Dedicated Server--Terms of Service
"User" refers to the entity(including natural person, partnership, industrial and commercial
households) or organization (including company ,enterprise partnership and institutional
unit) using the service offered by independent server of www.net.cn (hereinafter referred
to as "HiChina", with its main office in Dongcheng District of Beijing) to connect the
internet, to accept the related technical and network support and comply with relevant
product operation requirements and service instruction.
User hereby assure that all the User’s information is true , accurate, complete and will not
include statements causing misunderstanding. The precondition for User to accept service
provided by HiChina is to accept the following clause.
User acknowledges clearly that the efficacy of its agreement is same to its signature and
stamp on a written version which has the same legal binding effect.
Article 1 Service
“Service” in this terms is::Hichina will provide the Virtual Dedicated Server with
international connectivity for user to set up the network station and other internet
application, and related technical and network support service.
Article 2 Rights and obligations binding both parties.
2-1 User’s rights and obligations
2-1-1 User, by remote login, manage its dedicated server, post content to the web and
establish other internet web application.
2-1-2 User cannot use the resources beyond the level of dedicated server it bought, use
the dedicated server as virtual host, and or lease disk space and use it as Proxy.
Otherwise, HiChina is entitled to adopt measures to call a halt, including but
not limited to closing dedicated server, limiting the network resource,
limiting the User to pay the overdue resource over-occupancy expenses.
User shall be liable to all the consequences caused hereof.
2-1-3 User promises not to:
2-1-3-1 Spreading E-Mail advertisement , junk mail（SPAM）: use the dedicated
server to spread a great deal of unwelcome or uninvited E-Mail, electronic
advertisement or the E-Mail including reactionary, erotic information and
promote its website, introduce or solicit business in there ways;
2-1-3-2 establish or use related equipments; place and run a great deal mechanism
or program occupying a lot of network bandwidth resource; causing
severe load to server (including but not limited to local and internet and
server within and out of China) or network of User of HiChina or other
Users of HiChina, affect HiChina, international internet, special internet,
server, and HiChina interior network.
2-1-3-3 anything damaging or try to damaging internet safety;
2-1-3-4 Other behavior beyond service coverage of service coverage or behavior
causing any adverse effect or the behavior prohibited by the nation.
2-1-4 User must abide by "Computer Information Network and Internet Security,
Protection and Management Regulations ", "Implementation rules for provisional
regulations of the administration of international networking of computer
information in China", "Regulations Of The Peoples Republic Of China For Safety
Protection Of Computer Information Systems", "Regulation on
Telecommunications of the People's Republic of China", " decision on
maintenance of internet safety by the Standing Committee of the National
People's Congress", "Administration of Internet Information Services Procedures",
" Ministry of Information Industry, Administration of Internet Electronic Messaging
Services Provisions", "Press Office of the State Council and Ministry of Information
Industry, Administration of Engagement by Internet Sites in the Business of News
Publication Tentative Provisions", "Management Measures for Transmitting A/V
Program over Internet and Other Information Networks", "Interim Provisions on
the Administration of Internet Culture" and other related laws and regulations. It is
not allowed to make, copy, publish and spread the information prohibited by laws
and regulations. User is not allowed to use the resource and service by
HiChina to upload, download, store, issue following information or content:
illegal political propaganda ,news , state secret ,feudalism, obscenity,
eroticism ,indecent material, subornation ,subornation , gambling, "private
server", "cheating program ", illegal internet publication , information
against national policy concerning ethnic groups and religion, information
affecting internet safety, lawful rights and interests of others, social
order ,security of society and public morality .User promises not to facilitate
anyone who issues the information going against the aforesaid regulation
and this agreement, including, but not limited to setting of URL URL and
BANNER. User agrees that HiChina is entitled to decide which information is
against this agreement and the relevant provisions according to its own
reticent judgment. User promises that it will modify the information on its
website within the time that Hichina requires once receiving the notice from
HiChina with an aimed to comply with national regulations and this
agreement, otherwise HiChina is entitled to terminate the service.
2-1-5 User shall be liable for its data on the server, password, secret code integrity and
security. The User shall be liable to all the loss and consequence if the
aforementioned data, password, secret code lose or leak.
2-1-6 User shall submit the staff list and contact information (include, but not limited to
effective electronic mailbox and phone number) concerning this agreement and
the management of the User's network and server to HiChina and offer necessary
help. If the above information need be changed, the user should modify on-line
and notice Hichina in timeThe User shall be liable to the consequences caused by
false, incomplete or inaccurate information and the above staff's performance or
2-1-7 User acknowledges that the intellectual property of all information, technology,
support, software and service provided by HiChina belongs to HiChina. Without
written consent by Hichina,the User has no right to duplicate, transmit, assign,
license or offer the resource to others, or else the User shall be liable to it.
