The Hosting Service Agreement (hereinafter referred to as “this Agreement” or “HSA”) is entered into by and between the Service Provider (hereinafter referred to as “the Website” or “we”) and the Customer (hereinafter referred to as “you” or “the Customer”), and applies to your use of the paid hosting services provided by us.
1. Definitions
1.1 Service Cycle: Refers to a calendar month. If the customer uses the service for less than a full calendar month, the actual duration of use shall be counted as one service cycle.
1.2 Total Minutes in a Service Cycle: Calculated as the number of days in the service cycle × 24 (hours) × 60 (minutes).
1.3 Service Availability: The hosting service includes both HTTP and database services. If either service is accessible at any given time, the service is considered available. If both services are inaccessible at the same time, the service is deemed unavailable.
1.4 Downtime: If the customer’s attempts to access both the HTTP and database services continuously fail for five (5) minutes, that period shall be considered downtime. The sum of all such downtime within the service cycle constitutes the total downtime for that cycle.
1.5 Monthly Service Fee: Refers to the actual amount paid by the customer for a single hosting instance during a calendar month. If the customer pays in advance for multiple cycles, the monthly service fee shall be calculated as the average across the number of purchased months.
2. Service Availability Commitment
The Company guarantees that the monthly availability of its paid hosting services shall not be less than 95%. The availability is calculated as follows:
Service Availability (%) = (Total Minutes in the Service Period − Downtime Minutes) ÷ Total Minutes in the Service Period × 100%
If the actual service availability falls below the above commitment, the Customer shall be entitled to claim compensation in accordance with Clause 3 of this Agreement. However, downtime resulting from the following circumstances shall not be counted toward compensation:
1. Scheduled or unscheduled maintenance (including upgrades, repairs, migrations, and simulated failure drills);
2. Network or equipment failures not attributable to the Company’s infrastructure;
3. Network attacks targeting the Customer’s applications;
4. Server restarts caused by operating system patch installations;
5. Account or data breaches due to the Customer’s inadequate security practices;
6. Errors caused by the Customer’s own operations or operations authorized by the Customer;
7. Failure to follow product documentation or recommended configurations;
8. Force majeure events (e.g., natural disasters, wars, policy changes, etc.);
9. Service suspension required by applicable laws, regulations, or competent authorities;
10. Failures or interruptions caused by programming errors on the part of the Customer.
3. Compensation Mechanism
3.1 Compensation Rates:
The Customer shall be entitled to request compensation in the form of service credits for any failure to meet the committed service availability, based on the following criteria:
Availability ≥90% and <95%: 5% of monthly service fee in vouchers
Availability ≥85% and <90%: 10% of monthly service fee in vouchers
Availability <85%: 20% of monthly service fee in vouchers
Note: Compensation is provided exclusively in the form of service credits, which may be used for future purchases of hosting services. The total amount of compensation shall not exceed 20% of the actual service fees paid by the Customer for that month (excluding any portion paid using service credits).
3.2 Application Deadline: The Customer shall submit a compensation request after the fifth (5th) business day of the following month and no later than one (1) month after the end of the relevant service period. Late submissions will not be accepted.
4. Your Representations and Warranties
4.1 With respect to the related purchases, you understand and agree that your information may be disclosed to certain registries, and such information may be publicly displayed in the Whois database in accordance with the policies issued by any and all such registries.
4.2 You understand and agree that you shall not, under any circumstances, use our servers or your hosted website to engage in, or serve as the origin, intermediary, reply-to address, or destination for, activities such as email bombing or any other conduct that may threaten the stability of our network or cause service interruptions. We reserve the right to:
(1) remove website content that contains or links to attack-related information;
(2) suspend or permanently terminate hosting services for accounts or websites that violate these Terms of Service;
(3) delete all website content associated with violating accounts;
(4) scan your account to detect potential malicious content (including but not limited to malware); and
(5) upon detection of such content, take any reasonable and necessary action to mitigate security threats, including, without limitation, suspending access to your account or permanently deleting the account.
You understand and agree that if you breach this Agreement or your conduct poses a threat to the integrity of our network, we may take the above actions without prior notice.
4.3 You understand and agree that you are solely responsible for taking appropriate measures to:
(1) prevent the loss or damage of your website or server content;
(2) maintain independent archives and backup copies of your content, and we are not liable for any data loss resulting from service unavailability; and
(3) ensure the security, confidentiality, and integrity of all website or server content transmitted through or stored on our servers.
4.4 You understand and agree that we may be required to disclose your personal information or that of your representatives to third-party providers in order for them to supply third-party software. We reserve the right to modify, update, or discontinue the availability of such software at any time. We make no representations or warranties regarding third-party software related to our hosting services and expressly disclaim any liability arising from it.
5. Amendment of the Agreement
We reserve the right to amend the terms of this Agreement at any time. Any changes will be communicated to customers at least thirty (30) days prior to becoming effective, either via website notice or email. If you disagree with the revised terms, you have the right to stop using the hosting services before the changes take effect. Continued use of the services will be deemed as acceptance of the amended terms.
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