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GENERAL TERMS OF SERVICES

last modified on March 06, 2024

The following General Terms of Services, together with any additional terms and policies (collectively “Terms of Services” “ToS”, ”Terms”, “Agreement”), form the entire legal agreement between you (“you”, “Client”) and Virtual Systems LLC, a Ukrainian company, in relation to your use of our website (https://vsys.host) , all its subdomains, additional top-level domains and any products, services, and information provided by Virtual Systems LLC (“Virtual Systems”, “we”, ”us”, ”our”). Prior to purchasing a service from us, you need to ensure and declare that you have read, understood and agreed to our Terms of Services. The present Agreement is a Public Agreement according to Art. 633 of the Civil Code of Ukraine and has a corresponding validity. According to Art. 642 of Civil Code of Ukraine complete and unconditional acceptance of the terms of the present Agreement (Public Agreement) is the fact of Client's payment for services mentioned on the (https://vsys.host) website and reception of the corresponding financial document confirming the fact of such payment. Virtual Systems and Clients are collectively referred to as “Parties” and individually as a “Party”.

The following list contains our additional terms and policies attached and considered collectively with this General Terms of Services:


  • Service Level Agreement

  • Website Terms of Services

  • Cancellations and Refunds Policy

  • Cookie Policy

  • Privacy Policy

NOTE: Prohibited Clients (Countries, Regions, Entities, and Individuals):

Such clients are defined as an entity related to russian federation and/or some countries, regions, or individuals that are prohibited by Ukrainian, EU or USA governments and their trade, law, or economic sanctions.


Definition of terms you can expect in our Terms of Services:

The following terms can be found when reading our Terms of Services, policies, and our website:


  • “us”, “we”, “our”, “Virtual Systems”, “Virtual Systems LLC” or “the Company” are used instead of Virtual Systems LLC – the owner of this website and the services offered in it.

  • “visitor” – is a person or a robot that is browsing our website while not being registered as an official “Client” of our services.

  • “Client” – a person who has registered on our website, made the payment successfully and is using our “Service”.

  • “User” – collective term used to describe a visitor to our website or a client of our services.

  • “Service” – functionality, web hosting product or any additional service that is serving the purpose of the web hosting technology.

  • “Content” – The term can be used to describe a static resource such as, but not limited to text, information, graphics, audio, video, and any form of data.

Account Eligibility:

You acknowledge and agree that Virtual Systems LLC services may only be used for lawful purposes. You need to ensure that you and your end users are in compliance with applicable laws, rules, and regulations of you and your end users' use of our services. We reserve our right to disable any materials violating our Terms.

The following types of content and/or activities are considered as prohibited and you shall not use Virtual Systems services to store or publish such content and/or provide such activities (including links to third-party services):


  • Pirate software, Warez, Torrent trackers, etc.;

  • Phishing and malicious content (Viruses, Trojan horses, worms, etc.);

  • Child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors;

  • Pornography or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by Virtual Systems, in its sole discretion;

  • Distribution of controlled substances, drugs, and prescription medications;

  • Encouraging violence, terrorism, hatred for particular social, ethnical, or religious groups;

  • Bulk, Spamming and Mail spoofing activities;

  • Denial of service attacks and port scans;

  • Hacking/cracking related activities, etc.;

  • Conduct and/or activities that are criminal in nature and/or are illegal, violate any applicable laws or regulations (including those related to the intellectual property rights of third parties);

  • Conduct and/or activities that give rise to corporate/civil/administrative liability for you or us;

  • Conduct and/or activities that enable you to avoid any obligation to pay for the Services;

  • Conduct and/or activities that interfere with, disrupt, access without permission, or present a risk to Services or to the network or equipment of Virtual Systems, its clients, its interconnected providers, or other third parties;

  • Conduct and/or activities that gain unauthorized access to, or otherwise violate the security of Virtual Systems’ (or another party’s) network, servers, computers, network control devices, software or data, or other parts of a computer system or network and/or constitute an abusive or fraudulent use.

You shall be responsible for any liabilities or obligations arising from your or your end users’ use of Services in violation of this section of ToS.

We reserve the right to block or suspend the Service, cease transmission of data associated with your domain name, permanently remove your data from our equipment, and take any other actions we deem necessary, in our sole discretion, immediately and without notice, to comply with the relevant laws and regulations if we are informed or otherwise believe, in our sole discretion, that you or your end users, your web site: (i) violates the intellectual property rights of any third party or is otherwise the subject of a dispute (ii) are using the Service in a manner that violates or is contrary to this section of ToS (iii) your network or your server space leased from Virtual Systems are subject to a distributed denial of service (DDOS) attack or other types of attack that interferes with Services provided to other clients.

