TERMS OF USE OF THE SERVICES

Overview

Welcome to vngcloud Software Technology Company Limited. Please carefully read this Agreement before using or registering for our services. The Agreement contains important information about the Terms and Conditions related to your legal rights and remedies during your use of services at vngcloud.

Our website and the services on the website are built and owned by vngcloud Software Technology Company Limited. Your use of the website and the services described on the vngcloud.com website implies your agreement with the contents stipulated in this Terms of Service Agreement (hereinafter referred to as 'vngcloudTos').

In accordance with business practices and legal regulations, we reserve the right to edit, update, supplement, or remove part or all of the vngcloudTos terms without direct notice to you, but it will be publicly posted on our website.

You agree that if you continue to access our website and/or use vngcloud services after the Terms of Use agreement has been updated, supplemented, it means you have accepted and agreed to abide by the updated vngcloudTos. You should regularly review vngcloudTos each time you access the website and can view the latest version at any time at: https://vngcloud.com/en/terms-of-service

In the event that one or more terms of this Agreement conflict with legal provisions and are declared void by the court, that term will not be effective and will be amended to comply with current legal regulations; the remaining terms of the Terms of Use agreement will still retain their value.

    Article 1: Explanation of Terms

    In this Agreement, the following terms shall be understood as follows:

    vngcloud: vngcloud Software Technology Company Limited

    We: vngcloud and its branches, related companies, affiliated organizations, officials, employees, representatives, partners, and organizations licensed by vngcloud.

    You, Customer, Esteemed Customer: The person accessing this website and/or legally purchasing, using products, and services provided by vngcloud, and having ownership rights to the purchased products and services as per the current legal regulations.

    Email, Mail: The abbreviation of the term 'Electronic Mail' in English. Translated into Vietnamese, it means 'NameServer.' It is a domain name resolution system on the Internet. Simply put, DNS is a system that converts easy-to-remember domain names (e.g., www.domain.vn) into very hard-to-remember IP addresses (e.g., 192.168.1.168).

    Email Admin, Registrant Email: The email address used for authentication when registering international domain names. As per the request of the international domain name management organization ICANN, international domain names, when registered or information changed, must be authenticated from the registrant's email address.

    Admin: Admin is the abbreviation for 'Administrator,' meaning the manager or system administrator. This is the highest authority for administrators when using storage systems or system management.

    Download: To retrieve data from the Internet to a computer.

    File: A named and stored data unit in storage devices such as hard disks, floppy disks, USB, CD, DVD, etc.

    License Key: The code (or key) of licensed software provided by the software manufacturer. During installation or use, if not activated, the software requires you to activate it to continue use.

    Control Panel: In English, translated into Vietnamese as 'Bảng điều khiển,' a tool for users to manage the system through a visual interface, such as Cloud Hosting, Cloud Server, Email, DNS, ID, etc.

    vngcloud's services are the products and services listed on this website (hereinafter referred to as services).

      Article 2: Prohibited Behaviors When Accessing the Website and/or Using the Service:

      2.1 - You use the purchased service for any purpose or in any form that violates the laws of Vietnam and international laws.

      2.2 - You use the service to cause harm to minors in any form.

      2.3 - You send, create links to, or transmit data that is illegal, prohibited by the state, or contains threatening, provocative, misleading, divisive, offensive, defamatory, or compromising content; disclose state secrets, military secrets, security, economic, diplomatic, and other secrets as stipulated by Vietnamese and/or international laws.

      2.4 - You store, disseminate data that may constitute or encourage legal violations; or engage in copyright infringement, intellectual property rights violations, or violate the business secrets, legal rights of other individuals, organizations.

      2.5 - You upload, post, email, transmit, or use any method to share materials containing types of software viruses or computer code, files, or programs designed to interfere with, damage, or limit the functions of computer hardware or software or telecommunications devices.

