Terms of Use

2017-04-18 15:18:09

CONTENTS

I. General Provisions

II. Accounts

III. Regulations of Using Internet Service

IV. Your Rights and Obligations

V. The company ’s Rights and Obligations

VI. Privacy and Protection of Other Personal Information

VII. System Interrupt or Breakdown

VIII. Scope and Limits of Responsibilities

IX. Entire Agreement   

X. Protection of the Trademark and Property Right

XI. Governing Laws and Dispute Resolution

 

Internet Service (hereinafter referred to as “the Service”) refers to the cloud computing products and services provided by Us Hechuang Technology LLC. (hereinafter referred to as “the Company” ) to its users of Internet Platform. This agreement shall be concluded and signed between you and the Company.

I. General Provisions

1. You shall confirm: you shall, before starting to use the Service, fully read, understand and accept the whole content of this agreement, for once you choose “agree” to complete the registration, start the procedure or use the Service, you agree to abide by all the clauses hereof. 

2. You shall agree: the Company shall have the right to make unilateral amendments to this agreement as well as relative service regulations, service content, product instructions, product functions and other aspects thereof at any time, and publish such amendments by means of one or more of sending information, website notice, group sending SMS or other methods, with no need to inform you thereof individually; such amendments or adjustments shall not be considered as the Company’s violation of the clauses hereof. If you continue to use the Service after such amendments of the content hereof being published, you shall be considered as having fully read, understood and accepted the amended content hereof and will use the Service in accordance therewith. If you don’t agree the amended content hereof, you shall stop using the Service immediately.

3. You shall admit: this agreement shall be governed by the existing laws and regulations of United States of America and their amendments at any time. The service content and standards of the Company shall not be ruled out by the laws of your residing countries or regions. If any provision hereof is against the laws and regulations of your residing countries or regions, both Parties shall agree to apply to the laws and regulations of United States of America as the only governing law. 

4. You shall proclaim: you shall, when you agree to accept this agreement and register yourself to become a user, be natural persons, corporate entities or other organizations or fully authorized by such who enjoy the full capacity for civil rights and civil conducts provided by relevant laws. Otherwise, you shall terminate the registration or stop to use the Service immediately. 

5. You shall promise: any usage of the products and services here under shall abide by the provisions of relevant laws and regulations, accord with the requirements of social public morality and infringe no legal rights and interests of any third party. If any third party claims any compensation or right due to any usage, you shall take full responsibility and make sure the Company and any relevant shareholder, member of the board of directors or manager at any level shall not be involved or take any responsibility. As for any loss caused thereby to any third party, the Company shall take no responsibility or make no promise for any joint or related compensation. 

II. Accounts

1. Registration

You shall, before using the Service, register to get your Internet Platform account (hereinafter referred to as “the account”), and agree and warrant that: 

(1) When you complete the account registration or activation process, you shall, in accordance with the requirements of the laws and regulations, follow the instructions of relevant websites to provide and timely update your information, which shall be real, timely, complete and accurate. If the Company has reasonable reasons to question your information to be false, unreal, outdated or incomplete, the Company shall have the right to send to you a notice of inquiry and/or correction requirement and shall have the right to directly delete relevant information, suspend the registration, suspend the account and even stop or cease to provide part of or all services to you. The Company shall take no responsibility for the service suspension, discontinuation or termination caused thereby and you shall bear any consequence caused thereby. 

(2) You shall correctly provide and timely update such contact information as email, telephone number, address and postal code, in order for the Company to make effective contact with you. If the Company can’t contact through such contact information, you shall be fully responsible for any losses or any added fees caused in the process of you using the Service. You shall understand and agree that you shall have the obligation to make sure the validity of your contact information provided and make updates in accordance with the requirements of the Company in necessary.

