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【Important Notice: This English version of “Wangsu Science & Technology Company Limited Service Contract (General Terms)” and “Wangsu Science & Technology Company Limited Service Contract (Special Terms) ” is for reference only, the Chinese version listed in http://www.wangsu.com/law/contract.html shall prevail】

Wangsu Science & Technology Company Limited Service Contract (General Terms)

In accordance with the Contract Law of the People’s Republic of China, the Network Security Law of the People’s Republic of China , Telecommunications Regulations of the People’s Republic of China, and other relevant laws and regulations, Party A and Party B, adhering to the principles of equality, voluntariness and mutual benefit, and through friendly consultation, have reached the agreement on the provision of Wangsu Network Platform Service, and enter into this Contract with the following terms and conditions for the Parties to comply with:

Representation and Warranties

  1. Both Parties are legitimate enterprises or other legally established organizations or natural persons with full capacity for civil conduct that registered at the administrative organ for industry and commerce in due form and validly exists, and have obtained all the qualifications and licenses and/or authorizations necessary for the operation of Internet business and licenses complete.
    Party A and Party B have full power and authority to execute this Contract, at the time of entering into this Contract, there is no legal barrier or significant event that may affect their normal operation or the performance of this Contract.
  2. Both Parties warrant to each other that, during the negotiation and performance of this Contract, if any changes arise that may affect the performance of this Contract, the affected Party shall notify the other Party promptly, otherwise it shall be attributed as a breach of contract.
    Such changes include, but are not limited to: changes to the qualification for business or records, mortgage and pledge, debt profile or important transformation of assets, bankruptcy liquidation, information of penalties resulting from the violation of telecom and/or Internet industry regulations, and other information that may affect the entry-into-force or the performance of this Contract.
  3. Both Parties warrant to each other that, they shall strictly comply with any and all laws and regulations made by the State and/or the competent authorities (including, but not limited to the laws and regulations currently in force or being released or updated from time to time).
  4. If the Service Place is outside the mainland China, or if Party A’s business is governed by the laws of countries or regions outside the mainland China, then both Parties shall also comply with local regulations and laws, orders, business specifications and industry practices and take the corresponding liabilities with respect to any breach of them. The information and services provided by and the qualifications of Party A shall comply with local laws and regulations, and Party A shall take full liabilities with respect to any breach of them.
  5. Party A and Party B shall observe their respective obligations as a data controller or a data processor under applicable data protection laws and regulations.
  6. If Party A is a natural person, it shall provide legal and valid identification documents (including without limitation, certificate of identification, household register or passport, etc.) upon signature.
  7. The representation and warranties from a Party of the Contract to the other Party are comprehensive and authentic by the date of signature. It is hereby confirmed that the execution of this Contract is based on such representations and warranties, and these representations and warranties constitute the precondition of the signature of this Contract.
    After the Contract comes into effect, if one Party finds out that any situation is inconsistent with the representations and warranties made by that party to the other, the Party shall disclose such inconsistency to the other party immediately, or otherwise it shall be deemed to be a breach of Contract and the Party shall take corresponding liabilities.
  8. Each representation, warranty and commitment provided under this Contract is separate and independent. Unless otherwise expressly stipulated, the representations, warranties and commitments shall not be limited by any terms and conditions of this Contract.

Contract Structure

  1. This Contract is composed by Service Agreement, Service Order, Wangsu Science & Technology Company Limited Service Contract (Special Terms), Wangsu Science & Technology Company Limited Service Contract (General Terms) and other relevant documents (e.g. Network Responsibility Statement, Authorization Certificates, etc.).
  2. Unless otherwise expressly provided, Services herein refer to all services and products ordered by Party A in this Contract.
  3. The contents in Wangsu Science & Technology Company Limited Service Contract (General Terms) are the basic parts that the Parties agree on, including Representation and Warranties, Definitions and Interpretation, Applicable law, Rights and Obligations, Confidentiality Obligations, etc.
  4. The contents in Wangsu Science & Technology Company Limited Service Contract (Special Terms) are the details that the Parties agree on. The Special Terms are the concretion, supplement and amendment to the General Terms combining with specific products and services. Where a special term is inconsistent with the general terms, the special term shall prevail.
  5. Other relevant documents include, without limitation, Business Licenses of the Parties (for the first cooperation), Qualification Certificates, Network Security Liability Statement, Authorization Certificates, and Non-Disclosure Agreement, etc. The concrete composition of documents listed hereinbefore will be decided by the Parties separately.
  6. The headings of all the paragraphs (titles) are here for retrieval convenience and none of them shall affect the meaning or interpretation of this Contract.
  7. Unless otherwise specified hereof, the articles, paragraphs and appendixes mentioned refer to the articles, paragraphs and appendixes of this Contract.

Principles

  1. Ownership: Except for the rights expressly granted to the other Party, both Parties preserve the ownership of relevant products hereunder, along with any intellectual property rights contained in or related to, including without limitation, copyright, patent right and trademark right, etc.
  2. Limitation of Liability: Both Parties hereby confirm that, unless otherwise expressly provided herein, neither Party shall be responsible for any special, indirect or consequential damages (including data loss, profit loss, financial expenses and cost of machine halt) arising from the performance of this Contract or any warning or punitive damages, whether based on tort, warranty, contract, or any other legal theory. The aggregate liability hereunder of either Party shall not exceed the limitation of direct damage, and the amount of compensation caused by unavailability of services shall not exceed the monthly service fee before the responsibility arises according to this Contract.
  3. No Responsibility for Third Party: Both Parties hereby confirm that, during the performance of this Contract, both Parties to this Contract shall be responsible to the other party only, and shall not bear any responsibilities for or perform any obligations towards any third party. Party B shall not be liable for the losses to Party A or to any third party due to the acts or omissions of other third parties, nor be responsible for the losses of the third party who indirectly receives Party B’s service through Party A.
  4. Where Party A purchases several products or services from Party B, each product shall conclude the statistics of unavailability of services, liability for breach of Contract, basic amount of compensation and compensatory approaches respectively, and shall not be accumulated or combined in any shape of form.
  5. This Contract shall be a service agreement concluded by the Parties in consistent with the principles of equality, voluntariness, fairness and good faith. Amendments to this Contract may be made in the form of supplementary agreements. Party B provides the Contract templet only to accelerate the business cooperation because the Party B is familiar with the industry operation so the contract contains no format terms.
  6. The services, products and systems provided and operated by Party A and Party B shall comply with the requirements of national laws and regulations and the requirements of public order and good customs; there shall be no acts or products prohibited by national laws and regulations or industrial norms; actively cooperate with the relevant national network security and network supervision work to improve the efficiency and security of Internet platform and related data. In order to ensure the above mentioned work be orderly developed, Party A agrees that Party B can carry out mining and analysis on relevant data. Both parties shall work together to ensure network security, and ensure network security in accordance with relevant laws and regulations and department requirements at important time nodes.

Definitions or Service Goals

  1. “WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE CONTENT DELIVERY NETWORK (CDN) SOLUTION”, means by adding a layer of network architecture to the existing networks, deliver the content on the webpage to the edge of the network that is the closest to the end user, so as to have the end user access the content locally, improve network transmission speed, and solve the network congestion. CDN could solve the problem of slow site access which caused by the narrow network bandwidth, large number of user visits, and unevenness of network distribution.
    “CDN SERVICE”, means by using the web caching and server-load balancing technology, deliver the content on the Internet to the nodes deployed in multiple locations, so as to improve website response time. CDN Service includes webpage acceleration, http download acceleration, streaming media live and/or on demand acceleration, upload acceleration, and other value-added services (for example, intelligent collection).
  2. “WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE WHOLE SITE ACCELERATOR (WSA) SOLUTION”, means by using Party B’s platform nodes resources and acceleration technologies (such as dynamic content transmission optimization, static content nodes caching), provides Party A with whole site acceleration and real-time optimization service, and solve the problems of backbone congestion, across network visit limitation, and slow respond speed at user side, which can greatly improve the bidirectional transmission efficiency of internet contents at both website and user side. WSA Service includes several products, for instance, HTTPS.
  3. “WANGSU MOBILE SERVICE PLATFORM SOFTWARE MOBILE APPLICATION ACCELERATOR (WAA) SOLUTION”, means professional delivery service platform provided by WANGSU aimed at mobile Internet applications, which is applicable for Internet Applications like Web, App and Hybrid App, etc.
  4. “WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE ACCESSING ACCELERATOR (ACCA) SOLUTION”, means the acceleration and optimization solution provided by WANGSU aimed at operations of LAN users accessing Internet. Based on the Wangsu World-Wide Content Delivery Platform and the Internet Accelerator Service Platform, and using three major components of Intelligent Multi-Level Content Delivery, Large Data Mining Resource Sharing and Dynamic Data Flow Acceleration, ACCA substantially improves the access speed of LAN users to the Internet and brings LAN users fast and efficient Internet access experience.
  5. “WANGSU INTER-NETWORK DISTRIBUTION CLOUDPLATFORM SOFTWARE APPLICATION ACCELERATOR (APPA) SOLUTION”, means optimization and acceleration product provided by Wangsu aimed at enterprises and Internet dynamic data in network transmission. Based on Wangsu World-Wide Internet Accelerator Service Platform, and using the Network Transmission Accelerator Technology to eliminate the bottleneck of the data transmission crossing regions and carriers, APPA builds a high-speed data channel for the content that users transmit, significantly improves the accessing speed and availability of enterprises and Internet dynamic data transmission, and helps to solve the problems of slow dynamic data transmission and poor experience.
  6. “WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE DYNAMIC SITE ACCELERATOR (DSA) SOLUTION”, means the whole acceleration solution provided by Wangsu aimed at web site dynamic content, using technologies like network accelerator, route optimization and transmission optimization. By adding a layer of network architecture, DSA can greatly improve the transmission efficiency of the website dynamic content, thus solve the network congestion and the problem of slow site access, ameliorate the quality of site transmission and the improve the website response speed.
  7. “WANGSU CONTENT AND TRAFFIC MANAGEMENT (CATM) SOFTWARE SOLUTION”, means the Internet Content Cache Accelerator, by using the web caching and server-load balancing technology, cache the content on the Internet to the nodes deployed in multiple locations, so as to improve website response speed.
  8. “WANGSU STREAMING MEDIA SERVICE PLATFORM SOFTWARE WANGSU CLOUD VIDEO (CloudV) SOLUTION, is a comprehensive streaming media solution platform built for enterprises, which is based on the efficient, stable, secure and rich-in-node-resources streaming media CDN system, by integrating and developing a series of systems and modules meeting the target vertical industry, and to provide one-stop PAAS and SaaS services such as cloud on demand, cloud live broadcast, cloud interaction and cloud classroom, in order to effectively reduce the technology cost to build websites and the maintenance cost in relative software and services of Streaming Media, making companies more concentrated on the main business.
  9. “WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE RAPID CLOUD TRANSMISSION (RCT) SOLUTION”, means one-station Data Transmission Acceleration and Management Services provided by Party B for the Party A, using Client Transfer Tools, Private Transfer Protocol, High-Speed Transmission Network and perfect Management Control Platform to constitute an End-to-End Transmission Acceleration System.
  10. “WANGSU SECURITY CLOUD PROTECTION PLATFORM SOFTWARE WEBSITE SECURITY SERVIVE (WSS) SOLUTION”, means the Website Security Service provided by the Party B, using its platform resources and security system, for the Party A to make acceleration and resist DDoS attack.
  11. “WANGSU CLOUD SECURITY BOT GUARD PRODUCT (Bot Guard)”, means the service provided by party B, using its platform resources and Bot Guard Software.
  12. “WANGSU SECURITY CLOUD PROTECTION PLATFORM SOFTWARE DDoS MITIGATION SERVICE (DMS) SOLUTION”, means the security service provided by the Party B, using its platform resources and the security system, for the Party A to defend tremendous amount of DDoS Attack.
  13. “WANGSU SECURITY AND ACCELERATION SOLUTION”, means the Content Delivery and Acceleration Service and Security Protection Services provided by Party B against DDoS Attack, Web Application Attack and Malicious Bot Attack, using its platform and function modules of Transmission Optimization, Security Protection, Data Processing, etc. This Solution can not only ensure the high-performance access of Party A’s website, but at the same time block security threats, improve access performance, release operation costs and get the end users high quality access experience.
  14. “WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE ENTERPRISE CLOUD NETWORK SOLUTION (ECNW)”, means the new public network interconnection solution tailored for customers provided by Party B, using high quality cloud resources all over the country, aiming at the needs of public network users to access internal network applications. Through data encryption, target address translation, together with traffic scheduling, transmission optimization and other accelerated optimization technologies, the product greatly improves the efficiency of data transmission, guarantees the reliability and stability of the network, and effectively solves the problems of poor performance, unreliability and expensive dedicated circuit of traditional VPN, and helps customers to establish an efficient, safe and reliable extranet.
  15. “WANGSU STREAMING MEDIA SERVICE PLATFORM SOFTWARE LIVE PEER TO SERVER & PEER PRODUCT (LP2SP)”, means the live broadcast acceleration service product. Based on the self-developed terminal sharing technology, in the process of providing efficient, stable and secure live video acceleration, the terminal shares part of the bandwidth traffic, and achieves the goal of saving cost for customers under the condition of guaranteeing lower delay and higher fluency of acceleration service.
  16. “WANGSU STREAMING MEDIA SERVICE PLATFORM SOFTWARE VOD PEER TO SERVER & PEER PRODUCT (VP2SP)”, means the video-on-demand acceleration service product. Based on the self-developed terminal sharing technology, in the process of providing efficient, stable and secure video-on-demand acceleration, the terminal shares part of the bandwidth traffic, and achieves the goal of saving cost for customers under the condition of ensuring fluency of acceleration service.
  17. “WANGSU KEY CONTENT APPLICATION SERVICE PLATFORM SOFTWARE KEY BUSINESS ACCELERATION (KBA) SOLUTION”, means the service provided by Party B, using key technologies such as multiple grooming strategies, accurate traffic identification, multi-source detection, routing self-tuning, connection reuse and aggregation, aims at accelerating the Internet business focused by operators, other types of Internet service units, and fully integrates various resources to enhance user experience and perception, so as to effectively help operators improve service quality, reduce manpower, operation and maintenance costs, and reduce user complaints.
  18. “WANGSU CLOUD COMPUTING (WSC) SERVICE”, means the one-station cloud platform service provided for the Party A, depending on the advanced cloud platform hardware resources and perfect technology service system, and combining the internet access resources and the advantage of Wangsu—IDC. WSC provides the capacity of calculation, storage and network for the customers as demanded.
  19. “WANGSU CLOUD STORAGE SERVICE”, means the object storage product researched by Wangsu independently. WCS provides services of mass data storage, delivery acceleration and data management, combining with the Wangsu Delivery Acceleration Technology.
  20. “EASY CLOUD BACKUP”, means the secure cloud online backup service composed of a cross-platform server storage pool and clients. Enterprises can back up the data in various file systems and applications systems to Wangsu Cloud Storage Pool. Even if the local encounters any disaster, the company’s backup data are intact, and can be restored.
  21. “EDGE CLOUD SERVICE”, refers to the one-stop edge computing solution provided by Party B based on the edge computing network of Wangsu, which integrates computing, storage, security and other elastic infrastructure capabilities, supports on-demand use and pay on demand, provides infrastructure platforms including edge cloud host, container platform and function computing platform, and provides application services and industry solutions based on the needs of industry customers, which can help customers rapidly deploy and manage large-scale and scalable IT infrastructure resources and application services without one-time investment, and help reduce business response delay, reduce the load of customer’s origin station, and meet the edge computing needs of customers in different business scenarios.
  22. “Application Security Acceleration Solution SECURE APPLICATION ACCELERATOR (S-APPA) SERVICE”, refers to the network transport layer acceleration and security protection products launched by Wangsu aiming at optimizing the dynamic data of enterprises and the Internet. This product is based on the global Internet cloud acceleration platform of Wangsu, uses network transport layer acceleration technology to solve the bottleneck of data transmission across regions and operators, build a high-speed data channel for the content transmitted by users, greatly improve the access speed and availability of enterprise and Internet dynamic data transmission, and help to solve the problems of slow access, poor experience and vulnerable to DDoS Attack of dynamic transmission data.
  23. “WEBSITE SECURITY MONITORING SERVICE”, refers to the monitoring services provided by Party B to Party A by using remote monitoring technology, including dark chain monitoring, sensitive word monitoring, hanging horse monitoring, tampering monitoring, usability monitoring, DNS hijacking monitoring and vulnerability monitoring.
  24. “CLOUD SECURITY SITUATIONAL AWARENESS”, refers to that Party B uses its own platform resources and protection capabilities to provide Party A with security situation insight, business situation insight, risk warning and other functions, so as to realize the “visible, manageable and controllable” of network security situation.
  25. “CLOUD CHANNEL SERVICES”, refers to the enterprise private network service provided by Party B to enterprise customers, which is convenient, safe, stable, flexible and controllable, and easy to maintain. It is a one-stop and efficient solution for the mutual visit and interconnection needs between enterprise customers and cloud platform, IDC data center, customer branches, etc.
  26. “CLOUD SECURITY CLASSIFIED PROTECTION”, refers to the life-cycle classified protection solutions provided by Party B, using its own platform resources, security protection ability and experience in construction of classified security, which help Party A to meet the requirements of network security level protection compliance, and assists Party A’s website to pass the evaluation of level 1, level 2 or level 3 (the actual needs of Party A shall be subject to the agreement of service agreement) test and put on record with the network security department and obtain the Filing Certificate.
  27. “WANGSU SECURITY EXPERT SERVICE”, refers to the customized security services provided by Party B’s professional security expert team, including penetration testing, security reinforcement, emergency response, risk assessment and other customizable service contents, which provide Party A with the ability to solve security problems, ensure the security of Party A’s network system, and help Party A to obtain appropriate security solutions before, during and after Party A’s system goes online , find security threats, analyze and solve security incidents, improve Party A’s safety protection ability, and let Party A get high-quality safety experience.
  28. “WANGSU VULNERABILITY SCANNING SERVICE”, refers to the security service provided by the professional security vulnerability scanning team of Party B to conduct vulnerability scanning for Party A’s system by using the vulnerability scanner independently developed by Party B. Including: vulnerability scanning, vulnerability verification, repair suggestions and providing professional reports, etc., to help Party A find and repair vulnerabilities and improve Party A’s security protection capability.
  29. “Wangsu IPv6 integrated solution”, refers to the three services provided by Party B based on the dual protocol stack technology, including IPv6 Origin Transformation, IPv6 Dual Stack Conversion and IPv6 Full Page, covering the IPv6 transformation requirements of different levels of website and app, and helping Party A smoothly and quickly realize the dual stack support for IPv4 / IPv6.
  30. “Wangsu Security Cloud Protection Software WEB APPLICATION FIREWALL (WAF) Solution”, refers to the website security protection services provided for Party A against web application attacks, by Party B using its own platform resources and web application firewall.
  31. “Wangsu Webpage Tamper Proof Service (WebGuard)”, refers to the service provided by Party B to protect the WEB site directory and directory contents in a comprehensive way by using the third generation anti tamper technology and through the file bottom drive mode, so as to prevent hackers and viruses from illegally tampering and damaging any type of files in the directory, and assist Party a to realize the anti tampering function of webpage.
  32. “WANGSU BASTION HOST SYSTEM”, refers to the service that Party B deploys a set of operation and maintenance security control and audit technical scheme, through centralized account management, operation and maintenance operation access control and whole operation and maintenance operation audit, establishes a centralized and active operation and maintenance security management and control mode for Party A, to reduce the human security risk and meet the compliance requirements.
  33. “WANGSU COMPREHENSIVE SECURITY AUDIT SYSTEM”, refers to the new generation of comprehensive security audit system provided by Party B based on big data architecture, which can efficiently collect, unified manage, centrally store and analyze heterogeneous logs of a large number of distributed devices, so as to enable Party A to meet the requirements of classified protection compliance, manage asset logs efficiently and uniformly, and provide the basis for the evidence collection after security incidents.
  34. “WANGSU VIDEO CLASS (vClass) SOLUTION”, refers to the online audio and video interactive classroom solution provided by Party B perpendicular to the education and training scene. The vClass service focuses on positioning SAAS layer online classroom tools, provides interface teaching software and cloud management services, and helps Party A realize online interactive live teaching quickly; At the same time, it has the PAAS ability open service, provides platform API interface and each terminal SDK, so as to facilitate Party A’s personalized integration of live classroom functions. At the same time, Party B provides guarantee for the transmission and processing of audio and video data involved in the online classroom.