With the exception of items provided by Virtual Systems LLC, Virtual Systems LLC does not intervene in the handling of the content and is forbidden from accessing said content for any other purpose than as necessary for execution of the services. Virtual Systems LLC does not perform any verification, validation, or update operations on said content.

Likewise, Virtual Systems LLC does not perform any particular backups of the content that are criminal in nature stored in the scope of the services. Therefore, in such cases, the Client is solely responsible for taking all necessary measures to safeguard its data in order to protect it against risk of loss or degradation regardless of cause.

Content Moderation and Removal:

Handling and tracking of abuse reports:

The notice of abuse (report of abuse) should be submitted in proper form and way. The notice of abuse has to be sent to abuse@v-sys.org. Language of the notice should be Ukrainian or English and Ukrainian.

The notice has to contain: name of the sender; description of abuse and the way of abuse; contact information of the sender or contacts of authorized representative; documented evidence of violations (court decision, confirmation of copyright, etc.).

Terms and conditions of notices handling: We do handling notices of abuse according to our ToS, Ukrainian legislation and international laws in force in the territory of Ukraine. If Virtual Systems LLC receives a notice of copyright or related rights infringement (hereinafter referred to as the “Notice”) regarding the Client, Virtual Systems LLC shall forward a copy of such Notice to the Client via email and verify its validity. Within 24 (twenty-four) hours from the receipt of the Notice from Virtual Systems LLC, the Client is obliged to take actions prescribed by the Law of Ukraine “On Copyright and Related Rights” in the edition effective at the time of the request (hereinafter referred to as the “Law”) and notify Virtual Systems LLC thereof by sending the notice about the actions taken or a message of refusal. If within 24 (twenty-four) hours from the transmission of the Notice the Client fails to take actions prescribed by the Law, Virtual Systems LLC independently restricts access to the digital content specified in the Notice. Virtual Systems LLC informs the applicant and the Client of the measures taken within 48 (forty-eight) hours from the receipt of the Notice by Virtual Systems LLC.

NOTE: Only attorney-at-law, admitted to the Ukrainian Bar, has a right to send a Notice. The Notice should be sent to: abuse@v-sys.org or via postal address at: 03150, Kyiv, Holosiivskyi district, Laboratorna street, bldg. 33/37.

Order Processing:

The list of accessible services, their features and prices are specified on the https://vsys.host website. We will provide those services requested by you in an order (“Order”) placed through the website. Virtual Systems may accept or reject any Order on its own discretion. The terms of an Order shall control in the event of an inconsistency with the terms of the Agreement.

The Services subject to your Order will be considered active as follows:


  • Automatic Order Processing: In the case of automatic Order processing, Services will be activated immediately after the Client has paid for the Services and is issued with the access details.

  • Human-Assisted Order Processing: The Client is issued with the access details, and the moderator processes the Order’s verification concurrently. Our moderator conducts a review of the Order before Services are transferred to an active status. This process may take some time, but we strive to make it as prompt as possible. In the event that more than 24 hours have passed since payment and Services have not been activated, billing data transfers and other necessary actions will be conducted to ensure the Services activation.


This Terms clause provides general information about the Order processing and Service activation process. For any questions regarding Order processing or Service activation, please contact our support team at support@v-sys.org.

Fees, Billing and Payments:

It is your responsibility to ensure that you pay all recurring chargers, non-recurring chargers, usage-based chargers, any other applicable fees (“Fees”) for the service set forth in your order. All Fees must be paid in advance for the entire billing term selected in your order if no other will be agreed by Virtual Systems and specified in the Order. We are not bound to provide any services until we receive your payment. Virtual Systems may, in its sole discretion, provide you with a payable or free test period for some Services. Such a test period should be agreed by Virtual Systems each time in each case separately and specified in the Order.

Virtual Systems reserves the right to change the prices of the services as well as their respectful fees with or without reason related to the price forming factors.

Recurring charges for Services will be invoiced in advance on a monthly, quarterly, semi-annual, annual, or bi-annual basis, as provided in the Order, and will be payable before the first day of the service term.

Non-recurring and usage-based charges: cloud services solutions and any other non-recurring and/or usage-based charges will be invoiced in arrears as specified in the Order.

