Terms Of Service

Introduction

Virtua.Cloud is a brand and service provided by VIRTUA SYSTEMS and its subsidiaries. These Terms of Service ("Terms") govern your use of our cloud hosting services and products. By accessing or using our services, you agree to be bound by these Terms, forming a binding contract between you and Virtua.Cloud, inclusive of all its parent and subsidiary companies. Additionally, users must also comply with any additional policies, guidelines, and amendments that are announced by Virtua.Cloud on their website or another communicative channel. These Terms are governed by and interpreted in accordance with French law as well as applicable laws or regulations of the European Union. Please read the Terms carefully to understand your rights and obligations. If you do not agree to these Terms, you may not access or use our services.

1. Acceptance of Terms

By accessing or using the services provided by Virtua.Cloud, customers acknowledge that they have read, understood, and agree to be bound by these Terms of Service. If accessing or using our services on behalf of an organization, customers represent that they have the authority to bind that organization to these Terms. These Terms apply to all customers of Virtua.Cloud. By continuing to use our services after any revisions to these Terms, you agree to be bound by the amended Terms.

2. Description of Services

Virtua.Cloud offers a comprehensive range of cloud hosting solutions, including Linux and Windows Cloud Servers, DDoS protection, IX Ports, IP Transit, Domain Name Registration, and Anycast DNS services. These services are designed to provide reliable, scalable, and secure cloud computing solutions, along with enhanced network security and performance capabilities. Virtua.Cloud is committed to continuously evolving its services to meet the diverse needs of its customers.

The availability of features and options may vary, and Virtua.Cloud reserves the right to modify, discontinue, or add services at its discretion.

Virtua.Cloud reserves the right to refuse service to any customer at its sole discretion, ensuring the integrity and quality of its services.

Virtua.Cloud provides services with an obligation of means, due to the technical nature of its offerings.

All resources provided by Virtua.Cloud, including but not limited to Hypervisors and Cloud Servers, remain the exclusive property of Virtua.Cloud. These resources are offered under agreed terms and conditions, with ownership retained by Virtua.Cloud at all times.

3. User Responsibilities

As customers of Virtua.Cloud, the following responsibilities must be acknowledged and adhered to:

• Customers must be at least 18 years old, in compliance with the legal adult age in France.
• Customers are responsible for maintaining up-to-date and accurate information in their user profiles, including contact details and billing information. This is crucial for effective communication and proper invoicing. Virtua.Cloud must be promptly notified through the customer area or support contact of any changes to such information. Failure to maintain accurate information could result in interruptions to service delivery and may impede Virtua.Cloud's ability to provide significant notices.
• Customers are responsible for maintaining the confidentiality and security of their accounts.
• Adequate technical knowledge is necessary for the proper administration of cloud servers and ensuring continuous data backup.
• Understanding the role as a host under the French Law for Confidence in the Digital Economy (LCEN) and the importance of complying with Regulation (EU) 2016/679 on the protection of personal data for any processing activities, including, but not limited to, storing various types of content provided by users and keeping logs and records.
• Regular data backup is crucial; Virtua.Cloud is not liable for data loss.
• Using Virtua.Cloud services for prohibited activities, such as file sharing debridement, spamming, intrusion attempts, and other illicit activities, is strictly forbidden.
• Compliance with intellectual property laws, including but not limited to copyright, trademark, and patent laws, is required when using Virtua.Cloud services. It is the customer's responsibility to ensure that their use of the services does not infringe upon the intellectual property rights of others.
• Reporting any suspected misuse or abuse of Virtua.Cloud services is a responsibility of the customer.
• This list of responsibilities and prohibited behaviors is subject to updates, and customers are expected to stay informed of such changes.
• Customers must refrain from using the service in a way that is detrimental to other Virtua.Cloud customers or harmful to the reputation of Virtua.Cloud's IP addresses. It's important to recognize that some resources on hypervisors are shared with other cloud servers.

Violations may lead to service termination or legal action. Virtua.Cloud reserves the right to enforce these terms to maintain service integrity and comply with legal requirements.