Concepts and Definitions
1、 “PARTY A” hereof refers to the service demand party (the purchaser).
2、 “PARTY B” hereof refers to the service provide party (the provider).
3、 “BOTH PARTIES AND THE OTHER PARTY”: “BOTH PARTIES” means the Contracting Parties under this Contract, which refers to Party A and Party B specifically; “THE OTHER PARTY” means the other Contracting Party that takes part in the process of negotiation, execution and performance of this Contract.
4、 “THIRD PARTY RIGHT HOLDER”, means the third-party organizations, governmental authorities or individuals that hold the legally effective documents legitimately. Such documents include, but are not limited to: certificate of copyright, patent or trademark; effective legal documents (judgment, conciliation statement, and/or award); laws, regulations, departmental rules, or administrative orders that are closely relevant with the legitimacy of the continuing performance or early termination of (all or part of) this Contract.
5、 “CONTRACT PRINCIPAL”, means the persons as designated by the Parties that could represent the authorizers’ intension, and are responsible for decision-making, explanation, and communication regarding technology, business and/or service matters for the performance of this Contract.
6、 “BASIC TELECOM SERVICE OPERATOR”, means the legal entity that has obtained the License for the Operation of Basic Telecom Service in accordance with the laws of the Country where the Service is delivered.
7、 “TELECOMMUNICATIONS ADMINISTRATION”, means specially the Ministry of Industry and Information Technology of the P.R.C. and its subordinated departments, which carry out the administration over Internet and information technology, Internet access, and other kinds of services.
8、 “RELEVANT GOVERNMENTAL AUTHORITY”, means the governmental authority, judicial organ, or third-party organization that carries out the administration over Internet access, information content, miscellaneous services, intellectual property rights and other relevant issues pursuant to the laws and regulations of the P.R.C. and laws and regulations of the Country where the Service is delivered. Such governmental authorities include the Internet Surveillance Branches under Public Security Bureaus of the P.R.C., the respective Internet industry associations, etc.
9、 “SERVICE FEE ACCOUNTING AND DATA INQUIRY SYSTEM” (hereinafter referred to as “the ACCOUNTING SYSTEM”), means specifically the service system acknowledged by Party A, of which the service interface (SI) is provided by Party B, where Party A can log in to download, view and retain service data by itself, and to inquire data usage and calculate service fees therewith. The billing figure and data used to inquire data usage and calculate service fees are derived from Wangsu Customer Service System.
10、 “MINIMUM SERVICE FEE”, means the traffic (or bandwidth) that Party A commits to use every month, or the committed amount as agreed by both Parties while Party A purchasing the service from Party B. If the traffic (or bandwidth) actually used by Party A did not meet the committed amount, Party A shall still pay Party B the service fee which equivalent to the committed amount. The burstable part shall be additionally paid by Party A to Party B.
11、 “BOOKED ADDITIONAL SERVICES”, means the bandwidth, traffic and/or other services provisionally purchased by Party A.
12、 Except for special description otherwise, “1G” hereof refers to “1000M”.
13、 “DESCRIPTION OF SERVICE AVAILABILITY”:
a) “SERVICE AVAILABLE”: means after using the Network Platform Service provided by Party B, the webpage, documents and/or streaming media of Party A under its domain name can be accessed or downloaded or can reach the agreed service purpose.
b) “SERVICE UNAVAILABLE”: after deducting the service available time from the total service time, the rest is the service unavailable time.

Authorization and Signature

  1. Both Parties agree that before the signing of the Contract, both Parties have fully known and understand the items of this Contract, including rights and obligations, proprietary technologies and vocabulary, industry practice, relevant laws and regulations and the agreements with risks and consequences, without any misunderstanding or doubts.
  2. All the representatives of the Parties to the Contract (Contract Principal) have obtained the necessary authority to sign this Contract and have completed their respective internal approval process. All the contents signed by the representatives are true declaration of the Parties’ will, and there is no situation of signing a contract or commitment beyond the scope of authority.
  3. For better cooperation, the Parties shall appoint authorized Contract Principal and valid contact information in charge in the Contract or the attachment such as the Service Agreement or the Service Order. The Contract Principal in the Contract may amend and renew the Contract through the appointment contact information (for instance, email).
  4. The Parties confirm that the changement of the Contract Principal, the revoke of the original authorization and the authorization of the new Contract Principal shall be confirmed in written form by that Party.
  5. The terms and conditions of this Contract shall bind and benefit any successor or transferee of each Party. However, without the prior written consent of the other party, neither party shall assign (or transfer through other manners) its obligations under this Contract to any third party directly or indirectly.
  6. Nothing in this Contract shall constitute a solicitation for employment to the other party’s personnel, or constitutes one party an agent or representative for the other party. Unless expressly stated in the agreement, neither party is authorized to assume or create any obligations or responsibilities on behalf of or in the name of the other party., whether express or implied. During the performance of this Contract, each Party shall act as an independent contractor.

Service, Confirmation and Settlement
1、 The duration of this Contract shall be subject to supplementary Service Agreement and/or Service Order. Where the Parties do not agree on a specific period, by default the duration shall be twelve (12) months form the date of signing. Details, for instance, the date and duration of charging, the price, settlement and payment of the service, shall be subject to supplementary Service Agreement, Service Order and/or other appendixes.
2、 If Party A proposes to terminate the Contract on the expiry day, it shall give Party B a written notice for termination thirty (30) days in advance. Party B will complete the operations in this thirty-days-period and suspend the service on the expiry day. In this case, the cost of the service will be calculated to the expiry day. If Party A fails to deliver the written termination notice thirty (30) days in advance, party B will be entitled to postpone the expiry day till the day that is thirty(30) days after the actual reception of the termination notice. In this case, the cost of the service will be calculated till the actual expiry day.
3、 Where no expressed intension is submitted by Party A after the expiry of this Contract, and Party A continues to use the service provided by Party B, this Contract will be automatically extended for the same contract period, and the terms and conditions of this Contract shall be applied to the renewed contract also. Such extension shall have no limit on times.
4、 Both Parties hereby confirm that, all the service fees under this Contract shall be settled in RMB. Concerning the particularity of Internet and Telecommunications Value-Added Services, Party A acknowledges and voluntarily uses the Service Billing and Data Inquiry System provided by Party B. Party A’s doubts about the bill or data should not be the ground for its unilateral termination or suspension of this Contract, or the relief of its payment obligations.
5、 During the performance of this Contract, where Party A needs to increase the usage amount within the scope of Service it purchased, it shall propose in writing five (5) working days in advance, and with Party B’s prior consent, amend the Service Order or sign a separate supplementary agreement with Party B or notify through the Contract Principal’s e-mail. Except for the changes to the usage amount as aforementioned, other changes to this Contract shall be confirmed by signing supplementary agreement(s) after mutual consultation.
6、 During the performance of this Contract, where Party A needs to decrease the resources usage amount within the scope of Service it purchased, it shall propose in writing thirty (30) working days in advance, and with Party B’s prior consent, amend the Service Order or sign a separate supplementary agreement with Party B or notify through the Contract Principal’s e-mail. Except for the changes to the usage amount as aforementioned, other changes to this Contract shall be confirmed by signing supplementary agreement(s) after mutual consultation.
7、 If changes of the Contract are carried out through a Service Order or a Supplementary Agreement (except for through the email), the Service Order or Supplementary Agreement aforementioned shall become effective after being signed and sealed by both Parties.
8、 After the commencement of Service, Party B shall notify Party A to sign-off in writing, and Party A shall sign the respective documents for its confirmation. Any objection from Party A should be brought in writing within two (2) working days upon receipt; where Party A did not file any written objection within the required time, it shall be deemed to constitute Party A’s acceptance of such Service(s).
9、 The minimum commitment service fees (where applicable) as agreed in this Contract shall be paid in the agreed payment period (monthly/quarterly/yearly/other). Party A shall pay such fees since the entry into effect of this Contract and before the actual use of the Service. As for the part exceeds the minimum service fees or exceeds the agreed service, a written notice shall be sent to Party B five (5) working days in advance, and such notice should be confirmed by Party B accordingly. Where Party A did not use the aforementioned additional service, the relevant service fees should still be paid to Party B.
10、 Both Parties agree that, Party B shall send the Notice of Payment before the fifth day of the first month of the promissory payment period in written form or by e-mail (for the address (or the e-mail address) of the receiving party, see Service Contract or Service Order of this Contract). Party A shall complete the confirmation of the Notice of Payment within three (3) working days upon the receipt, and notify Party B to issue the invoice with the same amount as the service fees. Party A shall complete the payment within five (5) working days upon the receipt of the invoice. Party A’s failure to confirm the Notice of Payment in writing within five (5) working days upon receipt shall be regarded as Party A has no objection to the Notice of Payment.
In case the Payment Date is not consistent with that in the Service Order, the Service Order shall prevail. Notwithstanding whether there are other agreements, individual customers shall pay advance. Sending Notice of Payment and the issuance of the invoice hereinbefore are subordinated obligations of Party B. Party B’s issuance of the respective invoice shall not be regarded as the confirmation of Party A’s payment, Party A’s payment status is subject to the actual receipt of payment at bank.
During the performance of this Contract, Party B shall, in the basis of the prices and the time stipulated in the Contract or the Order, before the fifth of the first month of the promissory payment cycle, provide the service billing, data statistics of each payment cycle and the Notice of Payment hereinbefore and charge the fees.
11、 If the billing period is not expressly appointed, determine as follows: the starting day shall be the day when the service or the billing starts, the length of the period shall be the number of days of a natural month, and the ending day shall be subject to the starting day and the length of the period, so is the follow-up, the starting day and ending day is joint but not coincident. And the specific time is subject to the Bill of Wangsu.
12、 If Party A needs to access bandwidth in a short time due to business requirements during the Service process and the traffic is expected to exceed the bandwidth of last month for 50% (or “burst bandwidth”), it shall Party B at least 2 working days in advance so that Party B can carry out bandwidth redundancy. For the burst bandwidth aforementioned, the Parties shall negotiate further and confirm the charges in written form (including emails), or take the amount of bandwidth on the day of burst bandwidth separately and confirm the charges in the unit price stipulated in the Service Order.
Except for the bursts that Party A has notified in advance in accordance with the Contract, other bursts shall be measured separately on the day of burst bandwidth and charged in a price of 1.2 times of the agreed price in the Contract. The quality issues caused by an unannounced burst bandwidth shall be assumed by Party A and shall not be included into unavailable time.

