All copyright © 2005 ~ 2016 Capitalonline Data Service Co.,Ltd
This agreement is entered into effectively between Beijing Capital Online Technologies Co. Ltd – the operator of Capital Online Website that includes www.yun-idc.com and gic.yun-idc.com and is individually or collectively referred to as the website hereinafter, which is referred to as "Capital Online" hereinafter, and the user who is referred to as you hereinafter. The agreement is binding on both parties.
You have confirmed your careful reading of this agreement that will be the basis where both you and the Capital Online have rights and obligations thereto. Prior to use of the Capital Online services (referred to as "these services" hereinafter), you have fully read, understood and accepted all articles in terms of these services (particularly those highlighted and / or underlined). Your consent to observe all covenants in this agreement is presented by choosing that "I have read and agreed" and completing the registration process or log-in into the website.
1. According to the Method for Administration of Internet Information Services by State Council, those who are engaged in Internet information services in the People's Republic of China must perform filing procedures with the Ministry of Industry and Information Technology and the Ministry of Public Security. Your website will be subject to penalty administration measures that include termination of all relevant services and fining for its online running without filing and obtaining an ICP file number.
2. The Capital Online promises that it is a company incorporated legally under Chinese laws and acts as a professional service provider of IDC (Internet Data Center) and cloud computing.
3. You have confirmed that you shall be a natural person or legal person or organization (collectively referred to as the legal entity) that is completely capable of civil rights and civil behaviors once you have completed registration procedures at the website or actually used these services in other manners allowed by the Capital Online.
4. You will lease a host from the Capital Online and have cloud services provided by the Capital Online for your business needs (it is referred to as "the cloud host" hereinafter) so that your product end-users will be connected to the Internet.
5. Cloud hosts referred in this agreement are a number of computer hosts independent from and non-interactive to each other, which are visualized in one computer host system by means of specific software techniques and hardware supports.
6. You shall maintain the record backup for minimum 60 days with record maintenance measures implemented in accordance with Decree 82 by Ministry of Public Security of the People's Republic of China.
7. Account Security
(1) You shall be at your discretion to take your confidentiality obligation for your account (with the log-in name and password) registered at the website and take your responsibilities for all of your activities occurring under the log-in name and password, which include but are not limited to information disclosure, information issuance, online clicking to agree on or submit various rule agreements or purchase services. You have agreed that: (a) you will notify the Capital Online immediately of unauthorized use of your account (with the log-in name and password) registered at the website by any one or other matters that constitute breach of the confidentiality prescriptions; and (b) you will be sure to leave the website properly when each of your online periods is over. The Capital Online will not be liable to any loss or damage incurred from your failure to observe this article. It is understandable to you that the Capital Online requires a reasonable amount of time to act upon your request and is not responsible for consequences made before its action (including but not limited to any of your losses).
(2) Unless otherwise specified in laws or judged and agreed by the Capital Online, your account must not be transferred, presented or inherited (except for property interests related to the account).
(3) You understand and agree that the Capital Online reserves the right to know your authentic background and purpose of using products and services at the website and ask you to provide the true, comprehensive and correct information. The Capital Online is entitled to temporary or permanent restricting of all or part of functions for all the products and / or services used under your account, when the Capital Online suspects reasonably that you provide the untrue information, make a false transaction or break website rules by the Capital Online.
(4) You understand and agree that the Capital Online reserves the right to temporarily stop or restrict all or part of money payment functions under your account for operation and transaction security needs. The Capital Online will notify you of the above via mail, website message, short message or telephone. You shall promptly pay attention to it and perform subsequent operations such as appeal in accordance with procedures.
(5) You understand and agree that the Capital Online reserves the right to check your personal information and check and deduct the amount in your website account as required by national judicial, administrative, military and security authorities (including but not limited to public security agencies, prosecutors, courts, customs, tax agencies and security departments).
1. Service content: You are required to complete registration at the website and you can have one account only. Products provided by the Capital Online are consistent with what exhibited at the website.
2. Effectiveness of the agreement: The agreement becomes effective since the date on which you choose that "I have read and agreed" or log-in into the website.
