Terms of Service
The following terms and conditions apply to all of AppVZ Online services, except as otherwise agreed in writing. Violation of these terms and conditions may result in suspension or removal of your service.
Purpose of Use
- Customers are not allowed to use AppVZ Online services for activities that violate the laws of the Socialist Republic of Vietnam and international regulations applicable in Vietnam.
- Customers must not exploit vulnerabilities or misuse management features provided by AppVZ Online for purposes beyond the specified scope of service usage.
- Customers are responsible for the content and purpose of the services they directly use at AppVZ Online.
- Customers must provide accurate and complete contact information when registering or updating their details with AppVZ Online.
- Necessary contact information includes full name, address, email, phone number, and a copy of the national ID card or passport (for individual customers or representatives of organizations), along with the business license number for corporate customers.
- Customers are responsible for safeguarding their account login information and must not share it with others.
- Customer must take all security precautions necessary to ensure the security of your server and our network.
- Customer must use reasonable security precautions for providing access to the services by its employees or other individuals.
- We also reserve the right to indefinitely suspend or remove server that is danger to our network.
- AppVZ Online notifies customers of payment obligations via email and provides an appropriate grace period for payment.
- Customers must monitor payment notifications and adhere to the specified payment deadlines based on service category.
- Refunds for service costs are governed by AppVZ Online’s refund policy.
- AppVZ Online reserves the right to suspend or remove the server upon non-payment, or if for any reason customer file a charge back or a dispute.
- Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
- Customer can send notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket.
- In order for your cancellation to be successful you must receive confirmation from AppVZ Online.
- AppVZ Online reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund.
- If the customer intends to devolve his contractual rights to another person, he requires our consent.
- If an account is cancelled due to non-payment, AppVZ Online reserves the right to delete contents without notice and re-provision the server.
- In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of AppVZ Online.
- All information available to AppVZ Online about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the Vietnam, or abroad.
- The customer is entitled to third-party contractual rights using the internet presence provided to him by us. In this case, the customer still remains the sole contractor. The customer is committed to all the terms of the contract, arising from the terms and conditions as well as from our order forms, passing these on to all third parties and obliging them to comply with the terms.
- When changes need to be made regarding the participation acts of third parties, the customer is obligated to cooperate. The customer will provide us with the third party's address and contact details on request. We are entitled, in the case of changes, to contact third parties directly to demand their written agreement to the changes.
- The customer is responsible for all third party contractual violations. The customer is financially liable to us for all damages resulting from third party violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.
- This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements.
- If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Disclaimer & Liability
- AppVZ Online is not responsible for any damages to any customer business.
- AppVZ Online makes no warranties or guarantees of any kind, expressed or implied, for services provided. Use of AppVZ Online service is at the customer sole risk. Under no circumstances will AppVZ Online be liable for any claims resulting from the use or inability to use AppVZ Online services including, but not limited to, service interruptions, customer errors, Internet connectivity problems, miscommunications, unauthorized access to AppVZ Online servers, DNS caching, Internet bandwidth congestion, power failures, vandalism, or natural disasters.
- Customer must agree that AppVZ Online is not liable for any data loss in connection with its services. Customers are solely responsible for creating backups of their data.
- Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
- All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
We use you personal data for internal purposes only, contact information, billing information, technical information, usage information and reseller information. We will not use any of this information to sell data or spam users, customers or visitors.
Information We Collect
- When you register for an account with AppVZ Online, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
- When you add your financial account information to your account, that information is directed to our third-party payment processors.
- If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.
- Personal information that you are asked to provide to us, in addition to reasons why you are asked to provide it, will be clarified at the point we ask you to provide such information.
- We may receive information about you that is publicly available from our third-party partners and combine it with data we already have about you.
- We gather information automatically and store it in log files. In addition, when you use our services, we may collect certain information automatically. This information may include: Internet Protocol Addresses (IP), browser types, Internet Service Provider Information (ISP), operating system, date/time stamps, referring pages etc.
Third Party Links
- Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
- When users send email inquiries through contact forms, the email address entered will not be used except the return email address for any other purpose and we will not share email address entered with any third party.
- The cookies are essential to enable you to move around a website and use its features. Without these cookies, services you have asked for cannot be provided.
- By gathering and remembering information about your preferences, the web application can tailor its operation to your needs, likes, and dislikes.
- You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.
- Your payment transaction may be processed by one of our third-party payment vendors, ex: PayPal, PerfectMoney etc.
- These vendors are payment providers who can process your payment on behalf of AppVZ Online.
- We never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Public Forums & Social Media
- Any information you may disclose in blog, or other public areas of our websites or the Internet (ex. our social media account), becomes public information.
Server Log Files
- Whenever you visit our websites, we automatically store certain data.This includes your IP address, type and version of the browser you use, time, date, website from which you come to our site.
- Your IP address is saved anonymized. You can then no longer be identified.
If you are a resident of the EU/EEA, you have the following data protection rights:
- If you wish to access, correct, update or request deletion of your personal information by contacting us.
- In addition, you can object to the processing of your personal information, ask us to restrict the processing or request portability of your personal information.
- You have the right to opt-out of marketing communications we send to you at anytime.
- If we have collected and processed your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
- AppVZ Online reserves the right to revise, amend, or modify this policy, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement.
- We are not responsible for any typographical or translation error.
