Party Definitions and Introductory Terms - The operative parties referred to in this Agreement are defined as follows:
- VMISS is the publisher and operator of www.vmiss.com (the "Site") whereby VMISS makes certain web hosting services (the "Services") available. For purposes of this Agreement, when "Site" or "Services" are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.
- When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to VMISS. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy. You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc.
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS. BY SUBSCRIBING TO VMISS SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT"). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I ACCEPT," (OR SIMILAR SYNTAX) OR CHECK THE APPROPRIATE BOX MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE WITH THE ACCOUNT SET-UP PROCESS. YOU SHOULD PRINT-OUT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. VMISS AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS PERMITTED BY THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN ACT) AND SIMILAR FEDERAL AND STATE LAWS. ANY USE OF VMISS SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.
Party Definitions and Introductory Terms - The operative parties referred to in this Agreement are defined as follows:
- VMISS is the publisher and operator of www.vmiss.com (the "Site") whereby VMISS makes certain web hosting services (the "Services") available. For purposes of this Agreement, when "Site" or "Services" are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.
- When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to VMISS. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy. You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc.
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS. BY SUBSCRIBING TO VMISS SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT"). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I ACCEPT," (OR SIMILAR SYNTAX) OR CHECK THE APPROPRIATE BOX MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE WITH THE ACCOUNT SET-UP PROCESS. YOU SHOULD PRINT-OUT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. VMISS AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS PERMITTED BY THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN ACT) AND SIMILAR FEDERAL AND STATE LAWS. ANY USE OF VMISS SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.
1. REVISIONS TO USER AGREEMENT
This agreement contains the complete terms and conditions applicable to your use of VMISS services ( as defined below ). VMISS may amend the terms of this agreement at any time, including fees ( see below for definitions ).
1.1 We can amend this agreement from time to time. We reserve the right to do so. you agree that we have this kind of unilateral right. You agree that all modifications or changes to this agreement will take effect immediately after publication and will be enforceable. The updated or edited version replaces any previous version immediately after its release and the previous version has no continuing legal effect unless the revised version specifically mentions the previous version and retains the previous version or part thereof in effect. If any amendment to this agreement is deemed invalid or invalid by any court, both parties intend to regard the previous valid version of this agreement as the maximum extent of validity and enforceability.
1.2 We agree that if we change anything in this agreement, we will change the " last revision date" at the top of this agreement. You agree to revisit this page regularly and use the " refresh" button on your browser when visiting. You agree to record the date of the last revision of the agreement. If the " last modified" date remains the same as when you last reviewed this agreement, then you can assume that nothing in this agreement has changed since you last read this agreement. If the " last modified" date has changed, then you can confirm that some contents of the agreement have changed.
1.3 If you wish to terminate this agreement due to any changes we have made, you must terminate this agreement in writing through the cancellation form within thirty (30) days after the above " last amendment" date. Your continued use of the service after the effective date of any such notification constitutes your acceptance of such changes.
1.4 Waiver - if you fail to review this agreement regularly to determine if there are any changes to the terms, you will assume full responsibility for such omissions and you agree that such failure does not constitute a positive waiver of the revised terms. We are not responsible for your neglect of your legitimate rights.
This agreement contains the complete terms and conditions applicable to your use of VMISS services ( as defined below ). VMISS may amend the terms of this agreement at any time, including fees ( see below for definitions ).
1.1 We can amend this agreement from time to time. We reserve the right to do so. you agree that we have this kind of unilateral right. You agree that all modifications or changes to this agreement will take effect immediately after publication and will be enforceable. The updated or edited version replaces any previous version immediately after its release and the previous version has no continuing legal effect unless the revised version specifically mentions the previous version and retains the previous version or part thereof in effect. If any amendment to this agreement is deemed invalid or invalid by any court, both parties intend to regard the previous valid version of this agreement as the maximum extent of validity and enforceability.
1.2 We agree that if we change anything in this agreement, we will change the " last revision date" at the top of this agreement. You agree to revisit this page regularly and use the " refresh" button on your browser when visiting. You agree to record the date of the last revision of the agreement. If the " last modified" date remains the same as when you last reviewed this agreement, then you can assume that nothing in this agreement has changed since you last read this agreement. If the " last modified" date has changed, then you can confirm that some contents of the agreement have changed.
