VMSHELL INC Terms of Service

Welcome to use the service of VMSHELL IN!

      In order to use the services of VMSHELL INC, you should read and abide by the "VMSHELL INC Service Agreement" (hereinafter referred to as the "Agreement") and the "VMSHELL INC Privacy Policy". Please read carefully and fully understand the content of each clause, especially the clauses exempting or restricting VMSHELL INC's liability, clauses restricting user rights, clauses stipulating dispute resolution and jurisdiction (such as relevant clauses in Article 18), etc. , And separate agreements or rules for opening or using a certain service. Restrictions, exemption clauses, or other clauses involving your major rights and interests may be bolded, underlined, etc. to remind you to pay attention.

       Unless you have fully read, fully understood and accepted all the terms of this agreement, you have no right to use VMSHELL INC services. If you click "Agree" or "Next", or you use VMSHELL INC services, or express or impliedly accept this agreement, it is deemed that you have read and agreed to sign this agreement. This agreement is legally effective between you and VMSHELL INC and becomes a legal document binding on both parties.

       If you do not have full civil capacity due to factors such as age, intelligence, etc., please read and judge whether you agree to this agreement with your legal guardian (hereinafter referred to as the "guardian"), and pay special attention to the terms of use for minors.

       If you are a user outside of mainland China, you also need to abide by the laws of the country or region where you belong and/or where you are in entering into or performing this agreement.

 
1. [Scope of Agreement]

      1.1 This agreement is an agreement between the user and VMSHELL INC regarding the use of VMSHELL INC's services. "VMSHELL INC" refers to the possible operating affiliates of VMSHELL INC and/or its related services. "User" refers to the user of VMSHELL INC's services, and is more referred to as "you" in this agreement.

      1.2 The services of VMSHELL INC refer to the products and services provided by VMSHELL INC to users, including but not limited to products and services such as instant messaging, network media, Internet value-added, interactive entertainment, financial payment, advertising, etc. The specific services are subject to what VMSHELL INC actually provides ( Hereinafter referred to as "this service").

      1.3 The content of this agreement also includes the "VMSHELL INC Privacy Policy" (link address http://privacy.qq.com/), and when you use a particular service of VMSHELL INC, the service may have a separate agreement and related Business rules, etc. (hereinafter collectively referred to as "separate agreement"). Once the above content is officially released, it is an integral part of this agreement, and you should also abide by it. Your acceptance of any of the foregoing separate agreements shall be deemed to be your full acceptance of this agreement. Your acceptance of this agreement is deemed to be your acceptance of the VMSHELL INC Privacy Policy.

2. [Account and Password Security]

      2.1 You may need to register an account when using this service. Regarding the specific rules for using your account, please read carefully and abide by the relevant separate agreement.

      2.2 VMSHELL INC specially reminds you to keep your account and password properly. When you have finished using it, you should exit safely. You may be liable for account theft or password theft due to your improper care.

2.3 In order to enhance user experience and/or technical convenience, the account of this service may include numbers, letters or their combination, as well as mobile phone numbers, e-mails and other forms. When you register a certain form of account, VMSHELL INC may give a gift of another form of the account. The specific account form, account system, and relationship between accounts, etc., are subject to what VMSHELL INC actually provides.

      2.4 During your use of this service, you may be able to set nicknames, avatars, signatures, messages and other information for the account you use, and you may also set names, pictures, profiles, etc. for the QQ groups and WeChat groups you create, manage, and participate in. information. You should ensure that the content and form of this information comply with laws and regulations (the "laws and regulations" in this agreement refers to the user's region/region, the country’s current effective laws, administrative regulations, judicial interpretations, local regulations, local regulations, departmental rules and regulations. Other regulatory documents, as well as amendments and supplements to these laws and regulations from time to time, as well as related policies and regulations, are the same below.), public order and good customs, social ethics, and VMSHELL INC platform rules, and will not infringe the legitimate rights and interests of any subject.