      2.6 - You engage in fraudulent activities or actions contrary to the provisions of this agreement or relevant laws regarding websites, addresses of service providers linked to us.

      2.7 - You falsely represent yourself as any individual or organization, including but not limited to any official, forum management team leader, guide, moderator, or any employee of vngcloud, or propagate falsehoods by distorting the identity of an individual or organization.

      2.8 - You exploit the Service (Web Hosting, Email Plus, etc.) beyond the resource limits or violate the regulations for each type of vngcloud service as specified in the Terms and Conditions.

      2.9 - You engage in behavior that obstructs, disrupts the service or usage of others for the service, servers, or networks connected to the service; fail to comply with the requirements, procedures, policies, or regulations of the networks connected to the service.

      2.10 - You violate anti-spam policies under Decree 90/2008/ND-CP dated August 13, 2008, of the Government on combating spam or legal documents in force at the time of sending spam (http://www.vncert.gov.vn/files/90-2008ND-CP.doc).

      2.11 - You violate the current regulations of the Ministry of Information and Communications as well as the current laws of Vietnam on internet law violations.

      2.12 - You misuse the ICANN and vngcloud logos on your website or falsely claim to be an ICANN registrant without ICANN's permission.

        Article 3: Rights and Obligations of Customers

        3.1 - As a customer, you have all the rights and obligations of a service lessee as stipulated in the Civil Code and Commercial Law of Vietnam and other relevant legal regulations.

        3.2 - You must have the legal capacity and qualifications according to the law to enter into a contract with vngcloud. You undertake not to be a person who has lost or restricted civil behavior, is bound by a third party, related to the judgment or decision of a competent state authority, or prohibited from conducting civil transactions related to vngcloud services. You commit not to use information and violate the rights of any third party when registering for vngcloud services or providing information to vngcloud, and to use the registered services only with the permission of the third party, taking responsibility for the unauthorized use of your information.

        3.3 - You are responsible for providing information upon request from vngcloud for verification purposes and must be legally responsible for the purpose and accuracy of the information you provide, ensuring the registration and use of services in accordance with the law, not infringing on the rights and legitimate interests of other organizations and individuals. In case of changes to information that you do not notify vngcloud within 7 days from the date of change or do not respond to vngcloud's request for information verification within 15 days from the date of receiving the notice, vngcloud has the right to suspend or cancel your registration.

        3.4 - You are directly responsible for managing and maintaining the right to use your services, taking responsibility for the consequences that may arise in case you violate the service usage regulations or due to lax management. You must provide honest and complete information about the entities licensed by you within 7 days from the date of request. Determining the person responsible for damages arising from the misuse of domain names will be based on the information you provided to vngcloud. Therefore, you must commit to providing accurate information about the third party and obtaining the permission of the third party as stated in section 3.5.

        3.5 - According to Circular 24/2015/TT-BTTTT amended and supplemented by Circular 06/2019/TT-BTTTT on the Regulation of management and use of Internet resources issued by the Ministry of Information and Communications and the terms of use of international domains of ICANN, you need to provide relevant personal data.

        Compulsory information to provide (such as: name, form of organization, contact address, phone number, fax, email, identity card/passport/citizen ID of the entity, domain name manager, technical manager, payer, and representative in case the entity is an organization), nameserver information (primary and secondary).

        vngcloud will receive and store information related to the personal data of the entity and only provide it to relevant parties upon request from competent authorities.

        During the use and maintenance of services, you have the right to request changes to the above information to vngcloud. Or when there is a change in the transaction entity information, the service user must notify vngcloud in writing within 7 days from the date of the change to ensure accurate and complete information. vngcloud is not legally responsible, compensate, or jointly responsible for any consequences or damages arising from your failure to comply with this regulation.