1.3 If you wish to terminate this agreement due to any changes we have made, you must terminate this agreement in writing through the cancellation form within thirty (30) days after the above " last amendment" date. Your continued use of the service after the effective date of any such notification constitutes your acceptance of such changes.
1.4 Waiver - if you fail to review this agreement regularly to determine if there are any changes to the terms, you will assume full responsibility for such omissions and you agree that such failure does not constitute a positive waiver of the revised terms. We are not responsible for your neglect of your legitimate rights.
2. DURATION OF AGREEMENT AND CANCELLATION POLICY
2.1 The initial period should start after confirming your order or starting to provide services to you and receiving legal funds. The term will be chosen by you and will be indicated when ordering our service. Unless VMISS defaults, this agreement shall not be terminated by you during the initial term ( and any renewal thereof ). After the initial period, this agreement will automatically continue for a continuous period equal to the initial period unless either party terminates or cancels in accordance with the provisions of this agreement.
2.2 VMISS may also terminate this agreement at any time at its discretion for any reason or no reason. ( " termination without cause" ). In this case, VMISS will give you a written notice seven (7) days before the service interruption.
2.3 If VMISS cancels this agreement in accordance with any of the terms outlined in this agreement, VMISS shall not refund to you any fees paid or prepaid prior to the cancellation except for termination without cause under clause 2.2. you are obligated to pay all fees accumulated prior to the cancellation taking effect. If VMISS terminates the agreement for some reason, all prepaid custody fees will be confiscated and will not be refunded. The termination of this agreement does not relieve you of your obligation to pay VMISS any accrued or payable expenses. Io before the effective date of termination of this agreement.
2.4 In addition to VMISS right to terminate this Agreement provided elsewhere in this Agreement, VMISS may terminate this Agreement effective immediately if, based on VMISS sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ("AUP") as described in AUP page, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which VMISS considers illegal or high risk, in its discretion. (e) violated the service agreement of the relevant data center and telecommunications carrier. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon VMISS to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
2.5 If either party cancels or terminates this agreement for any reason, you shall be solely responsible for making all necessary arrangements to ensure the security of the replacement host and to transfer all electronic data, graphics, images, video or text to the new service provider. After the termination of this agreement, according to its nature, the clauses expected to remain valid after the termination shall remain valid and shall remain in full force and effect in accordance with its clauses.
2.1 The initial period should start after confirming your order or starting to provide services to you and receiving legal funds. The term will be chosen by you and will be indicated when ordering our service. Unless VMISS defaults, this agreement shall not be terminated by you during the initial term ( and any renewal thereof ). After the initial period, this agreement will automatically continue for a continuous period equal to the initial period unless either party terminates or cancels in accordance with the provisions of this agreement.
2.2 VMISS may also terminate this agreement at any time at its discretion for any reason or no reason. ( " termination without cause" ). In this case, VMISS will give you a written notice seven (7) days before the service interruption.
2.3 If VMISS cancels this agreement in accordance with any of the terms outlined in this agreement, VMISS shall not refund to you any fees paid or prepaid prior to the cancellation except for termination without cause under clause 2.2. you are obligated to pay all fees accumulated prior to the cancellation taking effect. If VMISS terminates the agreement for some reason, all prepaid custody fees will be confiscated and will not be refunded. The termination of this agreement does not relieve you of your obligation to pay VMISS any accrued or payable expenses. Io before the effective date of termination of this agreement.
2.4 In addition to VMISS right to terminate this Agreement provided elsewhere in this Agreement, VMISS may terminate this Agreement effective immediately if, based on VMISS sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ("AUP") as described in AUP page, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which VMISS considers illegal or high risk, in its discretion. (e) violated the service agreement of the relevant data center and telecommunications carrier. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon VMISS to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
2.5 If either party cancels or terminates this agreement for any reason, you shall be solely responsible for making all necessary arrangements to ensure the security of the replacement host and to transfer all electronic data, graphics, images, video or text to the new service provider. After the termination of this agreement, according to its nature, the clauses expected to remain valid after the termination shall remain valid and shall remain in full force and effect in accordance with its clauses.
3. ACCOUNT MANAGEMENT
3.1 When registering for the service, you will select login (email) and password. You can only use services or modify data and content through such user id and password. You are fully responsible for maintaining the confidentiality of your user id and password, as well as any and all activities carried out using these credentials. You agree to immediately notify us of any unauthorized use of your account or any other security violation you know.
