译文光环新网服务器托合
Contents
1 Server Hosting and CDN Service Agreement
2 Registration Form for the Server Hosting Service
3 Letter of Commitment for the Operation of the Telecom Services in accordance with the Laws
4 Supplementary Agreement on Network Information Security and Operation
5 Notice for the Access to IDC Equipment Room
6 Service Level Agreement for Server Hosting
7 Supplementary Agreement
Server Hosting and CDN Service Agreement
Party A
Address
Postal Code Fax
Party B Beijing Sinnet Technology Co Ltd
Address 2F Block A East Gate Plaza #9 Dong Zhong Street Dongcheng District Beijing
Postal Code 100027 Fax 64181819
Through friendly consultation Party A and Party B have reached the following agreement on matters that Party B provides server hosting and Content Delivery Network service (hereinafter referred to as CDN service)
Article 1 Party B agrees that Party A puts its information servers and other auxiliary equipment in the communications equipment room of Party B for Party A to conduct Internet computer information services Meanwhile Party B agrees to provide CDN service to Party A
Article 2 Obligations of Party B
（1）In accordance with the relevant telecommunication regulations and the business requirements of Filing before the access of the state Party B will assist Party A to prepare for the filing based on the server hosting application and related materials provided by Party A
（2）Party B shall provide for Party A a standard equipment room environment for Party A to set its information servers including among others cabinets airconditioner lighting humidity unstopped power supply and ESD flooring
（3）Party B shall provide for Party A access bandwidth of M to access the CHINANET of Party B
Party B shall provide for Party A IP addresses described as follows
IP address：
Mask：
（4）Party B shall provide M bandwidth acceleration service in area with the acceleration mode of
（5）Party B shall assist Party A with the equipment installation commissioning and domain name setting and truthfully inform Party A about the achieved functions after the CDN setting
（6）Party B shall be responsible for the routine maintenance of the information servers of Party A and the security of related equipment Special persons shall be arranged to attend the equipment on a 24×7 basis in order to ensure the proper operation of the information servers of Party A Party B shall also conduct routine maintenance and monitoring on the CDN nodes to ensure the regular CDN service for the servers of Party A
（7）Party B shall not bear any responsibility for the CDN service interruption caused by the fault of Party A’s server the CDN node debugging required by Party A or the testing of configuration required by Party A which turns out the configuration is irrational during the service period
（8）Party B shall allow a oneweek trial operation period for the server hosting for Party A and if the operation is normal Party A shall make due payment after one week In case Party B fails to deliver corresponding services in light of the agreement Party A shall be entitled to delay the payment or request the termination of the agreement and withdrawal of the equipment
（9）Party B has the right to monitor the information or accelerated content from Party A's servers in case of any illegal content or violations from the content provided by Party A that lead to legal action from relevant departments to Party A Party B shall have the right to terminate this contract and shall bear no legal or administrative responsibility resulting from it In case of Party B's server or node being blocked due to Party A's information or website not having the recognition authorization or registration from relevant government department Party B shall bear no responsibility and reserve the rights for claiming
Article 3 Obligations of Party A
（1） Party A should have relevant operation qualification and business license that comply with the relevant laws and regulations of the State
（2） To be engaged in journalism publishing education health care medicines and medical equipment culture radio film and television programs and other Internet information services that require preapproval documents Party A is required to provide the examination and approval documents of the provincial communications administration to Party B
（3） In case Party A operates forums or online chat related information contents shall conform to the provision of item (1) of Article 3 (Obligations of Party A) otherwise Party A shall bear all responsibilities
（4） If Party A operates advertising business it shall provide Party B with a copy of its advertising business license and shall get a license to operate information service in Beijing
（5） During the time of the agreement Party A shall provide copies of business licenses that pass the annual examination and the copies of all the license documents and certificates of annual examination required by the business scope to Party B In the case of the termination of the agreement by Party B due to the failure of annual examination of Party A Party A shall be responsible for the losses of Party B
（6） Party A should strictly abide by the Order of the People's Republic of China Ministry of Information Industry (No 33) and the Order of the People's Republic of China Ministry of Information Industry (No 34) Party A shall record all the IP addresses and site domains and ensure the authenticity and validity of the record Otherwise Party B is entitled to stop Party A’s services at any time in line with the requirements of relevant administrative authority
（7） Party A shall fill in the Registration Form for the Server Hosting Service truthfully
（8） Party A shall strictly observe provisions in the Commitments of Obligations of CHINANET Users and the Supplementary Agreement on Network Information Security and Operation
（9） The information servers and equipment of Party A shall conform to various technical interface indicators and the technical standards electric features and communications means of terminal communications of public posts and telecommunications networks and shall not affect the security of public networks
（10） In operating information services Party A shall abide by the Provisional Regulations of the People’s Republic of China on the Management of International Networking of Computer Information Networks and other pertinent national laws and regulations and shall not engage in any illegal business activities Information containing the following contents shall not be put on the network
Contents related to national secret and security
Contents related to feudal superstition and pornography
Contents that go against the nation’s ethnic policy and religious policy
Other contents that undermine the social order public security public morality and the lawful rights and interests of other people
（11） Party A shall undertake all the political obligations legal obligations and economic disputes incurred from operating information services and Party B shall not bear any responsibility
（12） Party A shall make due payment to Party B for the floor space maintenance and basic CHINANET port communications fee
（13） The services made available by Party A on the leased line provided by Party B and the mode of user terminals shall be the same as the services and networking mode as stated on the
CHINANET Service Registration Form for which Party B has the right to inspect and verify at irregular intervals Party A shall notify Party B in writing in advance of any of the following changes intended on the user terminal modes of the leased line provided by Party B
1) Changes made to the business nature (nonoperating or operating)
2) Changes made to the purpose of Internet access and the service contents available
3) Changes made to the website or the domain name
4) Changes made to the terminal equipment quantity or networking mode at both ends of the user
5) Subleasing the resources to third parties or sharing the leased line with other users
None of the abovementioned changes may proceed without prior consent of Party B otherwise Party B is entitled to suspend the leased line rented by Party A
