TERMS AND CONDITIONS FOR HIVEON POOL

1.1. These Terms and Conditions (the “Terms”) outline the rules and regulations for the use of Hiveon Pool and other Hiveon Services provided by the Company.

1.2. The following definitions apply to these Terms and Conditions:

1.2.1. “Client”, “You” and “Your” or “User” refers to you, the person accessing this website and accepting the Company’s terms and conditions.

1.2.2. “Company”, “Hiveon”, “Operator”, “Ourselves”, “We”, “Our” and “Us” refers to Big Bang Block Ltd., a legal entity registered under the laws of the British Virgin Islands, company number 2107338.

1.2.3. “Party”, “Parties”, or “Us” refers to both the Client and ourselves, or either the Client or ourselves.

1.2.4. “Pool” or “Hiveon Pool” refers to Hiveon mining Pool for ETH, ETC, RVN accessible at https://hiveon.net and means pooling of resources by miners, who share their processing power over a network, to split the reward equally, according to the amount of work they contributed to the probability of finding a block.

1.2.5. “Website(s)” refers to https://hiveon.com, https://hiveon.com/forum, https://hiveon.net.

1.2.6. “Hiveon ID” refers to the authorisation method used by the Company for instant access to all of its Services which requires email, login and a password.

1.2.7. “Software” or “Hiveon OS” refers to operating system used for cryptocurrency mining accessible at https://hiveon.com/os created and owned by the Company, that helps to monitor and keep data on all devices of the users involved in mining.

1.2.8. “Hiveon firmware” refers to hardware offered and supported by Hiveon for the users.

1.2.9. “Hiveon asic hub” refers to the service allowing quick installation and efficient maintenance of asic devices of the users.

1.2.7. “Account” or “Hiveon Account” refers to Hiveon ID account of the User.

1.2.8. “Hiveon Services” refers to all services related to Hiveon Pool provided by the Company available at: https://hiveon.com/features/, including but not limited to Hiveon OS, Hiveon firmware and Hiveon Asic Hub.

1.2.9. Any use of the above definitions or other words in the singular, plural, capitalisation are taken as interchangeable and therefore as referring to the same.

1.3. Please read these Terms and Conditions (the “Terms”) carefully before using the Services described herein. By accessing the website or using Hiveon Pool, you are acknowledging that you have read these Terms, as amended from time to time, and you agree to be bound by them. If you do not agree to these Terms, or any subsequent amendments, changes or updates, do not access the website or use Hiveon Pool.

2.1. By using the Website and the Pool, you represent and warrant that you:

2.1.1. are at least 18 years and have the capacity to form a binding contract;

2.1.2. have not previously been suspended or removed from the Pool;

2.1.3. have full power and authority to enter into this agreement and, in doing so, will not violate any other agreement to which you are a party;

2.1.4. are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us, through your use of Pool;

2.1.5. will not use Services if any applicable laws in your country prohibit you from doing so under these Terms.

2.1.6. are not a resident of one of the following sanctioned countries: North Korea, Iran, Russia, Belarus.

2.2. We may terminate your access to the Services for any breach of the Terms at our sole and absolute discretion.

2.3. Depending on your country of residence, incorporation, or registered office, you may not be able to use all the functions of the Services provided therein. You are responsible for following the rules and laws in your country of residence and/or country from which you access the Services.

3.1. Participation in the Pool and use of the Services are considered authorized for the Users who have been granted valid Hiveon ID or who have manually put in the address of the Pool in the settings of their mining device.

3.2. Using Hiveon ID, you warrant that you agree with these Terms and Eligibility clause.

3.3. Unauthorised use of the Website and/or our systems, including, but not limited to, unauthorised entry into and/or any attempted access of Hiveon’s systems and/or any restricted areas of any of the Website, misuse or sharing of passwords or misuse of any other information, is strictly prohibited.

3.4. You may not use any Services in any manner that could damage, disable, overburden, or impair any part of the Services or interfere with any other party’s use of any of Services.

3.5. You may not attempt to gain unauthorised access to any Hiveon service, computer systems or networks connected to Hiveon Website or service through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Website.

