VP Infotech Co., Ltd., operating under the name VisperHost.Net and/or VisperHost (hereinafter referred to as the “Service Provider” or the “Company”), has established these Terms and Conditions of Service to define the rights, duties, and responsibilities between the Service Provider and any individual or legal entity that accesses, subscribes to, orders, uses, or receives services from the Service Provider, whether directly or indirectly (hereinafter referred to as the “User”).

In these Terms and Conditions, “User” means a natural person, legal entity, agent, authorized representative, or any person who accesses, registers, subscribes, orders, or uses services through the website, system, or any other channel of the Service Provider.

By subscribing to, accessing, using, or performing any action through the system or website https://client.visperhost.net (hereinafter referred to as the “Website”), the User shall be deemed to have read, understood, acknowledged, and agreed to be bound by these Terms and Conditions of Service, including any policies, regulations, notices, or other requirements that the Service Provider may additionally impose or amend from time to time, with details as follows.

1. Acceptance of the Terms and Conditions

Accessing, using, registering, ordering services, or performing any action through the Service Provider’s website shall be deemed that the User has read, understood, and agreed to be bound by these Terms and Conditions of Service, including any policies, notices, and other requirements that the Service Provider imposes or amends from time to time.

If the User does not accept these Terms and Conditions in whole or in part, the User must immediately cease accessing and using the Service Provider’s website or services. Continued use of the website or services shall be deemed acceptance of and agreement to be bound by such Terms and Conditions.

The Service Provider reserves the right to amend, change, add to, or cancel these Terms and Conditions of Service, whether in whole or in part, at any time, by notifying the User through the website or other channels as the Service Provider deems appropriate. Continued access to or use of the services by the User after such amendments shall be deemed that the User has accepted and agreed to be bound by the amended Terms and Conditions.

2. Information About the Service Provider

VisperHost.Net, operated by VP Infotech Co., Ltd., is a provider of infrastructure and solutions for services delivered over the internet, including but not limited to Virtual Private Server (VPS), Web Hosting, Dedicated Server, and Cloud Hosting services, as well as services and solutions related to the storage, processing, and dissemination of data through computer network systems.

The Service Provider delivers its services by relying on standardized information technology infrastructure and Data Centers to support the use of the services by Users in accordance with the conditions and scope of service specified on the website or related documents.

3. Service Agreement of VisperHost.Net

3.1 Types of Services

The Service Provider provides information technology infrastructure and solution services, including but not limited to the following services:

3.1.1 Cloud VPS Service

3.1.2 Cloud VPS Forex Service

3.1.3 Web Hosting Service

3.1.4 Reseller Hosting Service

3.1.5 Dedicated Server Service

3.1.6 Game Hosting Service

3.1.7 Domain Registration Service

3.1.8 Domain Transfer Service

3.1.9 Sale of Software License rights

3.1.10 Colocation Service

The details, scope, features, and specific conditions of each service shall be as announced or specified by the Service Provider on the website or related documents.

3.2 Lawful Use of the Services

The User agrees to use the Service Provider’s services lawfully and shall not use the services for any unlawful purpose, contrary to public order or good morals, or in violation of the rights of others.

The Service Provider reserves the right to refuse, suspend, or cancel the provision of services to any User whose conduct, or where there is reasonable cause to believe, involves such use of the services, without any prior notice being required.

4. Data Backup

Although the Service Provider may provide a Backup Service, whether free of charge or at an additional cost, the User acknowledges and agrees that such service is merely a supplementary service to facilitate the User only.

The User is solely responsible for regularly backing up all of their own data, programs, databases, and important information, and must verify the accuracy and completeness of such backup data themselves.

The Service Provider does not guarantee that data backups will be performed continuously, completely, without error, or that data can be fully recovered in all cases.

To the maximum extent permitted by law, the Service Provider shall not be liable for any loss, damage, data loss, loss of business benefit, or any indirect damage arising from the loss, damage, or inability to recover data, for any reason whatsoever, except where such damage results from the willful misconduct or gross negligence of the Service Provider.

