Section 1 - General terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

• 1. Restrict, suspend or terminate your access to all or any part of our Site;
• 2. Change, suspend or discontinue all or any part of our products or Site;
• 3. Refuse, move, or remove any content that is available on all or any part of our Site;
• 4. Deactivate or delete your accounts;
• 5. Establish general practices and limits concerning the use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt-out of receiving these notices.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tempestcontent is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Tempest and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tempest or our licensors except as expressly authorized by these Terms.

Section 2 - 48 Hour Money Back Guarantee

If you are unsatisfied with our services, Tempest Hosting LLC offers a refund in the form of account credit for any payments made within 48 hours prior to the refund request. However, we do not issue refunds for payments made using cryptocurrencies. Instead, refunds for cryptocurrency-related payments will be provided as account credit.

If you request a refund outside of the 48-hour window, you will not be eligible for a refund. However, Tempest Hosting LLC may, at its discretion and if no other Terms and Conditions have been violated, grant a partial refund as account credit that can be used for our services.

Tempest Hosting LLC reserves the right to deny a refund under any of the following circumstances:

• – Violation of any other rule in our Terms of Service.
• – Involvement in outgoing DDoS attacks.
• – Hosting illegal content or participating in attacks on our network.
• – Any action deemed unfit or inappropriate under our network, at our discretion.

Section 3 - Creating An Account

Once you create an account with us, you are registered on the Tempest Site. The terms "member," "membership," and "account" all refer to this registration as a member on Tempest's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.

When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility you need to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tempest is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

• a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
• b) maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Tempest Hosting LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Tempest Hosting LLC Services, or any portion thereof.

Section 4 - Conduct

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Tempest Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Tempest.

Furthermore, you herein agree not to make use of Tempest Hosting LLC's Services for the purpose of:

• a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
• b) causing harm to minors in any manner whatsoever;
• c) impersonating any individual or entity, including, but not limited to, any Tempest officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
• d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
• e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
• f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
• g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
• h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
• i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;
• j) interfering with or disrupting any Tempest Hosting LLC services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
• k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
• l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
• m) "stalking" or with the intent to otherwise harass another individual; and/or
• n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities that have been set forth in the aforementioned paragraphs.
• o) Using any tunneling or VPN technologies to resell Tempest bandwidth and/or protection, as well as creating tunnels to other datacenters with the express purpose of providing remote DDoS protection.

Tempest Hosting LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.

Tempest Hosting LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

• a) compliance with any legal process;
• b) enforcement of the Terms;
• c) responding to any claim that therein contained content is in violation of the rights of any third party;
• d) responding to requests for customer service; or
• e) protecting the rights, property or the personal safety of Tempest Hosting LLC, its visitors, users and members, including the general public.

Tempest Hosting LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Tempest Hosting LLC or any other content providers supplying content services to Tempest Hosting LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

Section 5 - Global Use; Export / Import Compliance

Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

• a) are not on the list of prohibited individuals who may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
• b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
• c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
• d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Section 6 - Submitted Content

Tempest Hosting LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Tempest Hosting LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

• a) The content submitted or made available for inclusion on the publicly accessible areas Tempest Hosting LLC's Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Tempest Hosting LLC's sites, and shall terminate at such time when you elect to discontinue your membership.
• b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Tempest Hosting LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Tempest Hosting LLC's sites and shall terminate at such time when you elect to discontinue your membership.
• c) For any other content submitted or made available for inclusion on the publicly accessible areas of Tempest Hosting LLC's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of Tempest Hosting LLC's Sites are those such areas of our network properties that are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

Contributions to Company Website

Tempest Hosting LLC may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

• a) your contributions do not contain any type of confidential or proprietary information;
• b) Tempest shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
• c) Tempest shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
• d) the contributor's Contributions shall automatically become the sole property of Tempest; and
• e) Tempest is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Section 7 - Indemnity

All users and/or members agree to insure and hold Tempest Hosting LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Tempest Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Section 8 - Commercial Reuse of Services

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Tempest's sites.

Section 9 - Modifications

Tempest Hosting LLC reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Section 10 - Termination

As a member of https://tempest.net, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request.

As a member, you agree that Tempest Hosting LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

• a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
• b) by way of requests from law enforcement or any other governmental agencies;
• c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
• d) unexpected technical or security issues and/or problems;
• e) any extended periods of inactivity;
• f) any engagement by you in any fraudulent or illegal activities; and/or
• g) the nonpayment of any associated fees that may be owed by you in connection with your https://tempest.net account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with https://tempest.net shall include any and/or all of the following:

• a) the removal of any access to all or part of the Services offered within https://tempest.net;
• b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
• c) the barring of any further use of all or part of our Services.