3. Period of the service lease and fee charging: from the date on which you open services at the website at your discretion to the date on which you close or delete services at the website at your discretion.
1. Subscription method: The Capital Online will provide you with the cloud host services under relevant articles in the agreement after you have selected products to be purchased at the website and made payment thereof with the method as agreed in Article Two of the agreement. The service fee will be calculated per minute since the time on which you open services at the website at your discretion.
2. The Capital Online is entitled to immediate service termination when the sum of your account balance and credit amount at the website is 0.
3. The account credit amount at the website is the amount you can expend in advance but you shall reimburse to the Capital Online by money charging within a specified time after expenditure.
4. The Capital Online will notify you that the balance is about to be insufficient via short message, mail or website message.
5. The Capital Online has the right to delete your data after 72 hours since the time of service termination as specified in the item 2 of this article. The data that have been deleted are not recoverable. Please transfer your data and log backup earlier.
6. The Capital Online has the right to deduct the fee you have owed previously from the fee payment you have made subsequently within 72 hours since the time of service termination due to your failure to make payment on time. The Capital Online still has the right to act as specified in the item 5 of this article if the payment made subsequently is not sufficient for the fee owed previously.
7. Payment method:
(1) You can make payment by money charging at the website.
(2) You can also pay the service fee to the Capital Online via your public account. The payment made with other methods must be noted of "the payment made on behalf of <the company name >" in remittance. You are responsible for losses incurred from the delayed or incorrect money charging.
8. The Capital Online will complete money charging for your primary account at the website within 4 hours upon receipt of your payment that you have chosen to make via the public account. The money charging can not be performed outside the working time (from 9:00 to 18:00) and in legal holidays. The information of the account for payment receiving by Capital Online is as below:
Account name: Beijing Capital Online Technologies Co. Ltd
Account bank: the sub-branch of Minsheng Bank in Taoranqiao, Beijing
Account number: 694585972
You must perform filing procedures with the Ministry of Industry and Information Technology and the Ministry of Public Security if you are engaged in Internet information services in the People's Republic of China. Your website will be subject to penalty administration measures that include termination of all relevant services and fining for its online running without filing and obtaining an ICP file number.
1. You are required to cooperate with Capital Online, provide the website filing information, IP filing information and other information required in terms of Internet information security to Capital Online, and ensure that the information provided is correct and effective and the website content is compliant with relevant laws and regulations. You are required to do so for approval or filing of Internet information services as mandated by other national authorities. You are responsible for all consequences from your failure or failure of your end users to promptly provide the relevant information, or provision of the untrue or inaccurate information, or breach of laws or regulations.
(1) If you are engaged in operating Internet information services, then you shall provide Capital Online with qualification evidences showing that you are engaged in Internet information services such as the business license for value-added telecommunication operations related to Internet information services as well as legal evidences for information issuance at your website. You shall also perform filing procedures in ICP/IP Address Information Filing Management System by the Ministry of Industry and Information Technology and fill the true filing code in it to ensure legal existence of your qualification evidences as above in validity of the agreement. You are required to do so for approval or filing of Internet information services as mandated by other national authorities.
(2) If you are engaged in non-operating Internet information services, then you shall perform filing procedures in ICP/IP Address Information Filing Management System by the Ministry of Industry and Information Technology and fill the true filing code in it to ensure legal existence of your qualification evidences as above in validity of the agreement. You are required to do so for approval or filing of Internet information services as mandated by other national authorities.
(3) If you use your own IP address, then you shall perform filing procedures in ICP/IP Address Information Filing Management System by the Ministry of Industry and Information Technology and fill the true filing code in it. You are required to do so for approval or filing of those with own IP addresses as mandated by other national authorities.
Capital Online has the right to terminate the agreement without any responsibilities if the qualification documents you provided or the filing information you completed is untrue, or becomes overdue without supportive documents for renewal. You have no rights to ask for return of the fee that has been paid.
