All users of "The venus host" services, and all customers upon signing up for "The venus host" services, agree to comply with "The venus host" Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using "The venus host" services with due regard to the rights of other Internet users and in conformity with the requirements of "The venus host" network environment. The TOU are not exhaustive and "The venus host" reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.thevenushost.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@thevenushost.com

Please see our abuse terms for more details on abuse policy.

When you agree to the terms, you are also agreeing to our Billing terms. Click here for more info on our billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of "The venus host" , this TOU supersedes any other agreement with "The venus host", whether written, oral, by conduct, or otherwise.

The venus host Customer Restrictions Server Resources

"The venus host" will be the sole arbiter of what is considered to be a high server usage level. Please see our abuse terms for a detailed listing of our resources. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to "The venus host" customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a "The venus host" server, and selling or distributing software (on a Web site residing on a "The venus host" server) that facilitates spamming. Violators will face immediate suspension. "The venus host" reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Uptime Guarantee

"The venus host" guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network and web server uptime. It does not cover any areas where "The venus host" has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, denial of service attacks, or connection issues between the client's location and the "The venus host" data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Dancome.com cannot directly influence. In the event that "The venus host" does not meet the 99.9% uptime guarantee a hosting credit will be issued to the customer's web hosting account. Credit added will be 1 additional month of hosting for every 8 hours of downtime that exceeds the 99.9% guarantee.

IRC

"The venus host" Web Hosting does not allow IRC or IRC bots to be operated by Web Hosting.

Software Distribution & Gaming

"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. Running any online gaming is prohibited due to intense CPU and memory usage.

Ownership of Web Site

The legal owner of customers' Web sites and accounts with "The venus host" will be the individual or organization whose name is listed in "The venus host" database as the owner. Customers will fully cooperate with and abide by any and all of "The venus host" security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with "The venus host".

Illegal Use

"The venus host" servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing "The venus host" services, all "The venus host" customers certify that they and/or the organization they represent in procuring services from "The venus host" are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All "The venus host" customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a "The venus host" customer (per the DMCA) to "The venus host" must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at "The venus host" sole discretion.

DMCA Copyright Infringement Notification Requirements:

1. Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"). 2. Identification of the copyrighted work(s) claimed to have been infringed. 3. Identification of the material claimed to infringe the copyright(s), and enough information for "The venus host" to locate it including URLs and specific descriptions of the infringing material at each URL. 4. The Claimant's name, address, and telephone number(s). 5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. 6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Child Pornography and Pornography

The use of "The venus host" services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. "The venus host" is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Indemnification

"The venus host" customers agree to protect, defend, hold harmless, and indemnify "The venus host" , any third party entity related to "The venus host" (including, without limitation, third party vendors), and "The venus host" executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of "The venus host" services.

Disclaimer

The "The venus host" service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. "The venus host" expressly disclaims any representation or warranty that the "The venus host" service will be error-free, secure or uninterrupted. No oral advice or written information given by "The venus host" , its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. "The venus host" and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL "The venus host" (INCLUDING, WITHOUT LIMITATION, "The venus host" EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING "The venus host" SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR "The venus host" SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY "The venus host" SERVICES EVEN IF "The venus host" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. "The venus host" TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR "The venus host" SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY "The venus host" OR "The venus host" REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

"The venus host" may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with "The venus host" services. Certain changes to "The venus host" services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and "The venus host" is not liable, for any and all such personalized applications and content, except as expressly agreed to by "The venus host".

Backup of Data

Except where "The venus host" has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and "The venus host" is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with "The venus host" services. "The venus host" servers are also NOT be used as a backup storage and is only intented for hosting web files.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between "The venus host" and its customers. Each of "The venus host" and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for "The venus host" services, constitutes the complete understanding and agreement between "The venus host" and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of "The venus host", the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for "The venus host" services is between "The venus host" and its customers only and will not confer any rights in any third party except as otherwise expressly provided by "The venus host".

We support

The following outlines the scope and limitations of support "The venus host" offers its clients. Since web hosting has such a large mixture of customer supplied software and third party products, it is important to us to specify what services fall under the responsibility of our company and what services fall under the responsibility of the customer and/or third party vendors.

Common web based services. We continuously monitor and ensure all services are operating normally such as FTP, email, SSH, cPanel, MySQL and php. If you believe these services are not functioning correctly, we will manually check for you.

Server Management. We will maintain, secure, and configure all software that reside on our server. This includes Apache, MySQL, and php. As a result, software packages installed may not always be the latest version available or compatible with your own software. Please check with our support staff if you have any questions regarding compatibility.

Hardware Maintenance. We continuously monitor and maintain our server hardware. In the event of a hardware failure, we will repair the issue as soon as we are able.

