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NETWORK-TOU.md
# ORBS NETWORK TERMS OF USE
These Terms of Use (“__Terms__”) are a multi-party contract among you and all other participants in the current and future decentralized, blockchain infrastructure-as-a-service network, branded “Orbs” and made available in open source code form at the GitHub repository locates at [https://github.com/orbs-network](https://github.com/orbs-network) (the “__Network__”), including without limitation the Network’s: (1) consensus-based decentralized computing services, (2) consensus-based decentralized storage services, (3) consensus-as-a-service services, and (4) security, governance and operation model, all of which are provided on or by way of the Network (collectively, the “__Services__”). The Network operates using cryptocurrency tokens to be used exclusively in connection with the Network (“__Orbs Tokens__”). These Terms apply to all participants in the Network, including: (i) developers (both individuals and entities) that will run decentralized applications over the Network (“__Developers__”); (ii) the individuals and entities that are the end-users of such applications or that otherwise interact directly or indirectly with the Network (“__End-Users__”); (iii) the servers that participate in the consensus process and provide the actual compute and storage resources to execute Developers’ applications on top of the Network’s blockchain infrastructure (“__Validators__”); (iv) the persons and entities that, under the Network’s security, governance and operation model, review Validators, monitor their operations and approve and elect Validators (“__Guardians__”); (v) holders of Orbs Tokens (“__Token Holders__”); and (vi) any and all entities and persons who created and/or initially sold Orbs Tokens and their respective current or future subsidiaries, affiliates, directors, officers, employees, agents, representatives, and any other person or entity with any involvement in the Network’s reserve allocation or in developing software underlying the Network, in each case, or any other such person or entity, including without limitation Orbs Ltd. (collectively, the “__Subject Persons__”). All users of and participants in the Network, including Guardians, Validators, Developers and End-Users will collectively be referred to as “__you__” or “__your__.” Your use of and access to the Network and any Services or applications available on the Network, and any information, text, photos, graphics, videos, idea, concept, discovery, invention, development, technology, algorithm, program, code, documentation or other material or information available on or through the Network is subject to these Terms.
These Terms of Use (“<u>Terms</u>”) are a multi-party contract among you
and all other participants in the current and future decentralized,
blockchain infrastructure-as-a-service network, branded “Orbs” and made
available in open source code form at the GitHub repositories located at
https://github.com/orbs-network (the “<u>Network</u>”), including
without limitation the Network’s: (1) consensus-based decentralized
computing services, (2) consensus-based decentralized storage services,
(3) consensus-as-a-service services, and (4) security, governance and
operation model, all of which are provided on or by way of the Network
(collectively, the “<u>Services</u>”). The Network operates using
cryptocurrency tokens to be used exclusively in connection with the
Network (“<u>Orbs Tokens</u>”). These Terms apply to all participants in
the Network, including: (i) developers (both individuals and entities)
that will run decentralized applications over the Network
(“<u>Developers</u>”); (ii) the individuals and entities that are the
end-users of such applications or that otherwise interact directly or
indirectly with the Network (“<u>End-Users</u>”); (iii) the persons and
entities that utilize servers to participate in the consensus process
and provide the actual compute and storage resources to execute
Developers’ applications on top of the Network’s blockchain
infrastructure, and, under the Network’s security, governance and
operation model, review and monitor the operations of the Network and
secure the Network, including by voting in Guardian elections based on
the Network’s protocol in which voting power is proportionate to the
number of Orbs Tokens associated with such Guardian
(“<u>Guardians</u>”); (iv) holders of Orbs Tokens (“<u>Token
Holders</u>”); and (v) any and all entities and persons who created
and/or initially sold Orbs Tokens and their respective current or future
subsidiaries, affiliates, directors, officers, employees, agents,
representatives, and any other person or entity with any involvement in
the Network’s reserve allocation or in developing software underlying
the Network, in each case, or any other such person or entity, including
without limitation Orbs Ltd. (collectively, the “<u>Subject
Persons</u>”). All users of and participants in the Network, including
Guardians, Developers and End-Users will collectively be referred to as
“<u>you</u>” or “<u>your</u>.” Your use of and access to the Network and
any Services or applications available on the Network, and any
information, text, photos, graphics, videos, idea, concept, discovery,
invention, development, technology, algorithm, program, code,
documentation or other material or information available on or through
the Network is subject to these Terms.
These Terms are a legal agreement, and they contain important information on your legal rights, remedies and obligations. You may use the Network only if you can form a binding contract.
These Terms are a legal agreement, and they contain important
information on your legal rights, remedies and obligations. You may use
the Network only if you can form a binding contract.
Please read and review these Terms carefully.
Please read and review these Terms carefully.
If you are using the Network as a natural person, by using the Network (i) you agree that you have read, understood and are bound by these Terms; (ii) you will comply with all applicable laws, regulations, rules and policies; and (iii) you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and are of the minimum age required by the law of your jurisdiction to engage in activity of the type you will engage in on the Network, including entering into a binding agreement to abide by these Terms. You also agree that your access to and use of the Network is a valuable benefit that you receive by agreeing to and complying with these Terms. If you do not agree to these Terms, you may not access or use the Network.
If you are using the Network as a natural person, by using the Network
(i) you agree that you have read, understood and are bound by these
Terms; (ii) you will comply with all applicable laws, regulations, rules
and policies; and (iii) you represent that you are an adult and have the
legal capacity to enter a contract in the jurisdiction where you reside,
and are of the minimum age required by the law of your jurisdiction to
engage in activity of the type you will engage in on the Network,
including entering into a binding agreement to abide by these Terms. You
also agree that your access to and use of the Network is a valuable
benefit that you receive by agreeing to and complying with these Terms.
If you do not agree to these Terms, you may not access or use the
Network.
If you are using the Network as a natural person representing a legal entity, by using the Network, in addition to the foregoing undertakings, you represent and warrant on behalf of such entity that: (i) you are authorized to act on the Network on behalf of such entity, including accepting these Terms; (ii) such entity is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; (iii) such entity has all requisite power and authority to enter into these Terms and to consummate the transactions contemplated hereby; (iv) such entity has duly and properly taken all corporate acts and other proceedings required to be taken to authorize the execution and performance of these Terms and to consummate the transactions contemplated hereby; (v) such entity is in compliance with all applicable laws and will not use the Network for or in connection with any unlawful act or purpose; and (vi) the use and operation of any content and materials that such entity may contribute to the Network does not and will not infringe, misappropriate or conflict with any Intellectual Property or other right of any third party. If you do not agree to these Terms and such entity is not able to make the foregoing representations and warranties, you may not use or access the network.
If you are using the Network as a natural person representing a legal
entity, by using the Network, in addition to the foregoing undertakings,
you represent and warrant on behalf of such entity that: (i) you are
authorized to act on the Network on behalf of such entity, including
accepting these Terms; (ii) such entity is duly organized, validly
existing and in good standing under the laws of the jurisdiction of its
formation; (iii) such entity has all requisite power and authority to
enter into these Terms and to consummate the transactions contemplated
hereby; (iv) such entity has duly and properly taken all corporate acts
and other proceedings required to be taken to authorize the execution
and performance of these Terms and to consummate the transactions
contemplated hereby; (v) such entity is in compliance with all
applicable laws and will not use the Network for or in connection with
any unlawful act or purpose; and (vi) the use and operation of any
content and materials that such entity may contribute to the Network
does not and will not infringe, misappropriate or conflict with any
Intellectual Property or other right of any third party. If you do not
agree to these Terms and such entity is not able to make the foregoing
representations and warranties, you may not use or access the network.
Minors Prohibited: The Network is not directed to individuals under the age of eighteen ((18) or the age of majority in your jurisdiction if the age of majority is greater). If you are under the age of eighteen or the age of majority (if greater), you are not authorized to access or use the Network.
Minors Prohibited: The Network is not directed to individuals under the
age of eighteen ((18) or the age of majority in your jurisdiction if the
age of majority is greater). If you are under the age of eighteen or the
age of majority (if greater), you are not authorized to access or use
the Network.