2. As an Internet information publisher, you shall ensure that the information operating and publication be compliant with relevant laws and regulations and no activities being engaged be allowed to break laws and infringe legal rights by others. The content you published and provided at your website shall observe relevant national laws and public ethics. You are not allowed to provide the connectivity, host space lease or other services to a website operator who has not dealt with filing procedures. If you have broken any case specified in the item 8 of this article, then Capital Online will have the right to suspend or terminate the cloud host service, disconnect the network connectivity, keep relevant records and make reporting to the competent government agency, and you will be responsible for any consequences incurred from it. At the same time, Capital Online will have the right to terminate the agreement without any responsibilities, and you will have no rights to claim for return of the fee that has been paid and you shall compensate Capital Online for damages to Capital Online that are caused by the aforesaid.
3. You shall be responsible for outside liabilities of Capital Online that are incurred from illegality or infringement and compensate Capital Online for all losses from it. At the same time, Capital Online has the right to terminate the agreement directly without any responsibilities and you have no rights to claim for return of the fee that has been paid.
4. You shall use the cloud host service within the qualification scope that has been verified or filed and the cloud host service application scope as agreed in the agreement. You shall not perform other operations for which you are not qualified by means of services provided by Capital Online. You shall not be engaged in illegal activities by means of services provided by Capital Online. If you have broken the aforesaid promise, then Capital Online has the right to terminate the agreement without any responsibilities and you have no rights to claim for return of the fee that has been paid. You shall compensate Capital Online for damages to Capital Online that are caused by the aforesaid.
5. You are responsible to monitor and govern your users who have been licensed for Internet information services (ICP) for development of their clients. You shall intensify the daily administration and supervision of sub-users in filing and shall not provide the Internet connectivity service to organizations or individuals who are engaged in non-operating Internet information services without filing. You shall not perform filing, filing modification, filing cancellation or other procedures for organizations or individuals who provide the untrue filing information upon the fact that you have known or shall know they are engaged in non-operating Internet information services. You shall ensure that no behaviors break laws and regulations related to the telecommunication and other laws and regulations and social public ethics. You shall submit the supervision and inspection records for review by Capital Online as required by Capital Online. You are legally responsible for damages to Capital Online or third persons arising from behaviors of those who have been developed by your users. If you have broken the aforesaid promise, then Capital Online has the right to terminate the agreement without any responsibilities and you have no rights to claim for return of the fee that has been paid. You shall compensate Capital Online for damages to Capital Online that are caused by the aforesaid.
6. You are obliged to pay the fee to Capital Online as agreed in the agreement.
7. You shall provide the ICP business license obtained from the communication administration bureau in your company registration place within 30 working days since the date on which the agreement becomes effective. The filing form for filing at the communication administration bureau shall be provided in terms of non-operating websites or provision of BBS services. You shall perform filing procedures in ICP/IP Address Information Filing Management System by the Ministry of Industry and Information Technology. Capital Online will send the host opening notice to you and open the host on the date indicated in the notice upon receipt of the ICP business license or filing form as aforesaid. If you have not provided the aforesaid document within the specified time, then Capital Online has the right to terminate the agreement without any responsibilities and you have no rights to claim for return of the fee that has been paid. You are independently responsible for all legal liabilities and expenses incurred in the aforesaid period and Capital Online is not liable to it.
8. According to prescriptions by the Ministry of Information Industry and the Ministry of Public Security in the People's Republic of China about intensification of the information management in public information services as well as prescriptions by other relevant national authorities, you shall ensure that as a cloud host user, you promise to perform legal operating of information services you are engaged and observe the following rules in management of the information content:
(1) Do not disseminate the political news with coverage of the information content downloaded from Internet, which breaks national laws.
(2) Do not disseminate the information content involved in national secrets, threatening the national security, or infringing other people's legal rights.
(3) Do not disseminate the information content detrimental to social order or security. Do not disseminate the information content that renders violent behaviors or describes obscene matters. Do not run gambling and sexual websites.
(4) The information content disseminated throughout Internet shall have been approved by local propaganda and administration agencies. Downloading the Internet information outside borders for publication at domestic websites at will is not allowed.
(5) Make periodical self-examination of the information content management system for any problems that shall be disposed of immediately and reported to relevant authorities. Implement the information security responsibility system in a tangible manner. Intensify education and examination of those who are engaged in the information management.
