VIRTUAL ELECTRONICS PTE. LTD., duly authorized and existing under the laws of Republic of Singapore (Registration No.: 201918829E) with its offices located at 1 Raffles Place #20-61 Tower 2, Singapore, 048616, agrees to furnish services to You, subject to the following Terms of Service. Use of VIRTUAL ELECTRONICS PTE. LTD.’s service constitutes acceptance and agreement to VIRTUAL ELECTRONICS PTE. LTD. ‘s Terms of Service.
The Term of this Agreement shall be monthly, to commence on the date that You are signing-up electronically for service by creating an account with an email address. Fees are billed by VIRTUAL ELECTRONICS PTE. LTD. on a monthly billing cycle commencing on the day we process the order until one month later. Some services may be charged on a quarterly, semi-annual, or annual basis. In those cases, the Term of this agreement shall be the respective billing period of the service.
1. Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the jurisdiction you operate in.
To access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. This includes providing a real name, valid phone number, and contact address as per your photo ID, such as IC or passport. As part of the ordering process, we might require a copy of your photo ID when necessary, and perform additional checks. We would also perform regular checks on the account profiles to ensure that all information is valid.
You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to notify VIRTUAL ELECTRONICS PTE immediately. LTD. of any unauthorized use of your account or any other breach of security. VIRTUAL ELECTRONICS PTE. LTD. will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Use
You agree that any violation of this Terms of Service will result in immediate account suspension or cancellation without a refund and the possibility that VIRTUAL ELECTRONICS PTE. LTD. will impose fees and pursue civil remedies without providing advance notice.
Proper Use of Service – You are responsible for the actions of all users of your account and any data created, stored, displayed by, or transmitted by your account while using VIRTUAL ELECTRONICS PTE. LTD. You will not engage in any activity that interferes with or disrupts VIRTUAL ELECTRONICS PTE. LTD.’s services or networks connected to VIRTUAL ELECTRONICS PTE. LTD. or attempt any unauthorized or illegal access to computers, networks, and accounts not belonging to you.
Misuse of System Resources – You agree not to intentionally misuse system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO. You agree not to obtain services in excess of those for which you have contracted with VIRTUAL ELECTRONICS PTE. LTD. You shall use only those IP addresses that are assigned to you by VIRTUAL ELECTRONICS PTE. LTD., and shall not use any IP addresses outside of their assigned range. You also agree not to perform any activities which might cause your IP address to be blocked by other providers. You agree not to use any mechanism to exceed the amount of resources assigned to your account, or to conceal such activities.
Spam – VIRTUAL ELECTRONICS PTE. LTD. has a zero-tolerance policy on spam, Junk E-mail, or UBE. Spam, Junk-mail, and UBE are defined as: the sending of the same or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of VIRTUAL ELECTRONICS PTE. LTD. whether or not the message actually originated from our network.
Mass mailings, as well as the creation of public email services are prohibited. You agree not to create PowerMTA (Mail Transport Agent) using the VPS or dedicated servers provided by the Service Provider.
Injurious Code – You agree not to use VIRTUAL ELECTRONICS PTE. LTD.’s services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (a) Trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks, (g) flood or mail bombs, (h) logic bombs, or (f) other actions which VIRTUAL ELECTRONICS PTE. LTD. reserves the sole right to determine to be malicious in intent.
Lawful Use – You agree to comply with and refrain from violations of, all applicable provisions of the laws in the jurisdiction you operate in, including but not limited to those statutes forbidding: (a) distribution of pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) violations of any SPAM Acts, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, (g) abuse of copyright, trademark, trade secrets or other intellectual property rights, (h) distribution of obscene materials or (i) false advertising, propagating or profiting from frauds and unfair schemes.
Providing of False Personal Data – You agree to provide accurate data when signing up for VIRTUAL ELECTRONICS PTE. LTD.’s service. This includes but is not limited to: (a) email addresses, (b) contact information, (c) credit card numbers.
