PLEASE READ THESE TERMS OF USE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE ADSMO WEBSITE.
This Terms of Use (“Agreement”) governs and applies to users accessing and using the ADSMO websites (“Services”), a service owned by Unikery company limited (branded as “ADSMO”), located at www.adsmo.vn (“Website”). By accessing or using the Services on our Website, you agree to the contents of the Agreement and enter into a legally binding transaction with Unikery Company Limited.
ADSMO may edit, change the Terms of this Agreement at any time by posting an updated version on the Website, and the changes will be effective from the date of update. If any part of this Agreement is held invalid or unenforceable, that part shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall continue in full force and effect.
This change may or may not be specifically communicated to you, so you should read this Agreement when accessing the Website. Your continued use of the Service constitutes your acceptance of such changes. If you do not agree to the revised terms, you must discontinue using the ADSMO websites and services.
1. Service Description
The ADSMO Service provides online web development tools and web applications hosted and operated by ADSMO, which enable you to create and publish websites hereinafter referred to as “ADSMO Web Applications”.
Users/customers of the Website and ADSMO Web Applications shall be referred to as “you”. The Service also includes web hosting services for other websites you create through the Website.
2. User Regulations and User License
2.1 – To use the service, the User must agree to and comply with the Terms set forth in this Agreement and the regulations of the service provider with which ADSMO is affiliated. The User is solely responsible for his/her capacity to act in registering an account and using the service and commits to ensuring that he/she is at least 13 years of age.
2.2 – You are licensed to access, use the ADSMO Web Application and operate on websites hosted by ADSMO (“Member Websites”). Any content of your active settings, ADSMO is not responsible for approving, controlling the content, but you are responsible for your own use of the service.
2.3 – You are the person who directly manages, maintains the right to use your services, and is responsible for the consequences that may arise in case you violate the regulations on service use, or due to lax management.
2.4 – You are solely responsible for creating backup copies and replacing any Content you post or store on the Website at your expense.
2.5 – The ADSMO Website and Web Application are licensed by the owner ADSMO, Unikery Company Limited, located at 22 Pho Moi, Thuy Son Commune, Thuy Nguyen District, Hai Phong City. This license is subject to the Terms of this policy.
2.6 – ADSMO reserves the right, in its sole discretion, to terminate your account and your access to the Websites, ADSMO Web Applications and Services; or any part thereof to remove or block access to any Member Website; or any user content at any time. ADSMO shall not be liable to you for exercising this right of ADSMO and ADSMO shall not have any Notice for each case.
2.7 – The Websites or member websites created by Users may contain notification services, information exchange areas, news groups, forums, communities, personal and commercial web pages, calendars, postcards, and/or messaging facilities or other information facilities designed to enable you or others to communicate with the public or a group (collectively, “Interactive Services”), you agree to use the Interactive Services only to notify, send and receive messages in accordance with the Content Policies, the Terms and applicable laws.
2.8 – Users are responsible for the content and risks with transaction information, content exchanged with users of the Member Website.
2.9 – You agree that no joint venture, partnership, agency relationship or any other form of cooperation exists between you and ADSMO.
3. User Accounts and Subdomains
3.1 – To use ADSMO’s services, users will register for an access account and password. You are responsible for (1) maintaining the confidentiality of your access account and password; and (2) all activities that occur on or through your access account.
3.2 – You understand and agree that ADSMO will create, issue, and verify a digital identity (collectively, a “Digital Certificate”) for each user. This Digital Certificate is attached to each electronic document and email notification that has been accepted. You agree that your Digital Certificate is a valid “Electronic Signature” that represents your consent in your activities taking place on the Website or Services and/or ADSMO Web Application.
3.3 – In case of detecting unauthorized use of your password or account, you must notify us immediately to change your password in time to secure the information. We will consider closing your account at any time if necessary for information security reasons. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this provision or from unauthorized access to your account.
3.4 – Subdomains: As part of the ADSMO Web Application, users are provided with free use for the purpose of hosting member websites (e.g. [subdomain].adsmoweb.org) (“Subdomains”).
