The use of the services provided by KirinVM is subject to the following terms and conditions.
Participant Definitions and Introductory Terms-The definitions of the executors mentioned in this agreement are as follows:
KirinVM is the publisher and operator of kirinvm.com (the "Site"), through which KirinVM provides certain web hosting services ("Services"). For the purposes of this agreement, when referring to a "site" or "service", such reference includes all hardware, software, and network resources required to provide the site and / or service.
When using first-person pronouns (we, we, us, our, etc.) in this agreement, these provisions refer to KirinVM. In addition, when the terms "site" or "site" are used, these terms refer to any site we publish unless the site is expressly not subject to this policy. You, Customer-As our customer and user of the website or service, this agreement will refer to you through any second-person pronouns, such as "your", "your", etc.
Please read the hosting and service terms and conditions below. By subscribing to the KirinVM Service, you agree to be bound by all terms and conditions of this agreement (the "Agreement"). If you agree to the terms and conditions of this agreement, click "I accept" (or similar syntax) or check the appropriate box to indicate your intent to be bound by these terms and conditions and proceed with the account setup process. You should print or otherwise save a copy of this agreement for future reference. If you agree to be bound by all terms and conditions contained herein, KirinVM agrees to provide the Services to you only. Your electronic signature allows you to accept this agreement under global and national commercial law (electronic signature law) and similar federal and state laws.
1. Amendments to the user agreement
This agreement contains the full terms applicable to your use of the KirinVM Services (as defined below). KirinVM may modify the terms of this agreement, including fees, at any time (for definitions, see below).
1.1 We may modify this Agreement from time to time. We reserve the right to do so. You agree that we have this unilateral right. You agree that all modifications or changes to this agreement will become effective immediately after posting and are enforceable. An updated or edited version immediately replaces any previous version immediately after its release, and the previous version has no continuing legal effect, unless the revised version specifically mentions the previous version and retains the previous version or a portion thereof as valid. If any court considers any amendment to this agreement to be invalid or invalid, both parties intend to consider the previous valid version of this agreement to be the most effective and enforceable.
1.2 We agree that if we change anything in this Agreement, we will change the "Last Revised Date" at the top of this Agreement. You agree to revisit this page on a regular basis and use the Refresh button on your browser when you visit. You agree to record the latest revision date of the agreement. If the "Last Modified" date is the same as when you last read this agreement, you can consider that there have been no changes in this agreement since the last time you read this agreement. If the "last modified" date has changed, you can confirm that something in the agreement has changed.
1.3 If you wish to terminate this Agreement as a result of any changes we have made, you must terminate this Agreement in writing through a cancellation form within thirty (30) days after the date of the "last revision" above. Your continued use of the Services after the effective date of any such notice constitutes your acceptance of such changes.
1.4 Waiver-If you fail to periodically review this Agreement to determine if there are any changes to the terms, you will be fully responsible for such negligence, and you agree that such failures do not constitute a positive waiver of the revised terms. We are not responsible for your neglect of your legal rights.
2. Term of agreement and cancellation policy
2.1 The initial phase should begin after confirming your order or starting to provide services to you and obtain legal funds. This term will be chosen by you and indicated when ordering our services. Unless KirinVM defaults, you may not terminate this agreement during the initial term (and any renewal thereof). After the initial period, unless either party terminates or cancels in accordance with the provisions of this agreement, the agreement will automatically continue for a continuous period equal to the initial period.
2.2 Kylin Cloud may also terminate this agreement at any time for any reason or for no reason. ("Unterminated Termination"). In this case, KirinVM will give you written notice seven (7) days before the service interruption.
2.3 If KirinVM cancels this Agreement in accordance with any of the terms outlined in this Agreement, KirinVM will not refund to you any fees paid or prepaid before the cancellation, unless terminated without cause in accordance with the provisions of Article 2.2. You are obliged to pay all fees accrued before the cancellation takes effect. If KirinVM terminates the agreement for some reason, all prepaid hosting fees will be forfeited and non-refundable. Termination of this agreement does not relieve you of any obligation to pay or accrue fees. Before the effective date of termination of this agreement.
