.4.2. You agree not to allow minors to view such materials that may harm them and to take responsible measures to prevent their access.

7.4.3. If Your computer may be accessible to minors, You agree to prevent minors from viewing materials that may harm them by taking all necessary measures.

7.4.4. If You are the parent or guardian of a minor child, You agree that it is Your responsibility, not Ours, to ensure that any age-restricted content on our Site is not displayed to, or accessible by, Your children or minors under your care.

7.4.5. In accordance with 47 U.S.C. §230(d), You are hereby informed that, to restrict access by minors to harmful or inappropriate materials, You may use special tools and services, information about which You may review on www.asacp.org or similar sites. However, We make no representations or warranties regarding any products or services listed on such sites and recommend that You exercise due diligence before using such tools to restrict access to content.

7.5. Unacceptable Content

7.5.1. In accordance with 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 an interactive computer service provider. Accordingly, We are protected from claims arising in connection with the publication of Your User Content, including third party content posted on Your website(s), and cannot be held liable for it.

7.5.2. We do not create content, and We are not responsible for the publication of remarks or messages by you or third parties that may fall under federal or state laws, including, without limitation, publication of materials that may be considered defamatory or that infringe rights to privacy or publicity.

7.5.3. Please note that US federal law allows Peerobyte to remove any content deemed offensive, defamatory, obscene, or otherwise in breach of our rules, without prejudice to our immunity status as an interactive computer service.

7.5.4. Nothing contained in this section is intended to limit or modify the immunity from claims provided by Section 230 of the US Communications Decency Act.

7.5.5. If any court finds that any third party message or third party content hosted by us does not fall within the immunity provided by the US 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.

7.6. Prohibition of Abuse

7.6.1. All Services provided by Peerobyte must be used exclusively for lawful purposes.

7.6.2. Peerobyte will investigate complaints about infringement of third party rights or the Acceptable Use Policy.

7.6.3. Peerobyte will cooperate with those who combat abuse on the internet and reserves the right to set up "filters" and/or use other mechanisms for this purpose.

7.6.4. 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 engaged in unlawful activity.

7.6.5. Nothing contained in this section or elsewhere in this Agreement is intended to grant any rights to third parties, and no third parties have the right to enforce any terms of this Agreement between us, the parties.

7.6.6. We respect the intellectual property rights of all parties and have adopted a policy concerning termination of repeat copyright infringers in accordance with the DMCA.

7.7. Service Provider Requirements

7.7.1. If You use our Services for any site, subdomain, page, or business model that allows Your end users or customers to control or host materials using Our Services allocated to You by Us, You will be considered a service provider (the "Service Provider") in relation to such services and/or customers. Service Providers include, in particular, clients who:

1. Resell bandwidth to third parties as a host.
2. Operate user content sites such as forums, "tube" sites, review sites, and classified advertising sites on the internet.
3. Operate search engines.
4. Operate peer-to-peer file sharing networks.

7.7.2. Clients acting as a Service Provider for third party users must comply with the following provisions:

1. You must notify Us of all domains, web pages, or IP addresses for which you act as a service provider.
2. You must comply with 17 U.S.C. §512 DMCA by properly designating an agent to receive copyright infringement notices, and you must publish on the home page of any website for which you are a service provider a link to the DMCA copyright notice and takedown policy, specifying the designated agent of the website and relevant contact information.
3. For "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1), any DMCA notices relating to alleged infringement by a customer of a Peerobyte service provider must be sent directly to the DMCA agent designated by that customer.
4. You must provide us with a current link to your DMCA notice and takedown policy and notify us of any changes to the contact information of your designated agent. This is an ongoing obligation for as long as you use our Services.

7.7.3. The policy of Peerobyte is to provide any infringement notices that it receives in relation to Service Provider subscribers directly to the designated DMCA Agent of the subscriber, and to further notify any copyright claimants of the identity and contact information of that Agent. Failure to comply with this section will constitute a material breach of this Agreement.

7.7.4. In accordance with our DMCA policy and the obligations set out above, you understand, agree, and expressly authorise us to access and subsequently disable public access to any files or data located on a server, disk, partition, or other data space under your control if:

1. Such files or data were identified in a DMCA notice that substantially complies with § 512 of Title 17 U.S.C.
2. We become aware of facts or circumstances indicating that such files or data infringe copyrights or other intellectual property rights of third parties.

