By opening an account with VinaHost, Customer agrees to be bound by the following terms of services. Questions or comments regarding these terms of service should be forwarded directly to the VinaHost.
If Customer violates these Terms of Service, VinaHost reserves the right to terminate Customer’s service without notice. VinaHost may advise Customer of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.
1. Customer Responsibility
1.1.
Customer is solely responsible for the content stored on and served by VinaHost’s servers.
1.2. Customer must provide VinaHost with, and keep current, good contact information. Email, fax and telephone contacts are used, in that order of preference.
1.3. Customer is responsible for any misuse of Customer’s account, even if the inappropriate activity is committed by a friend, family member, guest or employee. Therefore, Customer must take steps to ensure that other people do not gain unauthorized access to Customer’s account.
1.4. Customer may not use Customer's account to breach security of another account or attempt to gain unauthorized access to another network or server.
2. Payment and Refund
2.1. Establishment of this service is contingent upon receipt of payment from Customer to VinaHost. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such service.
2.2.
For currently in-used services, Customer is reminded 7 days before the due date. Late payment has to be informed and has to be accepted by us. If Customer does not pay in 14 days from the day you receive the reminder, VinaHost will temporarily deny or terminate service and VinaHost are not responsible to any damage due to the termination of service.
2.3. Refund: VinaHost only refund in case we no longer provide services that Customer already pays. If Customer violates our terms of services and Customer’s website is cancelled, we do not return money to Customer. Domain registration fee is not refundable in any case.
3. Service Guarantee
In the event that Customer wishes to cancel Services or Products within 15 days of placing the order, VinaHost will refund all fees paid to Customer. Set up, transfer and domain registration fees are not refunded.
4. Prohibited Uses of Services and Products
4.1. Content and Copyright
4.1.1. Transmission, storage or distribution of any information, data, or material in violation of any applicable law or regulation in Vietnam is prohibited. VinaHost reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Some examples of unaccepted content:
• Propagate, attack, backbite Vietnamese government.
• Instruct the use of military equipments such as bomb, mine and so on for terrorism purpose.
• Sexual and depraved stimulated information and documentations.
• Non-cultural, immoral information and documentations.
• Information and documentations related to business secrets.4.1.2. Copyright infringement, illegal use of registered trademark, trade secret is prohibited. Some examples of copyright violation:
• Use and distribute tools to crack authorized software and other products.
• Use and distribute unauthorized software, music, videos, books, pictures and so on.4.2. Server and Network Abuse
4.2.1. Introduction of malicious programs into VinaHost’s network or servers such as viruses and worms.
4.2.2. Effecting security breaches such as:
• Access data of which Customer is not an intended recipient.
• Logging into a server or account that Customer is not expressly authorized to access.
• Logging into an account that Customer is not expressly authorized to access.
4.2.3. Executing any form of network monitoring which will intercept data not intended for Customer.
4.2.4. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
4.2.5. Using any program/script/command designed to interfere server.
4.2.6. Any attempt to circumvent or alter monitoring, bandwith tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of VinaHost, including but not limited to altering, removing or any way modifying or tampering with Vinahost created log files.
4.2.7. Any action which VinaHost determines, in its own judgment, will reflect poorly on VinaHost or negatively impact its operation.
4.3. SPAM and Unsolicited Commercial Email (UCE)
VinaHost prohibits the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Customer may not use or permit others to use VinaHost’s network to transact in UCE.
Upon notification of an alleged violation of our SPAM policy, VinaHost will initiate an immediate investigation and may restrict customer access to the network to prevent further violations. If Customer is found to be in violation of our SPAM policy, VinaHost may, at its sole discretion, restrict, suspend or terminate Customer’s account.
4.4. Scripts, Background Running Programs and Cron Jobs
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. VinaHost does not permit scripts & programs sharing with domains not hosted by VinaHost or any scripts & programs that may be abused for UCE purposes.
4.5. Chat Rooms and IRC
VinaHost does not allow Customer to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted. However, we provides other chat rooms that meet most users’ needs and run without hindering system performance.
4.6. Prohibited Scripts and Programs
The following scripts are banned because they are either resource hogs or harmful:
• IRC, Game or Chat software
• UltimateBBS (all versions)
• Ikonboard (all CGI versions)
• IRC Egg Drops
• Proxy Servers
• nph-proxy
• The Anonymizer
• Soap mailers
• Auto email capturing script
• SafeLists
• formmail.pl – Please use provided formmail script!
• Shell Scripts and Shell Alternatives
5. Data backup
VinaHost automatically backups data every day. However, the data is only used for management and server operation purposes. We try our best to fully and exactly backup. If Customer requires, we will send these backup files. We are not responsible for the lost of data due to unexpected reasons such as natural disasters, fires, hardware damage, DNS errors and so on.
6. Domain Ownership
All Customer’s domain names registered by VinaHost belong to Customer. Customer has the right to use and has the responsibility to preserve your own domain names. After VinaHost registers domain name, Customer is provided the password and instructions to change password and manage registered domain names. After receiving password, Customer is solely responsible for domain names management. After that, we are not responsible for Customer’s complaint about losing domain names, losing passwords.
7. Suspension of Service or Cancellation
7.1. VinaHost reserves the right to refuse, cancel or suspend service at its sole discretion in the judgment of network administrators that the Customer’s account is the source or target of the violation of any of the other terms of the TOS. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Customer will not be credited for the time the customer's machines were suspended.
7.2. If Customer wants to cancel the account, Customer needs to send email to us and receives our confirmation to avoid the case we receive the request from other people. Customer has to pay fully until we confirm to cancel the account.
8. Indemification
For any violation of the Terms of Service that results in loss to VinaHost, Customer has to indemnify. If VinaHost is sued because of a Customer, Customer will pay any damages against VinaHost, plus all costs and attorney’s fees.
9. Revisions to the Terms of Service
VinaHost reserves the right to revise, amend, or modify this TOS and its other policies and agreements at any time. Customer shall be informed immediately and has to accept the new Terms of Service if continuing using our services.
