This terms of service agreement (the "Terms of Service") governs the terms and conditions under which HostVenom LLC ("HostVenom") will provide computer infrastructure and related products and services (the "Products and Services") to Customer (defined below) described in the order form submitted in connection with these Terms of Service (the "Order Form"). For purposes of these Terms of Service, "Customer" shall mean the entity, or if being purchased by an individual, the individual (A) executing this online transaction via click wrap agreement, or (B) executing the Master Service Agreement, if applicable.

These Terms of Service incorporate by reference HostVenom's Master Service Agreement (the "MSA"), if applicable, HostVenom's Service Level Agreement (the "SLA"), HostVenom's Acceptable Usage Policy (the "AUP") and HostVenom's Privacy Policy (the "Privacy Policy"), as in effect from time to time as set forth on HostVenom's website, and the Order Form, each of which is made a part of these Terms of Service and collectively referred to in the Terms of Service as the "Agreement". Customer's use of HostVenom's website, HostVenom Network (as defined in the SLA) and the Products and Services is also subject to Customer's acceptance and compliance with these Terms of Service, the MSA, the AUP, the SLA and the Order Form. Capitalized terms used without being defined in these Terms of Service shall have the meaning ascribed to such capitalized term in the MSA, SLA or AUP, as applicable. HOSTVENOM RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME, IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THESE TERMS OF SERVICE, THE MSA, THE SLA, THE AUP AND ITS PRIVACY POLICY. CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE MSA, SLA, AUP, PRIVACY POLICY AND THESE TERMS OF SERVICE.

By signing an Order Form or submitting it online or using HostVenom's website, HostVenom Network (as defined in the SLA), Products or Services, or signing the MSA or checking the box "I AGREE", Customer agrees to the terms and conditions of this Agreement.

Services.

Subject to the terms of this Agreement, HostVenom grants to Customer a non-exclusive, non-transferable, non-sublicenseable, revocable right to use and access the Products and Services for Customer's internal purposes beginning on the date that Customer first installs, orders and/or begins using the Products and Services ("Effective Date"). HostVenom may perform additional technical, supplemental, or professional services (other than the Products and Services) for Customer at either HostVenom's published pricing rates or at rates mutually agreed to in writing between Customer and HostVenom. Also, HostVenom retains the right to reject a request for Products and Services. HostVenom may change, discontinue, add, modify, re-price or remove features or functionality from the Products and Services upon its discretion by providing Customer with notice via HostVenom's website. If Customer continues to use the Products and Services following any such modification, Customer acknowledges and agrees to be deemed to have accepted such modification.

Term and Renewal.

Unless Customer agrees to a one-year term or unless otherwise stated in an Order Form or any service description, the initial term ("Initial Term") of this Agreement shall be month-to-month, commencing on the Effective Date and shall automatically renew (A) in the case of a month-to-month term, the first day of each month for successive one-month periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement or (B) in the case of a one-year term, each yearly anniversary of the Effective Date for successive one-year periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement (in each case, a "Renewal Period"). Customer agrees to be bound by the service term selected on the Order Form or via applicable promotional codes. HostVenom may cancel or elect not to renew the Products and Services for any reason or no reason at all pursuant to the terms of the Section 3 below.

Customer Cancellation or Non-Renewal.

In order to cancel or elect not to renew any Product or Service, Customer must, for a month-to-month term, either (i) submit an online service cancellation request (a "Cancellation Notice") by completing the cancellation form provided at the billing portal (https://billing.hostvenom.com) at least five (5) days prior to expiration of the Initial Term or the then-current Renewal Term or (ii) submit to HostVenom's billing department a written notice specifying Customer's election to cancel or not renew the Products and Services at least five (5) days prior to expiration of the Initial Term or the then-current Renewal Term. In the case of a one-year term or longer, Customer must provide Cancellation Notice at least sixty (60) days prior to expiration of the Initial Term or the then-current Renewal Term pursuant to the terms of this Section 3. CUSTOMER AKNOWLEDGES AND AGREES THAT NO PRODUCT OR SERVICE WILL BE CANCELLED, AND ALL PRODUCTS AND SERVICES SHALL CONTINUE TO RENEW AND CUSTOMER WILL CONTINUE TO BE BILLED FOR ALL PRODUCTS AND SERVICES UNLESS CUSTOMER CANCELS THE PRODUCTS AND SERVICES AS PROVIDED IN THIS SECTION.