Rights and Obligations
1、 Rights and Obligations of Party A
(1) Party A warrants that it has all the qualifications, licenses and ICP records etc., necessary for the performance of this Contract as required by the relevant laws and regulations, all the legal liabilities and adverse consequences resulting from Party A’s lack of the foregoing materials of qualifications, licenses and ICP records shall be borne by Party A.
Party A shall provide the foregoing qualifications, licenses and ICP records for Party B and ensure all the information and materials are authentic, accurate, legal, valid and complete. In case the information and materials change or update during the term of Contract, Party A shall notify Party B promptly and provide the up-to-date materials and information, and ensure the up-to-date materials and information are consistent with those recorded in the relevant department.
(2) Party A warrants not to make, copy, publish or propagate messages containing the following contents: oppose the basic principles stipulated in the Laws of P.R.C., and the laws, regulations and policies of the countries (regions) where the service is provide; jeopardize national security, divulge state secrets, incite subversion of state power, undermine national unity; impair state honor and interests; incite hatred or discrimination among nationalities or harm the unity of the nationalities; break the national religion policy and/or blazon forth evil cults or superstitions; disseminate rumors, disturb social order and undermine social stability; spread obscenity, eroticism, gambling, violence, homicide and horror, or abet criminality; insult or slander other people, or impair other people’ legitimate rights and interest; and other contents prohibited by laws and regulations. Party A also warrants not using the services provided by Party B to engage in the activities endangering telecommunications and network security, or disrupting the normal order of the telecom market.
(3) Party A warrants to conduct complete inspection and filter over the accessed contents, including but not limited to websites, instant messengers, network disks and videos; it further promises to entirely remove harmful messages which contain violence and/or terrorism, close the accounts which contain videos advocating violence and/or terrorism, and set up a working list for clearing violence and/or terrorism related videos.
(4) Party A should use the Services in accordance with the terms and conditions of this Contract, should not use the Internet resources provided by Party B to operate any service which it does not have qualification, should not use the Internet resources provided by Party B to engage in illegal activities, and should not use the bandwidth to provide access to other Internet service providers or Internet entities in any way (including, without limitation, building optical fiber or VPN channel).
In case of any change to its scope of business, Party A shall sign supplementary agreement(s) with Party B to confirm such changes.
(5) Where the qualification of Party A’s source site needs authorization or permit from the relevant governmental authorities, Party A should obtain the respective authorization, permit, and/or ICP record. Party A is aware and acknowledges that, where the relevant governmental authority investigates Party A’s online information through Party B (for instance, the Internet access log, login history, details on distribution of information), Party A shall fully corporate with such investigation (including, without limit to, provide all log data). In the case Party A points the unrecorded domain name to the IP address provide by Party B without the consent of Party B or the record information provided by Party A is not true, accurate or valid, Party B has the right to cease the acceleration service of such domain name, and shall assume no liability for breach of contract, and Party A shall assume all the adverse consequences therefrom.
(6) Unless otherwise agreed by both Parties in writing, Party A acknowledges that Party B has the proprietary rights of the materials, software, data, etc. it provided to Party A. Party A has no right to propagate, transfer, license or allow others to use these resources or share these resources to others.
(7) Notwithstanding otherwise stipulated in this Contract, both Parties confirm that: within the scope of the Service(s) provided by Party B to Party A, there is no declaration of intention on the transfer, authorization or permission of usage of Party B’s intellectual property rights.
(8) Party A understands that, where it is under the legislative jurisdiction of P.R.C. during the process of service, it shall record the end users’ Internet history according to the requirements set forth in the Regulations on the Protection of the Right of Communication through Information Network, Administrative Protections on the Copyright in Internet of P.R.C., and other relevant laws and regulations. Such records shall be kept for no less than six months, and provided to the governmental authorities upon request in conformity with legal provisions.
Party A shall also properly record and keep the relevant back-up information according to the agreements of the Contract or the provisions of laws and regulations of the countries or regions where Party A is located or where the service is in, in order to accept the inspection of relevant departments.
Party A should provide the backups to the relevant governmental authority in accordance with the inspection requirements. Party A shall also be comply with the provisions of laws and regulations of Anti-Terrorism Act of P.R.C., and the Amendment to the Criminal Law of P.R.C. (IX).
(9) Party A has the obligation to support the relevant governmental authority’s administration, examination and adjustment work in accordance with provisions set forth in the laws, regulations, department rules and management measures. Where Party A is exempted from the aforementioned works, or the ongoing examination or adjustment work suspends under the approval from the relevant governmental authority, Party A shall notify Party B in advance and provide the relevant supporting documents.
(10) Party A shall provide reasonable supports and assistance when Party B furnishing services for Party A. In the case that Party A needs to change the Contract-Service-related and product-related configurations, it shall notify Party B at least five (5) working days in advance so as to ensure that the Service will not get interrupted unexpectedly. Party A is responsible for the uploading and the provision of verification information, and has an obligation to notify Party B before uploading. Where Party A changes the configurations of its source site, it shall communicate with Party B, Party B shall assist Party A in avoiding the interruption of Service that results from improper settings.
(11) Where Party A’s website encountered any application or traffic abnormality, or its website was attacked by hackers for instance third party network attacks, Party A shall communicate with Party B promptly, so as to guarantee the service level, however Party A shall still pay the traffic or bandwidth fees incurred thereby.
If Party A is attacked but has not bought the Attack Prevention Service, Party B has the right to transfer the attack traffic to the source station or stop the service temporary. Party B’s damages or expenses arose from the attack shall be compensated by Party A
(12) After notifying Party B in advance and signing multi-party agreements, Party A could share the Service(s) under this Contract with its controlled company, subsidiary company, or other affiliates temporarily or chronically. The company which shares Service(s) with Party A shall also comply with the provisions regarding qualification, legal affairs, as well as price and quality issues as prescribed in this Contract. Unless otherwise agreed, Party A has the obligation to pay the service fees under this Contract to Party B on time, and shall undertake joint responsibility for the liabilities and service fees resulting from the sharing of Service(s).
(13) Before paying any bill, Party A shall notify Party B the service fees to be offset in writing precisely (including the kind and term of the service). Where Party A did not notify Party B in writing precisely, Party B has the right to confirm the kind of the service fees to be offset itself. And the Party A shall not demur or contradict.

2、 Rights and Obligations of Party B
(1) Party B shall provide CDN Service for Party A, which includes system configuration, networking adjustment, etc., and report the achievable functions to Party A.
Party B shall provide 24×7 (24 hours a day, 7 days a week) technical supports to Party A, so as to assure that Party A’s website or acceleration objects could get normal Service. Technical supports referred to in this sub-Clause including, but not limited to the daily maintenance, monitory and timely troubleshooting etc., and other compensable/free services separately concluded by the Parties.
(2) Where the Service was interrupted or unavailable because of the failure of Party A’s source sites or system, Party A acknowledges Party B shall not be liable in this event, however Party B shall cooperate with Party A in troubleshooting promptly.
(3) During the Term of this Contract, Party B shall provide the related access logs upon request, and retain such access logs for no less than six months. However, where the storage space exceeds 500MB in a day, Party B will collect and retain the data in the sampling form. Party A shall download and save the access logs in six months. Party B does not warrant retaining the access logs which exceeds six months. However the aforementioned data reservation is restricted to the distribution acceleration products (for instance, CDN, WSA, MAA, etc.), other products shall be concluded separately by both Parties.
(4) During the Term of this Contract, Party B shall provide inquiry service for the last six months’ log analysis data, and the last two years’ service statistics free of charge.
For log analysis data over six months and less than nine months and service data over two years, Party B will assist in providing data inquiry after Party A puts forward a written (including email and fax) inquiry application, and the specific method shall be separately notified by Party B; however, Party B will not retain the log analysis data over 6 months; the service data will be retained until the service is terminated.
Since the performance of this Contract is based on the particularity of the Network Product and its service, Party B shall set a one-month’s data retaining period, one month after the expiry of the Contract, the log analysis data will not be retained, and the bandwidth data will be kept for six month since the expiry of the Contract. However the aforementioned data reservation is restricted to the distribution acceleration products (for instance, CDN, WSA, MAA, etc.), other products shall be concluded separately by both Parties.
(5) Both Parties hereby acknowledge that, according to the requirements set forth in the laws and regulations, and upon the relevant governmental authority’s request, Party B has the right to supervise the content Party A published through the CDN Service, and supervise whether the activities Party A engaged in (by using the Service) has obtained the respective authorization, permit, or record. Where Party A is in breach of this Contract or violates the laws and regulations, and causes the legal measures being taken by the Public Security Bureau, the Procuratorate, the Court, the Telecommunications Administration, or receive claims from third party right holder(s), Party B has the right to interrupt the Service under this Contract, and re-perform this Contract only after the problem(s) have been solved, or terminate this Contract at any time. Party B shall not be liable for the losses caused to Party A in this event. For the losses caused to Party B resulting from the aforementioned reasons, such losses shall be solely borne by Party A.
(6) Party B has the right to charge the relevant service fees from Party A according to the provisions set forth in this Contract and it has the obligation to draw up service fees invoices for the Party A.
(7) According to the relevant laws and regulations and the relevant provisions of the department rules, Party B shall cooperate with the relevant national regulatory authorities and / or public security organs to conduct Internet Security Supervision and inspection through on-site inspection or remote detection, and provide Party A’s information according to the requirements of relevant national regulatory authorities and / or public security organs for inspection. This behavior shall not be deemed as Party B’s disclosure of Party A’s information, and Party A understands and unconditionally supports it.

Rescission, Termination, Liability for Breach of Contract and Compensation

  1. The Parties may terminate the Contract through consultation.
  2. In the event of any of the following circumstances, a party shall have the right to terminate this contract:
    (i) the purpose of the contract cannot be realized due to force majeure;
    (ii) a party breaches the Contract and the breach is not corrected in the limited time required by the other Party;
    (iii) the serious breach of contract by one party leads to the failure of the purpose of the contract;
    (iv) the procedure of bankruptcy, reorganization, dissolution and liquidation of a party.
    In the event of any such circumstance, either party may terminate the contract in writing. The notice of termination shall take effect from the date of arrival of the other party. If one party disagrees with the termination of the contract, it shall, within 90 days after receiving the notice of termination, request the People’s Court or arbitration institution to confirm the validity of the termination of the contract.
  3. If either party fails to perform its obligations under this contract, it shall be deemed to breach the Contract. If the breach leads to the termination of the Contract, the breaching party shall pay to the observant party an amount equivalent to three months’ average service fees before the termination of the Contract. Meanwhile, the observant party reserves the right to claim damages from the breaching party.
  4. Unless otherwise stipulated in this Contract, during the execution of this Contract or during the period of default renewal, where either Party request the early termination of this Contract, it shall notify the other Party thirty (30) days in advance in a written form. The party who requests the termination shall pay the other party compensation with the amount equivalent to three months’ average service fees before the termination of the Contract. Where such party fails to notify the other party thirty (30) days in advance, on the basis of the foregoing compensation, it shall further pay one more month’s service fee (calculated according to the average of three months’ service fees before the termination of the Contract) as the liquidated damages. If the liquidated damages are not enough to make up for the losses, the party terminating the contract in advance shall also compensate the other party for the loss of the insufficient part of the liquidated damages.
  5. Where Party A pays the service fees under this Contract in delay, for each day of the delay, Party B has right to charge the overdue fine with the amount equivalent to five over thousandths (0.5‰) of the current due payment. Where Party A’s delay in payment lasts for more than ten (10) working days, Party B reserves the right to suspend or terminate all the services under this Contract at any time. In the case that this Contract is terminated due to Party A’s delay in payment, Party A shall pay Party B the liquidated damages with the amount equivalent to the average of three months’ service fees before the termination of the Contract, and compensate Party B for the loss.
  6. Both Parties confirm that, either party’s failure to perform one or several clauses, exercise its rights, or require the other party to perform its obligations under this Contract shall not be understood as a waiver of the rights of aforementioned clauses, or affect the effectiveness of this Contract in any means, or be regarded as a waiver to claim the rights of this Contract, and that party’s right to take any action(s) should not be prevented.
    Based on the aforementioned confirmations, in the case that Party A has committed any material breach of this Contract, however in consideration of the particularity of the Service under the Contract, Party B did not dissolve or terminate this Contract, such situation shall not be regarded as Party B waives its right of recourse towards the service fees, penalties, and/or compensations under this Contract, and shall also not be regarded as Party B enlarges the losses maliciously.
  7. While using the Services provided by Party B, where Party A breaches the provisions set forth in this Contract, infringes other’s rights, violates laws and/or regulations, or is against public morality, Party B has the right to suspend the Services while urging Party A to make corrections as required by the competent authority, or after receiving the claims from the right holder who holds the relevant certificates, notify Party A to make corrections, and reserves the right to suspend the Services. The Service shall only be restored after the rectification has been accepted by the competent authority, or Party A provides sufficient proof of non-infringement or non-violation. Where the circumstance is serious, or the violations happened for more than three (3) times, with notice sent to Party A, Party B has the right to immediately interrupt Services and dissolve this Contract immediately, Party A shall assume the losses and adverse consequences caused therefrom. Where Party B finds Party A of violating the compulsory provisions of the laws, Party B may terminate the service immediately and investigate the liability for breach of Contract.
    The early termination of this Contract caused thereby is Party A’s responsibility, Party A shall compensate Party B according to Clause 5.3 of this Contract. Where Party B’s reputation is damaged, or its qualification for business is limited because of the reason of Party A, Party B has the right to claim compensation from Party A.
  8. If any provision or portion of this Contract is determined to be invalid, illegal or unenforceable in any respect under the laws of the P.R.C., the remainder of this Contract shall continue in full force and effect.
    Where any provision or portion of this Contract is determined to be invalid, illegal or unenforceable, the Contracting Parties shall negotiate in good faith and amend this Contract in a manner acceptable to both Parties so as to implement their original intensions.
  9. This contract, together with any attachments to this contract, shall be in conformity with the full meaning of the parties hereto. This Contract constitutes the entire agreement between the Parties hereto. This Contract, together with its appendices, are the complete and exclusive expression of the Parties’ consensus on the matters contained herein and supersedes all prior intensions, expressions or understandings, whether oral or in writing.
  10. The compensation of the fault Party of the Contract includes, without limitation to, the various correlative charges of the non-breaching Party protecting its rights, for instance, bar fee, legal cost (arbitration fee), evidence preservation fee, evidence preservation guarantee fee or insurance premium, execution fee, notarial fee and associated travel expenses and hotel expenses.
  11. In the case that Party A’s product or service were unavailable due to the reason of Party B, Party B shall exempt the relevant service fees. The exemption is based on the minutely fee of the month when the service is unavailable, and is twice over the fees under the service unavailable time (which is calculated by minute). The maximum exemption shall not exceed the minimum service fee of the product or service of the respective month, and shall not be accumulated to the next month in any way. (Concerning the particularity of the product, if the Products of Security Service is unavailable, Party B shall extend the relevant service time. The extension is twice over the service unavailable time. The maximum extension shall not exceed service time of the product or service of the respective month) Party A agrees that, except as stipulated in this sub-Clause, Party B shall not be liable for Party A’s any further losses caused by the unavailability of the product or Service of Party B.

Application of Law and Dispute Settlement

  1. The formation, validity, construction, performance and settlement of dispute under this Contract shall be governed and construed in accordance with the laws and regulations of the People’s Republic of China, regulations issued by telecom administrations, as well as the respective industry standards.
  2. Any dispute arising from the performance of, or in connection with this Contract shall be settled through friendly negotiation between both Parties hereto.
    In case no settlement to dispute can be reached through friendly negotiation, the dispute shall be submitted to Beijing Arbitration Commission (BAC) for arbitration and is to be conducted in accordance with BAC’s Rules in force at the date hereof. The arbitration award is final and binding upon both Contracting Parties.