3.2 You must provide us with a frequently checked main email address. All notices and correspondence between us will be sent to the email address you provided, so you need to keep this address up to date or notify us when your address changes. If any of your contacts and / or billing information changes, you should inform us so that we can update your account. You also have the responsibility to ensure our field, pay attention to it. VMISS.COM is not included in any spam blocking list used by you or your mail provider.
3.3 According to section 2 of this agreement, providing any kind of false or inaccurate contact information may result in the termination of your account.
3.4 You are responsible for all activities under your account. Therefore, we strongly recommend that you protect file, directory, and script permissions to the most stringent settings. You agree that you have the technical ability to operate the website correctly and that you are responsible for any operations performed under your account, including but not limited to damage to your website, VMISS website and / or equipment, and any other websites.
3.5 As a customer, you should use your own real information to register. We have the right to check your information or request any evidence. Filling in false information will result in the termination of your account and will not be refunded.
3.6 Most of our services are unmanaged services, we can only guarantee the support ticket reply with 72 hours. unmanagement customers should pay attention to the situation when requesting support tickets to ensure that our resources are used reasonably, otherwise we have right to close your support account, but we don't want to do that. (a) Sending a large number of identical support orders in a round robin manner; (b) Use offensive language; (c) Send SPAM and advertisement.
3.7 VMISS system will try to identify the natural person/legal person during the account registration. These accounts will share the same limitations, such as refund, IP replacement, promotions policy, and affiliate program if we are sure that your account is registered by the same natural person/legal person who already has had an account or accounts in VMISS.
3.1 When registering for the service, you will select login (email) and password. You can only use services or modify data and content through such user id and password. You are fully responsible for maintaining the confidentiality of your user id and password, as well as any and all activities carried out using these credentials. You agree to immediately notify us of any unauthorized use of your account or any other security violation you know.
3.2 You must provide us with a frequently checked main email address. All notices and correspondence between us will be sent to the email address you provided, so you need to keep this address up to date or notify us when your address changes. If any of your contacts and / or billing information changes, you should inform us so that we can update your account. You also have the responsibility to ensure our field, pay attention to it. VMISS.COM is not included in any spam blocking list used by you or your mail provider.
3.3 According to section 2 of this agreement, providing any kind of false or inaccurate contact information may result in the termination of your account.
3.4 You are responsible for all activities under your account. Therefore, we strongly recommend that you protect file, directory, and script permissions to the most stringent settings. You agree that you have the technical ability to operate the website correctly and that you are responsible for any operations performed under your account, including but not limited to damage to your website, VMISS website and / or equipment, and any other websites.
3.5 As a customer, you should use your own real information to register. We have the right to check your information or request any evidence. Filling in false information will result in the termination of your account and will not be refunded.
3.6 Most of our services are unmanaged services, we can only guarantee the support ticket reply with 72 hours. unmanagement customers should pay attention to the situation when requesting support tickets to ensure that our resources are used reasonably, otherwise we have right to close your support account, but we don't want to do that. (a) Sending a large number of identical support orders in a round robin manner; (b) Use offensive language; (c) Send SPAM and advertisement.
3.7 VMISS system will try to identify the natural person/legal person during the account registration. These accounts will share the same limitations, such as refund, IP replacement, promotions policy, and affiliate program if we are sure that your account is registered by the same natural person/legal person who already has had an account or accounts in VMISS.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Between you and VMISS, VMISS acknowledges that it does not claim ownership of the content ( including but not limited to text, software, music, sound, audiovisual works, movies, photos, animations, videos and graphics ) you provide for your use on the website. You hereby grant VMISS a non-exclusive, global, royalty-free license for your own benefit and enable VMISS to fulfill its obligations under this agreement by copying, producing derivative works, displaying, executing, using, broadcasting, and transmitting your content on the internet.