The Balance on Internal Account: Clients are solely responsible for creating and replenishing the balance on their internal accounts. Clients may independently add funds to their account balance, either by their own payment or through automatic replenishment. By using our Services, you authorize us to deduct funds from your internal account balance to cover any applicable fees or charges without prior notification. In cases where deductions from the internal account balance require the Client’s consent, we will seek approval before initiating the deduction. However, the Client acknowledges that certain services or transactions may be subject to automatic deduction without explicit consent. Upon reaching a specified threshold or as per the Client's settings, the internal account balance may be automatically replenished using the Client's preferred payment method. It is the Client's responsibility to monitor their internal account balance and ensure sufficient funds are available to cover any incurred charges or Fees.


Pricing:

  • Price Change Notification:we commit to informing our active Clients about any price changes with a 1 (one) month notice in advance. This will allow you to stay informed about any changes and make appropriate decisions.


  • Stable Prices for Paid Services: for successfully paid Services, the price remains unchanged throughout the specified period in the Order, except licenses.


  • Licenses Pricing: the cost of licenses depends on the number of accounts requested by the Client. We can invoice the Client in the middle of the billing period, or in case of Client’s refusal, we reserve the right to cancel the Order entirely. Upon cancellation of the Order, all associated Services and invoices will be canceled.


Your payment obligations will survive termination of this Agreement and any applicable Order.

Client shall remit all account balance additions by wire transfer, credit card, PayPal or other payment method accepted by Virtual Systems. The processing of Client credit card payments may be denied or discontinued by Virtual Systems at any time in its sole discretion. Virtual Systems will not be held responsible for any losses (including files, databases, emails, domain names, etc.) that result from suspension or termination due to payment failure.

Client is responsible for all charges and Fees incurred on his/her/its account. This responsibility includes charges resulting from the use, misuse, or abuse of the Service by third parties accessing the Services through Client’s account, whether or not the unauthorized access is a result of Client’s failure properly to secure the account or to maintain the secrecy of account login information.

Unless otherwise stated in the Service Order or any applicable rate schedule placed on the website, all applicable European Union (“EU”), national, federal, state or local value added, use, sales, commercial, gross receipts, or other similar taxes, license fees and surcharges (each, a “Tax”), whether charged to or against Virtual Systems, will be billed separately to and payable by Client. Clients will not withhold any taxes from any amounts due to Virtual Systems. If a Client claims that he should not have to pay Taxes, he shall provide Virtual Systems with a copy of the applicable tax exemption certificate(s). If Virtual Systems does not collect Taxes based on its receipt of a tax exemption certificate from Client and a relevant taxing authority seeks to collect any such Tax, then, notwithstanding Virtual Systems’ prior acceptance of the certificate, Client shall be liable for and indemnify Virtual Systems for all amounts incurred by Virtual Systems in resolving the claim, including the Taxes, any interest or penalties assessed thereon, and Virtual Systems’ reasonable expenses and attorney’s fees that result from any proceedings. Client shall advise Virtual Systems immediately if Client’s tax exemption status changes and shall provide Virtual Systems with an updated or renewal exemption documentation within the shortest possible time frame upon our request.

In some specific cases described in the Cancellation and Refund Policy when Client has not breached any terms of this Agreement, such Client is eligible to request Virtual Systems to issue a refund for an Order. The detailed procedure is described and can be found in the Cancellation and Refund Policy available at the website https://vsys.host.

Services Conditions:

The Services offered by Virtual Systems are subject to their continued legal availability in any applicable jurisdiction. Virtual Systems may elect not to offer a Service in or to any particular jurisdiction, location or country, or may block a Service to or from any particular jurisdiction, location or country if we determine, in our sole discretion, that the continuation of such Service is not permitted by law or advisable.

Provision of Licenses: if providing licenses requires administrative access to the Client’s Services, we undertake to inform the Client of this prior to the purchase of such a license.

Network modifications and maintenance:

Virtual Systems reserves the right to modify its network, system configurations or routing configurations. Virtual Systems may, at its sole discretion and without any liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the network or in equipment used to deliver any Service provided that this does not have a material adverse effect on the Service.