7.7.5. Considering that Our clients may use different file protection methods together with our Services, and seeking to avoid material disruption to Our Services of Our clients, You agree to provide Us with Your preferred procedure for disabling access to the materials specified in this provision.

7.7.6. If We send You a DMCA notice that substantially complies with the requirements and relates to content under Your control, You must, in accordance with the terms of this Agreement, immediately disable or remove access to such content.

7.7.7. Notwithstanding the foregoing, we reserve the right to disable or remove access to such content at our discretion and without any requirement of damage or harm on Your part.

7.7.8. Although We will attempt to disable access to such content only, without deleting it completely or suspending all services for Your Account, We make no guarantees regarding harm or damage to the content and reserve the right to take any necessary action to disable access to the identified material, including suspension or termination of services. Therefore, it is in your interest to respond promptly to any DMCA notices that you may receive.

7.7.9. If You or users of your site believe that such DMCA notice was sent by mistake or improperly, You must follow the counter-notice procedure set out in our Intellectual Property Policy and wait for the required period before We allow public access to the content to be restored.

7.8. Reviews and Suggestions

7.8.1. By providing ratings, suggestions for improvement, or new ideas for the Peerobyte Services by sending messages, comments, questions, or any other materials by any available method, including letter, email, or call (the "Feedback"), You agree that such Feedback is considered non-confidential and non-proprietary.

7.8.2. By providing Feedback, you irrevocably transfer to Peerobyte all rights, titles, and interests in the information contained in the Feedback, including all intellectual property rights, without any obligation to pay compensation.

7.8.3. You agree that Peerobyte receives an unlimited right to use, develop, license, market, and sell products or services that include information provided by You as part of the Feedback in any way that Peerobyte considers appropriate.

7.8.4. Peerobyte has no obligation to implement, display, reproduce, or distribute any information provided in Feedback or to include it in the Services, and You have no right to require such use or inclusion.

7.9. Peerobyte Forums

7.9.1. Peerobyte may offer various forums where You may post your observations and comments on specific topics.

7.9.2. Peerobyte is not responsible for user posts or for unlawful use by users of any content or information posted on Peerobyte forums.

7.9.3. Ideas and information that You share on Peerobyte forums may be used by other users. If you have an idea or information that you would like to keep confidential and/or do not want others to use, or that is subject to third party rights that may be infringed as a result of its distribution, do not post it on Peerobyte forums.

8. Intellectual Property Rights

8.1. Peerobyte Brand Assets and Services

8.1.1. The Services, and all related proprietary and intellectual property rights, including the functionality and design of the site, belong to Peerobyte or its licensors and will continue to belong to them.

8.1.2. Your acceptance of the terms of this Agreement and use of the Services do not grant You any rights other than the limited licence to use the Services presented below in this Agreement.

8.1.3. In particular, You receive no rights to use the trade name of Peerobyte or its licensors, logos, product and Service names, trade marks, or service marks. This Agreement does not imply any licences that are not expressly stated.

8.1.4. Breach of any terms results in immediate termination of Your licence, requiring You to stop using the Services and to delete 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 ready-made software, source code, data, documentation, as well as domain names, email addresses, other network addresses, and technical and procedural functionality and solutions developed or provided by Peerobyte or its suppliers.

8.2.2. As between You and Peerobyte, it is established that all rights, titles, and interests relating to the Materials provided to You by Peerobyte, including, without limitation, copyrights, trade secrets, patents, trade marks, and other intellectual property rights, belong to Peerobyte or are lawfully held by it under the relevant licences.

8.2.3. Peerobyte grants You a limited, revocable, non-transferable, and non-exclusive licence to use the Materials only for purposes connected with receiving the Services, under the terms of this Agreement. This licence automatically terminates upon expiry or termination of this Agreement.

8.2.4. You undertake 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 outside the terms of this Agreement is unauthorised and strictly prohibited.

8.2.6. If the assistance of a solicitor or other specialist is required to recover from you a penalty, another monetary amount, obtain an injunction against you, or where it is necessary to file a complaint with ICANN to transfer an infringing URL, you undertake to reimburse all related expenses, including, without limitation, legal services, travel expenses, costs, and other amounts, even if they exceed the amount of agreed damages. You acknowledge that even a nominal amount of damage may require significant expenses and agree to pay all these fees and expenses.