        3.6 - Within 10 days from the successful registration of service usage, you are responsible for submitting the following documents to vngcloud: 01 (one) service contract, 01 (one) copy of identity card for individual registration or 01 (one) original service contract stamped by the business for the organizational service user or other legal documents (if any) depending on vngcloud's requirements. In case the supplementary documents are overdue from the specified time, the registration service will be temporarily suspended without refunding the fee. The service will only be restored if you supplement the documents for vngcloud and there are no changes to the registered service on the system. vngcloud cannot and will not be responsible for any legal consequences, compensation, or joint liability for any loss or damage arising from your failure to comply with this regulation.

        3.7 - If the customer is a business or organization, you and authorized employees are responsible for securing password and account information, jointly responsible for activities taking place through the use of your password or account.

        3.8 - Any disputes arising from or related to the use of domain names will be resolved in the spirit of reconciliation and negotiation. In case the parties cannot resolve the dispute through negotiation, any party has the right to request a competent court to resolve it according to the regulations of Vietnamese law. You are responsible for compensating and ensuring vngcloud's related parties against any complaints, responsibilities, costs, and losses arising from or related to the registration and use of your domain name. You are responsible for maintaining (1) the security of your account password; and (2) all activities occurring on or through your account. In case of any unauthorized use of your password or account, you must notify us immediately and change your password in a timely manner to secure information. vngcloud will review closing your account at any time if necessary for reasons of information security. vngcloud cannot and will not be responsible for any loss, damage, or other liability if you do not comply with this term or due to unauthorized access to your account.

        3.9 - You are solely responsible for all content stored on vngcloud's servers.

        3.10 - You are fully responsible for implementing measures to prevent any damage or destruction to the content of the website or server resources.

        3.11 - You understand and agree that vngcloud's hosting services are backed up for technical incidents, infrastructure, equipment damage recovery purposes and not for providing copies to customers. Therefore, you are responsible for regularly backing up all your data stored on vngcloud's servers and keeping it safe. Backup operations can be performed through tools (cPanel, Plesk, or Control Panel) provided by vngcloud. vngcloud is not responsible for any loss, damage, or errors related to your data.

        3.12 - You must secure your login account information when using vngcloud services, including: Service administration ID account (at manager.vngcloud.com), Control Panel, Email Account...

        3.13 - You are responsible for complying with software copyright, author rights, invention rights, patents, etc., when using vngcloud services.

        3.14 - You understand and accept that We may contact you directly through various forms (including, but not limited to) such as: Email, SMS, autocall, or pre-recorded calls for the purpose of notification, advice, marketing, support, sending promotional information, sharing news, sending documents, or using services... You also acknowledge and agree that our email to you is not a SPAM behavior. In addition, your calls may be recorded for monitoring purposes to improve service quality, and you agree to that.

          Clause 4: Rights and Responsibilities of vngcloud

          4.1 - As a service provider, vngcloud holds all the rights and obligations of a service provider as stipulated in the Civil Code, Commercial Law, and other relevant legal provisions.

          4.2 - vngcloud commits to assisting customers in using the products and services it provides during the customer's service period with vngcloud. All your rights and obligations will be based on the registered account information. Therefore, if there is any misinformation, vngcloud will not be responsible if that information affects or limits your rights. vngcloud will not proactively handle data changes if you provide inaccurate or incorrect information.

          4.3 - vngcloud will receive and address customer complaints related to services, service quality arising during the use of vngcloud's products and services, provided that the customer has provided complete, truthful, and accurate information, as specified in Clause 3 above.

          4.4 - vngcloud is responsible for implementing preventive measures to secure data from loss, misuse, unauthorized access, or destruction. vngcloud has the right to request your cooperation to verify information if there are suspicions that the provided information is inaccurate or involves impersonation.

          4.5 - Depending on the severity and nature of the customer's violations, vngcloud has the right to unilaterally suspend, terminate, or cancel the provision of services according to Clause 8 of this policy and/or transfer the matter to the competent authorities to request resolution in accordance with the current legal regulations.