（14） Without prior consent of Party B Party A shall not disclose information of the agreement including the prices to any third party otherwise it shall be held liable for the damages incurred by the said disclosure to Party B
Article 4 The definition of relevant service facilities and the ownership of the server：
（1） Party B provides the facilities for Party A to put its information servers in and the ownership of the facilities which provide CDN services belongs to Party B Party B provides the facilities for Party A to put its information servers in and the ownership of the facilities belongs to Party B
（2） Party A owns the information servers the information resources contained in the servers and the auxiliary equipment that it puts in the equipment room of Party B
（3）The list of hosted equipment and auxiliary equipment of Party A is as follows
Equipment Name
Equipment Type
Quantity
Article 5 Billing and Payment Method
（1） Payment method
Bandwidth
Port rental（RMB YuanYear）
Space occupied
Cabinet usage fee（RMB YuanYear）
Number of servers
Equipment maintenance fee（RMB YuanYear）
CDN service fee
Total (Yuan)
（2） Party A shall make a payment of (in Chinese characters) ( RMB) to Party B as the server hosting fee within one week after the completion of equipment installation and commissioning The other due payment shall be made within 5 working days when Party A receives the Payment Notice of Party B
（3） In case Party A fails to make due payment Party B shall send to Party A a Service Termination Notice and shall be entitled to terminate its service for Party A based on the timeline in the notice The service shall only be resumed after Party A makes full payment During the termination period Party A shall still be deemed to be using the lines properly and service term shall not be postponed
（4） The billing for each line starts from the date when the line is commissioned and opened by Party A and the date is referred to in the Work Completion Order
（5） In case of tariff policy adjustment by Party B the new tariff level shall be set based upon the consultation between the two parties
Article 6 Validity of the Agreement
（1）This agreement is valid for year from the date of
（2）This Agreement shall be terminated with the written application of one Party to the other 30 days in advance during the validity period The Party terminating the Agreement at will and causing damage to the other shall be held responsible for the losses and make compensation
（3）Upon the expiration of this Agreement if the servers of Party A shall remain under the hosting of Party B this Agreement shall remain in force
（4）If Party A does not renew the Agreement or fail to make payment for over one month Party B has the right to cease the online service of Party A If Party A does not fulfill the obligation to make payment for over three months Party B has the right to terminate this Agreement cease the service withdraw the equipments of Party B and demand for the arrears and penalties
（5）During the validity period of the Agreement a new agreement shall be signed or the Agreement shall be terminated according to the related policies and regulations if there is an adjustment on the national policies and regulations or due to Force Majeure
Article 7 Liabilities for Breach
Party B shall maintain the operation of the servers and the related network equipments of Party A according to the liabilities stated in the Agreement Party B shall make compensation to Party A for the failure of access to the servers of Party A according to the rules specified in the Service Level Agreement for Server Hosting The activities of Party A shall be bound by the liabilities for Party A stated in the Agreement If any losses incurred due to the breach of Party A Party A shall be held responsible and make compensation to Party B
Article 8 Exemption Clauses
Due to the features of the INTERNET Party A considers the slowing down of the line speed or the cut off of the line due to the network adjustment for a short time to be normal However the total period for the cutoff of the line within one month shall not exceed the time agreed in the Service Level Agreement for Server Hosting If the cutoff period exceeds the time agreed in the Service Level Agreement for Server Hosting (Force Majeure not included) within one month both Parties shall discuss on the compensation according to the situation of the malfunction and the rules set in the Service Level Agreement for Server Hosting Party B will not be responsible for the
interruption referred in Clause 7 of Article 2
Article 9 Alteration and Discharge of the Agreement
1 Matters not covered herein and occur during the term of this agreement shall be agreed by both parties in the form of a supplementary agreement All the supplementary agreements constitute integral parts of equal legal validity to this agreement In the case of conflict between provisions in the existing agreement with those in the supplementary agreement provisions in the supplementary agreement shall prevail The supplementary agreement shall come into effect as of the date of signature and official seal affixing by both parties
2 Any party applying for terminating this agreement before expiration of this agreement shall make a written request to the other party 30 days in advance and reach agreement with the other party The party applying for the termination shall pay the other party with lump sum compensation equivalent to __ of the total rental for the remainder months as calculated from the date of the said termination to the expiration of this agreement Both parties shall complete the terminating actions within four weeks after the said compensation has been paid
3 In the face of force majeure factors such as changes of state policies and laws and natural disasters both parties shall enter into another agreement or terminate their relations under this agreement pursuant to the changed policies and laws while neither party shall be liable to any economic compensation to the other party
4 If Party A fails to make payment by the agreed deadline Party B is entitled to terminating this agreement and requesting Party A to pay compensation as provided in Clause 2 of Article 8
5 This Agreement shall be extended automatically for successive one year terms unless either party has given a written notice in no later than one month from termination of this Agreement to the other party that this Agreement would not be extended beyond the end of its term
6 Both parties shall first of all settle any dispute arising from or in connection with the agreement by friendly negotiations Should such negotiations fail such dispute may be referred to the People's Court having jurisdiction on such dispute for settlement by either party
7 When the agreement is discharged Party A shall return to Party B the equipments deployed and owned by Party B If the equipment is damaged or missing Party A shall compensate Party B at the purchasing price of the equipment
Article 10 This agreement is in duplicate one for each Party both being equally authentic
Article 11 Appendixes to the Agreement
1 Registration Form for the Server Hosting Service
2 Letter of Commitment for the Operation of the Telecom Services in accordance with the Laws
3 Supplementary Agreement on Network Information Security and Operation
4 Notice for the Access to IDC Equipment Room
5 Service Level Agreement for Server Hosting
6 Supplementary Agreement
Party A Party B Beijing Sinnet Technology Co Ltd
Seal of the representative Seal of the representative
Date Date
Registration Form for the Server Hosting Service
Note Please complete the following form eligibly and completely so that we can at your service timely and effectively Please fill the blanks with None
Name
Address
Address for the correspondence
Zip code
Location of Internet access registration
Types of customer
□1 Individual □2 Enterprises □3 Army □4 Social Groups □5 Institution □6 Government Agency □7 Others (please specify)
Contact for leased line service
Name
Tel
Fax
Mobile
Position
Email
Network management
Officer
Name
Tel
Fax
Mobile
Position
Email
Contact for fee payment
Name
Tel
Fax
Mobile
Position
Email
Operation Type