8.3. International Regulation and Export Control

8.3.1. You understand and agree that software, data, and other Materials provided as part of the Services may be subject to the laws and regulations of various governmental authorities worldwide, including, without limitation, the US Department of Commerce and the US Government, as well as similar authorities in other countries, which may impose restrictions on the export, re-export, or use of certain software and technologies in specific countries or by specific persons.

8.3.2. You undertake not to export, forward, use, or provide access to software, data, and other Materials provided to You to any persons and/or in any countries in breach of applicable US laws and regulations or any other applicable international treaties and national laws.

8.3.3. You are fully responsible for complying with all applicable laws and regulations governing export control, and for obtaining the necessary licences for export, forwarding, use, or access to software, data, and other Materials.

8.3.4. You also undertake to take into account and comply with local laws and regulatory requirements in the countries where the Services are used, including laws relating to the import, export, transfer, and use of technologies.

8.4. Government Rights

8.4.1. The software, data, and other Materials provided as part of the Services were developed with private funds and are classified as "commercial computer software" or "restricted computer software" in accordance with the Federal Acquisition Regulations (FARs), the Defense Federal Acquisition Regulation Supplement (DFARs), the European Union Electronic Procurement Directive, and any other similar regulations concerning government procurement of computer software.

8.4.2. Nothing in this Agreement should be interpreted as:

1. Granting any governmental authority a licence or other rights greater than those provided by law or regulation for commercial computer software developed entirely at private expense.
2. Limiting any rights of governments to any extensions or specialised solutions provided under this Agreement and developed with government funds.

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 Third Party Services, You understand and agree to the following:

1. You assume full responsibility for complying with terms related to the use of any Third Party Services, including the terms of their purchase or licensing ("Third Party Service Terms"), and You are fully responsible for obtaining and maintaining any Third Party Service at Your own expense, regardless of any assistance or information provided by Peerobyte.
2. No Third Party Service is considered a Service provided by Peerobyte, and any Third Party Service Terms are additional to this Agreement.
3. You undertake to pay independently all fees charged by the provider of any Third Party Service in accordance with the Third Party Service Terms applicable to it, 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.
4. All Third Party Services are provided "as is" without any warranties from Peerobyte, which is not responsible for any claims, losses, damage, or liability connected with the use of Third Party Services, regardless of any assistance or information provided by Peerobyte.
5. You, not Peerobyte, are solely responsible for Your compliance with the Third Party Service Terms.
6. 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 obliged to do so under the terms of an agreement with the provider of the Third Party Service.
7. You must comply with Peerobyte requirements to provide reports to providers of Third Party Services or to meet their requirements. However, Peerobyte is not obliged to monitor compliance with Third Party Service Terms.

9.1.3. If a provider of a Third Party Service finds that You do not comply with the Third Party Service Terms applicable to such third party Services, Peerobyte reserves the right to immediately suspend or terminate the provision of Services to You, Your access to any Third Party Service, or Your Account, without prior notice.

9.2. Third Party Sites and Links

9.2.1. As part of providing the Services, Peerobyte may suggest that you consider using Services or materials hosted on third party websites (a "Third Party Site").

9.2.2. By using Third Party Sites, You understand and agree to the following:

1. Third Party Sites may follow different privacy and security policies, adopt different terms of use, and apply separate user instructions and other regulatory documents (collectively, "Third Party Site Terms"), which may differ materially from Peerobyte policies and practices.
2. You undertake to comply with Third Party Site Terms.
3. Peerobyte is not responsible for any claims, losses, damage, or liability connected with Your interaction with Third Party Sites.
4. Each Third Party Site is provided by Peerobyte "as is", without any warranties from Peerobyte.
5. Peerobyte is not responsible for Third Party Sites and does not review them, including for reliability, accuracy, quality, or completeness of content, services, links, functionality, or any other activity conducted on or through Third Party Sites.
6. Peerobyte is under no circumstances responsible for any goods, services, information, resources, and/or content available on or through Third Party Sites, or for any harm, losses, or damage caused by Your use of a Third Party Site or reliance on its content or content available through it, or by the business practices of a Third Party Site.

9.2.3. Any links in the Services to third party sites, products, services, publications, institutions, or organisations of any third parties or organisations do not mean or imply approval or recommendation by Peerobyte.