Resource Utilization:

THE CLIENT AGREES THAT THE HARDWARE RESOURCES SUCH AS BUT NOT LIMITED TO DISK SPACE, CPU POWER AND RAM SHOULD BE UTILIZED ONLY FOR THE SOLE PURPOSE OF THE WEB HOSTING SERVICE. THE LIMITATIONS OF THESE HARDWARE RESOURCES CAN BE PLACED EITHER BY THE LAW, VIRTUAL SYSTEMS TERMS OF SERVICE OR THE RESOURCE CAPACITY SPECIFICATIONS LISTED ON THE WEB HOSTING PRODUCTS PAGES OF OUR WEBSITE. IT IS A CLIENT’S RESPONSIBILITY TO MAINTAIN THE HEALTHY STATE OF THEIR WEB HOSTING SERVICES WITH VIRTUAL SYSTEMS SO ANY NEGATIVE RESOURCE USAGE FOOTPRINT ON GLOBAL LEVEL AFFECTING OTHERS CAN BE AVOIDED OR REDUCED TO A REASONABLE VALUE.

Governing Law and Disputes Regulation:

This Agreement shall be governed by the laws of Ukraine, without regard to its choice of law principles. Any dispute arising out of this Agreement shall be resolved through negotiations between the Parties. If it is impossible to resolve these disputes and controversies through negotiations, any dispute, controversy, or claim arising out of or relating to this Agreement, including the conclusion, interpretation, execution, breach, termination, or invalidity thereof, shall be settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules. This Agreement shall be regulated by the substantive law of Ukraine. The number of arbitrators shall be one. The place of arbitration shall be Kyiv, Ukraine. The language to be used in the arbitral proceedings shall be English.

REPLACEMENT OF THE AGREEMENT: THIS AGREEMENT MAY BE REPLACED BY A SEPARATE CONTRACT AGREED UPON BY THE PARTIES AND ENTERED INTO IN ACCORDANCE WITH THE PROCEDURE ESTABLISHED BY THE LAWS OF UKRAINE. IN SUCH A CASE, THIS AGREEMENT SHALL BE CONSIDERED TERMINATED, AND NO FURTHER ACTIONS OR DOCUMENTS ARE REQUIRED.

Warranty and limitation of Liability:

Warranty disclaimer. Virtual Systems warrants that it will perform services with reasonable skill and care and in a workmanlike manner and will use reasonable efforts to restore services in the case of failure. Virtual Systems makes no other warranties or guarantees relating to the services, express or implied, under this agreement or otherwise, and Virtual Systems expressly disclaims all other warranties or conditions relating to the services, express or implied, including, but not limited to any implied warranties or conditions of merchantability, satisfactory quality, and/or fitness for a particular purpose. The Client’s sole remedy for failure of a Service is the credits set forth in the Service Level Agreement available at https://vsys.host/legal/service-layer-agreement.

THE VIRTUAL SYSTEMS’ SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE VIRTUAL SYSTEMS’ SERVICES IS AT YOUR SOLE RISK. VIRTUAL SYSTEMS DOES NOT WARRANT THAT THE VIRTUAL SYSTEMS’ SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES VIRTUAL SYSTEMS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE VIRTUAL SYSTEMS’ SERVICES. NO WARRANTY IS MADE BY VIRTUAL SYSTEMS REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND VIRTUAL SYSTEMS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE. VIRTUAL SYSTEMS DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE VIRTUAL SYSTEMS’ SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL VIRTUALS SYSTEMS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OR AGENTS BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE AND NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOSS OF REVENUE, COST SAVINGS, BUSINESS, ANY LOSS OF DATA OR CORRUPTION OF DATA, RESULTING FROM YOUR OR YOUR END USERS USE OF OUR SERVICES OR ANY FAILURE, DELAYS, MALFUNCTIONS, SUSPENSION, NETWORK FAILURE, SERVER FAILURE, SOFTWARE OR HARDWARE FAILURE, OR THE NEGLIGENCE OF VIRTUAL SYSTEMS LLC, ITS EMPLOYEES, SUBCONTRACTORS, CONTRACTORS OR SUPPLIERS. THE PRECEDING LIMITATIONS SHALL APPLY EVEN IF VIRTUAL SYSTEMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL VIRTUAL SYSTEMS LLC BE LIABLE TO YOU OR YOUR END USERS WITH RESPECT TO THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES PAID FOR OUR SERVICE(S) DURING THE SIX (6) MONTHS PERIOD PRIOR TO THE INITIAL ACTION GIVING RISE TO SUCH LIABILITY. THIS IS AN AGGREGATE LIMIT. IF UNDER THE LAW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOR PERMITTED THE ABOVE LIMITATION WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. VIRTUAL SYSTEMS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE VIRTUAL SYSTEMS SERVICES, AND VIRTUAL SYSTEMS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE VIRTUAL SYSTEMS FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