2.4 In addition to KirinVM ’s right to terminate other terms of this Agreement, if KirinVM determines in its sole judgment that you or any of your end users: (a) violates an acceptable agreement, KirinVM may immediately terminate this agreement . Use the strategy described in the AUP page ("AUP") (b) infringe or infringe any third party's intellectual property, privacy or publicity rights, (c) fail to comply with any applicable laws, rules or regulations, or (d) ) Upload, post or, as appropriate, distribute any image, text, graphics, code or video that KirinVM considers illegal or high risk. (E) Violation of the service agreement between the relevant data center and the telecommunications operator. Nothing in this agreement is intended or should impose any obligation or obligation on KirinVM to monitor or review your content or end-user content at any time. You are solely responsible for the content and any liability arising therefrom.
2.5 If any party cancels or terminates this agreement for any reason, you are solely responsible for making all necessary arrangements to ensure the safety of the replacement host and to transfer all electronic data, graphics, images, videos or text to the new service provider. After the termination of this agreement, according to its nature, the terms that are expected to survive the termination shall still be valid and shall remain in full force and effect in accordance with their terms.
3. Account Management
3.1 When registering for the service, you will choose your login name (email) and password. You can only use the service or modify data and content with such user IDs and passwords. You are solely responsible for maintaining the confidentiality of your username and password and for all activities performed using these credentials. You agree to immediately notify us of any unauthorized use of your account or any other known security violation.
3.2 You must provide us with a primary email address that is checked frequently. All notifications and correspondence between us are sent to the email address you provided, so you need to keep that address up to date or notify us when the address changes. If any of your contact details and / or billing information change, you should notify us so we can update your account. You are also responsible for ensuring that we focus on this area. KirinVM is not included in any spam block lists used by you or your mail provider.
3.3 According to Article 2 of this agreement, providing any false or incorrect contact information may result in termination of your account.
3.4 You are responsible for all activities under your account. Therefore, it is highly recommended that you protect file, directory, and script permissions to the strictest settings. You agree that you have the technical capabilities to operate the website correctly and are responsible for any operations performed using your account, including but not limited to damage to your website, KirinVM website and / or device, and any other website.
3.5 As a customer, you should register with your real information. We have the right to examine your information or request any evidence. Filling in false information will result in your account being terminated and no refund will be given.
3.6 Due to OFAC restrictions, we do not accept orders from the following countries:
Cuba, Iran, Lebanon, Libya, Myanmar (Burma), North Korea, Somalia, Sudan, Syria
3.7 Most of our services are unmanaged services, we can only guarantee to respond to the support notice within 72 hours. Poorly managed customers should pay attention to this situation when applying for support tickets to ensure the reasonable use of our resources, otherwise we have the right to close your support account, but we do not want to do so. (A) Send a large number of the same support orders in turn; (b) Use offensive language; (c) Send spam and advertisements.
4. Intellectual property
4.1 Between you and KirinVM, KirinVM acknowledges that it does not claim ownership of the content (including but not limited to text, software, music, sound, audiovisual works, movies, photos, animations, videos and graphics) provided by you. website. You hereby grant KirinVM a non-exclusive, global, royalty-free license to benefit yourself and enable KirinVM to reproduce, produce, display, execute, use, and reproduce on the following sites, Broadcast and transmit your content to fulfill your obligations under this agreement. the Internet.
4.2 KirinVM may (but has no obligation to) provide you with certain materials related to the performance of the service, including but not limited to computer software (object code or source code form), data, documents or information developed or provided by KirinVM The vendors, domain names, email addresses, and other network addresses assigned to you in accordance with this Agreement, and other proprietary technologies, methods, equipment, and processes that KirinVM uses to provide services to you ("Host Materials"). In accordance with the terms of this agreement, KirinVM grants you a limited, revocable, non-transferable, and non-exclusive license to use only the host materials associated with the service. Upon termination of this agreement, the license will also terminate. Between you and Demeter you acknowledge and agree that KirinVM owns all rights, title and interest in the Hosting Materials, or otherwise obtained all licenses, and all copyrights, trade secrets, patents, trademarks and other intellectual property rights therein . After the termination of this agreement, the use of host materials is strictly prohibited, and the use of host materials is strictly prohibited. You agree that you may not upload, transfer, copy, distribute or use any host data obtained through the service in any way without the express written permission of KirinVM. Host material is not allowed, and host material is strictly prohibited. You agree that you may not upload, transfer, copy, distribute or use any host data obtained through the service in any way without the express written permission of KirinVM. Host material is not allowed, and host material is strictly prohibited. You agree that you may not upload, transfer, copy, distribute or use any host data obtained through the service in any way without the express written permission of KirinVM.
