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Terms of Service

Last updated: July 2023

We have updated Section 14 (Cancellations and Refunds), effective July 1, 2023, to clarify that purchases of certain add-on products (such as replacement IP services) are non-refundable. 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, Climbing the wall 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 utilization 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, you can apply for a refund unconditionally within 24 hours after purchasing CMIVPS products. No refunds will be accepted after 24 hours.
If the product is removed from the shelves before the service expires or the server fails for more than 24 hours, you can apply for a refund based on the remaining service time.
Refunds through any channel can only be refunded to the account balance. If you initiate a dispute or other action without communication at 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 on customer service personnel during communication
- Suspended or terminated for Terms of Service (ToS) violation
- There is a malicious trial product
- It has been more than 24 hours since payment was completed
- IP address blocked due to attack, banned, sending packages, etc.
- Multiple repeat purchases and refunds (3 or more)

4. Disclaimer

We will not provide a refund guarantee in any of the following situations:
- Service inaccessibility (use) or data loss due to user account arrears, non-renewal or forgetting to renew
- Service inaccessibility (use) or data loss due to user operations or other related behaviors
- Inaccessibility (use) or data loss due to user's website content or use that violates the Terms of Service
- Inability to access (use) or data loss due to force majeure (social/natural, etc.)
- Unless otherwise specified, we only guarantee the quality of server bandwidth and do not guarantee the quality of any regional/cross-border routing.
- For newly opened machine IPs that cannot be used, we provide free replacement of available IPs; IPs that are unavailable for more than 4 hours will be charged an IP replacement fee of US$2.
- For any network failure, please provide ipip.net screenshot, mtr screenshot, and/or traceroute screenshot. For speed-related issues, please use iperf3 test screenshots, otherwise the technical team reserves the right to refuse to respond to relevant inquiries.
- For ordinary VPS products, we currently do not provide technical support other than hardware/network failures. You can order additional technical support services for your machine through add-on product options.
- No technical support services

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 a user of any website hosted through the Services ("User Site"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through the User Sites. By posting or distributing User Content on or through the Service, 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 will not Infringe or violate the rights of any third party.
For the sole purpose of providing the Services, you hereby grant CMIVPS a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; (ii) CMIVPS does not acquire any right, title or interest in or to the User Content, all such right, title or interest shall remain with you.
After activating the promotional account, you can offer promotions to all registered and unregistered users. The system will automatically calculate the commission for purchases made through the promotion. However, no commission will be earned for promoting to your own other accounts if you have multiple accounts.

6. Comply with applicable laws

You agree to comply with all applicable laws, rules and regulations, including without limitation all local rules where you reside or where your organization is located, regarding User Content, User Websites, online activities, emails and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or 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 (although 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 at other locations. Those who access the Service from other locations do so at their own risk and are solely responsible for compliance with all applicable laws of such locations. We will not provide services where prohibited by law. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, with respect to the personal data of your subscribers or customers, you acknowledge that and agree that you are the Controller (as that term is defined in the GDPR) and we are the Processor (as that term is defined in the GDPR), so long as you only store personal data as permitted by using our Services and are subject to this bound by the terms of the agreement. You also 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 the GDPR applies to you, you represent and warrant that when 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 legitimate legal basis for doing so To transfer such personal data to us and you have the necessary consent to allow us to receive and process (e.g. store) such personal data on your behalf. If you are a controller subject to the GDPR, the additional data processing terms set out here apply.