4.2 VMISS may ( but is not obligated to ) provide you with certain materials related to the performance of the service, including but not limited to computer software ( object code or source code form ), data, documents or information developed or provided by VMISS or its suppliers under this agreement, domain names, email addresses and other network addresses assigned to you, as well as other proprietary technologies, methods, equipment and processes ( " host materials" ) used by VMISS to provide the service for you. In accordance with the terms and conditions of this agreement, VMISS hereby grants you limited, revocable, non-transferable and non-exclusive license to use only host materials related to the service. This license will be terminated when this agreement is terminated. Between you and VMISS, you acknowledge and agree that VMISS has all rights, titles and interests, or otherwise obtained all licenses applicable to the host materials, as well as all copyrights, trade secrets, patents, trademarks and other intellectual property rights therein. After the termination of this agreement, any use of host materials has not been permitted and is strictly prohibited. You agree that you cannot upload, transmit, copy, distribute or use any host data obtained through the service in any way without VMISS's express written permission.
4.3 This agreement does not constitute a license to use VMISS trademarks, service marks or any other trademarks. Without VMISS's prior written consent, it is strictly prohibited to use any trade name, service mark or any other trademark of VMISS.
4.4 If we need the help of a lawyer or other person to collect any liquidated damages or any other amount of money from you, or if we need the help of a lawyer to seek injunctive relief against you, or if we need to submit ICANN complaints to you in order to transfer the offending URL from you to us, then you also agree that you will reimburse us for all expenses incurred to collect these liquidated damages or seek your injunctive relief, or to submit and prosecute ICANN complaints.
4.5 You know, even nominal damages may cost a lot of legal fees, travel expenses, legal fees and other expenses that may dwarf the liquidated damages. You agree that you will pay all these expenses.
4.1 Between you and VMISS, VMISS acknowledges that it does not claim ownership of the content ( including but not limited to text, software, music, sound, audiovisual works, movies, photos, animations, videos and graphics ) you provide for your use on the website. You hereby grant VMISS a non-exclusive, global, royalty-free license for your own benefit and enable VMISS to fulfill its obligations under this agreement by copying, producing derivative works, displaying, executing, using, broadcasting, and transmitting your content on the internet.
4.2 VMISS may ( but is not obligated to ) provide you with certain materials related to the performance of the service, including but not limited to computer software ( object code or source code form ), data, documents or information developed or provided by VMISS or its suppliers under this agreement, domain names, email addresses and other network addresses assigned to you, as well as other proprietary technologies, methods, equipment and processes ( " host materials" ) used by VMISS to provide the service for you. In accordance with the terms and conditions of this agreement, VMISS hereby grants you limited, revocable, non-transferable and non-exclusive license to use only host materials related to the service. This license will be terminated when this agreement is terminated. Between you and VMISS, you acknowledge and agree that VMISS has all rights, titles and interests, or otherwise obtained all licenses applicable to the host materials, as well as all copyrights, trade secrets, patents, trademarks and other intellectual property rights therein. After the termination of this agreement, any use of host materials has not been permitted and is strictly prohibited. You agree that you cannot upload, transmit, copy, distribute or use any host data obtained through the service in any way without VMISS's express written permission.
4.3 This agreement does not constitute a license to use VMISS trademarks, service marks or any other trademarks. Without VMISS's prior written consent, it is strictly prohibited to use any trade name, service mark or any other trademark of VMISS.
4.4 If we need the help of a lawyer or other person to collect any liquidated damages or any other amount of money from you, or if we need the help of a lawyer to seek injunctive relief against you, or if we need to submit ICANN complaints to you in order to transfer the offending URL from you to us, then you also agree that you will reimburse us for all expenses incurred to collect these liquidated damages or seek your injunctive relief, or to submit and prosecute ICANN complaints.
4.5 You know, even nominal damages may cost a lot of legal fees, travel expenses, legal fees and other expenses that may dwarf the liquidated damages. You agree that you will pay all these expenses.
5. DMCA Notice and Takedown Policy
5.1 Introduction
VMISS.COM ("VMISS") implements the following DMCA Notice and Takedown Policy. VMISS respects the intellectual property rights of third parties, and expects others to do the same. As part of our effort to recognize the copyrights of third parties, VMISS complies with the U.S. Digital Millennium Copyright Act ("DMCA") and is therefore protected by the limitations on liability recognized by 17 U.S.C. § 512; commonly known as the "safe harbor" provisions of the DMCA. VMISS's infringement notification procedure, counter-notification procedure, and takedown policies, are set forth below.