Disclaimer

  1. The Parties acknowledge that, the following situations which caused the unavailability of service or has other impacts shall not be regarded as either Party’s breach of contract, and neither Party shall assume any liability thereof:
    (i) the Service may be interrupted for a short time when conduct soft/hard ware or nodes configuration;
    (ii) the unavailability of Service was caused by the failure of Party A’s source site, or the adjustment of Service conducted by Party A; and the debugging was made under the requirement of Party A, and the Service becomes unavailable because of the unreasonable debugging;
    (iii) concerning the particularity of computer and Internet, the service unavailability and/or other service/security problems was caused by hacking, virus attacks, telecommunications administration’s technical adjustment.
  2. Where the content or service of either Party contains any information that violets the laws, regulations or prohibitions stipulated in this Contract, as required by the competent authority, or the right holder who holds the legally binding official letter or judicial document, the other Party reserves the right to temporarily suspend, or terminate the Service under the Contract at any time after notifying the former Party. For the losses caused by the suspension or termination, the Party that did the action shall assume no responsibility.
  3. Party A hereby acknowledges that, while providing the Service, Party B will only distribute, transmit and cache the data, and will not process the data. If Party B actively caches data from Party A in order to improve user experience, network transmission efficiency and access experience, it shall not be considered infringement by Party B. While using the services as provided by Party B, in the case that Party A infringes other’s rights, violates any laws and regulations or any applicable data protection laws, regulations, rules and principles, or is against public morality, according to the respective laws and regulations, for instance, the Regulations on the Protection of the Right of Communication through Information Network of the P.R.C., Party A acknowledges that, such infringement or violation is irrelevant with Party B, and Party B shall assume no responsibility. Concerning the features of technology of the service under the Contract and applicable laws, Party A shall take necessary technical and organizational measures on its own when Party B automatically obtains the content from Party A’s source site or content actively pushed by Party A, that is, Party A shall properly back up the original data to avoid the original data to be illegal accessed or used…
  4. The Parties confirm that, concerning the uncertainty and replicability of the value of data, for any loss of the original data, Party B shall assume no responsibility, no matter what kind of service Party B provides or whether the loss of data is caused by the service failure or not.
  5. Party A shall give assistance to Party B under necessary investigation, examination and administration of China, the country of Party A or the country/region of the Service. The investigation, examination and administration aforementioned are aimed at the situation of Party A using the Service of Party B, according to the laws, regulations, and policies. Notwithstanding the foregoing, Party B is not liable for breach of Contract or and illegal act of Party A, as well as the investigation and examination aforementioned.
    In the event that the contract cannot be continued, Party B shall have the right to terminate this contract without any liability for breach of contract, and Party A shall compensate Party B for the corresponding losses.
  6. The Exemptions herein shall remain in effectiveness after the termination of this Contract.

Force Majeure Event

  1. “FORCE MAJEURE” under this Contract means an objective event or circumstance which could neither be foreseen nor be avoided or overcome, including but not restricted to:
    (i) natural catastrophes such as flood, fire, explosion, thunder, earthquake and storm;
    (ii) social events such as basic telecom service provider’s power breakdown or network error, war, insurrections, riots or civil disorders, governmental act, sudden change to laws or public policies and strikes.
  2. Either party being prevented from performing all or part of this Contract or performed in delay owing to the event of force majeure shall notify the other party by a written notice within five (5) days of the occurrence of the event, and shall also provide a certificate for evidence to explain the reason of the impossibility of performance or delay in performance within twenty (20) days thereafter.
    The affected party shall be exempted from the corresponding liabilities within the scope of force majeure. Either party fails to notify the other party the extent of the force majeure event promptly, or fails to provide the respective certificate in a timely manner shall assume the liability for breach of contract as required herein.
  3. The affected party shall take all appropriate measures to minimize or remove the effects of the force majeure event, and resume the performance of this Contract after the elimination of the event immediately, unless such performance has become impossible or unnecessary.
  4. If either party is prevented from performing any of its obligations under this Contract due to an event of force majeure, the other party shall be entitled to terminate this Contract wholly or partially.

Non-Disclosure

  1. Confidential information mentioned in this contract means all information, data or technology that is not known to the public and can bring economic benefits to the owner, including, without limitation, any/all of the commercial and financial information, technical, production and conference material of the provider related to research, development, production, products, service, customers and market. For instance, the software, program, invention, technics, design, drawing, know-how, project, procedure, manner,
  2. Except as otherwise provided by laws and regulations currently in force in China or with the other party’s written consent, each Party shall treat the information listed below as confidential, and shall not disclose such information to any third party or misuse:
    (i) the contents of this Contract,
    (ii) the other party’s business secrets and other practical information of technology and operation learned during the performance of this Contract,
    This Confidentiality Clause shall continue in force notwithstanding the completion or early termination of this Contract.
  3. The Confidential information aforementioned doesn’t include the following information which:
    a) was already in the possession of Recipient at the time of the disclosure through no breach of Recipient of its obligations hereunder;
    b) becomes in the public domain not because of the fault of either Party;
    c) was received from a third Party in the absence of a duty of confidence hereunder, and within the limit of what the recipient know, the third Party is legal to obtain and disclose the confidential information;
    d) was disclosed to a third Party in the absence of a duty of confidence hereunder by the provider and legally disclosed by the third Party;
    e) was independently developed and obtained by the Recipient without access to the confidential information;
    f) was disclosed by the Recipient with the prior written consent of Provider;
    g) was displayed only as a part of a successful case.
  4. The Recipient hereof refers to the Party who obtain the confidential information, and the Provider refers to the Party where the confidential information comes from.
  5. The acquisition of any confidential information doesn’t mean any patent or copyright is grant to the Recipient, nor does it mean that the receiver has any right to the confidential information, except for the right to use the confidential information reasonably in order to perform the obligation under the Contract.
    The obligation to confidentiality shall also apply to documents and other information relating to inventions unregistered or haven’t been granted patent rights.

Notification
1、 Each Party shall submit to the other Party the name list and contact information of the authorized representatives who performs this Contract (including the Contract Principal and relevant technical, business and financial staff), and notify the other Party of any changes to such information by a written notice within three (3) days.
2、 All notices delivered for the performance of this Contract are effective when: the notices are delivered to the confirmed mailing address and actually received by the recipient, irrespective of the transfer mode it actually used.
3、 The “actual receipt” in this Clause means the Notice (or Information) reaches the recipient’s afore-confirmed address.
Notices shall be deemed to have been received as follows:
(i) upon delivery at the specified address if delivered by hand;
(ii) on the third business day after deposit if sent by pre-paid post or express mail;
(iii) when delivered into the receiver’s email system if sent by email.
4、 Both Parties confirm specially that, the Contract Principals appointed by each Party are entitled to represent each party to execute agreements, propose requirements, provide materials, sign-off, and clear out payments. Except as otherwise agreed, signature or the confirmation email from the confirmed mail address of the Contract Principal could be regarded as the acknowledgement of the party it represents.
5、 In the case of any changes to the contact information or the Contract Principal, the other party should be informed promptly, and such changes shall only take effect when they are actually received by the other party. Where one party fails to inform the other party effectively, notices or communications sent to the previous confirmed address (or sent by the contract principal) in accordance with the provisions set forth in Clause 3 hereinbefore can also be regarded as EFFECTIVE DELIVERY. The damage caused thereby shall be borne by the breaching Party.
6、 In the event of the occurrence of merger or division of one party, or any transference of rights, obligations or subjects in connection with this Contract, the Party shall notify such changes to the other Party promptly in accordance with the provisions set forth in Clause 10.6 above. Unless otherwise agreed by both Parties, the Party fails to address such notice effectively shall assume joint liability together with the transferee.

Miscellaneous
1、 The rescission and termination of the Contract or any invalidity of the clauses shall not affect the Contract on the interpretation of the Contract, liability of breach of the Contract, intellectual property, legal application, limitation of liability, compensation and dispute about the validity of agreement.
2、 The interpretation and explanation shall be compliant with the purposes and the literal meaning of the Contract and the common understanding and practice of the industry. And the terms and attachments shall be understood and interpreted as a whole.
The titles herein shall not affect the meaning or interpretation of this contract.
3、 The Contract shall change the relevant contents if the laws, administrative rules and regulations on which the contract is based have been changed. And in the event of any significant change in the objective conditions on which the contract has been made, the performance of this contract cannot be fulfilled, the relevant contents of the contract or the performance of the termination of the contract may be altered by mutual agreement between Party A and Party B.
4、 Within the validity period of the Contract, if a Party goes to public, being purchased, combines with a third Party, changes the name or recombines; the other Party agrees that this Party may assign its rights or obligations under this Contract to the relevant successor and the transferor Party shall ensure that the assignment won’t affect the rights and interests of the other Party hereof.

Wangsu Science & Technology Company Limited Service Contract (Special Terms)
for products of distribution acceleration

On the basis of General Terms, the Parties agree on details of the cooperation or the service through Special Terms which are the materialization, addition or modification of the General Terms combine with specific products and services. Both the General Terms and Special Terms are integral parts of the Contract. If the Special Terms are inconsistent with the General Terms, the Special Terms shall prevail.
In accordance with the principle of equality, voluntariness and mutual benefit, the two sides have reached the following agreement on the special terms of the products to comply with.

I. SPECIAL TERMS FOR WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE CONTENT DELIVERY NETWORK (CDN) SOLUTION
1、 If Party A needs to access bandwidth in a short time due to business requirements and the traffic is expected to exceed the bandwidth of last month for 50% (or “burst bandwidth”), it shall notify Party B at least 2 working days in advance so that Party B can carry out bandwidth redundancy. For the burst bandwidth aforementioned, the Parties shall negotiate further and confirm the charges in written form (including emails), or take the amount of bandwidth on the day of burst bandwidth separately and confirm the charges in the unit price stipulated in the Contract.
Except for the bursts that Party A has notified in advance in accordance with the Contract, other bursts shall be measured separately on the day of burst bandwidth and charged in a price of 1.2 times of the agreed price in the Contract. The quality issues caused by an unannounced burst bandwidth shall be assumed by Party A and shall not be included into unavailable time.

II. SPECIAL TERMS FOR WANGSU INTER-NETWORK DISTRIBUTIONCLOUD PLATFORM SOFTWARE WHOLE SITE ACCELERATOR (WSA) SOLUTION
1、 TERMINLOGY:
a) “MONTHLY SERVICE FEE”, means by using the packaging service provided under WSA Service, the basic service fees ought to be paid every month;
b) “REQUESTS”, means all URL requests issued to the WSA System at a specific time, i.e., the total number of logs of the domain in a specified period of time, which can be calculated according to the web logs.
c) “UNIT PRICE FOR REQUESTS”, means the fees to be paid every million requests.

III. SPECIAL TERMS FOR WANGSU NETWORK SERVCE PLATFORM SOFTWARE MOBILE APPLICATION (MAA) SOLUTION
1、 TERMINLOGY:
a) “MONTHLY SERVICE FEE”, means by using the packaging service provided under MAA Service, the basic service fees ought to be paid every month;
b) “REQUESTS”, means all URL requests issued to the MAA System at a specific time, i.e., the total number of logs of the domain in a specified period of time, which can be calculated according to the web logs.
c) “UNIT PRICE FOR REQUESTS”, means the fees to be paid every million requests.

IV. SPECIAL TERMS FOR WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE ACCESSING ACCELERATOR (ACCA) SOLUTION
1、 There are two business modes of ACCA service, online and offline (Party A can choose either one mode or two modes at the same time, see the Order for details):
(1)Online Mode
Under the ACCA online mode, Party B will provide the diversion software client application and operation manual, and Party A shall install and configure the diversion software client on the terminal equipment. Party B has complete rights to the client of the diversion software, including but not limited to the intellectual property rights of the software. Party A only has the right to use and shall not use any measures to crack or decompile Party B’s software and services. Once any of the above breach behaviour is found, Party B has the right to terminate the service, and Party A shall compensate Party B in accordance with the law.
(2)Offline Mode
Under the ACCA offline mode, Party B needs to deploy a hardware accelerating device in LAN of Party B, and the specific type of the device shall be subject to Party B’s offer. Party A shall have obligation to keep the device safe. In case of loss, damage or destruction, Party A shall compensate Party B according to the law and return the device to Party B after the termination of the Contract.
Moreover, Party B enjoys complete rights to the device, including but not limited to the property rights of hardware and software stored in the equipment the device. Party A has the right of use only but by no means shall Party A crack or decompile the device, software and the services provided by Party B. Once Party A is found to have the above act, Party B shall have the right to terminate the service, Party A shall compensate Party B’s losses in accordance with the law. If Party A needs to obtain the ownership of the equipment after the expiration of the service, the conventions in the Service Agreement shall prevail.
2、 Party A shall maintain data security in its LAN.

V. SPECIAL TERMS FOR WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE APPLICATION ACCELERATOR (APPA) SOLUTION
1、 TERMINOLOGY:
a) “APPLICATION ACCELERATION FEE”, means by using the acceleration application system provided under APPA Service, the service fees ought to be paid;
b) “REQUESTS”, means all URL requests issued to the APPA System at a specific time, i.e., the total number of logs of the domain in a specified period of time, which can be calculated according to the web logs.
c) “UNIT PRICE FOR REQUESTS”, means the fees to be paid every million requests.

VI. SPECIAL TERMS FOR WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE DYNAMIC SITE ACCELERATOR (DSA) SOLUTION
1、 If Party A needs to access bandwidth in a short time due to business requirements and the traffic is expected to exceed the bandwidth of last month for 50% (or “burst bandwidth”), it shall Party B at least 2 working days in advance so that Party B can carry out bandwidth redundancy. For the burst bandwidth aforementioned, the Parties shall negotiate further and confirm the charges in written form (including emails), or take the amount of bandwidth on the day of burst bandwidth separately and confirm the charges in the unit price stipulated in the Contract.
Except for the bursts that Party A has notified in advance in accordance with the Contract, other bursts shall be measured separately on the day of burst bandwidth and charged in a price of 1.2 times of the agreed price in the Contract. The quality issues caused by an unannounced burst bandwidth shall be assumed by Party A and shall not be included into unavailable time.

VII. SPECIAL TERMS FOR WANGSU CONTENT AND TRAFFIC MANAGEMENT SOFTWARE (CATM) SOLUTION
1、 “DESCRIPTION OF SERVICE AVAILABILITY”:
a) “SERVICE AVAILABLE”: means after using the CATM Service provided by Party B, the domain name and the content provided by the Contract can be accessed or downloaded;
b) “SERVICE UNAVAILABLE”: after deducting the service available time from the total service time, the rest is the service unavailable time.
2、 Through the CATM Platform of its own, Party B provide hot content caching and acceleration service for Party A’s end users on the assigned network by Party A, to improve the Internet application effect in the main service area of the network.
3、 “OWNERSHIP OF THE PROPERTY OF FLOW SERVICE PLATFORM”
(i) If Party B invests and constructs the CATM platform, the property right of the devices and software belong to Party B in any case.
(ii) If Party A and Party B invest and construct the CATM Platform together, and Party B provides hardware devices and software, the property right of the devices and software belong to Party B in any case.
(iii) Party B shall remove the device within 15 days after the expiration or the termination of the Contract, and Party A promise not to distress for any reason.
4、 The Definition of Charging Flow of CATM Platform Service:
Adopt the 95% charging mode, that is:
(1) Collect the traffic data from all the ports on the platform every five (5) minutes, add up all the data of the ports to form a data point.
(2) The number of the data point of the whole month shall be 8640 (take 30 days as the benchmark of a month).
(3) By means of technology, arrange the sample data points in descending order.
(4) Remove the first 5% of the points (the first 432 points) automatically by system, the 433rd point shall be the billing point.
Adopt international standard conversion decimal system, that is:
1Gbit/s=1,000Mbit/s=1,000,000Kbit/s=1,000,000,000bit/s.

