These general terms apply to hosting services at Pho Tue SoftWare Solutions JSC, including: website hosting (cloud hosting, Premium Cloud Hosting), servers (Cloud Server, Accounting Server), WordPress hosting, email hosting, and other related services.
If you breach the terms below, we may suspend or terminate the service without any refund, depending on the severity of the impact:
1.You use the service you purchased for any purpose, or in any manner, that breaches Vietnamese law.
2.You use the service in a way that harms, or may harm, minors in any manner.
3.You send, link to, or relay data that is unlawful, banned from distribution by the State, or that threatens, incites, defames, deceives, promotes hatred, undermines national unity, offends public morals, is pornographic, damages the honor or reputation of an individual or organization, or discloses state, military, security, economic, foreign-affairs, or other secrets defined by law, in any form prohibited under Vietnamese law.
4.You store or distribute data that may constitute or encourage unlawful conduct, or you infringe copyright, intellectual property rights, or trade secrets, or infringe the lawful rights of other individuals or organizations.
5.You upload, post, email, transmit, or otherwise make available any material containing software viruses or other computer code, files, or programs designed to interrupt, damage, or limit the functionality of computer hardware, software, or telecommunications equipment.
6.You engage in fraud or in conduct contrary to this agreement or to applicable law in relation to the websites or addresses of service providers affiliated with us.
7.You impersonate any other individual or organization, including but not limited to any officer, forum manager or moderator, guide, or employee of Pho Tue SoftWare Solutions JSC, or make false statements or otherwise misrepresent your affiliation with an individual or organization.
8.You obstruct or disrupt the service, or other users' use of the service, the servers, or the networks connected to the service; or you fail to comply with the requirements, procedures, policies, or rules of networks connected to the service.
9.You breach anti-spam rules under Decree 90/2008/ND-CP dated 13/8/2008 of the Government on combating spam, or under whichever legal instrument is in force at the time the spam is sent (http://www.vncert.gov.vn/files/90-2008ND-CP.doc)
10.You breach the current rules of the Ministry of Information and Communications or current Vietnamese law regarding unlawful conduct on the internet.
Conduct prohibited when using the service
1.You use source code capable of exploitation or attack (such as r57, c99, or webshells) that congests, stalls, or exhausts resources (overloading CPU, RAM, or network) or endangers server security.
2.You use source code with the potential to cause the following especially serious harm:
- Leech file scripts (Rapidleech, transload, etc.)
- DDoS scripts (xflash, ddos, etc.)
- Email spam / mail bomb scripts.
- Source code linking to scam or phishing sites.
- Source code that harvests credit card details.
3.You run long-running automated processes without supervision, or run bots or daemons that consume server resources.
4.You store or run any of the following: spiders, indexers, IRC (Internet Relay Chat), P2P clients, trackers, or BitTorrent.
5.Image hosting scripts that let anonymous users upload an image for display on another website (similar to Photobucket).
6.Banner ad services that display advertising on other websites or devices (rotating commercial ad banners).
7.File backup or dump scripts that let anonymous users upload a file for others to download (similar to Fshare).
8.Commercial audio streaming (more than one or two streams).
9.Form-mail scripts that let users specify the recipient's email address directly.
10.Bulk or anonymous SMS gateways;
11.Backing up content from another computer or website;
12.Any script that degrades the performance of our servers or the network environment.
13.Taking part in or contributing to peer-to-peer file sharing.
14.Using more than the resources allocated to each service type.
15.Storing or using tools, or using the email service, to send advertising mail to unverified recipients (without the recipient's consent). We determine that email you send is spam based on feedback from recipients' mail systems and from widely used anti-spam tools such as SpamAssassin.
16.Repeatedly sending email to invalid addresses (addresses that do not exist) exceeding 20% of the addresses within 24 hours.
17.Sending email with malicious, fraudulent, or impersonating content, bulk advertising, or attached viruses. Such email may be sent by a user or from a virus-infected machine, or from source code infected with malware, often due to user inexperience.
18.Running cron jobs, scheduled tasks, or other automated tasks that repeat more often than every 15 minutes.
19.Bitcoin trading or mining. Running the service as a game server.
20.Using a server or hosting account as a proxy server in a way that may affect overall system performance.
21.The website continuously sends or receives a high volume of requests, saturating the network and degrading server performance.
In the event of such a breach, we will immediately suspend the hosting account that is in breach of the terms of service, without prior notice, to prevent resource escalation and keep the server stable and running. We will send you a warning by email or through a ticket (with screenshots, logs, and so on), and you understand and agree that you are responsible for investigating and resolving the issue promptly and completely.
If the breach continues to recur, we may unilaterally terminate the contract without returning any data or refunding any contract fees.
22.Storing files with the extensions .exe, .com, .cmd, .bat, or .sh in your hosting or email account.
Resources
1.All files and folders that have been in the Recycle Bin or Trash, or in the Spam or Junk folders, for more than 15 days are treated as no longer needed. You therefore understand and agree that our automated system will scan nightly and permanently delete them, to free up storage and avoid wasting the resources allocated to your service.
2.Where service specifications are described as unlimited - bandwidth, accounts, storage capacity, and so on - we do not cap the storage or bandwidth your site can use, as long as that usage is consistent with our terms of service. If your website's bandwidth or storage usage risks affecting the stability, performance, or uptime of a server or server cluster, we will notify you by email, phone, or SMS and ask you to upgrade, or we may throttle the resources your website is using. It is very rare for a website to breach our hosting terms of service. Breaches typically occur only on sites that use hosting to share or store files.
Product end-of-life policy
As products evolve and gain features, every version released is eventually given a specific end-of-life date for the previous version. You need to upgrade to the latest version to receive security fixes, better performance, and the new features built into it.
For services whose expiry date falls after the end-of-life date we have announced, we will email customers 30 days before end of life to notify them of the plan to upgrade to the new version, and we will continue supporting the service on the new version. The upgrade incurs no additional cost until the service is renewed.
Server and software upgrade policy
Keeping websites and email safe and stable makes system and software upgrades both necessary and urgent. Hosting servers at Pho Tue SoftWare Solutions JSC are upgraded in the following ways:
1. Automatic upgrade:Hosting servers at Pho Tue SoftWare Solutions JSC always have automatic upgrades to the latest version enabled, for both the operating system and software, in order to patch security flaws.
2. Scheduled maintenance:Operating system and software version upgrades are carried out to a set plan, with maintenance notice sent to customers 3 – 5 days beforehand.
3. Emergency maintenance/upgrades:In an emergency, Pho Tue SoftWare Solutions JSC will publish its incident response plan 60 minutes in advance on the Announcements page, together with email, SMS or a direct phone call where possible. The following cases apply:
- Software versions cannot be upgraded automatically when a security vulnerability is discovered in the operating system or software and the vendor has published an advisory recommending an upgrade.
- Unexpected server hardware failure.
- Operating system upgrades.
After an upgrade, some websites may show errors because they run an older version that has not been upgraded or optimized, or because their source code or technology is incompatible or no longer supported on the new system version. You understand and agree that you need to adjust or upgrade your website so it stays compatible with the server platform. For websites with unusual technical requirements, we can work with you to find the best upgrade path.
Last updated: 12/11/2020
