Abuse and Billing Policies ABUSE TERMS

Below are terms that can suspend your account due to abuse on our servers. Please remember you are on a shared server and everyone is entitled to the server resources. This is a guideline for "The venus host" and we will work with you so that you are not in violations of these terms.

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. "The venus host" does not permit CGI script sharing with domains not hosted by "The venus host" or any scripts that may be abused for UCE purposes.

Unlimited Hosting Space and Bandwidth

Some of our hosting accounts do come with unlimited hosting space and bandwidth. Please note hosting space is intended for hosting and not intended for but not limited to online backup, Email, storage device for multimedia content such as, but not limited to, movies, music, photos, emails, or other media. Any use of our hosting service in this manner will be considered a violation of our terms of use and will result in automatic suspension of the hosting account without any prior notification.

Software Distribution

"The venus host" Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. This includes but is not limited to file sharing, torrents, warez, and pirated material.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. "The venus host" Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose hosting space usage for storing multimedia files exceeds 10% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on "The venus host" Web Hosting servers will be limited in size to 1GB allotted for that particular domain's plan/web hosting account.

CPU and Memory Limit

All accounts will be only allowed to use 10% of cpu and memory and cannot exceed a session longer than 10 min. This includes all database uses, email, cron jobs, and any FTP sessions.

Email Limitation

Outgoing emails are limited to 100 per hour or 1000 per day whichever is reached first. This limitation is per hosting account. Any hosting account using in excess of 1GB for Email storage will be considered a violation of our terms of use.

Removal of Account

If an account is suspended for any of the above reasons three or more times or has been in a suspended status for 60 days will be cancelled and removed from our servers.

BILLING TERMS

The following Terms of Use constitute "The venus host" Billing Policy and apply to ALL "The venus host" customers:

Payments

All charges are shown in Indian Rupees ( INR ). Payments are to be made in INR. "The venus host" accepts the following types of payment: Bank payments CCAvenue

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide "The venus host" your credit card information, you authorize "The venus host" to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with "The venus host" Billing Policy in the TOU. You are responsible for directly updating, or notifying "The venus host", of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's billing cycle. Plan renewal charges are based on the original rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle term. If you wish to cancel your plan before the plan renewal, please refer to the cancellation section below. An automated renewal notification will be sent to the email address on the account, at least 30 days prior to actual processing of the renewal. Coupons cannot be used for renewals, and only apply to new customers.

Late Fee

Clients have the option to pay an invoice at any time by logging into their "The venus host" account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than Ten days (the grace period), the account is automatically suspended and a INR 200.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus INR 200.00 must be submitted to "The venus host".

Important Notice

Domain name registrations and web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your web hosting plan only, or both your domain and hosting accounts. The cancellation, expiration, or transfer of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify "The venus host" that you would like to cancel your account at least (3) three days prior to your renewal date.

Free Site Transfers

Website transfers from a previous host to "The venus host" will be done free of charge within 30 days of sign-up. We need pure cPanel generated backups to restore your website. We will do our level best to help you.

Statements

"The venus host" does not mail paper invoices or statements. Statements can be viewed and printed through the billing client area.

Processing Fees

A INR 2000 - 5000 fee will be assessed for each processing fee for illegal transactions.

Cancellations

Hosting plan will automatically renew until a plan is cancelled.  No any Hosting Plan is refundable.

Cancellation requests must be received by "The venus host" a minimum of three (3) business days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by "The venus host". "The venus host" is unable to cancel your account effective for a future date. "The venus host" will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact "The venus host" as soon as possible. Cancelled accounts are immediately terminated from the server and no backups will be kept, meaning no data can be recovered after an account is cancelled. If a backup of the hosting account is needed one must be taken before the account is cancelled. In the event that a customer would like to restore a cancelled account, or that a backup is requested after an account is cancelled, a INR 2500 service fee will be billed for the restoration or creation of the backup.

"The venus host" does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to "The venus host" services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. "The venus host" reserves the right to cancel any account, at any time, without notice, for any reason "The venus host" considers appropriate.

Billing/Price Changes

"The venus host" policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Acceptable Usage

To report junk email or abuse issues please email abuse@thevenushost.com.

To report junk email or abuse issues please email abuse@thevenushost.com.

This acceptable use policy governs your use of the services we provide (“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. Venus Web Solutions may modify this Acceptable Use Policy at any time without notice.

You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting packages, you can allow a third party (a “Third Party”) to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.

