Terms & Conditions

Contents

General
1.1 Scope
1.2 Reservation of Changes

Conclusion of Contract
2.1 Placing an Order
2.2 Scope of Services
2.3 Creditworthiness and Security Deposit

Customer’s Obligations
3.1 Use of the Service
3.2 Data Security
3.3 Obligation to Cooperate

Domain Registration

IP-Traffic
5.1 Scope of Service
5.2 Definitions
5.3 Charges
5.4 Return of IP Addresses

Colocation
6.1 Scope of Service
6.2 Customer’s Obligations
6.3 Granting of Third-Party Usage Rights
6.4 Termination for Cause

Additional Services
7.1 Scope of Service
7.2 Billing
7.3 Liability

Fees and Payment
8.1 Applicable Fees
8.2 Payment Terms
8.3 Consequences of Default
8.4 Objections

Warranty
9.1 General
9.2 Disruptions

Liability
10.1 Compensation
10.2 Customer’s Duty to Mitigate Damages
10.3 Responsibility for Communication Content

Term of Contract and Termination
11.1 Term and Termination by Notice
11.2 Termination for Cause

Confidentiality

Data Protection

Final Provisions

General

1.1 Scope
METRO CLOUD Provider GmbH (hereinafter referred to as “METRO CLOUD”) provides all services exclusively under the following General Terms and Conditions. By placing an order or accepting the service, the customer acknowledges these General Terms and Conditions. The applicability of deviating terms and conditions is excluded, even if METRO CLOUD does not expressly object to them, and this even if METRO CLOUD provides the service. These conditions apply to all future legal transactions, even without renewed inclusion.

1.2 Reservation of Changes
METRO CLOUD is entitled to change or supplement the General Terms and Conditions, price lists, and service descriptions at any time. Changes will be communicated to the customer by post or email. If the customer does not object in writing within six weeks of receiving the notification of changes, the changes are deemed approved and will apply to existing contractual relationships. The current General Terms and Conditions can be viewed on METRO CLOUD’s websites (www.metro-cloud.com) or requested from METRO CLOUD by the customer.

Conclusion of Contract

2.1 Placing an Order
All offers from METRO CLOUD, including the associated documents, are non-binding and subject to change. A contract for the provision of a specific service is only concluded when METRO CLOUD accepts the customer’s order through a written order confirmation or performs acts of performance.

2.2 Scope of Services
The content and scope of the service result from the accepted order, including the associated documents. All obligations of performance by METRO CLOUD are subject to the condition that all relevant obligations and duties of the customer regarding the service to be provided are fulfilled in a timely, complete, and adequate manner. METRO CLOUD is entitled to use third parties as agents in the performance of services. The customer is granted a right of use corresponding to the purpose of the service for the duration of the claim to the service. All other rights remain with METRO CLOUD. In the sale of objects, METRO CLOUD reserves ownership until full payment of the purchase price. Voluntary, contractually non-agreed services of METRO CLOUD can be discontinued at any time and without special notice. Claims for performance or damages by the customer are excluded in this regard.

2.3 Creditworthiness and Security Deposit
The provision of services requires the creditworthiness of the customer. METRO CLOUD reserves the right to check the customer’s creditworthiness before or after accepting the order. METRO CLOUD is entitled to request reasonable security from the customer in the form of advance payments, a deposit, or the presentation of a guarantee from a credit institution domiciled in Germany as a prerequisite for accepting an order. If security is not provided within a period of two weeks after request, METRO CLOUD may refuse to provide the service.

Customer’s Obligations

3.1 Use of the Service
The customer is obliged to use the service within the framework of its contractual agreements and legal requirements without abuse. This includes refraining from interfering with the network of METRO CLOUD or other networks; not using installations or applications that may impair the physical or logical structure of the networks or facilities used. METRO CLOUD reserves the right to install and use appropriate measures to prevent abusive use or to require the customer to install and use such measures. The customer acts on his own responsibility and is liable for all charges incurred in connection with the service, even if these charges arise due to or as a result of fraudulent or unauthorized use of the service, unless the customer is not responsible for such use. The customer indemnifies METRO CLOUD from any liability to third parties due to abusive use. A user identification

obtained for the purpose of accessing the service from METRO CLOUD must be kept strictly confidential. Persons using the customer’s user identification for the purpose of making statements concerning the contractual relationship are deemed authorized by the customer to make the respective statement to METRO CLOUD.