2. Account Safety

You shall be responsible for every operation concerning your account and its password and every speech given under your account. You shall agree that:

(1) You shall enjoy the right of using your account provided by the company only; you shall be responsible for your Internet Platform account and only you yourself can use your account; if you transfer, bestow or authorize the right of using your account to other people, the Company shall be notified in written form and the successor shall obtain the legal right to use the said account until the Company agrees therewith and the said successor signs this agreement; otherwise, The company shall have the right to suspend or terminate all services provided to you without bearing any responsibilities at any time. 

(2) Since the Company will recognize your instruction through your username and password, therefore you shall take good care of your username and password and any loss or consequence caused by the exposure of the password shall be undertaken by you yourself only. You shall warrant not to reveal your account and password to anyone, and not to use anyone else’s Internet Platform account and password. 

(3) If you find any situation where other people have stolen or illegally used your account and password or any other illegal authorization, you shall notify the Company immediately and effectively and request the Company to suspend relevant services. At the same time, you shall understand there will be a reasonable period before any action taken in accordance with your request, and therefore the Company shall not be responsible for any loss caused by any implemented instructions before that period. 

(4) If you forget your account name or relevant password, you shall make contact with the Company in time and retrieve your password or reset your password in accordance with the instructions of the platform website. 

3. Account Cancelation 

The Company shall retain the right to cancel your account or suspend or terminate the provision of services to you if you violate any law or regulation of the nation or the region or go against the clauses of the Service.

III. Regulations of Using Internet Service

In order to guarantee your legal rights and interests of using the Service, you understand and agree to accept the following regulations: 

1. The content of this agreement, the instructions about the exchange operations appearing on the Website or the messages sent to your mobile phones by the Company (in the form of short messages or phones, etc.) in the process of your using the Service shall be considered as the relevant regulations for your using the Service and your continuing to use the Service represents your agreement with and acceptance of the said regulations. You shall understand and agree that the Company shall have the unilateral right to amend the said regulations without your consent. The Website instructions in the process of you using the Service (including but not limited to group sending SMS, telephone notice, website announcement and others) shall serve as the norm of the service regulations. If you want to use the Service, you shall agree to abide by these service regulations.

2. The Company may inform you of the service progress and notice for the next step operation by email (including but not limited to group sending SMS, telephone notice, website announcement and others), but the Company shall not make sure that you may receive or timely receive such email (including but not limited to group sending SMS, telephone notice, website announcement and others) and shall not be responsible for any consequence caused thereby. Therefore, you shall, in the process of service, timely login in on the Website to check and make operations. The Company shall not be responsible for any dispute or loss caused by your failure to timely check, modify or confirm the service status or provide relevant applications.

3. If you use the Service, the Company shall have the right to charge service fees in accordance with relevant service charge price bill, order and/or relevant agreements. The Company shall have the right to stipulate and adjust the service charge. Concrete service fees shall be based on the charges listed on the platform website when you use the Service or other agreements concluded and made by and between you and the Company. 

IV. Your Rights and Obligations

1. You shall have the right to enjoy the Internet technology and information service provided by Internet Platform, and to get such services (including technological support, consultancy, etc.) as are provided by Internet Platform. More information about services and prices can be seen on the introduction to relevant products of the platform website. 

2. You shall warrant that: you are qualified for the performance of this agreement in accordance with necessary requirements provided by laws and regulations; if any legal responsibilities or harmful consequences are caused by the lack of such qualification, you shall bear the entire responsibility and the Company shall, at the same time, suspend or terminate services provided to you. 

3. You shall acknowledge that: you shall, in accordance with Regulation on the Protection of the Right to Network Dissemination of Information, Measures for the Administrative Protection of Internet Copyright and other laws and regulations, record the relevant information of online users and, make backup copies of the record and preserve them for 90 days in accordance with laws and regulations, and provide them for the lawful check by state authorities.

4. You shall respect the property rights and other legal rights of the Company and other third parties and warrant to do everything possible to protect the Company and its shareholders, employees, partners or others from any influences or losses caused by such infringements of the said rights and interests. The Company shall reserve the right to terminate services for you and return no fund of any kind to you in case of your infringements of the lawful rights and interests of the Company. You shall be fully responsible for the losses caused by your violations of laws or infringements to the Company or its other clients.