□1 Nonoperating
□1 Daily office □2 Business data transmission (VPN) □3 Website link □4 Video conference □5 Others (Please specify)
□2 Operating
ICP No
Registration No
List of the domain name of the website (Attach the extra list for more space)
List of IP addresses
Type of services for the server hosting
Letter of Commitment for the Operation of the Telecom Services in accordance with the Laws
commits that
1 We shall use the CHINANET service in accordance with the laws regulations and the administrative bylaws
2 The CHINANET service shall not be used for criminal activities such as activities endangering the national security and releasing the national secret nor shall it be used to search copy and broadcast the obscene information or the information that may endanger the national security Such information should be reported to the administration if discovered
3 We shall use the CHINANET service in accordance with the international practice for the Internet and there shall be no malicious provocative files and commercial advertisements sent through this service
4 We shall make payment for the use of CHINANET service on the monthly basis to the telecom departments
5 We shall promote the laws and regulations on CHINANET made by the state and the posts and telecommunications administrations
6 Set up and improve the users' profiles strengthen the management and education for the users
7 With completed measures for confidentiality and management for the network security
8 Educate and supervise the employees to strictly observe the above mentioned articles
Seal of the user
Date
Supplementary Agreement on Network Information Security and Operation
According to the relevant provisions in the signed the IDC Server Hosting and CDN Services Agreement we hereby certify that
In operating information services Party A shall abide by the Provisional Regulations of the People’s Republic of China on the Management of International Networking of Computer Information Networks and other pertinent national laws and regulations and shall not engage in any illegal business activities Information containing the following contents shall not be put on the network
Contents related to national secret and security
Contents related to feudal superstition and pornography
Contents that go against the nation’s ethnic policy and religious policy
Other contents that undermine the social order public security public morality and the lawful rights and interests of other people
Party A shall undertake all the political obligations legal obligations and economic disputes incurred from operating information services and Party B shall not bear any responsibility
Party B has the right to monitor the information or accelerated content from Party A's servers in case of any illegal content or violations from the content provided by Party A that lead to legal action from relevant departments to Party A Party B shall have the right to terminate this contract and shall bear no legal or administrative responsibility resulting from it In case of Party B's server or node being blocked due to Party A's information or website not having the recognition authorization or registration from relevant government department Party B shall bear no responsibility and reserve the rights for claiming
Based on the above provisions on discovering any information from Party A involving in any above mentioned illegal information Party B shall immediately stop the access service for Party A in accordance with the relevant provisions of the government department and shall assist relevant administrative authority for investigations and handling Party B shall not bear any responsibility for the economic losses caused to Party A
Party A Party B
Date Date
Notice for the Access to IDC Equipment Room
1 Move inout the equipments by the old users
For the users who need to move in or out the equipments a Recommendation Letter is needed by the customer service department for the moving of the equipments The Recommendation Letter should state the reason for the moving the names of the operators the detailed list of the equipments (specify the type and quantity) and with official seals
After finishing the moving procedure the customer shall take the Registration Form for the Moving inout of the Equipments issued by the customer service department and the Recommendation Letter to the equipment room Our staff shall meet the customer there monitor the moving of the equipments and the access of the personnel and arrange the security staff of the equipment room to assist the customer to open the cabinet If the actual situation of the personnel and equipments of your company do not match the situation stated in the Recommendation Letter there might be some difficulty for us to cooperate
2 Daily maintenance and testing by the users
The maintenance personnel of the hosting customer shall take the Pass for the Equipment Room with them for the maintenance of the equipments Access permission shall be issued by the customer service department of our company for the maintenance personnel without the Pass but with a Recommendation Letter The Recommendation Letter shall state the names of the maintenance personnel the date of arrival and with official seals The maintenance personnel shall also present their ID cards received by the service personnel and make registration for the access to the equipment room for the maintenance operations
3 Access to the equipment room during the weekends and holidays
All the personnel intending to have access to the equipment room during the weekends and holidays shall apply in advance In case of an emergency the customer is only allowed to move in the equipments and make testing The equipment shall only be moved out during the working days after undertaking the relevant procedures
In case of an emergency the related sales personnel or technicians shall be informed about the moving in and testing of the equipments The customer shall only be allowed into the equipment room with a recommendation letter presented and after the sales personnel making contact with the customer service manager The related procedures shall be amended in the next working day
4 Pass for the equipment room
Each customer is entitled with only 2 Passes for the equipment room A Recommendation Letter (with official seals) shall be presented by the customer specifying the names and numbers of the ID cards of the personnel and with a oneinch picture (hatless) attached The customer shall inform us about the dismissing of the personnel Then we shall cancel the Pass for the personnel and make a new one for the substitute All the Passes shall be taken back with the withdrawal of the customer
Note the IDC Pass is for the pass holder only
Service Level Agreement for Server Hosting
Party A (hereinafter referred to as Party A)
Party B Beijing Sinnet Technology Co Ltd (hereinafter referred to as Party B)
This Service Level Agreement (this Agreement) by and between Party A and Party B through friendly consultations aims to regulate Internet businesses and relevant customer services provided by Party B and guarantee high service level Party A could enjoy by effective monitoring
This Agreement only deals with the quality of services provided to Party A and in connection therewith the liabilities for breach of Agreement
I Network Connectivity
1 Network Connectivity refers to connection availability between the network equipments and information systems of Party A hosted in Party B’s IDC and CHINANET Network Connection means the port allocated to Party A by Party B can be connected to CHINANET network Disconnection means the port above mentioned cannot be connected to CHINANET
2 Party B shall guarantee the connection of Party A’s equipment to CHINANET in 999 (999 percent) of the total period ie disconnection period counts less than 44 minutes (fortyfour minutes)
3 The service period provided to Party A shall be extended by ten times of the interruption in case Party B fails to keep the service level described in Para 2 Art I in any month