5. Resale of Services

The Service Provider permits the User to sell, lease, license, or resell services to third parties only for services that the Service Provider designates or announces as permitted for sale or resale (“Resale Services”).

In these Terms, “Reseller Customer” means a natural person, legal entity, or any organization that receives services from the User arising from the User’s sale, lease, licensing, or resale of the Service Provider’s services, whether in whole or in part. A Reseller Customer is not considered a direct party to a contract with the Service Provider and has no right to claim, receive services from, or enforce any contract against the Service Provider, unless the Service Provider agrees otherwise in writing.

In the event the User sells or resells services, the User agrees to be solely responsible for managing user accounts, providing basic technical support, billing, receiving complaints, and coordinating with Reseller Customers.

Requests for technical support, problem reports, or contact regarding services with the Service Provider must be made only by the User who is a party to the contract with the Service Provider, or an authorized representative designated by the User. The Service Provider has no duty to serve, support, or assist Reseller Customers directly.

The User remains responsible for all use of the services occurring under their account, including the actions of Reseller Customers, users, assignees, employees, agents, or any person granted the right to access or use the services from the User, as if they were the actions of the User themselves.

The User must ensure that Reseller Customers also comply with these Terms and Conditions.

If a Reseller Customer or such person acts in violation of the Terms and Conditions of Service, the Service Provider has the right to take the measures specified in these Terms, including suspending the service, suspending the user account, or canceling all or part of the service immediately, without being liable for any damage that may occur to the User or the Reseller Customer.

6. Acceptable Use Policy

The User agrees not to use the Service Provider’s services in a manner that is unlawful, violates these Terms and Conditions, or affects the security, safety, efficiency, or continuity of the services of the Service Provider, other Users, or third parties.

The User must not use system resources beyond the scope of normal usage, or in a manner that imposes a significant burden on the system, including but not limited to the use of CPU, Memory, Storage, Disk I/O, Network, Port, Process, or Bandwidth at a level that affects the stability, security, or provision of services to other Users.

Unauthorized use includes but is not limited to:

(a) Publishing, storing, transmitting, or providing information, content, goods, services, or activities that are unlawful, including illegal gambling, narcotics, money laundering, fraud, support of terrorism, or offenses under computer law or other related laws.

(b) Publishing, storing, or transmitting information that is false, defamatory, threatening, harassing, violates privacy rights, or causes damage to others.

(c) Infringing copyrights, trademarks, patents, trade secrets, or other intellectual property rights of any person, including publishing or providing pirated software, copyright-infringing programs, or unlawful information.

(d) Sending spam email, unsolicited bulk email, or conducting any activity that affects the reputation of the network, system, or IP Address of the Service Provider.

(e) Publishing, storing, installing, or providing viruses, malware, trojans, ransomware, spyware, backdoors, botnets, or any other software designed to cause damage, gain unauthorized access to systems, or circumvent security measures.

(f) Accessing, attempting to access, testing, hacking, scanning for vulnerabilities, sniffing, packet capturing, or interfering with any system, network, or service without explicit authorization.

(g) Using the services to carry out, support, or engage in attacks on computer systems or networks, such as DDoS, DoS, Brute Force, Phishing, Spoofing, Credential Stuffing, Botnet, or similar activities.

(h) Using the services to operate or support Peer-to-Peer (P2P) systems, Torrent Trackers, File Sharing Networks, Torrent Clients, TorrentFlux, or any other service that the Service Provider deems may cause inappropriate use of system resources, or pose risks to legal compliance, security, or system stability.

(i) Using the services to collect, disclose, trade, transfer, or process personal data in violation of relevant laws, or without lawful right.

(j) Using false information, falsifying data, creating multiple user accounts, or taking any action to circumvent restrictions, security measures, or requirements of the Service Provider.

(k) Taking any action that may cause damage, liability, legal risk, or reputational harm to the Service Provider, the network system, other Users, or third parties.

The User is solely responsible for the data, content, programs, systems, websites, applications, or any activities stored, published, or carried out through the Service Provider’s services. The Service Provider has no duty to inspect, control, or certify the accuracy, appropriateness, or legality of such data.