4. Payment and Billing

Virtua.Cloud offers various billing options for its services:

• Prepaid: Customers must maintain a prepaid balance for hourly billed cloud services. Services remain active as long as there is a sufficient prepaid balance. Each top-up extends the validity of the entire prepaid balance for one year from the date of the top-up. Expired credits are not recoverable, and the remaining balance is non-refundable.
• Monthly: This option applies to VPS, IX ports, DDoS protection, IP transit, and licenses.
• Yearly: Primarily for domain name registration and can apply to monthly services.
• One-Time: For services or fees such as setup or activation.

Automatic billing or renewal is available via credit/debit cards or SEPA direct debit in supported countries. A 40 EUR administrative fee, excluding VAT, is applied in cases of chargebacks.

In case of non-payment, the following penalties may apply:

• Penalties for Late Payment: Three times the legal interest rate in effect.
• Flat-rate Indemnity for Collection Costs: 40 EUR, excluding VAT.

5. Refund Policy

Virtua.Cloud offers a 7-day refund policy for new customers under the following conditions:

• Refund Eligibility: Based on the top-up amount and usage. Small top-ups (up to 50 EUR) are refundable if less than 30% used, medium (50-200 EUR) if below 20%, and large (above 200 EUR) if under 10% usage.
• Bandwidth Usage: Eligible for refund if bandwidth usage does not exceed 1 TB of outgoing traffic in the first week.
• Compliance: Compliance with Virtua.Cloud's Terms of Service is mandatory. Violations void refund eligibility.
• Refund Request Period: Must be requested within 7 days after the top-up.
• Method of Refund: Processed using the original payment method, excluding cryptocurrencies, within 7-10 working days.
• Exclusions: Setup fees, IX ports fees, domain registrations/transfers/renewals, management fees, and license fees are not refundable.
• Account Monitoring: Unusual or suspicious activity may disqualify a customer from refund eligibility.
• Documentation: Documentation or verification may be required for refund requests.
• Limitation on Promotional Offers: Not applicable to services or credits from promotional offers unless stated otherwise.
• Non-Refundable Free Credits: Free credits issued for promotional, compensatory, or goodwill purposes are not eligible for refunds under any circumstances.

Refund Request Process: Customers must request the refund from their customer area or by contacting Virtua.Cloud support via email with the relevant details. Please include the reason for the refund request, purchase date, invoice number, and any other relevant information to facilitate the processing of your refund.

6. Suspension and Termination of Services

Virtua.Cloud reserves the right to suspend or terminate services for violations of our Terms, including but not limited to non-payment, legal violations, security breaches, or service abuse.

• Suspension Process: In case of service suspension, customers will be notified with the reason and provided a chance to rectify the issue where applicable.
• Appeal Process: Suspended customers have one week to appeal the decision. Appeals must be made to our support with relevant details.
• Termination Process: For severe violations, services may be terminated without the option for appeal. Upon termination, all associated data may be permanently deleted, and any financial obligations will remain due.
• Reactivation Fee: A reactivation fee of 80 EUR (excl. VAT) applies for reinstating a suspended account, payable before service restoration.

Responsible use of Virtua.Cloud services in compliance with our Terms is essential to avoid such actions.

Virtua.Cloud reserves the right to terminate or amend any part of its services or these Terms of Service to comply with applicable laws or regulations, including but not limited to French and EU laws. If such a circumstance arises, Virtua.Cloud will notify affected customers in a timely manner, outlining the changes and the reasons behind them. Depending on the nature of these changes, customers may need to adjust their use of Virtua.Cloud services or cease using them. Continued use of Virtua.Cloud services after the implementation of these changes will constitute acceptance of the revised Terms of Service or service offerings.

7. Indemnification

Customers agree to indemnify and hold harmless Virtua.Cloud, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of the customer's use of the service, violation of these Terms of Service, or violation of any rights of another. This indemnification obligation will survive the termination or expiration of these Terms and the customer's use of Virtua.Cloud services.

