| ::Terms of services
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Terms of Service |
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VA Cyber Technology services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law of the Hong Kong Special Administration Region (HKSAR) is prohibited. VA Cyber Technology is not responsible for any claims resulting from the use of our service. |
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Prohibited uses: |
The followings are unacceptable forms of use of our services: |
- Illegal activities
This includes, but is not limited to: transmission, storage, or presentation of copyrighted material without the consent of the copyright holder, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. Sites that promote any illegal activity or content that may be damaging to VA Cyber Technology's servers or any other server on the Internet. Links to such materials are prohibited. This includes, but is not limited to illegal adult sites, warez/pirated software, serialz, hacker programs/archives and gambling.
- Infringing the legal rights of others
Posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers are examples of unacceptable forms of infringing the right of others and are not allowed.
- Excessive or illegal uses of system resources
Running programs in the background on a VA Cyber Technology server without authorization, or running Internet Relay Chat, IRC bots, more then 1000 emails a day and the like are not allowed. Further, any usage of fifteen percent (15%) or more of our system resources is also unacceptable. If your usage ever exceeds fifteen percent (15%) of system resources, your account may be suspended and or terminated immediately and without prior notice.
- Hacking/Cracking
VA Cyber Technology reserves the right to report illegal activities to all regulatory authorities for prosecution.
- Copyright Infringement
VA Cyber Technologyhas adopted a policy that will terminate websites hosted by VA Cyber Technology that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by VA Cyber Technology, and the copyright holder wants VA Cyber Technology to remove the website or disable the material in question, VA Cyber Technology will remove the website or disable the material under the court of law.
- Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.
- IRC
IRC, IRC bots, or IRC content is strictly prohibited.
- Usage abuse
Any attempt to undermine or cause harm to a server or customer of VA Cyber Technology is strictly prohibited.
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Email Commercial Advertising
| Spamming, or the sending of unsolicited e-mail, from a VA Cyber Technology server or using an e-mail address or domain that is maintained on a VA Cyber Technology machine as reference is STRICTLY prohibited. VA Cyber Technology will be the sole arbiter as to what constitutes a violation of this provision.
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Forum Software |
Only one instance of an online forum should be run from a single domain. If your account allows more than 1 domain, you can run one forum for each domain. We recommended the mySQL version of the forum software phpBB. Forum software using flat-file databases (e.g. UltimateBB, YaBB, IkonBoard flat-file version) are strongly discouraged and may result in the suspension of the affected account should usage levels become abnormal. |
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Cancellation |
Cancellation can be made via email to billing@vacytech.com. Although no notice is required, and there is no cancellation fee, all fees paid are non-refundable. This include fees for domain registration and all other services. We reserve the right to remove any account without prior notice for any reason. |
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Refusal of Service |
We reserve the right to refuse, cancel, or suspend service at our sole discretion. |
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Privacy Statement |
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VA Cyber Technology is committed to protect your privacy. This statement applies to VA Cyber Technology web sites and governs data collection and usage at all of our web sites and services. Personal information of all users is collected, used and disclosed as described in this Privacy Statement. |
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Collection of your Personal Information |
VA Cyber Technology may collects personal information, such as your e-mail address, name, or telephone number when you choose to sign up for our paid service. |
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Use of your Personal Information |
VA Cyber Technology and its operational service partners collect and use your personal information to operate and deliver the service you have requested. VA Cyber Technology does not disclose sell, rent or lease its sensitive personal information to third parties without your explicit consent |
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VA Cyber Technology may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on VA Cyber Technology or the site; (b) protect and defend the rights or property of VA Cyber Technology Web site; or (c) act under exigent circumstances to protect the personal safety of users of VA Cyber Technology services or members of the public. |
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Service Level Agreement (SLA) |
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The VA Cyber Technology Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of VA Cyber Technology's service. |
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30 Day money back guarantee |
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All VA Cyber Technology packages (exclude domain registration, web page design and webconferencing) include a 30-day money back guarantee for new customers. If you are dissatisfied with our service for any reason, you will receive a full refund (minus domain name registration fee, domain registration service charge if applicable and overage charges) if you cancel your account within 30 days of the activation of your account. If you balance is insufficient to cover our domain registration service charge, we reserve the right to collect the balance of the domain registration service charge from you. We will charge 10% or not less than RMB 40 service charge if you use RMB to pay for your service. |
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Uptime Guarantee |
VA Cyber Technology strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by VA Cyber Technology's monitoring systems or VA Cyber Technology's authorized/contracted outside monitoring services. If VA Cyber Technology fails to meet it's 99.5% uptime guarantee due to "outages", and it is not due to one of the exceptions below:
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- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
- Telco Failure (ie...cutting a fiber line somewhere)
- Backbone peering point issues (PAIX)
- Scheduled maintenance for hardware/software upgrades
- DNS issues not within the direct control of VA Cyber Technology
- Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of VA Cyber Technology service(s) in breach of VA Cyber Technology Policy and Service Guidelines (AUP), by Client or others authorized by Client.
- DDOs attacks or any IRC related attacks
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Credits will be made available to each client, upon request, on a case by case basis. |
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Outage |
An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a VA Cyber Technology service failure for more than 15 consecutive minutes, excluding service failures relating to VA Cyber Technology scheduled maintenance and upgrades. The VA Cyber Technology network does not include client premises equipment or any access facilities connecting Client's premises to such infrastructure. |
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Credits |
In the event that there is no Web Site Availability, VA Cyber Technology will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month: |
| Uptime | | Credits |
95% to 99.4% | 25% |
90% to 94.9% | 50% |
89.9% or below | 100% |
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In order for YOU to receive a credit on YOUR account, YOU must request such credit within five (5) business days after YOU experienced no Web Site Availability. YOU must request credit by sending an electronic mail message to sla@vacytech.com. For security, the body of this message must contain YOUR login id/domain name, the dates and times of the unavailability of YOUR web site, and such other customer identification requested by VA Cyber Technology. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to your account shall be YOUR sole and exclusive remedy in the event that there is no Web Site Availability. |
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If you have any question regarding this policy please feel free to contact VA Cyber Technology at policycompliance@vacytech.com |
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In no event will VA Cyber Technology be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use VA Cyber Technology services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation of transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, act of GOD, unauthorized access to, alteration of, or use of any record.
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These terms may be modified at any time and without notice. All users previous and new are always subject to the newest terms posted here at all times. It is recommended that you view this page periodically to see if any changes have been made. By filling out an order form, purchasing an account, or paying for an account, you automatically agree to these policies.
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