TERMS OF SERVICE

Article 1: General Provisions

When you use the information and services of Everest Global Joint Stock Company (EVG), including our apps, websites, API-linked pages, iframes, as well as online forums and community platforms, you are deemed to have accepted this Terms of Service agreement, including any subsequent amendments. Each individual service may also be subject to its own specific usage terms, depending on the nature of that service.

In the event of any conflict or inconsistency between the provisions of the Terms of Service and any signed and sealed service contract or official document between an authorized representative of EVG and you (the Customer), or the organization/business you represent, the provisions of the service contract shall prevail.

Article 2: EVG’s Services

The services that EVG provides to you include all services publicly announced on EVG’s official website and may be amended or supplemented from time to time (hereinafter referred to collectively as the “Services”).

Upon your agreement to and compliance with Vietnamese law and this Agreement, EVG will grant you a non-exclusive, non-transferable, and non-assignable right to use EVG’s services, systems, and infrastructure for the duration of this Agreement.

To use EVG's services/products, you are required to have a valid login account created in accordance with EVG's policies. You understand and agree not to disclose your account or password information to any party or individual, whether intentionally or unintentionally, and must take all reasonable and necessary measures to protect your account.

If you suspect or detect unauthorized access or a potential compromise of your account, you may immediately change your password or notify EVG to initiate the appropriate procedures to temporarily suspend your account and minimize potential damages, in accordance with EVG's customer support and complaint resolution process.

Article 3: Collection, Use, and Protection of Customer Information

We are committed to protecting your personal information in accordance with applicable laws and regulations. This policy explains what data we collect, how we use it, and how we secure it.

By using our website or services, you agree to the terms outlined in this policy.

This policy is specifically governed by EVG's Personal Data Processing Policy for members.

Article 4: EVG’s Responsibilities and Limitations

• EVG is responsible for operating and performing necessary tasks to ensure the provision of services in accordance with the service quality standards published in EVG’s Service Level Commitment.
• EVG proactively performs maintenance, repairs, and servicing of its products and services. In cases where such maintenance or servicing requires service interruption or suspension, EVG will notify the customer in advance and ensure that the downtime complies with the Service Level Commitment.
• For clarity, maintenance and repairs do not include fixing services/products provided by third parties or issues arising from customer-installed programs on virtual servers, network services, operating system software, or force majeure events.
• EVG will take reasonable measures to protect data and server security but does not guarantee absolute protection in the event of hacker attacks, unauthorized access, or hardware failures from manufacturers, and is not liable for any resulting data loss.
• If the user violates payment obligations or any stated terms, EVG reserves the right to suspend or terminate services immediately without prior notice.
• EVG will not refund service fees in cases where service is suspended or terminated due to user violations, unless EVG is at fault and unable to continue providing the service.
• EVG bears no liability for any loss, legal liability, or damages arising from customer errors.
• To enhance and further develop its services, EVG reserves the right to add features, issue updates, upgrades, or apply software patches at any time.
• In addition to the above limitations, if EVG becomes legally liable for any reason, the maximum compensation shall not exceed the most recent service fee paid by the customer.

Article 5: Customer Responsibilities and Rights

• You are fully responsible, including legal responsibility, for all actions carried out through your account during service usage. EVG shall be exempt from any liability for losses arising from leaked account or password information.
• You must ensure and be responsible for the accuracy of all information and data provided during account registration and service use.
• You are responsible for ensuring that all information and data you upload, store, transmit, distribute, broadcast, or install through/on EVG’s products/services do not violate laws, intellectual property rights, or the rights of any third party.
• You are responsible for securing your system to prevent unauthorized access to EVG’s service infrastructure via your network.
• You must not use or allow any third party to use the connection tools or devices provided by EVG for any purpose other than those permitted under this Agreement. If unauthorized access to EVG’s system is detected, EVG reserves the right to suspend the service and demand compensation for any actual damage incurred.
• You must not misuse or exploit EVG’s services to carry out any illegal activity.

Regarding the service of server and storage services:

• You must use EVG’s websites, server services, or other services for legal purposes and are solely responsible for all usage. Specifically:
  • You may not post, link, or transmit any of the following content: Any content that is unlawful, threatening, fraudulent, hateful, misleading, defamatory, obscene, offensive, identity theft–related, or otherwise prohibited in any form. Content that incites or promotes criminal activity or infringes on intellectual property rights (e.g., patents, trademarks, copyrights, designs) or other legal rights of individuals or organizations.
  • You must not send spam emails via EVG servers or networks, or host websites that rely on spam.
  • You may not use software or programs that overload the system, consume excessive CPU/memory resources, or degrade performance.
• You are responsible for maintaining and safeguarding data stored on your servers.
• You may not use EVG’s brand name, logos, or service marks without prior written consent.
• Any use of services that violates the limitations defined in this Agreement may result in suspension or termination of access to EVG’s services. All service fees paid will not be refunded in such cases.

Article 6: Payment

Service charges include applicable taxes and fees as stipulated by law. Depending on the selected service package and the agreement between the Customer and EVG, payment may be made either before or after the service is activated.

For services with prepaid payment:

• The service you requested will be activated only after you have completed full payment.
• Any prepaid amount paid to EVG is non-refundable under any circumstances.
• For services charged based on usage volume, you must ensure timely payment before the volume limitation is reached to avoid service disruption.

For services with postpaid payment:

• The customer must make payment on time as agreed with EVG. In case of late payment, EVG may suspend service without any liability and the customer shall be liable for late payment interest of 0.05% per day on the overdue amount, calculated from the due date until EVG receives full payment (including interest).

Invoices:

EVG will issue valid financial invoices in accordance with the law based on the information provided by the customer.

Article 7: Prohibited Acts

(Pursuant to Article 5 of Decree No. 72/2013/ND-CP)

It is prohibited to use Internet services and online information for any of the following purposes:

• Opposing the Socialist Republic of Vietnam; undermining national security, public order, and social safety; disrupting national unity; promoting war, terrorism; inciting hatred or conflict among ethnic groups or religions.
• Spreading, inciting violence, obscenity, depravity, crime, social evils, superstition, or content contrary to national traditions and customs.
• Disclosing state secrets, military, security, economic, diplomatic secrets, or other classified information as defined by law.
• Publishing false, slanderous, or defamatory information that damages the reputation of organizations or the dignity and honor of individuals.
• Advertising, promoting, or trading prohibited goods and services; disseminating banned journalistic, literary, artistic, or publishing works.
• Impersonating organizations or individuals and spreading fake or misleading information that infringes on the lawful rights and interests of others.
• Illegally obstructing the provision and access to legitimate information and the use of lawful Internet services by organizations and individuals.
• Illegally obstructing the operation of Vietnam’s national domain name server system “.vn” and the lawful activities of Internet and information service infrastructure.
• Unauthorized use of passwords, encryption keys, personal or organizational data, and Internet resources.
• Illegally linking to legitimate domain names, creating, installing, distributing malicious software or computer viruses; unlawfully accessing or hijacking information systems; developing attack tools on the Internet.
• Any other prohibited acts under the laws of Vietnam also apply.

Article 8: Domain Name Disputes

• Disputes concerning the ".VN" domain will be resolved according to the regulations of the Vietnam Internet Network Information Center (VNNIC).
• Disputes concerning international domain names will be handled in accordance with the regulations of the relevant top-level domain authority (ICANN or related organization).

Article 9: Termination and Suspension of Services

This agreement may be terminated before its expiration in the following cases:

• You and EVG mutually agree to terminate the contract or the Terms of Service before its scheduled end date.
• Either you or EVG is subject to dissolution or bankruptcy as decided by a competent State authority.
• You commit any act prohibited under this agreement or Vietnamese law.

If you violate your payment obligations or any other terms stated in this agreement, EVG has the right to immediately suspend or terminate the service without prior notice.

EVG will not refund any fees in cases where service termination is due to user violations, unless EVG is at fault and unable to continue providing the service.

EVG has the right to unilaterally terminate the provision of services and shall not be responsible for any data loss or fee reimbursement in the following cases. In such events, the customer will be fully liable before the law and responsible for any damage caused to EVG:

• Using virtual machine (VM) resources for VPN purposes to anonymize identity or compromise system security.
• Misusing EVG’s Internet services to oppose the Socialist Republic of Vietnam, threaten national security, disrupt public order, divide national unity, promote war, terrorism, religious hatred, or disseminate obscene, violent, superstitious, or socially harmful content.
• Disclosing state, defense, security, economic, diplomatic secrets, or spreading false information that defames individuals or organizations.
• Impersonating entities or individuals; spreading false or misleading content; creating illegal links to legitimate domains; distributing malicious software, viruses; unlawfully accessing EVG’s network systems.
• The customer is fully responsible before the law for all information stored, transmitted, or distributed online. Personal information must be protected in accordance with the law, and access is only permitted by competent state authorities.
• Customers are only allowed to operate content aggregation websites or social networks if they obtain proper licenses from authorized government agencies.
• Customers must strictly comply with all legal regulations on Internet usage, service contract terms, and Decree No. 72/2013/ND-CP on the management, provision, and use of Internet services and online information.

Article 10: Violation Handling

• EVG reserves the right to apply any legal measures permitted under Vietnamese law if you violate any of the provisions in this Terms of Service.
• This agreement shall be governed by the laws of the Socialist Republic of Vietnam.
• Any act resulting in liability or dispute related to these Terms of Service shall be resolved by a competent People’s Court in accordance with the law.

Article 11: Enforcement

• All future announcements and notices published on EVG’s website and services shall be considered integral parts of this Terms of Service.
• If any provision in the Terms of Service, or any future announcement or notice, is deemed unlawful, invalid, or unenforceable, that provision shall be considered severable and shall not affect the validity or enforceability of the remaining provisions.
• These Terms of Service shall take effect from April 20, 2025.