      2.5 Some third-party websites or services may use QQ accounts, WeChat accounts, etc. as one of their login methods. You understand that unless VMSHELL INC specifically states that these websites or services are not operated by VMSHELL INC, you should make your own judgment on the safety and availability of such third-party websites or services, and bear the relevant risks and responsibilities yourself. 6

      2.6 Loss of account password We are not responsible for providing the function of retrieving the account, the account belongs to the user's privacy

3. [Protection of User Personal Information]

      3.1 Protecting users' personal information is a basic principle of VMSHELL INC. VMSHELL INC will collect, use, store and share your personal information in accordance with this agreement and the "VMSHELL INC Privacy Policy" (link address: http://privacy.qq.com/). If this agreement does not clearly stipulate the relevant content of personal information protection, the content of the "VMSHELL INC Privacy Policy" shall prevail.

      3.2 In the process of registering an account or using this service, you may need to fill in some necessary information. If there are special regulations in national laws and regulations, you need to fill in the true identity information. If the information you fill in is incomplete, you may not be able to use this service or be restricted during use.

      3.3 In general, you can browse and modify the information submitted by yourself according to the relevant product rules, but for security and identification (such as number appeal service, etc.) considerations, you may not be able to modify the initial registration information and other information provided during registration. verify message.

      3.4 VMSHELL INC will use various security technologies and procedures as much as possible to establish a complete management system to protect your personal information from unauthorized access, use or disclosure.

      3.5 VMSHELL INC will not transfer or disclose your personal information to any third party unless:

      (1) Relevant laws and regulations or requirements of judicial or administrative agencies.

      (2) Transfer for the completion of merger, division, acquisition or asset transfer.

      (3) Necessary to provide the service you request.

      (4) Circumstances that can be transferred or disclosed to any third party in accordance with the "VMSHELL INC Privacy Policy" or other relevant agreement rules.

     3.6 VMSHELL INC attaches great importance to the protection of personal information of minors. If you do not have full civil capacity, you should obtain the consent of your guardian before using the services of VMSHELL INC.

4. [How to use this service]

     4.1 This service is only for your personal non-commercial use, unless you and VMSHELL INC have agreed otherwise.

     4.2 The rights you obtain in accordance with the terms of this agreement are not transferable.

     4.3 You must not use any means (including but not limited to third-party software, plug-ins, plug-ins, systems, equipment, etc.) to interfere, destroy, modify or exert other influences on this service.

     4.4 You should use this service in a way provided or approved by VMSHELL INC. You must not log in or use this service through any third-party software, plug-ins, plug-ins, systems, equipment, etc.

     4.5 Without authorization by VMSHELL INC, no one may use any third-party software, plug-ins, plug-ins, systems, etc., to view and obtain any relevant information, data, etc., of VMSHELL INC, VMSHELL INC’s partners or users contained in this service. At the same time, Should strictly abide by the Robots agreement issued by VMSHELL INC and other relevant agreement rules.

5. [Provide services according to the status quo]

You understand and agree:

     5.1 This service is provided in accordance with the status quo that can be achieved by existing technology and conditions. VMSHELL INC will do its best to ensure the continuity and security of the service, but VMSHELL INC cannot foresee and prevent legal, technical and other risks at any time. VMSHELL INC is exempt from such risks within the scope permitted by law, including but not limited to force majeure, Viruses, Trojan horses, hacker attacks, system instability, third-party service defects, government actions and other reasons may cause service interruption, data loss, and other losses and risks.

     5.2 Due to business strategy arrangements or adjustments, the content of specific VMSHELL INC services available to users in different regions may be different, and the actual content provided by VMSHELL INC shall prevail.

6. [Bring your own equipment]

     6.1 You should understand that you need to prepare terminal equipment related to the relevant service (such as computers, mobile terminals, and necessary network access equipment) to use this service, and bear the required expenses (such as telephone charges, Internet charges, etc.) cost).