3.5 – You agree that all User Subdomains are owned by ADSMO, are non-transferable to third parties and that ADSMO may, with or without cause, in its sole discretion and without notice or liability to the user or any third party, immediately terminate or suspend your account, Username and Subdomains, and remove any content associated with your account and subdomains.
3.6 – You agree to actively maintain and update any Member Sites that you create on a regular basis. If a user fails to log into the Service or update a Member Site for a period of 12 consecutive months, ADSMO reserves the right to remove or disable access to such Member Site, and any unused credits will expire.
4. Prohibited Conduct When Using the Service
4.1 – You use the service to upload, publish, send, distribute, disseminate material that is obscene, defamatory, abusive, harassing, threatening, or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
4.2 – You use the service to upload, publish, send, distribute, disseminate any material that is intended to incite hatred against groups based on race or ethnic origin, religion, disability, sex, age, sexual orientation/gender identity.
4.3 – You use the service to upload, publish, send, distribute, disseminate any any material that constitutes a direct threat of violence against any person or group of people, especially minors.
4.4 – You use the Service to upload, publish, send, distribute, disseminate any material that impersonates or purports to impersonate another person and that could be used to deceive or mislead others.
4.5 – You use the Service to upload, publish, send, distribute, disseminate any third party files or material, in any form, that is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or have been licensed to use such rights. You may not disclose the private information of other individuals or entities without the permission of the relevant parties.
4.6 – You use the Service to contain content that intentionally infringes the intellectual property rights of third parties on any Member Website.
4.7 – You use the Service to upload, publish, send, distribute, disseminate any file that contains viruses, malware, harmful code, corrupted files, or any other similar software or programs that may harm the operation of another computer.
4.8 – You use the Service for the transmission of spam and/or any type of viral marketing, pyramid schemes and/or scams.
4.9 – You use the Service to download, upload, publish, send, distribute, disseminate any files posted by other users of the ADSMO Web Application and other Information Services that you know or should know.
4.10 – You use the Service to collect information about others, including e-mail, addresses, without their consent.
4.11 – You upload, publish, send, distribute, disseminate any unauthorized private, confidential and personal information about others.
4.12 – You upload, publish, send, distribute, disseminate any material used for illegal purposes or to promote dangerous and illegal activities.
4.13 – You use the service to upload documents, files that ADSMO serves for the content of your website created from the ADSMO Web Application.
4.14 – You commit fraudulent acts or any acts specified in Article 4 of this Agreement on the websites linked to ADSMO or any third party with which ADSMO cooperates to support the performance of ADSMO’s services.
5. Adsmo’s Rights and Obligations
5.1 – ADSMO has the right to request users to remove information that violates the provisions of Article 4 when discovering this information.
5.2 – Has the right to immediately terminate or suspend your account, and/or delete your content and/or you report to the competent authorities that ADSMO has or has not notified you when you violate any part of this Agreement.
5.3 – ADSMO is not responsible for reviewing any content posted, stored or uploaded by You or other third parties.
5.4 – ADSMO is not responsible for the content on the Member Website with any user or the agreements, transactions made on the Member Website or between ADSMO users.
5.5 – ADSMO reserves the right to remove, monitor or edit any content posted or stored on the Member Website, ADSMO Web Application at any time and for any reason without notice to you
5.6 – ADSMO reserves the right to terminate your access to the Websites, Member Websites and any or all Interactive Services; remove or disable access to any Member Site or your content at any time without notice for any reason or for no reason.
5.7 – ADSMO is committed to keeping confidential the information you provide to us or that we collect and will not disclose it to any third party unless required by a competent State agency or is necessary to (a) enforce the Terms of this Agreement, (b) detect, prevent fraud, security, or technical issues, (c) respond to user support requests, or (d) protect the rights, property, or safety of ADSMO, its users, and the public.
5.8 – ADSMO is not responsible in any way for information you provide to third parties when connecting to the Member Site or third parties operating the Member Site, they may use the personal information you provide to them.