4 Party B shall count the total network Disconnection (by minutes) of each month as requested by Party A Network Disconnection includes the disconnection brought by Party B while excludes that unnotified within 3 days of occurrence and that arising out of
41 Network maintenance by Party B as requested by Party A
42 Any circuit or equipment failure of Party A
43 Any applications or installations of Party A
44 Any negligence of Party A or operations by Party B as authorized by Party A
II Continuity of Power Supply
1 Uninterruptable Power Supply means utility power or UPS provided to Party A by Party B maintains a continuous supply of electric power Power Failure is defined as loss of both utility power and UPS power
2 Party B shall guarantee 9999 (9999 percent) availability of uninterrupted power supply provided to Party A’s system
3 The service period provided to Party A shall be extended by ten times of the interruption in case Party B fails to keep the service level described in Para 2 Art I in any month
4 Power Outage Time includes the time of power failure (by minutes) brought by Party B while excludes that unnotified within 3 days of occurrence and that arising out of
41 Any circuit or equipment of Party A
42 Any applications or installations by Party A
43 Negligence of Party A or operations by Party B as authorized by Party A
III Initial Installation
1 The items of initial installation shall differ with the service selected by Party A and may include
11 Dedicated hosting
111 Server hardware installation and testing
112 Standard software installation and testing by Party B
113 Power supply installation
114 Network connection
12 Server Hosting
121 Power Supply Installation
122 Network connection
13 Dedicated Cabinet
131 Power supply installation
132 Network connection
14 Dedicated Equipment Room
141 Configuration of room floor and walls
142 Power supply installation
143 Network connection
144 Installation of constanttemperature and humidity equipments
2 Delivery of Initial Installation
21 Dedicated hosting within 3 business days upon signature
22 Server collocation within 1 hour after the arrival of Party A’s equipment following signature
23 Dedicated cabinet within 1 hour after the arrival of Party A’s equipment following signature
24 Time varies with different requirements
3 Should Party B fail to complete the initial installation as described under this Agreement here above Party B shall refund the installation charge to Party A
IV Emergency Report
1 The standard network management system will give Party A’s equipments a pingtest every 5 minutes In case Party A’s equipments make no response for two consecutive times Party B will assume services unenviable and deem it a state of emergency
2 Party B shall promptly contact the person concerned designated by Party A by means Party A has selected (telephone EMAIL fax or paging)
3 Party B shall have no right to perform any operations without prior authorization from Party A
4 In case of an emergency Party B shall have the right to monitor if the following applications are under operation in Party A’s system
41 WWW applications
42 EMAIL
43 FTP
5 Party B shall notify Party A of the unavailability of services within 15 minutes upon identification in accordance with Emergency Report
6 Party A shall provide Party B with accurate information of designated contacts to ensure timely communication
7 Party B shall assume no liabilities as described in Emergence Report for any failure to contact Party A’s staff arising out of outdated inaccurate contact information by Party A’s negligence or any force majeure contingencies (as defined hereafter under this Agreement)
8 Party B shall waive 1 day service charge of the month maximum once for each and every day as requested for its failure to perform any obligations described under Emergency Report
V Customer Service Representative
1 The customer service representatives of Party B shall provide Party A with the following services
11 Service Information
12 Initial installation application acceptance and progress feedback
13 Service alteration application acceptance and progress feedback
14 Complaints acceptance and settlement feedback
15 Payment consultation and acceptance
16 Configuration change application acceptance
2 Party B shall designate one representative for Party A with postsale service
3 The working hours of each customer service representative shall be 8301700 every business day
VI Technical Support
1 The technical engineers of Party B shall provide Party A with the following services
11 Server System Monitoring
12 Emergency Notification
13 Server operations upon authorization
14 Technical Consulting
2 Party B shall designate 2 engineers for Party A with postsale service
3 Engineers shall provide 7*24 services Tel 64182200
4 Party A shall authorize in writing Party B’s engineers to conduct operations relating to its servers and network equipments as appropriate
5 Party A shall designate in writing 12 authorized persons who shall have the exclusive right to authorize any server related operations by engineers of Party B
6 Written authorization shall not enter into force unless duly signed by the authorized person(s) of Party A who in case written form appears impossible can grant consent to the engineers of Party B by phone which shall be subject to recording Party A shall provide thereafter written authorization
VII Technical Operations
1 The technical engineers of Party B shall not conduct any operations unless duly authorized by Party A
2 Party B’s engineers shall give Party A the first feedback within 30 minutes following authorization and provide a handling report upon completion of the operation as authorized
3 Party B shall take no responsibility for any impact incurred on Party A’s network from or in connection with relevant operations authorized by Party A
VIII Feedback and Complaints
1 Party A shall have the right to make complaints in writing about Party B or its staff on the following aspects
11 Network quality
12 Quality of customer service
13 Quality of technical support
2 Party B has announced a dedicated line (010) 64181820 for complaints acceptance
3 Party B shall provide in writing the first Handling Report to Party A within 4 hours following accepting relevant complaints
IX Entry into IDC
1 The equipment rooms of Party B’s IDC are open to authorized users 247 and Party A’s staff can require entering the room for legal operations any time
2 Party A’s staff shall not be permitted to enter without showing to the Security valid certificate provided by Party B
3 Party A’s staff shall inform beforehand IDC operators of
31 Entry purposes
32 Specific activities (operations visits etc)
33 Estimated time in
34 Estimated time out
35 Supporting services needed (tool software accommodation etc)
X Force Majeure
1 For the purpose of this Agreement force majeure shall include
11 Natural disasters such as earthquakes typhoons floods etc
12 War strikes blackouts and governmental activities
13 Artificial damages to telecommunication lines or interruptions to CHINANET lines or equipments arising out of or in connection with testing and capacity expansion
Party B shall bear no responsibility for its failure to perform any obligations described under this Agreement arising out of any force majeure contingencies mentioned above
XI Miscellaneous
1 This Agreement shall be done in duplicate with each Party holding one copy
Party A Party B Beijing Sinnet Technology Co Ltd
Authorized Signature (Seal) Authorized Signature (Seal)
Date Date
Supplementary Agreement
Party A
Party B Beijing Sinnet Technology Co Ltd
Party A and Party B have reached the following supplementary agreement following negotiations
1． The Validity of the original agreement and this supplementary agreement is from to
2． This supplementary agreement shall be executed in two originals having the same legal effect as the body text herein
3． This supplementary agreement shall be effective immediately after signed and affixed with the official seal by legal representatives of both parties
Party A
Signature of authorized representative (signatureseal)
Date
Party B Beijing Sinnet Technology Co Ltd
Signature of authorized representative (signatureseal)
Date
程光：15001338606
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Contents