2-1-8 If User's operative activity , by using service submitted by HiChina , need to
be recognized and approved by relevant department , the User shall go
through related procedures; if User open more than one website(10 at most)
on the dedicated server, it shall be make sure that all the website can get the
approval from the authority. If that is an end-User web site (it refer to the
entire website within the server space), non-business ICP shall be filed with
the authority; if the website is a business one. The User shall go through the
procedures of business ICP in the local communication management
department; if the website opens the electronic notice service (like the chat
room and the BBS) and news program, the User shall go through related
procedures, get the approval and registration. User shall make sure that
shall information submitted for record are true and effective and submit the
update information if that change. If the User violates this clause, HiChina
has the right to suspend or terminate all the service in this agreement and
the User shall be liable for all the consequences. If User's violation caused
loss (include, but not limited to penalty by Ministry of Industry and
Information Technology and other departments) to HiChina, User shall
2-1-9 User knows that one the application for dedicated server succeed, it does
not mean that the website can be published at once; the User has to finish
2-1-9-1 once received "Dedicated Server Application Notice"; the User shall log
in the HiChina file system and submit its file according to the requirements by
2-1-9-2 one the submitted information are checked and approved by HiChina
and corresponding communication directorate, User will get the File No. and
mark issued by Ministry of Industry and Information of PRC. Then the User's
server can publish the website by using the filed domain name.
2-1-10 After the application for dedicated server succeeded, HiChina will preserve space
for the User , so the User accepts that the period of service is counting from the
date that the dedicated service is registered successfully. The time spent in
going the procedures of website operation license and website file belongs to
period of service.
2-1-11 User must conform to "Administration of Internet Information Services Procedures ",
"Management Provisions on Electronic Bulletin Service in Internet" retain the
website access log, including information published, publication date, and
internet address and domain name. This log shall be available if the authority
need to check it. The User shall be liable to all the consequences if it fail to keep
the related log according to the requirements.
2-1-12 The operate systems and softwares
2-1-12-1 Hichina does not provide the Server Operating Systems and other related
softwares. The user need to buy, manage and maintain the Server Operating
Systems and other related softwares,and eliminate software faults.
2-1-12-2 User may require Hichina to install operate systems according to his business
development after the Dedicated service has successfully registered. But the
operate systems installed by Hichina are only confined to the legitimate opensoft
or the legitimate trial version of authentic softwares. The use of the related
softwares must follow the rules（following the open source licenses or registering
and activating upon request，for instance）of these softwares. Hichina is NOT
responsible for dedicated service being unusable owing to the violation on the
rules as above.
2-1-12-3 All matters and legal disputes that arise from the installation (by user or required
by user) and use （including but not limited using the softwares、 keys or activation
codes that illegally obtained ）of the softwares need to resolve by user himself.
The losses of Hichina therefrom should be compensated or remedied by user
2-1-13 User has no right to change the host hardware configuration.
2-1-14 User fully acknowledge that data backup is User's responsibility. Though
HiChina will configure the tools with function of regular backup, this does
not mean that backup is HiChina's responsibility. HiChina do not gurantee
that it will back up all the date on the User's web and assume no
responsibility to the back-up of User's web.
2-1-15 User should back up data within the term of the service whenever the service is
terminated or user does not renew. Hichina will reformat the servers when the
term has expired. Hichina is NOT responsible for data loss owning to the user’s
2-2 HiChina's rights and obligations.
2-2-1 The proprietorship of dedicated server in this agr eement belongs to HiChina and it
is responsible for the hardware configuration, server hardware maintenance and
removal of faults...
2-2-2 User acknowledge that dedicated server provided by HiChina is a sort of
management service. so, in order to learn about the status of the server, to
update and maintain the server, to assure the operation of the server, to
comply with "Administration of Internet Information Services Procedures ",
"Management Regulation on Internet Website", "Provisions on the Technical
Measures for the Protection of the Security of the Internet", "Regulation On
the Telecom Operation Licensing", the User allows HiChina to adopt
necessary technical measures to monitor and configure dedicated server
operation, website content and working procedure.
2-2-3 HiChina, in the spirit of good faith and responsibility, will try its best to adopt
technical measures, within the controllable scope, and protect User's data and
information on the dedicated server without leaking it to any third party except:
2-2-3-1 administration and justice department ask the HiChina to do so;
2-2-3-2 HiChina submit the information when settling the complaint and legal
2-2-3-3 HiChina offer the material to a third party upon Users agreement;
2-2-3-4 HiChina offer the material with a view to prevent offense against the law or
a suspected criminal act;
2-2-3-5 the material is offered according to the laws and regulations.