## 1. Overview of the Orbs Network
The Network is a peer-to-peer platform with a decentralized, blockchain-based architecture designed to provide blockchain infrastructure-as-a-service. The Network offers the Services. The participants in the Network are Developers, End-Users, Guardians, Validators and Token Holders.
## 1. **Overview of the Orbs Network**
You hereby expressly acknowledge and agree that the Network is a decentralized network and the Subject Persons: (A) are not responsible for the development or launch of the Network and (B) do not undertake any responsibility to operate, maintain, support or otherwise authorize any activity related to the Network.
The Network is a peer-to-peer platform with a decentralized,
blockchain-based architecture designed to provide blockchain
infrastructure-as-a-service. The Network offers the Services. The
participants in the Network are Developers, End-Users, Guardians and
Token Holders.
As a decentralized network, the Network and the Network Content (as defined below) may be updated or modified from time to time. Such modifications or updates may be significant, including the adoption of new versions of the Network Content that differ substantially from the current version and result in significant changes to the Network. Such changes may include updates or the implementation of a more advanced version of the Network’s consensus algorithm, fee model, smart contract capabilities, security, governance and operation model or other features of the Network.
You hereby expressly acknowledge and agree that the Network is a
decentralized network and the Subject Persons: (A) are not responsible
for the development or launch of the Network and (B) do not undertake
any responsibility to operate, maintain, support or otherwise authorize
any activity related to the Network.
Such updates or modifications may be proposed by the Subject Persons, Guardians, Validators or other persons or entities who desire to make such proposals. The acceptance of such proposals may be subject to approval in accordance with the terms of the Network’s then-applicable security, governance and operation model. Alternatively, in the case of certain upgrades to the security, governance and operation model or changes that otherwise supersede or are not technically implementable within the Network’s then-applicable security, governance and operation model, the acceptance of such changes may depend on the practical decision by Guardians, Validators, Token Holders, Developers and End-Users to implement such proposals or adopt the version of the Network containing such proposals or to decline to do so.
As a decentralized network, the Network and the Network Content (as
defined below) may be updated or modified from time to time. Such
modifications or updates may be significant, including the adoption of
new versions of the Network Content that differ substantially from the
current version and result in significant changes to the Network. Such
changes may include updates or the implementation of a more advanced
version of the Network’s consensus algorithm, fee model, smart contract
capabilities, security, governance and operation model or other features
of the Network.
## 2. Ownership
“Network Content” includes, without limitation, the Orbs software stack reference implementation, including any idea, concept, discovery, invention, development, technology, algorithm, program, code, documentation or other material or information related thereto; the look and feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Network; trademarks, trade names, and all other intellectual property rights covering or embodied by the Network Content, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Network Content does not include Developer Content or End-User Content, as described herein. You do not acquire any ownership interest in any Network Content by accessing or using the Network or Network Content.
Such updates or modifications may be proposed by the Subject Persons,
Guardians or other persons or entities who desire to make such
proposals. The acceptance of such proposals may be subject to approval
in accordance with the terms of the Network’s then-applicable security,
governance and operation model. Alternatively, in the case of certain
upgrades to the security, governance and operation model or changes that
otherwise supersede or are not technically implementable within the
Network’s then-applicable security, governance and operation model, the
acceptance of such changes may depend on the practical decision by
Guardians, Token Holders, Developers and End-Users to implement such
proposals or adopt the version of the Network containing such proposals
or to decline to do so.
The Subject Persons and/or any entities and/or persons who have introduced modifications or proposed modification to the Network or such Network Content may make the applicable source code for such software available for download as open source software. You agree to be bound by the license agreement that applies to any open source software used in the Network or any Network Content. You will not indicate that you are associated with the entities and/or persons who created such software in connection with your use, modifications or alterations of the software.
## 2. **Ownership**
## 3. System Requirements
To access the Network, you will need a compatible device, Internet access, and certain software that may require updates or upgrades. Your ability to use the Network may be affected by the performance of hardware, software, and Internet access. You agree that such system requirements, which may change from time to time, are your responsibility. You are responsible for any costs you incur to access the Internet.
“Network Content” includes, without limitation, the Orbs software stack
reference implementation, including any idea, concept, discovery,
invention, development, technology, algorithm, program, code,
documentation or other material or information related thereto; the look
and feel, design, layout, organization, presentation, user interface,
navigation and stylistic conventions of the Network; trademarks, trade
names, and all other intellectual property rights covering or embodied
by the Network Content, including, without limitation, all copyrights,
moral rights, trademark rights and patent rights. The Network Content
does not include Developer Content or End-User Content, as described
herein. You do not acquire any ownership interest in any Network Content
by accessing or using the Network or Network Content.
## 4. Your Use and End-User Content and Developer Content
You may access, browse and use the Network and Network Content only in accordance with these Terms. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Network or Network Content, except as provided herein.
The Subject Persons and/or any entities and/or persons who have
introduced modifications or proposed modification to the Network or such
Network Content may make the applicable source code for such software
available for download as open source software. You agree to be bound by
the license agreement that applies to any open source software used in
the Network or any Network Content. You will not indicate that you are
associated with the entities and/or persons who created such software in
connection with your use, modifications or alterations of the software.
Parts of the Network may allow End-Users (and possibly others) to post, upload, transmit or submit content and information to the Network (collectively, “__End-User Content__”), and parts of the Network will allow Developers to create, upload and operate decentralized applications over the Network (collectively, “__Developer Content__”).
## 3. **System Requirements**
When you upload, post, publish or make available any End-User Content or Developer Content on the Network, you grant any other user of the Network a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publish, reproduce, make modifications or derivative works (solely for the purpose of better showcasing your User Generated Content) store and to use such End-User Content or Developer Content, in connection with the use and operation of the Network. When you upload, post, publish or make available any End-User Content or Developer Content to other users on the Network, you grant to such other users a non-exclusive and royalty-free license, to access and view your End-User Content or Developer Content. Please note that no party on the Network will monitor or control what other users do with your End-User Content or Developer Content.
To access the Network, you will need a compatible device, Internet
access, and certain software that may require updates or upgrades. Your
ability to use the Network may be affected by the performance of
hardware, software, and Internet access. You agree that such system
requirements, which may change from time to time, are your
responsibility. You are responsible for any costs you incur to access
the Internet.
Please do not post any confidential, secret or proprietary information or material through the Network. You are entirely responsible for maintaining the confidentiality of your End-User Content or Developer Content and any of your non-public information. It is your responsibility to obtain any and all consents required under any applicable laws, regarding the posting of any personal information of others which is part of the End-User Content or the Developer Content, and to adhere to any applicable laws regarding such information. By providing End-User Content and/or Developer Content, you: (i) represent and warrant, to all other users of the Network, that End-User Content and/or Developer Content is your original creation, that you own or otherwise control all of the rights in End-User Content and/or Developer Content, or that you have the rights necessary to grant the license to End-User Content and/or Developer Content granted herein, and that End-User Content and/or Developer Content does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; and (ii) shall indemnify and hold harmless any and all Subject Persons from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from the use of the Network, the Network Content, End-User Content and/or Developer Content, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action.
##4 . **Your Use and End-User Content and Developer Content**
Developers are responsible for adhering to applicable law regarding any End-User Content acquired as a result of the activities of the application operated by such Developer.
You may access, browse and use the Network and Network Content only in
accordance with these Terms. You may not copy, reproduce, modify,
distribute, transmit, display, perform, publish or otherwise use or
exploit, through any means or media, any of the Network or Network
Content, except as provided herein.
No party will bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any Developer Content or End-User Content. You hereby acknowledge and agree that any Developer Content and/or End-User Content is non-confidential.
Parts of the Network may allow End-Users (and possibly others) to post,
upload, transmit or submit content and information to the Network
(collectively, “<u>End-User Content</u>”), and parts of the Network will
allow Developers to create, upload and operate decentralized
applications over the Network (collectively, “<u>Developer
Content</u>”).
You understand and agree that you are solely responsible for your End-User Content and/or Developer Content, and the consequences of sending posting or publishing such End-User Content and/or Developer Content, on the Network, in any way.