3.6. You agree that you will not engage in any activities related to any of the Services that are contrary to these Terms of Service and/or any applicable laws or regulations.

3.7. You agree to notify us immediately if you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorised use of your password before you have notified us, and we have had a reasonable opportunity to act on that notice.

3.8. We reserve the right to suspend or cancel your Hiveon ID account, if we suspect it is being used in an unauthorised or fraudulent manner, even without receiving such notice from you.

3.9. We do not provide services to clients from the sanctioned countries, namely Russia and Iran. Therefore, we reserve the right to conduct selective KYC and KYB and block accounts of residents of the named sanctioned countries.

4.1. By participating in the Pool, the User is entitled to provide computational power to the Pool, that is, to Hiveon, by using their hardware to perform processing operations sent to them by Hiveon for cryptocurrency mining.

4.2. Hiveon undertakes to utilise the provided and received computational power, a service provided by the User, for cryptocurrency mining. The User acknowledges that the mining itself may not be continuously performed by Hiveon in its own name and on his own account and agrees that it may be performed by third parties different from Hiveon, possibly on their own account under the terms and conditions agreed between Hiveon and this third parties

4.3. Hiveon reserves the right not to accept the computational power without having to give a reason, either temporarily regarding all Users or merely from specific Users.

4.4. The User is entitled to remuneration from Hiveon for performed processing operations, that is, for providing computational power based on the actual amount of mined cryptocurrency and the so-called scoring hash rate at the time of extraction of a valid cryptocurrency block that is then accepted by the cryptocurrency network.

4.5. Users are not entitled to any remuneration or reimbursement of any costs incurred regarding mining the particular block in the event of a so-called fork, that is if the mined block is not accepted into the main blockchain of cryptocurrencies (so-called orphaned block).

4.6. Hiveon confirms the remuneration to the User via their Account within a reasonable period. Hiveon publishes Remuneration Rates on the Pool website. Any special calculation mechanism attributable to the individual miners shall be published on the Website.

4.7. The remuneration is paid out in cryptocurrency, mining of which gave rise to the remuneration claim unless stated otherwise in the case of a particular cryptocurrency.

4.8. The confirmed remuneration is paid to the indicated private blockchain wallet of the User.

4.9. The remuneration is considered duly paid at the moment of sending it to the indicated private blockchain wallet of the User.

4.10. All provided computational power and unpaid confirmed remuneration are recorded and visible at the User’s Account. In case of deletion of the Account, the User waives all of their claims (in particular for the remuneration payment) against Hiveon and, as the case may be, against any other third party operating the Pool. The unpaid confirmed remuneration shall be no longer paid after the deletion of the user account, and from that moment on is considered a contribution to the Pool operation.

4.11. The User acknowledges that the result of mining is depending partially on luck, the result of the mining cannot be foreseen and the amount of the User’s remuneration is therefore variable, there may even be no remuneration at all under some circumstances, and the remuneration is in no case fully or partially guaranteed by the Company.

4.12. The Account and the Pool are not intended to serve as an electronic wallet for User’s assets. In this regard, the User acknowledges that, despite the Company’s constant efforts to improve the Pool’s security against hacking and other similar attacks, these attacks occur on a regular basis, and a successful attack may result in the loss of a certain amount (or even all) of mined cryptocurrency means gathered in the Pool, which will be irreversible. In such a circumstance, neither the Company nor any other person responsible for the Pool’s operation shall be accountable to the User for the loss or theft of these means, or for the resulting inability to pay the entire remuneration.

5.1. Hiveon strives to maintain continuous, uninterrupted Pool operation so that the User can offer computer power (mine) at any moment. However, the User recognizes that the Operator does not guarantee totally uninterrupted (100%) availability of the Pool due to maintenance, repairs, or extraordinary outages.

5.2. If the Pool is unavailable due to a planned temporary maintenance shutdown, the Operator shall inform the User thereof via Website or in any other way, if possible.

5.3. The User is exclusively responsible for configuring its hardware such that it immediately reconnects to the Pool when it becomes available following a shutdown or outage. Neither the Operator nor any other party providing Pool operation is liable for any loss experienced by the User as a result of the Pool’s planned or unscheduled closure or interruption.