(6) Ensure submission of the network application matters (such as IP address, domain name, etc) as required by Capital Online, completion of the materials to be provided as required by Capital Online and acceptance of the examination by Capital Online.
(7) IP addresses allocated by Capital Online can be used without transferring them to other people. The IP address access right are cancelled automatically upon withdrawal. Acceptance of the IP address application investigation by Capital Online is obligatory. Capital Online has the right to dispose IP addresses that have been allocated until recovery if false materials were provided.
(8) Capital Online can immediately delete webpages or notify users to delete webpages or stop network services, if they are found or reported to constitute breach of the above rules or upon receipt of a notice by the administration agency. You are fully responsible for all losses of Capital Online that are incurred from breach of the above rules by you or your company.
1. Capital Online has the right to ask you for remedy of your failure to perform filing procedures on time or your failure to provide the complete filing information or your breach of the agreement and suspend or stop services. Services suspended by Capital Online due to your improper behaviors will be resumed after remedy of your behaviors. The suspension time is counted as being within the service time, and the service fee in the suspension time is not exempted.
2. Capital Online has the right to legally shut down the cloud host you leased if you were disqualified for legal engagement in Internet information services or a relevant authority decided to stop your businesses in validity of the agreement. Capital Online has the right to shut down the cloud host you leased as specified in the item 2 in Article Two of the agreement and delete all of your content in the host after 72 hours since the date of cloud host shutdown.
3. Capital Online has the obligation to assist you in cloud host management as per your written authorization.
4. Capital Online has the obligation to ensure that the host housing is compliant with relevant national standards during validity of the agreement.
5. Capital Online shall keep your data confidential during validity of the agreement, but except that a relevant national agency or judicial judgment authority or arbitration authority requires provision of such data, or the data become disclosed due to Force Majeure, hacker attack or other factors. In addition, Capital Online is not responsible for your losses incurred from disclosure of your information as aforesaid in this article that is not caused by Capital Online.
1. Capital Online provides services in accordance with telecommunication service standards by the Ministry of Industry and Information Technology. If new laws, regulations and service standards are published by the country in fulfillment of the agreement, then the compliance with new laws, regulations and service standards will be made.
2. Capital Online will notify you in advance of matters such as construction and network partition/incorporation by Capital Online that may affect normal operation of the host and eliminate troubles as soon as possible to resume communication lines. The time during which the host can not be operated normally is not counted as being within the service time, and the service fee in such period of time is exempted.
3. The SLA agreement on cloud hosts is referred to the appendix – Service Quality Articles.
1. Any party's failure to fulfill its obligations under the agreement is considered as a default. The default party shall be responsible for the other party's losses due to default.
2. Capital Online has the right to suspend or terminate all or part of your services at its discretion if your information operating or publication breaks relevant national laws or regulations or the agreement to the extent that the following problems happen to the cloud host. You shall delete or modify the improper content during service suspension. Capital Online will resume these services after you have made deletion or modification and taken effective measures to eliminate such problems. The suspension time is counted as being within the service time, and the service fee in the suspension time is not exempted.
1) There are programs or software works in the cloud host, which may attack or disturb normal operation by others.
2) The cloud host is occupied or utilized by a third party to attack or disturb normal operation by others.
3) The cloud host is attacked by a third party to the extent that normal operation by others has been disturbed.
4) You are involved in sending junk emails or you are sending them in any manner (a junk email is an email sent to its receiver without the receiver's consent).
5) There is such content in the cloud host that may infringe others' legal rights or have an adverse impact on others.
6) You have broken what promised in the cloud host user guarantee.
7) The national network supervision agency or security agency or other government agencies require suspension or shutdown.
3. Capital Online has the right to stop the Internet connectivity service and even terminate the agreement without any defaults if Capital Online is complained or claimed by a third party or subject to an administrative penalty due to your reasons as specified in the above items 2), 3) and 5) and the item 2 in Article Six. You shall be responsible for all losses of Capital Online from it. Capital Online will not return the service fee you have paid (the service fee is not included in the compensation you shall make).
