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 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.
- 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.
- 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)
- 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.
- Dedicated Servers, Virtual Private Servers, and any Custom Options/Services which are strictly non-refundable.
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.
- 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.
- 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
- 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
- World Community Grid, Folding at Home, or similar software
- HYIP websites
- Booter/Stresser websites
- HitLeap or any artificial traffic creation
- Multics, CCcam, or any other card sharing software