These terms and conditions (hereinafter referred to as Terms and conditions or Agreement) govern use of services (hereinafter referred to as the Services) provided through www.virsma.com (hereinafter referred to as the Website), and therefore are an Agreement between the user of the Services and SIA “VRSM” (hereinafter referred to as the Operator) as the operator of the Website.
General Services Operator provides are creating and use of Remote desktops (hereinafter referred to as Desktops) in accordance with the conditions stipulated in this Agreement. The Desktops are provided as pre-installed and pre-configured virtual machines on Linux operating system.
The use of the Website/or and Services can be performed only with respect to this Agreement, thus the person who is planning to use the Website and/or Services has to carefully read this Agreement. If the terms and conditions of the Agreement are fully accepted by a person then this person can start using the Website and/or Services, else (even if person does not agree with any small detail of this Agreement) person should leave the Website and stop usage of Services immediately. Using the Website and/or Services in any manner constitutes your acceptance and full agreement to be bound by terms in conditions of this Agreement. The Operator is entitled to unilaterally amend the Agreement in any way and in any time without notice. If such amendment constitutes a material change to the Agreement Operator will make notice about such event by posting announcement on the Website.
1.1 By using the Website and/or Services, any person, who is using the Website and/or Service (hereinafter referred to as the User) represents and warrants that has reached the age of 18 years. The Operator is entitled to refuse to offer the services of the Website to any User. The User is solely responsible for ensuring that User’s activities on the Website are not in contradiction with any normative acts applicable to this User and to the territory of the Desktops. The User uses the Website and Services personally and any sub-use is considered to be violation of this Agreement.
1.2 In order to use the Website and Services the User has to submit information to the Website and register an account (hereinafter referred to the Account). The User must provide accurate and complete information and keep Account information updated. It is prohibited:
1) to use as a username a name subject to any rights of a person other than the User without appropriate authorization;
2) to select or use name of another person with the intent to impersonate that person;
3) to use as a username a name that is otherwise offensive, vulgar or obscene (including translations and transliterations).
The User is solely responsible for any (without limitation) activity that occurs on the Account. The User is responsible for keeping Account password secure and should not publish any login information in any way. The usage of another User’s Account is strictly prohibited without proper authorization of this User. The User must notify the Operator immediately of any change in User’s eligibility to use the Website and/or Services (including any changes to or revocation of any licenses from any authorities), breach of security or unauthorized use of the Account.
The Operator will not be liable for any loss or damage as a result of User’s failure to provide the Operator with accurate information or to keep Account secure.
2.1 Any information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website and/or Services is called the Content; Content includes all the data that is stored or processed by the Operator and is associated to relevant User’s Account.
All Content added, created, uploaded, submitted, distributed, or posted through using Services (directly or indirectly) by User (hereinafter referred to as the User Content), whether publicly posted, privately transmitted or stored by means of using of the Desktops, is sole responsibility of the person who originated such User Content. The User is responsible that all User Content provided by this User is accurate, complete and in compliance with all applicable normative acts (both in country where the User is located and where the Desktop is located). The Operator is not responsible for User Content’s compliance with above mentioned criteria and each User is using the Website and/or Services at User’s own risk.
2.2 Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Website is expressly prohibited without prior written permission from the Operator. Selling, licencing, renting etc. any Content for commercial use or in any way that violates any third party right is strictly prohibited.
2.3 All User Content is automatically deleted in one week after the end of the prepaid Service time, meaning that whenever the Service paid time (time for use of Service that the User has paid for) has ended (including all extensions that the User purchased) Desktops and all User Content associated with it will be permanently deleted after one week (without any additional warning).
2.4. Within framework of this Agreement the User Content is regarded as information that does not contain any protected personal data. The Service is not intended for processing of personal data.
3. Rules of conduct
3.1 As a condition of use, the User is obliged not to use the Services for any purpose that is prohibited by this Agreement. The User is solely responsible for User’s every action or inaction without any limitations, including actions of User’s employees, affiliated entities and any person who is using User’s Desktops.
