Service Agreement

Please read and scroll to the bottom to ACCEPT terms.

MyanmarVPS.com Virtual Private Server Services

    * General Terms of Services
    * Acceptable Usage Policy
    * Service Level Agreement


TERMS OF SERVICE

 

This MyanmarVPS.com Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which MyanmarVPS's Hosting Services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and MyanmarVPS.com reserves the right to modify it from time to time, effective when notification is posted at www.myanmarvps.com. No verbal or written agreement/statement by any MyanmarVPS.com employee or at MyanmarVPS's website will take precedence over the TOS.

 

On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. MyanmarVPS.com only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that MyanmarVPS.com deems inappropriate may result in the termination or suspension of the Services for the Customer.


General Terms of Serves (TOS)

Notifications: All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. MyanmarVPS.com will not be responsible if Customer fails to receive any email MyanmarVPS.com attempted to send.

 

Ordering Server(s): To order a server(s) Customer need to register at http://www.myanmarvps.com/register.php . Customer should check and understand the product details and send us requirements by visiting www.myanmarvps.com/contactus.php page. Once we receive Customer's requirement, MyanmarVPS.com Sales Department will prepare a quote. This quote will have setup fee, monthly fee and other fee(s) as per your requirement and quotation validity period. Customer must pay these fee(s) within validity period. If a Customer pay these fee(s) after validity period, our fee may get changed or server may not be available. If that happens, we will refund Customer payment within 48 hrs (max.)

 

Monthly Service Fees: Fees for server(s) ordered by the Customer shall begin on the same date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

 

Upgrade Fees/Additional Service Fees: If you send us request to upgrades ordered on the Anniversary Billing Date, then it will be billed for a full month service and will continue each month on the Anniversary Billing Date.

 

If you send us request to upgrades ordered after the normal Anniversary Billing Date, then it will be charged on pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

 

Downgrade: You need to confirm request for downgrade (if any) prior to 96 hrs. of your hosting Anniversary Billing Date for downgrades of month to month services. Failure to supply the requisite 96 hours written notice of downgrade will result in a full billable monthly cycle prior to downgrade.

 

One Time Fees: One time fees, such as setup fees, management ticket charges, bandwidth overages, ip’s and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

 

Service Credits: Service credits ( like Discounts/SLA etc. ) will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. Service credits shall expire if Customer’s account is fully terminated.

 

Cancellation: If customer want to cancel their server(s), customer must be contact to MyanmarVPS.com by Email or Phone. After receiving your cancellation comfirm, MyanmarVPS.com will stop customer's server within 96 hours. MyanmarVPS.com is not responsible for Refund. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons.

 

Refunds & Disputes: All VPS services rendered by MyanmarVPS.com are non-refundable. This includes, but is not limited to: setup fees, one time fees, and monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket from www.myanmarvps.com/contactus.php with complete server details with their official email id. Customer should pay his server fee on time, even if they are trying to get a refund or resolving any SLA/Billing/Credit issue with MyanmarVPS. Failure to pay Server Fee on or before Anniversary date will result as stated “Non-Payment” policy.

 

Charge Back: Customer agrees not to chargeback any payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $250 and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by MyanmarVPS.com in enforcing collection.

 

Non-Payment: All payments are due in full on or before the Anniversary Billing Date. Failure to remit payment on the monthly anniversary date is a violation of the TOS. Failure to remit payment on time, including the Anniversary Billing Date, shall result in a termination of public access to Customer services ( via live chat/phone ) as well as suspension of Server services.

 

A late fee of $30 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. Failure to remit payment for services within five (5) consecutive days, including the Anniversary Billing Date, shall result in termination of all services, shall be reclaimed. A $60 reconnect fee will be incurred for failure to remit payment for services after access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.

 

Disclaimer: MyanmarVPS.com do not take responsibility of any business/data lost due to Non-payment or non-compliance of TOS stated above.

 

Data: MyanmarVPS.com agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that MyanmarVPS.com handles Customer data, i.e., when replacing hard drives, MyanmarVPS.com will act in accordance with PCI guidelines to ensure data is securely handled.

 

Permitted Use : By Accepting the TOS, customer agrees to use MyanmarVPS.com Services solely for their intended purposes. Customer Specifically Agree Not to Tamper with, Make Derivative Works of , Reverse Compile, Reverse Engineer and/or disassemble any of provider’s software or Files. If customer violate or exceeds the permitted use, MyanmarVPS.com reserves the right to immediately terminate customer’s account and will pursue any or all legal remedies available.