     6.2 You understand and agree that when you use this service, your terminal equipment, bandwidth and other resources will be consumed.

7. [Advertising]

     7.1 You agree that VMSHELL INC can send and display advertisements or other information (including commercial and non-commercial information), and the specific sending and display of advertisements or other information, either by itself or by a third party through SMS, email, or electronic information. The form, frequency and content, etc. are subject to the actual provision of VMSHELL INC.

     7.2 VMSHELL INC will carry out advertising business in accordance with relevant laws and regulations. You agree that you should carefully judge the authenticity and reliability of the advertisements appearing in this service, and unless expressly provided by law, you shall be responsible for the actions implemented due to the advertisements.

8. [Service Fees]

     8.1 Some of VMSHELL INC’s services are provided on a fee basis. If you use fee-based services, please abide by the relevant agreement. We provide refund services within 3 days, and we will not provide them after 3 days.

     8.2 VMSHELL INC may modify and change the charging standards and methods of charged services according to actual needs, and VMSHELL INC may also start charging for some free services. Before the aforementioned amendments, changes, or the start of charging, VMSHELL INC will make a notice or announcement on the corresponding service page. If you do not agree to the above modification, change or paid content, you should stop using the service.

     8.3 When VMSHELL INC lowers the charging standard of charged services or changes the charged service to free service provision, VMSHELL INC reserves the right not to provide refunds or fee adjustments to the original paying users.

9. [Products or services provided by third parties]

     When you use products or services provided by a third party on the VMSHELL INC platform, in addition to complying with the provisions of this agreement, you should also comply with the third party's user agreement. VMSHELL INC and the third party are responsible for possible disputes within the scope of the law and agreement. We prohibit the use of the SSR protocol. Otherwise, delete the machine. We prohibit the use of public DNS services. If the machine is deleted, we prohibit the use of spam to scam emails. Wait for business, otherwise delete the machine, we prohibit long-term use of bandwidth and high-speed operation, otherwise the server is suspended or the minimum speed is restricted to 20MBPS for a week or more.

10. [Services provided based on software]

If VMSHELL INC relies on "software" to provide services to you, you should also abide by the following agreements:

     10.1 You may need to download software in the process of using this service. For these software, VMSHELL INC grants you a personal, non-transferable and non-exclusive license. You can only use these software for the purpose of using this service.

     10.2 In order to improve the user experience, ensure the security of the service and the consistency of product functions, VMSHELL INC may update the software. You should update the relevant software to the latest version, otherwise VMSHELL INC does not guarantee the normal use of the software or service.

     10.3 VMSHELL INC may develop different software versions for different terminal devices. You should choose to download the appropriate version for installation according to the actual situation. You can obtain the software directly from the VMSHELL INC platform, or from a third party authorized by VMSHELL INC. If you obtain software or an installation program with the same name as the software from a third party not authorized by VMSHELL INC, VMSHELL INC cannot guarantee that the software or service can be used normally, and will not be responsible for the losses caused to you.

     10.4 Unless VMSHELL INC has written permission, you may not engage in any of the following actions:

     (1) Delete the copyright information on the software and its copies.

     (2) Reverse engineer, reverse assemble, reverse compile the software, or try to find the source code of the software in other ways.

     (3) Use, rent, lend, copy, modify, link, reprint, compile, publish, publish, establish mirror sites, etc. of the intellectual property content of VMSHELL INC.

     (4) Copy, modify, add, delete, and hang the data released into the memory of any terminal during the software or software operation, the interaction data between the client and the server during the software operation, and the system data necessary for the software operation. Run or create any derivative works, including but not limited to the use of plug-ins, plug-ins or third-party tools/services not authorized by VMSHELL INC to access software and related systems.