1 Server Hosting and CDN Service Agreement
2 Registration Form for the Server Hosting Service
3 Letter of Commitment for the Operation of the Telecom Services in accordance with the Laws
4 Supplementary Agreement on Network Information Security and Operation
5 Notice for the Access to IDC Equipment Room
6 Service Level Agreement for Server Hosting
7 Supplementary Agreement
Server Hosting and CDN Service Agreement
Party A
Address
Postal Code Fax
Party B Beijing Sinnet Technology Co Ltd
Address 2F Block A East Gate Plaza #9 Dong Zhong Street Dongcheng District Beijing
Postal Code 100027 Fax 64181819
Through friendly consultation Party A and Party B have reached the following agreement on matters that Party B provides server hosting and Content Delivery Network service (hereinafter referred to as CDN service)
Article 1 Party B agrees that Party A puts its information servers and other auxiliary equipment in the communications equipment room of Party B for Party A to conduct Internet computer information services Meanwhile Party B agrees to provide CDN service to Party A
Article 2 Obligations of Party B
（1）In accordance with the relevant telecommunication regulations and the business requirements of Filing before the access of the state Party B will assist Party A to prepare for the filing based on the server hosting application and related materials provided by Party A
（2）Party B shall provide for Party A a standard equipment room environment for Party A to set its information servers including among others cabinets airconditioner lighting humidity unstopped power supply and ESD flooring
（3）Party B shall provide for Party A access bandwidth of M to access the CHINANET of Party B
Party B shall provide for Party A IP addresses described as follows
IP address：
Mask：
（4）Party B shall provide M bandwidth acceleration service in area with the acceleration mode of
（5）Party B shall assist Party A with the equipment installation commissioning and domain name setting and truthfully inform Party A about the achieved functions after the CDN setting
（6）Party B shall be responsible for the routine maintenance of the information servers of Party A and the security of related equipment Special persons shall be arranged to attend the equipment on a 24×7 basis in order to ensure the proper operation of the information servers of Party A Party B shall also conduct routine maintenance and monitoring on the CDN nodes to ensure the regular CDN service for the servers of Party A
（7）Party B shall not bear any responsibility for the CDN service interruption caused by the fault of Party A’s server the CDN node debugging required by Party A or the testing of configuration required by Party A which turns out the configuration is irrational during the service period
（8）Party B shall allow a oneweek trial operation period for the server hosting for Party A and if the operation is normal Party A shall make due payment after one week In case Party B fails to deliver corresponding services in light of the agreement Party A shall be entitled to delay the payment or request the termination of the agreement and withdrawal of the equipment
（9）Party B has the right to monitor the information or accelerated content from Party A's servers in case of any illegal content or violations from the content provided by Party A that lead to legal action from relevant departments to Party A Party B shall have the right to terminate this contract and shall bear no legal or administrative responsibility resulting from it In case of Party B's server or node being blocked due to Party A's information or website not having the recognition authorization or registration from relevant government department Party B shall bear no responsibility and reserve the rights for claiming
Article 3 Obligations of Party A
（1） Party A should have relevant operation qualification and business license that comply with the relevant laws and regulations of the State
（2） To be engaged in journalism publishing education health care medicines and medical equipment culture radio film and television programs and other Internet information services that require preapproval documents Party A is required to provide the examination and approval documents of the provincial communications administration to Party B
（3） In case Party A operates forums or online chat related information contents shall conform to the provision of item (1) of Article 3 (Obligations of Party A) otherwise Party A shall bear all responsibilities
（4） If Party A operates advertising business it shall provide Party B with a copy of its advertising business license and shall get a license to operate information service in Beijing
（5） During the time of the agreement Party A shall provide copies of business licenses that pass the annual examination and the copies of all the license documents and certificates of annual examination required by the business scope to Party B In the case of the termination of the agreement by Party B due to the failure of annual examination of Party A Party A shall be responsible for the losses of Party B
（6） Party A should strictly abide by the Order of the People's Republic of China Ministry of Information Industry (No 33) and the Order of the People's Republic of China Ministry of Information Industry (No 34) Party A shall record all the IP addresses and site domains and ensure the authenticity and validity of the record Otherwise Party B is entitled to stop Party A’s services at any time in line with the requirements of relevant administrative authority
（7） Party A shall fill in the Registration Form for the Server Hosting Service truthfully
（8） Party A shall strictly observe provisions in the Commitments of Obligations of CHINANET Users and the Supplementary Agreement on Network Information Security and Operation
（9） The information servers and equipment of Party A shall conform to various technical interface indicators and the technical standards electric features and communications means of terminal communications of public posts and telecommunications networks and shall not affect the security of public networks
（10） In operating information services Party A shall abide by the Provisional Regulations of the People’s Republic of China on the Management of International Networking of Computer Information Networks and other pertinent national laws and regulations and shall not engage in any illegal business activities Information containing the following contents shall not be put on the network
Contents related to national secret and security
Contents related to feudal superstition and pornography
Contents that go against the nation’s ethnic policy and religious policy
Other contents that undermine the social order public security public morality and the lawful rights and interests of other people
（11） Party A shall undertake all the political obligations legal obligations and economic disputes incurred from operating information services and Party B shall not bear any responsibility
（12） Party A shall make due payment to Party B for the floor space maintenance and basic CHINANET port communications fee
（13） The services made available by Party A on the leased line provided by Party B and the mode of user terminals shall be the same as the services and networking mode as stated on the
CHINANET Service Registration Form for which Party B has the right to inspect and verify at irregular intervals Party A shall notify Party B in writing in advance of any of the following changes intended on the user terminal modes of the leased line provided by Party B
1) Changes made to the business nature (nonoperating or operating)
2) Changes made to the purpose of Internet access and the service contents available
3) Changes made to the website or the domain name
4) Changes made to the terminal equipment quantity or networking mode at both ends of the user
5) Subleasing the resources to third parties or sharing the leased line with other users
None of the abovementioned changes may proceed without prior consent of Party B otherwise Party B is entitled to suspend the leased line rented by Party A