When you upload, post, publish or make available any End-User Content or
Developer Content on the Network, you grant any other user of the
Network a perpetual, non-exclusive, royalty-free, and worldwide license
to publicly display, communicate, distribute, host, publish, reproduce,
make modifications or derivative works (solely for the purpose of better
showcasing your User Generated Content) store and to use such End-User
Content or Developer Content, in connection with the use and operation
of the Network. When you upload, post, publish or make available any
End-User Content or Developer Content to other users on the Network, you
grant to such other users a non-exclusive and royalty-free license, to
access and view your End-User Content or Developer Content. Please note
that no party on the Network will monitor or control what other users do
with your End-User Content or Developer Content.
In the event that, in order to serve as a Validator or Guardian, you are required to present certain information for registration purchases, you hereby acknowledge that you are providing the Network with such information on your own free will, for the purpose of becoming eligible to act as a Validator or Guardian on the Network, and that you consent to such information being stored in accordance with the procedures of the Network, and waive any and all claims against the Subject Persons relating to such information. You further acknowledge that since such information may be stored on a public blockchain network, it may be technically impossible for any information to be deleted from such network once submitted.
Please do not post any confidential, secret or proprietary information
or material through the Network. You are entirely responsible for
maintaining the confidentiality of your End-User Content or Developer
Content and any of your non-public information. It is your
responsibility to obtain any and all consents required under any
applicable laws, regarding the posting of any personal information of
others which is part of the End-User Content or the Developer Content,
and to adhere to any applicable laws regarding such information. By
providing End-User Content and/or Developer Content, you: (i) represent
and warrant, to all other users of the Network, that End-User Content
and/or Developer Content is your original creation, that you own or
otherwise control all of the rights in End-User Content and/or Developer
Content, or that you have the rights necessary to grant the license to
End-User Content and/or Developer Content granted herein, and that
End-User Content and/or Developer Content does not violate any rights,
including rights of privacy, of any party and does not otherwise violate
the law; and (ii) shall indemnify and hold harmless any and all Subject
Persons from and against any and all claims, actions and damages
(including, without limitation, court costs, legal fees, accounting fees
and amounts paid in settlement) that are related to or result from the
use of the Network, the Network Content, End-User Content and/or
Developer Content, and/or your violation of these Terms or your
representations and warranties hereunder. You will cooperate as fully as
reasonably required in the defense of any such claim or action.
NO PARTY OTHER THAN THE PARTY POSTING SUCH USER CONTENT TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY END-USER CONTENT OR DEVELOPER CONTENT UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY OTHER USER ON THE NETWORK, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS ANY OTHER PARTY LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER USERS MAY ENCOUNTER.
Developers are responsible for adhering to applicable law regarding any
End-User Content acquired as a result of the activities of the
application operated by such Developer.
## 5. Governance, Voting and Procedures of the Network
As a decentralized network, the actual existence and performance of the Network is dependent on the collective actions of various participants in the Network, including, among others, Validators, Guardians and Token Holders. The Network may not continue to exist and may not perform as expected if such parties cease their activities on the Network. No one, including the Subject Persons, can guarantee that such parties will continue to act or that the Network will continue exist or perform at the expected level.
No party will bear any liability for any loss, damage, cost or expense
that you may suffer or incur as a result of or in connection with
uploading any Developer Content or End-User Content. You hereby
acknowledge and agree that any Developer Content and/or End-User Content
is non-confidential.
You hereby expressly acknowledge and agree that the Network is governed by defined voting governance guidelines, as such may be in effect and amended from time to time in accordance with the then-applicable governance framework of the Network.
You understand and agree that you are solely responsible for your
End-User Content and/or Developer Content, and the consequences of
sending posting or publishing such End-User Content and/or Developer
Content, on the Network, in any way.
If you are a Validator, you hereby expressly acknowledge and agree that your activities on the Network are subject to the Validator statement set forth here: [https://], that you will comply with the provisions of such statement in all respects in your activities on the Network and that failure to comply with such provisions may result in penalties in accordance with the then-applicable governance provisions of the Network.
In the event that, in order to serve as a Guardian, you are required to
present certain information for registration purchases, you hereby
acknowledge that you are providing the Network with such information on
your own free will, for the purpose of becoming eligible to act as a
Guardian on the Network, and that you consent to such information being
stored in accordance with the procedures of the Network, and waive any
and all claims against the Subject Persons relating to such information.
You further acknowledge that since such information may be stored on a
public blockchain network, it may be technically impossible for any
information to be deleted from such network once submitted.
Without limiting the foregoing, you hereby acknowledge and agree that: (i) only Token Holders who are beneficial owners of Orbs Tokens are permitted to vote or delegate such Orbs Tokens in the course of any governance or decision-making procedure to which such Orbs Tokens have participation rights; (ii) any person holding any Orbs Tokens in the capacity of custodian on behalf of a Token Holder who is not the beneficial owner of such Orbs Tokens shall not have the right to vote, delegate or otherwise participate in the governance of the Network, and shall not take any such action unless expressly instructed to do so by the Token Holder who is the beneficial owner of such Orbs Tokens; (iii) no user shall offer nor accept anything of value in exchange for a vote of any type, except in accordance with any reward system of the Network that may be in effect from time to time, nor shall any user unduly influence the vote of another.
NO PARTY OTHER THAN THE PARTY POSTING SUCH USER CONTENT TAKES ANY
RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY END-USER CONTENT OR
DEVELOPER CONTENT UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU
OR ANY OTHER USER ON THE NETWORK, OR FOR ANY LOSS OR DAMAGE THERETO, NOR
IS ANY OTHER PARTY LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL,
FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER USERS MAY
ENCOUNTER.
The Network has been designed to provide service cost stability to users and developers by setting the prices of the computing resources required for each type of on-demand service available on the Orbs networks at a certain number of Orbs tokens, which prices have been set forth on the Orbs Operation Fees document at [https://www.orbs.com/pricing](https://www.orbs.com/pricing). The specific prices listed therein are presented in good faith and believed to be correct at the time of publication, however the model presented may be changed from time to time during the launch period, including as the result of ongoing testing of the model and actual results before and during the launch period.
## 5. **Governance, Voting and Procedures of the Network**
The pricing list for computing services on the Orbs network may be subject to change from time to time, including, without limitation, by replacing such prices with prices based on an index of prices published by third party cloud providers or by other methods of pegging transaction costs on the Orbs network to a dedicated amount of computing capacity.
As a decentralized network, the actual existence and performance of the
Network is dependent on the collective actions of various participants
in the Network, including, among others, Guardians and Token Holders.
The Network may not continue to exist and may not perform as expected if
such parties cease their activities on the Network. No one, including
the Subject Persons, can guarantee that such parties will continue to
act or that the Network will continue exist or perform at the expected
level.
Without limiting the generality of any of the foregoing, changes to the specific prices listed on the price list may occur at any time during or after the launch period as a result of adjustments to the pricing model based on the outcome of testing, adjustments to the pricing model based on actual results during the launch period, additional experience in the behavior of the market for dedicated capacity, changes to the information available from third party cloud service providers, changes due to unforeseen cost increases or decreased of cloud computing, and changes initiated by participants in the governance of the Orbs network.
You hereby expressly acknowledge and agree that the Network is governed
by defined voting governance guidelines, as such may be in effect and
amended from time to time in accordance with the then-applicable
governance framework of the Network.
## 6. Prohibited Conduct
You warrant and agree that, while accessing or using the Network, you will not:
If you are a Guardian, you hereby expressly acknowledge and agree that
your activities on the Network are subject to the Guardian statement set
forth in <u>Exhibit A</u> hereto, that you will comply with the
provisions of such statement in all respects in your activities on the
Network and that failure to comply with such provisions may result in
penalties in accordance with the then-applicable governance provisions
of the Network.
* access, use or attempt to access or use another user’s account, including any private key, public key or wallet address, that you are not authorized to access or use;
Without limiting the foregoing, you hereby acknowledge and agree that:
(i) only Token Holders who are beneficial owners of Orbs Tokens are
permitted to vote or delegate such Orbs Tokens in the course of any
governance or decision-making procedure to which such Orbs Tokens have
participation rights; (ii) any person holding any Orbs Tokens in the
capacity of custodian on behalf of a Token Holder who is not the
beneficial owner of such Orbs Tokens shall not have the right to vote,
delegate or otherwise participate in the governance of the Network, and
shall not take any such action unless expressly instructed to do so by
the Token Holder who is the beneficial owner of such Orbs Tokens; (iii)
no user shall offer nor accept anything of value in exchange for a vote
of any type, except in accordance with any reward system of the Network
that may be in effect from time to time, nor shall any user unduly
influence the vote of another.