     (5) By modifying or forging the instructions and data in the operation of the software, adding, deleting, changing the functions or operating effects of the software, or operating or disseminating the software and methods used for the above-mentioned purposes to the public, regardless of these Whether the behavior is for commercial purposes.

     (6) Third party developed and authorized by non-VMSHELL INC

Any method such as party software, plug-ins, plug-ins, systems, equipment, etc., log in or use VMSHELL INC software and services, or make, publish, and disseminate third-party software that is not developed or authorized by VMSHELL INC for logging in or using VMSHELL INC software and services , Plug-ins, plug-ins, systems, equipment, etc.

11. [Intellectual Property Statement]

     11.1 The intellectual property rights of the content provided by VMSHELL INC in this service (including but not limited to webpages, text, pictures, audio, video, graphics, computer software, etc.) belong to VMSHELL INC, and the user’s knowledge of the content generated during the use of this service The property rights belong to the user or relevant right holders, unless you and VMSHELL INC have agreed otherwise.

     11.2 Unless otherwise specifically stated, the copyright, patent rights and other intellectual property rights of the software on which VMSHELL INC provides this service belong to VMSHELL INC.

     11.3 VMSHELL INC uses "QQ", "VMSHELL INC", "TENCENT" and the image of Penguin and other commercial logos in this service. The copyright or trademark rights of VMSHELL INC belong to VMSHELL INC.

     11.4 The intellectual property rights of the above and any other content contained in this service are protected by laws and regulations. Without the written permission of VMSHELL INC, the user or the relevant right holder, no one may use or create related derivative works in any form.

12. [User Violation of Laws and Regulations]

     12.1 You must abide by laws and regulations when using this service, and you must not make, copy, publish, or disseminate information containing the following content or engage in related behaviors, and you must not provide for the production, copying, publishing, or dissemination of information containing the following content or related behaviors. convenient:

     (1) Those who oppose the basic principles established by the Constitution.

     (2) Endangering national security, leaking state secrets, subverting state power, and undermining national unity.

     (3) Damage to national honor and interests.

     (4) Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity.

     (5) Those who undermine the state's religious policies and promote cults and feudal superstitions.

     (6) Spreading rumors, disturbing social order, and undermining social stability.

     (7) Spreading obscenity, pornography, gambling, violence, murder, terror, or instigating crime.

     (8) Insulting or slandering others, infringing on the lawful rights and interests of others.

     (9) Violating the “seven bottom lines” requirements of laws and regulations, the bottom line of the socialist system, the bottom line of national interests, the bottom line of citizens’ legitimate rights and interests, the bottom line of social public order, the bottom line of morality and the bottom line of information authenticity.

     (10) Prohibited by relevant laws and regulations or this agreement, relevant agreements, rules, etc.

     12.2 If you violate relevant laws and regulations or the provisions of this agreement while using this service, relevant state agencies or institutions may bring lawsuits, fines or take other sanctions against you, and require VMSHELL INC to provide assistance. Therefore, if any damage is caused to you or others, you shall bear all the responsibilities by yourself, and VMSHELL INC shall not bear any responsibility.

     12.3 If you violate the provisions of this agreement, VMSHELL INC has the right to make independent judgments and take corresponding measures, including but not limited to deleting, blocking relevant content or disconnecting links through technical means. At the same time, VMSHELL INC has the right, depending on the nature of the user's behavior, to take measures including but not limited to suspending or terminating the provision of services to you, restricting, suspending, freezing or terminating your use of QQ accounts and WeChat accounts, and investigating legal liabilities.

     12.4 If you violate the provisions of this agreement and cause any loss to the subject, you shall bear the responsibility independently; if VMSHELL INC suffers losses as a result, you shall also compensate for it.

13. [Compliance with local laws and supervision]

    13.1 You should abide by relevant local laws and regulations when using this service, and respect local ethics and customs. If your behavior violates local laws, regulations or moral customs, you should be solely responsible for this.