The Service Provider has the right, but not the obligation, to inspect, suspend access, delete, block, limit resources, migrate systems, suspend user accounts, or take any other reasonable action if the Service Provider has reasonable cause to believe that the User has violated these Terms and Conditions, relevant laws, government orders, or may cause damage to the Service Provider, third parties, or the network system.

In the event of a violation of the provisions in this clause, the Service Provider has the right to suspend or cancel all or part of the service immediately, without prior notice being required, and the User remains liable for all damages, expenses, fines, attorney fees, or legal liabilities arising from such actions.

The Service Provider reserves the right to cooperate with government agencies, law enforcement agencies, courts, or authorities with legal power, in disclosing information, delivering information, or taking any action as required by law.

7. User Accounts and Security

7.1 Account Registration

Subscribing to the Service Provider’s services may require the User to create an account by providing accurate, complete, and up-to-date information, including information requested by the Service Provider for identity verification, contact, and service provision.
The User warrants that the information provided to the Service Provider is true, accurate, complete, and not false or misleading to the Service Provider or third parties.

7.2 Account Security

The User has a duty to keep confidential their Username, Password, Authentication Credentials, and all account access information, and must take appropriate measures to prevent unauthorized access.
Any action, use, command, or transaction carried out through the User’s account shall be deemed the action of the User themselves, unless the User can prove that such use resulted from a defect in the system under the responsibility of the Service Provider.

7.3 Notification of Unauthorized Use

If the User becomes aware or has reasonable cause to suspect that their account, password, or account access information has been disclosed, lost, stolen, or used without authorization, the User must notify the Service Provider immediately and change their password or take other appropriate security measures.

7.4 Right to Inspect, Suspend, and Cancel Accounts

The Service Provider has the right to suspend, restrict the use of, refuse to serve, or cancel a user account in whole or in part if facts appear or there is reasonable cause to believe that:
(a) The User provided false, inaccurate, incomplete, or outdated information.
(b) The User violated these Terms and Conditions of Service.
(c) The User used the services in an unlawful manner, or in a manner that may cause damage to the Service Provider, other Users, or third parties.
(d) The User took any action affecting the security, stability, or provision of services of the system.
(e) The Service Provider received an order from a government agency, court, or authority with legal power.
The Service Provider may take such action without prior notice in cases of urgency, security concerns, or where the Service Provider deems that prior notice may cause damage to the system or other persons.

7.5 Responsibility for User Accounts

The User must be responsible for all use occurring under their account, including the actions of employees, agents, Reseller Customers, authorized representatives, or any person the User permits to access or use the services.

8. Website Usage Rights and Intellectual Property

8.1 Subject to these Terms and Conditions, the Service Provider grants a limited, non-exclusive, non-transferable, and revocable right to access and use the Service Provider’s website, systems, and services solely for the ordinary purposes of using the services.

8.2 Trademarks, service marks, trade names, logos, software, systems, documents, manuals, information, images, text, designs, and any other intellectual property appearing on the website or related to the services (collectively referred to as “Intellectual Property”) are the property of the Service Provider or the relevant rights holders, and are protected under applicable intellectual property laws.

8.3 The User agrees not to copy, reproduce, modify, publish, sell, lease, license, reverse engineer, decompile, disassemble, or exploit the Service Provider’s Intellectual Property, whether in whole or in part, unless prior written consent is obtained from the Service Provider.

8.4 The User shall not take any action that may disrupt, affect, or burden the website, systems, or infrastructure of the Service Provider, including the use of automated programs, Crawlers, Robots, Spiders, Scrapers, or any other technology to access, retrieve, or copy data from the website without authorization from the Service Provider, except for access by generally authorized standard search engines.

8.5 The User may create links to the Service Provider’s website, provided that it does not create the understanding that the Service Provider endorses, supports, or is associated with the User’s website, products, or services, unless written consent is obtained from the Service Provider.

8.6 The Service Provider reserves the right to amend, improve, suspend, or cancel the website, systems, or services in whole or in part at any time, and the Service Provider shall not be liable for any damage arising from such action, unless otherwise required by law.

