Terms of Service
Terms of Service

Terms of Service

Last updated: March, 2024

We have updated Section 6: Copyright Compliance: DMCA and European Regulations, effective March 17, 2024. Please read the following terms.

These Terms of Service (the "Agreement") are an agreement between CMIVPS.com, LLC ("CMIVPS", "we", "our" or the "Company") and you (the " User" or "you" or "your"). This Agreement sets forth the general terms and conditions governing your use of the products and services offered by CMIVPS and the CMIVPS.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. CMIVPS Cloud Computing Service Terms and Disclaimer, please read them carefully before purchasing products and services, and confirm your acceptance of these terms when placing an order. In the process of using the services or products of CMIVPS Computing Host, disputes between the user and CMIVPS Computing shall be resolved in accordance with the provisions of this Terms of Service. CMIVPS reserves the right to change these Terms and its additional terms at any time without notifying Customer. Changes to the terms are effective for all customers. If the customer does not agree to the changed terms, the customer has the right to cancel the service.

1. Prohibited use

  • If the following terms are violated, we have the right to immediately suspend or terminate the service and refuse to provide any form of refund without prior notice, and will actively cooperate with local law enforcement agencies in investigations.
  • It is strictly prohibited to upload and operate online, such as gambling, crime, child pornography, piracy, infringement, imitation, fraud, stocks, futures, various securities, virtual currency transactions and any currency transactions, movie channels and lottery (including time and time lottery, Mark VI) include but are not limited to the above illegal activities.
  • Use the host to send external and internal packets (whether active or not), ARP attacks, ARP hijacking, scanning for weak passwords, malicious exhaustion, and interference with other servers.
  • Use the host to send spam (SPAM), spam (messages, posts), spread Trojans, viruses (including malicious files that refer to other servers).
  • Use torrent, torrent, etc. to download or distribute copyrighted content.
  • Nested virtualization (Java is not subject to this limitation).
  • Use net_speeder/finalspeed/kcptun and other software that interferes with the operation of other servers.
  • Run software that takes up a lot of CPU, bandwidth, and hard disk resources, such as mining traffic, various virtual currencies, video hangups, cluster computing, and traffic exchange (independent server exclusive broadband products do not have this restriction) ).

2. Rules for rational use of resources

  • Please do not use software that affects network performance (including but not limited to: PT download, BT download, external outsourcing, etc., except exclusive broadband products).
  • Do not occupy a large amount of hard disk I/O for a long time, or use software that affects server stability (including but not limited to: PT download, BT download, etc., except for independent server products).
  • Do not occupy a large amount of CPU for a long time and use software that affects server performance (including but not limited to: cluster computing, mining virtual currency, etc., but stand-alone server products do not have this restriction).
  • Account verification and order review before opening an account.
  • When all customers submit orders, we may share customer data (account information, customer IP, customer payment gateway information, etc.) with our anti-fraud service provider MaxMind to better maintain the quality of our services. Consent to the sharing of the above data on behalf of the client. We may modify the content of certain customer data shared without notice.
  • Due to node compliance requirements in some regions, we may review the customer's account information before the product is launched, and require the customer to verify the registered email address, correct the user information, and complete the real-name pre-unboxing verification as appropriate. For customers who refuse to cooperate with relevant verification, data correction and real-name verification, we reserve the right to refuse to activate related products without refund.

3. Chargeback protection and chargeback disputes

  • Except for special offers, refunds can be requested unconditionally within 24 hours of purchasing CMIVPS products, and no refunds will be accepted after 24 hours.
  • If the product is taken offline before the service expiration date or the server experiences a failure for more than 24 hours, you can apply for a refund based on the remaining service time.
  • Refunds via any channel are only supported to be credited to the account balance. If you initiate a dispute or other actions without communication with the payment gateway, you will not receive any refund, and we reserve the right to terminate all products under the account and restrict access to the account itself.
  • We will not provide a refund guarantee in any of the following situations:
    • If personal attacks are made against customer service staff during the communication process
    • Suspended or terminated for violating the Terms of Service (ToS)
    • Malicious trial of the product
    • More than 24 hours after payment completion
    • The IP address is blocked due to attacks, bans, or packet sending
    • Multiple repeated purchases and refunds (3 or more times)