4.3 This agreement does not constitute a license to use the KirinVM trademark, service mark or any other trademark. The use of any brand name, service mark or any other trademark of KirinVM without KirinVM's prior written consent is strictly prohibited.
4.4 If we need help from a lawyer or other person to collect liquidated damages or any other money from you, or we need help from a lawyer to seek injunctive relief against you, or we need to file an ICANN complaint in order to transfer your URL in question to You, then you also agree that you will reimburse all costs incurred by us in collecting these liquidated damages or seeking injunctive relief or filing and prosecuting ICANN complaints.
4.5 You know that even nominal damages can cost a lot of legal expenses, travel expenses, legal expenses, and other expenses that may dwarf the damages of the breach. You agree that all of these fees will be paid.
5. DMCA Notification and Removal Policy
KirinVM (hereinafter referred to as "KirinVM") implements the following DMCA statement and deletion policy. KirinVM respects the intellectual property rights of third parties and expects others to do the same. As part of our efforts to recognize third-party copyright, KirinVM complies with the United States Digital Millennium Copyright Act ("DMCA") and is therefore protected by a limitation of liability recognized under 17 USC § 512; a provision commonly referred to as a "safe harbor" in the DMCA. KirinVM's infringement notification procedures, counter notification procedures, and removal policies are described below.
6. Notice of Infringement
6.1 Abuse warning
The DMCA allows copyright holders or their authorized agents to submit notifications to service providers (such as KirinVM) requesting the disabling or removal of infringing materials hosted on KirinVM servers. Importantly, the Digital Millennium Copyright Act (DMCA) makes false statements about people who abuse the infringement notification process, demonstrating material infringement or accidental deletion, which imposes heavy penalties, including court fees and attorney fees. See; 17 USC§512 (f). KirinVM will pursue those who abuse its DMCA notification or counter-notification procedures and will cooperate with law enforcement authorities in any investigation of such abuses. Before submitting a DMCA notice to one of our designated agents specified below, please ensure that you meet all eligibility.
6.2 Contents and procedures of the notice
If you believe that your work has been copied, reproduced, changed, or published, constituting a copyright infringement under federal law, or infringing your copyright, please submit a DMCA notice to KirinVM's designated copyright agent, including the following:
Electronic or physical signatures of an agent authorized to represent copyright or other intellectual property owners;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of the material you claim to be infringing on the KirinVM server (preferably including the specific URL associated with the material);
Your full name, address, phone number and email address;
Your statement that you sincerely believe that the disputed use is not authorized by the copyright owner, its agent or the law; and
The above information you declare is accurate and is your copyright or intellectual property owner, or is authorized to act on behalf of the copyright or intellectual property owner, and is punished for perjury.
A claimant may send a notice of claim infringement to:
Abuse of agent
Please do not send other queries or information to our designated agents.