Basic Script Installation. We provide installation services on specific third party scripts. We do not provide support or information on how to use the scripts or its features. We will not install any plugins or perform any customization to your scripts after the initial installation. Since these products are provided by third party vendors, we are unable guarantee the security or maintenance of the scripts. Any security features or updates will need to be performed by the client.

Backup of data. All clients are responsible for maintaining current backups of data. We do have our own backups in the event of a disaster. These backups are available for restoration; however, we do not guarantee the availability of lost data. Customer requested changes. In the event a customer requests a change that will affect the daily operation of the account, we will notify the client of any configuration changes that needs to be made to the software on their account beforehand. It is the client's responsibility to make any changes to the scripts or software installed in order to resume functionality. This includes primary domain name changes and username changes.

Customer responsibility Basic computer and Internet knowledge It is expected that you have general knowledge of computing and directory structure. It is also expected that you have a basic understanding of Internet concepts such as DNS, email, and FTP.

Domain Names. If your domain name is not registered with us, you are responsible for using the supported services provided by your registrar for anything related to your domain name. This includes: DNS changes made at the domain name level, name server registration, and name server changes. If you choose not to use our nameservers, you are responsible for modifying your DNS records to point to your IP address, which can change without notification.

Email Client Configuration. We can assist you with the most basic settings for an email account with your preferred mail client, such as Microsoft Outlook, Apple Mail or Thunderbird. However, we cannot assist you in any advanced configuration or troubleshooting, such as spam filtering or adding third party email accounts.

FTP Client Configuration. Because there are so many different FTP clients available, we are unable to provide extensive troubleshooting relating to the advanced configuration of your FTP software. We will do our best to help you make a connection to your account using known working configuration settings.

Scripts & Applications. You are fully responsible for the operation of any and all scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications. This is a policy we must strictly adhere to.

Refusal of Service

We reserve the right to refuse, cancel or suspend service at our sole discretion, including but not limited to spamming and the abuse of staff or our servers. All sub-networks, distributive hosting sites of "The venus host" must adhere to the above policies.

Billing and Renewal Terms

We list out a complete and detailed term for our billing terms which includes but limited to our pricing, cancellations and anything that is related to billing.

Third Party Providers

You agree that certain services may be provided by third party providers of "The venus host" and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

 

TOS

 

This page tells you the terms and conditions on which we supply our services described on our website www.thevenushost.com to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”)

Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. Our Data Processing Agreement under the General Data Protection Regulation (GDPR) forms part of these terms and conditions. We would recommend you read through the terms carefully, printing a copy of your records if required.

·         1. INFORMATION ABOUT US

    • 1.1. www.thevenushost.com is a site operated by Venus Web Solutions Limited (“we”, “us” and “our”). We are registered in India
    • Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
    • 1.2 Contracts for the purchase of Services through our site will be governed by Indian law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of  India. English is the language offered for the conclusion of the contract between us both

·         2. YOUR STATUS

    • 2.1. By placing an order through our website, you warrant that:
    • 2.1.1. you are legally capable of entering into binding contracts
    • 2.1.2. you are at least 18 years old.
    • 2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

·         3. THE ORDER PROCESS

    • 3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
    • 3.2. Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
    • 3.3. Before being able to submit an order you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order.
    • 3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.

·         4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

    • 4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.
    • 4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
    • 4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

·         5. OUR STATUS

    • 5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
    • 5.2. Any disclaimer does not affect your statutory rights against the third party seller.

·         6. CONSUMER RIGHTS

    • 6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations  allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
    • 6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations
    • 6.3. This provision does not otherwise affect your statutory rights.

·         7. OUR LIMITED MONEY BACK GUARANTEE

    • 7.1. Once the Contact has been formed you may cancel the Contract in relation to the Hosting Service you have purchased.
    • 7.2. In such cases, you may cancel at any time within 30 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
    • 7.3. To cancel the Contract you must inform by raising a support ticket before the end of the 30 day period mentioned in clause G(b) above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Hosting Service and your cancellation will be ineffective. This is to ensure that we do not delete any data you need to retain.
    • 7.4. In summary, the Services which may not be cancelled under the limited money back guarantee include (but are not limited to):
      • 7.4.1. Domain Registration and Domain Registration Renewals.
      • 7.4.2. Private SSL certificates.
      • 7.4.3. Virtual Nameservers and other ‘add on’ products.
      • 7.4.4. Virtual Private Servers (VPS) and associated products.

·         8. PRICE AND PAYMENT

    • 8.1. The price of any Services will be as quoted on our website (exclusive of GST).
    • 8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
    • 8.3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
    • 8.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:
      • 8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
      • 8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
      • 8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
    • 8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.
    • 8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
    • 8.7. If we fail to authorise payment your account may be suspended.