Regardless of the form of action (whether in agreement, warranty, strict liability or tort, including, without limitation, negligence of any kind whether active or passive), Virtual Systems, its directors, employees, partners, suppliers, affiliates, subsidiaries, shareholders, agents or subcontractors shall not be liable for any of the following, even if informed of their possibility: (a) third party claims against Client or Virtual Systems for damages arising from a data breach, (b) any delay, loss, damage or service failure attributable to any service, product or actions of any person, including but not limited to delay, loss, damage or service failure attributable to computer viruses, worms, computer sabotage, “denial of service” attacks, DNS spoofing attacks and/or other hacking attacks of a similar nature, or (c) interoperability of specific Client applications.

While we prioritize the security and integrity of our client's data, we cannot assume responsibility for any data loss resulting from hardware failures when clients maintain their service independently. We strive to maintain robust systems and implement stringent measures to safeguard data integrity; however, instances beyond our direct administration might impact hardware functionality. Hence, we encourage clients to consider implementing their backup protocols to mitigate potential risks associated with unforeseen hardware failures, ensuring the utmost protection of their valuable data.

Indemnification:

You shall indemnify and hold Virtual Systems, our affiliates and subsidiaries, employees, directors, officers and shareholders of the same harmless from and against all claims, losses or damages (including attorney’s fees and costs) in favor of any agency, person, firm or corporation, arising from or relating to (i) any personal injury or property damage in any way resulting from the acts of you, your end users, employees or agents; (ii) any claim by a third party that the content, use and/or publication of information and communications transmitted by you or your end users using the Services (“Content”) infringes upon the rights of such third party, regardless of the form of action, whether in agreement, contract, tort, warranty, or strict liability and whether in respect of copyright infringement or any manner of intellectual property claims, defamation claims, claims of publication of obscene, indecent, offensive, racist, unreasonably violent, threatening, intimidating or harassing material; (viii) your failure to comply with applicable data breach or data protection legislation; or (ix) if your or your end users’ actions have caused the Virtual Systems mail servers or IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies in the internet, you shall indemnify a specialist time incurred to contact list holders, remove any blocks and protect Virtual Systems’ mail servers and IP ranges.

Force Majeure:

Virtual Systems shall not be held responsible for any delay or failure in performance of a Service or any part of this Agreement to the extent such delay or failure is caused by: fire; flood; earthquake; the elements; lightning; explosion; war; act of terrorism; strike; embargo; government requirement; civil or military authority; act of god or nature; inability to secure materials or transportation facilities; act or omission of carriers or suppliers (other than the Virtual Systems itself); acts or failures to act of any governmental authority; computer viruses or worms; DDOS attacks, DNS spoofing attacks and/or other hacking attacks; termination or temporary unavailability of any computer hardware or software, server, or network on which the Virtual Systems’ Services are located or maintained or through which the Virtual Systems’ Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority or any other causes beyond its reasonable control.

Regulatory matters; Compliance with laws:

Client represents and warrants that its Services and products, materials, data, and information used by Client and its end users in connection with the Services do not, and during the term of this Agreement will not, operate in any manner that violates any applicable law or regulation. The Client will obtain all required licenses and permits and will comply with any laws and regulations that may be applicable to its use and resale of the Services.

Client is solely responsible for the use, publication, and content of information transmitted by it and its end users via the Services.

Client shall perform its obligations under this Agreement in a commercially reasonable, ethical, and professional manner and in accordance with applicable legal requirements, including, without limitation, all laws and regulations regarding (i) data privacy, telemarketing, “slamming” or other inappropriate selling activities, and (ii) the export or diversion of goods to certain prohibited countries promulgated by the Ukraine, EU, United States governments.

If any foreign, federal, state, national or local government, regulatory agency or governmental body, or a court of competent jurisdiction issues a rule, regulation, law, or order (“Regulatory Change”) which has the effect of materially increasing the cost to provide Services hereunder or canceling, changing, or superseding any term or provision of this Agreement, then this Agreement may be modified by Virtual Systems in such a way as is consistent with the form, intent, and purpose of this Agreement and is necessary to (a) comply with such Regulatory Change, or (b) to pass on to you any additional charges or fees imposed by such Regulatory Change on Virtual Systems.