This Acceptable Use Policy (as amended, modified or supplemented from time to time, this "AUP") of HostVenom, LLC ("HostVenom"), is designed to (i) protect HostVenom's customers, users of HostVenom's website, Products and Services, HostVenom Network (as defined in the SLA) and physical infrastructure, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of HostVenom's website and (iv) regulate and restrict the use of all Products and Services provided by HostVenom and its website. This AUP incorporates by reference HostVenom Terms of Service, Privacy Policy and SLA (collectively referred to herein as the "Agreement"). Capitalized terms used in this AUP and not otherwise defined in this AUP shall have the meaning ascribed to such capitalized term in the SLA or Terms of Service, as applicable. HOSTVENOM RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THE SLA, THE AUP AND ITS PRIVACY POLICY AND CUSTOMER'S USE OF HOSTVENOM'S SERVICE AFTER CHANGES TO THE AUP ARE POSTED ON THE LEGAL PAGE OF HOSTVENOM'S WEBSITE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF ANY SUCH AMENDMENTS AND MODIFICATIONS. CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THIS AGREEMENT.

This AUP does not obligate HostVenom to monitor, review, or police the data and content stored or transmitted through HostVenom website or HostVenom Services. Unless and until notified, HostVenom is not likely to be aware of any violations of this AUP or any violations of law. HOSTVENOM EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY SOTRED ON HOSTVENOM NETWORK AND FOR THE ACTIONS OR OMISSION OF ANY CUSTOMER OR CUSTOMER END USER.

Prohibited Activities.

Customer is responsible for complying with this AUP. HostVenom prohibits the use of its Products and Services, its website or its network to foster, promote illegal, abusive or irresponsible behavior, including, but not limited to, the following:

• Any activity or conduct that is likely to be in breach of any applicable laws or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages, specifically, including, but not limited to, spam, child pornography, intellectual property;
• Obtaining unauthorized access to, or interfering by any means with, any user, system, network, service, or account, including evasion of filters or violation of the security or integrity of any network or system;
• Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
• Introducing knowingly or recklessly any virus or other contaminating code into the Services;
• Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
• Distributing software that covertly gathers or transmits information about a user;
• Distributing computer viruses or malware of any kind. Example of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3";
• Any conduct that is likely to result in retaliation against the HostVenom network or website, or HostVenom's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
• Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
• Interference with service to any user of the HostVenom or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Harassing or engaging in any sort of cyber bullying or advocating or encouraging violence of any kind against any individual, group, entity, or government;
• Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e. Spamhaus); or
• Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to Customer or to HostVenom.

Legal Investigations.

HostVenom will respond to all valid subpoenas or court orders from entities and courts that have proper jurisdiction over HostVenom. HostVenom will always attempt to notify the Customer of subpoenas or court orders, unless legally prohibited; however, HOSTVENOM RESERVES THE RIGHT TO COMPLY WITH ANY VALID SUBPOENAS AND COURT ORDERS WITHOUT NOTICE TO THE CUSTOMER.

Violations of AUP.

HostVenom may enforce this AUP with or without notice to the Customer, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, HostVenom may suspend or terminate a Customer's access to HostVenom's Products and Services and take legal action against a Customer to enforce compliance with this AUP.

Reporting Violations.

HostVenom accepts reports of alleged violations of this AUP via email sent to [email protected]. Reports of alleged violations must be verified and must include the name and contact information of the complaining party and a description of the content allegedly in violation.

Consequences of Violation of AUP.

By violating this AUP, or otherwise creating possible legal exposure for HostVenom, HostVenom may suspend or terminate all or any part of the HostVenom's Products and Services provided to Customer in accordance with this Agreement. HostVenom may intercept or block any content or traffic belonging to Customer or to Customer End Users where HostVenom Products and Services are being used unlawfully or not in accordance with this AUP.

HostVenom LLC ("HostVenom") is committed to respecting and protecting the intellectual property rights of third parties. To that end, HostVenom developed this Copyright and Trademark Infringement Policy (the "Copyright and Trademark Policy") so third parties who believe their copyright or trademark rights have been violated can submit copyright and trademark complaints to HostVenom. If you believe in good faith that materials hosted by HostVenom infringe your copyright or trademark rights, you (or your agent) may send us notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Website are covered by a single notification, a representative list of such works);
3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HostVenom to locate the material on the Website;
4. the name, address, telephone number, and email address of the complaining party;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that HostVenom will not respond to complaints that do not meet these requirements. If HostVenom determines that the materials alleged to infringe your copyright or trademark rights do not require removal, HostVenom will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If HostVenom's Customer or a Customer's end user believes in good faith that a notice of copyright infringement has been wrongly filed against it, the Digital Millennium Copyright Act ("DMCA") permits the Customer or end user to send a counter-notice to HostVenom. Counter-notices must include the following information:

1. name, address, and telephone number;
2. the source of the content that was removed;
3. a statement under penalty of perjury that the Customer or end user has a good faith belief that the content was removed in error;
4. a statement that the Customer or end user consents to the jurisdiction of the Federal District Court for the judicial district in which the complaining party's address is located, or if the complaining party's address is outside of the United States, for any judicial district in which HostVenom may be found, and that the Customer or end user will accept service of process from the person who provided the original complaint; and
5. a physical or electronic signature (for example, typing the Customer's or end user's full name).