Any use of the Desktops other than the conventional working environment for a computer use is prohibited.
3.2 The User is obliged not to transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that:
1) is false, misleading, untruthful or inaccurate and this fact is known to the User;
2) impersonates any other person other than User;
3) contains any confidential and/or sensitive information about any other person other than User;
4) is prohibited by relevant normative acts in any way without any limitation (both in country where the User is located and where the Desktop is located);
5) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane or is otherwise inappropriate as determined by the Operator in its sole discretion.
3.3 The User is restricted
1) to take any action that imposes or may impose (as determined by the Operator in its sole discretion) an unreasonable or disproportionately large load on Operator’s (or third party providers’) infrastructure, including use of any mechanism in order to exceed the amount of resources assigned to User via this Agreement;
2) to interfere (including attempts to do so) with the proper working of the Website;
3) to bypass, circumvent (including attempts to do so) any preventive and/or restriction measures;
4) to harvest or scrape any Content from the Website;
5) to run any form of “spam” and/or perform any actions that would result in including User’s and/or Operator’s IP in any blacklist;
6) to use the Desktops for high risk activities (e.g. where the failure of service could lead to serious damage like death, personal injury, or environmental damage);
7) to perform any action that violate the Agreement or are (or can potentially be) in contradiction with common morale, sense and/or any applicable normative act (both in country where the User is located and where the Desktop is located), especially it is prohibited to participate in any way in terrorist activities; money-laundering; distribution of child pornography; invasion of privacy (including publishing and republishing of defamatory statements, harassment and embarrassing activities); triggering of national, ethnic, racial and any other hatred; forgery, identity theft, misdirection or interference with electronic communications; false advertising, any other unfair, immoral and/or illegal schemes; illegal data collecting activities;
8) to attempt to derive any source code or underlying ideas or algorithms of any part of the Website or Desktops,
9) to distribute or transfer in any way rights received via this Agreement,
10) to create derivatives in any way (translate, modify etc.) out of works of any part of the Website and/or Services it is providing;
11) to create multiple accounts with same billing information without notifying the Operator before the registration;
12) to evade lawful requests (direct, indirect, periodical including for statistical purposes) of government authorities and Operator;
13) to use any software that is of malicious intent including (but not limited to) viruses, trojans, key loggers, botnets, malware, flood, mail and logic bombs, denial of service attacks;
14) to violate third parties’ intellectual property rights (including industrial property rights);
15) to make User account easily accessible (including but not limited to: the use of weak passwords or insecure protocols, making login information accessible to third parties etc.);
16) to use Desktops for processing of personal data.
3.4 The User must
1) abide by all applicable (including international) normative acts, laws and regulations (both in country where the User is located and where the Desktop is located);
2) strictly follow the conditions of this Agreement;
3) notify Operator about any security breaches or threats and/or violation of this Agreement as soon as possible;
4) help and support Operator in curing, preventing and/or investigating the security breach or violation of this Agreement;
5) make necessary customization and configuration to the Desktops, including support and relevant security updates.
3.5 The Operator is entitled to access, read, gather and disclose any information in order to:
1) to satisfy request of authority and/or normative act or the User, who published the information;
2) to enforce this Agreement, including (but not limiting) investigation of technical or security issue, violation of the Agreement and/or normative acts;
The Operator is entitled to perform any action reasonable and necessary in order to protect himself, other Users and the Website.
3.6. The Operator is entitled to determine whether User’s actions are violating clause 3.3. of this Agreement at Operator’s sole discretion.
3.7. The Operator is entitled with or without notifying to terminate User’s access to the Desktops (and permanently delete both the Desktops and all data and User Content associated with it) in event of violation of this Agreement.
3.8. The Operator is not responsible in any way whatsoever for usage of third parties’ resources or services. If User is accessing such services (including through the link provided by the Operator), User does it at User’s own risk.