·         9. QUALITY

    • 9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
    • 9.2. We will not be liable for a breach of the warranty provided above unless:
      • 9.2.1. you give written notice of the breach to us
      • 9.2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you
      • 9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
      • 9.2.4. you alter the Services without our written consent
      • 9.2.5. the problem arises because of misuse
    • 9.3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
    • 9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

·         10. ACCESS TO THE HOSTING SERVICE

    • 10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
    • 10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).

·         11. HOSTING SERVICE SERVICE LEVELS

    • 11.1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.

·         12. IP ADDRESSES

    • 12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.
    • 12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
    • 12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

·         13. BACK-UP OF YOUR MATERIAL AND OUR SERVERS

    • 13.1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
    • 13.2. We will follow our archiving procedures for the data stored on our servers.
    • 13.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

·         14. HOSTING SERVICE USAGE LIMITATIONS

    • 14.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
    • 14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
    • 14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
    • 14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
    • 14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
    • 14.6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.
    • 14.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
    • 14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

·         15. SUPPORT

    • 15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
    • 15.2. We do not provide telephone technical support. Support is provided via online support ticket or online chat.

·         16. DOMAIN NAMES

    • 16.1. Where the Contract includes our Domain Registration and Renewal Service:
      • 16.1.1. we will endeavour to procure the registration of the domain name you request
      • 16.1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
      • 16.1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry.
      • 16.1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
      • 16.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.
      • 16.1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
      • 16.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
      • 16.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
    • 16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
    • 16.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
    • 16.4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
    • 16.5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
    • 16.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

·         17. INTELLECTUAL PROPERTY RIGHTS

    • 17.1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
    • 17.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
    • 17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
    • 17.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you.
    • 17.5. Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
    • 17.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.
    • 17.7. We will defend you against any claim that the Hosting Services infringe any Indian intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
      • 17.7.1. you give prompt notice of any such claim.
      • 17.7.2. you make no admissions or settlements without our prior written consent.
      • 17.7.3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.
      • 17.7.4. we are given sole authority to defend or settle the claim.

·         18. OUR LIABILITY

    • 18.1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.
    • 18.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
    • 18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
    • 18.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
    • 18.5. We do not exclude or limit in any way our liability:
      • 18.5.1. for death or personal injury caused by our negligence;
      • 18.5.2. under section 2(3) of the Consumer Protection Act 1987
      • 18.5.3. for fraud or fraudulent misrepresentation
      • 18.5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

o    18.6. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

      • 18.6.1. loss of income or revenue.
      • 18.6.2. loss of business.
      • 18.6.3. loss of profits or contracts.
      • 18.6.4. loss of anticipated savings.
      • 18.6.5. loss of goodwill.
      • 18.6.6. loss of software or data.
      • 18.6.7. wasted expenditure (such as pay per click advertising costs).
      • 18.6.8. wasted management or office time.
    • 18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
    • 18.8. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
    • 18.9. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

·         19. DURATION OF THE SERVICES AND CANCELLATION

    • 19.1. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
    • 19.1.1. we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name
      • 19.1.2. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
      • 19.1.2.1. the Domain Name is no longer available for registration
      • 19.1.2.2. you are in breach of the terms and conditions herewith
      • 19.1.2.3. of some other reason preventing the registration of the Domain Name.
    • 19.2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.

o    19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:

      • 19.3.1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or support live chat;
      • 19.3.2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket or support live chat
      • 19.3.3. by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
      • 19.3.4. by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
      • 19.3.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.
    • 19.4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
    • 19.5. The monthly price for Services we supply under Contracts that continue on a month to month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.
    • 19.6. We will not provide you with a refund for a cancellation that is part-way through a billing period.
    • 19.7. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.
    • 19.8. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
    • 19.9. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.
    • 19.10. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.

·         20. DELETION OF YOUR DATA

    • 20.1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.
    • 20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

·         21. ADDITIONAL TERMS

    • 21.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.

·         22. WRITTEN COMMUNICATIONS

    • 22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
    • 22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

·         23. NOTICES

    • 23.1. All notices given by you to us must be given though our online system.
    • 23.2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.

·         24. THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS

    • 24.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
    • 24.2. The Contract is binding on you and us and on our respective successors and assigns.
    • 24.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
    • 24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

·         25. EVENTS OUTSIDE OUR CONTROL

    • 25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
    • 25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      • 25.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
      • 25.2.2. strikes, lock-outs or other industrial action;
      • 25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      • 25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      • 25.2.5. impossibility of the use of public or private telecommunications networks; and
      • 25.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
      • 25.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

·         26. WAIVER

    • 26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    • 26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    • 26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

·         27. SEVERABILITY

    • 27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

·         28. ENTIRE AGREEMENT

    • 28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    • 28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    • 28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

·         29. CHANGES TO OUR TERMS AND CONDITIONS

 

    • 29.1. We have the right to revise and amend these terms and conditions from time to time.
    • 29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
    • 29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

 

Website Terms of Service

 We are Venus Web Solutions and we own and operate this website (‘Site’).