VIII. SPECIAL TERMS FOR WANGSU STREAMING MEDIA SERVICE PLATFORM SOFTWARE CLOUD VIDEO (CloudV) SOLUTION
1、 “SERVICE FEE ACCOUNTING AND DATA INQUIRY SYSTEM” (hereinafter referred to as “the ACCOUNTING SYSTEM”), means specifically the system to inquire data usage and calculate service fees therewith. The billing figure and data used to calculate service fees are derived from Cloud Video Service Platform of Party B. The service interface (SI) of the Accounting System is provided by Party B, and Party A fully acknowledges the objectivity and fairness of the Accounting System.
2、 TERMINOLOGY:
a) “UTILIZATION FEE” means the basic costs of using the Cloud Video service platform;
b) “ACCELERATION FEE” means the costs of traffic/bandwidth distribution from Cloud Video Service.
c) “STORAGE SPACE SIZE” means the size of space used to store data files caused by Cloud Video Service.
d) “TRANSCODING TIME” means the time of the content of the Video Files which need to be transcode by Wangsu Cloud Transcoding System.
e) “LIVE RECORDING FEE” means the costs charged according to the time or size of the video file by Party A after opening the function of Live Recording.
f) “VALUE ADDED SERVICE” means the function or service that is beyond the basic functional scope that Party B can provide in Cloud Video Service.
3、 The Cloud Video Service provided by Party B for Party A includes back-stage management, API interfaces (for instance, purchase), networked debugging and informing the Party A of all the functions that can be set up.
4、 Party A shall backup and transfer all data stored in the Cloud Video Service Platform within seventy-two (72) hours after the termination of the Contract, and Party B is not responsible for keeping these data. In the case of any breach of this sub-Clause, and causes data losses or damage, the corresponding liabilities and losses shall be solely borne by Party A.

IX. SPECIAL TERMS FOR WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE RAPID CLOUD TRANDMISSION SOLUTION
1、 “SOFTWARE LICENCING” means in the RTC Service bought by Party A from Party B, Party B agrees to grant Party A non-exclusive and non-transferable software (associate with the RCT Service) to use in the CPU appointed by Party B.
2、 “DESCRIPTION OF SERVICE AVAILABILITY”:
a) “SERVICE AVAILABLE”: means under normal network conditions, the data can be sent or accepted using the RCT Service provided by Party B;
b) “SERVICE UNAVAILABLE”: after deducting the service available time from the total service time, the rest is the service unavailable time.
3、 Party A warrants to conduct complete inspection and filter over the accessed contents, including but not limited to data, music, files and videos; It further promises to entirely remove harmful messages which contain violence and/or terrorism, and set up a working list for clearing violence and/or terrorism related videos.
4、 Party B shall not be entitled to copy, alter, enhance or consolidate the licensed software or any part of it, nor shall it parse or reproduce the software, without the written agreement between the two Parties.
5、 The Rapid Cloud Transmission Service provided by Party B for Party A includes system setting, networked debugging, software usage guidance and informing the Party Aa the functions that the system can achieve.
6、 Party B shall provide 24×7 (24 hours a day, 7 days a week) technical supports for Party A, so as to assure that Party A’s website or delivery objects could get normal RCT Service. Technical supports referred to in this sub-Clause including, but not limited to the daily maintenance, monitory and timely troubleshooting of RCT nodes. Where the RCT Service was interrupted because of the failure of Party A’s source sites, Party A acknowledges Party B shall not be liable in this event, however Party B shall cooperate with Party A in troubleshooting promptly.

X. SPECIAL TERMS FOR WANGSU INTER-NETWORK DISTRIBUTION CLOUD PLATFORM SOFTWARE ENTERPRISE CLOUD NETWORK (ECNW) SOLUTION
1、 TERMINOLOGY:
a) CLIENT CONNECTION USAGE FEE means during the contract service period, the usage fee Party A shall pay for the establishment of VPN tunnel using the connection tools provided by ECNW Platform (including but not limited to mobile APP, browser plug-in, PC client or SDK code plug-in).
b) AGENT USAGE FEE means the usage fee Party A shall pay for establishing long connection VPN tunnel using Agent.
2、 DESCRIPTION OF SERVICE AVAILABILITY:
a) “SERVICE AVAILABLE”: means Party A can access or download the agreed pages, documents, streaming media content through ECNW services provided by Party B;
b) “SERVICE UNAVAILABLE TIME”: after deducting the service available time from the total service time, the rest is the service unavailable time.
Party A promises not to use Party B’s ECNW Service to connect and visit overseas websites without the permission of the state by setting up a proxy platform privately, and not to use ECNW Services for public Internet information browsing and business activities.

XI. SPECIAL TERMS FOR WANGSU STREAMING MEDIA SERVICE PLATFORM SOFTWARE LIVE PEER TO SERVER&PEER (LP2SP), AND WANGSU STREAMING MEDIA SERVICE PLATFORM SOFTWARE VOD PEER TO SERVER&PEER (VP2SP)
1、 TERMINLOGY: P2P BANDWIDTH, CDN BANDWIDTH, P2P SHARING RATE, TOTAL BANDWIDTH
a) “P2P BANDWIDTH”: the peer terminal get the shared data from the neighboring peer, the P2P BANDWIDTH means the amount of bandwidth saved therefrom. The quantity is reported to Party B for statistics by peer terminal.
b) “CDN BANDWIDTH”: if the peer terminal does not get the shared data from the neighboring peer, and gets the patch from the CDN end, the CDN BANDWIDTH means the amount of bandwidth saved therefrom. The quantity is reported to Party B for statistics by peer terminal.
c) “TOTAL BANDWIDTH”, means the sum of P2P bandwidth and CDN bandwidth.
d) “P2P SHARING RATE”, means the percentage of bandwidth saved by the peer side to the total bandwidth, i.e., the P2P bandwidth / total bandwidth.
2、 BILLING METHOD
a) Party B will charge for both P2P bandwidth and CDN bandwidth. The specific billing method and unit price shall be stipulated separately in the orders signed by both parties.
b) According to Party A’s requirement, Party B can provide information inquiries about P2P bandwidth, CDN bandwidth and P2P sharing rate in nearly three months during the execution of the contract.

XII. SPECIAL TERMS FOR WANGSU KEY CONTENT APPLICATION SERVICE PLATFORM SOFTWARE KEY BUSINESS ACCELERATION (KBA) SOLUTION
1、 DESCRIPTION OF SERVICE AVAILABILITY
a) “SERVICE AVAILABLE”, means Party A can access or download the agreed contents through the domain of KBA Service Platform provided by Party B;
b) “SERVICE UNAVAILABLE”: after deducting the service available time from the total service time, the rest is the service unavailable time.
2、 Party B provides Key Content Application Acceleration Service to Party A’s end users through its own KBA platform (the acceleration range is within the network designated by Party A), which improves the effect of Internet application in the main service areas of the network.
3、 OWNERSHIP OF KBA SERVICE PLATFORM
(1) The property rights of the equipment or software of the KBA platform invested by Party B shall be retained by Party B under any circumstances.
(2) If Party A and Party B jointly invest in the construction of KBA platform and Party B provides hardware equipment and software, in such case, the property rights of equipment and software belong to Party B under any circumstances.
(3) After the expiration of the Contract or within 15 days after the termination of the Contract, Party B may withdraw the equipment from the site offline. Party A guarantees that the equipment will not be seized for any reason.
4、 DEFINITION OF KBA PLATFORM SERVICE BILLING TRAFFIC
Using Peak Discharge Bandwidth to charge:
(1) Taking every 5 minutes as the sampling interval, collect the flow data of all ports of the platform at the same time, and add the spit flow of all ports to form a data point.
(2) The maximum value of all valid data points collected in the whole month shall be the billing bandwidth value.
Using international standard conversion Radix:
1Gbit/s=1,000Mbit/s=1,000,000Kbit/s=1,000,000,000bit/s

XIII. SPECIAL TERMS FOR WANGSU IPV6 INTEGRATED SOLUTION
1、 Wangsu IPv6 Integrated Solution includes: IPv6 Origin Transformation, IPv6 Dual Stack Conversion and IPv6 Full Page Service.
(1) IPv6 Origin Transformation Service is, by deploying Party B’s IPv6 equipment in Party A’s source station, enables Party A to quickly realize the dual stack support of v4 / v6 without changing the existing network architecture, transit from IPv4 to IPv6 quickly, and realize the normal access of Party A’s website.
(2) IPv6 Dual Stack Conversion Service is, by accessing party B’s CDN platform, realize the IPv6 response of website and app by way of cloud hosting.
(3) IPv6 Full Page Service is, through the external chain acceleration, enables the third-party external chain to display and access normally under the IPv6 environment, and eliminates the skylight problem.
2、 Based on the particularity of Wangsu IPv6 source station transformation scheme, Party B needs to deploy a hardware acceleration device only for IPv6 / IPv4 dual stack support in Party A’s source station, and the specific equipment model shall be subject to the actual equipment provided by Party B. Party A shall be responsible for keeping the aforesaid equipment. In case of any loss or damage, Party A shall compensate Party B according to the purchase price of the equipment, and return the equipment to Party B after the termination of cooperation or this Contract. Moreover, Party B enjoys complete rights to the device, including the software in the device. Party A shall by no means crack or decompile the device, software and the services provided by Party B. Once Party A is found to have the above act, Party B shall have the right to terminate the service, require Party A to compensate the losses in accordance with the law and reserve the right to investigate the responsibility of Party A.

XIV. SPECIAL TERMS FOR WANGSU NETWORK APPLICATION OPTIMIZATION PLATFORM SOFTWARE CLOUD DNS SERVICE (CloudDNS)
1、 DNS SERVICE means the fast and stable DNS domain name resolution service (converting domain name to computer IP address) launched by Party B in the whole country.
2、 ADVANCED DEFENSE DNS means the service with enhanced protection function on the basis of providing the basic DNS cloud resolution service provided by Party B.
3、 GTM Scheduling, refers to the domain name source station health detection, dynamic load balancing and intelligent scheduling of primary and secondary sources provided by Party B.
4、 DESCRIPTION OF SERVICE AVAILABILITY:
a) “SERVICE AVAILABLE”: means Party A logs on to CloudDNS system (dns. wangsucloud. com) with correct user name and password and can complete domain name operation (add, delete, modify) normally and the analytical result is consistent with the CloudDNS interface configuration.
b) “SERVICE UNAVAILABLE”: Under the premise of normal network environment and correct username password, Party A can’t login CloudDNS system or can’t operate domain name after login and the analytical result is not consistent with the CloudDNS interface configuration.

XV. SPECIAL TERMS FOR WANGSU VIDEO CLASS (vClass) SOLUTION
1、 vClass provides SAAS and PAAS services including large class, small class and online school, which contains console, teacher-side, student-side, API and SDK.
2、 Related terms of vClass service billing: Time Length Billing, Monthly Billing, Charter Billing, Storage Service Fee.
a) Time Length Billing: in the billing cycle, charge service fees according to the total valid class hours of all class members. It is suitable for large class and small class.
b) Monthly Billing: by subscribing monthly concurrency package, if the maximum number of concurrent students per month is less than or equal to the concurrency number specified in the package, no additional fees will be charged. It is suitable for large class only.
c) Charter Billing: each session is limited to 1 hour and charge fees according to the maximum number of concurrent students in each class. It is suitable for large class only.
d) Storage Service Fee, is storage costs due to classroom recording, document upload, etc.

Wangsu Science & Technology Company Limited Service Contract (Special Terms)
for products of Security Service

On the basis of General Terms, the Parties agree on details of the cooperation or the service through Special Terms which are the materialization, addition or modification of the General Terms combine with specific products and services. Both the General Terms and Special Terms are integral parts of the Contract. If the Special Terms are inconsistent with the General Terms, the Special Terms shall prevail.
In accordance with the principle of equality, voluntariness and mutual benefit, the two sides have reached the following agreement on the special terms of the products to comply with.
I. SPRCIAL TERMS FOR WANGSU SECURITY CLOUD PLATFORM SOFTWARE WEBSITE SECURITY SERVICE (WSS) SOLUTION
1、 Party B provides Website Security Service (WSS) for Party A, the service includes:
a) providing Party A with Website Security Service, user account and password;
b) relevant service content of WSS and information and technical support;
c) 24×7 (24 hours a day, 7 days a week) technical supports and telephone consultation.
2、 Party B provides Party A with the Service Platform necessary for the WSS, resists DDoS attack when Party A is attacked and reduces the losses caused by the attack.
3、 Party B shall not be responsible for the impact on Party A’s business from the network attack bandwidth exceeding the agreed scope of the service.
4、 Party B shall not be responsible for the impact on Party A’s business from the network attack act exceeding the agreed scope of protection.

II. SPECIAL TERMS FOR WANGSU CLOUD SECURTY BOT GUARD (Bot Guard) SERVICE
1、 BOT is the abbreviation of Robot. It is a program designed for automatic tasks, which can simulate normal user behaviors. Malicious BOT can be used to maliciously attack website business, such as grabbing enterprises sensitive information, core value information, malicious registration, illegal login and brushing ticket. Highly concurrent malicious BOT requests can cause business services to be unavailable.
2、 Party B provides Party A with Bot Guard Service. The Service includes:
a) providing Party A with Bot Guard Service, user account and password;
b) relevant service content of the Solution and information and technical support;
c) 24×7 (24 hours a day, 7 days a week) technical supports and telephone consultation.
3、 Party B shall provide Party A with corresponding account password and necessary service platform for website business security protection services, so as to defend Party A from malicious BOT attacks and reduce the losses caused by attacks.
4、 If the network attacks exceed the scope stipulated by the Parties, Party B shall not be liable for the consequences arising therefrom.

III. SPECIAL TERMS FOR WANGSU SECURITY CLOUD PROTECTION PLATFORM SOFTWARE DDOS MITIGATION SERVICE SOLUTION (DDoS Mitigation Service)
1、 Party B provides Party A with DDoS Mitigation Service. The Service includes:
a) providing Party A with DDoS Mitigation Service, user account and password;
b) relevant service content and technical support of the DDoS Mitigation Service;
c) 24×7 (24 hours a day, 7 days a week) technical supports and telephone consultation.
2、 Party B shall provide the platform that is necessary for DDoS Mitigation Service. When Party A is attacked by DDoS attacks, Party B shall defend against attacks and reduce losses caused by DDoS attacks.
3、 Party B shall not be responsible for the impact on Party A’s business from the network attack bandwidth exceeding the agreed scope of the service.
4、 Party B shall not be responsible for the impact on Party A’s business from the network attack act exceeding the agreed scope of protection.
5、 The cloud security service provided by Party B for Party A under this contract includes the following two modes. Party A can only choose one of the modes and make remarks in the service order signed by both Parties:
A. General Mode:

  1. Party B will open the above services after Party A pays the down payment. The down payment includes one month’s minimum commitment service fee for protection package and the advance payment. In addition to the down payment, the specific payment method of the remaining service fees shall be subject to the relevant provisions in the service order signed by both parties.
  2. The advance payment paid by Party A to Party B mentioned in the first item of this article shall be used to offset the cost of Party A for the attack exceeding the minimum commitment amount in protection package. That is: if the attack amount generated by Party A on a certain day exceeds the minimum commitment protection package purchased by Party A in the process of using the services provided by Party B under this Contract, Party B will send a payment notice to Party A by email on the next day of the attack, and automatically deduct the expenses incurred thereof from the advance payment of Party A. When the advance payment of Party A is less than 0 yuan, Party B will inform Party A to pay the attack defense fee, and Party A shall complete the payment within 3 working days. If Party A fails to complete the payment, Party B has the right to implement back to source operation on Party A’s service; if Party A fails to pay the attack defense fee after the back to source operation, Party B has the right to terminate the service and the Contract, and require Party A to pay liquidated damages and compensation for losses according to the relevant provisions of this Contract.
    B. Insurance Mode:
  3. Party B will open the service after Party A pays the cloud security service fee. Party A shall pay the above service fee in a lump sum. If the service is terminated in advance during the performance of this Contract, no matter for what reason, Party B will not refund any service fee.
  4. For the cloud security service fee paid by Party A to Party B as mentioned in item 1 of this article, Party B undertakes that it is for resisting no more than 50 attacks within the insurance value agreed by the Parties during the contract term. After the attacks exceeds 50, Party B has the right to terminate this service and Contract. That is: if Party A uses the services provided by Party B under this contract, if the amount of attack generated on a certain day exceeds the insurance package purchased by Party A, this contract will be automatically terminated on the next day, and both parties do not have to bear any responsibility. At the same time, Party B will inform Party A of the attack by email on the next day of the attack.
  5. If the Contract is terminated due to the situation mentioned in item 2 of this article, Party A may consult Party B to purchase a higher insurance package or DMS flow cleaning service.