8. Liability Limitation

Virtua.Cloud and its affiliates will endeavor to provide services with reasonable skill and care. However, to the extent legally permitted under French law, the following limitations of liability shall apply:

• Virtua.Cloud, its affiliates, agents, directors, employees, suppliers, and licensors shall not be liable for any indirect or consequential losses including but not limited to loss of profits, goodwill, data, or opportunities.
• We shall not be liable for damage or loss resulting from unauthorized access, hacking, or use of our services that is beyond our reasonable control.
• Liability does not extend to personal injury or property damage not caused directly by Virtua.Cloud's services.
• Notwithstanding the above, our liability will not be limited in the case of fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any other liabilities that cannot lawfully be limited or excluded.

Subject to the foregoing, Virtua.Cloud's total liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the amount you have paid to Virtua.Cloud for the services in question within the last twelve (12) months.

Nothing in these Terms of Service will exclude or limit liability to a greater extent than is permitted by applicable law, and no provisions herein are intended to deprive you of any mandatory protections provided to you under such laws.

9. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Instead, those provisions shall be removed or modified as little as possible, and the remaining provisions of these Terms will remain in full force and effect.

10. Bring Your Own IP Space

Virtua.Cloud offers a 'Bring Your Own IP Space' feature, allowing customers to use their own IP addresses within our infrastructure.

• Customers can request BGP sessions (IPv4 and/or IPv6) through their customer area. ASN legitimacy is verified using WHOIS on the ASN's RIR server.
• Authorization for IPv4/IPv6 prefixes to be announced is verified based on RPKI/ROA records.
• Bandwidth usage and activities must comply with the same restrictions as our own IPs, ensuring network integrity.
• Customers can customize their routing policy using our BGP communities.
• Customers can view the status of their BGP sessions in their customer area, including received prefixes and any that are being filtered.
• In case of misuse or non-compliance, Virtua.Cloud reserves the right to take actions such as service suspension or termination.
• Regular monitoring will be conducted to ensure compliance and prevent abuse.
• This service is primarily for the use of customer-owned IPs on our infrastructure, subject to filtering of downstream announcements and traffic. It is distinct from an IP transit service.

11. DDoS Protection

Virtua.Cloud offers two levels of DDoS protection:

• Basic Protection: Automatically applied to all Virtua.Cloud servers using Virtua.Cloud IP addresses, providing essential defense against DDoS attacks.
• Advanced Protection: Available for servers using Virtua.Cloud IP addresses and for customers using the "Bring Your Own IP Space" feature. This service includes the same protection level as our network and customizable rules for a tailored defense strategy.

Our response protocols include:

• Redirecting traffic of targeted IP addresses to our mitigation system for both basic and advanced users.
• For non-Virtua.Cloud IPs without advanced protection, we redirect the IP to mitigate risk while ceasing its BGP announcement outside our network.
• In extreme cases with multiple IPs targeted, customer IP ranges with advanced protection will be redirected to mitigation.

Customers with basic protection can request permanent mitigation for Virtua.Cloud IPs. Advanced users have additional options like customizing thresholds and filtering rules. We do not accept customers hosting services prone to frequent DDoS attacks, ensuring quality service for all.

It is the customer's responsibility to subscribe to the appropriate level of DDoS protection for their IP resources. Virtua.Cloud cannot be held responsible for any consequences arising from the customer's failure to adequately protect their own IP resources.

Policy in Extreme DDoS Scenarios: In situations where extreme DDoS attacks threaten our infrastructure or impact other customers, Virtua.Cloud reserves the right to modify or suspend services temporarily to ensure network stability and security.

12. Bandwidth

Virtua.Cloud provides unmetered bandwidth, subject to our Fair Use Policy, to ensure quality service for all users and prevent bandwidth abuse. Bandwidth refers to the data transfer rate, while port speed is the maximum capacity of the network connection.