3.2 Data Security
The customer is obliged to inform himself about recognized principles of data security and the risks of misuse and loss of data and to follow them. It is the customer’s responsibility to perform up-to-date and complete data backups, with data and programs not being backup-stored on the server on which they are stored.

3.3 Obligation to Cooperate
The customer is obliged to cooperate to the extent necessary or useful for the processing of the order and reasonable and, considering the interests of both contracting parties, to the extent reasonable. In particular, the customer must always provide a valid email address for communications from METRO CLOUD and regularly retrieve incoming messages there. Messages sent by METRO CLOUD to the customer’s provided email address are deemed received when the receiving mail server has accepted the message. If services of the customer or third parties or approvals of third parties are required for the provision of services by METRO CLOUD (e.g., hardware, software, electricity, floor space, access to premises), these are considered as advance services by the customer. For the duration of the contract, the customer must provide and maintain these services at his own expense to the extent required and maintain them. If the customer does not provide the necessary advance services for the provision of the service by METRO CLOUD, the customer is obliged to pay for the service from the time when METRO CLOUD could have provided it properly if the customer’s obligations had been fulfilled.

Domain Registration

In the procurement and maintenance of domains, METRO CLOUD acts merely as an intermediary between the customer and the respective domain allocation organization. METRO CLOUD has no influence on the domain allocation. METRO CLOUD does not warrant that the domains applied for by the customer will be allocated or that allocated domains are free from third-party rights or will remain in existence in the long term.
The customer guarantees that the domains requested by him do not infringe third-party rights. The customer indemnifies METRO CLOUD, its agents, and the respective domain allocation organizations from any claims by third parties as well as all expenses resulting from the unauthorized use of an Internet domain by the customer or with the customer’s consent.

IP-Traffic

5.1 Scope of Service
IP traffic services include the provision of one or more connections to the METRO CLOUD network, which grant access to the METRO CLOUD network and the Internet. IP traffic services are generally provided via Ethernet interfaces. The customer is entitled to use the IP traffic service described in the accepted order, including the associated documents.

5.2 Definitions
5.2.1 IP Traffic
The data traffic received or transmitted by the customer, regardless of its origin, from or to the METRO CLOUD network.

5.2.2 Main Connection (Uplink Port)
The connection specified in the respective order, including the associated documents, configured for the reception and transmission of the customer’s IP traffic.

5.2.3 Backup Connection (Backup Uplink Port)
The connection specified in the respective order, including the associated documents, configured for the reception and transmission of the customer’s IP traffic when the customer’s main connection is not available.

5.2.4 Received IP Traffic
The IP traffic received by the customer, regardless of its origin, from the METRO CLOUD network.

5.2.5 Transmitted IP Traffic
The IP traffic transmitted by the customer, regardless of its origin, to the METRO CLOUD network.

5.3 Charges
5.3.1 General
Charges for IP traffic consist of four components: a one-time provisioning fee; a monthly connection fee; a monthly usage fee, determined based on a minimum usage quantity; a usage-dependent fee, calculated if the minimum usage quantity is exceeded in the respective month. Usage fees are billed based on one of the following billing models:

5.3.2 Gigabyte Billing
Billing is based on the measurement of received and transmitted IP traffic by the customer, in gigabytes.

5.3.3 Bandwidth Billing
95% Billing: The IP traffic received and transmitted by the customer is determined by sampling at intervals of five minutes for the preceding five minutes. The highest 5% of the measured samples are disregarded at the end of the billing period. The highest remaining value is used for billing. Average Billing: The IP traffic received and transmitted by the customer is determined by sampling at intervals of five minutes for the preceding five minutes. An arithmetic mean is calculated for all samples collected during the billing period and used for billing.

5.3.4 Flatrate Billing
All charges for IP traffic are included in the monthly usage fee in flatrate billing. The calculation of a usage-dependent fee is omitted.

5.4 Return of IP Addresses
If METRO CLOUD assigns one or more IP addresses to the customer in the course of providing the IP traffic service, these, if desired and legally permissible by METRO CLOUD, are to be returned to METRO CLOUD after termination of the respective service, for whatever reason. The customer must then cease using the IP addresses. After termination of the service, METRO CLOUD may assign the IP addresses to another user at any time.