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

[email protected]
DMCA Complaints
HostVenom LLC
PO Box 175, Tomkins Cove, NY 10986

This Service Level Agreement (as amended from time to time, this "SLA") applies to HostVenom Products and Services and governs (A) the use and availability of the HostVenom Network (defined below) to those persons that have purchased Products and Services directly from HostVenom (each, a "Customer"), and (B) the right, under certain circumstances specified below, of a Customer to receive services credits in respect of the failure of the HostVenom Network and/or the failure of HostVenom to provide the Products and Services purchased by Customer from HostVenom in accordance with (i) the MSA, (ii) the Terms of Service, (iii) HostVenom's AUP and (iv) this SLA, each of which is incorporated in this SLA by reference and made a part hereof (collectively, the "Agreement"). Capitalized terms used without being defined in this SLA shall have the meaning ascribed to such capitalized term in the MSA, Terms of Service or AUP, as applicable. Customer's use of HostVenom's website, the HostVenom Network (defined below), and the Products and Services is also subject to Customer's acceptance and compliance with this SLA, the Terms of Service, the MSA, the AUP and the Order Form. HOSTVENOM RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THIS SLA, ITS AUP OR PRIVACY POLICY. CURRENT COPIES OF HOSTVENOM'S MASTER SERVICE AGREEMENT, TERMS OF SERVICE, AUP AND PRIVACY POLICY MAY BE REVIEWED OR PRINTED BY CUSTOMER AT THE LEGAL SECTION OF HOSTVENOM'S WEBSITE. CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THIS SLA, THE TERMS OF SERVICE AND THE AUP. Customer acknowledges and agrees that the receipt of a Service Credit as provided for in this SLA constitutes Customer's sole and exclusive remedy, and HostVenom's sole and exclusive liability, for any failure of HostVenom Network or failure by HostVenom to provide Customer with the Products and Services purchased by Customer in accordance with the Agreement which results from a Qualified Downtime Event.

Hardware Replacement and Upgrades.

HostVenom will use reasonable efforts to replace failed hardware and hardware components at a service level within four (4) hours (not including the time required to reload the operating system or applications) after HostVenom verifies and confirms the issue is in fact caused by such failed hardware. The time taken to troubleshoot the issue is outside this SLA. In the event that HostVenom is unable to replace the failed hardware within four (4) hours from confirming the issue was caused by such failed hardware (each such event, a "Qualified Hardware Downtime Event"), Customer will be eligible for Service Credit pursuant to Section 6 below.

HostVenom will use reasonable efforts to ensure that all planned hardware upgrades will commence and be completed at a service level within four (4) hours of hardware upgrade maintenance periods that have been scheduled and confirming in advance through HostVenom customer portal (not including the time required to reload the operating system or applications). If the installation does not meet this service level, Customer will be eligible for Service Credit pursuant to Section 6 below.

HostVenom Network Availability Assurance.

HostVenom guarantees network uptime availability of 99.99% per month covered by this SLA. The HostVenom Network is powered by the latest technology and the best brands consisting of Cisco gear. We also deploy Fiber to the top of every rack to ensure your experience with HostVenom Network is the best possible. For purposes of this Agreement, the "HostVenom Network" shall mean the portion of the internal computer network owned or operated on behalf of HostVenom that extends from the outbound port on a Customer's cabinet switch to the outbound port on the border router and includes all redundant Internet connectivity, bandwidth, routers, cabling and switches. For purposes of this Agreement, redundant Internet connectivity is measured as traffic routing into and out of a Customer's equipment through the HostVenom Network out to internet backbone carriers and does not include third party carrier latency or peering issues not utilized by HostVenom.

Subject to Section 6 below, in the event that HostVenom fails to provide Customer with the Products and Services purchased by Customer in accordance with the Agreement and such failure results from the complete unavailability of the HostVenom Network or the failure of HostVenom Network to pass Customer's TCP/IP traffic with less than three percent (3%) packet loss and less than 30ms latency across the HostVenom Network (other than as specified below, each such event, a "Qualified Network Downtime Event"), HostVenom will issue Customer a Service Credit calculated pursuant to Section 4 below.

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

We collect information from you when you register on our site or place an order. The types of personal information collected at these pages are:

• Name
• Address
• Email Addresses
• Phone number
• Credit/Debit Card Information
• Etc.

The Way We Use Information:

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order.

We use a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards) will not be stored on our servers.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Our Commitment to Children's Privacy

We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act); we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at https://hostvenom.com/legal.php#section1

Your Consent

By using our site, you consent to our online privacy policy.

If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.

This policy was last modified on 3/23/2021

Contact Us

If there are any questions regarding this privacy policy you may contact us through any of the outlets listed below.
Website: http://hostvenom.com
Mail: PO Box 175 Tomkins Cove, New York 10986 United States
Email: [email protected]