IV. SPECAL TERMS FOR WANGSU SECURYTY AND ACCELERATION SOLUTION
1、 “DDoS” means Distributed Denial of Service. Denial of Service access through a domain name, can cause legitimate users to fail to access normal network services.
2、 “WAF” means WEB Application Firewall, it distinguishes or rejects the requests with WEB application attack which access via domain name.
3、 “CC” is a type of Application-Layer DDoS attack that attacks non-existent or dynamic URL, causing a large number of attack requests to return to the source.
4、 “Malicious BOT” is the abbreviation of Robot. It is a program designed for automatic tasks, which can simulate normal user behaviors. Malicious BOT can be used to maliciously attack website business, such as grabbing enterprises sensitive information, core value information, malicious registration, illegal login and brushing ticket. Highly concurrent malicious BOT requests can cause business services to be unavailable.
5、 Party B provides Party A with Security and Acceleration Solution Service. The Service includes:
a) providing Party A with Security and Acceleration Solution Service, user account and password;
b) relevant service content of the Solution and information and technical support;
c) 24×7 (24 hours a day, 7 days a week) technical supports and telephone consultation.
6、 Basic Terminology of the Service
a) “ACCELERATION FEE”, means the expenses of distribution network flow / bandwidth generated by Party A’s use of Party B’s Services;
b) “MONTHLY SERVICE FEE”, means by using the packaging service provided under Security and Acceleration Solution Service, the basic service fees ought to be paid every month;
c) “REQUESTS”, means all URL requests issued to the Service System at a specific time, which can be calculated according to the web logs.
d) “UNIT PRICE”, means the fees to be paid every million requests.
e) “STORAGE SPACE SIZE”, means the size of space used to store data files caused by Service.
f) “BACK TO ORIGIN BANDWIDTH” means the intermediate bandwidth generated by customer’s direct access to the Service Platform of Party B.
7、 Party B shall not be responsible for the impact on Party A’s business from the network attack bandwidth exceeding the agreed scope of the service.
8、 Party B shall not be responsible for the impact on Party A’s business from the network attack act exceeding the agreed scope of protection.

V. SPECIAL TERMS FOR APPLICATION SECURITY ACCLELERATION SOLUTION SECURE APPLICATION ACCELERATOR (S-APPA) SERVICE
Party B shall provide Party A with 24 × 7 (24 hours a day, 7 days a week) technical services to ensure that Party A’s website content or accelerated objects get normal S-APPA services. The technical services mentioned in this article include daily maintenance, monitoring and timely troubleshooting of S-APPA nodes. Party A agrees that S-APPA service interruption caused by Party A’s source site failure does not belong to Party B’s responsibility; however, Party B shall actively cooperate with Party A in troubleshooting.
VI. SPECIAL TERMS FOR WANGSU WEBSITE SECURITY MONITORING SERVICE
1、 Service Content:
a) Provide Party A with the user account and relevant password of the website security monitoring service platform, and provide monitoring alarm when Party A’s website is subject to security incidents of sensitive words, cyber horses, content tampering, dark chain, availability, DNS hijacking and website vulnerability, and the monitoring service content is opened according to the needs of customers.
b) relevant service content and technical support of website security monitoring service;
c) 24×7 (24 hours a day, 7 days a week) technical supports and telephone consultation.
2、 TERMINLOGY
a) “Sensitive Word Monitoring”, means that Party B use remote monitoring technology to monitor whether Party A’s website contains gambling, pornography, violent terrorism and other sensitive words. If sensitive words are found, a log will be recorded and a message or email will be sent to warn Party A.
b) “Dark Chain Monitoring”, means that Party B use remote monitoring technology to monitor whether Party A’s website contains gambling, pornography and other dark chains. If dark chains are found, a log will be recorded and a message or email will be sent to warn Party A.
c) “Hanging Horse Monitoring”, means that Party B use remote monitoring technology to monitor whether Party A’s website contains webpage malicious codes. If webpage malicious codes are found,.
d) “Tampering Monitoring”, means that Party B uses remote monitoring technology to monitor the changes of pictures and links on Party A’s website. In case of any change of pictures or links, a log will be recorded and a message or email will be sent to warn Party A.
e) “DNS Hijacking Monitoring”, means that Party B uses remote monitoring technology to monitor whether the DNS resolution of the website resolves to the normal IP or CNAME of the source station. If DNS hijacking is found, a log will be recorded and a message or email will be sent to warn Party A.
f) “Vulnerability Monitoring”, means that uses remote monitoring technology to monitor whether Party A’s website contains web vulnerabilities. If any web vulnerabilities are found, a log of details of the vulnerabilities will be recorded. If high-risk vulnerabilities are found, a message or email will be sent to warn Party A.
3、 Billing Method
Party B will charge fees according to the number of domain names, and the specific billing method and unit price shall be separately agreed upon in the order signed by both parties.

VII. SPRCIAL TERMS FOR WANGSU CLOUD SECURITY SITUATION AWARENESS
1、 Situation Awareness: the Situation Awareness Platform developed by Party B is based on Threat Intelligence, big data mining and analysis, machine analysis, visualization and other technologies to help Party A improve its ability to identify, understand, analyze and respond to potential threats.
2、 Party B provides Party A with Situation Awareness Service. The Service includes:
a) Providing Party A with Situation Awareness Service, user account and password;
b) Relevant service content of the Solution and information and technical support;
c) 24×7 (24 hours a day, 7 days a week) technical supports and telephone consultation.
3、 Party B will provide Party A with relevant account and password, necessary service platform for website security protection service, and provide Party A with security situation insight, business situation insight, risk warning and other security services, so as to realize network security situation visible, manageable and controllable, and realize the business closed-loop of monitoring, warning and emergency response linkage.

VIII. SPECIAL TERMS FOR CLOUD SECURITY CLASSIFIED PROTECTION SOLUTION
1、 TERMINLOGY
a) “Host Intrusion Detection”, means that through the lightweight Agent deployed on Party A’s virtual machine, and combining with the threat intelligence and big data analysis platform of Party B’s cloud, continuously monitor and analyze the information and behavior of Party A’s virtual machine, so as to provide Party A with the capabilities of risk detection in advance, attack identification in the event and intrusion detection after the event.
b) “Fortress Machine”, refers to the equipment deployed by Party B between the operation and maintenance personnel of Party A and the target equipment, which separates the operation and maintenance personnel from the target equipment, and can completely record, analyze and audit the conversation process of daily operation and maintenance protocols such as SSH/FTP/Telnet/SFTP /Http/Https/RDP/X11/VNC. Audit can be presented in the form of log, including operation and maintenance user name, target resource name, client IP, client computer name, protocol name, operation and maintenance start time & end time, operation and maintenance duration, etc.
c) “Database audit”, means the service that based on the bypass monitoring mode, deploy database audit independently of Party A’s database, record all statements of Party A’s database, record and email alarm against database risk behaviors such as SQL injection and risk operation suffered by Party A’s database, which does not affect the normal operation of the database, realizes flexible audit and monitoring, and meets the requirements of classified protection compliance.
d) “ACL” refers to the optional security layer of VPC, which can control the traffic between subnets in VPC and between subnets and extranets in VPC.
e) “NAT Gateway” has realized the public gateway function of VPC, it is a service supporting network address translation. It can convert intranet IP address in private network to public IP address when intranet and intranet are isolated. Accessing to the Internet through NAT gateway can protect private network information from being exposed in the public network, effectively avoid attacks from outside the private network, and can provide a connection services with a large number of concurrent, so as to achieve massive public network access.
f) “Cloud Monitoring”, means that through the most comprehensive cloud monitoring services provided by Party B, Party A can easily control the usage situation of resources of the entire cloud platform without installing any third-party monitoring platform, monitoring items includs CPU, memory, hard disk, network, etc. It can also create alarm strategies to provide email and console alarm services for cloud resources, deal with problems as soon as possible, and ensure the smooth operation of business.
g) “Classified Protection Disparity Analysis Service” means that according to the Cloud Security Classified Protection level standard that Party A wants to achieve and the current network architecture and operation status of the target system, Party B provides the Classified Protection Disparity Analysis Service for the target system, analyzes the actual disparity situation, and provides the analysis results and suggestions for customers.
h) “Classification and Record Filing Service” means assisting Party A to prepare classification filing materials and guide system classification in the information system classification and record filing stage.
i) “Guidance Service for Classified Protection Regulations Compilation”, guide Party A to prepare and sort out the management system contents stipulated by the classified protection, and form the institutionalized management system materials.
j) “Organization Evaluation Service” means that Party B, together with provincial, municipal or national classified protection evaluation institutions, provides professional classified protection evaluation services for Party A, and assists and guides Party A to pass the evaluation work of the evaluation institution and obtain the classified protection evaluation report.
k) “Webpage Anti Tamper”, means that Party B, together with companies who have webpage anti tamper products, provides anti tamper function for Party A’s system. Through deployment of anti tamper products on the client side of the origin station, Party B can meet the needs of customers and improve the security protection capability of Party A’s website.
l) Party B is also able to provide Party A with security protection products and services such as situation awareness, vulnerability scanning, penetration testing, security reinforcement, emergency response, website security monitoring.
m) “Classified Protection Evaluation Assistance Service”, means assisting customers to provide materials and technical support to complete the evaluation work in the classified protection evaluation stage of the evaluation structure.
2、 Party A shall timely and completely provide the relevant materials and information required in the cloud classified protection projects, and shall be responsible for the authenticity, accuracy and legality of the relevant materials and information. Party will not be responsible for any failure to carry out or pass the classified protection evaluation in time due to the information provided by Party A, and the service period shall be extended accordingly.
3、 Party B shall be conscientious and responsible for providing Party A with security products and services and consulting and interpretation services on cloud classified protection compliance contents. In order to facilitate Party A to use cloud classified protection security solutions, Party B shall open the initial account and password of relevant security products and necessary service platforms for Party A. After obtaining the initial account and password provided by Party B, Party A shall modify the password on its own and keep the account and password well.
4、 Party A shall take reasonable measures to maintain the security of account number and corresponding password, and fulfill the obligation of safe keeping of account number and password. Party B shall not be liable for any and all losses caused by the leakage of account number and password not caused by Party B. Party B does not provide Party A’s user password loss notification service. If Party A loses or forgets the password, Party A shall provide a written document for Party B to reset the password. Party A shall be responsible for the security risk and data damage caused by password leakage, and Party B shall not bear any responsibility.
5、 Party A shall bear the adverse consequences caused by failure to provide complete and accurate information in a timely manner by itself, instead of Party B’s reasons; in case of any loss caused to Party B therefrom, Party A shall compensate according to law.
6、 In the cloud classified protection security solutions provided by Party B, if the services of security protection products are not available, Party B shall handle them according to the relevant documents listed in this Contract. Both parties confirm that the compensation for solution service and product service problems occurred in the process of cooperation shall be calculated separately, without cross or repeated compensation.