5.9 – ADSMO does not control or endorse the content, messages or information found on any Interactive Services or Member Site. ADSMO has no liability whatsoever for the Interactive Services and any actions resulting from your participation in any Interactive Services or use of services on other Member Sites.
5.10 – ADSMO is obligated to provide you with technical support during the term of use. ADSMO does not warrant that the Website, Services, ADSMO Web Applications or Member Sites will meet your requirements or that their operations will be uninterrupted or error-free.
6. Links to Third Party Websites
6.1 – The Website, ADSMO Web Application and Member Websites (including under ADSMO Subdomains) may contain links to third party websites, including links to Member Websites, text; embedded videos; offers; and software applications (including weather; exchange rate; chat widgets) (collectively, “Linked Sites”).
6.2 – The Linked Sites are the property of the respective third parties and may be protected by/or intellectual property laws and international treaties. The content of the Linked Sites and information of these third parties are beyond the control and/or not owned and managed by ADSMO. ADSMO is not legally responsible for any content of the Linked Sites, including risks, economic damages, and data loss that may arise from accessing the Linked Sites.
6.3 – The ADSMO web application may rely on third parties to provide and complete some functions and software applications. Choosing to use functions and software applications from third-party suppliers may create changes in the structure or interface of the website. Users choose to use and are responsible for those choices, and are responsible for related procedures for third-party suppliers.
7. Content Policy
ADSMO’s Website and Services are intended to provide businesses, organizations and individuals with the opportunity to create and develop a professional online presence. ADSMO respects your rights and does not seek to censor any text, images, data, information, music videos, graphics, messages or other items or materials (collectively, “Content”) that you post on the Website or in any Member Site. However, in order to allow for the continued posting of content, ADSMO has established rules regarding certain types of content that may not be hosted by ADSMO and/or created using the ADSMO Web Application as set forth in this policy (“Content Policy”). These provisions do not create any third party rights, but may only be enforced by ADSMO.
8. Use and Storage of Data
8.1 – Content posted to the Interactive Services may be subject to limitations on reproduction, use and/or dissemination. ADSMO reserves the right to create and/or change such limitations on use and storage at any time with or without notice. You are responsible for adhering to such limitations.
8.2 – You agree that ADSMO has no liability for the loss of data or failure to store or transmit any Content or Interactive Services maintained by ADSMO and that you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost.
8.3 – ADSMO provides you with a technical warranty for the duration of your use. You agree that before submitting a request for technical support or website modifications, you must back up all data at the time of the request for technical support.
8.4 – You agree that storage space is unlimited in all service packages described in the ADSMO service, up to a limit of no more than 100,000 files and folders for each website. Any website that exceeds this limit will be issued a violation warning and suspended if no action is taken by you to reduce the number of files and folders.
8.5 – You agree that the hosting service for the ADSMO websites and Web Applications is a shared hosting service, which may result in a limitation of access speed or the number of simultaneous visits and may result in interruption of the website’s operation. Any website that exceeds this limit will be issued a violation warning and a proposal to move the website to a more optimal form of hosting, for example, a virtual server (Cloud Server) or a dedicated server (server). You agree to pay the costs associated with this conversion.
9. Free and Premium Services
Our Premium Services types and fees are described on the website and are subject to change.
ADSMO may temporarily change the fees for Premium Services in conjunction with certain promotions at any time, and such changes are effective immediately upon posting of the promotions on ADSMO. Any changes to the Premium Services fees that are not temporary or promotional will be effective thirty (30) days after we provide notice to you by posting such changes on ADSMO. Unless otherwise stated, all fees are in Vietnamese Dong.
With Premium Services, you can upgrade to a higher service package to meet your needs. The request to upgrade the service package will be made after you complete the payment procedure. The recording of the service package conversion will be shown by a receipt or a bank transaction record.