Colocation
6.1 Scope of Services

6.1.1 General
METRO CLOUD provides data centers where the customer has the opportunity to install and operate their own or rented telecommunications facilities (hereinafter referred to as Colocation). The customer is entitled to use the Colocation services described in the accepted order, including the associated documents.

6.1.2 Colocation Area
The colocation area corresponds to a computer room equipped with comprehensive security measures to provide a suitable operating environment for the customer’s telecommunications facilities. The customer is only entitled to use the colocation area for the operation and accommodation of telecommunications facilities. These facilities can be interconnected either with the METRO CLOUD network or, subject to prior written consent from METRO CLOUD, with the networks of other telecommunications providers. Unless expressly agreed otherwise, the colocation area is handed over “as is” and accepted by the customer. METRO CLOUD makes no representations regarding the suitability of the colocation area for the customer’s intended use.

6.1.3 Access to the Colocation Area
METRO CLOUD grants the customer access to the colocation area 24 hours a day, 7 days a week, to the extent necessary. Customer access to the colocation area, accompanied by a METRO CLOUD employee, is billed as remote hands service. If the customer has been provided with their access card, key, or similar for access to the colocation area, unaccompanied access is possible 24 hours a day, 7 days a week, without prior notification. METRO CLOUD will provide and maintain the card readers, scanning devices, and/or other security devices required for access to the colocation area. Under no circumstances is the customer entitled to hold a door open or bypass the security measures implemented by METRO CLOUD for access to the colocation area in any other way. The customer is responsible for accompanying persons and liable for their behavior. If unauthorized persons gain access to the colocation area due to actions or omissions of the customer or with the help of access cards, keys, or similar items provided to the customer, the customer is responsible for any resulting damages. The customer is responsible for replacing access cards, keys, or other access and security devices provided to them that are lost or stolen, unless the customer can demonstrate that they are not at fault for the loss. If the customer has reason to believe that an unauthorized person may have gained access to the colocation area, METRO CLOUD will, upon the customer’s request and in the presence of a METRO CLOUD employee, provide access to the video surveillance system’s records, if possible. In addition, upon written request, METRO CLOUD will provide the customer with a copy of the access log for the colocation area. METRO CLOUD reserves the right to access the colocation area at any time.

6.1.4 Change of Location or Equipment
METRO CLOUD reserves the right to change the location or equipment of the colocation at its own expense. However, METRO CLOUD will not arbitrarily demand such changes to the detriment of the customer. The parties undertake to work together to minimize disruptions caused by changes.

6.1.5 Maintenance and Upkeep
METRO CLOUD will take care of building services, maintenance of systems to maintain environmental conditions, maintenance of power supply facilities, and any other measures necessary to maintain the colocation in good condition suitable for accommodating telecommunications facilities.

6.1.6 Custody of Customer Equipment
METRO CLOUD may enter into an agreement with the customer for the free custody of telecommunications equipment intended for placement on the colocation area. Such custody is possible no earlier than 45 days before the planned provision date of the colocation services. None of the documents issued in connection with the free custody are to be regarded as a warehouse receipt. METRO CLOUD’s liability in connection with the free custody is limited to intent and gross negligence. If the custody exceeds the period of 45 days, METRO CLOUD is entitled to return the customer’s equipment at the customer’s expense.

6.1.7 Price Changes
All prices are subject to possible fluctuations in METRO CLOUD’s purchase price. If a supplier changes the price to METRO CLOUD, METRO CLOUD is entitled to pass on the price change, in the form of an increase or decrease, to the customer after prior written notice. This applies in particular, but not exclusively, to the price of the colocation area and the price of the electricity supplied to the colocation area.

6.1.8 Year-End Settlement of Power Supply
The agreed prices include a calculated electricity price at the time of contract conclusion. The electricity price relevant for billing will be adjusted retroactively by the supplier after the end of the calendar year for the completed calendar year. METRO CLOUD is entitled to pass on any resulting price changes, in the form of an increase or decrease, retroactively to the customer.

