Noble Miner Hosting Service Agreement

This agreement ("Agreement") is entered into between Noble Miner ("Noble Miner," "we," "us," or "our") and the customer identified in the ordering documentation ("Customer," "you," or "your"). This Agreement governs your use of the Hosting Service as outlined below. By submitting your order, you agree to the terms herein, effective as of the order submission date ("Effective Date"). This Agreement may be updated periodically, with the latest version available at https://nobleminer.com/hosting-agreement.

1. Hosting Service

1.1 Hosting Arrangement: Noble Miner will host Customer Hardware at a secure facility ("Hosting Facility") specified in the Service Order. Services include:

• Rack space, power supply, and electricity provision.

• Monitoring and support for optimal hardware performance.

• Facility maintenance as necessary.

Noble Miner reserves the right to change Hosting Facilities if required and may subcontract services to third-party providers.

1.2 Service Availability: Noble Miner will make commercially reasonable efforts to maintain 95% uptime monthly, excluding planned maintenance, Customer Hardware failures, or force majeure events.

1.3 Service Order: Terms specific to your hosting arrangement are detailed in the Service Order, agreed upon during checkout or contract execution.

2. Customer Hardware and Delivery

2.1 Delivery and Installation: Customers are responsible for all shipping and related costs. Noble Miner reserves the right to inspect and reject unsuitable hardware.

2.2 Start Date: Hosting services commence on the agreed date, subject to hardware delivery and facility readiness.

2.3 Hardware Serial Numbers: Upon request, Noble Miner will provide serial numbers for hosted equipment.

3. Maintenance and Repairs

3.1 Facility Maintenance: Scheduled maintenance may cause temporary service interruptions. Customers will be notified in advance whenever feasible.

3.2 Hardware Repairs: Noble Miner will notify you of repair costs exceeding standard maintenance fees. Repairs may involve sending hardware to manufacturers or third parties. Shipping costs are the Customer’s responsibility.

3.3 Relocation: Hardware may be relocated within or to another facility with prior notice, except in emergencies where immediate action is necessary.

4. Fees and Payment

4.1 Hosting Fees: Hosting fees are billed monthly in advance. Customers are responsible for a power fee of $0.080 per kWh. Service Level credits may apply for extended downtime.

4.2 Accepted Payments: Payments can be made via Zelle, bank transfer, or cryptocurrency. Refunds for cryptocurrency payments will be calculated in USD.

4.3 Late Payments: Late payments may incur penalties, including a $20 monthly fee per unit and service suspension until outstanding balances are cleared.

4.4 Rate Changes: Hosting fees may be adjusted with notice due to changes in operating costs (e.g., power rates or regulatory compliance).

5. Term and Termination

5.1 Term: This Agreement begins on the Effective Date and continues for the Initial Term specified in the Service Order. It automatically renews annually unless terminated with 60 days' written notice.

5.2 Termination: Noble Miner may terminate for:

• Non-payment or breach of Agreement terms.

• Hosting Facility unavailability or compliance issues.

5.3 Customer Termination: Customers must settle all balances, including hardware financing, before terminating. Noble Miner retains the right to enforce applicable termination fees.

6. Customer Responsibilities

6.1 Pool and Wallet Management: Customers are responsible for selecting and maintaining mining pools and wallets.

6.2 Hardware Modifications: Prior approval is required for hardware modifications. Unauthorized changes may incur fees and service suspension.

6.3 Insurance: Customers are responsible for insuring their hardware against loss or damage.

7. Liability and Risk

7.1 No Warranties: Noble Miner provides services "as is" without guarantees of uptime, performance, or profitability.

7.2 Limitation of Liability: Noble Miner’s liability is limited to the amount paid by the Customer over the preceding 12 months. Indirect, consequential, or incidental damages are excluded.

7.3 Force Majeure: Noble Miner is not liable for service interruptions caused by events beyond its control, such as natural disasters or regulatory changes.

8. Confidentiality and Privacy

8.1 Confidentiality: Both parties agree to protect each other’s confidential information and use it solely for purposes related to this Agreement.

8.2 Privacy: Noble Miner complies with applicable privacy laws and will protect Customer data to the best of its ability.

9. Dispute Resolution

9.1 Arbitration: Disputes will be resolved through binding arbitration under the rules of the American Arbitration Association.

9.2 Class Action Waiver: Customers waive the right to participate in class action lawsuits against Noble Miner.

10. General Terms

10.1 Governing Law: This Agreement is governed by the laws of the State of Delaware.

10.2 Amendments: Noble Miner reserves the right to amend this Agreement with notice. Continued use of services constitutes acceptance of updated terms.

10.3 Entire Agreement: This document constitutes the entire agreement between the parties, superseding any prior agreements.