* interfere with or disrupt the operation of the Network or the servers or networks that host the Network, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
The Network has been designed to provide service cost stability to users
and developers by setting the prices of the computing resources required
for each type of on-demand service available on the Orbs networks at a
certain number of Orbs tokens, which prices have been set forth on the
Orbs Operation Fees document at https://www.orbs.com/pricing/. The
specific prices listed therein are presented in good faith and believed
to be correct at the time of publication, however the model presented
may be changed from time to time during the launch period, including as
the result of ongoing testing of the model and actual results before and
during the launch period.
* engage or attempt to engage in any attack or other malicious behavior or activity that threatens the integrity of the Network, including, without limitation, 51% attacks, double-spend attacks, eclipse attacks, transaction malleability attacks, timejacking, routing attacks, Sybil attacks, denial of service attacks, or race condition attacks;
The pricing list for computing services on the Orbs network may be
subject to change from time to time, including, without limitation, by
replacing such prices with prices based on an index of prices published
by third party cloud providers or by other methods of pegging
transaction costs on the Orbs network to a dedicated amount of computing
capacity.
* create a false identity for the purpose of misleading others or otherwise impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Network, the licensors of any content hosted on the Network or anyone otherwise affiliated with the Network;
Without limiting the generality of any of the foregoing, changes to the
specific prices listed on the price list may occur at any time during or
after the launch period as a result of adjustments to the pricing model
based on the outcome of testing, adjustments to the pricing model based
on actual results during the launch period, additional experience in the
behavior of the market for dedicated capacity, changes to the
information available from third party cloud service providers, changes
due to unforeseen cost increases or decreased of cloud computing, and
changes initiated by participants in the governance of the Orbs network.
* transmit or otherwise make available in connection with the Network any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
## 6. **Prohibited Conduct**
* obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Network Content available on or through the Network through any means, including through means not intentionally made publicly available or provided through the Network;
You warrant and agree that, while accessing or using the Network, you
will not:
* engage in any unauthorized means of accessing, logging-in or registering on the Network, or obtaining lists of users or other information from or through the Network, including, without limitation, any information residing on any server or database connected to the Network;
- access, use or attempt to access or use another user’s account,
including any private key, public key or wallet address, that you
are not authorized to access or use;
* use the Network or Network Content in any manner that could interrupt, damage, disable, overburden or impair the Network, or interfere with any other party’s use of the Network, including, without limitation, sending mass unsolicited transactions or “flooding” servers;
- interfere with or disrupt the operation of the Network or the
servers or networks that host the Network, or disobey any laws,
regulations, requirements, procedures, or policies of such servers
or networks;
* use the Network or Network Content in violation of proprietary or legal rights or rights of any party;
- engage or attempt to engage in any attack or other malicious
behavior or activity that threatens the integrity of the Network,
including, without limitation, 51% attacks, double-spend attacks,
eclipse attacks, transaction malleability attacks, timejacking,
routing attacks, Sybil attacks, denial of service attacks, or race
condition attacks;
* use the Network or Network Content in violation of any applicable law;
- create a false identity for the purpose of misleading others or
otherwise impersonate any person or entity or misrepresent your
affiliation with any other person or entity, whether actual or
fictitious, including anyone from the Network, the licensors of
any content hosted on the Network or anyone otherwise affiliated
with the Network;
* use the Network or Network Content to publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable; or
- transmit or otherwise make available in connection with the Network
any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any
other computer code, file, or program that may or is intended to
damage or hijack the operation of any hardware, software, or
telecommunications equipment, or any other actually or potentially
harmful, disruptive, or invasive code or component;
* attempt (or encourage or support anyone else’s attempt) to disable, bypass, modify, defeat, circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Network or the Network Content, including without limitation any security, digital rights management or data encryption components limiting access to Network Content;
- obtain or attempt to gain unauthorized access to other computer
systems, materials, information or any Network Content available
on or through the Network through any means, including through
means not intentionally made publicly available or provided
through the Network;
## 7. Purchases
You acknowledge that entering into any transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. Such transactions may, among other things, include payments between participants for their activities on the network, transaction fees paid by Developers to Validators for providing computing resources on the network, arrangements between Guardians and Token Holders with respect to staking, voting and rewards within the Network’s security, governance and operation mode and arrangements with respect to fees paid by End Users to Developers. Notwithstanding that such transactions and other similar transactions may be allowed, facilitated or encouraged by the design of the Network and components included in the Network Content, you acknowledge and agree that the actual entry into any such agreement, transaction or arrangement by any users of the Network is accomplished as a peer-to-peer transaction between the parties thereto and is subject to the terms of the agreement between such parties. You are solely responsible for any disputes you may have with any Network participant or any other party regarding such agreements and transactions. THE SUBJECT PERSONS DISCLAIM ALL LIABILITY RELATED TO ANY DISPUTES BETWEEN, BY AND AMONG YOU AND ANY DEVELOPERS, END-USERS, GUARDIANS, TOKEN HOLDERS AND/OR VALIDATORS.
- engage in any unauthorized means of accessing, logging-in or
registering on the Network, or obtaining lists of users or other
information from or through the Network, including, without
limitation, any information residing on any server or database
connected to the Network;
## 8. Objectionable Content
You may find some Network Content, Developer Content and/or End-User Content offensive or objectionable. You agree that your use of the Network, including access to such Network Content, Developer Content and/or End-User Content, is at your sole risk, and that the Subject Persons shall have no liability to you for content that may be found to be offensive or objectionable. Descriptions of Network Content, Developer Content and End-User Content available on the Network are for your convenience.
- use the Network or Network Content in any manner that could
interrupt, damage, disable, overburden or impair the Network, or
interfere with any other party’s use of the Network, including,
without limitation, sending mass unsolicited transactions or
“flooding” servers;
## 9. Links to Third-Party Websites
The Network may include links to websites of third parties. If you click on these links, you will leave the Network. Network participants are not responsible for their content or operation. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
- use the Network or Network Content in violation of proprietary or
legal rights or rights of any party;
## 10. Notifications concerning Blockchain Technology and Virtual Currency
The Network is based on blockchain technology. Furthermore, the Network requires the use of a virtual currency, the Orbs Tokens, for certain aspects of its functionality. Without limitation, the Orbs Tokens are required for Developers to pay transaction fees to Validators for providing the services needed to run their applications on the Network. In addition, participants in the Network’s security, governance and operations model, including Guardians and Token Holders, may utilize the Orbs Tokens in order to participate in the model by direct voting or delegating the vote associated with such Orbs Tokens, and may receive rewards in the form of Orbs Tokens for such activities, all in accordance with the then-applicable security governance and operations model.
