era cloud server lease contract
Party A: | |
contact address: | postal code: |
Tel.: | mobile phone number: |
fax number: | business license (or ID number): |
Bank of deposit: | bank account number: |
Party B: Guangdong times Internet Technology Co., Ltd. | |
contact address: first floor, building 5, No. 599, Ningxi Road, Xiangzhou District, Zhuhai | contact number: 0756-2229988 |
Through friendly negotiation and in accordance with the relevant laws and regulations of China, Party A and Party B agree to place its website on the server provided by Party B that uses era cloud server technology on the Internet (also known as "era cloud server") and accept the relevant technology and network support services provided by Party B. The server is placed in Party B's network environment to provide information services for Party A. Party A shall purchase the right to use relevant software in accordance with the contract
1、 Rights and obligations of Party A
1. Party A can manage its website on its own, release information on the Internet through the website, and determine the content of information and the placement structure of files. Party A shall back up the data content placed on the host
2. Party A's operation related procedures shall be implemented according to Party B's effective service system list and specific requirements of service grade. Party B has the right to take any measures to stop the behavior of using the resources specified by the times cloud server beyond the grade purchased by Party A, including but not limited to closing the times cloud server, deleting relevant directories, files, programs, etc. all the consequences arising therefrom shall be borne by Party A, and Party B shall not bear the losses caused by Party A; Meanwhile, the fees already paid by Party A will not be refunded
3. Party A promises not to do the following:
(1) Spreading e-mail advertisements and spam: using times cloud server to distribute a large number of unwanted or unsolicited e-mails, electronic advertisements or e-mails containing reactionary, pornographic and other harmful information; Publicize, introduce or solicit business for the website placed on the server by distributing a large number of unwanted or unsolicited e-mails, electronic advertisements, etc
(2) Establish or utilize relevant equipment, configure and run programs or processes unrelated to the web server, including but not limited to providing online chat room services, online audio and video services and other behaviors, programs, processes or software beyond the application scope of the website, resulting in a large amount of server memory, CPU resources or network bandwidth resources being occupied, Bring serious load to Party B or other Party A's networks or servers (including but not limited to local, foreign and international networks, servers, etc.), affect the smooth communication between Party B and the Internet or between Party B and specific networks, servers and Party B's internal, or cause the servers of Party B or other Party A's websites to go down or crash
(3) Conduct any act that damages or attempts to damage network security
(4) Make any change or attempt to change the system configuration provided by Party B or damage the system security
(5) Run programs and processes that affect the normal operation of the website server or Party B's server
(6) Other acts beyond the service scope of Party B that may bring any adverse effect to Party B or those prohibited by the state
4. Party a must abide by the administrative measures for the security protection of computer information networks and international networking, the Interim Provisions of the people's Republic of China on the management of computer information networks and international networking, the regulations of the people's Republic of China on the security protection of computer information systems, the regulations of the people's Republic of China on telecommunications, the decision of the Standing Committee of the National People's Congress on maintaining Internet security, the administrative measures for Internet information services According to the provisions on the administration of Internet electronic announcement services, the Interim Provisions on the administration of Internet websites engaging in news publishing business, the administrative measures for the dissemination of audio-visual programs through Internet and other information networks, the Interim Provisions on the administration of Internet culture and other relevant national laws, regulations and administrative rules, no information prohibited by laws and regulations may be produced, copied, published or disseminated. Party A shall be fully responsible for any political and legal liabilities and economic losses caused to Party B due to the violation of the above provisions by its business activities and information released
(1) Party A shall not use the resources and services provided by Party B to upload, download, store and release the following information or content: political propaganda or news information in violation of national regulations; Information involving state secrets or security; Feudal superstition or obscene, pornographic, obscene information or information that instigates crime; Lottery prizes and gambling games; Illegal Internet publishing activities such as "private server" and "plug-in"; Information that violates national ethnic and religious policies; Information that hinders the security of Internet operation; Information that infringes upon the legitimate rights and interests of others or other information or content that is harmful to social order, public security and public morality