The Hosting Services are provided by Venus Web Solutions Limited (“we”, “us” and “our”). We are registered India and having the GST Number 27BSJPK2416A1Z6

A. RESOURCE USAGE

• 1. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
• 2. The Shared Hosting Services allow you ‘limited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of two hundred and fifty (250) gigabytes per calendar month.
• 3. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
• 4. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
• a. use more than 10% of our platform's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
• b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
• c. run any type of web spider or indexer
• d. run any software that interfaces with an Internet Relay Chat network
• e. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
• f. participate in any file-sharing/peer-to-peer activities
• g. run any gaming servers
• h. run entries or other scheduled tasks other than by configuring them through our control panel
• i. give away web space under a domain (including Resellers giving away free websites)
• j. operate a proxy website or service
• k. as a remote file host for other websites
• l. operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
• 5. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
• 6. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.
• 7. MySQL Databases are limited to 1024 megabytes in size, when they reach this size we will notify you.
• 8. If you are a Reseller and deactivate a resold web hosting account we will delete it after 50 days.

• 1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
• a. in any way that breaches any applicable local, national or international law or regulation
• b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
• c. for the purpose of harming or attempting to harm minors in any way
• d. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
• e. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM - see below)
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

• 1. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
• 2. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
• 3. Material must:
• a. be accurate (where they state facts)
• b. be genuinely held (where they state opinions)
• c. comply with applicable law in the India  and in any country from which they are posted

o    4. Material must not:

• a. contain any material which is defamatory of any person
• b. contain any material which is obscene, offensive, hateful or inflammatory
• c. contain any material that is pornographic
• d. promote violence
• e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• f. infringe any copyright, database right or trade mark of any other person
• g. be likely to deceive any person
• h. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• i. promote any illegal activity
• j. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
• k. be likely to harass, upset, embarrass, alarm or annoy any other person
• l. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
• m. give the impression that they emanate from us, if this is not the case
• n. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

• 1. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice
• 2. Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
• 3. Venus Web Solutions reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy
• 4. Venus Web Solutions reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion

• You agree not to:
• a. re-sell or offer for the use of third parties any part of our Hosting Services unless a specific Reseller product has been purchased,

o    b. not to access without authority, interfere with, damage or disrupt

• i. any part of the Hosting Services
• ii. any equipment or network used to provide the Hosting Services
• iii. any software used in the provision of the Hosting Services
• iv. any equipment or network or software owned or used by any third party
• c. If you deactivate a resold Hosting Service for 50 consecutive days we will automatically delete this Hosting Service.
• d. You are responsible for the good housekeeping of your Reseller Service. You agree to delete files and Hosting Services that are no longer required

• 1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• 2. Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
• a. immediate, temporary or permanent withdrawal of your right to use the Hosting Services
• b. immediate, temporary or permanent removal of any Material  uploaded to our servers
• c. issue of a warning to you
• d. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
• e. further legal action against you
• f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary

• 1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

GDPR

This Data Processing Agreement (“DPA”) is an addendum to the Terms & Conditions between Venus Web Solutions Ltd (“Venus Web Solutions”) and you (“Customer”).  The DPA will be effective and replace any previously applicable data processing and security terms as from 25^th May 2018 and will continue for as long as Venus Web Solutions provides the services as set out in Venus Web Solutions Terms & Conditions.

Definitions

“Customer Data” means data provided by or on behalf of Customer or Customer End Users via the Services under the account.

“Data Controller” means the entity that determines the purposes and means of the processing of Personal Data.

“Data Processor” means the entity that processes Personal Data on behalf of the Data Controller.

“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including the GDPR.

“Data Subject” means the individual to whom the Personal Data relates.

“EEA” means the European Economic Area.

“GDPR” means EU General Data Protection Regulation 2016/679.

“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under GDPR.

“Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly.

“Sub-Processor” means any third party authorised under this DPA to have logical access to and process Customer Data to provide parts of the Services.

“Services” means any product or service provided to Customer and as described in Venus Web Solutions Terms & Conditions.

Data Processing

Venus Web Solutions will only act and process Customer Data in accordance with the documented instruction from Customer (the “Instruction”), unless required by law to act without such Instruction. The Instruction at the time of entering into this DPA is that Venus Web Solutions may only process Customer Data with the purpose of delivering Services as described in its Terms & Conditions and any product-specific agreements. Subject to the terms of this DPA and with agreement of the parties, Customer may issue additional written instructions consistent with the terms of this Agreement. Customer is responsible for ensuring that all individuals who provide instructions are authorised to do so.