6.2 Customer Responsibilities
6.2.1 Use of the Colocation Area
The customer must keep the colocation area at all times in an orderly and secure condition and return it to METRO CLOUD in the condition, apart from normal wear and tear, in which it was provided to them, after the expiration of the agreed upon contract term. The customer commits to using the colocation area for housing and operating telecommunications facilities no later than six months after its operational readiness. If no use occurs within this period, METRO CLOUD is entitled to demand the return of the unused parts of the colocation area. The customer must make the requested colocation area available. The fee to be paid by the customer will be adjusted accordingly. The customer has no claims for refunds regarding the returned colocation area. The customer agrees to comply with all usage conditions, access rules, and security measures regarding the colocation and colocation area made known through posting or other means.

6.2.2 Installation of Customer Equipment
All equipment installed by the customer must comply with DIN, DIN EN, and VDE guidelines. The customer agrees to test equipment for proper functioning before connecting it to the power supply and ensure that the equipment cannot adversely affect METRO CLOUD’s supply facilities. The customer is obligated to draw the electrical energy necessary for the operation of their equipment exclusively from the allocated power supply facilities. Connecting external equipment that does not correspond to the intended operation on the colocation area to the critical power supply is prohibited. Only circuits labeled as such in the non-critical power supply are to be used for operating tools or cleaning devices. The customer is only entitled to install cabling for their equipment within their leased premises.

6.2.3 Removal of Customer Equipment
The customer must remove all customer equipment from the colocation area within two calendar days after the agreed upon term expires or termination. Scal­eUp may assert a right of retention with respect to the return of customer equipment still in the possession of METRO CLOUD until the customer has reimbursed METRO CLOUD for all extraordinary expenses incurred in connection with disconnecting, removing, and storing, and has settled all outstanding claims. METRO CLOUD is not liable for losses or damages incurred by the customer in this regard, unless such losses or damages are attributable to intent or gross negligence.

6.2.4 Climate Control
During the installation of equipment in the colocation area, adequate air supply and exhaust, especially within a rack, must be ensured. The customer is responsible for eliminating heat build-up due to excessive or improper installation.

6.2.5 Power Supply
The customer may not exceed the agreed maximum power consumption parameters on the colocation area. If the customer exceeds these maximum power consumption parameters, METRO CLOUD no longer guarantees power supply for the colocation area and is entitled to disconnect the affected connections. A higher power consumption, if available, can be obtained for an additional fee by agreement with METRO CLOUD. However, METRO CLOUD reserves the right to refuse a higher power consumption considering the overall energy ratio in the data center.

6.2.6 Insurance
Before and during the use of the colocation area, the customer will maintain comprehensive general liability insurance for personal and property damage in the amount of at least €1,500,000.00 per occurrence, and an electronics insurance with all-risk coverage for all items they install and operate on or in the colocation area that are not owned by METRO CLOUD. METRO CLOUD is entitled, but not obliged, to request submission of the corresponding insurance policies from the customer.

6.3 Granting of Third-Party Usage Rights
The customer is entitled to grant third parties the right to use the colocation. The following conditions apply: METRO CLOUD must provide written consent in advance to the granting of usage rights to the relevant third party; the customer ensures that each of these third parties complies with all provisions of these service conditions, including the associated orders and other documents; the customer agrees to indemnify and hold METRO CLOUD harmless from any claims made against METRO CLOUD due to an act or omission of the third party or their agents and to defend the asserted claims at their own expense; each third party is considered an agent or representative of the customer, and all actions and omissions of the third party as well as the use of the colocation services by the third party are attributed to the customer. The granting of third-party usage rights does not release the customer from their contractual obligations to METRO CLOUD. If the customer grants a third party the right to use the colocation without prior written consent from METRO CLOUD and does not cease this within a period of five calendar days after written warning from METRO CLOUD, METRO CLOUD may terminate the customer’s usage rights regarding the portion of the colocation service allocated to the third party without notice. The housing and operation of telecommunications facilities as well as hosting on behalf of third parties who do not themselves receive access to the colocation area do not constitute the granting of third-party usage rights and are permitted to the customer even without explicit consent from METRO CLOUD.

6.4 Termination for Cause
METRO CLOUD is entitled to terminate the customer’s right to use the colocation services without notice in the following cases: if METRO CLOUD’s right to use the colocation expires or is terminated for any reason not attributable to a breach of contract; if the customer makes significant changes to the colocation area without obtaining prior written consent from METRO CLOUD; if the customer grants access to the colocation area to employees or contractors who were not previously authorized by METRO CLOUD for this purpose; if the customer violates any usage, access, or security rules communicated to them regarding the colocation and/or colocation area. Provided that other customers are not affected thereby, METRO CLOUD will issue a written warning to the customer before terminating without notice and give them the opportunity to remedy the violation within 10 calendar days.