(2) At the same time, Party A promises not to provide any convenience for others to publish the above information content that does not conform to national regulations or the terms of this contract, including but not limited to setting URL, banner link, etc. Party A acknowledges that Party B has the right to determine whether the content published by Party A constitutes a violation of the terms of service or relevant national regulations according to Party B's own prudent judgment
(3) Party A promises to adjust the content on Party A's website after receiving Party B's notice to conform to national regulations or the terms of service, otherwise Party B has the right to choose to suspend or terminate the services under the terms of this contract, and the fees paid by Party A will not be refunded. At the same time, if Party A hands over the host to a third party for management and use, Party A shall require the actual user of Party A's host not to carry out the above activities. If Party B finds that Party A or the actual user of Party A's host is engaged in the above activities, Party B has the right to choose to suspend or terminate the service at any time, and the fees paid by Party A will not be refunded
(4) If Party A causes any loss or adverse effect to Party B due to the above-mentioned activities of Party A, Party A shall be liable for compensation; In case of any loss or adverse effect caused to Party B due to the above-mentioned activities of the actual user of Party A's host, Party A shall bear joint and several liability for compensation with its associated third party
(5) Party A shall be responsible for any security vulnerabilities and the consequences of such vulnerabilities caused by or related to Party A's own content, including but not limited to any viruses, Trojans, worms or other harmful programming programs contained in Party A's content
5. Party A shall be fully responsible for the consequences arising from the conduct or violation of Article 1 (3) or Article 1 (4), the problems caused by the self installed software and the operation, and the impact and consequences on the content of the published information, or Party B or relevant third parties. Party A agrees that the occurrence of the above events has nothing to do with Party B, and Party B shall not assume any responsibility or obligation for this or any third party
6. Party A shall be responsible for the integrity and confidentiality of the data stored on the server, as well as the password and password used to access and manage the server. All losses and consequences arising from the loss or leakage of the above data, passwords, passwords, etc. due to improper maintenance or confidentiality of Party A shall be borne by Party A
7. Party A shall submit to Party B the list and contact information of Party A's contact person for implementing the terms of this contract and the personnel managing Party A's network and server, and provide necessary assistance. Party A shall bear the consequences arising from the acts or omissions of the above personnel of Party A
8. Party A acknowledges that the intellectual property rights of any data, technology or technical support, software, services, etc. provided by Party B to Party A belong to Party B, and Party A has no right to copy, disseminate, transfer, license or provide others to use these resources, otherwise it shall bear corresponding responsibilities
9. If the business activities conducted by Party A using the services provided by Party B need to be recognized or approved by the relevant national departments, Party A shall obtain such recognition or approval. In particular, if Party A's website is a commercial website, it shall apply for a commercial ICP license at the local communication management department by itself; If Party A's website is a non-profit website, it shall go through the non-profit ICP filing procedures at the local communication management department by itself; If Party A operates electronic bulletin services such as BBS and news columns, it shall also obtain approval or go through registration and filing procedures in accordance with relevant laws and policies. If Party A fails to handle these procedures in time, Party A shall be responsible for all the consequences; Party A shall also bear all losses caused to Party B (including but not limited to fines imposed by the Ministry of information industry and other relevant departments). At the same time, Party A understands that Party B must interrupt or terminate the provision of all or part of the services under this agreement to Party A in accordance with national laws and regulations and the provisions and notices of the communication management department
10. Party A clarifies that the successful application of the times cloud server purchased by Party A does not mean that it can be used immediately. Party A shall also perform the following operations:
(1) After receiving the prompt of successful opening of Party B's era cloud server, log in to Party B's member zone in time, and submit the ICP business license information / website filing information of its website online according to Party B's requirements (obtain the filing number and filing mark issued by the Ministry of information industry)
(2) After the business license information / website filing information is confirmed by Party B, Party A will see the login name, password and IP of the administrator of the times cloud server purchased by Party A in the times cloud server management. At this time, the times cloud server purchased by Party A can be used (i.e., officially opened)