With Premium Services, your website will be initialized and completed within a maximum of 05 working days for service packages. Normally, your website will be initialized within the day, immediately after you complete the payment, however, the default data will be sample data. Within the stated period, ADSMO will enter data for you based on the amount of data you are supported under each service package, the completion time will depend on the time we receive the data from you.
Within the scope of the law and its capabilities, ADSMO can provide one or more services free of charge to users, partially or completely free. You agree that on the free services that you register to use provided by us, ADSMO reserves the right to publish advertisements, including but not limited to, on the screen displaying those free services such as: logos, banners, popups (pop-up windows), keywords, links to a third-party website, etc.
You can stop using our Free Services at any time, although we will regret to see you no longer use our Services. ADSMO may also stop providing the Free Services to you or create new limits to our Services at any time.
10. Testing and acceptance of the website
For ADSMO’s premium service, your website will be tested and accepted by you before being put into official use. You agree and comply with the following testing and acceptance process:
● An email will be sent to you by ADSMO via the automatic email sending system or sent by staff to confirm the acceptance. Within 03 (three) days from the time of receiving the email, you agree that you will respond or agree to the acceptance of the website. You also agree that after 03 (three) days, from the time the email is sent by ADSMO without a response from you, the website is accepted. ADSMO, in its rights and obligations, will notify you of the acceptance email by phone or text message but that does not mean we always do so. You acknowledge and agree that checking emails, including in the spam folder, is your right and obligation to ensure your rights;
● After the website is accepted, the official test run is completed, and you are allowed to run your website on the main domain name (if you have one).
11. Payment Terms
11.1 – You are responsible for paying all fees and taxes applicable to the Premium Services in a timely manner using a valid payment method.
11.2 – Payments shall be made by credit card, debit card, PayPal, or financial institution account (hereinafter referred to as the “Payment Method”) for all charges to your account with ADSMO. Your Payment Method will be charged for the applicable fees for the Premium Services on the date you click the “Order” button during the ordering process. The Premium Services provided by ADSMO are subject to recurring payments. You agree that ADSMO may automatically charge your Payment Method at the beginning of each recurring period (or up to 30 days before your domain name expires).
For example, if you select a Premium Service with a 12-month plan, you will be billed on a twelve (12) monthly basis on the date you click the “Purchase” button. In the case of domain names, you may be billed approximately 30 days before your domain name expires – this is subject to the Domain Registrar’s renewal terms (which are not subject to ADSMO’s jurisdiction).
11.3 – In all cases, you acknowledge and agree that any credit card and related billing and payment information you provide to ADSMO may be shared by ADSMO with companies acting on ADSMO’s behalf, such as payment processors and/or credit agencies, solely for the purposes of credit checking, processing payments to ADSMO to service you. The terms of your payment will be based on the Payment Method you select and may be determined by an agreement between you and the financial institution providing that Payment Method.
11.4 – You agree to pay ADSMO all charges incurred under your account for any Premium Services used. If your Payment Method becomes inactive or your account becomes delinquent, (a) you agree to pay all charges due to ADSMO upon demand, (b) ADSMO may, in its sole discretion, suspend or terminate your Premium Services or your Account with ADSMO, including deleting your Member Site from ADSMO.
12. Cancellation and Termination Policy
12.1 – Your membership to our Premium Services will continue until you cancel your subscription. Cancellations are made at the end of the agreed subscription period. Except as provided in our Money Back Guarantee, we do not provide refunds for unused time. This Cancellation Policy applies to all Premium Services except Domain Names. Please see “Domain Name Policy” for more information.
12.2 – To cancel your Premium Services, please email: info@adsmo.vn. We will contact you to confirm before proceeding with the cancellation of the service.
12.3 – ADSMO may suspend or terminate your use of the Service at any time, when we discover that you have violated the terms of use during your use of the ADSMO service.
12.4 – ADSMO will attempt to provide you with prior notice of suspension or termination of the Services by sending an email, but ADSMO is not obligated to do so.
12.5 – You remain responsible for all your activities through the Services prior to termination, and the performance of your obligations you, including, without limitation, paying all amounts you owe during your use of the Website or Services and/or ADSMO Web Application prior to termination or discontinuation of the Services.