7. Remove policies and procedures
KirinVM implements the following deletion policies and procedures. Upon receiving any notice of alleged copyright infringement, KirinVM will promptly take action to notify its customers of its alleged infringement and take steps to disable or delete the subject material. DMCA notices are usually processed within two (2) business days of receipt of the notice without any circumstances. KirinVM reserves the right to prohibit access or delete any substantive or expressive work accessible from its server or service on its server or service at any time based on a valid DMCA notice or based on the facts or circumstances of the infringing activity. KirinVM's firm policy is to terminate the accounts of duplicate copyright infringers in due course, and KirinVM will promptly take action in accordance with the procedures set out in 17 USC § 512 of the DMCA to delete all material that infringes the copyright of others. The procedures for notifying KirinVM of alleged copyright infringement are set out in Section 7.2 of this Agreement. If the Digital Millennium Copyright Act (DMCA) notification does not comply with DMCA§512, but substantially meets (3) the three requirements for identifying infringing works under DMCA§512, KirinVM should attempt to contact or take other reasonable steps to reach the complaining party in order to Help the party comply with the requirements for sending compatible DMCA notifications. As mentioned above, when a valid notification is received by KirinVM's designated agent, KirinVM will promptly take action to remove and / or ban access to the infringing material and shall notify the affected customers or subscribers. The affected customer or subscriber can then use the counter-notification procedures listed below to submit a counter-notification to a designated agent. KirinVM reserves the right to modify, change or add this policy, and all affected persons should return to this page regularly to keep informed of any changes.
. Counter-Notification Procedure
If the recipient of a notice requesting infringement (the "Notification") considers the notice to be false or false, and / or deletes / disables the allegedly infringing material in error according to the procedures outlined in Section III above, the recipient is permitted under 17 USC §512 (g) (2) and (3) File a counter notification. A counter notification is the correct way for a recipient to object to improper deletion or banned material based on the notification. The information provided by the recipient in the counter-notification must be accurate and truthful, and under 17 USC§512 (f), the recipient is responsible for any false statements contained in the counter-notification.
9.1 To initiate a counter notification, the recipient must submit the following information to KirinVM's designated copyright agent:
Specific instructions for material removed or banned as notified.
A description of where the material is in KirinVM or the content (preferably including the specific URL associated with the material) before the material is removed and / or disabled.
A statement reflecting the recipient's belief that deleting or banning material is wrong. For convenience, the following wording can be used:
"I swear, I sincerely believe that the referenced material has been deleted or disabled by the service provider due to an error or misidentification of the material provided. Deleted or disabled."
Declares that the recipient agrees to the jurisdiction of the recipient's jurisdiction and the Federal District Court under its jurisdiction, or if the recipient is outside the United States, agrees to any jurisdiction where the service provider can be found, and the recipient will accept Program services for the person providing the notification or the person's agent.
Recipient's physical address, phone number, and email address.
A counter notification can be sent to:
Abuse of agent
Please do not send other queries or information to our designated agents.
Upon receipt of a counter notification complying with the DMCA, our designated copyright agent will forward the counter notification to the original claimant, and the original claimant will first provide a notice to identify the allegedly infringing material
Within ten to fourteen (10-14) days after KirinVM receives a valid counter notification, KirinVM will replace or cease access to the disputed material unless KirinVM's designated agent receives the original claim. The person has filed a lawsuit seeking notice of a court order restricting the recipient from engaging in infringing activities related to materials on the KirinVM system or network.
9. Service Provider Customers of KirinVM
Some customers of KirinVM are themselves “service providers” within the meaning of 17 USC§512 (k) (1). Therefore, KirinVM requires that any DMCA notice related to the alleged infringement of a third party user, customer or KirinVM Service Provider customer subscriber be submitted directly to the customer's designated DMCA agent.
KirinVM reserves the right to modify, change or add the DMCA policy specified in Sections 6-10 above, and all users should check regularly for the latest such changes.
11. Zero Tolerance Spam Policy
11.1 You agree to abide by KirinVM's Anti-Spam Policy and incorporate this by reference as an integral part of this Agreement. It is strictly prohibited to use KirinVM's services for any illegal spam activities.
11.2 KirinVM reserves the right to modify the anti-spam policy at any time by posting the modified policy on its website. You agree to monitor the KirinVM homepage for any changes to the anti-spam policy. Your continued use of these services after the effective date of any changes to your anti-spam policy indicates that you intend to be bound by these changes.
12. Backup and data loss
12.1 You agree that your use of the Kylin Cloud Services shall be at your own risk, and Kylin Cloud shall not be responsible for any data loss related to its services. You are solely responsible for creating a backup of your content. If during our own routine maintenance we did create a backup of your content, and you later asked us to restore it to your account, we cannot guarantee that we will be able to do so, or that your content is not Can be compromised: initial data is lost or a subsequent restore process. For this reason, we strongly recommend that you establish your own routine backup process and regularly test the process of restoring files from backup media to ensure that you are doing a viable backup.