- use the Network or Network Content in violation of any applicable
law;
Accordingly, when using this Network, you should be aware of the following risks associated with virtual currency, including the Orbs Tokens, and blockchain-based software, including the Network:
- use the Network if you are a citizen, resident or otherwise located
in a country or region subject to comprehensive sections,
including, but not limited to, the Crimean region of Ukraine,
Cuba, Iran, Lebanon, North Korea, Sudan and Syria;
* virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections or similar laws in any jurisdiction;
- without derogating from the generality of any other provision of
these Terms, use the Network for any type of activity associated
with money laundering or terror financing, or to violate any
provision of the U.S. Foreign Corrupt Practices Act of 1977, as
amended, the UK Bribery Act (2010), Sections 290-297 of the
Israeli Penal Law 1977 (Bribery Transactions), the Israeli
Prohibition on Money Laundering Law, 2000, or any other applicable
anti-corruption or anti bribery legislation;
* legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency;
- use the Network if you are subject to any investigation by, or has
received a request for information from any governmental body
relating to corruption or bribery under any statute;
* transactions in virtual currency are generally irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
- use the App if you are a resident or citizen of any geographic area
in which governmental authorities have indicated that the purchase
or sale of digital assets such as the Orbs Tokens may be
prohibited by applicable law, decree, regulation, treaty or
administrative act;
* some virtual currency transactions shall be deemed to be made when recorded on a “block chain” ledger, which is not necessarily the date or time that the customer initiates the transaction;
- use the Network or Network Content to publish, post, send, upload,
submit, display or disseminate any information or material and/or
otherwise make available or engage in any conduct that is
libelous, defamatory, abusive, threatening, harmful, offensive,
obscene, tortious or otherwise objectionable; or
* the value of virtual currency is derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear;
- attempt (or encourage or support anyone else’s attempt) to disable,
bypass, modify, defeat, circumvent, reverse-engineer, decrypt, or
otherwise alter, or interfere with, the Network or the Network
Content, including without limitation any security, digital rights
management or data encryption components limiting access to
Network Content;
* there is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future;
## 7. **Purchases**
* the volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss or tax liability over a short period of time;
You acknowledge that entering into any transaction electronically
(including without limitation all records relating to such transactions)
constitutes your agreement and intent to be bound by and to pay for such
agreements and transactions. Such transactions may, among other things,
include payments between participants for their activities on the
network, transaction fees paid by Developers to Guardians for providing
computing resources on the network, arrangements between Guardians and
Token Holders with respect to staking, voting and rewards within the
Network’s security, governance and operation mode and arrangements with
respect to fees paid by End Users to Developers. Notwithstanding that
such transactions and other similar transactions may be allowed,
facilitated or encouraged by the design of the Network and components
included in the Network Content, you acknowledge and agree that the
actual entry into any such agreement, transaction or arrangement by any
users of the Network is accomplished as a peer-to-peer transaction
between the parties thereto and is subject to the terms of the agreement
between such parties. You are solely responsible for any disputes you
may have with any Network participant or any other party regarding such
agreements and transactions. THE SUBJECT PERSONS DISCLAIM ALL LIABILITY
RELATED TO ANY DISPUTES BETWEEN, BY AND AMONG YOU AND ANY DEVELOPERS,
END-USERS, GUARDIANS AND/OR TOKEN HOLDERS.
* the nature of virtual currency may lead to an increased risk of fraud or cyber-attack;
## 8. **Objectionable Content**
* the nature of virtual currency means that any technological difficulties experienced by You may prevent the access or use of a customer’s virtual currency;
You may find some Network Content, Developer Content and/or End-User
Content offensive or objectionable. You agree that your use of the
Network, including access to such Network Content, Developer Content
and/or End-User Content, is at your sole risk, and that the Subject
Persons shall have no liability to you for content that may be found to
be offensive or objectionable. Descriptions of Network Content,
Developer Content and End-User Content available on the Network are for
your convenience.
* the Network is likely to experience scheduled and unscheduled downtime, interruptions, delays, hard forks, bugs, viruses, and cyberattacks;
## 9. **Links to Third-Party Websites**
* the Network may from time to time lack features or functionality and/or require maintenance, support or other adjustments;
The Network may include links to websites of third parties. If you click
on these links, you will leave the Network. Network participants are not
responsible for their content or operation. You should exercise your own
judgment in evaluating and using these websites. When you link to these
websites, you become subject to their terms and conditions of use and
privacy policies.
* the Network rests or relies on open-source software, and there is a risk that a person introduces weaknesses, bugs, viruses or other malicious code into the core infrastructural elements of the Network causing the system to lose or erase all or a portion of the Orbs Tokens used in connection with the Network;
## 10. **Notifications concerning Blockchain Technology and Virtual Currency**
* it is possible that the Network will not be used by a large number of external businesses, individuals, and other organizations and that there will be limited public interest in the creation and development of distributed applications. Such a lack of interest could impact the development of the Network and potential uses of Orbs Tokens. It is not possible to predict the success of any development efforts of any party;
The Network is based on blockchain technology. Furthermore, the Network
requires the use of a virtual currency, the Orbs Tokens, for certain
aspects of its functionality. Without limitation, the Orbs Tokens are
required for Developers to pay transaction fees to Guardians for
providing the services needed to run their applications on the Network.
In addition, participants in the Network’s security, governance and
operations model, including Guardians and Token Holders, may utilize the
Orbs Tokens in order to participate in the model by direct voting or
delegating the vote associated with such Orbs Tokens, and may receive
rewards in the form of Orbs Tokens for such activities, all in
accordance with the then-applicable security governance and operations
model.
* the actual existence and performance of the Network is dependent on the collective actions of various participants in the Network, including, among others, Validators, Guardians and Token Holders. It is possible that the Network may not continue to exist and may not perform as expected if such parties cease their activities on the Network. No one, including the Subject Persons, can guarantee that such parties will continue to act or that the Network will continue exist or perform at the expected level;
Accordingly, when using this Network, you should be aware of the
following risks associated with virtual currency, including the Orbs
Tokens, and blockchain-based software, including the Network:
* you recognize that the Network is under development and may undergo significant changes over time and you acknowledge that any expectations regarding the form and functionality of the Network held by you may not be met upon release of the Network or any update thereto, for any number of reasons including a change in the design and implementation plans and execution of the implementation of the Network;
- virtual currency is not legal tender, is not backed by the
government, and accounts and value balances are not subject to
Federal Deposit Insurance Corporation or Securities Investor
Protection Corporation protections or similar laws in any
jurisdiction;
* the state of cryptocurrency can advance over time and advances in code cracking, or technical advances such as the development of quantum computers, could present risks to the Orbs Tokens and the Network, which could result in the theft or loss of Orbs Tokens. To the extent possible, participants in the Network may attempt to update the protocol underlying the Network to account for any advances in cryptography and to incorporate additional security measures, but the future of cryptography cannot be predicted and there can be no guarantee that any security updates will be made in a timely or successful manner;
- legislative and regulatory changes or actions at the state, federal,
or international level may adversely affect the use, transfer,
exchange, and value of virtual currency;
* as with other cryptocurrencies, the blockchain used for the Network is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “Selfish-mining” attacks or race condition attacks and any successful attacks present a risk to the Network, expected proper execution and sequencing of transactions in Orbs Tokens, and expected proper execution and sequencing of contract computations. Despite the efforts of participants in the Network, including Validators and Guardians, known or novel mining attacks may be successful.
- transactions in virtual currency are generally irreversible, and,
accordingly, losses due to fraudulent or accidental transactions
may not be recoverable;
* if the Network is rapidly adopted, the demand for Orbs Tokens could rise dramatically and at a pace that exceeds the rate with which new Orbs Tokens are released from reserves or otherwise become available for use. Under such a scenario, the entire Network could become destabilized, due to the increased cost of running distributed applications. In turn, this could dampen interest in the Network and Orbs Tokens. Instability in the demand for Orbs Tokens may lead to a negative change of the economical parameters of an Orbs Token-based business which could result in the business being unable to continue to operate economically or to cease operation.
- some virtual currency transactions shall be deemed to be made when
recorded on a “block chain” ledger, which is not necessarily the
date or time that the customer initiates the transaction;
* if the Network is rapidly adopted, the demand for transaction processing and distributed application computations could rise dramatically and at a pace that exceeds the rate with which Validators can bring online additional computing power. Under such a scenario, the entire Network could become destabilized, due to the increased cost of running distributed applications. In turn, this could dampen interest in the Network and the Orbs Tokens. Insufficiency of computational resources and an associated rise in the price of Orbs Tokens could result in businesses being unable to acquire scarce computational resources to run their applications.
- the value of virtual currency is derived from the continued
willingness of market participants to exchange fiat currency for
virtual currency, which may result in the potential for permanent
and total loss of value of a particular virtual currency should
the market for that virtual currency disappear;
* It is possible that alternative which utilize the same open-source source code and open source protocol underlying the Network could be established. The Network may compete with these alternative networks, which could potentially negatively impact the Network and the Orbs Tokens; and
- there is no assurance that a person who accepts a virtual currency
as payment today will continue to do so in the future;
* the Network could be impacted in whole or in part by one or more regulatory or governmental inquiries or actions, which could impede, limit or restrict the use or transfer of Orbs Tokens or otherwise result in the complete or partial loss in value of Orbs Tokens.