9. Payment Notifications and Service Expiration

9.1 The Service Provider may send advance notifications of service payment before the due date via email, the client system, or the contact channel provided by the User. The User has a duty to check the status of the service, the service payment due date, and to keep their own contact information up to date. Failure to receive a notification shall not release the User from the duty to pay the service fee.

9.2 In the event the User has chosen to use the automatic service renewal system (Auto-Renewal), or has consented for the Service Provider to charge service fees through a supported payment channel, the Service Provider may charge the service fee before the service renewal due date within the period specified by the Service Provider. The User has a duty to verify the accuracy of payment information, the sufficiency of credit limit, or the balance available for service payment themselves.

9.3 If charging the service fee through the automatic renewal system is unsuccessful for any reason, the Service Provider may re-attempt the charge, send notifications, or suspend the service in accordance with these Terms and Conditions. The failure of the automatic charge shall not release the User from the duty to pay the service fee.

9.4 The User may cancel the service or disable automatic renewal through the client system, or through channels designated by the Service Provider, at any time. Such cancellation shall not result in a refund of service fees, charges, or any expenses already paid, unless otherwise specified in the Service Provider’s refund policy, and shall not affect any service fees or obligations incurred before the cancellation takes effect.

9.5 If the User fails to pay the service fee within the specified period, the Service Provider has the right to suspend all or part of the service immediately, or within the period specified by the Service Provider, without further prior notice being required.

9.6 After the expiration, cancellation, or suspension of the service, the Service Provider may retain the User’s data for a certain period in accordance with the Service Provider’s internal policy, for purposes of system management, security, legal compliance, or other reasonable business reasons. The Service Provider has no duty to retain such data indefinitely, and may delete all or part of the data at any time.

10. Service Level Agreement

10.1 Uptime Commitment

The Service Provider establishes a Service Level Agreement (SLA), guaranteeing service availability (Uptime) of no less than 99.9% (99.9 percent) per calendar month, for services under the SLA, namely services under clauses 3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.5, 3.1.6, and any other service additionally announced by the Service Provider in writing or through the Service Provider’s website.

Services under clauses 3.1.7, 3.1.8, 3.1.9, and 3.1.10, including other services in the nature of registration, transfer, sale of usage rights, or services over which the Service Provider does not have full control of system operation, are not covered by the Uptime guarantee under this clause, unless the Service Provider announces otherwise.

Uptime shall be calculated from the period during which the service is actually usable compared to the total period in that calendar month, subject to the conditions, exceptions, and limitations specified in this Service Level Agreement.

Calculation Formula

Uptime (%) = ((Total Time – Time Service Unavailable) ÷ Total Time) × 100

The calculation of Uptime, the measurement of the period during which the service is unavailable, the classification of events covered by or exempt from the SLA, as well as the determination of the right to receive compensation credit, shall be in accordance with the Service Provider’s System Logs and technical data, which shall be deemed the primary reference, unless the User can demonstrate otherwise.

The Service Provider reserves the right to improve, amend, or change the method of calculating Uptime, measurement criteria, or details of the SLA as appropriate, by notifying the User through the website or channels the Service Provider deems appropriate. Such changes shall not have retroactive effect on rights arising before the date of the change.

10.2 Exceptions in SLA Calculation

Periods during which the service is unavailable in the following cases shall not be counted as Downtime under the SLA:

(a) Scheduled Maintenance or Emergency Maintenance for which the Service Provider has given the User reasonable prior notice, or notice promptly afterward in emergency cases.

(b) Force Majeure, meaning any event or circumstance beyond the reasonable control of the Service Provider, which the Service Provider could not prevent, avoid, or remedy even with reasonable care, including but not limited to natural disasters, storms, floods, fires, lightning, earthquakes, volcanic eruptions, epidemics or public health emergencies, war, invasion, terrorism, sabotage, riots, political unrest, protests, strikes, blockades, orders, requirements, or measures of government agencies, as well as any other event of a similar nature beyond the reasonable control of the Service Provider.

(c) Errors, actions, or omissions of the User, Reseller Customer, or persons the User permits to access the services, including incorrect system configuration, installation of problematic software, use of resources beyond the specified scope, or use in violation of the Terms and Conditions of Service.