• Fair Use: Each service offer includes dedicated bandwidth. Occasional bursts are acceptable, but continuous maximization of capacity is not permitted.
• Prohibited Uses: Disruptive activities such as continuous high-bandwidth applications, unauthorized commercial VPNs, torrenting, excessive streaming, and use of bandwidth for DDoS activities are prohibited.
• Bandwidth Capping: If burst usage consistently exceeds fair use, Virtua.Cloud reserves the right to cap the service at the dedicated bandwidth limit.
• Upgrades: Consistently exceeding bandwidth allocation may necessitate an upgrade to a service offer better suited to your needs.
• External Network Limitations: While Virtua.Cloud provides high-capacity connections, bandwidth performance beyond our network is subject to external factors like provider limitations and geographic restrictions.

Bandwidth usage is monitored to maintain service integrity. Violating this policy may lead to bandwidth capping, service modification, or termination.

13. Bulk Email

Virtua.Cloud is committed to maintaining the integrity and reliability of its network. To protect against spam and abuse, our Bulk Email Policy strictly prohibits the use of our services for sending bulk emails or any form of unsolicited messages.

Our definition of 'bulk mailing' includes:

• Sending emails to more than 50 recipients in a single email.
• Sending more than 5 emails per minute.

To prevent misuse, port 25 (SMTP) is disabled by default. Requests for SMTP service activation must include justification and may require identity verification. Virtua.Cloud reserves the right to make the final decision on port 25 activation, based on the customer's justification and our due diligence process.

Violations of this policy, including unauthorized bulk mailing or spamming, may result in immediate suspension or termination of your services without notice. Legal action may be pursued in accordance with applicable laws and regulations. We encourage responsible email practices and adherence to this policy for the well-being of our entire customer base.

Customers requesting SMTP service activation and undergoing the verification process are disqualified from our refund policy.

14. Cloud Limits

Virtua.Cloud continuously monitors and updates service limits based on usage history and account balance, supporting customer growth and accommodating requests for increased limits under certain conditions:

• Automatic Limit Adjustments: Limits are dynamically adjusted based on usage patterns and account history.
• Requesting Increased Limits: Customers can request higher limits at any time, evaluated based on account balance and historical usage.
• Approval Criteria: Virtua.Cloud reserves the right to approve or decline limit increase requests, based on criteria such as usage history and account balance.
• Ensuring Service Quality: This policy helps maintain the highest quality of service and reliability for all our customers.

15. Support and Managed Services

Virtua.Cloud provides support services focused on maintaining the optimal performance and security of our cloud infrastructure, including network and hypervisor systems. Our support is dedicated to the overarching functionality of our services and does not extend to individual customer system or network management, which remains the customer's responsibility.

Support is provided via email on a first-come, first-served basis, considering the diverse time zones and availability of our global customer base. Efficiency is key, so customers are requested to refrain from sending multiple emails for the same issue. For comprehensive assistance beyond standard support, our managed services are available at an additional fee, customizable to specific customer needs.

16. API

This section outlines the acceptable use and security requirements for Virtua.Cloud's Application Programming Interface (API).

• API Key Security: Customers are responsible for maintaining the confidentiality of their API keys. These keys should be stored securely and not shared publicly. Any compromised keys must be reported immediately for revocation.
• Acceptable Use: The API is provided for automating and managing services with Virtua.Cloud. Misuse of the API, such as excessive requests, attempts to bypass limits, or using it for illegal activities, is strictly prohibited.
• Access Limitation: Virtua.Cloud reserves the right to limit or restrict access to the API at its discretion. This includes imposing rate limits, temporary suspensions, or permanent revocation of API access in cases of abuse or non-compliance with our policies.

Violation of these guidelines may result in restriction or termination of API access and potentially Virtua.Cloud services.

17. Credit Limit and Negative Balance

Virtua.Cloud may offer a Credit Limit feature to select customers, allowing a temporary negative balance. This option is subject to our evaluation criteria and is not universally available.

• Activation of the Credit Limit is at Virtua.Cloud's discretion, based on factors like user history and account standing.
• Upon reaching the Credit Limit, all services will be suspended. Reactivation requires settling the negative balance.
• Customers are obliged to pay the owed amount within 30 days of starting to use the Credit Limit.
• In case of non-payment, Virtua.Cloud reserves the right to undertake legal action to recover the debt.