- the volatility and unpredictability of the price of virtual currency
relative to fiat currency may result in significant loss or tax
liability over a short period of time;
You hereby expressly acknowledge and agree that (i) you are accepting and using the Network and the Orbs tokens at your sole risk and expense; (ii) you have an adequate understanding of the risks, usage and intricacies of cryptographic tokens such as the Orbs tokens and blockchain-based software such as the Network, including the risks set forth above; (iii) any and all Subject Persons shall have no responsibility or liability for the loss, transfer, misappropriation, theft, use or misuse of any Orbs Tokens, including as utilized in connection with the Network, or any financial or physical harm or loss related thereto, and you hereby irrevocably waive any and all rights and claims with respect thereto and claims with respect thereto, (iv) you will comply with any and all applicable rules and laws regarding your use of Orbs Tokens, including in connection with the Network and (vi) the Subject Persons not endorse or recommend the use of any software or hardware wallet services and/or market exchanges (including any over-the-counter market) in connection with any storage, transfer or other transaction related to Orbs Tokens, all of which may be used at your sole risk and expense.
- the nature of virtual currency may lead to an increased risk of
fraud or cyber-attack;
## 11. Representations and Warranties and Warranty Disclaimers
The Network is a peer-to-peer platform with a decentralized, blockchain-based architecture designed to provide blockchain infrastructure-as-a-service. As a decentralized platform, the actual existence and performance of the Network is dependent on the collective actions of various participants in the Network, including Validators, Guardians and Token Holders. No party, including the Subject Persons, can exert full control over the operation of the Network or the actual results obtained from its use. You acknowledge and agree that the control of the Network is distributed and that accordingly no particular party, including the Subject Persons, is able to provide warranties or guarantees regarding the future operations or actual results of any activity on the Network.
- the nature of virtual currency means that any technological
difficulties experienced by You may prevent the access or use of a
customer’s virtual currency;
Developers specifically agree that they will not bring any legal actions against any Validator or Guardian operator based on such Validator or Guardian operator’s conduct as a Validator or Guardian, as applicable, and that they will indemnify all Validator and Guardian operators from and against any and all claims brought by the Developer’s End-Users.
- the Network is likely to experience scheduled and unscheduled
downtime, interruptions, delays, hard forks, bugs, viruses, and
cyberattacks;
All Validator and Guardian operators and Developers agree that they will not bring any legal actions against the Subject Persons.
- the Network may from time to time lack features or functionality
and/or require maintenance, support or other adjustments;
The Network is accessible world-wide. The Network and Network Content may not be appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Network may not be legal in your jurisdiction. If you choose to access, browse or use the Network, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. Any offer for any feature or function made on the Network is void where prohibited.
- the Network rests or relies on open-source software, and there is a
risk that a person introduces weaknesses, bugs, viruses or other
malicious code into the core infrastructural elements of the
Network causing the system to lose or erase all or a portion of
the Orbs Tokens used in connection with the Network;
Any information provided on the Network is of a general nature only and cannot create liability concerning any action that any person may take based on any information or guidance provided at the Network.
- it is possible that the Network will not be used by a large number
of external businesses, individuals, and other organizations and
that there will be limited public interest in the creation and
development of distributed applications. Such a lack of interest
could impact the development of the Network and potential uses of
Orbs Tokens. It is not possible to predict the success of any
development efforts of any party;
Some Network Content may be provided by the users of the Network. The Subject Persons do not obtain or control any rights in, and do not exert editorial control over, such Network Content. They do not independently verify the representations and warranties made by the users with respect to such Network Content.
- the actual existence and performance of the Network is dependent on
the collective actions of various participants in the Network,
including, among others, Guardians and Token Holders. It is possible
that the Network may not continue to exist and may not perform as
expected if such parties cease their activities on the Network. No
one, including the Subject Persons, can guarantee that such parties
will continue to act or that the Network will continue exist or
perform at the expected level;
The Subject Persons do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Network or any of Network Content, End-User Content and/or Developer Content. They are not liable for any errors, omissions, or inaccurate Network Content, End-User Content and/or Developer Content. Furthermore, the Subject Persons disclaim: (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the Services, or the Company website or any of its subpages; (b) any and all responsibility for the conduct of any user of the Services; (c) any and all responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service, the Company website or any of its subpages; (d) any and all responsibility for any financial gains, losses or tax consequences associated with the your use of the Services and the associated cryptocurrency.
- you recognize that the Network is under development and may undergo
significant changes over time and you acknowledge that any
expectations regarding the form and functionality of the Network
held by you may not be met upon release of the Network or any
update thereto, for any number of reasons including a change in
the design and implementation plans and execution of the
implementation of the Network;
THE NETWORK AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE NETWORK AND ITS CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. NO PARTY WARRANTS THAT THE NETWORK OR ITS CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE NETWORK AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. THERE IS NO WARRANTY THAT THE NETWORK WILL MEET USERS’ OR DEVELOPER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- the state of cryptocurrency can advance over time and advances in
code cracking, or technical advances such as the development of
quantum computers, could present risks to the Orbs Tokens and the
Network, which could result in the theft or loss of Orbs Tokens.
To the extent possible, participants in the Network may attempt to
update the protocol underlying the Network to account for any
advances in cryptography and to incorporate additional security
measures, but the future of cryptography cannot be predicted and
there can be no guarantee that any security updates will be made
in a timely or successful manner;
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
- as with other cryptocurrencies, the blockchain used for the Network
is susceptible to mining attacks, including but not limited to
double-spend attacks, majority mining power attacks,
“Selfish-mining” attacks or race condition attacks and any
successful attacks present a risk to the Network, expected proper
execution and sequencing of transactions in Orbs Tokens, and
expected proper execution and sequencing of contract computations.
Despite the efforts of participants in the Network, including
Guardians, known or novel mining attacks may be successful.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE NETWORK IS TO DISCONTINUE ALL USE OF THE NETWORK.
- if the Network is rapidly adopted, the demand for Orbs Tokens could
rise dramatically and at a pace that exceeds the rate with which
new Orbs Tokens are released from reserves or otherwise become
available for use. Under such a scenario, the entire Network could
become destabilized, due to the increased cost of running
distributed applications. In turn, this could dampen interest in
the Network and Orbs Tokens. Instability in the demand for Orbs
Tokens may lead to a negative change of the economical parameters
of an Orbs Token-based business which could result in the business
being unable to continue to operate economically or to cease
operation.
## 12. Limitation of Liability
EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL THE SUBJECT PERSONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE NETWORK OR THE ORBS TOKENS OR WITH THE DELAY OR INABILITY TO USE THE NETWORK, THE ORBS TOKENS OR NETWORK CONTENT, OR FOR ANY INFORMATION, SOFTWARE APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THE NETWORK, OR FROM THE FAILURE OF THE NETWORK TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE FAILURE OF THE SUBJECT PARTIES TO PERFORM UNDER THESE TERMS OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE HEREIN LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- if the Network is rapidly adopted, the demand for transaction
processing and distributed application computations could rise
dramatically and at a pace that exceeds the rate with which
Guardians can bring online additional computing power. Under such
a scenario, the entire Network could become destabilized, due to
the increased cost of running distributed applications. In turn,
this could dampen interest in the Network and the Orbs Tokens.
Insufficiency of computational resources and an associated rise in
the price of Orbs Tokens could result in businesses being unable
to acquire scarce computational resources to run their
applications.
IN NO EVENT SHALL THE SUBJECT PERSONS BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE NETWORK (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR END-USER CONTENT AND/OR DEVELOPER CONTENT). IN NO EVENT SHALL SUCH ENTITIES’ OR PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS (US$100).
- It is possible that alternative which utilize the same open-source
source code and open source protocol underlying the Network could
be established. The Network may compete with these alternative
networks, which could potentially negatively impact the Network
and the Orbs Tokens; and
## 13. Indemnification
You agree to hold harmless and indemnify the Subject Persons from and against any action, cause claim, suit, judgment, damage (actual and consequential), debt, demand, expense or liability (including reasonable costs and attorney’s fees) of every kind and nature, asserted by any person, arising from or in any way related to your use of the Network or the Orbs Tokens.
