Terms Of Service

A few rules that need to be followed.

Last update: 2023-06-01

The accessing and / or use of the Service (hereinafterreference to as "Virtua.Cloud") and / or theServices provided by VIRTUA SYSTEMS and subsidiaries (hereinafterreferenced to as"Virtua.Cloud", "we", "us", "our") is subordinate to thefollowing Terms and Conditions.

1. Acceptance ofTerms of Service

By using and / or accessing the Service and / or theServices providedby VIRTUA SYSTEMS and subsidiaries (the provider)under Virtua.Cloud (theService), You are agreeing to be bound by these Terms ofService, all applicable laws andregulations, and agree that You are responsible forcompliance with any applicable local laws.If You do not agree with any of these terms, You areprohibited from using and accessing theService and the Services.

2. Services

Virtua.Cloud reserves the right to, at its solediscretion, refuse the supplying of Services toYou for any reason.

Virtua.Cloud provides You different Services and / ordifferent options bound to these Servicesor provided as exclusive Services as a whole. There isno guarantee for the availability ofthese Services and / or these options. Virtua.Cloudreserves the right to cancel the providingof certain services or options at any time at its solediscretion. All Services provided byVirtua.Cloud are subject to availability and to all ofthe Terms and Conditions of thisAgreement.

Virtua.Cloud reserves the right to interrupt Services formaintenance on a regular basis and / orin emergency cases.

By ordering Services offered by Virtua.Cloud, You agreeto pay the fees associated with theServices.

3. Payment

By ordering Services provided by Virtua.Cloud You may beasked to supply certain informationnecessary for the processing of Your payment. Suchinformation may consist of, but is notlimited to, Your credit card number, the expire date ofYour credit card and / or Your billingaddress.

By providing such information to Virtua.Cloud, Youguarantee and warrant that You arerespectively authorised to provide the information andthat the information provided is correctand complete.

Further, You acknowledge that the provider and / or theService may be required to provide thisinformation to third parties in the required fashion tooffer certain Services and / or options,this may constitute, but is not limited to, supplyingYour credit card number to a paymentprocessor.

You agree that you WILL NOT create multiple accounts inorder to gain benefits such asnon-recurring gift codes. Violation of this paragraphwill result in immediate termination andyou WILL NOT receive any refunds.

4.Termination

Virtua.Cloud may terminate or temporarily restrict accessand / or use of the Service and anyServices at any time, effective immediately, withoutprior notice, for any reason.

After termination, Your right to access and / or use theService and / or Services provided byVirtua.Cloud is deemed annulled.

5. Limitation ofLiability

You explicitly agree that the Service and Servicesprovided by Virtua.Cloud are provided on an"as is" basis. Virtua.Cloud makes no warranties,expressed or implied, and hereby disclaims andnegates all other warranties including, withoutlimitation, implied warranties or conditions ofmerchantability, fitness for a particular purpose, ornon-infringement of intellectual propertyor other violation of rights. Virtua.Cloud expresslydisclaims all warranties of any kind.

In no event shall Virtua.Cloud and / or its suppliers beliable for any damages (including,without limitation, damages for loss of data or profit,or due to business interruption) arisingout of accessing and / or using the Service and / or theServices and / or inability to use theServices provided by Virtua.Cloud, even if Virtua.Cloudor an Virtua.Cloud authorizedrepresentative has been notified orally or in writing ofthe possibility of such damage. Becausesome jurisdictions do not allow limitations on impliedwarranties, or limitations of liabilityfor consequential or incidental damages, theselimitations may not apply to you.

You agree that You are held fully responsible for anyactions originating from Your access and /or use of the Service and / or the Services.

Unless otherwise agreed to, Virtua.Cloud does not makeany back-ups of Your data and it is Yoursole responsibility to perform back-ups on a regularbasis.

6.Indemnification

You agree to defend, indemnify and hold Virtua.Cloud andits affiliates, parents, subsidiariesand any related companies harmless from and against anyclaims and liabilities arising from Youraccess and / or use of the Service and / or theServices.

7. Refunds

You agree that, as soon as You order Services provided byVirtua.Cloud, Your right for a refundin any manner, including the right to dispute a paymentor otherwise impair a transaction madeto Virtua.Cloud by You for obtaining credit to use theService and / or the Services is deemedannulled. Any credit has to be spent in cloud computingresources, bound by these Terms ofServices and any other specified policies. Shall youdeliberately cause a negative financialimpact on Virtua.Cloud (for instance by disputing apayment), You explicitly agree to pay anyadministrative fee associated, as well as the disputedamount. Virtua.Cloud reserves the rightto recover such financials using the full extent ofapplicable law.