Venus Web Solutions will inform Customer of any instruction that it deems to be in violation of GDPR and will not execute the instructions until they have been confirmed or modified.

When Customer Data is processed by Venus Web Solutions both parties acknowledge and agree that:

- Venus Web Solutions is a Data Processor of Customer Data under the GDPR
- Customer is a Data Controller of Customer Data under GDPR.

Confidentiality

Venus Web Solutions shall treat all Customer Data as strictly confidential information. Customer Data may not be copied, transferred or otherwise processed in conflict with the Instruction from Customer unless required by law.

Venus Web Solutions employees shall be subject to an obligation of confidentiality that ensures that the employees shall treat all Customer Data under this DPA with strict confidentiality and only process Customer Data in accordance with the Instruction.

Sub-Processing

Customer authorises Venus Web Solutions to engage third-parties to process Customer Data (“Sub-Processors”) without obtaining any further written, specific authorisation. Venus Web Solutions will restrict Sub-Processor access to Customer Data to what is necessary to provide the Services.  

Venus Web Solutions shall complete a written agreement with any Sub-Processors. Such an agreement shall at minimum provide the same data protection obligations as the ones applicable under this DPA. It remains accountable for any Sub-Processor in the same way as for its own actions and omissions.

Venus Web Solutions will inform Customer of any new Sub-Processor engagements at least 30 days before the new Sub-Processor processes any Customer Data. Notifications of such engagements will be delivered to the account email address and/or through the control panel interface. It is Customer’s sole responsibility to ensure account information is correct and kept up to date.

Customer has the right to object to a use of a Sub-Processor by terminating this Addendum and Services in accordance with Venus Web Solutions Terms and Conditions. A list of current Sub-Processors.

Security

Venus Web Solutions will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as set out of this Addendum and in accordance with GDPR, article 32. The security measures are subject to technical progress and development and Customer acknowledges that Venus Web Solutions may update or modify the security measures from time-to-time provided that such updates and modifications do not result in the degradation of the overall security. In addition, Venus Web Solutions will make controls available to Customer to further secure Customer Data inside the control panel.

Data Breach Notifications

If Venus Web Solutions becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by Venus Web Solutions, Venus Web Solutions agrees to notify Customer without hesitation or delay. Notifications of such incidents will be sent to the account email address as set by Customer. It is Customer’s sole responsibility to ensure this information is correct and kept up to date inside the control panel.

Venus Web Solutions will make reasonable efforts to identify the cause of any breach and take necessary steps to prevent such a breach from reoccurring.

Customer agrees that Data Breach Notifications will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

Data Subject Rights

If Venus Web Solutions directly receives a request from a Data Subject to exercise such rights in relation to Customer Data, it will forward the request to Customer. Customer must respond to any such request within the timeframes specified within GDPR.

Venus Web Solutions will assist Customer in fulfilling any obligation to respond to requests by data subjects, which may include providing controls via the control panel to help comply with the commitments set out under GDPR.

Data Transfers

Venus Web Solutions stores and processes data in secure datacentres located inside the European Economic Area (“EEA”). Data may be transferred and processed outside the EEA to countries where Sub-Processors maintain their own data processing operations. Customer hereby agrees to the transfer, storing or processing of data outside the EEA. Venus Web Solutions will take all steps reasonably necessary to ensure that Customer Data is treated securely and in accordance with the relevant Data Protection Laws.

Compliance and Audit Rights

Venus Web Solutions agrees to maintain records of its security standards and, upon written request by Customer, Venus Web Solutions shall make available all relevant information necessary to demonstrate compliance with this DPA. Customer agrees any audit or inspection shall be carried out with reasonable prior written notice of no less than 30 days and shall not be conducted more than once in any 12-month period. If Venus Web Solutions declines the request, Customer is entitled to terminate this addendum and Services.

Return or Deletion of Data

Venus Web Solutions only retains Customer Data for as long as required to fulfil the purposes for which it was initially collected. Termination of this Addendum or Services in line with Venus Web Solutions Terms & Conditions will result in all Customer Data being deleted, unless otherwise required by law. For Customer Data archived on back-up systems, Venus Web Solutions shall securely isolate and protect from any further processing.

Limitation of Liability

The total liability of each part under this addendum shall be subject to the limitation of liability as set out in Venus Web Solutions Terms & Conditions. For the avoidance of doubt, in no instance will Venus Web Solutions be liable for any losses or damages suffered by Customer where Customer is using Services in violation of its Terms & Conditions, regardless of whether it terminates or suspend an account due to such violation.

Annex 1 – Sub-Processors

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