Terms of Service

Last updated on May 21, 2018

In order to provide you with an awesome service, we need you to agree to the rules in this document.

SERVICES

  1. We'll notify you right away once your services have been activated.
  2. Unfortunately, we sometimes have to deny our services or interrupt them for maintenance.

REVISIONS TO USER AGREEMENT

  1. Every so often, we have to update this agreement. Check the date at the top to see the last time it was revised.
  2. Simply continue to use our services to show us that you accept the changes.

DURATION OF AGREEMENT AND CANCELLATION POLICY

  1. We require that you keep your services running until after the initial term. CreateVM reserves the right to cancel your services anytime, but we really don't want to!
  2. Liabilities resulting from your content is your responsibility. If we have to cancel this agreement, it is up to you to move your content to another provider.

ACCOUNT SET UP

  1. Keep your login credentials secure!
  2. Please be sure to keep your email address updated too. We do most of our correspondence over email.
  3. Also, be careful when giving out your account information. Any activity on your account is your responsibility.

INTELLECTUAL PROPERTY RIGHTS

  1. All of your content belongs to you - not CreateVM! You are simply granting CreateVM permission to link your content to the internet.
  2. If we end up providing you with any additional software, the terms of this agreement apply to it.
  3. We hope that you love the CreateVM service, but there are some legal boundaries when it comes to using our names and trademark. Reach out to us before doing so.
  4. Misuse of our service can be costly to us. If misuse ends in damages, you may have to reimburse our legal fees.

DMCA NOTICE AND TAKEDOWN POLICY

CreateVM respects the intellectual property of third parties and complies with the KR ( South Korea ) or US DMCA. Our DMCA policies are explained in the following sections.

NOTICE OF CLAIMED INFRINGEMENT

  1. If your copyrighted work is being infringed by someone using the CreateVM service, you may submit a DMCA notice to our DMCA agent.
  2. You also agree that you won't abuse the DMCA claim process. Thank you for making this process smoother for our team.

TAKEDOWN POLICY

CreateVM will attempt to resolve DMCA claims as quickly as possible. Affected customers of the DMCA claim may submit a counter-notification to our DMCA agent.

COUNTER-NOTIFICATION

If a DMCA claim sent to a customer is false, the affected customer may contact our DMCA agent with a counter-notification. CreateVM will restore access within 10-14 days after receiving a counter-notification, unless the original claimant has filed a court order.

SERVICE PROVIDER CUSTOMERS OF CREATEVM

  1. Some of CreateVM's amazing customers are also service providers.
  2. If you have a DMCA claim related to this type of service provider, we ask that you work with them first by sending the DMCA claim to their designated agent.

MODIFICATIONS

CreateVM reserves the right to modify, alter or add to our Terms Of Service, and all users should regularly check back regularly to stay current on any such changes.

CONTENT AND ACCEPTABLE USE POLICY

  1. You agree to comply to CreateVM's Acceptable Use Policy (AUP). Please read this section carefully because we're trying to build a better, safer internet.
  2. Illegal materials such as child pornography are strictly prohibited. All illegal contents are strictly prohibited.
  3. You should take care to protect minors from accessing harmful material on your websites.
  4. You should disable public access to your illegal contents and you should remove all illegal data.

ZERO TOLERANCE SPAM POLICY

No one likes spam! You agree to comply to CreateVM's Anti-Spam Policy. Use of CreateVM's services for any illegal spam activities is strictly prohibited.

PAYMENT & REFUND POLICY

  1. Fees for services are due in advance. It helps us keep our network running.
  2. If you decide to stop paying for services, we have to stop services and delete them. All data will be lost after due date. ( including backup data )
  3. Depending on where you are located, taxes may be applicable to our services. These will be excluded in the cost. ( Your charge will be increased )
  4. CreateVM does not offer any refunds for cancellations.

BACK UPS & DATA LOSS

You agree that Your use of CreateVM's services is at Your own risk, and that CreateVM is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content.

  1. We do our best to protect your data.
  2. Due to real world scenarios, like volcanoes and asteroids, there is always a small chance for data loss.
  3. We recommend having a good backup plan for your projects. ( You should have your own backup plan )

RESOURCE USAGE & SECURITY

  1. Healthy systems are important. If you have too many processes going wild, we may have to block or rate-limit these services.
  2. Our lawyers also wanted us to put in a clause where you agree to not to do anything hostile to CreateVM. You probably know what that means; hacking, damaging, or reverse engineering our systems.
  3. If you use too much bandwidth, we have to stop service and charge you for overages.

PRICE CHANGE

  1. Your service costs will not change during a specific term.
  2. Prices on the createvm.com website can change from time to time!

INDEMNIFICATION

Should you break our agreement, you will hold CreateVM and its affiliates harmless for liability.

NO WARRANTIES

  1. We strive to provide you with the best possible service, but we cannot include a warranty.
  2. Since we cannot be responsible for your data, we recommend having a good backup plan in place.

LIMITATION ON LIABILITY

You agree that you will not hold CreateVM liable for damages caused by the operations of your business or website.

PRIVACY POLICY & GDPR

This Policy is current as of the Last Modified set forth above. We reserve the right to revise, amend, or modify this Policy and our other policies and agreements at any time and in any manner. We will post any updates to this Policy on our SITE. You should periodically check for any modifications of this Policy by re-visiting this web page. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our SITE

INFORMATION THAT WE COLLECT

Visitors to our SITE and services will have multiple manners of interacting with us. Depending upon your level of interaction, we will collect different information about you. We collect information about you directly from you and from third parties, as well as automatically through your use of our SITE.

OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

We and our third party service providers use cookies and other tracking mechanisms, including those designed for mobile applications, to track information about your use of our SITE. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

HOW WE USE YOUR INFORMATION

We use your information, including your personal information, for the following purposes:

  1. To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
  2. To tailor the content and information that we may send or display to you, such as displaying information on your use of our cloud services, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the SITE.
  3. For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third party websites.
  4. To better understand how users access and use our SITE, both on an aggregated and individualized basis, in order to improve our SITE and services and respond to user desires and preferences, and for other research and analytical purposes.
  5. To administer surveys and questionnaires.
  6. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
  7. To protect the safety, rights, property, or security of CreateVM, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that CreateVM, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; to conduct audits; and to enforce this Policy, our Acceptable Use Policy, and our Terms of Service.

HOW WE DISCLOSE YOUR INFORMATION

We may share your information, including personal information, as follows:

  1. Forum Users. If you create an account to use one of our forums, your forum profile, CreateVM directory information, and any information you post on one of our forums will be available to other forum users and all SITE visitors.
  2. Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
  3. Service Providers. We may disclose the information we collect from you to third party vendors, digital wallet companies, service providers, contractors or agents who perform functions on our behalf.

We also disclose information in the following circumstances:

  1. Business Transfers. If we are or may be acquired by or merged with another company, if any of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  2. In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  3. To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service, Acceptable Use Policy, or this Policy, or as evidence in litigation in which CreateVM is involved.
  4. Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

SECURITY OF YOUR INFORMATION

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, we take measures, including data encryption, to protect the transmission of sensitive end-user information. Nevertheless, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We take reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.