（14） Without prior consent of Party B Party A shall not disclose information of the agreement including the prices to any third party otherwise it shall be held liable for the damages incurred by the said disclosure to Party B
Article 4 The definition of relevant service facilities and the ownership of the server：
（1） Party B provides the facilities for Party A to put its information servers in and the ownership of the facilities which provide CDN services belongs to Party B Party B provides the facilities for Party A to put its information servers in and the ownership of the facilities belongs to Party B
（2） Party A owns the information servers the information resources contained in the servers and the auxiliary equipment that it puts in the equipment room of Party B
（3）The list of hosted equipment and auxiliary equipment of Party A is as follows
Equipment Name
Equipment Type
Quantity
Article 5 Billing and Payment Method
（1） Payment method
Bandwidth
Port rental（RMB YuanYear）
Space occupied
Cabinet usage fee（RMB YuanYear）
Number of servers
Equipment maintenance fee（RMB YuanYear）
CDN service fee
Total (Yuan)
（2） Party A shall make a payment of (in Chinese characters) ( RMB) to Party B as the server hosting fee within one week after the completion of equipment installation and commissioning The other due payment shall be made within 5 working days when Party A receives the Payment Notice of Party B
（3） In case Party A fails to make due payment Party B shall send to Party A a Service Termination Notice and shall be entitled to terminate its service for Party A based on the timeline in the notice The service shall only be resumed after Party A makes full payment During the termination period Party A shall still be deemed to be using the lines properly and service term shall not be postponed
（4） The billing for each line starts from the date when the line is commissioned and opened by Party A and the date is referred to in the Work Completion Order
（5） In case of tariff policy adjustment by Party B the new tariff level shall be set based upon the consultation between the two parties
Article 6 Validity of the Agreement
（1）This agreement is valid for year from the date of
（2）This Agreement shall be terminated with the written application of one Party to the other 30 days in advance during the validity period The Party terminating the Agreement at will and causing damage to the other shall be held responsible for the losses and make compensation
（3）Upon the expiration of this Agreement if the servers of Party A shall remain under the hosting of Party B this Agreement shall remain in force
（4）If Party A does not renew the Agreement or fail to make payment for over one month Party B has the right to cease the online service of Party A If Party A does not fulfill the obligation to make payment for over three months Party B has the right to terminate this Agreement cease the service withdraw the equipments of Party B and demand for the arrears and penalties
（5）During the validity period of the Agreement a new agreement shall be signed or the Agreement shall be terminated according to the related policies and regulations if there is an adjustment on the national policies and regulations or due to Force Majeure
Article 7 Liabilities for Breach
Party B shall maintain the operation of the servers and the related network equipments of Party A according to the liabilities stated in the Agreement Party B shall make compensation to Party A for the failure of access to the servers of Party A according to the rules specified in the Service Level Agreement for Server Hosting The activities of Party A shall be bound by the liabilities for Party A stated in the Agreement If any losses incurred due to the breach of Party A Party A shall be held responsible and make compensation to Party B
Article 8 Exemption Clauses
Due to the features of the INTERNET Party A considers the slowing down of the line speed or the cut off of the line due to the network adjustment for a short time to be normal However the total period for the cutoff of the line within one month shall not exceed the time agreed in the Service Level Agreement for Server Hosting If the cutoff period exceeds the time agreed in the Service Level Agreement for Server Hosting (Force Majeure not included) within one month both Parties shall discuss on the compensation according to the situation of the malfunction and the rules set in the Service Level Agreement for Server Hosting Party B will not be responsible for the
interruption referred in Clause 7 of Article 2
Article 9 Alteration and Discharge of the Agreement
1 Matters not covered herein and occur during the term of this agreement shall be agreed by both parties in the form of a supplementary agreement All the supplementary agreements constitute integral parts of equal legal validity to this agreement In the case of conflict between provisions in the existing agreement with those in the supplementary agreement provisions in the supplementary agreement shall prevail The supplementary agreement shall come into effect as of the date of signature and official seal affixing by both parties
2 Any party applying for terminating this agreement before expiration of this agreement shall make a written request to the other party 30 days in advance and reach agreement with the other party The party applying for the termination shall pay the other party with lump sum compensation equivalent to __ of the total rental for the remainder months as calculated from the date of the said termination to the expiration of this agreement Both parties shall complete the terminating actions within four weeks after the said compensation has been paid
3 In the face of force majeure factors such as changes of state policies and laws and natural disasters both parties shall enter into another agreement or terminate their relations under this agreement pursuant to the changed policies and laws while neither party shall be liable to any economic compensation to the other party
4 If Party A fails to make payment by the agreed deadline Party B is entitled to terminating this agreement and requesting Party A to pay compensation as provided in Clause 2 of Article 8
5 This Agreement shall be extended automatically for successive one year terms unless either party has given a written notice in no later than one month from termination of this Agreement to the other party that this Agreement would not be extended beyond the end of its term
6 Both parties shall first of all settle any dispute arising from or in connection with the agreement by friendly negotiations Should such negotiations fail such dispute may be referred to the People's Court having jurisdiction on such dispute for settlement by either party
7 When the agreement is discharged Party A shall return to Party B the equipments deployed and owned by Party B If the equipment is damaged or missing Party A shall compensate Party B at the purchasing price of the equipment
Article 10 This agreement is in duplicate one for each Party both being equally authentic
Article 11 Appendixes to the Agreement
1 Registration Form for the Server Hosting Service
2 Letter of Commitment for the Operation of the Telecom Services in accordance with the Laws
3 Supplementary Agreement on Network Information Security and Operation
4 Notice for the Access to IDC Equipment Room
5 Service Level Agreement for Server Hosting
6 Supplementary Agreement
Party A Party B Beijing Sinnet Technology Co Ltd
Seal of the representative Seal of the representative
Date Date
Registration Form for the Server Hosting Service
Note Please complete the following form eligibly and completely so that we can at your service timely and effectively Please fill the blanks with None
Name
Address
Address for the correspondence
Zip code
Location of Internet access registration
Types of customer
□1 Individual □2 Enterprises □3 Army □4 Social Groups □5 Institution □6 Government Agency □7 Others (please specify)
Contact for leased line service
Name
Tel
Fax
Mobile
Position
Network management
Officer
Name
Tel
Fax
Mobile
Position
Contact for fee payment
Name
Tel
Fax
Mobile
Position
Operation Type
□1 Nonoperating