          4.6 - vngcloud has the right to unilaterally suspend, cancel, or terminate the provision of services to any customer when discovering that the service poses a risk to the system and affects other customers.

            Article 5: Payment Regulations

            5.1 - When registering for the service, you agree to comply with our payment instructions available here: vngcloudpayment-policy. vngcloud cannot and will not be responsible or liable for any consequences or damages arising from your failure to fully comply with these payment regulations.

            5.2 - vngcloud will issue an electronic invoice after receiving full payment from you, and the service is successfully activated.

              Article 6: Provisions on Service Extension

              6.1 - You or the service manager designated by you (for businesses, organizations) are responsible for actively monitoring information about the status of activities, validity periods of products and/or services registered for use at vngcloud.

                6.2 - Service usage extension will only be carried out when vngcloud receives the full service fee. The extension process will be completed within 01 working day from the time vngcloud receives the full service extension fee.

                  6.3 - Customers actively contact vngcloud and proceed with the extension, paying the service fee according to the following regulations:

                  • “.VN” domain and international domain names – payment of fees, service maintenance, 10 days prior to the expiration date.
                  • Hosting services on servers (Cloud hosting, Cloud Server, Email, server hosting, server rental, email server rental, transmission, rack rental) – payment of service fees, 07 days prior to the expiration date.
                  • Software license rental service – payment of service fees, 07 days prior to the expiration date.
                  • SSL service – payment of service fees, 10 days prior to the expiration date.
                  • All other services not mentioned above – payment of service fees, 10 days prior to the expiration date.

                  6.4 - The Auto Renew feature if used on the manager.vngcloud.com management page is just a channel that vngcloud has built to assist you in actively managing service extensions but must also comply with all regulations in Article 6.

                    6.5 - vngcloud cannot and will not be responsible or liable for any consequences or damages arising from your non-compliance with this provision.

                      Article 7: Suspension and Termination of Service Usage

                      7.1 - Services provided by vngcloud will automatically terminate/suspend according to the agreement of both parties or upon the expiration of the contract validity period.

                        7.2 - vngcloud has the right to temporarily suspend the execution of the contract or unilaterally terminate the service contract in the following cases:

                        • 7.2.1 - You engage in behavior that violates the provisions in the Final Clause: Terms of service of vngcloudTos during the use of our products and services.
                        • 7.2.2 - You do not cooperate and do not respond to the supplementary coordination of necessary documents according to Article 3.6 of this vngcloudTos.
                        • 7.2.3 - You fail to renew and pay overdue fees for using vngcloud services within 7 days from the expiration of the service usage period. vngcloud is not responsible for resolving cases of non-payment or overdue payment as mentioned above.

                        7.3 - Before terminating the use of the service, you are responsible for independently moving all data stored on vngcloud's servers. We will not transfer or FTP your data to another provider. If you do not transfer website data or server data out of our system before terminating the service, this data will be deleted, and we will not be able to provide backups for this data.

                          7.4 - For trial or free services: Once the service ends, all these products along with any accompanying services and data (if any) will be canceled or withdrawn.

                            7.5 - All services that violate copyright policies, content on the website within the prohibited category of Vietnamese and international law.

                              7.6 - All services involved in spam, hacking, traffic tools, phishing, etc., affecting the system.

                                7.7 - All websites and services operating on the system engaged in buying, selling, sharing game accounts, accounts of other services that violate copyrights and/or laws with the potential to impact the system.

                                  Article 9: Customer Support

                                  9.1 - vngcloud is not responsible for addressing inquiries or complaints from third parties related to your use of the service. vngcloud is also not responsible for addressing inquiries or complaints regarding third-party services that you are using.

                                    9.2 - vngcloud provides technical support services to your designated administrators according to the support principles applicable to the Service.

                                      9.3 - Before submitting a technical support request, you are responsible for backing up your data, attempting self-resolution, checking technical issues, functionality, testing network connections, etc. vngcloud only accepts technical support requests through two channels: Support Email at [email protected] and the ticket system via the website: https://manager.vngcloud.com.