    13.2 You should avoid using this service to cause VMSHELL INC to violate laws and regulations or get involved in political and public events, otherwise VMSHELL INC has the right to suspend or terminate the service to you.

14. [Content sent and disseminated by users and handling of complaints]

    14.1 The content (including but not limited to web pages, text, pictures, audio, video, graphics, etc.) that you send or disseminate through this service is your own responsibility.

    14.2 The content you send or disseminate should have a legal source, the relevant content is yours or you have obtained the necessary authorization.

    14.3 If the content you send or disseminate violates laws or regulations or violates the rights of others, VMSHELL INC has the right to make independent judgments and take measures such as deleting, blocking or disconnecting links.

    14.4 If you are complained by others or you complain to others, VMSHELL INC has the right to provide necessary information such as the subject information, contact information, complaint-related content and other necessary information of the relevant party in the dispute to the relevant parties or relevant departments in order to resolve the complaint in a timely manner and protect The legitimate rights and interests of all parties.

    14.5 You warrant that you are responsible for the authenticity, legality and validity of the information, materials, evidence, etc. you provide in the complaint handling procedure.

15. [Force majeure and other exemptions]

    15.1 You understand and agree that in the process of using the service, you may encounter force majeure and other risk factors, which may affect the service. Force majeure refers to an objective event that cannot be foreseen, cannot be overcome, and cannot be avoided, and has a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, and social events such as wars, turmoil, government actions, etc. . When the above situation occurs, VMSHELL INC will try to cooperate with relevant units as soon as possible, and strive to deal with it in a timely manner, but VMSHELL INC will be exempt from liability within the scope permitted by law for the losses caused to you.

    15.2 To the extent permitted by law, VMSHELL INC is not liable for service interruption or obstruction caused by the following circumstances:

    (1) Damaged by computer viruses, Trojan horses or other malicious programs, or hacker attacks.

    (2) The user or VMSHELL INC’s computer software, system, hardware, and communication lines are faulty.

    (3) The user operates improperly or the user uses this service in a manner not authorized by VMSHELL INC.

    (4) The program version is outdated, the equipment is aging and/or its compatibility issues.

    (5) Other situations that VMSHELL INC cannot control or reasonably foresee.

    15.3 You understand and agree that in the process of using this service, you may encounter risks caused by network information or other user behaviors. VMSHELL INC is not responsible for the authenticity, applicability, or legality of any information, nor is it liable for infringements. Responsible for the damage caused to you by the behavior. These risks include but are not limited to:

    (1) Anonymous or pseudonymous information from others that contains threatening, defamatory, offensive or illegal content.

    (2) Any psychological, physical injury and economic loss caused or likely to be caused by misleading, deceit, or other people.

    (3) Other risks caused by network information or user behavior.

    15.4 VMSHELL INC obtains the right to deal with illegal content in accordance with this agreement. This right does not constitute an obligation or commitment of VMSHELL INC. VMSHELL INC cannot guarantee that illegal acts will be discovered in a timely manner or be dealt with accordingly.

15.5 Under any circumstances, you should not be gullible about borrowing money, asking for passwords or other property-related information. Involving property operations, please verify the identity of the other party first, and always pay attention to VMSHELL INC's tips on preventing fraud and crime.

16. [Effectiveness and change of the agreement]

    16.1 Your use of this service means that you have read this agreement and accept the constraints of this agreement.

    16.2 VMSHELL INC has the right to modify the terms of this agreement when necessary. You can check the latest version of the terms of the agreement on the relevant service page.

    16.3 After the terms of this agreement are changed, if you continue to use the software or services provided by VMSHELL INC, you will be deemed to have accepted the changed agreement.

17. [Change, Interruption, and Termination of Service]

    17.1 You understand and agree that VMSHELL INC may change the content of the service based on the adjustment of its business strategy, and may also interrupt, suspend or terminate the service.