□1 Daily office □2 Business data transmission (VPN) □3 Website link □4 Video conference □5 Others (Please specify)
□2 Operating
ICP No
Registration No
List of the domain name of the website (Attach the extra list for more space)
List of IP addresses
Type of services for the server hosting
Letter of Commitment for the Operation of the Telecom Services in accordance with the Laws
commits that
1 We shall use the CHINANET service in accordance with the laws regulations and the administrative bylaws
2 The CHINANET service shall not be used for criminal activities such as activities endangering the national security and releasing the national secret nor shall it be used to search copy and broadcast the obscene information or the information that may endanger the national security Such information should be reported to the administration if discovered
3 We shall use the CHINANET service in accordance with the international practice for the Internet and there shall be no malicious provocative files and commercial advertisements sent through this service
4 We shall make payment for the use of CHINANET service on the monthly basis to the telecom departments
5 We shall promote the laws and regulations on CHINANET made by the state and the posts and telecommunications administrations
6 Set up and improve the users' profiles strengthen the management and education for the users
7 With completed measures for confidentiality and management for the network security
8 Educate and supervise the employees to strictly observe the above mentioned articles
Seal of the user
Date
Supplementary Agreement on Network Information Security and Operation
According to the relevant provisions in the signed the IDC Server Hosting and CDN Services Agreement we hereby certify that
In operating information services Party A shall abide by the Provisional Regulations of the People’s Republic of China on the Management of International Networking of Computer Information Networks and other pertinent national laws and regulations and shall not engage in any illegal business activities Information containing the following contents shall not be put on the network
Contents related to national secret and security
Contents related to feudal superstition and pornography
Contents that go against the nation’s ethnic policy and religious policy
Other contents that undermine the social order public security public morality and the lawful rights and interests of other people
Party A shall undertake all the political obligations legal obligations and economic disputes incurred from operating information services and Party B shall not bear any responsibility
Party B has the right to monitor the information or accelerated content from Party A's servers in case of any illegal content or violations from the content provided by Party A that lead to legal action from relevant departments to Party A Party B shall have the right to terminate this contract and shall bear no legal or administrative responsibility resulting from it In case of Party B's server or node being blocked due to Party A's information or website not having the recognition authorization or registration from relevant government department Party B shall bear no responsibility and reserve the rights for claiming
Based on the above provisions on discovering any information from Party A involving in any above mentioned illegal information Party B shall immediately stop the access service for Party A in accordance with the relevant provisions of the government department and shall assist relevant administrative authority for investigations and handling Party B shall not bear any responsibility for the economic losses caused to Party A
Party A Party B
Date Date
Notice for the Access to IDC Equipment Room
1 Move inout the equipments by the old users
For the users who need to move in or out the equipments a Recommendation Letter is needed by the customer service department for the moving of the equipments The Recommendation Letter should state the reason for the moving the names of the operators the detailed list of the equipments (specify the type and quantity) and with official seals
After finishing the moving procedure the customer shall take the Registration Form for the Moving inout of the Equipments issued by the customer service department and the Recommendation Letter to the equipment room Our staff shall meet the customer there monitor the moving of the equipments and the access of the personnel and arrange the security staff of the equipment room to assist the customer to open the cabinet If the actual situation of the personnel and equipments of your company do not match the situation stated in the Recommendation Letter there might be some difficulty for us to cooperate
2 Daily maintenance and testing by the users
The maintenance personnel of the hosting customer shall take the Pass for the Equipment Room with them for the maintenance of the equipments Access permission shall be issued by the customer service department of our company for the maintenance personnel without the Pass but with a Recommendation Letter The Recommendation Letter shall state the names of the maintenance personnel the date of arrival and with official seals The maintenance personnel shall also present their ID cards received by the service personnel and make registration for the access to the equipment room for the maintenance operations
3 Access to the equipment room during the weekends and holidays
All the personnel intending to have access to the equipment room during the weekends and holidays shall apply in advance In case of an emergency the customer is only allowed to move in the equipments and make testing The equipment shall only be moved out during the working days after undertaking the relevant procedures
In case of an emergency the related sales personnel or technicians shall be informed about the moving in and testing of the equipments The customer shall only be allowed into the equipment room with a recommendation letter presented and after the sales personnel making contact with the customer service manager The related procedures shall be amended in the next working day
4 Pass for the equipment room
Each customer is entitled with only 2 Passes for the equipment room A Recommendation Letter (with official seals) shall be presented by the customer specifying the names and numbers of the ID cards of the personnel and with a oneinch picture (hatless) attached The customer shall inform us about the dismissing of the personnel Then we shall cancel the Pass for the personnel and make a new one for the substitute All the Passes shall be taken back with the withdrawal of the customer
Note the IDC Pass is for the pass holder only
Service Level Agreement for Server Hosting
Party A (hereinafter referred to as Party A)
Party B Beijing Sinnet Technology Co Ltd (hereinafter referred to as Party B)
This Service Level Agreement (this Agreement) by and between Party A and Party B through friendly consultations aims to regulate Internet businesses and relevant customer services provided by Party B and guarantee high service level Party A could enjoy by effective monitoring
This Agreement only deals with the quality of services provided to Party A and in connection therewith the liabilities for breach of Agreement
I Network Connectivity
1 Network Connectivity refers to connection availability between the network equipments and information systems of Party A hosted in Party B’s IDC and CHINANET Network Connection means the port allocated to Party A by Party B can be connected to CHINANET network Disconnection means the port above mentioned cannot be connected to CHINANET
2 Party B shall guarantee the connection of Party A’s equipment to CHINANET in 999 (999 percent) of the total period ie disconnection period counts less than 44 minutes (fortyfour minutes)
3 The service period provided to Party A shall be extended by ten times of the interruption in case Party B fails to keep the service level described in Para 2 Art I in any month
4 Party B shall count the total network Disconnection (by minutes) of each month as requested by Party A Network Disconnection includes the disconnection brought by Party B while excludes that unnotified within 3 days of occurrence and that arising out of
