This terms of service agreement (the "Terms of Service") governs the terms and conditions under which HostVenom LLC DBA WinterNode.com ("WinterNode") will provide hosting 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 executing this online transaction via click wrap agreement.

WE RESERVE 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 SLA, THE AUP, AND ITS PRIVACY POLICY. CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THE SLA, AUP, PRIVACY POLICY, AND THESE TERMS OF SERVICE.

General

By accessing and using this site, you accept and agree to follow the terms of service on this agreement. When using this site particular services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. These other agreements include our Usage Policy and Privacy Policy.

Account

• We reserve the right to terminate your account at any time, with or without given notice. Your account will be terminated if you are found violating any of these terms.
• In order to register on our site, you are required to have a valid email address. Registering with a fake email address will result in termination of your account.
• When ordering a service from WinterNode, you are only renting the service. All services remain the property of WinterNode.

Payments

• WinterNode will activate purchased Products and Services after payment has been received, and verified to not be fraudulent. In most cases, payment verification is automatic but may require manual review in rare circumstances.
• In the event of a chargebacks or reversed transactions made on your account, your account will be terminated immediately and will be banned from using our services in the future.
• WinterNode will automatically terminate overdue services.
• You are responsible for canceling your service on clients.winternode.com. If you do not cancel your service, it will renew automatically.
• You are responsible for cancelling automatic payments after your service has been terminated.

Refunds

• We offer a 48-hour refund policy on your first purchase with us if you are not satisfied you have the option to request a refund. No refunds are allowed after 48-hours or on subsequent purchases. If you wish to get a refund, you must request it via ticket. This policy excludes payments made via Cryptocurrency (e.g. Bitcoin)
• If a backup restoration request is processed on your account, you are no longer refund eligible.
• Customers are only eligible to be approved for a single 48-hour refund on their account.
• WinterNode account credit is non-refundable.
• No refunds or account credit will be issued for premature cancellations.
• 2GB Gravel Plan, 3GB Stone Plan, Web Hosting, Dedicated Servers, Virtual Private Servers, and any Custom Options/Services are strictly non-refundable. Once these plans are activated, no refunds or credits will be provided, regardless of usage or subscription duration. These plans are not eligible for our 48 hour refund policy.

Service Level Agreement

• We provide a 99.9% Uptime on our Game Hosting Services. This excludes, maintenance and events outside of WinterNode's direct control such as, but not limited to acts of God.
• In the event WinterNode fails to provide 99.9% uptime, a pro-rated credit for any downtime can be requested by the customer within 2 days of the event.
• Planned system maintenance or events outside of WinterNode's direct control do not count towards our uptime. Downtime can only consist of unplanned downtime. The inability to connect because of your own connection issues is not our responsibility.

Data Loss & Liability

WinterNode assumes no responsibility for any and all data hosted on our service. You agree to take full responsibility and to maintain appropriate backup of files and data stored on our servers. Any backup services provided by WinterNode, whether paid or not, are offered with no warranty or guarantees.

TO THE FULLEST EXTENT ALLOWED BY LAW, WINTERNODE PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Usage Policy

• Servers may only be used for the services they were intended and you may not install or use unauthorized third party programs. We do provide technical assistance such as a need for help with our Pterodactyl Panel and Server Hosting problems, and will not be held responsible, for any third party software uploaded to our services. Unauthorized usage, such as attempting to access or interfere with other clients data, will result in the suspension of your services.
• Bypassing any limits or restrictions that your service is provisioned with, such as limited allocations, RAM limits, or CPU restrictions or any usage restrictions will result in the suspension of your services without any refunds.
• Your usage must be reasonable and should not place excessive load on our hardware or available resources. You may not interfere with the services we provide to other customers. In rare situations, we may place restrictions on your services if your usage interferes with the services provided to other customers.
• Servers should only store data related to the game. They are not meant for storing personal files, backups, etc. If your storage usage becomes disruptive to other game servers on the same node we have the right to suspend your service until a resolution is reached.
• You are only allowed to order one trial server, this is to prevent abuse. If you are found abusing the trial servers, we have the right to suspend your account.

Abusive Behavior Policy

We pride ourselves on the services we provide to our customers. Everyone on our team is eager to help our customers and ensure your success while running your services with us. We approach customer service with your goals and needs in mind with the desire to resolve your concerns as quickly as possible. However, abusive language and behavior can make it difficult for our support team to help you find a solution. Examples of such behavior might include denigrating language, personal attacks, threats of violence to yourself or others, and spamming, among others.

We look forward to serving you. To do so, we need to preserve our business and guarantee that our employees feel safe at work. To that end, when an individual or group becomes threatening or abusive to our team, we may need to take action to protect our employees. These actions may include:

• Limiting access to support
• Offboarding from our services
• Reporting to authorities

If you would like to know more about this policy or have any feedback, let us know by reaching out to our customer support team.