4. Capital Online has the right to stop the Internet connectivity service and even terminate the agreement, if your illegal programming, running or use of programs or software works has caused damages to Capital Online's equipments or made other users unable to use equipments in Capital Online's machine room. You shall be responsible for all losses of Capital Online from it. Capital Online will not return the service fee you have paid (the service fee is not included in the compensation you shall make).
5. Capital Online will compensate you for the service time twice as much as the service time that corresponds to the connectivity of network and cloud host promised by Capital Online less than 99.9%.
6. One party is not responsible for proceeds or profit loss, un-achievement of the expected saving, business repute loss and other indirect losses that happen to the other party due to behaviors under the agreement, regardless of being contrarily agreed in other articles of the agreement.
1. The force majeure referred in the agreement is an objective situation occurring from earthquake, typhoon, flood, fire, war, governmental enforcement or relevant authority's enforcement that parties under the agreement can not foresee, prevent, avoid and overcome.
2. If either of you and Capital Online can not fulfill all or part of its obligations under the agreement due to force majeure, then it is not liable to the other for default but shall notify the other in writing as soon as possible and take necessary measures to minimize the loss from it and negotiate with the other to extend the contract period as appropriate. The party who encounters force majeure shall notify the other party within 10 working days since occurrence of the force majeure and provide it with evidences given by relevant departments.
3. Either party under the agreement has the right to terminate the agreement due to failure to achieve the agreement purpose that is caused by force majeure, but it shall notify the other party in writing five working days earlier.
4. Capital Online will suspend or terminate services without any responsibilities as required by a governmental administration agency.
1. Capital Online has the right to suspend or terminate services provided to you at any time if you have notified Capital Online in writing of your refusal to accept the new service agreement modified by Capital Online.
2. Either party has the right to terminate the agreement at any time if you can not continue to use these services or Capital Online can not provide these services due to force majeure.
3. Capital Online has the right to suspend or terminate services provided to you at any time if other suspension or termination conditions as agreed in relevant articles of the agreement were met.
4. Capital Online has the right to unilaterally suspend or terminate these services if you have been registered in other names for use of these services after termination of services provided to you that was made by Capital Online as agreed in the agreement due to your breach of the agreement.
1. Disputes between both parties arising from fulfillment of the agreement shall be resolved amicably through negotiation between both parties. If not negotiable within 30 days since the date on which either party sends the written negotiation notice to the other, either party can submit disputes to Beijing Arbitration Commission for arbitration as per its arbitration rules. The arbitrational decision is final and binding on both parties.
2. Both parties will continue to perform other parts of the agreement that are not involved in disputes and arbitration while disputes are being resolved.
1. Both parties shall continue to perform effective parts of the agreement not subject to any article of the agreement that becomes illegal, invalid or unenforceable but does not result in the failure to continue fulfilling the entire agreement.
2. Titles in the agreement are for prompt only and shall not have impact on rights and obligations of the agreement parties, which shall be determined in accordance with the article content.
3. Either party shall not use or imitate the other party's business name, trade name, pattern, service logo, symbol, code, model or acronym in advertisements or public instances without the other party's written permission. Either party shall not declare to have the ownership of the other party's business name, trade name, pattern, service logo, symbol, code, model or acronym, but except for fulfillment of the information disclosure obligation as required by a relevant authority.
4. No content of the agreement shall be considered or construed as the joint venture or partnership between both parties.
5. You shall notify Capital Online of your contact information modified at the website after signing the agreement.
6. The agreement becomes effective since the date on which you choose that "I have read and agreed" or log-in into the website. For inconsistency between the agreement and the written signature version, the written signature version prevails.
7. The prompt sent or shown to you by Capital Online within the website is deemed such that Capital Online has completed notification since the date of sending.
8. The agreement covers prompts sent or shown to you by Capital Online within the website, which become indivisible parts of the agreement upon official publication. You shall also comply with them.
《Appendix – Service Quality Agreement》
The following quality assurance articles are established to better specify Capital Online's service promise to you and provide you with high-quality services:
1.1 "Availability of the network and cloud host" is referred to provision of normal services through the mainframe system where your cloud host is located as well as the network, CPU, memory and disk IO.