11. Since Party B will reserve the cloud server for Party A for opening at any time after Party A applies for the era cloud server, Party A acknowledges that the relevant period for handling the website operation license / website filing will be included in the service period purchased by Party A from Party B, that is, the service period purchased by Party A will be calculated from the opening date of the era cloud server product purchased by Party A online. br />
12. Party a must keep the access log records of its website in accordance with the provisions of the measures for the administration of Internet information services and the provisions on the administration of Internet electronic announcement services, including the published information content and its release time, Internet address (IP), domain name, etc. such records must be provided when the relevant state organs inquire according to law. Party A shall bear all responsibilities arising from its failure to keep relevant records as required
13. If Party A purchases "package" or "promotion" and other services including domain names, and the domain names cannot be returned once registered, Party B will refund the domain name fees after deducting the domain name fees from the service fees received. The domain name fee shall be subject to the list price of Party B's domain name at the time of purchase. If Party A purchases the "online shop" service, and the commercial license cannot be returned, Party B will deduct the commercial license fee from the service fee and refund it. The commercial license fee shall be subject to the bid price of Party B for the commercial license at the time of purchase
14. Party A shall pay the price as agreed in this contract and renew the time cloud server on time, and Party B shall not have the obligation to notify in advance
2、 Rights and obligations of Party B
1. In the terms of this contract, the ownership of the server where the host is located belongs to Party B, and Party B provides Party A with the right to use the times cloud server
2. Party A shall back up the relevant data on its era cloud server by itself. Party B shall not assume any responsibility for the data backup of Party A's host
3. Party B shall provide technical consultation and support
4. Party B reserves the right to terminate the operation of Party A's main engine due to Party A's violation of Article 2, 3, 4, 7 or 9 of paragraph 1. At the same time, Party B shall not be responsible for the consequences arising from Party A's conduct or violation of Article 3 or 4 of the first paragraph, the problems arising from Party A's self installed software and operations, and the impact and consequences on the content of the published information
5. Before receiving and confirming the business license information / website ICP filing information submitted by Party A, Party B has the right not to officially open Party A's host (that is, the host cannot be normally managed)
6. Eliminate the faults caused by Party A's non-human operation, except for the reasons of Party A, force majeure and matters beyond the control of Party B
7. Collect relevant fees and other fees as required
8. Party B has the right to modify the terms of service when necessary. Once the terms of service of Party B change, it will prompt the modification content on the relevant page. If Party A does not agree with the changed content, it may cancel the service it has obtained; If Party A continues to enjoy the service, it shall be deemed to accept the change of service terms
3、 Contract amount
1. Party A agrees to pay all fees according to Party B's currently effective time cloud server price system; Party A agrees that each scheme in Party B's time cloud server price system is independent and unalterable
2. Before accepting the service, Party A shall pay all the money to Party B in one lump sum. If both parties are willing to continue cooperation at the end of the service term, Party A shall pay relevant money to times cloud server one month before the end of the service term, so that the service can continue. However, if Party B adjusts the product system, name or price at that time, both parties agree to perform according to the new product system, name or price in effect at that time
3. Party B reserves the right not to provide services and technical support to Party A or terminate the above services and technical support until Party A has paid all the fees as agreed
4. If the products selected by Party A include complimentary service items, party a fully understands that all complimentary service items in Party B's price system are one-time special discounts provided by Party B in addition to the normal service price. The preferential content does not include the modification and update costs of the complimentary service items, and the complimentary service items cannot be discounted to offset the service price. Party B has the final right of explanation for the free email. There will be certain restrictions and limitations on the free mailbox compared with the charged mailbox. Meanwhile, Party B will not assume any responsibility for the failure to receive or send emails due to the particularity of the Internet, server maintenance, hackers, viruses and other reasons. If Party A has certain special requirements for the mailbox standard, please purchase the corresponding charging mailbox as required
4、 Contract term
1. The validity period shall be calculated from the date when Party A's products are opened, and the service period shall be confirmed based on the amount of money
2. In the following cases, the service period will be calculated as follows:
(1) Both parties agree to change it through negotiation
(2) Party a seriously violates the terms of service, and Party B terminates the service in advance
(2) Other periods agreed in the terms of service or stipulated by laws and regulations