41 Network maintenance by Party B as requested by Party A
42 Any circuit or equipment failure of Party A
43 Any applications or installations of Party A
44 Any negligence of Party A or operations by Party B as authorized by Party A
II Continuity of Power Supply
1 Uninterruptable Power Supply means utility power or UPS provided to Party A by Party B maintains a continuous supply of electric power Power Failure is defined as loss of both utility power and UPS power
2 Party B shall guarantee 9999 (9999 percent) availability of uninterrupted power supply provided to Party A’s system
3 The service period provided to Party A shall be extended by ten times of the interruption in case Party B fails to keep the service level described in Para 2 Art I in any month
4 Power Outage Time includes the time of power failure (by minutes) brought by Party B while excludes that unnotified within 3 days of occurrence and that arising out of
41 Any circuit or equipment of Party A
42 Any applications or installations by Party A
43 Negligence of Party A or operations by Party B as authorized by Party A
III Initial Installation
1 The items of initial installation shall differ with the service selected by Party A and may include
11 Dedicated hosting
111 Server hardware installation and testing
112 Standard software installation and testing by Party B
113 Power supply installation
114 Network connection
12 Server Hosting
121 Power Supply Installation
122 Network connection
13 Dedicated Cabinet
131 Power supply installation
132 Network connection
14 Dedicated Equipment Room
141 Configuration of room floor and walls
142 Power supply installation
143 Network connection
144 Installation of constanttemperature and humidity equipments
2 Delivery of Initial Installation
21 Dedicated hosting within 3 business days upon signature
22 Server collocation within 1 hour after the arrival of Party A’s equipment following signature
23 Dedicated cabinet within 1 hour after the arrival of Party A’s equipment following signature
24 Time varies with different requirements
3 Should Party B fail to complete the initial installation as described under this Agreement here above Party B shall refund the installation charge to Party A
IV Emergency Report
1 The standard network management system will give Party A’s equipments a pingtest every 5 minutes In case Party A’s equipments make no response for two consecutive times Party B will assume services unenviable and deem it a state of emergency
2 Party B shall promptly contact the person concerned designated by Party A by means Party A has selected (telephone EMAIL fax or paging)
3 Party B shall have no right to perform any operations without prior authorization from Party A
4 In case of an emergency Party B shall have the right to monitor if the following applications are under operation in Party A’s system
41 WWW applications
42 EMAIL
43 FTP
5 Party B shall notify Party A of the unavailability of services within 15 minutes upon identification in accordance with Emergency Report
6 Party A shall provide Party B with accurate information of designated contacts to ensure timely communication
7 Party B shall assume no liabilities as described in Emergence Report for any failure to contact Party A’s staff arising out of outdated inaccurate contact information by Party A’s negligence or any force majeure contingencies (as defined hereafter under this Agreement)
8 Party B shall waive 1 day service charge of the month maximum once for each and every day as requested for its failure to perform any obligations described under Emergency Report
V Customer Service Representative
1 The customer service representatives of Party B shall provide Party A with the following services
11 Service Information
12 Initial installation application acceptance and progress feedback
13 Service alteration application acceptance and progress feedback
14 Complaints acceptance and settlement feedback
15 Payment consultation and acceptance
16 Configuration change application acceptance
2 Party B shall designate one representative for Party A with postsale service
3 The working hours of each customer service representative shall be 8301700 every business day
VI Technical Support
1 The technical engineers of Party B shall provide Party A with the following services
11 Server System Monitoring
12 Emergency Notification
13 Server operations upon authorization
14 Technical Consulting
2 Party B shall designate 2 engineers for Party A with postsale service
3 Engineers shall provide 7*24 services Tel 64182200
4 Party A shall authorize in writing Party B’s engineers to conduct operations relating to its servers and network equipments as appropriate
5 Party A shall designate in writing 12 authorized persons who shall have the exclusive right to authorize any server related operations by engineers of Party B
6 Written authorization shall not enter into force unless duly signed by the authorized person(s) of Party A who in case written form appears impossible can grant consent to the engineers of Party B by phone which shall be subject to recording Party A shall provide thereafter written authorization
VII Technical Operations
1 The technical engineers of Party B shall not conduct any operations unless duly authorized by Party A
2 Party B’s engineers shall give Party A the first feedback within 30 minutes following authorization and provide a handling report upon completion of the operation as authorized
3 Party B shall take no responsibility for any impact incurred on Party A’s network from or in connection with relevant operations authorized by Party A
VIII Feedback and Complaints
1 Party A shall have the right to make complaints in writing about Party B or its staff on the following aspects
11 Network quality
12 Quality of customer service
13 Quality of technical support
2 Party B has announced a dedicated line (010) 64181820 for complaints acceptance
3 Party B shall provide in writing the first Handling Report to Party A within 4 hours following accepting relevant complaints
IX Entry into IDC
1 The equipment rooms of Party B’s IDC are open to authorized users 247 and Party A’s staff can require entering the room for legal operations any time
2 Party A’s staff shall not be permitted to enter without showing to the Security valid certificate provided by Party B
3 Party A’s staff shall inform beforehand IDC operators of
31 Entry purposes
32 Specific activities (operations visits etc)
33 Estimated time in
34 Estimated time out
35 Supporting services needed (tool software accommodation etc)
X Force Majeure
1 For the purpose of this Agreement force majeure shall include
11 Natural disasters such as earthquakes typhoons floods etc
12 War strikes blackouts and governmental activities
13 Artificial damages to telecommunication lines or interruptions to CHINANET lines or equipments arising out of or in connection with testing and capacity expansion
Party B shall bear no responsibility for its failure to perform any obligations described under this Agreement arising out of any force majeure contingencies mentioned above
XI Miscellaneous
1 This Agreement shall be done in duplicate with each Party holding one copy
Party A Party B Beijing Sinnet Technology Co Ltd
Authorized Signature (Seal) Authorized Signature (Seal)
Date Date
Supplementary Agreement
Party A
Party B Beijing Sinnet Technology Co Ltd
Party A and Party B have reached the following supplementary agreement following negotiations
1． The Validity of the original agreement and this supplementary agreement is from to
2． This supplementary agreement shall be executed in two originals having the same legal effect as the body text herein
3． This supplementary agreement shall be effective immediately after signed and affixed with the official seal by legal representatives of both parties
Party A
Signature of authorized representative (signatureseal)
Date
Party B Beijing Sinnet Technology Co Ltd
Signature of authorized representative (signatureseal)
Date
程光：15001338606
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