12.6 – You agree to pay all costs and expenses (including attorneys’ fees) that ADSMO may incur to (1) collect amounts owed by you under this Agreement or (2) to initiate legal proceedings to resolve disputes regarding your breach if they arise.
12.7 – In the event of unilateral termination of the provision of premium services by ADSMO without your fault, We will refund the remaining credit to you after deducting the credits that have been activated such as promotional codes, coupons, …
12.8 – The User shall be refunded the amount paid for the use of ADSMO’s premium services after deducting taxes as prescribed by the Socialist Republic of Vietnam, domain name registration fees, domain name transfer fees, and the value of any credits that have been activated. If the value of the credits you have purchased exceeds the price of the paid service, you will not receive a refund.
13. Taxes
You are responsible for paying any taxes that may arise from your use of ADSMO’s services. Upon request, you will promptly provide ADSMO with the relevant receipts and/or certificates as soon as reasonably possible. To the extent ADSMO is required to collect such taxes, applicable taxes will be added to your billing account.
14. Money Back Guarantee Policy
14.1 – ADSMO provides paid services to users. Most paid services include a Money Back Guarantee policy within 07 days from the date of website creation, except for non-refundable payments.
14.2 – When there is a request to cancel the service for any reason, you will only receive a refund within 07 days from the date of website creation. ADSMO will not process refunds for cases exceeding the 07-day period mentioned above.
14.3 – The 07-day Money Back Guarantee Policy does NOT apply to payments for the following purposes: Purchase of a private domain name, transfer of a Domain Manager, accompanying premium Email services, activated credits such as promotional codes, coupons, etc. Users will be refunded the amount paid for using ADSMO services, after deducting taxes as prescribed by the Socialist Republic of Vietnam, domain registration fees, domain name transfers, and deducting the value of any activated credits. If the value of the credits you have purchased exceeds the price of the paid service, you will not receive a refund.
Refund time and method:
● The refund will be processed immediately upon receipt of a valid request from you. At the same time, the refund processing process will not exceed 02 (two) working days;
● You must deliver the contract liquidation record to ADSMO before receiving a refund;
● The method by which you paid for the order will be the method by which you received the refund. You can pay via: Smartlink, Paypal, bank transfer, or at Unikery LLC office. With refund methods through ADSMO’s third party partners, you may be charged a transfer fee;
● If requested, you can receive cash directly at the company office.
15. Domain Name Terms
15.1 – You are the legal owner of the domain name you register. You agree to pay all taxes and fees associated with your domain name registration to us. We will make reasonable efforts to contact you before your domain name registration expires and provide you with options to renew your domain name registration.
15.2 – If ADSMO is unable to contact you using the information you provide, we are not responsible for the loss of your domain name. ADSMO reserves the right to change the price of domain name registrations at any time. You cannot refund or change your domain name once it has been registered.
16. Intellectual Property Rights
16.1 – All intellectual property rights subsisting in the Website belong to ADSMO or are legally licensed to ADSMO Joint Stock Company for use, accordingly, all legal rights are guaranteed. Unless otherwise agreed by ADSMO, the User is not allowed to use, copy, publish, reproduce, transmit or distribute in any form, any part of the intellectual property rights for the products and services stated in this agreement.
16.2 – We have full rights, including but not limited to copyrights, trademarks, trade secrets, trademarks and other intellectual property rights in the services on the ADSMO Website. The use of our rights and property must be approved by us in advance in writing. Except as permitted in writing, we do not grant any other license, whether express or implied, for you to exercise the above rights. And therefore, the User has no right to use our products for commercial purposes without our prior written permission.
16.3 – The ADSMO logo on your website is understood as ADSMO’s brand identity, the existence of the ADSMO logo will ensure that your website will be warranted throughout the service period. On the contrary, when you arbitrarily remove the ADSMO logo, without our approval, it means that you agree that we are not responsible for the warranty for your website. However, when you use ADSMO’s premium service with the premium package, you can request us to remove the ADSMO logo on your website while you still ensure the warranty rights.