5.1 Introduction
VMISS.COM ("VMISS") implements the following DMCA Notice and Takedown Policy. VMISS respects the intellectual property rights of third parties, and expects others to do the same. As part of our effort to recognize the copyrights of third parties, VMISS complies with the U.S. Digital Millennium Copyright Act ("DMCA") and is therefore protected by the limitations on liability recognized by 17 U.S.C. § 512; commonly known as the "safe harbor" provisions of the DMCA. VMISS's infringement notification procedure, counter-notification procedure, and takedown policies, are set forth below.
6. Notice of Claimed Infringement
6.1 Abuse Warning
The DMCA permits copyright owners, or their authorized agents, to submit notifications to service providers, such as VMISS, requesting that infringing material hosted on VMISS's servers be disabled or removed. Importantly, the DMCA imposes significant penalties – including court costs and attorneys fees – on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; 17 U.S.C. § 512(f). VMISS will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent identified below.
6.2 Notification Contents and Procedure
If you believe that your work has been copied, reproduced, altered or published in a way that constitutes copyright infringement under federal law, or your copyrights have been otherwise violated, please submit a DMCA notice to VMISS's Designated Copyright Agent, containing the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on VMISS's servers (preferably including specific URL's associated with the material);
- your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Claimants may send their Notice of Claimed Infringement to:
Abuse Agent
[email protected]
Please do not send other queries or information to the agents we specify.
6.1 Abuse Warning
The DMCA permits copyright owners, or their authorized agents, to submit notifications to service providers, such as VMISS, requesting that infringing material hosted on VMISS's servers be disabled or removed. Importantly, the DMCA imposes significant penalties – including court costs and attorneys fees – on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; 17 U.S.C. § 512(f). VMISS will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent identified below.
6.2 Notification Contents and Procedure
If you believe that your work has been copied, reproduced, altered or published in a way that constitutes copyright infringement under federal law, or your copyrights have been otherwise violated, please submit a DMCA notice to VMISS's Designated Copyright Agent, containing the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on VMISS's servers (preferably including specific URL's associated with the material);
- your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Claimants may send their Notice of Claimed Infringement to:
Abuse Agent
[email protected]
Please do not send other queries or information to the agents we specify.
7. Takedown Policies and Procedures
VMISS implements the following Takedown Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, VMISS will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. VMISS reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of VMISS to terminate the account of repeat copyright infringers, when appropriate, and VMISS will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The procedure for notifying VMISS of claimed copyright infringement is set forth in Section 7.2, hereof. If the DMCA notice does not comply with §512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to §512 of the DMCA, VMISS shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party comply with sending a compliant DMCA Notice. As noted above, when VMISS's Designated Agent receives a valid notice, VMISS will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the Designated Agent, using the counter-notification procedures set forth below. VMISS reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.
VMISS implements the following Takedown Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, VMISS will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. VMISS reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of VMISS to terminate the account of repeat copyright infringers, when appropriate, and VMISS will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The procedure for notifying VMISS of claimed copyright infringement is set forth in Section 7.2, hereof. If the DMCA notice does not comply with §512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to §512 of the DMCA, VMISS shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party comply with sending a compliant DMCA Notice. As noted above, when VMISS's Designated Agent receives a valid notice, VMISS will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the Designated Agent, using the counter-notification procedures set forth below. VMISS reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.
8. Counter-Notification Procedures
If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section III above, the Recipient is permitted to submit a counter-notification pursuant to 17 U.S.C. § 512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 17 U.S.C. § 512(f).
9.1 To initiate a counter-notification, the Recipient must submit to VMISS's Designated Copyright Agent the following information:
- a specific description of the material that was removed or disabled pursuant to the Notice.
- a description of where the material was located within VMISS or the Content before such material was removed and/or disabled (preferably including specific URL's associated with the material.)
- a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following language may be utilized:
"I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled." - a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person's agent.
- the Recipient's physical address, telephone number, and email address.
Counter Notifications can be sent to:
Abuse Agent
[email protected]
Please do not send other queries or information to the agents we specify.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material.
Within ten to fourteen (10-14) days from VMISS's receipt of a valid counter-notification, VMISS will replace or cease disabling access to the disputed material unless VMISS's Designated Agent receives notification that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on VMISS's system or network.