12.2 If you want KirinVM to provide you with regular backup services, please contact us in addition to the services provided by this agreement.
13. Resource Use and Security
13.1 KirinVM does not impose hard limits on the system resources of each account. We will not actively disable accounts until they significantly exceed acceptable usage levels. There are many activities that can cause such problems. These include: CGI scripts, FTP, PHP, HTTP, etc. KirinVM will recommend that you place a temporary block on any account that is found to be consuming a lot of system resources, so as to reduce the overall system performance.
13.2 Unless expressly permitted by law, you may not translate, reverse engineer, decompile, disassemble or make derivative works from the Website and / or Materials. You hereby agree not to use any automated devices or manual processes to monitor or copy this website or material, nor will you use any device, software, computer code or virus to interfere with or attempt to disrupt or disrupt our services and website or any communication in Above. If you do not comply with this provision of this Agreement, in addition to the monetary loss and other remedies available to KirinVM, you hereby agree to pay a $ 5000.00 liquidated damages and any and all costs associated with recovering these damages , Including attorney fees and fees.
13.3 Security prohibits any violation of the security of the Site and / or Services and may result in criminal and civil liability. Unauthorized access to the servers (hereinafter referred to as "servers") used to provide the site, services and / or information is strictly prohibited, which violates this agreement and the AUP agreement. You agree not to engage in such activities or attempt to disrupt or tamper with the server in order to alter or manipulate hardware and software, damage the server or any other unauthorized use, and is often referred to as a "hacker." In addition, you are prohibited from doing the following:
Any form of unauthorized access or use of data, systems or networks, including sites and / or services;
Unauthorized monitoring of data or traffic on any network or system without the explicit authorization of the system or network owner;
Unauthorized interference with the services of any user, host or network;
Introducing malicious programs (such as viruses and worms), including sites and / or services, onto a network or server;
Circumvent user authentication or the security of any host, network or account;
Promote your site to us in an abusive way using accounts from other providers.
The use of our services is intended to compromise the security of computers on our site or any other site or to tamper with system resources or accounts.
If you involve any breach of system security, we reserve the right to publish information about you to system administrators at other sites to assist in resolving security incidents, and we will also work with any law enforcement agency investigating criminals to violate the system or Network security. In addition, in accordance with Section 2 of this Agreement, we unilaterally decide to terminate your account for any reason that violates these security regulations.
13.4 Bandwidth Usage Your monthly bandwidth allowance is determined by the specific package you have registered. If your account exceeds your monthly allowance, you will be overcharged. In Hong Kong, the bandwidth utilization beyond the instance allocation is 0.3 USD per GB.
Please note: We still have the right to adjust prices without notice.
13.5 Fair Use Policy We provide specific services to our customers and define normal, fair and reasonable use as consistent use within any given billing cycle based on the KirinVM Virtual Private Server. We expect single component computers and entire client solutions to have a general usage model. If we determine in our sole discretion that a customer is not using the services defined in this Fair Use Policy, we may take steps to mitigate the negative impact on the service delivery system, including but not limited to the following:
Limit the data rate that clients may send and / or receive from a single computer to the entire solution level
Adjust price to standard bandwidth rate (depending on market)
Pause or terminate services to any or all client computers
14. Uptime Guarantee
14.1 KirinVM will provide you with a Service Level Agreement ("SLA") to guarantee certain availability of our services. If applicable, the terms of any such SLA are negotiated separately between you and us, and the SLA (if any) is hereby incorporated by reference as an integral part of this Agreement.
14.2 In order to be eligible for any credit on your account, you must follow specific procedures set out in the SLA to notify us of your desire for a credit. You understand and agree that failure to follow the procedures in the SLA within three (3) days of the triggering event will result in you waiving any right to credit.
14.3 Currently, KirinVM can only provide 90% of the SLA. If the SLA is below 90%, you can get half a month's compensation.