Notification of Breach – You will notify VIRTUAL ELECTRONICS PTE. LTD. if and when you learn of any security breaches regarding your VIRTUAL ELECTRONICS PTE. LTD. services, and will aid in any investigation or legal action that is taken by authorities or VIRTUAL ELECTRONICS PTE. LTD. to address the security breach.
Registration of Multiple Accounts with the same billing details – You are restricted from registering multiple accounts with the same billing details without first notifying VIRTUAL ELECTRONICS PTE. LTD. of the intent, to ensure that accounts aren’t automatically flagged as possibly fraudulent and without notification, accounts may be treated as abuse and fraudulent, which would lead to suspension of service. VIRTUAL ELECTRONICS PTE. LTD. also reserves the right to terminate your account if you are targeted by malicious activity from other parties.
Abuse Notices – You agree that any usage that prompts the receipt of abuse complaints pertaining to violation of the Terms of Service must be promptly discontinued to avoid service cancellation for violation of these terms.
Hacking – You agree not to perform unauthorized access to the use of data, systems or networks, including attempts to scan, probe and test the vulnerability of a system or network or to breach security or authentication measures, unauthorized monitoring of data or traffic on any network or system without an explicit permission from the owner.
Terrorist activities – You agree not to use VIRTUAL ELECTRONICS PTE. LTD. services to promote or enact terrorist activities, including and not limited to forums or web sites for terrorists or terrorist activity, personal websites for terrorists, audio, photo, and videos of terrorist activities.
Internet Relay Chat (IRC) – You agree not to use VIRTUAL ELECTRONICS PTE. LTD. services to run any IRC services, including IRC bots and botnets.
Game Hosting Server – You agree not to use VIRTUAL ELECTRONICS PTE. LTD. services to run any game hosting server.
Distributed Denial of Service (DDOS) attacks – You agree not to use VIRTUAL ELECTRONICS PTE. LTD. services to perform any form of DDOS attacks. If a servlet is being attacked by any kind of DoS, VIRTUAL ELECTRONICS PTE. LTD. has the right to terminate the account with immediate effect and without providing any refund for the remaining unused billing period.
Free Proxy Services – You agree not to use VIRTUAL ELECTRONICS PTE. LTD. services to run any free proxy services (e.g., SOCKS proxy or any other type of proxies) for the general public.
3. Invoicing & Payment
You agree that VIRTUAL ELECTRONICS PTE. LTD. shall be permitted to charge your credit card on a monthly, annual, or another agreed-upon basis in advance of providing services. Payment is due upon invoicing. Service may be suspended (and hence interrupted) on accounts that reach past due. If any amount is overdue, VIRTUAL ELECTRONICS PTE. LTD. may terminate service and bring legal action to collect the full amount due, including any legal fees and costs. Such overdue accounts may also be turned over to an outside collection agency for collection.
For all services that have monthly billing, you will be billed on the same day of the month that you signed up for the service. If that day does not exist in the month (for example, for months with 30 days, or February), you will be billed on the last day of that month.
You are aware that VIRTUAL ELECTRONICS PTE. LTD. may prospectively change the specified rates and charges from time to time.
VIRTUAL ELECTRONICS PTE. LTD. is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, currency exchange differences, or other fees resulting from charges billed by VIRTUAL ELECTRONICS PTE. LTD.
4. Account Cancellation or Suspension
VIRTUAL ELECTRONICS PTE. LTD. reserves the right to suspend network access to any customer if, in the judgment of the VIRTUAL ELECTRONICS PTE. LTD. network administrators, your service is the source or target of a violation of any of the other terms of service or for any other reason which VIRTUAL ELECTRONICS PTE. LTD. chooses. VIRTUAL ELECTRONICS PTE. LTD. will use reasonable care in notifying you and in resolving the problem in a method resulting in the least amount of service interference. VIRTUAL ELECTRONICS PTE. LTD. reserves the right to terminate service without notice for continued and repeated violations of the Terms of Service. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification is not assured. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for the time your machines were suspended.
If at any time it becomes necessary for VIRTUAL ELECTRONICS PTE. LTD. to cancel your service without cause, VIRTUAL ELECTRONICS PTE. LTD. will provide 30 days advance notice.