IX. SPECIAL TERMS FOR WANGSU SECURITY EXPERT SERVICE.
1、 TERMINLOGY: “Penetration Test”, “Safety Reinforcement”, “Emergency Response”, “Risk Assessment”
a) Penetration Test, a very professional security service, which means that experienced security experts of Party B simulate the vulnerability detection technology and attack techniques that hackers may use, conduct in-depth intrusion test on the security of Party A’s target system, and discover the most vulnerable link of the system. Penetration test can let Party A’s network managers know the problems of Party A’s network intuitively.
b) Security Reinforcement means that the security experts of Party B detect the risk points in the system, database, application software and account configuration of Party A’s server based on the baseline inspection model. This model covers the configuration verification, management and technical functions, can find the risk points in the system and provide repair suggestions, so as to ensure the security of Party A’s business system and maintain the risk of business system within the control range.
c) Emergency Response, means that Party B’s security experts provide emergency response capability for customers, assist Party A to analyze invasion causes, evaluate actual attack impact, restore reinforcement system, and trace evidence (Party A understands and recognizes that , due to the limitations of current industry technology, Party B cannot guarantee to complete traceability and evidence collection, and this shall not be deemed as Party B’s breach of contract), and take emergency measures and actions to assist Party A to recover the availability, confidentiality and integrity of the system as soon as possible, and prevent and reduce the negative impact of security incidents.
d) Risk Assessment refers to a kind of information security risk assessment service customized by Party B’s security experts according to Party A’s needs. It conducts asset (please refer to the white paper of cyberspace security expert service for the concept) analysis, threat analysis, vulnerability detection and risk analysis of Party A’s information system from three security dimensions of integrity, confidentiality and availability, and forms a security risk assessment report, and provide targeted risk control methods. Risk Assessment service can help Party A understand the security status of its own information system, clarify the current risks, guide Party A to establish an effective IT asset management and security risk management mechanism, and reasonably plan security construction and investment.
2、 Service Content
Party B provide customized security expert services to Party A. The details of the services shall subject to the annex “network accommodation security expert service order”.
3、 Billing Method
The Security Expert Service fees shall be charged according to the actual service (including Penetration Test, Safety Reinforcement, Emergency Response and Risk Assessment) generated under the order. The specific charging method and unit price shall be separately agreed in the order signed by both parties.
In principle, Security Expert Services are remote services. If Party A requires Party B to provide on-site services, Party A shall purchase additional on-site services according to the actual service days, the number of experts and other factors. The specific billing method and unit price shall be separately agreed in the order signed by both parties.
4、 Rights and Obligations of Party A
a) Before using Security Expert Service, Party A shall carefully read the White Paper of Wangsu Security Expert Service provided by Party B through e-mail or other forms (including but not limited to download from official website, paper documents, instant chat tools, etc.), and understand the relevant contents and possible consequences.
b) Party A warrants that it uses the Security Expert Service provided by Party B for protection business, which is normal business, scientific research and other business in compliance with national laws and regulations, and not for engaging in any illegal business, including but not limited to the following business: oppose the basic principles established in the constitution; jeopardize national security, divulge state secrets, incite subversion of state power, undermine national unity; impair state honor and interests; incite hatred or discrimination among nationalities or harm the unity of the nationalities; break the national religion policy and/or blazon forth evil cults or superstitions; disseminate rumors, disturb social order and undermine social stability; spread obscenity, eroticism, gambling, violence, homicide and horror, or abet criminality; insult or slander other people, or impair other people’ legitimate rights and interest; and other contents prohibited by laws and regulations.
c) Party A warrants not to use the services provided by Party B to engage in the activities endangering telecommunications and network security, or disrupting the normal order of the telecom market. In case of any violation, Party A shall bear all legal liabilities. Those who violate the relevant laws and administrative regulations shall be punished by the competent department in accordance with the relevant laws and administrative regulations; if a crime is constituted, the judicial organ will investigate the criminal responsibility according to law.
d) Party A undertakes to abide by the relevant laws and regulations of China, and will not use Security Expert Services to engage in illegal and criminal activities such as endangering national security and divulging state secrets, shall not use Security Expert Services to infringe personal privacy, other people’s intellectual property rights, freedom of communication and Communication Secrets, and shall not use Security Expert Services to engage in activities prohibited by national laws or not accepted by social public morality.
e) If Party B finds that Party A violates the above provisions, it has the right to take corresponding measures according to the situation, including but not limited to immediate suspension or termination of service, etc., and Party B shall not bear any responsibility, and Party A shall bear all legal liabilities on its own. If Party A violates the above guarantees and causes losses to Party B, Party A shall also compensate Party B for all losses arising therefrom.
f) Party A undertakes to assist when relevant national administrative departments or institutions conduct legal audit or other disposal on the data involved in the service contract.
g) Party A has the right to supervise and review the work of Party B’s Security Expert Service, put forward suggestions and opinions, and urge Party B to implement that. Party A has the right to inspect and assess the process and quality of Party B’s Security Expert Service regularly or irregularly, put forward suggestions and urge Party B to implement and improve.
h) Party A shall provide Party B with materials, data, certificate of authorization, work assistance and other necessary information for Security Expert Service according to the annex “Application Form for Wangsu Security Expert Service”, and ensure that the information is true and correct. When Party A’s information changes, it shall contact Party B in time to handle the change procedures of customer’s information, otherwise it shall bear all responsibilities arising from inaccurate data.
5、 Rights and Obligations of Party B
a) Party B shall provide Security Expert Service for Party A in accordance with the provisions of this contract, relevant service description, and technical specifications and standards.
b) Party B shall provide the technical support specified in the terms of service, but shall not bear the influence and loss caused by reasons not due to Party B (including but not limited to: code quality, human management omission, Party A’s safety management, etc.).
c) Party B shall strictly abide by the confidentiality obligations and shall not use the vulnerabilities found in the service process to carry out malicious attacks on Party A.
d) Unless the service time is otherwise agreed, Party B shall complete the service content within the time specified in the contract and accept the supervision of Party A; otherwise, Party A may require Party B to reduce the fees according to the unfinished part of service, but the maximum amount of deduction shall be converted according to the unfinished part of workload of the project and shall not be accumulated in any form to the next month. Party A agrees that, except as agreed above in this article, Party B shall not be liable for any other losses of Party A due to the unavailability or incompleteness of Party B’s products or services.
6、 Disclaimer Terms
Party A understands that Party B cannot guarantee that the Security Expert Service provided by Party B is free of defect, nor can it guarantee the absolute safety of Party A’s hardware or software. However, Party B undertakes to continuously improve the service quality and service level. Therefore, Party A agrees that even if the service provided by Party B has defects, which cannot be avoided according to the technical level of the industry at that time, and it shall not be deemed as Party B’s breach of contract. Party A agrees to cooperate with Party B to solve the above defects.
a) Party A understands and agrees that, in view of the particularity of computer and Internet, in the process of providing Security Expert Services, there may exist risks of system downtime, business interruption and data loss. Party A clearly knows and accepts the risks and shall be prepared in advance. Party B will not assumed liabilities for any consequences or losses of system downtime, business interruption and data loss caused by Security Expert Services.
b) In no circumstances shall Party B be liable for any indirect, consequential, punitive, accidental or special damages, including loss of profits suffered by Party A by using Party B’s services (even if Party A has been informed of the possibility of such losses).
c) In any circumstance, the total compensation liability of Party B under this special service terms shall not exceed the total amount of Security Expert Services fees received from Party A.
d) Both Parties hereby confirm that, during the performance of this Contract, both Parties to this Contract shall be responsible to the other party only, and shall not bear any responsibilities for or perform any obligations towards any third party. Party B shall not be liable for the losses to Party A or to any third party due to the acts or omissions of other third parties, nor be responsible for the losses of the third party who indirectly receives Party B’s service through Party A.
X. SPECIAL TERMS FOR WANGSU UVLNERABILITY SCANNING SERVICE
1、 Service Content
Party B provides customized Vulnerability Scanning Service to Party A. Details of the service shall subject to the service order signed by both parties.
2、 Billing Method
The Vulnerability Scanning Service fees shall be charged according to the actual service (the number of systems being scanned) generated under the order. The specific charging method and unit price shall be separately agreed in the order signed by both parties.
3、 Rights and Obligations of Party A
a) Before using Vulnerability Scanning Service, Party A shall carefully read the White Paper of Wangsu Vulnerability Scanning Service provided by Party B through e-mail or other forms (including but not limited to download from official website, paper documents, instant chat tools, etc.), and understand the relevant contents and possible consequences.
b) Party A warrants that it uses the Vulnerability Scanning Service provided by Party B for protection business, which is normal business, scientific research and other business in compliance with national laws and regulations, and not for engaging in any illegal business.
c) Party A warrants not to use the services provided by Party B to engage in the activities endangering telecommunications and network security, or disrupting the normal order of the telecom market. It will not use Vulnerability Scanning Services to engage in illegal and criminal activities such as endangering national security and divulging state secrets, will not use Vulnerability Scanning Services to infringe personal privacy, other people’s intellectual property rights, freedom of communication and Communication Secrets, and shall not use Vulnerability Scanning Services to engage in activities prohibited by national laws or not accepted by social public morality.
d) If Party B finds that Party A violates the above provisions, it has the right to take corresponding measures according to the situation, including but not limited to immediate suspension or termination of service, etc., and Party B shall not bear any responsibility, and Party A shall bear all legal liabilities on its own. If Party A violates the above guarantees and causes losses to Party B, Party A shall also compensate Party B for all losses arising therefrom.
e) Party A undertakes to assist when relevant national administrative departments or institutions conduct legal audit or other disposal on the data involved in the service contract.
f) Party A has the right to supervise and review the work of Party B’s Vulnerability Scanning Service, put forward suggestions and opinions, and urge Party B to implement that. Party A has the right to inspect and assess the process and quality of Party B’s Vulnerability Scanning Service regularly or irregularly, put forward suggestions and urge Party B to implement and improve.
g) Party A shall provide Party B with materials, data, certificate of authorization, work assistance and other necessary information for Security Expert Service according to the annex “Application Form for Wangsu Vulnerability Scanning Service”, and ensure that the information is true and correct. When Party A’s information changes, it shall contact Party B in time to handle the change procedures of customer’s information, otherwise it shall bear all responsibilities arising from inaccurate data.
4、 Rights and Obligations of Party B
a) Party B shall provide Vulnerability Scanning Service for Party A in accordance with the provisions of this contract, relevant service description, and technical specifications and standards.
b) Party B shall provide the technical support specified in the terms of service, but shall not bear the influence and loss caused by reasons not due to Party B (including but not limited to: code quality, human management omission, Party A’s safety management, etc.).
c) Party B shall strictly abide by the confidentiality obligations and shall not use the vulnerabilities found in the service process to carry out malicious attacks on Party A.
d) Disclaimer Terms
e) If there are defects in the service provided by Party B and it is unavoidable according to the current industry technology level, it shall not be deemed as Party B’s breach of contract.
f) Party A understands and agrees that, in view of the particularity of computer and Internet, in the process of providing Security Expert Services, there may exist risks of system downtime, business interruption and data loss. Party A clearly knows and accepts the risks and shall be prepared in advance. Party B will not assumed liabilities for any consequences or losses of system downtime, business interruption and data loss caused by Security Expert Services.
XI. SPECIAL TERMS FOR WNAGSU SECURITY CLOOUD PROTECTION PLATFORM SOFTWARE WEB APPLICATION FIREWALL (WAF) SOLUTION.
1、 WAF refers to WEB Application Firewall, it can identify or reject requests that access through domain name and have web application attack behavior.
2、 WEB Application Attack means the attack affecting the integrity and confidentiality of WEB Services by using the vulnerability of the HTTP/HTTPS protocol, WEB application services, and WEB applications.
3、 Party B provides Party A with WAF Service. The Service includes:
a) providing Party A with website WEB Application Security Service, user account and password;
b) relevant service content of the website WEB Application Security Service and information and technical support;
c) 24×7 (24 hours a day, 7 days a week) technical supports and telephone consultation.
4、 Party B shall provide relevant account and password, the platform that is necessary for WAF Service to Party A, to defend against WEB application attacks suffered by Party A and reduce losses caused thereby.
5、 Party B shall not be responsible for the impact on Party A’s business from the network attack act exceeding the agreed scope of protection.

XII. SPECIAL TERMS FOR WANGSU WEBPAGE TAMPER PROOF SERVICE (WebGuard).
1、 Party B provides Party A with WebGuard Service. The Service includes:
a) providing Party A with WebGuard Service, user account and password;
b) relevant service content of the WebGuard Service and information and technical support;
c) 24×7 (24 hours a day, 7 days a week) technical supports and telephone consultation.
2、 Party B can improves the security protection capability of Party A’s website through deployment of tamper proof software at the client of the Party A’s source station.

XIII. SPECIAL TERMS FOR WANGSU BASTION HOST SYSTEM
1、 Party B provides Party A with Bastion Host System. The Service includes:
a) providing Party A with Bastion Host System software and description of related products and services;
b) functions of Bastion Host System, including: user management, asset management, privilege management, session management, job center, log audit, system setup;
c) assisting Party A to deploy Bastion Host System and providing technical support.
2、 During the service period of the product, if the Bastion Host System is unavailable due to the operation problems of Party A’s server, Party A agrees that it shall not be deemed the responsibility of Party B, but Party B shall actively cooperate with Party A in troubleshooting.

XIV. SPECIAL TERMS FOR WANGSU COMPREHENSIVE SECURITY AUDIT SYSTEM
1、 Comprehensive Security Audit System: the Comprehensive Security Audit System developed by Party B is a new generation of audit system and log analysis management comprehensive solution based on big data analysis, intelligent analysis, visualization and other technologies to help Party A improve the ability of log collection, centralized management, centralized audit and response processing, and meet the requirements of compliance inspection.
2、 Party B provides Party A with Comprehensive Security Audit System. The Service includes:
a) providing Party A with Comprehensive Security Audit System software and description of related products and services;
b) functions of Comprehensive Security Audit System, including: security situation overview, security alarm, security analysis, log retrieval, report management, asset management, system settings, audit log;
c) assisting Party A to deploy Comprehensive Security Audit System and providing technical support.
3、 During the service period of the product, if the Comprehensive Security Audit System is unavailable due to the operation problems of Party A’s server, Party A agrees that it shall not be deemed the responsibility of Party B, but Party B shall actively cooperate with Party A in troubleshooting.

Wangsu Science & Technology Company Limited Service Contract (Special Terms)
For Cloud Computing Products

On the basis of General Terms, the Parties agree on details of the cooperation or the service through Special Terms which are the materialization, addition or modification of the General Terms combine with specific products and services. Both the General Terms and Special Terms are integral parts of the Contract. If the Special Terms are inconsistent with the General Terms, the Special Terms shall prevail.
In accordance with the principle of equality, voluntariness and mutual benefit, the two sides have reached the following agreement on the special terms of the products to comply with.
I. Special Terms for Wangsu Cloud Computing Service
1、 The server Party A rented shall be used mainly for the web-based information service, or for other legitimate purposes which are in conformity with this Contract. Party A could log into the server it rented remotely to conduct management. During the Service Period, Party A could stop the running of the server itself. The status of the server (in stop or in running) shall not affect the calculation of the relevant service fees.
2、 Party A has right to use the WWW-based information service provided by Party B, including but not limited to: the configuration and usage of Internet and database such as Email, FTP and Telnet, provided that Party A shall not use the Service provided by B as proxy server, otherwise Party B has the right to stop such action by any means, including but not limited to: shutting down the server, limiting network resources, requiring Party A to pay the supplementary fees for the overuse of resources. All the consequences caused therefrom shall be solely borne by Party A.
3、 Party A shall not engage in any activity that breaches network security or attempts to breach network security, including, but not limited to: phishing; hacker; Internet fraud; or websites or spaces contain or may unleash: computer viruses, Trojan, and malicious code; and other activities that may attack other websites or servers through virtual server, for instance, scanning, sniffing, ARP cheating, and DOS. At the same time, Party A promises not to use Party B’s Services for reptiles and brush operations. Otherwise, Party A is deemed to have breaching the Contract and Party B will immediately terminate the Service and investigate Party A’s liability for breach.
4、 Where Party A needs to install software or other works, data, etc. on the cloud server of the Cloud Computing Service it rented, it shall obtain the respective copyright or license(s) of such software, works, or data itself pursuant to the law. Party B shall be exempted from any dispute, lawsuit, or indemnification in relation with the intellectual property right issues therefrom, and Party A shall indemnify, and hold Party B harmless from any expenses and/or losses arising from its breach of this sub-Clause.
5、 Party A fully aware and acknowledges that, data backup is Party A’s obligation and responsibility. The cloud server rental service provided by Party B is the same reliable as the physical server, and Party A shall be responsible for the reliability of the Service and the backup of data.
Unless otherwise agreed by both Parties in writing, Party B shall not be responsible for the safety and management of the operating system, application, Party A’s data, and other system configurations on the server purchased by Party A. Party A shall be responsible for the backup of all materials, software, data, etc. stored on the cloud server of the Cloud Computing Service it rented.
6、 Party A shall be liable for the normal operation of the Cloud Computing Service, and be responsible for the completeness and confidentiality of the data it stores on the cloud server. Any and all the losses caused as the consequence of the disclosure of Party A’s management account or password shall be solely borne by Party A.
7、 Party B is responsible for hardware configuration, routine maintenance of server hardware, troubleshooting, and network connectivity provided that such failure is not attributed to Party B, or due to the event of force majeure, or is beyond the reasonable control of Party B. In the case that within the Cloud computing Service purchased by Party A, the hardware equipment (for instance, the server) provided by Party B breaks down, Party B shall repair, or replace the Equipment with the same configuration(s), so as to ensure that Party A could acquire normal service. Party B shall provide Cloud Computing Service to Party A, and make formal response to Party A’s complaint.
8、 Party A understands that, the Cloud Computing Service provided by Party B is a kind of infrastructure rental service, thereafter, in order to keep abreast of the operation status of the server, conduct necessary maintenance and upgrade, safeguard the normal operation of the server, and comply with the laws and regulations for instance Administrative Measures on Internet Information Services, Detailed Rules for Internet Websites Administration Works, Provisions on Technical Measures for the Internet Security Protection, and Measures for the Administration of Telecom Service Operation, Party A consents that, Party B could take necessary technical measures to monitor the health of the server Party A rented, the contents of its website, and the program Party A runs.
9、 In good faith and with responsible attitude towards Party A, through relevant technical measures, Party B shall try as much as possible to protect the safety of the data and information Party A stored on the server, and will not disclose user’s data and information to any third party on its own initiative, except that: it is required by public powers, for instance, the executive or judicial departments; it is submitted by Party B for handling complaints or litigations; it is provided to third party with Party A’s consent; it has to be submitted by Party B in order to take necessary measures to prevent the material breach of law or the commission of crime; it should be provided as required by the relevant laws and/or regulations.
10、 Party A shall not remove or destroy the settings on the cloud server set by Party B (including but not limited to monitor settings, driver settings, and hardware configuration settings). For the removal or damage of the settings due to the reason of Party B, Party B shall re-install and re-debug the relevant equipment; for the removal or destruction of the settings due to the reasons not related to Party B, Party B has the right to terminate the Service.
11、 Party B shall notify Party A in advance in the case Party B conducts network tuning and maintenance work and the Service will be interrupted for a short time.
12、 Party A shall be responsible for its operation behavior on the server, and Party B shall assume no liability caused thereby. Where Party A changes the settings without giving prior notice to Party B, and the actual configuration is inconsistent with the configuration provided in the Service Order, the changed configuration(s) shall prevail, and all the consequences caused thereof shall be solely borne by Party A.
13、 Party B has the right to take traffic controlling measures to the customers who purchased the shared bandwidth service in order to guarantee the interests of other share customers.
14、 Party A shall still pay the service fees if the service interruption is due to Party A.
15、 Party A full understands and acknowledges that, although the necessary technical measures have been developed on the Wangsu Cloud Computing Service (and will be improved with the development of technology) to prevent the events or actions (collectively, actions) that damage the security of Internet, for instance, computer virtues, network intrusion, and destructive attacks (including but not limited to DDoS). However, concerning the limitation and relativity of the network security technology and the un-foreseeability of such actions, where Party A’s website encountered such action, and brought damages to Wangsu Cloud Computing Service Cloud, or other websites and servers stored on Wangsu Cloud Computing Service Cloud (including but not limited to local, foreign, and international networks, servers); or affects the connectivity between Wangsu Cloud Computing Service Cloud and Internet, or between Wangsu Cloud Computing Service Cloud and certain network and server, or within the scope of Wangsu Cloud Computing Service Cloud, Party B has the right to suspend, or terminate to provide Wangsu Cloud Computing Service. Where the service is terminated, the corresponding service fees shall be calculated based on the actual provision of the Service (service fees are calculated in complete months and any part of a month is counted as a full month), and the residual payments (if any) will be refunded back to Party A.
16、 Where Party A has not accomplish the website recording or other approving work as required by the governmental departments, and Party A or Party B is subject to any administrative punishment therefrom, Party A shall undertake all the responsibilities. The losses caused to Party A shall be taken solely by Party A; for the punishment or other economic losses caused to Party B, Party A shall compensate Party B. Party B has the right to deduct the compensation from Party A’s paid service fees, meanwhile, Party B reserves the rights of further claim to Party A for the insufficient part(s).
17、 Party A acknowledges that, the following situations are normal, and should not be regarded as a breach of contract of Party B:
(i) the Service may be interrupted for a short time when Party B conducts network tuning and maintenance work;
(ii) the access speed to the Device may drop or the access may interrupt because of Internet traffic congestion and interruption of the backbone.
18、 Party A shall be responsible for the normal operation of the rented cloud server’s software, if the cloud server Party A rented encounters any event that may affect the stability of network, including but not limited to hacking, virus attacks, sending spams in bulk, or becoming a virus taker, and causes serious network security problem and affects other users thereby, Party B will notify Party A to correct by telephone or email (which written notice being sent later on), and reserves the right to limit Party A’s network connection (such as suspend the network connection or limit the flow for no more than 24 hours), if the hacker attack continues after 24 hours, Party B has the right to continue to maintain the network restrictions on Party A, until the attack stops, Party A agrees that such situation shall not be deemed as service unavailability, and shall not be regarded as Party B’s breach of contract and Party B shall undertake no default responsibility. For any and all the losses caused to Party B and/or Party B’s other customers, Party A shall compensate such losses.
19、 In the situation that the Contract is terminated, or Party A fails to pay the service fees as mutually agreed, Party B reserves the right to suspend or terminate the Services immediately. Party A should backup its data stored in the server with three (3) days from the date of termination. Party B is not liable to keep these data. Party B will format the server three (3) days after the termination of the Service. Party B shall bear no liability for the data losses because of Party A’s remissness in backing up the data.