- the Network could be impacted in whole or in part by one or more
regulatory or governmental inquiries or actions, which could
impede, limit or restrict the use or transfer of Orbs Tokens or
otherwise result in the complete or partial loss in value of Orbs
Tokens.
## 14. No Relationship
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and the Subject Persons or between them and any other user of the Network. You acknowledge that by submitting End-User Content or Developer Content, no confidential, fiduciary, contractually implied or other relationship is created between you and the Subject Persons other than pursuant to these Terms.
You hereby expressly acknowledge and agree that (i) you are accepting
and using the Network and the Orbs tokens at your sole risk and expense;
(ii) you have an adequate understanding of the risks, usage and
intricacies of cryptographic tokens such as the Orbs tokens and
blockchain-based software such as the Network, including the risks set
forth above; (iii) any and all Subject Persons shall have no
responsibility or liability for the loss, transfer, misappropriation,
theft, use or misuse of any Orbs Tokens, including as utilized in
connection with the Network, or any financial or physical harm or loss
related thereto, and you hereby irrevocably waive any and all rights and
claims with respect thereto and claims with respect thereto, (iv) you
will comply with any and all applicable rules and laws regarding your
use of Orbs Tokens, including in connection with the Network and (vi)
the Subject Persons not endorse or recommend the use of any software or
hardware wallet services and/or market exchanges (including any
over-the-counter market) in connection with any storage, transfer or
other transaction related to Orbs Tokens, all of which may be used at
your sole risk and expense.
## 15. Taxes
You hereby acknowledge and agree that you are responsible for all tax consequences of any transaction or activity you undertake on the Network, any provision or receipt of the Services, and/or any reward or other value received in connection therewith. You are solely responsible for determining whether or not to use the Network or to receive or provide any Services and you acknowledge that the Services may be subject to export restrictions and economic sanctions imposed by law. To the extent that the Subject Persons is a party to any transaction on the Network, you acknowledge and agree that the Subject Persons may withhold any tax or other amounts required by applicable law from any payment or consideration payable as a result of such transaction. You agree to indemnify and hold harmless the Subject Persons, or any of them, from any taxes imposed against the Subject Persons as a result of your activities on the Network, any loss, liability or cost which such Subject Persons determines will or has been incurred as a result of any taxes resulting from your activities on the Network, or any proceeding brought against the Subject Parties by any governmental authority in connection with any taxes resulting from your activities on the Network.
## 11. **Representations and Warranties and Warranty Disclaimers**
## 16. Assignment
Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
The Network is a peer-to-peer platform with a decentralized,
blockchain-based architecture designed to provide blockchain
infrastructure-as-a-service. As a decentralized platform, the actual
existence and performance of the Network is dependent on the collective
actions of various participants in the Network, including Guardians and
Token Holders. No party, including the Subject Persons, can exert full
control over the operation of the Network or the actual results obtained
from its use. You acknowledge and agree that the control of the Network
is distributed and that accordingly no particular party, including the
Subject Persons, is able to provide warranties or guarantees regarding
the future operations or actual results of any activity on the Network.
## 17. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Developers specifically agree that they will not bring any legal actions
against any Guardian operator based on such Guardian operator’s conduct
as a Guardian, and that they will indemnify all Guardian operators from
and against any and all claims brought by the Developer’s End-Users.
These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Network and Network Content. These Terms constitute the entire agreement among the Network participants and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and other Network participants, with respect to your use of the Network and all matters relating to your access to, and/or use of, the Network and Network Content. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
All Guardian operators and Developers agree that they will not bring any
legal actions against the Subject Persons.
These Terms are subject to change from time to time in accordance with the then-applicable governance procedures of the Network.
The Network is accessible world-wide. The Network and Network Content
may not be appropriate or authorized for use in all countries, states,
provinces, counties or any other jurisdictions. Your access and use of
the Network may not be legal in your jurisdiction. If you choose to
access, browse or use the Network, you do so on your own initiative and
risk, and you are responsible for compliance with all applicable laws
if, and to the full extent that, such laws and restrictions are
applicable. Any offer for any feature or function made on the Network is
void where prohibited.
Any dispute to which the Subject Persons are a party arising out of or related to the Network will be brought in, and you hereby consent to exclusive jurisdiction and venue of, the competent courts of the Tel-Aviv-Jaffa District, Israel, provided, however, that nothing herein shall be deemed to preclude the Subject Persons from bringing any suit, enforcing any right or taking other legal action in your local jurisdiction. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
Any information provided on the Network is of a general nature only and
cannot create liability concerning any action that any person may take
based on any information or guidance provided at the Network.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Some Network Content may be provided by the users of the Network. The
Subject Persons do not obtain or control any rights in, and do not exert
editorial control over, such Network Content. They do not independently
verify the representations and warranties made by the users with respect
to such Network Content.
As part of these Terms, all Developers and any other participant who facilitates the use of the Network, directly or indirectly, by any End User, shall undertake to ensure that such End-User enters into an agreement or other arrangement which governs the relationship between the Developer or other participant and such the End User regarding the Network and obligates such End-User to be subject to these Terms. Such Developer or other participant is solely responsible for the effectiveness of such arrangement with the applicable End Users.
The Subject Persons do not guarantee the accuracy, timeliness,
correctness, completeness, performance or fitness for a particular
purpose of the Network or any of Network Content, End-User Content
and/or Developer Content. They are not liable for any errors, omissions,
or inaccurate Network Content, End-User Content and/or Developer
Content. Furthermore, the Subject Persons disclaim: (a) any and all
responsibility or liability for the accuracy, content, completeness,
legality, reliability, or availability or operability of information or
materials displayed on the Services, or the Company website or any of
its subpages; (b) any and all responsibility for the conduct of any user
of the Services; (c) any and all responsibility for any harm resulting
from downloading or accessing any information or material on the
Internet through the Service, the Company website or any of its
subpages; (d) any and all responsibility for any financial gains, losses
or tax consequences associated with the your use of the Services and the
associated cryptocurrency.
THE NETWORK AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING
SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY OR USEFULNESS OF THE NETWORK AND ITS CONTENT AND
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED
FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF
LAW. NO PARTY WARRANTS THAT THE NETWORK OR ITS CONTENT WILL BE TIMELY,
SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION,
FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR
DEFECTS. YOU USE THE NETWORK AT YOUR OWN RISK. YOU ARE SOLELY
RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS
(INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR
PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND
OUTPUT. THERE IS NO WARRANTY THAT THE NETWORK WILL MEET USERS’ OR
DEVELOPER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE NETWORK SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so
the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR
DISSATISFACTION WITH THE NETWORK IS TO DISCONTINUE ALL USE OF THE
NETWORK.
## 12. **Limitation of Liability**
EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT
LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL THE SUBJECT
PERSONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE NETWORK
OR THE ORBS TOKENS OR WITH THE DELAY OR INABILITY TO USE THE NETWORK,
THE ORBS TOKENS OR NETWORK CONTENT, OR FOR ANY INFORMATION, SOFTWARE
APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THE NETWORK, OR FROM
THE FAILURE OF THE NETWORK TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM
THE FAILURE OF THE SUBJECT PARTIES TO PERFORM UNDER THESE TERMS OR
OTHERWISE ARISING OUT OF THE USE OF THE NETWORK, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THOSE ASPECTS OF THE HEREIN LIMITATION MAY NOT APPLY TO YOU, IN
WHICH CASE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW.
IN NO EVENT SHALL THE SUBJECT PERSONS BE LIABLE FOR, OR IN CONNECTION
WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON
BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE NETWORK (INCLUDING,
WITHOUT LIMITATION, ANY OF YOUR END-USER CONTENT AND/OR DEVELOPER
CONTENT). IN NO EVENT SHALL SUCH ENTITIES’ OR PERSONS’ TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE
AGGREGATE, ONE HUNDRED U.S. DOLLARS (US$100).