(d) Disruption, service interruption, or performance degradation of systems, networks, or services of third parties beyond the control of the Service Provider, including but not limited to Internet Service Providers (ISPs), DNS providers, Data Center providers, cloud providers, network providers, electricity providers, or other infrastructure providers.

(e) Cyberattacks, DDoS attacks, malware or ransomware outbreaks, unauthorized system access, or any other information security incident beyond the reasonable control of the Service Provider, or exceeding the reasonable protection standards provided by the Service Provider.

(f) Suspension, restriction, or shutdown of the service resulting from the User’s violation of these Terms and Conditions of Service, or to prevent damage to the system, security, or other Users.

10.3 Service Extension Compensation

If the Service Provider is unable to maintain the Uptime level specified in clause 10.1, and such disruption results from the Service Provider’s own systems or operations, the User has the right to receive an extension of the service period of the affected service in lieu of receiving compensation credit.

The service extension period shall be calculated from the period of Downtime covered by the SLA, whereby the Service Provider shall extend the service period by an amount of 2 times the said period of service unavailability.

In calculating the service extension period, any fraction of a day or fraction of an hour, of any amount, shall be rounded up and counted as 1 (one) full day.

Calculation Examples

Service unavailable 1 hour, service extension 2 days

Service unavailable 12 hours, service extension 2 days

Service unavailable 1 day, service extension 2 days

Service unavailable 1 day 3 hours, service extension 4 days

10.4 Method of Requesting Service Extension Compensation

The User must submit a request for service extension compensation within 15 (fifteen) calendar days from the end of the month in which the incident occurred, through the channel designated by the Service Provider, specifying at least the following details:

(a) User account name or customer number

(b) The affected service

(c) Date, time, and details of the disruption

The Service Provider will inspect the information as appropriate, and if it is found upon inspection that the User is entitled to service extension compensation, the Service Provider will extend the expiration date of the affected service in accordance with the criteria specified in clause 10.3 within a reasonable period.

The right to receive service extension compensation under this clause is a personal right of the User, and cannot be transferred, changed, exchanged, or claimed as cash, credit refund, or compensation in any other form.

11. Acknowledgment of the Nature of Services, Warranties, and Limitation of Liability

11.1 The User acknowledges and agrees that hosting services, servers, network systems, the internet, software, and all types of information technology services may experience disruptions, delays, interruptions, errors, or unforeseeable events from time to time, which is a normal characteristic of technology service provision.

11.2 The Service Provider will exercise reasonable care and professional standards in providing services and maintaining systems. However, the User acknowledges that the Service Provider cannot guarantee that the services will be usable continuously, without error, without interruption, or without every technical risk.

11.3 Except as expressly provided in the Service Level Agreement (SLA) or as otherwise required by law, all services are provided on an “As-Is” and “As-Available” basis.

11.4 The User is responsible for backing up data, maintaining data security, configuring systems, and using the services in accordance with the law and these Terms. The Service Provider is not liable for the loss, damage, or incompleteness of data, except where it results from the willful misconduct or gross negligence of the Service Provider.

11.5 To the maximum extent permitted by law, the Service Provider shall not be liable for indirect damages, consequential damages, loss of profit, revenue, business opportunity, commercial reputation, loss of customers, or loss of data, arising from or in connection with the use of or inability to use the services, except where it results from the willful misconduct or gross negligence of the Service Provider.

11.6 In the event the Service Provider is legally liable for any reason, the total maximum liability of the Service Provider to any one User shall not exceed the amount of service fees actually paid by the User for the service that is the cause of the claim during the 3 calendar months prior to the date the cause of the claim arose.

11.7 The User agrees that service extension compensation under the Service Level Agreement (SLA) is the sole and exclusive remedy for cases where the service does not meet the service level guaranteed by the Service Provider. The User has no right to claim damages, loss of benefit, loss of opportunity, or any other damages arising from or in connection with the service not meeting the SLA, beyond the right to receive such service extension compensation.