5.4. For suspicion of botnet use or other violations of these Terms, the Operator reserves the right to terminate the User’s access to the user account, i.e. the Pool, and thus effectively suspend the provision of computing power from the User.

5.5. The User accepts that the mining process places a high demand on the computing capability of the hardware, which can increase electricity consumption and accelerate wear on specific hardware components. The Operator is not accountable for any such charges, wear and tear, or damages.

5.6. The User carries sole responsibility for using third-party software and/or hardware.

6.1. While accessing the Pool or any other Service, you warrant and agree that you:

6.1.1. will not use the Services for any purpose that is unlawful or prohibited by these Terms;

6.1.2. will not violate any law, contract, intellectual property or other third-party right or commit a tort;

6.1.3. are solely responsible for your conduct while accessing the Pool;

6.1.4. will not access the Pool in any manner that could damage, disable, overburden, or impair the provision of the Services or interfere with any other party’s use of the Services;

6.1.5. will not perform or attempt to perform any malicious attacks on blockchains with the use of the Pool, intended to maliciously gain control of the network’s mining hash rate;

6.1.6. will not use the Pool for any market manipulation or disruption, such as but not limited to Pool disruption;

6.1.7. will not leave the pool without making a sufficient contribution to the mutual mining of the block efforts.

6.2. Abandoning the pool by the user without making sufficient contribution to mutual mining of the block efforts leads to the loss of the computational power of the pool and shall be regarded as “pool hopping attack”.

6.2.1. The ETH pool users that have not attempted to achieve the minimum threshold for the reward payout within the last 6 months before 15 September 2022 by not contributing to the joint efforts of the mining pool members, shall not be entitled to obtain the payout. The users that mined other than ETH coins (e.g., Ravencoin, ETC) are entitled to proceed with mining and to achieve the minimum threshold for the reward payout, otherwise the accumulated amounts less than the minimum threshold shall not be payable.

6.2.2. Such rule is a necessary measure to safeguard the economic interests of the other mining pool members and to discourage the miners from abandoning the pool & withdrawing their computational power.

6.3. In case of violation of any of the Restrictions, Hiveon reserves the right to immediately suspend, terminate/ban your Hiveon Account and suspend your access to the Pool, mainly if we believe that such Hiveon Account violates these Terms or Privacy Policy or any applicable laws and regulation. If the banned user does not provide the reasons for the abnormalities testifying to hacking attempts or any other breach of these Terms within 3 months from the date of the ban, the account of such banned user will be annulled entirely along with the funds without the possibility to restore it or the funds in the future.

6.4. The following violations of the terms shall lead to banning the user’s account in the pool’s system and freezing the next payout:

6.4.1. Proxy or other similar services usage;

6.4.2. High stale share rate of the user’s account over a significant period of time;

6.4.3. High invalid share rate of the user’s account over a significant period of time;

6.4.4. Intentional hiding of reported hash rate;

6.4.5. Significant difference between reported & actual hash rate;

6.4.6. Hacking/stealing other users’ rigs whilst mining on Hiveon Pool;

6.4.7. Any attempt to bypass pool’s fair usage system.

6.5. Unique & complicated cases of violations shall be looked at individually by the pool's administration team and solved at their sole discretion. Multiple bans over a short period of time may lead to permanent ban.

6.6. It shall not be permitted for the users to return their personal wallet deposits, bonuses and funds that were deposited during the promotions and led to the receipt of bonuses.

7.1. You expressly understand and agree that:

7.1.1. Your use of these services is at your sole risk. The services are provided on an 'as is' and 'as available' basis. Hiveon expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement, endorsements or representations whatsoever as to the operation of the Website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use the service will be uninterrupted or error-free or that defects in the service will be corrected.

7.1.2. Hiveon makes no warranty that

(I) the services will meet your requirements

(ii) the services will be uninterrupted, timely, secure, or error-free

(iii) the results that may be obtained from the use of the services will be accurate or reliable

(iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and

(v) any errors in the software will be corrected.