2-2-4 User is prohibited to cancel and destroy the configuration of the server (include, but
not limited to monitoring system configuration, the configuration of backup system),
otherwise, the User shall be liable to all the consequences and the damage
caused to HiChina. HiChina is entitled to hold the User responsible. Then it will be
deemed as the User giving up the service and suggestions by HiChina. Hi China
will terminate the service to the User. If the configuration is destroyed for non-User
reasons, HiChina will re-fix the configuration.
2-2-5 Remote assistance：
2-2-5-1 In order to improve the service, HiChina set an independent account
number (hereafter referred to as "this account") with same extent of
authority to the administrator's account with a view to help the User
through remote assistance.；
2-2-5-2 User is free to retain or delete this account. If the User retains the account,
it will be deemed as accepting the remote-assisted maintenance. If the
User fills a request, HiChina will use this account to log in the dedicated
server for maintenance. The User acknowledges that HiChina makes no
promises and guarantee for the specific way of remote assistance
(include, but not limited to the course and outcome of the remote
assistance). Therefore, the User shall be liable to all the consequences
caused by remote assistance.
2-2-5-3 If the User deletes the account after the server being put into operation,
HiChina will consider that the used do not need the remote assistance.
Then, apart from the restart of the server, HiChina will no longer provide
remote assistance to the User.
2-2-6 HiChina will hold training and technology consultation to help the User to use the
2-2-7 HiChina reserves the rights to terminate the User's right if User violate the
requirements in 2-1-2,2-1-3,2-1-4,2-1-7,2-1-82-1-92-1-11,2-1-12 and 2-1-13.In the
mean time, HiChina shall be free from any responsibility due to the User's violation
of 2-1-3 and/ or 2-1-4, installation of software and operation by the User and
influence caused by the information published by the User.
2-2-8 HiChina shall eliminate the hardware fault caused by non-man-made reasons, but
the faults caused by User and /or force majeure or factors beyond HiChina's
control range are for exception.
2-2-9 HiChina shall charge the User according to clause 8-7.
2-2-10 HiChina is entitled to, if necessary, to change the internet resource standard
according to the changed in the telecom market. once that standards
changed, HiChina will put a notice on www.net.cn to change the contents
modified and email the designated liaison person of the User.。If the User is
not agree with the modification, it shall notify HiChina in written forms
within 30 days after HiChina issuing the notice, then this clause will be
terminated. If HiChina cannot receive the notice from the User within 30
days, it will consider that the User received the service clause.
Article 3 Payment
3-1 User agrees to pay HiChina according to the price system of the available dedicated
server; see 8-7 for the expense standard.
3-2 the User shall fully pay HiChina upon receiving the service. If the parties want to
continue the cooperation after the expiration of the term of this agreement, User
shall pay for the dedicated server one month earlier to HiChina, and then the
cooperation can continue. If HiChina change the product system, name and price,
the parties agree to comply with the new product system, names and the price.
3-3 HiChina reserves the right not to offer the service and /or technical support to the
User or terminate the agreement before receiving the payment from the User.
3-4 The User enjoys the service by HiChina within the selected scope. If the User
occupies more resources and goes beyond the standard, HiChina is entitled
to terminate the service and ask the User to pay the extra fees; if the User
refuses to pay, it will be deemed as terminating this agreement.
3-5 User is fully aware that all the free service is the one-time special preference which
has no relationship with the service price. The modification, renewal and
maintenance of the free services are not free. The free service can not be converted
into price to pay the service. HiChina reserves the right of final interpretation for the
Article 4 Terms
4-1 Term of this agreement will be initiated upon the Dedicated Server is registered
successfully (not the day when User posts the website). The term will be confirmed
upon the full payment.
4-2 this agreement and the law shall prevail concerning the term of this agreement.
Article 5 Service termination and liability for breach of agreement
5-1 If the User wants to terminate this agreement during the term, it shall notice HiChina
one month earlier.
5-2 HiChina is entitled to terminate the service in the following cases:
5-2-1 The User violate the provisions of 2-1-2, 2-1-3, 2-1-4, 2-1-7,2-1-8, 2-1-9, 2-1-11 ,
2-1-12 and 2-1-13.
5-2-2 The User violates the laws and regulations, the guarantee and the promises;
5-2-3 User's application on the web causes large load to the server (includes, but not
limited to the over-use of ram and CPU resources in 2-1-3), so the related server is
affected or the network connectivity and stability of that server is endangered.
5-2-4 Matters and deeds affecting public network like computer virus, network invasion
and attack due to User's fault.