The limitation of rights under the preceding paragraph shall not apply where the damage results from the willful misconduct or gross negligence of the Service Provider, or where the applicable law provides otherwise such that liability cannot be excluded or limited by agreement.

12. Refund Policy

12.1 General Principles

The Service Provider has no policy to refund service fees, charges, or any expenses already paid by the User, unless otherwise specified in these Terms and Conditions, or approved by the Service Provider on a special basis at the Service Provider’s discretion.

12.2 Cases That May Be Considered for a Refund

The User may be considered for a refund on a case-by-case basis if the Service Provider is unable to provide the service in accordance with the essence of this agreement, arising from the Service Provider’s own fault, and the Service Provider is unable to fix or remedy such problem within a reasonable period.

12.3 Cases Not Eligible for a Refund

The User is not entitled to a refund in the following cases:

(a) The User changes their mind, no longer wishes to continue using the service, or cancels the service for personal reasons.

(b) The User did not use the service, or did not use the service for the full period purchased.

(c) The Service Provider suspends, restricts, or cancels the service as a result of the User’s violation of the Terms and Conditions of Service.

(d) Disruptions falling under the SLA exceptions or force majeure as specified in this agreement.

(e) Domain registration fees, domain transfer fees, software fees, license fees, or any other service fees that the Service Provider has already paid to third parties.

12.4 Method of Requesting a Refund

The User must submit a refund request through the email [email protected] or Line Official Account @visperhost, together with relevant details and evidence, within 30 (thirty) days from the date the incident occurred. If this period lapses, the User shall be deemed to have waived the right to request a refund for that incident.

12.5 Refund Consideration

The Service Provider will consider refund requests in good faith based on the facts, evidence, and provisions of this agreement. The approval or rejection of a refund request shall be at the Service Provider’s discretion under reasonable criteria.

12.6 Refund Amount

In the event the Service Provider approves a refund, the maximum refund amount shall not exceed the service fee paid by the User for the service and period directly affected. This does not include transaction fees, third-party fees, taxes, domain registration fees, software license fees, or other expenses that the Service Provider has already paid or is obligated to pay.

12.7 Relationship with the SLA

Service extension compensation under the Service Level Agreement (SLA) does not constitute a refund, and cannot be exchanged, converted into cash, or used as grounds for claiming a refund, unless the Service Provider specifies otherwise in writing.

13. Violation of the Terms of Service, Suspension, and Cancellation of Service

13.1 If the User violates these Terms and Conditions, related policies, applicable law, or takes any action that the Service Provider reasonably deems may cause damage, liability, security risk, or impact to the system, network, other Users, or the Service Provider, the Service Provider has the right to use one or more of the following measures together as appropriate.

13.2 The measures under clause 13.1 may include but are not limited to:

(a) Warning to correct or cease the violating action.

(b) Restricting usage rights in part or in whole.

(c) Temporarily suspending the service.

(d) Suspending access to the user account.

(e) Deleting, suspending, or blocking data, content, websites, or services related to the violation.

(f) Permanently canceling the service or closing the user account.

(g) Taking legal action, claiming damages, or exercising any other right under the law.

13.3 In the event the Service Provider exercises the right to suspend or cancel the service due to the User’s misconduct, the User is not entitled to claim a refund of service fees, charges, or any expenses already paid, whether in whole or in part, including prepaid service fees, unless the applicable law provides otherwise.

13.4 The Service Provider may take action under this clause without prior notice in cases of urgent necessity to prevent damage to the system, security, network, other Users, or to comply with the law, court orders, or orders of government agencies.

13.5 The Service Provider’s exercise of rights under this clause shall not be deemed a waiver of the right to claim damages, fines, expenses, or any other right the Service Provider has under law or contract.

13.6 The consideration of measures under this clause shall be carried out by the Service Provider based on the facts and circumstances that appear, in good faith. This shall not affect the rights of the parties under applicable law.

14. Affiliate Program

14.1 Definitions

In this clause, “Affiliate Participant” (Affiliate) means a User or person approved to participate in the Service Provider’s affiliate marketing program to recommend or refer customers to the Service Provider through an Affiliate Link, with the right to receive compensation under the specified conditions.

