Welcome to TotHost Solutions and Technologies Company Limited ("TotHost", “TH”, "We" or "Our" in cases). Please read carefully all the Terms and Conditions before using or registering anything on this Site. By using the Website and services described at www.tothost.vn, you (“Customer”, “User”) agree with the content of this Agreement of the Terms and Conditions ("THT" hereinafter). If you don’t agree, please stop accessing and using our services on the Site.
Pursuant to our actual business activities and Vietnam laws, we shall amend, update, supplement or eliminate a part or all the content of THT without notice to you, but we shall publish the changes on our Website. TotHost will notify you of changes to the terms when necessary, but it is the responsibility of the Customer to regularly check the content and strictly comply with this regulation.
In certain situations, if one or some terms of the Service conflict with the laws and are announced to be invalid by the Court, that or those terms shall not be applied validly and shall be modified in accordance with current laws while the rest of THT shall be effective as before.
2. Proper Usage Only
Customers are not allowed to use TotHost's services to perform acts that violate the laws of the Socialist Republic of Vietnam and international regulations applicable in Vietnam.
The customer is responsible for the published content and purposes of the services directly used by the customer at TotHost.
Customer may not interrupt and disturb the Service or others using the Service, servers or networks connected to the Service; failure to comply with the requirements, procedures, policies or regulations of the network connected to the Service.
Spamming is strictly prohibited; any client found doing so will have their services immediately terminated. TotHost reserves the right in determining the validity of a spamming complaint.
Resource Abuse: Any abuse of resources, intentional or not, may result in your account being suspended or terminated.
Other Activities: Engaging in activities whether lawful or unlawful that TotHost determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
Client that executes or suffers from other attacks may be suspended or terminated.
Prohibited Content in TotHost:
- Adult/pornographic content or content which is prohibited by local law.
- Virus, Worm, Trojan Horse or any other form of destructive content.
- Copyrighted content: Client will be allowed 24 hours to respond to the complaint, failing which the service may be suspended until further communication. Repeated copyright complaints will result in termination of the service.
3. Payment and Renewals
TotHost makes payment notification via email and gives an appropriate time limit for Customer to make payment.
It is the customer's responsibility to follow up on payment notifications and make payments on time.
The service is automatically registered or renewed when TotHost receives payment for all service fees.
TotHost will not be liable and indemnify for any consequences, interruptions, damages arising from your failure to comply with these provisions.
4. Customer’s Rights and Obligations
As a customer, you have all the rights and obligations as a service user in accordance with Vietnam civil and commerce laws, and related regulations.
Customers need to provide complete and accurate contact information when registering or updating contact information with TotHost.
Necessary contact information includes full name, address, email, phone number and copy of identity card or passport (for individual customers or corporate representatives), email customer service to provide business license number for customers who are companies or organizations.
Customers directly in charge of managing and maintaining the rights of using the Services, being liable for any consequences arising from your regulation-breaking or management, as well as providing full and accurate information of other entities accepted to access the Services by you within 07 days from the date of receiving requirement.
Customers and their authorized staff have to keep the password and account information secret and confidential, and be responsible for all actions through using the password and account.
5. TotHost’s Rights and Responsibilities
As a service provider, TotHost has all the rights and duties of the service provider under the Civil and Commerce Laws, and other relevant regulations.
TotHost commits to supporting Customers during the time period of using our products and services. All your rights and duties shall be based on your registered account information, therefore, for any inaccurate information, TotHost shall not bear any responsibilities arising from your inaccurate information, which influences and restricts your rights, and shall not proactively adjust the information provided by you.
TotHost has the right to suspend or unilaterally terminate the service contract in the following cases:
- Customers violate proper usage terms in this THT while using our services and products.
- If Customers do not renew the Services and not pay all the overdue fees to TotHost within 15 days, from the expiration date.
TotHost agrees to receive and solve the complaints about products and service quality of the Customers using our products and services. However, TotHost only receives, supports, and solves the cases which the Customers show full, accurate and honest information.
6. Service Suspension and Termination
Before the Service ends, the Customer will be responsible for moving/removing all of your data on TotHost server as we will NOT transfer or execute FTP for all of your data. If your data or website data have not been transferred and still remain within our system by the time you stopped using out services, all said data will be automatically deleted and will have no backup file.
For Trial and Free services: When the Customer/User stops using these services, all relevant products and services, including any data, will be removed or evicted.
TotHost respects your privacy, and makes a commitment to keeping your personal information secret and confidential. TotHost is committed to only using customer contact information for the purpose of managing account holder verification. In case it is necessary to provide customer information to the authorities, TotHost will request the authorities to provide the relevant legal documents and coordinate with the customer.
8. Limited Liability and Non-Guarantee
TotHost shall not guarantee to eliminate harmful factors which influence on your service use, including but not limited to any violations and damages from a third party or viruses. We shall not guarantee to provide the Services without any errors, problems, malfunction or other influences.
TotHost shall not guarantee to recover or remove viruses and malware when errors occur. Customers agree to back-up all your data on TotHost server yourself, especially at the time you request for technical support. TotHost shall not bear any responsibilities to any data loss and related damages.
You agree and acknowledge that although TotHost has its backup mechanism, it solely serves TotHost in technical problems, infrastructure issues, and damages i.e. this is not designed for providing you with backup copies. Therefore, you are responsible to periodically secure and back up your own data on TotHost servers or offline, which you may manually manipulate through the provided tools (cPanel or FTP). We cannot and take no responsibility for any loss, damage or other liability in connection to your data.
You will agree that TotHost will be kept safe and will not subjected to any proceedings, lawsuits, damages and fee, including and not limited to, court fees, attorney’s fee, consultants’ fee that might arise out of any infringement caused by you when using our services.
You agree that under no circumstances that we, TotHost, will be held responsible for any damages or consequences arising from (including, and not limited to, damages to profits, reputation, data usage or any direct and indirect losses (even when we have taken action to advice you about the possibilities of such)):
(i) the services and documents that belongs to TotHost;
(ii) the availability/unavailability of our services;
(iii) any unauthorized access or modification to the data or information that you have transmitted;
(iv) any action done by a third party on said services;
(v) any products or messages that were sent or received by using our services; or
(vi) any other issues that related to our services, documents and products.
9. Free Services
By following the laws and depending on market needs, TotHost shall provide Customers with one or multiple free services. The range of free services shall be decided by TotHost.
TotHost shall maintain the rights to amend, update, supplement or eliminate the free services based on its own discretion.
10. Final terms
We guarantee that all displayed policies and terms are created in order to protect the rights of all users with good faith, and to ensure that our services will maintain good quality and high reliability while preventing any abusive unlawful acts.