You may cancel the service at any time via VIRTUAL ELECTRONICS PTE. LTD.’s online portal. The cancellation of service does not relieve you of responsibility for the payment of all accrued charges.
5. Technical Support
VIRTUAL ELECTRONICS PTE. LTD. provides free 24×7 technical support via our Support Ticket system. This support relates to your VIRTUAL ELECTRONICS PTE. LTD.’s services physically functioning. VIRTUAL ELECTRONICS PTE. LTD. charges for other forms of support which include but are not limited to (a) application specific issues such as application configuration, (b) CGI programming, (c) web or mail server configuration, or (d) any other such matters at the sole discretion of VIRTUAL ELECTRONICS PTE. LTD.’s support personnel. VIRTUAL ELECTRONICS PTE. LTD. does not provide technical support to your customers.
6. Uptime Guarantee
VIRTUAL ELECTRONICS PTE. LTD. provides a 99.9% uptime guarantee on all our hardware and network connectivity. In any given month, if your VIRTUAL ELECTRONICS PTE. LTD. Servelet is down for more than 0.1%, You may request a pro-rated credit for the down-time.
7. IP Addresses
VIRTUAL ELECTRONICS PTE. LTD. assigns you an Internet Protocol address for your use; the right to use that Internet Protocol address shall belong only to VIRTUAL ELECTRONICS PTE. LTD., and you shall have no right to use that Internet Protocol address except as permitted by VIRTUAL ELECTRONICS PTE. LTD. in its sole discretion in connection with your VIRTUAL ELECTRONICS PTE. LTD. Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN’s and APNIC’s policies. These policies state that the use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
You are solely responsible for the preservation of Your Data. Even with respect to Data as to which you have contracted for backup services, VIRTUAL ELECTRONICS PTE. LTD. shall have no responsibility to preserve Data, and the service is provided as-is, without warranty.
9. Disclaimers and Waiver of Liability
VIRTUAL ELECTRONICS PTE. LTD. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING HARDWARE, SOFTWARE, OR SERVICES, NOR THE STATEMENT OR CONDUCT OF ANY AGENT OF VIRTUAL ELECTRONICS PTE. LTD. SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST VIRTUAL ELECTRONICS PTE. LTD. ARISING OUT OF YOUR PURCHASE OR USE OF THE SOFTWARE, OR ANY CONDUCT OF VIRTUAL ELECTRONICS PTE. LTD.’s OFFICERS, EMPLOYEES, OR AGENTS. VIRTUAL ELECTRONICS PTE. LTD. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY AMOUNT, OR FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF VIRTUAL ELECTRONICS PTE. LTD. HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NO DISCLOSURE BY VIRTUAL ELECTRONICS PTE. LTD.’s OFFICERS, EMPLOYEES, OR AGENTS, SHALL BE MADE A CAUSE OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL VIRTUAL ELECTRONICS PTE. LTD.’s AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE, EXCEED THE AMOUNT OF ONE (1) MONTH OF SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT THE FEES PAID BY YOURSELF REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT VIRTUAL ELECTRONICS PTE. LTD. WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.
For any managed security services that VIRTUAL ELECTRONICS PTE. LTD. provides, including but not limited to managed firewall service (host-based), OS patching and hardening service etc., VIRTUAL ELECTRONICS PTE. LTD. does not provide any guarantee that your servelet will be 100% secure and will be free of attacks and hacking attempts or incidents. While VIRTUAL ELECTRONICS PTE. LTD. will do its best to protect customer’s servelet under the service provided, VIRTUAL ELECTRONICS PTE. LTD. shall not be liable or responsible for any damages or loss suffered by you as a result of any security incidents during or after the subscription of the services.
For any managed services which require VIRTUAL ELECTRONICS PTE. LTD. engineers to have root/administrator access to customer’s servlets, the customer agrees to indemnify VIRTUAL ELECTRONICS PTE. LTD. for any and all liability, loss, and damage to the integrity of the data inside the customer’s servelet. VIRTUAL ELECTRONICS PTE. LTD. also is not responsible for any confidentiality breach arise for the need to have the root/administration access to the customer’s servelet.