5. You shall confirm that the contact information you provide is accurate. In case of any consequences caused by the incorrect contact information or the safety or stability problem of the email you provide to receive mails from the Company, you shall bear the entire responsibility, including but not limited to any consequences or losses caused by your failure to receive relevant notices from the Company in a timely way. 

6. You shall agree to use the service charging and data searching system provided by the Company. If you have any doubt about the charge and data, such cannot become the reason for you to suspend or stop to perform this agreement or the obligation of payment. You shall pay the service charge in time and shall have the right to get invoices for your service expenses. All kinds of expenses, amounts, prices, taxes or others involved in this agreement shall not include added-value tax or other taxes not included in the price. If the Company shall, in accordance with the state policy requirement to replace the business tax with an added-value tax, turn from a business tax payer to an added-value tax payer, relevant added-value tax or other taxes not included in the price shall be calculated separately and paid accordingly; however, the Company will, before the accomplishment of the tax replacement, offer you invoices for the service expenses in accordance with the existing tax system.

 

7. You shall have the right to inquire the products, services, prices and others involved herein. Once you choose to use these products and services, we will consider that you have no doubts and you have acknowledged to forsake any claim due to such doubt. 

8. You shall know that you can pay for the products and services by credit cards or account pre-payment. If you choose to pay by means of account pre-payment, your account balance cannot be transferred or bestowed to other accounts on the Platform, and cannot be turned to or withdrawn in cash either.

9. You shall warrant that you will abide by the national and local laws and regulations, industry practices and social and public moralities in the process of using the Service and will not make use of the services provided by the Company to store, distribute and publish any of the following information and content:

(1) That is against the general principles established in the Constitution;

(2) That may jeopardize the national security, disclose national secrets, overthrow the state power, or destroy the national unity;

(3) That jeopardizes the national honor and interests;

(4) That stirs up hatred and discrimination among nationalities and destroys the unity of nationalities;

(5) That destroys national religion policies and advocates cults and superstitions;

(6) That is to spread rumors, disturb the social order and destroy the social stability;

(7) That is to distribute obscenity, pornography, gambling, violence, murder, terror or to encourage crimes;

(8) That insults or slanders others and infringes other people’s lawful rights and interests; 

You shall, at the same time, warrant that you will not make use of the services provided by the Company to conduct any illegal actions that damage the telecommunication network safety and the information safety or disturb the telecommunication market order. You shall be aware of the specialty of the internet, and therefore if your account and any use thereof cause damages to the lawful rights and interests of any third parties, the Company shall have the right to terminate the use of your account and preserve the right to make claims against you for any responsibility. 

You shall admit that the Company shall have the right to terminate the services and return no fund of any kind if you violate any of the above-mentioned agreements or the Company receives any request from the authorities or any lawful claim of any third party right owner. In case of any losses caused thereby, you shall make compensations. 

V. The company’s Rights and Obligations

1. The company shall provide to you proper network technology and information service chosen and paid by you. 

2. The company shall record necessary information according to the sevices you choose,and provide them when you need or the relevant government regulators proposed regulatory scrutiny, compliance, or to provide investigation.

3. The company shall warrant to keep secret all your information and not to disclose it to any third party or authorize any third party to use it, except:

(1) It can be provided in accordance with the clauses hereof or the provisions of other service agreements, contracts or online clauses concluded and reached between you and the company;

(2) It shall be provided in accordance with the provisions of laws and regulations;

(3) It is required to be provided by administrative, judicial or other authorities;

(4) It is agreed by you to be provided to third parties;

(5) It is submitted to solve any report incident or legal proceeding;

(6) It is necessary for the company to take reasonable actions to prevent serious illegal conducts or suspicious crimes;

(7) It is provided to third parties in order to provide to you products, services and information, including the situation where the company provides to you products, services and information through third parties’ technology and service;

(8) The websites of the company and all its affiliated companies shall have the right to use your information. 