## 13. **Indemnification**
You agree to hold harmless and indemnify the Subject Persons from and
against any action, cause claim, suit, judgment, damage (actual and
consequential), debt, demand, expense or liability (including reasonable
costs and attorney’s fees) of every kind and nature, asserted by any
person, arising from or in any way related to your use of the Network or
the Orbs Tokens.
## 14. **No Relationship**
There is no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between you and the Subject Persons
or between them and any other user of the Network. You acknowledge that
by submitting End-User Content or Developer Content, no confidential,
fiduciary, contractually implied or other relationship is created
between you and the Subject Persons other than pursuant to these Terms.
## 15. **Taxes**
You hereby acknowledge and agree that you are responsible for all tax
consequences of any transaction or activity you undertake on the
Network, any provision or receipt of the Services, and/or any reward or
other value received in connection therewith. You are solely responsible
for determining whether or not to use the Network or to receive or
provide any Services and you acknowledge that the Services may be
subject to export restrictions and economic sanctions imposed by law. To
the extent that the Subject Persons is a party to any transaction on the
Network, you acknowledge and agree that the Subject Persons may withhold
any tax or other amounts required by applicable law from any payment or
consideration payable as a result of such transaction. You agree to
indemnify and hold harmless the Subject Persons, or any of them, from
any taxes imposed against the Subject Persons as a result of your
activities on the Network, any loss, liability or cost which such
Subject Persons determines will or has been incurred as a result of any
taxes resulting from your activities on the Network, or any proceeding
brought against the Subject Parties by any governmental authority in
connection with any taxes resulting from your activities on the Network.
## 16. **Assignment**
Your agreement to these Terms is personal to you and you may not
transfer or assign it to any third party.
## 17. **Entire Agreement**
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
These Terms shall be deemed to include all other notices, policies,
disclaimers and other terms and conditions contained in the Network and
Network Content. These Terms constitute the entire agreement among the
Network participants and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between you and other Network participants, with respect to your use of
the Network and all matters relating to your access to, and/or use of,
the Network and Network Content. A printed version of these Terms and of
any notice given in electronic form shall be admissible in any and all
judicial or administrative proceedings based upon or relating to these
Terms to the same extent as other business documents and records
originally generated and maintained in printed form.
These Terms are subject to change from time to time in accordance with
the then-applicable governance procedures of the Network.
Any dispute to which the Subject Persons are a party arising out of or
related to the Network will be brought in, and you hereby consent to
exclusive jurisdiction and venue of, the competent courts of the
Tel-Aviv-Jaffa District, Israel, provided, however, that nothing herein
shall be deemed to preclude the Subject Persons from bringing any suit,
enforcing any right or taking other legal action in your local
jurisdiction. You agree to waive all defenses of lack of personal
jurisdiction and forum non-convenience and agree that process may be
served in a manner authorized by applicable law or court rule.
If any part of these Terms is determined to be invalid or unenforceable
under applicable law including, without limitation, the warranty
disclaimers and liability limitations stated herein, then the invalid or
unenforceable provision(s) will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision, and the remainder of these Terms shall continue in
full effect.
As part of these Terms, all Developers and any other participant who
facilitates the use of the Network, directly or indirectly, by any End
User, shall undertake to ensure that such End-User enters into an
agreement or other arrangement which governs the relationship between
the Developer or other participant and such the End User regarding the
Network and obligates such End-User to be subject to these Terms.  Such
Developer or other participant is solely responsible for the
effectiveness of such arrangement with the applicable End Users. 
# Exhibit A
## Declaration of Guardians
In registering to become eligible to serve as a Guardian and operate a
validator node on the Orbs Network, I \[we\] hereby declare to all other
participants in the Orbs Network, that for so long as I serve as a
Guardian I \[we\] will be committed to the security, governance and
operation procedures of the Orbs network.
- <u>Model</u>. I am familiar with the roles of different agents
active in the Orbs network –Guardians and Delegators – as described
at https://www.orbs.com/orbs-pos-universe/ (the “<u>Model</u>”)
and the responsibilities of each role and the procedures connected
with each role. I accept the principles of the Model and intend to
cooperate with the other participants in the Orbs Network in
accordance with the Model.
- <u>Protocol and the Terms of Use</u>. I am \[we are\] familiar with
the protocol specifications contained in the GitHub repository
located at https://github.com/orbs-network/orbs-network-go as may be
in effect from time to time (the “**Orbs Protocol**”). I \[we\]
intend to operate an Orbs Guardian node to ensure that the rules of
the Orbs Protocol are followed with respect to all transactions on
the Orbs network. I \[we\] further agree to comply with the Orbs
Network Terms of Use located at
https://github.com/orbs-network/orbs-network-go/blob/master/NETWORK-TOU.md,
as may be in effect from time to time, in all respects.
- <u>Participation</u>: I \[we\] will participate in the Orbs Protocol
for each virtual chain then operating on the Orbs Network by
proposing blocks and confirming them according to the Orbs Protocol
as then in effect.
- <u>Computational Resources</u>. I \[we\] will dedicate the required
amount of computational resources to operate such virtual chains.
- <u>Virtual Chains</u>. I \[we\] will assist in the creation of
virtual chains to support fee-paying applications interested in
running on Orbs.
- <u>Non-Discrimination</u>. I \[we\] will enforce the rules of the
Orbs Protocol equally to all users, domains and transactions. My
\[our\] validation services shall not discriminate between
transactions or blocks based on any parameter that is not relevant
to the operation of each virtual chain or for any reason that is
extraneous to the Orbs Protocol.
- <u>Uptime/Liveness</u>. I \[we\] will ensure that my \[our\]
Guardian node will be available 99.9% of the time, provided that I
\[we\] shall be permitted to have planned downtime of up to 5 hours
per month. To the best of my \[our\] abilities, planned maintenance
will be coordinated with other Guardians to minimize the impact of
such downtime.
- <u>Connectivity</u>. I \[we\] will provision resources to ensure
proper bandwidth and low latency of connectivity with other nodes
and will maintain the required communication routes, ports and
endpoints.
- <u>Upgrade Process</u>. I \[we\] will participate in the protocol
upgrade process by diligently reviewing all proposed upgrades and
confirming or rejecting such upgrades according to the best
interests of the Orbs Network and all participants therein.
- <u>Updated Protocol</u>. I  \[we\] will run software that complies
with the most recent version of the Orbs Protocol, as accepted under
the then-applicable governance procedures of the Orbs Network.
- <u>Security Upgrades</u>. I \[we\] will address all critical and
security upgrades in an immediate fashion, providing the necessary
resources to ensure the security of the Orbs Network.
- <u>Security Best Practices</u>.  I am \[we are\] aware of the
security implications of operating a Guardian node on the Orbs
Network, including physical security, private keys and credentials
storage and use cloud services security, server, operating system
and application hardening and intend to act in a manner consistent
with industry best practices to ensure the secure operation of the
Guardian node.
- <u>Rewards</u>. I am \[we are\] familiar with the terms of the Orbs
Universe Reward Plan as may be in effect from time to time (the
“<u>Reward Plan</u>”) and accept and am \[are\] willing to
participate and be eligible for the Guardian rewards as set forth in
the Plan in accordance with the terms thereof.
- <u>Terms</u>: I \[we\] acknowledge and agree that all use of, access
to and activities on the Network are subject to the Orbs Network
Terms of Use, as may be in effect from time to time.
- <u>Liability</u>. I \[we\] acknowledge and agree to the limitations
of the liability of any and all entities and persons who created
and/or initially distributed Orbs Tokens or were otherwise involved
in the creation of the Orbs Network that are set forth in the Orbs
Network Terms of use. I \[we\] acknowledge and agree the terms of
liability set forth in the Orbs Network Terms of Use.
- <u>Non-Derogation</u>. I will not take any malicious action, whether
on the Network or outside of it and will not disparage the Orbs
Network or the other parties participating in the Orbs Network in
good faith.

2

package.json
{
"name": "@orbs-network/polygon",
"version": "1.28.0",
"version": "1.28.1",
"description": "Polygon is a tool to provision new Orbs Hybrid Blockchain nodes",

@@ -5,0 +5,0 @@ "main": "index.js",

Sorry, the diff of this file is not supported yet

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