Acceptable Usage Policy
This Acceptable Use Policy (AUP) specifies the actions prohibited by AppVZ Online. AppVZ Online reserves the right to modify the AUP at any time, effective upon posting of the new AUP to this page.
Complaints & Disputes
- All abuse complaints and disputes on issues not listed in our AUP will be dealt with according to the law of the state.
- Threatening harm to persons or property or otherwise harassing behavior.
- Transmission, distribution or storage of any material in violation of any applicable law or regulation.
- Failure to provide complete, truthful and accurate information regarding the customer’s identity and locations as requested.
- You are responsible for any misuse of your server, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another server or attempt to gain unauthorized access to another network or server.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your server.
You are ultimately responsible for making sure that your server is secured, and that no root kits or viruses are on your server.
- If your server at anytime engages on ddos attacks, your server is in violation of this policy.
- Deliberate attempts to overload a system and broadcast attacks is not allowed.
- Hosting of phishing or bank page on our server or network will cause the server to be suspended.
- We dont allow use of server to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.
- Pyramid schemes are unsustainable and often illegal, due to which we do not allow them on our servers.
Hate Speech & Content
- We don't allow content on our network that promotes Hate Speech.
- Hate Propaganda (Including but not limited to Racial, Governmental) is not allowed.
- Warez Downloads or discussions related to the promotion of piracy is not allowed.
- Any content in violation of Federal, State, Provincial Law may cause your server to suspend.
- Discussions of doing, selling or how to obtain illicit drugs is not allowed.
- Discussions and/or promotion of Terrorism or Terrorist activity is not allowed.
- Using our service for the sale of Human body parts or remains is not allowed.
- Using our service to facilitate the sale of stolen property is not allowed.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network is not allowed.
- Under no circumstance is adult content permitted. All adult oriented pictures, videos, links, written content and similar is strictly prohibited.
- Depictions of nudity or sexual activity obtained or disseminated with or without the consent of those depicted is strictly prohibited.
- When made aware of child pornography images, we will act expeditiously to remove any such images, and we will report such images to the National Center for Missing and Exploited Children.
- We reserve the right to take any other actions, including cooperation with relevant law enforcement agencies, to assist them in identifying and prosecuting individuals who are involved in the transmission or dissemination of images containing child pornography.
Spamhaus Block List
- AppVZ Online does not tolerate any behavior that is related to any activity that results in a listing with Spamhaus or the SBL, XBL, PBL, DBL and DROP Advisory lists.
- If the issue remains outstanding for an unacceptable timeframe we reserve the right to reclaim the effected IP address space without notice.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software is not allowed.
- AppVZ Online, in its sole discretion, will determine what action will be taken in response to a violation of this AUP on a case-by-case basis.
- We may block access at the router level to the server involved.
- We may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. We have no obligation to provide warnings under any circumstances and can terminate the customer’s account without prior notice if the customer violates this policy.
- We reserve the right to modify this AUP at any time without notice.
- Customer is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Customer.
- AppVZ Online can require a signed copy of this documents.
Products purchased from AppVZ Online may be refunded only if cancelled within the refund period specified below in this policy.
- “Date of the transaction”, for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by AppVZ Online in accordance with the terms and conditions of the applicable product or service agreement.
- "Refund Period", you may cancel a product at any time, but a refund will only be issued if you request a refund with customer service within the refund time frame specified for the applicable product, if available at all.
- No Refund After Account Closure. If eligible for a refund, it is necessary for you to request a refund prior to account closure. You may elect to close your account with us at any time, but upon account closure you will no longer be eligible for a refund as otherwise permitted under this Refund Policy.
Products with Refund Terms
- All Hosting Packages - Within 30 days of the date of the transaction.
- VPS/Server Packages - Within 48 hours of the date of the transaction.
- Domain Name Registrations/Renewals/Transfers (if successful) - No Refund
Purchased Product w/ Free Domain
- In the event any purchased product includes a free domain name, if you cancel the purchased product, the list price for the domain name will be deducted from the refund amount (the list price is the price of the domain name listed on AppVZ Online’s website and is not subject to any promotion, discount, or other reduction in price).
Service Level Agreement
The AppVZ Online offers a 99.99% network uptime guarantee via this Service Level Agreement based on network. Collectively, these guarantees may be referred to as the "SLA."
- The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime.
- Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network outage, for any reason and whether or not such outage is caused by us due to upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee.
- The guarantee does NOT apply when a scheduled maintenance occurs with a minimum of 24 hour notice or in the event a time critical patch/update must be applied as long as the outage/packetloss does not exceed 10 minutes.
- Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify you for two separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable credit.
The following criteria must be met to qualify for SLA credit:
- Clients must send in request for credit within 72 hours of outage.
- Clients must have account in good standing at the time of request.
- Servers disconnected for nonpayment/abuse/other at time of outage do not qualify for credit.
- Credit will not exceed 100% of billing in a thirty day cycle.
- Scheduled network maintenance is not eligible for SLA credit.
- Any failure outside of our network itself, including bandwidth carrier outages, are not eligible for SLA credit.
- Natural disasters, Wars, Terrorist Acts, or other events outside the control of Wind Layer and its partners are not eligible for SLA credit.
Network Uptime SLA
- SLA credit is calculated from the time a ticket is opened regarding the issue to the time the issue is resolved.
- All SLA claims must be made with the sales department, and will be issued as account credits.
- SLA credits may not exceed the full monthly amount of the server they are being applied to.
|Below 98% Uptime