4. The Company shall, within 24 hours after the day’s service, have the right to charge the service expenses in accordance with the situation of your actual use which shall be deducted from your account (credit card or pre-paid account). You shall pay timely attention to any change of your account amount (the balance of your credit card or pre-paid account), and if the balance of your account (or the balance of your credit card) is not sufficient, the Company shall have the right to immediately suspend or terminate to provide services to you. You shall, at the same time, charge your account to be able to pay the said service expenses within 24 hours after the suspension or termination of services, or the Company shall have the right to charge 0.3% of the overdue payment as penalties for every overdue day. 

VI. Privacy and Protection of Other Personal Information

Once you agree to accept this agreement or use the Service, you also agree that the Company can use and disclose your personal information in accordance with the following clauses: 

1. Account and Password

When you register yourself as a user of the Internet Platform, we will request you to set up your account and password to identify yourself. You can only use your account through your password, and, therefore, if you leak your password, you may lose your personal information of identification which may probably result in unfavorable legal consequences. If the account and password is under potential or actual risk due to any reason, you shall immediately make contact with the Company and you shall be completely responsible for all consequences caused by the leakage of the account and password.

2. Account Information

When you complete the account registration or activation process, you shall provide to the Company your real name, address, nationality, telephone number and email address, and you can also choose to fill in some other relevant information (including but not limited to the province and city where your company resides, its time zone and postal code, fax number, personal homepage and your own position). In order to provide you with new services and opportunities especially suitable for you, you shall know and agree to receive such information from the Company and its affiliated companies or other websites you log in by your email or mobile phone.

3. Bank Account Information

If the services provided by the Company require you to provide your bank account information, the Company will strictly abide by the privacy policy after receiving such information from you.

4. Login Record

In order to guarantee the safety of the Service you use and gradually improve the quality of Service, the Company will record and preserve relevant information about your login and use of the Service, but the Company promises not to provide such record to any third party (except otherwise agreed by both parties or provided by laws and regulations and excluding the affiliated companies of the Company). 

5. Advertisement

The Company will make comprehensive statistics about the status data of the Internet Platform users to be used or disclosed for the purpose of advertising, sales and bonus. 

6. External Links

On the Website are links to other websites for whose privacy policy the Company is not responsible. The Company may at any time add the websites of business partners or public brands if necessary. 

7. Safety

The Company shall take the relevant safety measures available at the moment to prevent the data of the Company from being lost, misused and altered. These safety measures include backing up data in other servers and encrypt the user password. In spite of these safety measures, the Company will not guarantee the absolute safety of this information. 

VII. System Interrupt or Breakdown

System may not function well due to the following problems, which make you unable to make use of any Internet service whose damages the Company shall not be responsible for, including but not limited to:

1. Telecommunication equipment breaks down, unable to transmit data.

2. Due to typhoon, earthquake, tsunami, flood, blackout, war, terrorist attack and other force majeure factors, the system of the Company breaks down, unable to execute businesses. 

3. The service is interrupted or delayed by hacker attack, virus invasion, technological adjustment or problem of the telecommunication department, website update, bank payment and other problems. 

VIII. Scope and Limits of Responsibilities

1. The Company is only responsible for the responsibilities listed in this clause.

2. The cooperators of the Service shall be responsible for the quality and content of the service provided thereby, for which the Company shall not be responsible for.

 3. If the service you purchased is not available due to reasons unaccountable to the Company or force majeure factors, it is not the responsibility of the Company; based on the characteristics of the Internet, the Company reminds you that you shall back up data from time to time for the Company will not be responsible for data loss, that the Company is not responsible for the unavailability of the service due to your own system adjustment or improper configuration or other reasons of yours, and that the Company is not responsible for the losses caused by any act or omission of any third party or the losses of any third party who receives the service of the Company indirectly through you. 