15. Price changes
The amount you pay for escrow will never increase for a specific period or time period when you sign up for our services. We reserve the right to change the prices listed on kirinvm.com at any time without notice and reserve the right to change the amount of resources provided to the program at any time. In addition, if we terminate this agreement for no reason in accordance with Article 2.2 of the agreement, you understand that if we agree to provide you with services in the future, the amount you paid in any of the previous terms or time periods cannot determine your amount and we should resubmit to You provide services. If you wish to take advantage of possible plans or price changes, it is your responsibility to check our website for plans or price changes. KirinVM will not automatically update your plan.
15. No warranty
You expressly agree that use of the Services is at your sole risk. These services are provided on an "all failure" and "available" basis. KirinVM expressly disclaims express or implied warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, ownership and non-infringement. Except as provided in paragraph 11, KirinVM does not guarantee that the service will meet your requirements, nor does it guarantee that the service will be uninterrupted, timely, secure or error-free. KirinVM does not guarantee the accuracy or reliability of any information obtained by the service or any defects in the software, and the hardware or services will be corrected. Any statements relating to such matters in promotional materials shall be considered advertising references and not guarantees. You understand and agree that any use and consequence of any material and / or data downloading or otherwise obtained as a result of using the Service shall be borne by you, and you shall bear any damage to the computer system or the system responsibility. Data loss resulting from the download of such materials and / or data.
KirinVM may provide you with third-party goods, services and / or software that are not part of the Services ("Third Party Services"). KirinVM has no control over the content of third-party services. You do so at your own risk and use the terms and conditions of a separate agreement between you and the third party.
KirinVM does not make any guarantee for any goods or services purchased or obtained through the service or any transactions conducted through the service.
Any verbal or written advice or information you obtain from KirinVM or through the Service does not constitute any warranty, whether implied, prohibited or otherwise, including but not limited to any marketing or promotional materials describing our services on the Service .
Unless otherwise agreed, KirinVM will not back up your site as part of the service. Therefore, we encourage you to back up your website in the usual way.
15. Limitation of Liability
You are solely responsible for the proper functioning of your website and / or the conduct of your business under your control and all other matters. Under no circumstances shall KirinVM be responsible for any damages caused by or related to the operation of your website and / or business or the failure to operate your website and / or business.
This section applies to you or your end-users ignoring any cause of action arising from this claim, including but not limited to breach of contract, infringement, including but not limited to negligence, strict liability, fraud and / or misstatement.
Regardless of the type of claim or the nature of the cause of the lawsuit, you agree that in any event, KirinVM, our affiliates, contractors, contractors, service providers, employees, agents or licensors, or participate in the creation, production or No other party will deliver the service, the service or the content provided on the service (hereinafter referred to as the "affiliate") shall be responsible to you in any way: (A) any decision you take on the information provided, take or not Actions taken services; (B) data loss or inaccuracy, or replacement costs for the purchase of goods, services or technologies; (C) for any indirect, special, incidental, consequential or punitive damage, including but not limited to revenue Loss, loss of profit or reputation, business interruption or similar behavior,
The total and maximum liability of KirinVM and its affiliates arising out of or in connection with this Agreement (irrespective of the form of the lawsuit or claim) is limited to any reason for the amount or reason for your payment to KirinVM within six (6) months.
16.1 Payment for services shall be made before the time period covered by the payment. Unless and until you follow KirinVM's cancellation procedures set out in this agreement, the service will automatically be charged repeatedly.
16.2 Unless you negotiate with us separately and confirm through a separate written agreement, the initial and recurring fees for the service you choose should be the same as stated in the initial online order form. All start-up and special programming fees are non-refundable. Service charges need to be paid in advance. Failure to pay the service fee on time may result in suspension or termination of the service.
16.3 When registering, you must choose a payment method. KirinVM reserves the right to sign a contract with a third party to process all payments. Such third parties may impose additional terms and conditions that govern payment processing. If you do not pay all the fees when due, your account will be considered expired. For any overdue fees, KirinVM will charge you interest at 1% and 3% (3%) of the monthly unpaid amount, or the highest interest rate permitted by applicable law, until payment is completed.
Wednesday, February 12, 2020