3. If both parties need to continue to cooperate after the expiration of the contract, Party A shall remit the price of customized services to the account designated by Party B according to the new price standard in effect at that time before the expiration of the contract, and then the contract shall continue to be valid
5、 Service termination and liability for breach
1. During the service period, if Party A requests termination, it shall notify Party B one month in advance, but Party A shall pay corresponding liquidated damages to Party B. If Party A terminates this contract without authorization and causes losses to Party B, it shall also bear corresponding responsibilities
2. Due to Party A's fault, violation of laws or the provisions of this contract, Party B has the right to choose to suspend or terminate the services under the terms of this contract. The fees paid by Party A will not be refunded, and Party A shall be responsible for the losses arising therefrom
3. If Party B is unable to provide the services under the terms of this contract for a long time due to Party B's reasons, Party A has the right to choose one of the following methods to investigate Party B's liability for breach of contract:
(1) Require Party B to extend the service period by twice the actual number of days that it is unable to provide services
(2) Party B is required to compensate for the direct losses but only to the extent of the service fees involved in the times cloud server that cannot provide the actual number of days of service, and agrees that the total amount of compensation liability borne by Party B under the terms of service shall not exceed the total amount of the current service fees charged to Party A
4. If Party A fails to pay the renewal payment on time, the service will be terminated after the expiration of the validity period of Party A's previous payment. Party B will close party A's account at that time. If Party A still does not renew the account after 7 days from the date of closing the account, Party B will have the right to delete all documents in the account used by Party A, and all losses arising therefrom shall be borne by Party A
5. If Party A needs other services from Party B during or after the service period, both parties shall negotiate separately
6. If Party A's Application on the website brings an abnormally large load to the server, thus affecting the normal operation of the server where the website is located or the normal use of other Party A (including but not limited to the behavior of occupying a large amount of Party B's server memory and CPU resources described in Article 3 of the first paragraph), Party B has the right to shut down Party A's host, terminate the service, and the balance will not be returned
6、 Dispute resolution
1. All disputes related to times cloud server service shall be settled by both parties through friendly negotiation
2. If the negotiation fails, both parties agree to bring a lawsuit to the people's court where Party B is located
7、 Disclaimer
1. In view of the particularity of computers and the Internet, events caused by hackers, viruses, technical or policy adjustments of telecommunications departments, or Party B's short-term interruption of service for server configuration and maintenance, or the decline of Party A's server access speed due to the blocking of access on the Internet, are not Party B's breach of contract, and Party B shall not be liable for Party A's losses
2. Either party is unavoidable due to government bans, strikes, changes in currently effective applicable laws or regulations, floods, fires, explosions, lightning, earthquakes, storms, power outages, communication line interruptions, sabotage by others, hacking attacks, computer virus intrusions or attacks, technologies, policies of the telecommunications department, government regulations and other unforeseen factors, Both parties shall not be liable to each other for any insurmountable or uncontrollable force majeure event that affects the normal operation of the network and thus prevents the performance of this contract in whole or in part or delays the performance of this contract. The party suffering from force majeure shall take all necessary measures to reduce losses and negotiate to resume the performance of this contract after the event is eliminated, unless such performance is impossible or unnecessary
3. During the performance of this contract, Party B shall not be responsible for the losses of the third party indirectly receiving Party B's services through Party A
8、 Other conventions
1. The invalidity of relevant terms shall not affect the interpretation of the terms of this contract, the liability for breach of contract and the effectiveness of relevant agreements on dispute resolution
2. The terms of service of times cloud server are applicable to the laws and regulations of the people's Republic of China and the specifications of the computer industry
3. Either party has the obligation to keep the other party's business secrets (including but not limited to business and technical secrets, source codes, databases, etc.) confidential
4. If Party A changes the notice, mailing address or other contact information, it shall modify the changed address and contact information on Party B's website within three working days from the date of change; otherwise, the changing party shall be responsible for all the consequences; If Party B changes the notice, mailing address or other contact information, it will be publicized on the bulletin board of Party B's website
5. Due to Party B's listing, acquisition, merger with a third party, name change and other reasons, Party A agrees that Party B may transfer its rights and / or obligations to the corresponding recipients of Party B's rights / obligations