·         1. Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

·         2. You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

·         3. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).

·         4. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

·         5. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

o    5.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

o    5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

o    5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

·         6. We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

o    6.1 All conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and

o    6.2 Any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

·         7. Your permission to use the Site is personal to you and non-transferable. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

o    7.1 use the Site for any fraudulent or unlawful purpose;

o    7.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

o    7.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;

o    7.4 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;

o    7.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

o    7.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

o    7.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

o    7.8 remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

o    7.9 frame or mirror any part of the Site without our express prior written consent;

o    7.10 create a database by systematically downloading and storing Site content;

o    7.11 use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

We reserve the right to revoke these exceptions either generally or in specific instances.

o    7.12 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

o    7.13 You may create a link to this Site, provided that:

§  7.13.1 the link is fair and legal and is not presented in a way that is:

§  7.13.1.1 misleading or could suggest any type of association, approval or endorsement by us that does not exist, or

§  7.13.1.2 harmful to our reputation or the reputation of any of our affiliates;

§  7.13.2 you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so;

§  7.13.2.1 the link is to the homepage of this Site at the following URL https://www.thevenushost.com/;

§  7.13.3 the link will not cause this Site or any content on this Site to be:

§  7.13.3.1 embedded in or ‘framed’ by any other website, or

§  7.13.3.2 otherwise displayed in a way different to the way originally intended by us.

We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.

 

Complaint Procedure

Make a complaint

 Make a complaint

If you need tech support or help with your billing, sign into thevenushost.com and head to Support so we can resolve everything for you over a secured connection.

If you wish to make a complaint, we’re sorry to hear that you’re having problems with our services.

We hope we can turn this around and make it into a good situation as fast as we can.

Please fill in the form below with details of your issue and we’ll get back to you within two working days after thoroughly investigating it.

Name, Your email address or Contact Number and Your Complaint

Venus Web Solutions. guarantee 99.99% network availability in a given month for our Virtual Private Servers (VPS), subject to exclusions as defined below:

  • Upgrades, scheduled maintenance, or emergency maintenance windows.
  • Where it has been identified that the customer’s website and/or server is degrading the overall performance, quality and/or operation of the Venus Web Solutions network.
  • Any customer actions that lead to technical issues, such as custom code or third-party software installed by the customer, wilful misconduct, or breaches of the Venus Web Solutions Terms and Conditions.
  • Periods reported by the customer in which no fault is observed or confirmed by Venus Web Solutions.
  • Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks.

Network service is only considered unavailable during periods when the servers and/or connectivity is either completely inaccessible or is severely degraded.

In the unlikely event of server hardware failure which cannot be fixed, Venus Web Solutions guarantees that replacement hardware will be available within Twenty four hours of the problem's diagnosis. If availability falls below this guarantee in any given calendar month we shall credit your account with a half day ( 24 hours) service credit for each hour that the service is not available, subject to a maximum credit in any one month of 50% of the monthly fee.

To claim your credit, please submit a ticket to Customer Services from Venus Web Solutions within 7 working days of the incident.

 

Venus Web Solutions VPS Service Level Agreement

Venus Web Solutions Ltd. guarantee 99.99% network availability in a given month for our Virtual Private Servers (VPS), subject to exclusions as defined below:

·         Upgrades, scheduled maintenance, or emergency maintenance windows.

·         Where it has been identified that the customer’s website and/or server is degrading the overall performance, quality and/or operation of the Venus Web Solutions network.

·         Any customer actions that lead to technical issues, such as custom code or third-party software installed by the customer, wilful misconduct, or breaches of the Venus Web Solutions Terms and Conditions.

·         Periods reported by the customer in which no fault is observed or confirmed by Venus Web Solutions.

·         Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks.

Network service is only considered unavailable during periods when the servers and/or connectivity is either completely inaccessible or is severely degraded.

In the unlikely event of server hardware failure which cannot be fixed, Venus Web Solutions guarantees that replacement hardware will be available within Eight  hours of the problem's diagnosis. If availability falls below this guarantee in any given calendar month we shall credit your account with a half day (12 hours) service credit for each hour that the service is not available, subject to a maximum credit in any one month of 50% of the monthly fee.

To claim your credit, please submit a ticket to Customer Services from Control Panel Web Solutions within 7 working days of the incident.

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