You explicitly agree that Your right of refunds and / orwithdrawing any remaining balance isconsidered ceased by breaching this Terms of Service and/ or any other policies bound toaccessing and / or using the Service and / or theServices.

You acknowledge that credits that were added throughcrypto currency payments are notwithdrawable nor refundable.

8. Changes

You agree that these Terms and Conditions may be changedat any time, with or without priornotice. By continuing accessing and / or using theService and / or the Services You agree toany changes made in tese Terms and Conditions.Virtua.Cloud provides a "last update" timestampat the top of this Agreement, which allows You todetermine any changes to these terms andconditions. Additionally, Virtua.Cloud may voluntarilyinform all users about changes to theseTerms and Conditions and / or any other policies.

9. Governing Law

These Terms and Conditions are governed by and construedin accordance with the lawsof France and You irrevocably submit tothe exclusive jurisdiction ofthe courts in that State or location.

If any provision of this Agreement is prohibited by lawor held to be unenforceable, thatprovision will be deemed annulled and the remainingprovisions shall not be affected such thatthis Agreement shall continue in full force and effectas if such unenforceable provision hadnever constituted a part of it.

10.Bandwidth

While bandwith to your Cloud Server VPS is provided asunmetered it is governed by a fair usepolicy.

It is prohibited to violate the fair use policy forcases like media streaming, public filesharing, or any other type of high and continuousbandwidth usage unless Virtua.Cloud allows youto.

The use of our services to operate a Virtual PrivateNetwork (VPN) is permitted for personaluse only. It is strictly prohibited to use our servicesfor the operation of a VPN for resaleor commercial purposes.
Any indication of such activity will be considered aviolation ofthis agreement and may result in immediate terminationof services, at the sole discretion ofVirtua.Cloud.

11. BulkEmail

The use of our network to send bulk email whether opt-inor otherwise, and the use of bulk emailto promote a site on our network is strictly forbidden,unless Virtua.Cloud allows you to.

Bulk mailing is defined as:

  • Emails with more than 50 recipients per email;
  • Sending emails at a rate of over 5 emails perminute.

12.Acceptable Usage Policy

By using the Service and / or the Services, You agree tocomply with Virtua.Cloud AcceptableUsage Policy.

13. Account Creation and Use

As part of your use of Virtua.Cloud, you are permitted tocreate and maintain one user account.The creation of multiple accounts with the intent todefraud, cause harm, or unduly benefit fromour service, such as to take advantage of promotionaloffers, is strictly prohibited.

This prohibition includes, but is not limited to, thefollowing actions:

  • Creating multiple accounts to circumvent usagelimits or restrictions.
  • Creating an account for someone else without theirexpress consent.
  • Creating accounts with fraudulent information or forfraudulent purposes.
  • Selling, trading, or transferring your Virtua.Cloudaccount to another party.

Any suspected fraudulent, abusive, or illegal activitymay be grounds for terminating youraccount and may be referred to appropriate lawenforcement authorities. Furthermore, youacknowledge that Virtua.Cloud may claim damages againstyou if you engage in these prohibitedactions.

14. Account and Data Security

As a user of Virtua.Cloud, you are responsible formaintaining the security of your account andthe data within it. This includes safeguarding yourlogin credentials, such as your username andpassword, and not sharing them with any third party. Youshould ensure that your password isstrong, unique, and updated regularly.

Additionally, you are responsible for all activities thatoccur under your account, whether ornot you have authorized such activities. Anyunauthorized use of your account or any otherbreach of security should be immediately reported toVirtua.Cloud.

While we employ a variety of security measures to protectyour account and data, we cannotguarantee that unauthorized third parties will not beable to defeat our security measures.Therefore, you acknowledge and agree that you provideyour information at your own risk.

Failure to comply with these security requirements mayresult in the suspension or termination ofyour account, at the sole discretion ofVirtua.Cloud.

14. AbuseReporting

If you encounter any activity that you believe violatesour Terms of Service or Acceptable UsagePolicy, we encourage you to report it to us. We take allreports of abuse seriously and willinvestigate each report thoroughly.

To report abuse, please email us at abuse@virtua.cloudwith a detailed description of the issue.Please include as much information as possible, such asURLs, timestamps, user names, and anyother relevant details that can help us investigate.

We aim to respond to all abuse reports within 48 hours.However, due to the volume of reports wereceive, it may take longer to fully investigate yourreport. We appreciate your patience andcooperation in this process.

By using our services, you agree to act in good faithwhen reporting abuse. Frivolous or falsereports can strain our resources and may result inpenalties, including the suspension ortermination of your account.