5-2-5 User should bear the legal liability and responsibility notwithstanding Hichina
terminates the service according to the terms. After the termination of the service,
the user still should pay resources use fee, penalty, compensation etc. （Including but
not limited the equipment maintenance costs, data and system recovery costs the
breach penalty, compensation, settlement fee, counsel fee, legal cost that recovered
by Hichina to the third party，and travelling, transportation, accommodation and
penalty of Hichina arising therefrom ）to Hichina
5-3 If this agreement is terminated in the cases of 2-2-4, 2-2-11, 3-4, 5-1 and 5-2, term of
service and expense shall be paid on a monthly basis (either it is less than one
month or not). In addition, the User shall pay three-month service fees as the
penalty. HiChina is entitled to deduct the penalty and resource occupancy expenses
(3-4) from the payment (residue service charge) by User and return the rest to the
User. If the User's payment is not enough, the user should make up within 7 days
after reveiving Hichina’s notice.,. The parties acknowledge that the payment of
penalty does not mean that HiChina has already or will abandon the right to hold the
User responsible. If User causes any loss to HiChina, HiChina is entitled to ask the
User for compensation.
5-4 If the User fails to pay extension fee on time, then the service will be terminated upon
the end of last payment term. HiChina will then close the server connectivity. 7 days
after the closure of network, if the User fails to pay, HiChina is entitled to delete all
the documents on the dedicated server and the User shall be liable for all the loss.
5-5 If User needs other service from HiChina during and after this term, negotiation
between the parties is needed.
5-6 If access speed fell due to HiChina configuration of the server, suspension of the
server for maintenance or Internet jam, User shall consider it as normal condition
and HiChina is not liable to it. Since the internet is very special, HiChina shall be free
from any responsibility caused by hacker, computer virus, network Invasion, attack,
and adjustment by telecom authority and government regulation.
5-7 HiChina shall be liable in the following cases:
5-7-1 If the HiChina server can not offer service for 6 or more than 6 hours, HiChina will
extend the service term by one day for every 6 hours.
5-7-2 If HiChina cannot provide the service for successive 72 hours and cause loss to the
User or HiChina server hardware fault causes loss to the User (cause beyond
HiChina's control is for exception), the User can terminate the service and claim for
loss. Indemnification total can not exceed the annual base fee of dedicated server.
5-7-3 User acknowledges again that if User violates 2-1-13, 2-2-3 and / or 2-2-4,
hindrance will be caused to normal hardware maintenance and failure recovery, and
then User shall be liable to all the losses and consequences.
5-8 HiChina is not liable to loss caused by third-party offence or delay to the User or
a third party.
5-9 HiChina is not liable to a third party using HiChina service through the User.
Article 6 Dispute settlement
6-1 The parties shall solve the disputes caused by this dedicated server service through
6-2 If the negotiation does not work, the parties agree to file a law suit to the people's court
where HiChina having its main office.
Article 7 Force majeure
7-1 If this agreement cannot be performed, become unnecessary or meaningless due to
force majeure or other accidents, the party suffered from force majeure and accident
assumes no responsibility.
7-2 Force majeure and accident refer to the big and objective events, unforeseeable,
unconquerable and unavoidable, causing damage to one party or the parties,
include, but not limited to natural disaster, flood, Earthquake, infectious epidemic
disease, War, disorder, act of government, Interruption of basic telecom routing line,
hacker attacks, Computer Virus Outbreak and network attacks.
7-3 User acknowledges that though HiChina has adopted necessary measures to
(will improve with technological advancement) defense it self from Network
Security matters (hereinafter refer to as "this matter") computer
virus ,computer virus internet invasion, and attack (include , but not limited to
DDOS ), the limitation, relativity and unpredictability of this matter will
endanger HiChina, the network and server of Users (include , but not limited
to local and international network, server), the connection among HiChina,
Internet and certain network , server and internal network of HiChina. Then
HiChina has to suspend or terminate the service. in this case, the service fee
will be calculated on the monthly basis (less than one month will be
considered as one month in calculation) and the rest will be refunded to the
Article 8 Other items
8-1 If any clause in this agreement is deemed as invalidate or unenforceable, other
clauses remain in force.
8-2 This agreement is governed by Law of P.R.C. and the regulations in computer
8-3 The parties are mutually liable to the business secrets (include, but not limited to
management information, know-how, source code and data bank).
8-4 If one party changes the notice, mail address or other contact information, the other
party shall be informed of the changes within one month, otherwise the party
changed the information shall be liable to all the losses and consequences caused
by the changes.
8-5 If HiChina go public, be acquired or merge with the third party and change the name,
User agrees that HiChina can assign its rights and obligation to the related recipient.
8-6 If this agreement or promises go against the related statement or agreement by
HiChina before, this agreement shall prevail.
8-7 Service specification , price explanation and form of application on the web of HiChina
(see http://www.net.cn/static/hosting/special.asp ）Are parts of this agreement and
having the same legal effect .
8-8 The terms are drawn up in English and Chinese Version. In the circumstances that
there are any disputes on understanding of any terms in this English version due to
Chinese and English version interpretation, the Chinese version should be the