 

Electronic Signature: Acceptance by Customer of the Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.


Acceptable Use Policy(AUP)

This AUP informs Dedicated Server Customers the permitted use of the server(s). It is impossible to anticipate every possible issue while maintaining a network of servers. This AUP acts as a guideline.

 

Private Network/Public Network: All Customers are granted equal access to the Public/private Network. Any violation, misuse, or interference with the network will be considered a violation of the AUP and will trigger the "Methods of Resolution" under this AUP as mentioned below.

 

Security Services: Customers is required to secure the server. Some of the security tasks that Customer must know are password management, port management, OS updates, application updates, security policy settings etc. The Customer is ultimately responsible for individual server security. Any violation of the security services will be considered a violation of the AUP and will trigger the "Methods of Resolution" under this AUP as mentioned below.

 

Server Content: Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Illegal/Adult content is not allowed on dedicated servers. Any Server Content violation will be considered a violation of the AUP and will trigger the "Methods of Resolution" under this AUP as mentioned below.

 

DNS Services: Each server comes with Providers redundant domain name services. These services resolve domain names from public network and within private network. These services are managed by Service Provider. Any excessive use of these services such as DNS lookups will trigger the "Methods of Resolution" under this AUP as mentioned below.

 

IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by IP Provider. These are assigned by Provider at server and VLAN as per customer requirement. Use of an non-assigned IP address at server or non-assigned IP at VLAN will trigger the "Methods of Resolution" under this AUP as mentioned below.

 

IRC: Provider allows the use of private internet relay chat (IRC) servers for communication among private parties. Provider absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy will trigger the "Methods of Resolution" under this AUP as mentioned below.

 

Peer to Peer: Provider allows the use of internet peer to peer software for file sharing purposes. Provider highly recommends strict oversight an management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Peer to Peer policy will trigger the "Methods of Resolution" under this AUP as mentioned below.

 

Bit Torrent: Provider allows the use of bit torrent protocols on the public network. Provider highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Bit Torrent policy will trigger the "Methods of Resolution" under this AUP as mentioned below.

The following list represents per se direct violations of this AUP and will be subject to immediate redress under the Methods of Resolution as described in this AUP and as set forth below.

 

Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of above AUP.

 

Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or overflow email services is a direct violation of this AUP.

 

Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

 

UseNet Spam: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of this AUP. This includes Use Net services located within the Providers Network or unrelated third party networks.

 

Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of this AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing scheme, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.

 

Child Pornography: The Provider has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and AUP.

 

Threats & Harassment: The network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment. We seek to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

 

Fraudulent Activities: MyanmarVPS.com prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and AUP.

 

Denial of Services: The Provider absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of MyanmarVPS’s AUP.

 

Terrorist Websites: MyanmarVPS.com prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

 

Distribution of Malware: MyanmarVPS.com prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable.

 

Phishing: MyanmarVPS.com strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

 

HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

 

Disclosure of Customer Information: Occasionally, the provider is required by law to submit customer information to other, including law enforcement officials, when present with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. The provider utilizes great care in keeping Customer information safe and private and will only release information described in the subpoena or order. MyanmarVPS.com will notify customer of the information request as, and if, allowed by the subpoena or order.

 

Reporting Violation of the Acceptable Use Policy: You may contact our Legal department or report any abuse by writing us from www.myanmarvps.com/contactus.php Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. We will review all verified third party reports and will take appropriate actions as described within Methods of Resolution

 

Methods of Resolution for Violations: The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staffs are dedicated to working with the Customer in resolving potential violations, and are available via phone or email. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall MyanmarVPS.com is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

 

Step 1: First alleged violation of AUP: Our abuse department will contact owner of account/domain, for alleged violation by sending an email to customer official email id. This is often a fact-finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.

 

Step 2: Customer should reply us with in stipulated time about his action required to resolve the violation.

 

Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if our notification has been disregarded, not properly addressed, or resolved by the Customer for a specified period of time: MyanmarVPS.com engineers will turn off specified dedicated services. As soon as the violation is addressed, the access shall be restored and service will continue as normal.

 

Step 4: Failure to address violation and resolve violation: if Customer fails to address the violation AND resolve the violation, a suspension of services shall occur. This is a last resort for MyanmarVPS.com and only results when the Customer completely fails to participate in MyanmarVPS’s resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of Customer’s data.

 

Disclaimer – The Provider retains the rights, at is sole discretion, to refuse new service to any individual, group, or business. The provider also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.

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