Client Data. Client agrees that Virtual Systems may process personal data (for example, contact details) provided by Client in connection with this Agreement (hereinafter, “Client Data”) for the purpose of this Agreement and/or for purposes connected with the Service and/or business relationship between the Parties, consistent with applicable law and regulation. The Client confirms that it has obtained all necessary consents to such processing from the data subjects concerned. It is Virtual Systems’ policy to respect your privacy. Virtual Systems will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless Virtual Systems deems it necessary, in its sole discretion, to:


  • comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials;


  • protect and defend the rights or property of Virtual Systems or its officers, agents, affiliates, and licensees;


  • enforce this Agreement; or


  • protect the interests of other Virtual Systems clients.

For a more detailed description of the types and uses of personal information collected from you, please read the Virtual Systems Privacy Policy which is available in our website the https://vsys.host.

INTERNATIONAL CLIENTS UNDERSTAND AND AGREE THAT THE VIRTUAL SYSTEMS SERVICES ARE PROVIDED BY VIRTUAL SYSTEMS IN UKRAINE. YOU FURTHER AGREE THAT THE PERSONAL INFORMATION WHICH YOU GIVE VIRTUAL SYSTEMS WILL BE TRANSFERRED TO AND MAINTAINED IN UKRAINE AND OTHER COUNTRIES; INCLUDING WITHOUT LIMITATION COUNTRIES IN THE EUROPEAN UNION AND ELSEWHERE. IF YOU DO NOT CONSENT TO THE TRANSFER OF YOUR PERSONAL INFORMATION INTO AND OUT OF UKRAINE, DO NOT ACCEPT THESE TERMS AND CONDITIONS. YOU FURTHER UNDERSTAND AND AGREE THAT REGARDLESS OF YOUR COUNTRY OF RESIDENCE VIRTUAL SYSTEMS MAY DISCLOSE PERSONAL INFORMATION ABOUT YOU AND YOUR WEBSITE OR DOMAIN NAMES PURSUANT TO THIS SECTION, AND YOU EXPLICITLY WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.

NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, VIRTUAL SYSTEMS RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL , CIVIL, ADMINISTRATIVE OR CORPORATE INVESTIGATIONS.

Notices:

All notices, requests, demands and other communications required or permitted under this Agreement (“Notices”) shall be in writing and addressed to the Client at the email address provided and maintained as part of its contact information and to Virtual Systems at support@v-sys.org or at the postal address: 03150, Kyiv, Holosiivskyi district, Laboratorna street, bldg. 33/37. It is Client's responsibility to promptly notify Virtual Systems of any change in its contact information. All Notices sent by email shall be considered received when a confirmation of the delivery is received by the sender.


General

Assignment/Subcontracting. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other, which may not be unreasonably withheld, conditioned, or delayed; except that Virtual Systems may freely (i) subcontract any of its obligations or (ii) assign its right to receive payments hereunder or this Agreement or any portion thereof. Virtual Systems may, in its sole discretion, subcontract the provision of a Service or a portion of a Service to third parties or affiliates, provided that the performance of Services by any subcontractor shall not relieve Virtual Systems of any of its obligations under the Agreement.

Virtual Systems will provide you with reasonable technical support. You may request support at support@v-sys.org. The detailed description of technical support and other related issues can be found in our Service Level Agreement (SLA) available on the website. We do not provide support for other applications and uses or for your end users. Virtual Systems’ performance obligations under this Agreement apply solely to you, and not to any end users or other third-parties.

You may resell the Services. Please contact partnership@v-sys.org if you are interested in reselling Services to get the up-to-date terms and conditions.

Publicity. Neither Party will publish or use any advertising, sales promotions, press releases or other publicity which uses the name, logo, trademarks, or service marks of the other Party without the prior written approval of the other Party.

Binding Effect. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect, and such provision will be deemed to be amended to the minimum extent necessary to render it enforceable.

Survival. Termination of this Agreement shall not affect either Party's accrued rights or obligations under this Agreement as they exist at the time of termination or any rights or obligations that either expressly or by implication continue after this Agreement has ended.

Remedies. Except as may otherwise be provided herein, the assertion by a Party of any right or the obtaining of any remedy hereunder shall not preclude such Party from asserting or obtaining any other right or remedy, at law or in equity, hereunder.

Change of ToS: Virtual Systems LLC reserves the right to change our Terms at any time. If we decide to change our Terms, we will post the updated Terms and indicate the date of revision. All new or revised Terms take effect immediately. If you do not agree to the changes applied to our Terms you shall suspend your Service(s) with us. Your continued use of our website and Services indicates that you have read, understood, and agreed to our Terms.


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