                                        Clause 10: Limitation of Liability and Disclaimer

                                        10.1 - In any case, vngcloud is not responsible for the devices and machinery you use to access our website, such as access devices, transfer devices. When using the service, you must provide your own equipment necessary for the login and transmission process, and you are solely responsible for any costs and damages incurred during the use.

                                          10.4 - vngcloud does not guarantee or take responsibility for any data loss during the support process for customer data transfer from other servers or locations to vngcloud servers.

                                            10.5 - vngcloud does not perform SSL installations when requested in the following cases:

                                            • 10.5.1 - Your SSL certificate is not a service registered with vngcloud.
                                            • 10.5.2 - Your SSL certificate is registered with vngcloud, but technical support installation requests are for systems outside the vngcloud hosting system (Cloud Hosting, Cloud Server, Email).
                                            • 10.5.3 - SSL installation within the Cloud Server has not registered our Premium Support Packages.

                                            10.6 - There may be factors beyond our control leading to product defects. We will try to correct product errors to satisfy customers, but we are not responsible for support or compensation for risks and damages (if any).

                                              10.7 - You agree to indemnify, reimburse, and exempt us from legal obligations, litigation, losses, expenses including but not limited to legal fees, attorney fees, and consulting fees related to your violation while using our products.

                                                10.8 - You understand and agree that we are not responsible for damages and consequences arising (including but not limited to damages to profit, reputation, data usage, or other indirect damages (even if we have advised the possibility of such damages to you)) from: (i) services, materials, and products of vngcloud; (ii) the ability to use or inability to use the service; (iii) unauthorized access or modification of data or information transmitted by you; (iv) actions of any third party on the service; (v) products or messages sent or received using the service; or (vi) any other issues related to the service, materials, or products.

                                                  10.9 - According to the policy set by ICANN, you agree to accept suspension, cancellation, or transfer procedures for domain names in the following cases: (1) resolution of disputes related to domain name registration or (2) correction, supplementation of information due to the negligence of vngcloud or the Registrar during the domain name registration process.

                                                    10.10 - You understand and agree that we are not responsible for data on the service after the backup is restored upon request through the ticket system, and free backup form associated with the service will be performed according to the backup cycle of each service type. We are not responsible for ensuring that all backup versions are accurate at the time of customer request.

                                                      Article 11: Customer Information Security

                                                      vngcloud respects privacy and manages your information seriously. We will collect and use your information in accordance with the privacy policy outlined here: https://vngcloud.com/en/policy/privacy-policy

                                                        Clause 12: Free Services

                                                        Within the legal limits and operational guidelines, vngcloud may provide one or more free services to users. The scope of free services depends on vngcloud's decision.

                                                          All intellectual property rights existing in vngcloud's products and services belong to vngcloud or are legally licensed for our use. Therefore, all legal rights are ensured. Without vngcloud's consent, you are not allowed to upload, send, publish, reproduce, transmit, or distribute any component of vngcloud's products or services in any form.

                                                            When files, images, software, or programs created by vngcloud are available for download, we allow you to use them within a limited scope for non-commercial purposes. However, this permission does not imply that vngcloud has granted you exploitation rights. You are not allowed to download files for reproduction, posting, announcement, transfer, or distribution. Additionally, you must adhere to other instructions we establish when using these files.

                                                              Users are entirely responsible for the information obtained when accessing the Website. We do not guarantee the source and accuracy of the content and assume no responsibility for it.

                                                                You may stop using our services at any time. vngcloud will continuously change and improve its services. We will notify you in advance within a reasonable time when there are changes or improvements to the functionality of our services.

                                                                  Article 13: Refusal of Service

                                                                  We reserve the right to refuse service to any customer if it is deemed that it may adversely affect the operation of the system.