“Referred Customer” means a person who subscribes and pays for a service for the first time, genuinely accessing the Service Provider’s website through an Affiliate Participant’s referral link, and who is a new customer and not an existing customer of the Service Provider.

14.2 Principles of Compensation Payment

The Service Provider will pay compensation only when the referral is a “genuine new customer referral,” meaning bringing a new customer who had no prior intention of purchasing the service to the Service Provider, through recommendation, review, content publication, or marketing channels that comply with these Terms.

Compensation will be paid only for services that the Service Provider designates as being within the affiliate program, and will not be paid for domain registration fees, domain transfer fees, software license fees, SSL fees, or other service fees that the Service Provider announces as excluded.

14.3 Prohibited Promotional Channels and Methods

The Affiliate Participant agrees not to use the following methods to obtain compensation, and the Service Provider has the right not to pay, to suspend, or to reclaim compensation obtained through these methods:

(a) Websites or channels that focus on providing coupons, discount codes, cashback, or discount deals.

(b) Bidding on search terms / running ads (PPC / Search Ads) using the brand names “VisperHost,” “VisperHost.Net,” the Service Provider’s trademarks, trade names, or terms that are similar, misspelled, or appended to such terms, unless written permission is obtained.

(c) Self-Referral, using one’s own referral link to order services for oneself, or for persons one controls or shares benefits with.

(d) Cookie Stuffing, embedding or loading referral links through iframes, hidden images, scripts, browser extensions, or any method that causes referral cookies to be recorded without the user genuinely intending to click that link.

(e) Attribution Hijacking, using any method to obtain referral credit from customers who already intended to purchase the service, or who already access the Service Provider through other channels.

(f) Sending spam email, repetitive advertising, or promotion in a manner that is unlawful or causes nuisance.

(g) Using promotions, discount codes, or promotional materials that the Service Provider has not prepared or explicitly authorized for use.

14.4 Cookies and Referral Attribution

The recording and calculation of referrals shall be in accordance with the Service Provider’s System Logs and technical data, which shall be deemed the primary reference in considering the right to receive compensation, unless the Affiliate Participant can demonstrate otherwise.

The Service Provider may determine that orders using public discount codes or coupons do not give rise to the right to receive compensation.

14.5 Verification Period and Payment of Compensation

Compensation shall not be deemed due until the Maturity Period specified by the Service Provider has elapsed, and the Referred Customer is still using the service and has not canceled or requested a refund within such period.

In the event of a transaction the Service Provider deems suspicious, the Service Provider has the right to suspend or delay the payment of related compensation until the verification is complete.

14.6 Service Provider’s Rights to Inspect, Suspend, and Reclaim

The Service Provider has the right to inspect the activities of the Affiliate Participant at any time, and if it appears or there is reasonable cause to believe that the Affiliate Participant has violated the provisions in this clause, the Service Provider has the right to take one or more of the following actions together, without prior notice:

(a) Refuse payment, suspend, or cancel unpaid compensation, whether in whole or in part.

(b) Reclaim compensation already paid that was obtained improperly.

(c) Suspend or cancel the Affiliate Participant’s account.

(d) Take legal action and claim damages incurred by the Service Provider.

14.7 Discretion and Change of Conditions

The determination of whether a referral is a genuine referral or falls within the prohibited actions under this clause shall be at the Service Provider’s discretion under reasonable and good-faith criteria. The Service Provider reserves the right to amend, change, or cancel the affiliate program, compensation rates, or conditions in this clause at any time, by notifying through the website or channels the Service Provider deems appropriate.

15. Personal Data Protection

15.1 The User acknowledges and agrees that the collection, use, disclosure, and processing of the User’s personal data by the Service Provider shall be in accordance with the Service Provider’s Privacy Policy, which is considered part of these Terms and Conditions.

15.2 In the event the User stores, processes, or controls the personal data of others through the Service Provider’s services, the User agrees that they are responsible for complying with relevant personal data protection laws, including obtaining consent, notifying purposes, and performing the duties of a Data Controller as required by law.