This policy is designed to offer operational flexibility while ensuring financial responsibility. Customers are advised to monitor their account balance and ensure timely settlement of any negative balances.

18. Price Adjustments

Virtua.Cloud reserves the right to modify service pricing due to various factors, such as changes in market conditions, operational costs, or economic circumstances. The following conditions apply to price adjustments:

• New Services: Pricing for new services may be introduced at any time, reflecting current market and operational conditions.
• Existing Services: For existing services, any price increase will be communicated to customers at least 30 days before implementation. This notice period allows customers to adjust or terminate their service if they choose not to accept the new pricing.
• Notification: Price adjustments will be communicated via email or through announcements on our website. Customers are encouraged to regularly check these channels for updates.
• Continued Use: Continued use of Virtua.Cloud services after the adjustment period implies acceptance of the new pricing terms.

Virtua.Cloud is committed to providing high-quality, affordable services and will strive to minimize price adjustments while maintaining the standard of our offerings.

19. Force Majeure

Despite our commitment to providing reliable and continuous service, Virtua.Cloud recognizes that certain events beyond reasonable control such as natural disasters, acts of war or terrorism, governmental action, pandemics, or disruptions in telecommunications infrastructures ("Force Majeure Events") may temporarily impede our obligations.

In such instances, we pledge to:

• Notify affected customers promptly through email and/or service updates on our website dashboard about the nature of the Force Majeure Event and its potential impact on services.
• Take reasonable steps to mitigate service interruptions, including the activation of disaster recovery plans and the engagement of alternative resources where possible.
• Provide regular updates regarding service status and the actions being taken to restore normal operations, with clear and accessible communication channels for customer support during the event.
• Resume full service functionality as quickly as possible once the Force Majeure Event has been resolved or its effects mitigated.

During a Force Majeure Event, our priority remains the protection of data integrity and the minimization of service disruption for our users. Our Service Level Agreements (SLAs) may be temporarily adjusted due to the impact of such events. Customers will be updated about any applicable changes to the SLAs through direct communication channels.

Virtua.Cloud shall not be liable for any failure or delay in performing its services where such failure or delay results from any cause that is beyond the reasonable control of Virtua.Cloud.

20. Amendments to Terms

Virtua.Cloud may update or revise these Terms of Service from time to time to reflect changes in our services, changes in laws and regulations, or for other reasons deemed necessary by Virtua.Cloud. The most current version of the Terms will always be posted on our website. For non-material changes that do not significantly affect the rights or obligations of the users, Virtua.Cloud will issue an updated version of these Terms with at least 15 days' notice before the changes take effect.

For material changes that do affect the rights or obligations of the users in a significant manner, Virtua.Cloud will provide at least 30 days' notice before the new terms take effect. We will notify you of any significant changes by posting a notice on our service, by sending you an email, and/or by some other means.

We encourage you to review the Terms periodically for any changes. If you disagree with the revised Terms, you may cancel your services subject to the conditions provided under the "Suspension and Termination of Services" section. Your continued use of Virtua.Cloud services after the new terms take effect will constitute your acceptance of the changes. If you do not agree to the new terms, please stop using the Virtua.Cloud services.

21. Dispute Resolution

The parties will attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the services provided by Virtua.Cloud through negotiations or a dispute resolution mechanism, such as mediation, prior to initiating any litigation. In case the dispute cannot be resolved through such attempts, either party may then seek resolution through the courts.

22. Governing Law and Jurisdiction

The Terms of Service and any disputes or claims arising out of, or in connection with their subject matter, or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with French law. In the event of any dispute, issue, or disagreement arising from the Terms or the services provided by Virtua.Cloud, customers agree to the exclusive jurisdiction of the Tribunal de Commerce de Paris. This clause explicitly sets forth the agreed legal jurisdiction for all matters involving Virtua.Cloud's services.

23. Language

These Terms of Service have been drafted in English. While Virtua.Cloud may provide translations of these Terms into other languages, the English version shall prevail in the case of any conflict or discrepancy in interpretation between the English version and any translation. If you have any questions or concerns about any term or clause in these Terms, please contact Virtua.Cloud for clarification.