17. Disclaimer
17.1 – In any case, ADSMO is not responsible for the equipment and machines you use to access our website such as: Access equipment, transmission equipment. When using the service, You must provide the necessary machinery and equipment for the login and transmission process and You must bear all responsibilities and costs incurred during the use.
17.2 – ADSMO will not be responsible for any actions or omissions of third parties, including but not limited to, your financial institution, any payment system, any third party service provider, any telecommunications service provider, Internet access points or data centers or computer equipment or software, any mail service or delivery service or for any circumstances beyond the control of ADSMO (including but not limited to, fire, flood, other natural disasters, war, riot, strike, civil or military action, defective equipment, computer virus, intrusion or attack by a third party, or interruption of electricity; telecommunications; other utility services).
17.3 – ADSMO does not guarantee the exclusion of factors that may harm your use of the service, including but not limited to the following factors: Intentional acts of infringement and damage from third parties, or Viruses. We do not guarantee the provision of the service without any malfunctions, malfunctions or other problems that may affect it.
17.4 – There may be factors beyond our control that may result in product failure. We will try to fix product errors to bring satisfaction to customers and we are not responsible for supporting or compensating customers for the above risks and damages (if any).
17.5 – You agree to protect, indemnify and exclude Us from legal obligations, proceedings, losses, costs including but not limited to court fees, attorney fees, consultants related to the settlement or arising from your violation during the use of our products.
18. Contact information
For all information and support requests, please send to the email address: info@adsmo.vn
19. Law and authority
Any problems arising during the use of this Service shall be promptly notified by the Parties and actively resolved on the basis of negotiation, conciliation, equality and mutual benefit. In case the dispute cannot be resolved by conciliation methods, the Parties shall bring the dispute to a competent Court in Vietnam for settlement
20. Notice and Procedure for Complaining Copyright Infringement
20.1 – If you believe that anything on the Site or Services infringes on an Intellectual Property Right that you own or have licensed to use, you may file a notice of such infringement with our Authorized Agent as instructed below.
● Contact address: 22 Pho Moi, Thuy Son commune, Thuy Nguyen district, Hai Phong city.
Phone number: 0356.105.488
E-Mail address: info@adsmo.vn
20.2 – The content of the complaint for intellectual property infringement includes:
Authorization document of the owner of the intellectual property object for the authorized person to resolve the infringement;
Evidence proving and clearly identifying the intellectual property object that has been infringed; clearly state the Member Website.
Clearly identify the content that is alleged to be infringing or is the subject of infringing activities that need to be removed or disabled, and the information must be sufficient in quantity for us to identify such content;
Contact information of the complaining party: Phone, address, email;
A written commitment from the complaining party that the User’s use of intellectual property objects is without the permission of the intellectual property owner;
A written commitment that the information in the Complaint is accurate, the complaining party is authorized to act on behalf of the The owner of the intellectual property rights is fully responsible for the act of false declaration.
20.3 – We will notify the User of the claim of intellectual property infringement in the following forms: General notice on the Website or send a document to the User via email or registered mail.
20.4 – If the User account violates the intellectual property terms through the User sending a notice to ADSMO, if the result shows that You have violated, depending on the severity of the incident, ADSMO may limit access to the Website and/or terminate the account of any User.
21. Service Renewal Regulations
21.1 – You or the service manager designated by you (for businesses and organizations) are responsible for proactively monitoring information on the operating status and validity period of products and/or services registered for use at ADSMO.
21.2 – Service renewal will only be performed when ADSMO receives the full service fee. The renewal will be completed within 01 day from the time ADSMO receives the full renewal service fee.
21.3 – Customers proactively contact ADSMO and proceed with the renewal, paying the service fee 10 days before the expiration date.
ADSMO cannot and will not be responsible or compensate for any consequences or damages arising from your failure to comply with this provision.
Terms last updated on March 10, 2020