Supplementary Services

7.1 Scope of Services
7.1.1 General
ME­TRO CLOUD supports the planning, implementation, and operation of the customer’s IT infrastructure and provides supplementary services in this context. Supplementary services require a separate written order from the customer. In exceptional cases, oral orders may be accepted from the customer.

7.1.2 Remote Hands
Remote Hands are maintenance and support services provided on-site at the colocation facility. The customer can engage Remote Hands for their telecommunications equipment operated on the colocation premises. Remote Hands will be provided according to the wishes and instructions of the customer. ME­TRO CLOUD is not responsible for the repair, configuration, or setup of customer equipment.
Services provided under Remote Hands include:
– Assisting with the relocation of IT systems
– Powering on or off systems
– Soft and hard reboot of IT systems, with guidance through the boot process
– Inserting and removing data storage media (CDs, DVDs, disks, tapes)
– Visual inspection of customer equipment
– Typing commands on a keyboard console under telephone or written guidance
– Monitoring, describing, or reporting key indicators
– Installation and modification of IT systems and network components
– Cabling of IT components and network patching
– Assistance under the supervision of lead system administrators or specialists
– Receiving and inventorying equipment
– Documentation, labeling, or marking of equipment
– Creating schematic technical drawings of customer environments

7.2 Billing
Remote Hands services will be billed according to the current price list.

7.3 Liability
The customer bears full responsibility for risks arising from work performed by ME­TRO CLOUD personnel on customer premises or at the customer’s request. Liability claims against ME­TRO CLOUD are expressly excluded, except in cases of intentional or grossly negligent behavior.

Fees and Payment

8.1 Incurred Fees
The customer is obligated to pay all incurred fees from the time of operational readiness. The amount of fees depends on the agreements in the respective order, including associated documents, or can be found in ME­TRO CLOUD’s price list. Unless otherwise stated, all fees are in Euros plus VAT and any other applicable taxes, fees, duties, or surcharges levied by the customer due to or in connection with the provision of services, sale, or use. One-time and recurring fixed fees will be invoiced to the customer in advance, while usage-dependent variable fees will be invoiced retrospectively. If a fee is payable for parts of a month, a pro-rated calculation based on 1/30 per day will be applied. ME­TRO CLOUD is entitled to activate a domain only after receiving payment for the agreed registration fee.

8.2 Payment Terms
Each invoice becomes due upon receipt and must be paid in full without deduction. If the invoice amount is not credited to the account specified in the invoice within 14 calendar days from the invoice date, the customer is in default of payment. If a different payment deadline is specified in the invoice, default occurs after the expiration of that deadline. Unless explicitly agreed otherwise, the customer grants ME­TRO CLOUD a direct debit authorization for incurred fees. In the event of a chargeback attributable to the customer, ME­TRO CLOUD will charge a processing fee of €5.00 plus bank charges per chargeback. If the customer does not use the direct debit procedure (e.g., cash payment, bank transfer, check), ME­TRO CLOUD is entitled to charge a processing fee of €5.00 per invoice. The customer can only set off claims against ME­TRO CLOUD with undisputed or legally established counterclaims arising from the same legal relationship.

8.3 Consequences of Default
In case of payment default, the customer is obligated to pay default interest of 9 percentage points above the applicable base interest rate, unless ME­TRO CLOUD demonstrates a higher default damage. A processing fee of €2.50 will be charged for each reminder. If the customer defaults on payment, ME­TRO CLOUD is entitled, after written notice of suspension with a 14-day deadline, to deny access to the service or suspend the service until full payment is received. In this case, the customer remains obligated to continue paying the agreed fees.

8.4 Objections
Objections to invoices from ME­TRO CLOUD must be raised in writing. Invoices are considered approved by the customer if they are not objected to within six weeks of receipt. Timely dispatch of the objection is sufficient to meet the deadline. Legal claims of the customer regarding objections after the deadline remain unaffected by this regulation.

Warranty

9.1 General
ME­TRO CLOUD warrants that the service complies with the specifications listed in the respective order, including associated documents. ME­TRO CLOUD provides its service according to recognized industry standards and practices. No quality guarantees or assurances are agreed upon.