VIRTUAL ELECTRONICS PTE. LTD. wishes to emphasize that in agreeing to the VIRTUAL ELECTRONICS PTE. LTD. Terms of Service, You agree to defend, indemnify, and hold harmless VIRTUAL ELECTRONICS PTE. LTD. from any and all claims or causes of action arising out of your misuse of VIRTUAL ELECTRONICS PTE. LTD. Services. This means that if VIRTUAL ELECTRONICS PTE. LTD. is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against VIRTUAL ELECTRONICS PTE. LTD., plus all costs and reasonable legal fees.
You agree to keep confidential any Confidential Information to which you are given access, and shall cooperate with VIRTUAL ELECTRONICS PTE. LTD.’s efforts to maintain the confidentiality thereof. You shall not publish to third parties or distribute information or documentation that VIRTUAL ELECTRONICS PTE. LTD. provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
12. Legal Compliance
VIRTUAL ELECTRONICS PTE. LTD. may suspend or terminate Services and this Agreement immediately upon receipt of any lawfully issued notice from a court having jurisdiction over VIRTUAL ELECTRONICS PTE. LTD., alleging the use of the Services to accomplish violations of law, pending the resolution of the relevant court proceeding. When subjected to lawful process requiring disclosure, VIRTUAL ELECTRONICS PTE. LTD. may disclose your identity and contact information and VIRTUAL ELECTRONICS PTE. LTD. shall not be liable for damages or results thereof, and you agree not to bring any action or claim against VIRTUAL ELECTRONICS PTE. LTD. for such disclosure.
You agree that VIRTUAL ELECTRONICS PTE. LTD. may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on VIRTUAL ELECTRONICS PTE. LTD. website.
14. Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and VIRTUAL ELECTRONICS PTE. LTD. and govern your use of VIRTUAL ELECTRONICS PTE. LTD. services, superceding any prior agreements between you and VIRTUAL ELECTRONICS PTE. LTD. for the use of VIRTUAL ELECTRONICS PTE. LTD. services.
All terms of this Agreement, which by their nature are intended to survive termination of this Agreement, shall so survive.
16. Force Majeure
Either party shall be excused from performing hereunder to the extent that it is prevented from performing as a result of any act or event which occurs and is beyond its reasonable control, including, without limitation, acts of God, war, weather, utility or telecommunications outages, unrest or riot, strike any action of a governmental entity, etc.; provided that the party experiencing the force majeure provides the other with prompt written notice thereof and uses reasonable efforts to remedy effects of such force majeure.
17. Waiver and Severability of Terms
The failure of VIRTUAL ELECTRONICS PTE. LTD. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
18. Choice of Law
The Terms of Service and the relationship between you and VIRTUAL ELECTRONICS PTE. LTD. shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and VIRTUAL ELECTRONICS PTE. LTD. agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore.
19. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of VIRTUAL ELECTRONICS PTE. LTD. services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Dispute Resolution
In the event of any disagreement or dispute between the parties arising out of any matter relating to or arising out of this Terms of Service, the parties shall, in the first instance, seek to resolve the matter by discussions between the respective representatives of each party. If they are unable to resolve the disagreement or dispute within two business days, the matter may be referred to mediation by agreement between the parties.
If the disagreement is of a technical nature, either party may by written notice to the other require that the matter be referred to a technical expert (“the Expert”) for resolution. The Expert shall be appointed by agreement between the parties or, in default of agreement, by the President for the time being of the Singapore International Arbitration Centre and both parties shall at their own cost afford the Expert with such assistance as he/she may reasonably request in connection with the resolution of the disagreement or dispute. The Expert shall be instructed to provide his/her decision as soon as reasonably possible. Unless otherwise directed by the Expert in the context of his/her decision, the costs of the Expert shall be borne equally by the parties.
In all other circumstances, all disputes arising under or in relation to this Terms of Service shall be subject to the jurisdiction of the courts of the Republic of Singapore.
21. Miscellaneous Provisions
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically.