COMMITMENT TO COMPLY WITH INTELLECTUAL PROPERTY PROVISIONS
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(According to the amended Law on Intellectual Property in 2022 and Decree No. 17/2023/ND-CP guiding the Law on Intellectual Property)
Article 1. Subjects of application
1.1.
Services subject to blocking measures: on-demand digital content storage services/on-demand digital content storage rental services include but are not limited to virtual server services, iGuide Cloud, dedicated server rental, server colocation (DC) rental.1.2.
Other services: in case of receiving a request to prevent intellectual property infringement, iGuide will not suspend the service but will forward the information to the Customer and the original Supplier (if any).Article 2. Commitment to prevent intellectual property infringement
2.1.
iGuide always complies with the provisions of the State law on intellectual property and requires all Customers (including Buyers and Service Users) to commit not to use the services provided by iGuide (hereinafter referred to as "Services") to commit acts of intellectual property infringement. Accordingly, at any time or at iGuide's sole discretion, if there is a notice fromcompetent state agency or Third party rightsIn case the Customer's use of the Service has/is/will infringe intellectual property rights, iGuide will proceed as follows:a.
Within 04 hours from the time iGuide receives notice from the State agency or a third party with rights, iGuide will send a notice to the Customer about blocking/stopping the provision of the Service (via email or hard copy) to comply with regulations on intellectual property rights; at the same time, block/temporarily stop the provision of the Service within 72 hours at the latest;b.
If the request to block the Service comes from a State agency: iGuide will only restore the Service upon receipt of notice allowing the restoration of the Service from that agency, or an equivalent competent authority;c.
If the request to block the Service comes from a private entity/third party with intellectual property rights or related rights: Within 72 hours of receiving iGuide's notice, the Customer has the right to object to the request by sending a hard copy of the Objection Letter, signed and sealed by the Customer's authorized representative to iGuide (or another form of equivalent value) along with evidence proving that the Customer does not violate intellectual property rights; iGuide will immediately restore the Service to the Customer within 04 hours of receiving this document;d.
The objection letter is considered as a guarantee document from the Customer that the Customer does not violate intellectual property regulations, as well as agrees to compensate iGuide and other related parties for any losses (if any) arising in connection with restoring the Service to the Customer;e.
If the Customer does not respond (by protest letter or equivalent document) within 72 hours from the time iGuide sends the notice, the blocking/suspension of the Service will continue for a maximum of 30 days. During this time, the Customer can send a request to extend the suspension period to resolve the complaint, and must ensure that the debt payment obligation is fully fulfilled. Before the end of the 05-day period, iGuide will send a final warning letter to the Customer about the risk of terminating the Contract. If the Customer does not respond or make any other requests, when the deadline comes, iGuide will have the full right to liquidate the Contract according to the regulations for unilateral termination of the Service due to the Customer's fault.2.2.
The Customer agrees that iGuide is only an intermediary Service provider, not a content publisher and has no obligation to approve, control, review, monitor, evaluate, or edit any content transmitted, stored, or published by the Customer on the Internet. The Customer is obligated and fully responsible before the law for complying with legal regulations related to the Customer's field of operation as well as regulations related to the transmission, storage, and publication of information on the Internet.Article 3. Provide information
To facilitate the complaint settlement process in case the complainant is a third party with intellectual property rights or related rights, iGuide has the right to proactively provide information about the subject name and tax code of the Customer to the complainant without being required to notify the Customer in advance about this.
Article 4. Disclaimer
GuestThe Customer agrees that iGuide is obligated to comply with the provisions of the law on intellectual property and has the right to block/suspend the Service as stipulated in Article 2 of this commitment. Accordingly, iGuide is exempted from all related responsibilities and is not obliged to compensate the Customer for damages arising during the process. Disputes and damages arising in connection with this will be resolved by the Customer with the complaining third party through conciliation or litigation. In case the complaint is unfounded, the Customer has the right to request compensation from the requesting party in accordance with the provisions of law.