Prohibited Uses

You shall use WinterNode's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of Illinois, United States is prohibited. Any materials WinterNode judges to be threatening or obscene will be taken into action.

The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account:

• Illegal Activity
• Denial of Service (DoS) attacks
• Port scanning
• Botnets
• TOR exit nodes
• Open proxies
• Open DNS resolvers
• Illegal downloads/Piracy
• Public video chat (e.g., CamFrog, Visichat)
• Virtual currency / cryptocurrency (*coin) mining
• Crypto verification (SmartNodes, etc.)
• Facebook crawlers
• IP spoofing
• Fake/Replica product websites
• Phishing
• World Community Grid, Folding at Home, or similar software
• Prime95
• CrystalMines
• HYIP websites
• Booter/Stresser websites
• HitLeap or any artificial traffic creation
• Multics, CCcam, or any other card sharing software

ANY INVOLVEMENT ON THIS SITE WILL AUTHORIZE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ABIDE BY THE AGREEMENTS, PLEASE DO NOT USE THIS SITE.

WE RESERVE 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 SLA, THE AUP, AND ITS PRIVACY POLICY. CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THE SLA, AUP, PRIVACY POLICY, AND THESE TERMS OF SERVICE.

What information we collect

We do not store credit card details, or any other means of banking, like PayPal, nor do we share visitor details with any 3rd parties. However, we might collect, store and use the following kinds of information:

• The information you provide when ordering or registering on our site, such as your name, email address, mailing address, phone number or other details to help you with your experience.
• Information relating to any transactions you make carried out between you and us.
• Any other information that you choose to send us.

Cookies

Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

• We may use both "Session" cookies and "persistent" cookies on our website. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
• Most modern browsers allow you to completely reject all cookies. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.

Disclosures

WinterNode may share your information with third parties such as payment processors, or fraud prevention tools to the extent that this facilitates the services we provide.

We partner with Microsoft Clarity to learn how you use and interact with our website through behavioral metrics to improve and market our products/services. Website usage data is captured using cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

Further, WinterNode may disclose your personal information without your consent for the following reasons:

• A requirement by law.
• In connection with any legal proceedings, or prospective legal proceedings.
• In order to establish, exercise or defend our legal rights such as fraud.
• To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Children Online Privacy Protection Act

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

These Affiliate Terms and Conditions (the "Affiliate Terms") are an extension of the Terms of Service between HostVenom LLC DBA WinterNode.com ("WinterNode") and the affiliate participant ("Affiliate"). These Affiliate Terms govern the terms and conditions under which Affiliates may participate in WinterNode's Affiliate Program (the "Program"). Participation in the Program is separate from the use of WinterNode's hosting products and services (the "Products and Services") and requires agreement to these additional terms and conditions.

BY ENROLLING IN THE PROGRAM, AFFILIATE REPRESENTS AND WARRANTS THAT THEY HAVE READ, UNDERSTOOD, AND ACCEPTED THESE AFFILIATE TERMS, AS WELL AS THE TERMS OF SERVICE, SLA, AUP, AND PRIVACY POLICY. WINTERNODE RESERVES THE RIGHT TO AMEND, MODIFY, OR TERMINATE THESE AFFILIATE TERMS, OR ANY ASPECT OF THE PROGRAM, AT ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE.

Program Policies:

1. Product Eligibility

• You must maintain an eligible active service to be eligible for commission.
• Ensure your service remains active and meets eligibility criteria to earn commissions.
• Product eligibility is subject to change. Any changes will be updated and reflected here.
• Stay informed as product eligibility may vary over time; updates will be posted.

2. Affiliate Link Usage

• Referrals must complete sign-ups using your unique affiliate link or a promotion code created in your account.
• Your affiliate link must not be obscured, shortened, or modified in any way.
• Always provide your affiliate link in its original, unaltered form.
• You can find your affiliate link in your client portal dashboard.

3. Prohibited Promotion

• Advertising your affiliate link through WinterNode's official channels is not permitted.
• Affiliates are prohibited from promoting their links in a way that reflects negatively on WinterNode's reputation.
• Affiliate links may not be posted on coupon or discount websites. Affiliates found doing so will be removed from the program and forfeit any unpaid commissions.

4. Ineligibility for Certain Customers

Only customers without custom agreements can participate in the affiliate program.

5. Policy Changes

WinterNode reserves the right to modify the affiliate program, including its terms, at any time without prior notice.

6. Non-Compliance

Any failure to comply with these Affiliate Terms will result in the closure of your affiliate account and forfeiture of all earned commissions.

Cross-affiliation to exploit the Program is strictly prohibited. Examples of prohibited behavior include:

• Referring yourself using your own affiliate link.
• Exchanging referral links with other affiliates.
• Collaborating with others to manipulate referral attributions.

By participating in the WinterNode Affiliate Program, you acknowledge and agree to abide by these Affiliate Terms. Violations will result in immediate termination of your affiliate account and forfeiture of any unpaid commissions.