10.Additional Provisions Concerning 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 data loss in connection with use of the Services. You are fully responsible for creating backups of Your User Content.

10.1.2. If, during 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 the subsequent recovery procedure.

10.1.3. We strongly recommend that You develop Your own backup procedure and periodically test file restoration from backup media to ensure that You are creating reliable backups.

10.1.4. If You want Peerobyte to provide you with backup services in addition to the Services provided under the terms of this Agreement, please contact Us. We offer many different backup solutions as an additional service to Our regular Services, and all such services are provided under a separate written agreement.

10.2. Resource Use

10.2.1. Peerobyte reserves the right to suspend the Services or disable Accounts if an Account places an excessive load on system resources. Peerobyte will notify You of temporary blocking of any Account that consumes an excessive amount of system resources, up to the point of reducing overall system performance.

10.3. Security

10.3.1. Any breach of the security of the Services is prohibited and may result in criminal and civil liability.

10.3.2. Unauthorised access to servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a breach of the terms of this Agreement and the Acceptable Use Policy. You agree not to engage in such activity and not to attempt to access Servers for the purpose of changing or manipulating hardware or software, compromising Servers, or any other unauthorised use known as "hacking".

10.3.3. If You are involved in a system security breach, We reserve the right to provide information about You to system administrators of other sites to assist in resolving security incidents, and to cooperate with any law enforcement authorities investigating criminal breaches of system security, cyber threats, or networks.

10.3.4. Any breach of these security provisions may, at Our discretion, be grounds for terminating your Account for cause as provided by the terms of this Agreement.

10.4. Bandwidth Use

Your monthly bandwidth limit is determined by the specific package to which You subscribed. If Your Account exceeds the monthly limit, we reserve the right to charge You a Payment for exceeding the limit.

10.5. Advertising

You grant us a non-exclusive, royalty-free, worldwide right and licence to add Your name, trade mark, and company logo (the "Customer Marks") to Our client lists, websites, and marketing materials for the purpose of identifying Your status as a client and/or user, as permitted by applicable law. You may opt out of such use by contacting Us at [email protected].

11.Liability Terms and Force Majeure

11.1. No Warranties

11.1.1. You expressly agree that use of the Services is entirely at Your own risk.

11.1.2. The 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, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

11.1.4. Except as expressly stated in this Agreement, Peerobyte gives no warranties that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error-free.

11.1.5. Peerobyte gives no warranties regarding the results that may be obtained from use of 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 advertising materials are considered promotional statements and not warranties. You understand and agree that any use by you of any materials and/or data downloaded or otherwise obtained as a result of using the Services is at Your own discretion and risk, and that You are fully responsible for any damage to Your computer system or loss of data arising 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 own 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 gives no warranties regarding 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, oral or written, obtained by You from Peerobyte or through the Services creates any warranties, implied, transferable, or otherwise, including, without limitation, any marketing or advertising materials describing the Services on the Peerobyte site.

11.1.10. Unless otherwise agreed in writing, Peerobyte does not back up Your website(s) as part of the Services. Accordingly, We recommend that you regularly back up Your website(s).

11.2. Force Majeure Circumstances

Peerobyte is not responsible for failure to perform its obligations in cases caused by the following circumstances:

1. Natural phenomena and disasters: earthquakes, floods, hurricanes, tornadoes, solar storms, volcanic eruptions, landslides, snowstorms, fires, and other extreme weather events and natural disasters.
2. Technological accidents and disasters: large-scale power and communication failures, explosions and releases of hazardous substances at industrial facilities, collapse of buildings and structures, mass failure of hardware and software, cyberattacks, including DDoS attacks and infection of systems with malicious code, as well as other technological accidents and disasters.
3. Political and social events: military actions, civil unrest, terrorist acts, strikes, lockdowns, and other political and social events.
4. Legal restrictions: sudden changes in legislation, prohibitions, and sanctions that unexpectedly affect the ability of the provider to provide services.
5. Epidemics and pandemics: the spread of infectious diseases that can seriously affect the work and staff of the company, as well as the work of suppliers and partners.
6. Other force majeure circumstances that are beyond the control of Peerobyte and that may prevent or seriously hinder performance by Peerobyte of its obligations.

11.3. Limitation of Liability

11.3.1. You are fully responsible for the content, operation, and security of Your online property and/or operation of Your business, as well as all other matters under Your control.