    17.2 When VMSHELL INC undergoes a merger, division, acquisition, or asset transfer, VMSHELL INC may transfer relevant assets under this service to a third party; VMSHELL INC may also, after unilaterally notify you, share some or all of the services and corresponding rights under this agreement The obligation is transferred to be operated or performed by a third party. The specific transferee shall be subject to the notification of VMSHELL INC.

    17.3 In the event of any of the following situations, VMSHELL INC has the right to suspend or terminate the provision of services to you without notice:

    (1) According to laws and regulations, you should submit true information, but the personal information you provided is untrue or inconsistent with the information at the time of registration and failed to provide reasonable proof.

    (2) You violate the provisions of relevant laws and regulations or violate the provisions of this agreement.

    (3) In accordance with laws and regulations, the requirements of judicial organs or competent authorities.

    (4) For safety reasons or other necessary circumstances.

    17.4 VMSHELL INC has the right to charge according to Article 8.2 of this agreement. If you fail to pay in full on time, VMSHELL INC has the right to suspend, suspend or terminate the provision of services.

    17.5 You are responsible for backing up the data stored in this service. If your service is terminated, VMSHELL INC has the right to permanently delete your data from the server, unless otherwise provided by laws and regulations. After service suspension or termination, VMSHELL INC has no obligation to provide or return data to you.

18. [Jurisdiction and Application of Law]

    18.1 The establishment, entry into force, performance, interpretation and dispute resolution of this agreement are all subject to the laws of the mainland of the People’s Republic of China (excluding conflict of laws).

    18.2 This agreement is signed in Nanshan District, Shenzhen, Guangdong Province, the People's Republic of China.

    18.3 If there is any dispute or dispute between you and VMSHELL INC, you should first settle it through friendly negotiation; if the negotiation fails, you agree to submit the dispute or dispute to the people with jurisdiction in the place where this agreement was signed (ie, Nanshan District, Shenzhen, Guangdong Province, China) Court jurisdiction.

    18.4 The headings of all clauses in this agreement are for convenience only and have no actual meaning in themselves and cannot be used as the basis for interpretation of the meaning of this agreement.

    18.5 No matter the terms of this agreement are partially invalid or unenforceable for any reason, the remaining terms are still valid and binding on both parties.

    18.6 If this agreement has multiple language versions such as Chinese and English, and the corresponding content is inconsistent, the content of the Chinese version shall prevail.

19. [Terms of Use for Minors]

    19.1 If the user is under the age of 18, he is a minor and should read this agreement and use this service under the supervision and guidance of a guardian.

    19.2 Minor users are not deeply involved in the world, are easily confused by virtual images on the Internet, and have strong curiosity, lack the ability to deal with situations, and are easy to be used by people with ulterior motives and lack the ability to protect themselves. Therefore, minor users should pay attention to the following matters when using this service, improve safety awareness, and strengthen self-protection:

    (1) Recognize the difference between the online world and the real world, and avoid being addicted to the Internet and affecting daily learning and life.

    (2) When filling in personal information, strengthen the awareness of personal protection to prevent unscrupulous elements from harassing personal life.

    (3) Under the guidance of guardians or teachers, learn to use the Internet correctly.

    (4) Avoid random meetings with unfamiliar netizens or participation in social activities, lest criminals have the opportunity to take advantage of them and endanger their own safety.

    19.3 Guardians and schools should provide more guidance for minors to use this service. In particular, parents should be concerned about the growth of their children, pay attention to communication with their children, and guide their children on the safety issues that they should pay attention to when going online, so as to take precautions.

    19.4 If an adult who has reached the age of 18 does not have full capacity for civil conduct for any reason, refer to the relevant provisions of the terms of use for minors in this agreement.

20. [Others]

    20.1 If you have comments or suggestions about this agreement or this service, you can contact the VMSHELL INC customer service department (https://vmshell.com), and we will give you the necessary help. (End of text)


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