1.2 Cloud host availability criteria:
1) Capital Online will open the monitoring interface to you or provide you with the performance monitoring data in designated time sections if the mainframe where the cloud host is located supports performance monitoring.
2) Capital Online will establish a comparative host in the mainframe where the cloud host is located and open the monitoring interface on the comparative host to you if the mainframe does not support performance monitoring.
1.3 Capital Online ensures that your network system and cloud host operate in 99.9% of the availability.
1.4 Capital Online can calculate the time in which the network and cloud host is not available in every month. The time in which the network and cloud host is not available includes the time (in minute) in which your cloud host is not available due to Capital Online, but does not include the time in which your network system and cloud host are not available due to the following:
1) The network maintenance made by Capital Online upon your consent;
2) Your improper operations;
3) Your application programs or program setups;
4) Your omission or operations authorized by you;
5) The network attack or hacker attack;
6) Unexpected situations or measures taken to protect the host safety;
7) Government action or force majeure.
2.1 Capital Online checks your cloud host for connectivity with Internet through PING in the local area network every five minutes. The failure to connect with Internet that occurs consecutively twice and is determined through PING will be deemed as an emergency.
2.2 The following are deemed as emergencies that you shall be notified promptly of and assisted in resuming the normal operation by Capital Online:
1) Failure of the cloud host;
2) Network disconnection.
2.3 Capital Online will contact the person you have designated with the method you have chosen (telephone, email, fax or pager).
2.4 Capital Online has no rights to operate your system equipments before your official authorization via mail.
2.5 Capital Online's "reporting assurance" means that Capital Online will notify you of your failure to obtain Capital Online's services within 5 minutes.
2.6 You shall be responsible to provide Capital Online with accurate contact information of the person you have designated so that Capital Online can contact him/her. You shall notify Capital Online promptly of the changed contact information of the person you have designated.
2.7 Capital Online will be relieved from the reporting assurance responsibility if the contact information of the person you have designated is out of time or inaccurate due to your omission or force majeure defined in the framework agreement.
2.8 Capital Online will be relieved from the reporting assurance responsibility if Capital Online failed to contact you or the person you designated due to your reasons.
3.1 The customer service center of Capital Online provides you with the following services:
1) Initial installation acceptance and reporting;
2) Service modification acceptance and reporting;
3) Complaint acceptance and reporting.
3.2 Capital Online provides customer services in 7*24 hours.
Customer service hot-line : +86-104008105300
Email : idckf@yun-idc.com
4.1 The operation and maintenance engineers of Capital Online provide you with the following services:
1) Emergency notification;
2) Server operations under your authorization via mail;
3) Technical consultation.
4.2 The operation and maintenance engineers of Capital Online work 24 hours a day, 7 days a week and 365 days a year.
4.3 You shall authorize Capital Online's engineers for their operations of your server via mail or in writing.
4.4 You shall designate the authorization person (maintenance person) in the maintenance agreement between Capital Online and the user of Chinese telecommunication IDC. Only the authorization person has the right to ask Capital Online's engineers for operations of your server. You shall notify Capital Online in writing of change of your authorization person (maintenance person).
4.5 The written authorization must be signed by your authorization person or stamped with the company seal. Your authorization person can authorize Capital Online's engineers via telephone or mail to the designated mailbox if he/she can not authorize them in writing. The authorization person must give a notice of his/her ID card number for verification.
5.1 You can complain Capital Online and its employees in writing about:
1) Network quality;
2) Customer service quality;
3) Technical support quality.
5.2 Capital Online has set up a complaint hot-line to accept your complaint.
5.3 Capital Online has set up a complaint mailbox to accept your complaint:
1) Complaint mailbox : CDS.Service@yun-idc.com
2) Complaint telephone : +86-1051994489
6.1 Capital Online will compensate you for the service time twice as much as the service time that corresponds to the connectivity of network and cloud host promised by Capital Online less than 99.9%.
6.2 You will negotiate with Capital Online about the compensation method and amount if your data were lost due to Capital Online.