9.2 Disruptions
Disruptions will be promptly rectified within the technical and operational capabilities. If a disruption within the control of ME­TRO CLOUD lasts longer than 24 hours, the customer is entitled to a partial reduction of the recurring fixed fee for the disrupted service. Disruptions caused by factors outside the control of ME­TRO CLOUD are not the responsibility of ME­TRO CLOUD. These include force majeure events, third-party service failures, such as network or power outages at third-party facilities, labor disputes, including those in third-party operations, as well as governmental actions or court orders, etc. ME­TRO CLOUD will be relieved of its obligation to provide services and any liability in such cases. If providing the service due to a disruption outside the control of ME­TRO CLOUD requires unreasonable effort, ME­TRO CLOUD is entitled to refuse service for the duration of the disruption and a reasonable grace period.
ME­TRO CLOUD does not guarantee its service if disruptions result from a breach of the customer’s obligations, the customer’s technical equipment, or inappropriate, improper, or faulty use of the service. If the customer is responsible for such a disruption at ME­TRO CLOUD, ME­TRO CLOUD is entitled to invoice the customer for the costs incurred by the disruption and its resolution. Further claims for damages remain unaffected.
As part of efforts to remedy disruptions, prevent them, or adapt the service to technical and economic developments, ME­TRO CLOUD may temporarily interrupt or otherwise restrict its service. Unless urgent disruption mitigation measures are required, ME­TRO CLOUD will notify the customer of any scheduled interruptions two business days in advance. Scheduled interruptions will, wherever possible, be scheduled between 00:00 and 06:00 local time at the customer’s workplace. ME­TRO CLOUD will only carry out interruptions or restrictions to its service to the extent that they are immediately necessary for technical reasons without special notice to ensure proper operation.

Liability

10.1 Compensation
ME­TRO CLOUD is liable for damages, regardless of the legal basis, only if the damage was caused by grossly negligent or intentional breach of duty, or is based on the violation of an essential contractual obligation. Liability due to mandatory legal provisions remains unaffected. In the case of simple negligent violation of essential contractual obligations, ME­TRO CLOUD’s liability is limited in amount to the typically foreseeable damage. Liability for the simple negligent violation of other duties is excluded. Liability is also excluded to the extent that damages arise from disruptions or failures outside the control of ME­TRO CLOUD. This particularly applies to damages attributable to errors and defects in products of third parties provided by ME­TRO CLOUD as part of its service, unless the error or defect should have been recognized before the service was provided by ME­TRO CLOUD. ME­TRO CLOUD’s liability for pecuniary damages arising from the provision of telecommunications services to the public is limited to €12,500.00 per customer according to §44a, sentence 1, Telecommunications Act. This also applies to all other pecuniary damages caused by slight negligence. ME­TRO CLOUD’s liability to the entirety of affected customers is limited to €250,000.00 per damaging event, and to a maximum of twice this amount per year. If the compensations owed by multiple customers for the same event exceed the maximum limit, the compensation will be reduced in proportion to the ratio of the sum of all compensation claims to the maximum limit. Liability of ME­TRO CLOUD for consequential and indirect damages, e.g., lost profits, missed savings, and other indirect damages, is excluded. ME­TRO CLOUD’s liability is further limited to the coverage of its insurance services.

10.2 Customer’s Duty to Mitigate Damages
ME­TRO CLOUD is not liable for damages to the extent that the customer has contributed to their occurrence or could have prevented them by considering their contractual obligations or duties, especially through data backups, sufficient instruction of the respective user, and their own security precautions. In case of doubt, the customer has to provide evidence of fulfilling these obligations. Liability is excluded to the extent that the incurred damage is insurable and is typically insured by the customer’s insurance in the customer’s sphere of commerce.

10.3 Responsibility for Communication Content
To the extent that ME­TRO CLOUD provides access to third-party content, ME­TRO CLOUD assumes no liability for the transmitted information and data. ME­TRO CLOUD neither provides nor controls the information, services, opinions, or other content of the Internet. If the customer offers content using ME­TRO CLOUD’s service, they are solely responsible for the offered content. All content of the customer is considered third-party content by ME­TRO CLOUD. The customer indemnifies ME­TRO CLOUD from any claims by third parties resulting from the illegality of the offered content. ME­TRO CLOUD may block access to unlawful content at any time without notice.