6. In case of any inconsistency or conflict between the relevant terms or agreements of cloud server services in this era and the relevant terms previously signed by both parties or the relevant statements of Party B, this shall prevail
7. The service description, price description, application form, etc. of times cloud server service provided by Party B on the relevant pages are an integral part of these terms and have the same legal effect as these terms
9、 Supplementary provisions
1. Party A and Party B shall fully perform this contract in the principle of good faith
2. In case of any inconsistency or conflict between the relevant clauses or agreements of this contract and the relevant clauses previously signed by both parties or the previous statements, this contract shall prevail; Except for the reservation agreed by both parties through negotiation
3. Party A hereby guarantees once again that it has fully read and understood the above terms of service of times cloud server, and voluntarily formally enters the application procedure of times cloud server, and is bound by all the above terms
10、 Era cloud server configuration
service items |
Single & nbsp; Price |
quantity |
service period (model) |
|
era cloud server: |
|
|
|
|
CPU |
|
memory |
|
|
hard disk |
|
bandwidth |
|
|
machine room |
|
operating system |
|
|
payment method: |
|
payment method |
|
|
total contract price: |
|
|||
contract validity: |
|
|||
remarks: |
|
Party A: (seal) | Party B: Guangdong times Internet Technology Co., Ltd. (seal) |
signature of authorized representative: | signature of authorized representative: |
date: | date: |
Letter of responsibility for information source network access security < / strong> < strong> < / strong>
This security responsibility statement is applicable to the information source responsible units that use the virtual host, host leasing, host hosting, leased line leasing and other businesses of Guangdong times Internet Technology Co., Ltd. to engage in Internet information services, as well as the information source responsible units or individuals that cooperate with each website platform of Guangdong times Internet Technology Co., Ltd. The information source responsible unit shall ensure to abide by the following provisions:
< br />
1、 Abide by relevant national laws, administrative regulations and management rules, and strictly implement information security management regulations
2、 It is not allowed to use Internet services to engage in illegal and criminal activities endangering national security and divulging state secrets, and it is not allowed to make, copy, release and disseminate information containing the following contents. If the following illegal and criminal activities and harmful information are found, they shall be reported to the relevant competent authorities in time
(1) Opposing the basic principles defined in the constitution
(2) Endangering national security, divulging state secrets, subverting state power and undermining national unity
(3) Harming national honor and interests
(4) Inciting national hatred and discrimination and undermining national unity
(5) Those who undermine the state's religious policies and propagate cults and feudal Superstitions
(6) Spreading rumors, disrupting social order and undermining social stability
(7) Disseminating obscenity, pornography, gambling, violence, murder, terrorism or instigating crimes that are explicitly prohibited by the state
(8) Insulting or slandering others
(9) Infringing upon the lawful rights and interests of others
(10) Other contents prohibited by laws and administrative regulations
3、 In accordance with the relevant provisions of the measures for the administration of Internet information services (Order No. 292 of the State Council), the information source responsible unit shall handle the licensing procedures for business Internet information service users and the filing procedures for non business Internet information service users. For users who intend to start electronic announcement services, they shall submit special applications or special records
4、 The information provided by the responsible unit of the information source must comply with the national laws and policies on intellectual property rights. Users shall be responsible for their business qualifications, content and copyright of information released, and shall be fully responsible for political, legal and economic disputes arising from the information they operate
5、 The information source responsible unit shall establish effective information security and confidentiality management system and technical guarantee measures, and accept the management, supervision and inspection of relevant business competent departments. Guangdong times Internet Technology Co., Ltd. has the right to check the information content publicly disclosed by the information source responsible unit through browsing, and requires the information source responsible unit to modify and delete inappropriate information content
6、 In case of violation of the above provisions, Guangdong times Internet Technology Co., Ltd. has the right to take necessary measures to close the access channel of relevant information sources. If the circumstances are serious, the cooperative business will be suspended and the legal responsibility of the responsible unit of information sources will be investigated. This letter of responsibility will come into effect after being signed by the responsible unit of the information source and will be included as an annex to the relevant business agreement or cooperation agreement
User unit seal:
Signature of user's authorized representative:
mm / DD / yyyy