If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section III above, the Recipient is permitted to submit a counter-notification pursuant to 17 U.S.C. § 512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 17 U.S.C. § 512(f).
9.1 To initiate a counter-notification, the Recipient must submit to VMISS's Designated Copyright Agent the following information:
- a specific description of the material that was removed or disabled pursuant to the Notice.
- a description of where the material was located within VMISS or the Content before such material was removed and/or disabled (preferably including specific URL's associated with the material.)
- a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following language may be utilized:
"I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled." - a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person's agent.
- the Recipient's physical address, telephone number, and email address.
Counter Notifications can be sent to:
Abuse Agent
[email protected]
Please do not send other queries or information to the agents we specify.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material.
Within ten to fourteen (10-14) days from VMISS's receipt of a valid counter-notification, VMISS will replace or cease disabling access to the disputed material unless VMISS's Designated Agent receives notification that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on VMISS's system or network.
9. Service Provider Customers of VMISS
Some of VMISS's customers are, themselves, "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1). Accordingly, VMISS requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of VMISS's Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.
Some of VMISS's customers are, themselves, "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1). Accordingly, VMISS requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of VMISS's Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.
10. Modifications
VMISS reserves the right to modify, alter or add to the DMCA policy set forth in Sections 6-10 above, and all users should regularly check back regularly to stay current on any such changes.
VMISS reserves the right to modify, alter or add to the DMCA policy set forth in Sections 6-10 above, and all users should regularly check back regularly to stay current on any such changes.
11. ZERO TOLERANCE SPAM POLICY
11.1 You agree to comply with VMISS's Anti-Spam Policy which may be found at https://www.vmiss.com/antispam and which is hereby incorporated by reference as an indispensable part of this Agreement. Use of VMISS's services for any illegal spam activities is strictly prohibited.
11.2 VMISS reserves the right to modify the anti-spam policy at any time by publishing the modified policy on its website. You agree to monitor VMISS homepage to view any changes to anti-spam policies. You continue to use these services after the effective date of any changes to the anti-spam policy, which indicates that you intend to be bound by these changes.
11.1 You agree to comply with VMISS's Anti-Spam Policy which may be found at https://www.vmiss.com/antispam and which is hereby incorporated by reference as an indispensable part of this Agreement. Use of VMISS's services for any illegal spam activities is strictly prohibited.
11.2 VMISS reserves the right to modify the anti-spam policy at any time by publishing the modified policy on its website. You agree to monitor VMISS homepage to view any changes to anti-spam policies. You continue to use these services after the effective date of any changes to the anti-spam policy, which indicates that you intend to be bound by these changes.
12. BACKUP & DATA LOSS
12.1 You agree that Your use of VMISS's Services is at Your own risk, and that VMISS is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
12.2 Should you wish for VMISS to provide you with routine backup service, in addition to the Services provided under this Agreement please contact us.
12.1 You agree that Your use of VMISS's Services is at Your own risk, and that VMISS is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
12.2 Should you wish for VMISS to provide you with routine backup service, in addition to the Services provided under this Agreement please contact us.
13. RESOURCE USAGE & SECURITY
13.1 VMISS does not impose hard set limits on each account's system resources. We do not actively disable accounts until they greatly exceed an acceptable level of usage. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. VMISS will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance.
13.2 Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage Our Services and Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to VMISS, You hereby agree to pay liquidated damages of $5000.00 plus any and all fees associated with recovery of these damages, including attorneys' fees and costs.
13.3 SECURITY Any violation of the security to the Site and/or Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of this Agreement and the AUP Agreement. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In addition, You are prohibited from the following:
- Any form of unauthorized access to or use of data, systems or networks, including the Site and/or Services;
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
- Unauthorized interference with service to any user, host or network;
- Introducing a malicious program into the network or server (e.g. viruses and worms), including the Site and/or Services;
- Circumventing user authentication or security of any host, network or account;
- Using an account with another provider to promote Your site with Us in an abusive manner.
- Utilizing Our Services for the purpose of compromising the security or tampering with system resources or accounts on computers at Our site or any other site.
In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your account per Section 2 of this Agreement.
13.4 BANDWIDTH USAGE Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, You can choose to reset, suspend, or speed limited.
Please note: we still have the right to adjust the price without notice.