7.1.3. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your hardware and computer systems or loss of data that results from the download of any such material.

7.1.4. No advice or information, whether oral or written, obtained by you from Hiveon or through or from the services shall create any warranty not expressly stated in the terms.

7.1.5. Hiveon reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Hiveon will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

8.1. You acknowledge and agree that the Website and Pool (including Your account) may contain proprietary and confidential information, including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. The Company authorises you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not expressly granted herein are reserved.

8.2. The Company retains all copyright and other intellectual property rights, including inventions, discoveries, know-how, processes, marks, methods, compositions, formulae, techniques, software, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon over all content and other materials contained on Website or provided in connection with the Services, including, without limitation, Hiveon logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof.

9.1. The Website may include connections to third-party websites and/or services (each referred to as a "Third Party Site/Content"). These links are only provided for your convenience. The inclusion of any link is not, and does not imply, an association, sponsorship, endorsement, approval, investigation, control, verification, or monitoring of any content provided on any third party site by Hiveon.

9.2. In no event shall Hiveon be liable for any third party site’s information or your use or failure to utilise such site. You should also be aware that the terms and conditions and privacy policies of each third party site, will differ from those that apply to your use of the Website. For details on the applicable third party site’s terms and conditions and/or privacy policy, you should contact the operator of that site.

9.3. Certain portions of the Website may contain unedited or third-party content, including, without limitation, user submitted content.

9.4. All user submitted content, as well as all other postings, messages, text, images, links to third-party websites, or other materials published on or otherwise made available by parties other than Hiveon are solely the responsibility of the person(s) who originated such content.

10.1. Please refer to our Privacy Policy published on the Website for information about how we collect, use and share your data and what options you have regarding your personal information. We employ the use of cookies. By using Hiveon websites you consent to the use of cookies in accordance with Hiveon Privacy Policy. Most of the contemporary interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

11.1. You understand and agree that the Company and any of its subsidiaries and affiliates, as well as its founders and participants, managers and directors, employees and contractors, officers and agents shall in no event be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of:

11.1.1. the use of or the inability to use the services or information, or

11.1.2. any permanent or temporary cessation of such service or access to information, or

11.1.3. the deletion or corruption of any content or information, or

11.1.4. the failure to store any content or information.

11.1.5. the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;

11.1.6. unauthorized access to or alteration of your transmissions or data;

11.1.7. statements or conduct of any third party on the services; or

11.1.8. any other matter relating to the services.

11.2. The above limitation shall apply whether or not Hiveon has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for damages is not allowed, the liability of Hiveon is limited to the greatest extent permitted by law.

11.3. You agree to indemnify and hold harmless Hiveon, its subsidiaries and affiliates, as well as its founders and participants, managers and directors, employees and contractors, officers and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

11.3.1. your use of, or conduct in connection with, Services,

11.3.2. your breach or our enforcement of these Terms, or

11.3.3. your violation of any applicable law, regulation, or rights of any third party during your use of Services.

11.4. If you are obligated to indemnify Hiveon pursuant to these Terms, Hiveon will have the right, in its sole discretion, to control any action or proceeding and to determine whether Hiveon wishes to settle, and if so, on what terms.

11.5. The disclaimer and/or limitation of liability provisions contained herein shall be applied to the greatest extent permitted by law in certain jurisdiction.

12.1. You agree and consent to receive all communications, agreements, documents, receipts, notices and disclosures electronically that Hiveon provides in connection with your Account or use of the Pool. You agree that Hiveon may provide these communications to you by posting them via the Account or emailing them to you at your email address. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

12.2. In case of necessity to send a notice to us, you may contact us at: [email protected].

12.3. All complaints and/or concerns of any nature from external parties can be addressed to the email: [email protected]

13.1. These Terms shall be governed, construed and enforced under the laws of the British Virgin Islands, without regard to conflicts of legal rules.

13.2. Unless otherwise agreed in writing between you and us, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by the relevant courts of the British Virgin Islands.

14.1. If for any reason any provision of these Terms, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

14.2. Hiveon reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted, and your continued use of Hiveon after any changes to Terms will signify your agreement to be bound by them.