4. The Company shall not be responsible for any indirect, punitive, special and derivative losses related to or arising from this agreement (including but not limited to business losses, income losses, profit losses, data losses or other economic losses), no matter in what way, whether by the violation hereof (or the warranty hereof) or by infringement, in spite of being informed of the possibility of such losses. In addition, even though the provision of exclusive relief herein fails to accomplish its basic purposes, the Company shall not be responsible for any losses mentioned above.

5. If you website is under hacker attack from any third party website, you shall immediately communicate with the Company in order to ensure the quality of services, but you still have to pay the Internet flow or bandwidth caused thereby.

6. The Company provide fault control mechanism of fault monitoring, automatic recovery, guaranteeing timely processing cloud service failure and recovery. When the cloud service node failure occurs, the node will be replaced by other nodes automatically through local load balancer and global load balancer. When the whole cloud service failure occurs, the company will immediately notify the customer in accordance with the corresponding contingency plans for processing. 

7.The Company shall make sure the service you purchased is available. Combined with the relative characteristics of the service you purchased, the service may be available: you can visit or download the websites, files, stream media and other content under the domain name of the Internet Service; or the service may be unavailable: the remaining time, which refers to the total service time deducted by the available service time, is unavailable. 

8. If the whole website of the service you purchased is unavailable due to the Company’s own problems, the Company shall calculate the expenses by minutes (considered as one minute, when less than one minute), in order to exempt and reduce service expenses in accordance with the actual unavailable time from the total service expenses. The maximum amount reduced and exempted shall not exceed the due service expenses and shall not be calculated in any way continually into the next day. You shall agree that other than the previous agreement in this clause, the Company shall not be liable for any compensation due to unavailability of services. 

9. Unless otherwise provided, you shall, under any circumstance, agree that the Company shall be liable for compensations limited to direct economic losses and the total amount of compensation shall not exceed the total service expenses charged you of at the day.

IX. Entire Agreement  

This agreement shall be composed of the clauses hereof and all regulations published on the Website. Related nouns can be quoted and referred to mutually. If there is any different understanding, the clauses hereof shall prevail. 

You shall understand and recognize this agreement, which means every part of this agreement, and you and the Company shall be bound thereby once you use the Service.

If any part of this agreement is considered invalid by the court with jurisdiction, the validity of other parts shall not be affected. If any clause of this agreement is not executed, the execution of other clauses shall not be influenced.

X. Protection of the Trademark and Property Right

1. The Company or the affiliated companies of the Company shall legally own the legal property rights, including but not limited to trademark right, patent right, copyright, trade secret, etc. of all the content on the Website, including but not limited to works, pictures, files, information, data, framework and website design. 

2. Unless agreed by the Company or the affiliated companies thereof, no one shall use, modify, copy, publicly transmit, change, distribute, release or publicly publish any program or content on the Website without authorization.

3. It is your obligation to protect property rights, so you shall solve related problems by yourself, including but not limited to software copyright, application permission and so on, and the Company shall have no obligation to check and approve such work. When this agreement is signed, you are considered to have admitted the above-mentioned provision and have finished all related work. In case of any violation, you shall be reliable for any damages and the Company shall reserve the right to terminate this agreement. 

XI. Governing Laws and Dispute Resolution

1. The validity, interpretation, performance of this agreement and the dispute resolution shall be governed by laws and regulations of the People’s Republic of China, regulations of telecommunication administrative department and regulations of the computer industry.

2. Any dispute related to this agreement or the performance thereof shall be solved by mutual and amiable negotiation. If no agreement is reached, the dispute shall be brought to the people’s court with jurisdiction of the place where the Company is located.

3. You and the Company shall together confirm that the option to sign this agreement is completely equal and fair to both parties. Either can choose to sign or not to sign this agreement without force. This agreement is a representation of ideas after careful consideration by both parties. There is no situation where one party increases other party’s responsibilities or escapes from its obligations. Any party who signs this agreement or promises to abide by this agreement shall be considered to have forsaken the right to question the fairness of this agreement. 

Important notice: Any conflict occurred about the service terms and conditions between the Chinese and the English versions of the agreement, the English version of the agreement shares larger portion of the legal effect.