4. Disclaimer

  • We will not provide a refund guarantee in any of the following situations:
    • Service unavailability (use) or data loss due to user account arrears, non-renewal, or forgetting to renew.
    • Service unavailability (use) or data loss caused by user operation or other related actions.
    • Service unavailability (use) or data loss due to the user's website content or use in violation of the Terms of Service.
    • Service unavailability (use) or data loss caused by force majeure (social/natural factors, etc.).
    • Unless otherwise specified, we only guarantee server bandwidth quality and do not guarantee the quality of any regional/cross-country routing.
    • For newly opened machines with unusable IPs, we offer free replacement with available IPs; more than 4 hours of unusable IPs will incur a $3 IP replacement fee.
    • For any network failure, please provide screenshots from ipip.net, MTR screenshots, and/or traceroute screenshots. For speed-related issues, use iperf3 test screenshots; otherwise, the technical team reserves the right to decline to respond to related inquiries.
    • For general VPS products, we currently do not provide technical support except for hardware/network failures. You may order additional technical support services for your machine through additional product options.
    • No technical support service.
  • CMIVPS is not responsible for any illegal activities conducted by users. If users engage in illegal activities such as fraud, money laundering, false advertising, hacking, etc., using CMIVPS services, CMIVPS reserves the right to immediately terminate services and freeze the users account, with no refund provided. Users will be fully responsible for any legal liabilities arising from these actions, and CMIVPS reserves the right to provide relevant information to law enforcement agencies.
  • CMIVPS is not responsible for any direct or indirect losses caused by users illegal activities, whether or not these losses were previously notified. Users must bear all consequences related to illegal activities, including but not limited to legal proceedings, fines, and damages.

5. User Content

  • You may upload, store, publish, display, and distribute information, text, photos, videos, emails, and other content (collectively, "User Content") on or through the Services. User Content includes any content posted by you or users of any website hosted through the Services (a "User Website"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to CMIVPS that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
  • Solely for purposes of providing the Services, you hereby grant to CMIVPS a non-exclusive, royalty-free, worldwide right and license to: (i) use, copy, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; (ii) CMIVPS will not acquire any rights, title, or interest in or to the User Content, all of which will remain solely with you.
  • After the promotion account is activated, you can provide promotions to both registered and unregistered users. The system will automatically calculate commissions after purchases (commissions will not be given to users who promote to their own multiple accounts).

6. Copyright Compliance: DMCA and European Regulations

  • You agree to comply with all applicable laws, rules, and regulations, including but not limited to all local rules regarding online activities, content, and email in your jurisdiction. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
  • Under European Directive 95/46/EC and the General Data Protection Regulation (GDPR) 2016/679, you acknowledge and agree that, for the personal data of your subscribers or customers, you are the controller as defined in the GDPR, and we are the processor, to the extent that you use our services to store personal data in compliance with this Agreement.
  • You agree to comply with all applicable copyright laws, including the U.S. Digital Millennium Copyright Act (DMCA) and the relevant copyright laws of the European Union. In the event of a copyright infringement claim, CMIVPS will follow the procedures outlined in the DMCA and applicable EU regulations. If a user is found to be in violation of these copyright laws, CMIVPS reserves the right to take action, including but not limited to suspending or terminating the user’s service without refund.

7. Comply with applicable laws

  • You agree to comply with all applicable laws, rules, and regulations, including but not limited to all local rules regarding user content, user websites, online activities, emails, and your use of the Services in your place of residence or the location of your organization. Specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (though we may share data with third parties around the world to assist us in providing the Services, as further described in our Privacy Statement), and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own risk and are fully responsible for compliance with all applicable laws in those locations. We will not provide the Services where prohibited by law.
  • With respect to the European Directive 95/46/EC, the General Data Protection Regulation 2016/679 (the "GDPR"), and any applicable national implementing laws in your jurisdiction, you acknowledge and agree that for the personal data of your subscribers or customers, you are the controller (as such term is defined in the GDPR), and we are the processor (as such term is defined in the GDPR), insofar as you may store personal data through the use of our Services in compliance with this Agreement. You further acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law, including the GDPR.
  • To the extent GDPR applies to you, you represent and warrant that, in using our Services, you will clearly describe in writing how you plan to use any personal data collected, and you will ensure that you have a lawful legal basis for transmitting such personal data to us and that you have obtained all necessary consents to allow us to receive and process (e.g., store) such personal data on your behalf. If you are a controller bound by GDPR, the additional data processing terms set forth herein apply.

The final interpretation of these Terms of Service belongs to CMIVPS
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