11.3.2. Under no circumstances is Peerobyte liable to You for any damage arising from or connected with the content, operation, or security of Your website and/or business, or the inability of Your website and/or business to operate.

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, without limitation, breach of Contract, tort, including, without limitation, 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, licensors, or any other party involved in creating, producing, or providing services, technologies, or content available in the Services (the "Affiliates") be liable to You:

1. For any decision, action, or omission made by You based on information provided through the Services.
2. For loss or inaccuracy of data, or the cost of procuring replacement goods, services, or technologies.
3. For any indirect, special, incidental, consequential, or punitive damages, including, without limitation, loss of income, lost profits, loss of reputation, interruption of business activity, or similar actions, even if Peerobyte was advised of the possibility of such damages.
4. For Your use of third party services.

11.3.5. The total aggregate and maximum liability of Peerobyte and the Affiliates arising out of or otherwise related to this Agreement (regardless of the form of action or claim) is limited to any amounts that You paid to Peerobyte during the six (6) months preceding the occurrence of the cause or causes of action.

11.4. User Interactions

11.4.1. You are fully 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 Your connections with other Users and, in certain circumstances, may prohibit You from contacting other Users through use of the Services or otherwise limit Your use of the Services.

11.4.3. Peerobyte reserves the right, but is not obliged, to monitor such disputes or participate in them in any way.

11.4.4. You will fully cooperate with Peerobyte in investigating any alleged unlawful, fraudulent, or improper actions, including, without limitation, by providing Peerobyte with access to any password-protected parts of your Account.

11.4.5. Peerobyte reserves the right to restrict, suspend, or close Your Account if Peerobyte, at its discretion, decides that this is necessary or in the interests of Peerobyte.

11.4.6. If a dispute arises between You and one or more Users, You release Peerobyte and its officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and actual and consequential damages of every kind and nature, known and unknown, arising from or in any way connected with such disputes.

11.5. Indemnification

11.5.1. You agree to indemnify, defend, and hold harmless Peerobyte and its Affiliates against any claims and liabilities, including reasonable fees of solicitors and experts, connected with or arising from:

1. Any breach by You of Your obligations under this Agreement.
2. Your use of the Services.
3. Any defamatory, damaging, or unlawful materials contained in Your User Content or Your information and data.
4. Any claims or allegations that Your Content, Your information and data, or Your use of any Third Party Services infringes patents, copyrights, or other intellectual property rights of third parties or infringes third party rights to privacy or publicity.
5. Access to or use by any third party of User Content or Your information and data.
6. Any breach of the requirements of the No Spam Policy and/or Intellectual Property Policy and/or Acceptable Use Policy.

11.5.2. If a claim is brought for the reasons named above in this section, Peerobyte has the right to choose a solicitor to defend against such claim. Peerobyte reserves the right, at its own expense, to participate in the defence of any matter that would otherwise be subject to indemnification by You, but is not obliged to do so. You must not settle any such claim or liability without prior written consent of Peerobyte, which must not be unreasonably withheld.

11.6. HIPAA Compliance Disclaimer

11.6.1. We expressly disclaim any representations or warranties that the Services offered by Peerobyte comply with the US federal Health Insurance Portability and Accountability Act ("HIPAA"). We state that Our Services do not comply with HIPAA requirements.

11.6.2. Users are solely responsible for compliance with applicable federal, state, or other local laws governing the privacy and security of personal data, including medical or other confidential data. Peerobyte does not control or monitor the information or data that You store or transmit using our Services.

11.6.3. You acknowledge that the Peerobyte Services may not be suitable for storing or controlling access to confidential data, such as information about children or medical information or health information. Therefore, Peerobyte is not and cannot be your business associate, subcontractor, or agent under HIPAA.

11.6.4. Clients who require secure storage of "Protected Health Information" under HIPAA are strictly 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 closing Your Account.

12.Dispute Resolution

12.1. Governing Law

12.1.1. This Agreement and any disputes that may arise between You and Peerobyte are governed by and interpreted in accordance with the laws of the Emirate of Dubai, United Arab Emirates.

12.1.2. You agree that any claims or disputes that You may have against Peerobyte must be resolved exclusively in the courts of the Emirate of Dubai, United Arab Emirates, except where the parties have agreed otherwise 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, United Arab Emirates, for the purposes of proceedings concerning all such claims or disputes.