15.3 The Service Provider acts as a provider of infrastructure and information technology systems, and generally does not participate in determining the purposes, methods, or details of the processing of personal data that the User stores or processes through the services, unless otherwise required by law.

15.4 In the event the applicable law provides that the Service Provider has the status of a Data Processor of the User, the User agrees that the Service Provider has the right to process personal data according to the User’s instructions to the extent necessary for providing the service, maintaining the system, maintaining system security, and complying with the law.

15.5 The User warrants that any data, content, programs, or personal data imported into the Service Provider’s system is data that the User has the right to possess, use, disclose, or process lawfully, and will not take any action in violation of personal data protection laws or the rights of others.

15.6 The Service Provider may access, use, disclose, or deliver data stored in the system to the extent necessary to:

(a) Comply with the law, court orders, or orders of authorities with legal power.

(b) Prevent, stop, or investigate fraud, cyberattacks, unlawful use, or events affecting system security.

(c) Investigate violations of the Terms and Conditions of Service.

(d) Protect the rights, property, or safety of the Service Provider, Users, or others.

15.7 In the event the applicable personal data protection law requires a Data Processing Addendum (DPA) or any other agreement of a similar nature between the Data Controller and the Data Processor, the User agrees to enter into such an agreement with the Service Provider in the form and conditions specified by the Service Provider. Once such a DPA or agreement is made, it shall be deemed part of these Terms and Conditions of Service and shall bind the parties as if stated in these Terms and Conditions in every respect.

16. General Provisions

16.1 Severability

If any provision in these Terms and Conditions becomes void, unlawful, or unenforceable in whole or in part, for any reason, such provision shall be deemed severed only to the extent that it is unenforceable, without affecting the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

16.2 Entire Agreement

These Terms and Conditions, including policies, notices, service-specific requirements, the Service Level Agreement (SLA), the Privacy Policy, the Acceptable Use Policy, and any other documents that the Service Provider references or publishes through the website, shall constitute the entire agreement between the Service Provider and the User, and shall supersede any prior agreements, representations, negotiations, or communications, whether in writing, electronic, or verbal.

16.3 No Waiver

The Service Provider’s failure to exercise a right, delay in exercising a right, or choice not to enforce any provision in any one instance shall not be deemed a waiver, relaxation, or exemption of such right, and shall not affect the Service Provider’s right to exercise that right or any other right subsequently. Any waiver shall only take effect when the Service Provider has expressly declared its intention in writing, and a waiver in one instance shall not be deemed a waiver in another instance or the same instance occurring in the future.

16.3 Amendment

The Service Provider reserves the right to amend, change, add to, or cancel these Terms and Conditions, including related policies or documents, in whole or in part, at any time, by notifying the User through the website, client system, email, or other channels the Service Provider deems appropriate. Continued use of the services by the User after the date the amended provisions take effect shall be deemed that the User has read, acknowledged, and agreed to be bound by the amended Terms and Conditions.

16.4 Language Priority

These Terms and Conditions may be prepared in multiple languages. In the event of any difference or conflict between the texts of each language, the Thai text shall prevail, unless the Service Provider expressly specifies otherwise.

16.5 Governing Law and Dispute Resolution

These Terms and Conditions of Service, including the rights, duties, and liabilities of the Service Provider and the User, shall be interpreted and enforced in accordance with the laws of the Kingdom of Thailand.

In the event of a dispute in connection with the use of the services, subscription, payment of service fees, suspension or cancellation of services, or these Terms and Conditions, the parties agree to attempt to resolve the dispute in good faith through negotiation within 30 (thirty) days from the date one party has notified the other party of the dispute in writing. If an agreement cannot be reached within such period, the parties have the right to proceed under the law and agree to submit to the jurisdiction of the Thai courts having jurisdiction under the law.

Contact Channels

If the User has any inquiries, questions, complaints, or wishes to contact the Service Provider regarding the services or these Terms and Conditions, they may contact through the following channels:

Service Provider: VP Infotech Co., Ltd. (operating under the name VisperHost.Net and/or VisperHost)
Line Official Account: @visperhost
Email: [email protected]
Website: https://client.visperhost.net