3.9. In order to use the Services, the User has to access the Services thought client that supports remote desktop protocol with encryption.
3.10. The Operator is entitled to switch off the Desktop during period when User is not actively using the Desktop. For purposes of understanding of this clause of the Agreement background processes are not considered active using.
4. Payments and Billing
4.1 The list of acceptable payment methods is available on the Website and is subject to change by the Operator at any moment.
4.2. Payment terms that are presented to User in the process of using or signing up for services are integral part of this Agreement.
4.3. The Operator does not own any payment processor and is not provider of financial services. The Operator is using such services provided by the third parties to bill Users. The processing of payments is performed by such third parties, and are outside of the scope of this Agreement, thus by choosing specific payment method User:
1) completely and implicitly agrees to terms and conditions associated with relevant payment method;
2) authorizes the Operator to charge User’s selected payment provider;
3) provides current, accurate and complete billing information during the use of services provided by this Agreement.
4.4. The Operator is not responsible for actions or inactions of the payment processor.
4.5. All invoices are denominated and shall be paid in Euro currency.
4.6. The Services shall be paid in advanced.
5. Applicable normative acts and jurisdiction
5.1. Any dispute, controversy or claim arising out or related to this Agreement or the breach, termination or invalidity thereof shall be settled in Latvian courts of law.
5.2. This Agreement is governed by the normative acts of Republic of Latvia.
5.3. Subjects to relevant and applicable international and/or national sanction are not allowed to use the Services.
6. Other conditions
6.1. The Operator is released from all liability for any Content contained in or accessed through the Website and/or Services, including, but not limited to: for the origin, accuracy, copyright compliance, or legality of material or Content.
6.2. The Operator is released from all liability for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), for any bugs, viruses or the like (regardless of the source of origination), or for any direct damages in excess of (in the aggregate) one monthly fee the User paid for previous month prior the day of harmful event.
6.3. The Services and Content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Each User uses the Website and its Service solely at User’s own risk.
The Desktops are provided as pre-installed and pre-configured virtual machines. The Operator does not provide any services regarding configuration and/or customization of said Desktops, machines, virtual services etc.
The Operator does not provide warranties that the Service will work without interruptions.
6.4. The User shall defend, indemnify, and hold harmless the Operator from all liabilities, claims, and expenses, including any attorneys’ fees, that arise from or relate to the User’s (or any third party using Account or identity) use or misuse of, or access to, the Desktops and Services, Content (including User Content), violation of these Agreement or of any law, or infringement of any intellectual property or other right of any person or entity.
6.5. The Operator does not warrant that the Services will be secure or available at any particular time or location; any content or software available at or through the services is free of viruses or other harmful components; any defects or errors will be corrected; or the results of using the services will meet User’s requirements or bring User satisfaction.
6.6. The User is solely responsible for the creating backups, therefore the Operator is not liable for data loss.
6.7. The User must perform all necessary measures in order to keep confidential any information received from the Operator. The User is prohibited to disclose such information in any way whatsoever.
6.8. None shall be liable for nonperformance of the terms herein to the extent that party is prevented from performing as a result of force majeure (any act or event which occurs and is beyond party’s reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, alien invasion or any unforeseen change in circumstances, or any other causes beyond either party’s reasonable control). The force majeure does not absolve the party to inform other party about such event and perform reasonable measures in order to regain ability of execution of this Agreement.
6.9. The Operator notifies User via e-mail the User provides in the Account, the User notifies the Operator via e-mail provided on the Website.
6.10. This Agreement constitutes full and complete agreement between the User and the Operator. The User and the Operator are bound by this Agreement from the moment of Registration and until the termination of the Agreement.
6.12. This Agreement is considered to be terminated when one party notifies other party about its intent to terminate this Agreement and at the same time parties do not have unsolved disputes and all Services provided up until the termination date are fully paid. The Operator is entitled to unilaterally terminate this Agreement in case of User’s violation of this Agreement without any limitation or restriction, in case of termination due to User’s violation the payment User made are non-refundable.