13.5 FAIR USE POLICY We provide specific Services to our Clients and define normal, fair, and reasonable use in terms of our VMISS Virtual Private Servers as use that is consistent throughout any given billing period. We expect regular usage patterns from individual component machines and the client solution as a whole. Should we at our sole discretion determine a Client is not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following:
- Rate-limit the data the Client may send and/or receive from the individual machine to the entire solution level
- Adjust pricing to a standard bandwidth rate (market-dependent)
- Suspend or terminate Service to any or all Client machines
13.1 VMISS does not impose hard set limits on each account's system resources. We do not actively disable accounts until they greatly exceed an acceptable level of usage. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. VMISS will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance.
13.2 Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage Our Services and Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to VMISS, You hereby agree to pay liquidated damages of $5000.00 plus any and all fees associated with recovery of these damages, including attorneys' fees and costs.
13.3 SECURITY Any violation of the security to the Site and/or Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of this Agreement and the AUP Agreement. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In addition, You are prohibited from the following:
- Any form of unauthorized access to or use of data, systems or networks, including the Site and/or Services;
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
- Unauthorized interference with service to any user, host or network;
- Introducing a malicious program into the network or server (e.g. viruses and worms), including the Site and/or Services;
- Circumventing user authentication or security of any host, network or account;
- Using an account with another provider to promote Your site with Us in an abusive manner.
- Utilizing Our Services for the purpose of compromising the security or tampering with system resources or accounts on computers at Our site or any other site.
In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your account per Section 2 of this Agreement.
13.4 BANDWIDTH USAGE Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, You can choose to reset, suspend, or speed limited.
Please note: we still have the right to adjust the price without notice.
13.5 FAIR USE POLICY We provide specific Services to our Clients and define normal, fair, and reasonable use in terms of our VMISS Virtual Private Servers as use that is consistent throughout any given billing period. We expect regular usage patterns from individual component machines and the client solution as a whole. Should we at our sole discretion determine a Client is not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following:
- Rate-limit the data the Client may send and/or receive from the individual machine to the entire solution level
- Adjust pricing to a standard bandwidth rate (market-dependent)
- Suspend or terminate Service to any or all Client machines
14. UPTIME GUARANTEE
14.1 VMISS will offer You a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. If applicable, the terms of any such SLA were separately negotiated between You and Us, and such SLA, if any, is hereby incorporated by reference as an indispensable part of this Agreement.
14.2 To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits.
14.3 At present, VMISS is only able to provide 99% SLA. if the SLA is lower than 99%, you can get compensation for half month period. If the SLA lower than 95%, you can get compensation full month period. If the SLA lower than 90%, you can get compensation 2 month period.
14.1 VMISS will offer You a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. If applicable, the terms of any such SLA were separately negotiated between You and Us, and such SLA, if any, is hereby incorporated by reference as an indispensable part of this Agreement.
14.2 To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits.
14.3 At present, VMISS is only able to provide 99% SLA. if the SLA is lower than 99%, you can get compensation for half month period. If the SLA lower than 95%, you can get compensation full month period. If the SLA lower than 90%, you can get compensation 2 month period.
15. PRICE CHANGE
The amount You pay for hosting will never increase during a specific term or time period for which you have signed up for Our Services. We reserve the right to change prices listed on VMISS.COM at any time, without notice, and the right to modify the amount of resources given to plans at any time. Additionally, if we terminate this agreement without cause pursuant to paragraph 2.2 of the Agreement, You understand that if We agree to provide Services to You in the future, the amount You paid under any prior term or time period is not determinative of the amount You pay should We provide Services to You again. It is Your responsibility to check Our website for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. VMISS does not automatically update Your plan. All upgrades or downgrades will be performed at Your request and may include modification fees or require reinitiating service with Us.
The amount You pay for hosting will never increase during a specific term or time period for which you have signed up for Our Services. We reserve the right to change prices listed on VMISS.COM at any time, without notice, and the right to modify the amount of resources given to plans at any time. Additionally, if we terminate this agreement without cause pursuant to paragraph 2.2 of the Agreement, You understand that if We agree to provide Services to You in the future, the amount You paid under any prior term or time period is not determinative of the amount You pay should We provide Services to You again. It is Your responsibility to check Our website for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. VMISS does not automatically update Your plan. All upgrades or downgrades will be performed at Your request and may include modification fees or require reinitiating service with Us.