12.2. Dispute Resolution Procedure

12.2.1. Before either party may proceed to Arbitration as provided below, the party must first send the other party written notice of the dispute ("Notice") describing the nature and basis of the claim or dispute and the relief requested. After receiving 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 begin arbitration proceedings as set out below.

12.3. Arbitration

12.3.1. You agree that Peerobyte may decide to resolve a dispute in a cost-effective manner through binding Arbitration (including non-appearance Arbitration).

12.3.2. If Peerobyte decides to use Arbitration, You hereby agree to submit all claims to the exclusive jurisdiction of the arbitration procedure, which will be initiated by an alternative dispute resolution service provider (collectively, "ADR") selected by Peerobyte.

12.3.3. The ADR service provider and the parties must comply with the following rules:

1. At the choice of Peerobyte, Arbitration will be conducted by telephone, online, and/or solely on the basis of written submissions.
2. Arbitration does not require the personal attendance of the parties or witnesses unless the parties agree otherwise, in which case the seat of Arbitration will be the Emirate of Dubai, United Arab Emirates.
3. The decision issued by the arbitrator may be submitted to any court of competent jurisdiction. Arbitration expressly excludes claims for injunctions or other remedies.

12.3.4. Arbitration claims include, but are not limited to, contractual and tort claims of all kinds, as well as all claims based on any federal, state, or local law, statute, or regulation, except only claims under applicable workers compensation law, unemployment insurance claims, intellectual property claims, claims for injunctions, attachment, recovery, and other remedies.

12.3.5. Arbitration must be conducted in the Emirate of Dubai, United Arab Emirates, and carried out by one arbitrator competent in the subject matter of the dispute.

12.3.6. Except as provided below, the party filing the claim is responsible for payment of all Arbitration costs, including the arbitrator fee.

12.3.7. Each party bears its own costs for legal services (except where the matter concerns debt collection, in which case the prevailing party is awarded payment of legal services, all Arbitration costs, and the arbitrator fee, in addition to all other applicable remedies).

12.3.8. The arbitrator has no right to award any punitive or exemplary damages, certify a class action, add any parties, modify or ignore the provisions of this Agreement, and must be guided by valid and applicable law.

12.3.9. The arbitrator must be prepared to take an oath of neutrality.

12.3.10. The arbitrator must issue a written opinion setting out all material facts and the grounds for the decision within thirty (30) days after completion of the arbitration proceedings.

12.4. Waiver of Jury Trial and Class Actions

12.4.1. You hereby waive Your constitutional and statutory rights to go to court and have the case heard by a judge or jury.

12.4.2. If litigation arises between You and Peerobyte in any court in an action to set aside or enforce an arbitration award or otherwise, You waive all rights to a jury trial and instead prefer that the dispute be resolved by a judge.

12.4.3. All claims and disputes under these terms must be considered in Arbitration or in court on an individual basis and not on a class basis, and claims of more than one user may not be considered in Arbitration or in court jointly or consolidated with claims of any other user.

12.5. Waiver of Rights for California Residents

If You are a resident of the State of California, You hereby waive the rights granted to you by §1542 of the California Civil Code. In particular, You waive any claims and rights to compensation for losses whose existence You did not know and could not have known at the time this Agreement entered into force. This means that You will not be able to bring claims in the future connected with facts or circumstances unknown to You at the time this Agreement entered into force, even if such information later becomes known and could have had a material effect on Your decision.

12.6. California Consumer Rights Notice

In accordance with §1789.3 of the California Civil Code, California users are entitled to the following consumer rights notice:

The Services are provided by VIRTUAL NETWORK LAB L.L.C FZ.

If you have questions or complaints regarding the Services, please contact Peerobyte customer support at [email protected].

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at: Department of Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834; by telephone at (800) 952-5210; for hearing-impaired persons at 711 or 1-800-735-2929 (TTY); through the California Relay Service at 1-800-735-2922 (Voice); or online via the California Department of Consumer Affairs Complaints page at https://www.dca.ca.gov/consumers/complaints/.

13.Contact Details

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

We use different email addresses corresponding to specific topics or departments to process incoming electronic correspondence. To receive a response to Your request faster, 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 unacceptable content: [email protected].

Unsubscribe from mailing lists: [email protected].