II. Special Terms for Wangsu Cloud Storage Service
1、 Service Definitions
1.1 Management Account means the user account for Party A on the WCS platform used to identify Party A.
1.2 Service Terminology: Storage Space, Request Frequency, Back-to-Original Bandwidth
a) Storage Space means the space used to store data files on the WCS Platform;
b) Request Frequency means the frequency of visiting or operating the resources on the WCS Platform through HTTP/HTTPS.
c) Back-to-Original Bandwidth means the WCS source site bandwidth generated by customer’s direct access to the WCS Platform or the access to the WCS Platform through CDN.
2、 Party A only has the right to use its account on WCS Platform; Party A shall be responsible for its account, and only Party A itself could use this account.
If Party A intends to transfer, donate or allow other persons to use its account, it shall send a written notice to Party B, and the successor shall only acquire the right to use this account legally when Party B has agreed so, and the successor should also sign the Contract hereof, otherwise Party B reserves the right to suspend or terminate all the services under this Contract at any time with no liability.
3、 Party B will identify Party A’s instructions through Party A’s username and password. Party A should well keep its username and password, any and all the losses, damages or subsequent adverse consequences arising from the disclosure of the password shall be solely borne by Party A. Party A warrants that it will not disclose its username or password to any person, and will not use other person’s username and password on the WCS Service Platform. If Party A finds out that its username and password have been falsely used by others, or other circumstances which were not duly authorized, it shall notify Party B immediately with effective methods and require Party B to suspend the respective services. Meanwhile, Party A understands that it takes reasonable time for Party B to respond to Party A’s request, Party B shall not take any responsibility for the executed instructions and/or the losses caused before its response.
4、 If the Contract is relieved or terminated, Party A should backup its data during the service available period within three (3) days from the date of termination. Party B will format the server three (3) days after the termination of the Service. Party B shall bear no liability for the data losses because of Party A’s remissness in backing up the data.
5、 Party A fully understands and acknowledges that, although the necessary technical measures have been developed on the WCS Service (and will be improved with the development of technology) to prevent the events or actions (collectively, actions) that damage the security of Internet, for instance, computer virtues, network intrusion, and destructive attacks (including but not limited to DDoS). However, concerning the limitation and relativity of the network security technology and the un-foreseeability of such actions, where Party A’s website encountered such action, and brought damages to WCS Service Platform, or other websites and servers of WCS Service (including but not limited to local, foreign, and international networks, servers); or affects the connectivity between WCS Service Platform and Internet, or between WCS Service Platform and certain network and server, or within the scope of WCS Service Platform, Party B has the right to suspend, or terminate to provide WCS Service. Where the service is terminated, the corresponding service fees shall be calculated based on the actual provision of the Service (service fees are calculated in complete months and any part of a month is counted as a full month), and the residual payments (if any) will be refunded back to Party A.
6、 The conversion formula of the units of Storage Space is that: 1024G=1T, 1024T=1P.
7、 Offline Data Import: if Party A needs to store a large amount of data, it can choose the way of offline import to quickly import data. Party B shall send the server for offline storage or copy to the address designated by Party A, and provide Party A with data import tools. According to the guidance of Party B, Party A copies the data to be imported into the cloud storage platform to the server sent by Party B, and sends the server back to Party B. After receiving the server sent back by Party A, Party B’s operation and maintenance personnel shall import the data from the server sent back by Party A to the cloud storage platform. Party A shall complete the data import work within 30 days after receiving the server and send it back to Party B, so that Party B can import data offline for Party A in time.
8、 If Party A chooses the Offline Data Import Service, then
A. Party A shall bear the costs of transportation and handling (including freight and transportation insurance) of servers and related equipment and all related taxes and other expenses.
B. After Party B delivers the goods to the carrier selected by Party A, and before Party A sends the server back to Party B’s receiving address and is signed to acknowledge the receipt by Party B, Party A shall bear all risks of loss or damage to the server. In case of any of the following situations during this period, Party A shall Compensate Party B for the loss of equipment:
(1) the sever is lost or suffers irreparable damage;
(2) Party A fails to deliver the server to carrier and return it to Party B within 30 days after the server is delivered to Party A;
(3) Party A fails deliver the server to carrier and return it to Party B within three (3) working days after Party B requests to return the server;
(4) the server has damages that did not exist before sending out by Party B and the damages cannot be reasonably repaired. If the damages can be reasonably repaired, Party A shall pay the relevant equipment repair costs to Party B.
C. Party B’s behavior of confirming receipt or sending delivery notice shall not:
(1) mean or imply that any server or data is not lost, damaged or breaking down at the time of delivery or reception, or that the loss, damage or breakdown of the server or data found later is not the responsibility of Party A;
(2) mean or imply that the number of servers actually received by Party B is consistent with the number of servers sent back as stated by Party A;
(3) give up, restrict or reduce any rights of Party B under this Cotract.
(4) Party B reserves the right to set and change from time to time the quantity limits on server delivery, and Party A shall comply with such restrictions.
D. Party A undertakes to have all necessary legal rights to complete the following actions:
(1) submit the data to Party B for uploading to the cloud storage platform;
(2) receive the server and use it for the purposes permitted by Party B;
(3) import or export the data to or from the server;
(4) authorize Party B to import any data designated by Party A into the equipment and hand it over to Party A.
Besides, if Party A’s data includes personal information, personal identity information, personal data or any information involving individuals covered by applicable laws or regulations, Party A undertakes that it has obtained all necessary rights and has the right to move such data to or from cloud storage platform, and Party A will comply with all obligations related to such data stipulated by laws and regulations, including obtaining the consent of the relevant data subject. If necessary, Party B has the right to copy the data so as to migrate the data between the device and the cloud storage platform.
9、 Before using Party B’s Cloud Storage Service, Party A shall backup the data; before exporting to Party A’s own system, Party A shall not delete the content.

III. Special Terms for Easy Cloud Backup Service
1、 The initial installation of client, telephone consultation and maintenance notification provided by Party B are free of charge. All operations on Party A’s devices except for the initial installation of client are compensable services that Party A shall pay service fees to Party B.
2、 DESCRIPTION OF SERVICE AVAILABILITY
a) Service Available means the backup system is able to effectively carry on full backup, incremental backup, differential backup, time point backup and the accounting logging is complete, the data backup has the continuity, and is able to carry on breakpoint continuous transmission.
b) Service Unavailable: after deducting the service available time from the total service time, the rest is the service unavailable time provided that the service unavailability due to Party A’s loss of username and password, the irregular use of client software or force majeure events shall not be included in the service unavailable time.
3、 Service Contents include:
a) providing Party A with client management software, user accounts and passwords;
b) customized service system for online backup and relevant information and technology support;
c) machine room data backup management and backup space rental;
d) technical support and telephone consultation services of 5 (days) * 8 (hours) per week;
e) fault treatment of 7 (days) * 24 (hours) per week;
f) special urgent data recovery service (compensable);
g) additional backup space on the basis of the original backup space (compensable);
h) devices installation and compensable field services.
The online backup system service provided by Party B does not include the communication and networking expenses that Party A needs to pay for the terminal equipment and network access to use the service. Party A shall bear the relevant expenses except Easy Cloud Backup Service.
4、 Party A shall provide true and accurate enterprise information to Party B when registering and opening services. When the information changes, Party A shall conduct update procedures in time, otherwise Party A shall bear the corresponding legal and economic responsibilities arising from inaccurate information.
5、 Party A has the right to use the account, client software, and the backup space and attaching services of the service application system during the performance of the Contract and Party B will take back foregoing services after the termination of the Contract. The intellectual property rights of this product are owned by Party B and protected by the International Copyright Law. Without the explicit written consent of Party B, any form of software cracking or decompile of the program by Party A is illegal, Party A shall assume all legal responsibilities thereof.
6、 Party A shall take reasonable measures to keep the account password well. All the losses arising from the disclosure of the account or password shall be solely borne by Party A.
7、 Party A has the discretion to the data files stored in the backup space of Party B. Party B will not do any operations to the data. All responsibility for activities such as occupation, use, alteration and deletion of backup files shall be borne by Party A. Party B has the right to apply for relevant legal departments to determine the validity of Party A’s behavior and to terminate service accordingly.
8、 Party A undertakes that the data stored by Party A shall conform to the relevant laws and regulations of the country, and Party A shall be liable for all losses caused to Party B by Party A’s illegal acts. Party B has the right to collect relevant fees from Party A in accordance with this contract.
9、 Party B provides Party A with corresponding account and password, client software, backup space and necessary services to ensure that the hardware failure of the online backup system will not cause data loss.
10、 During the performance of the Contract, Party A can also authorize Party B to download data on the network backup equipment of Wangsu.
11、 If in the Wangsu online backup service purchased by Party A, the hardware failure such as backup servers failure occurs, Party B will timely repair or replace the same configuration of device to Party A to ensure the normal service provided to Party A.
12、 When the Contract is relieved or terminated, if Part A transfers all kinds of backup data by itself within 48 hours, Party B will not charge the temporary data storage fee; if Party A fails to move out the data within 48 hours, Party B shall have the right to charge 50 yuan/10G backup space/day for temporary storage and Party A should pay off the fees on the day move out.
Party B shall keep the data files of Party A for 7 days from the date of termination or relief the Contract, during which Party A should make back-up copies of the data, and after which Party B will permanently delete Party A’s backup files and release backup space.
13、 Party A shall take necessary measures to keep the account and password safely. Party B will not provide notification service in case the loss of the account or the password. In case of forgetting the password, Party A shall provide written documents with stamp and signature for Party B to reset the password. Party B shall take no responsibility for any risks to the security or the loss of the data arising from the password leaking by Party A.
14、 Party B provides Party A with the data backup interface, the backup platform space and the data center sharing supporting environment necessary for using the Easy Cloud Backup Service. Since the backup data is uploaded after encryption and all data recovery operations are performed by Party A itself, Party B shall not bear any responsibility for the damage or error of Party A’s backup data files.
15、 During the backup account period for the loss of original data of party a’s source site, Party A shall ensure the uniqueness of the client equipment that the account ultimately uses. In case of data loss and damage caused by installing more than one device, Party A agrees that it is not Party B’s responsibility. Party A shall make compensation for the losses caused to Party B.
16、 If the backup data is incomplete or lost due to improper operation of Party A in the process of installation and use of the client or Party A fails to configure according to the requirements, Party B shall bear no responsibility.

IV. Special Terms for Edge Cloud Service
1、 Edge Cloud Service Console (hereinafter referred to as the Console): refers to the service system cfirmed and approved by Party A and supported by service interface or platform provided by Party B, which supports Party A to open, change, query and manage Edge Cloud Service through service interface or platform, and view relevant monitoring, alarm and other operation data of Party A’s service.
2、 Billing Term
(1)Billing Effective Date:for a close-end contract, the Billing Effective Date shall be subject to the agreement of the parties; for an open-end contract, the Billing Effective Date shall subject to the time when the resources are actually opened or the test is completed (subject to the time confirmed in writing by both parties) and officially used.
(2)Billing End Date: if the Contract terminates on the expiry day, the billing term will be end on the expiry day; but if the Contract is terminated in advance, Party A shall initiate a written application for resources destruction to the Contract Principal thirty (30) days in advance, Party B will complete the resource suspension action on the date specified by Party A in written and take such date as the Billing End Date.
3、 Party A shall be fully responsible for all operations and comments made through the account and password owned by Party A during the use of the console, and Party A agrees that:
(1)Party A only has the right to use the console account, and only Party A can use Party A’s console account. If Party A needs to transfer, donate or authorize others to use the console account, it shall inform Party B in writing. After Party B agrees and the successor signs the contract, the successor can legally obtain the right to use the console account of Party A. Otherwise, Party B has the right to suspend or terminate all services provided to Party A at any time without any responsibility.
(2)Party B identifies Party A’s instructions through Party A’s account and password. Party A shall keep the console account and password properly, and Party A shall bear all the losses caused by the password leakage and all the adverse consequences arising therefrom. Party A guarantees that it will not disclose the console account and password to any other person, and will not use the console account and password of any other person.
(3)If Party A finds that any other person has falsely used or embezzled Party A’s account and password, or any other situation without legal authorization, Party A shall immediately notify Party B in an effective way and require Party B to suspend relevant services. At the same time, Party A understands that the action taken by Party B to Party A’s request needs a reasonable period of time. Before that, Party B shall not be responsible for the instructions executed and / or the losses caused to Party A.
(4)If Party A forgets the account or password, Party A shall contact Party B in time, retrieve and reset the password in time according to the prompts of Party B’s console or customer service process.
4、 Party A shall use the resources and Services provided by Party B legitimately, and shall comply with the relevant laws and regulations of the P.R.C., including but not limited to: Administrative Measures for Protection of the Security of International Internetworking of Computer Information Networks, Interim Provisions Governing International Interconnection of Computer-based Information Networks, Regulations for Safety Protection of Computer Information Systems, Telecommunications Regulations, Decision of the Standing Committee of the National People’s Congress on the Preservation of Internet Security, Administrative Measures on Internet Information Services, Provisions on the Administration of Electronic Bulletin Board Services on the Internet, Interim Provisions on the Administration of News Publication Business Undertaken by the Internet Websites, Administrative Measures for the Broadcast of Audiovisual Programs via Such Information Networks as the Internet, Interim Provisions on the Administration of Internet Culture, and other relevant public policies. Party A shall not offend other’s intellectual property rights, business secrets, and other legitimate rights; shall not transgress social morality, use the server to engage in the activities which are unwelcomed, or prohibited by laws and regulations. Party A warrants that it shall not provide convenience for others to publish the aforementioned messages, including but not limited to: URL, BANNER linkages. Such activities and messages include but are not limited to:
(1)Distributing email advertisements and spams, including but not limited to sending unwelcomed or unsolicited emails, email advertisements or emails containing harmful contents, for instance, reactionary and pornographic information in bulk; advertising, introducing or soliciting business for the website placed on the server by distributing unwelcomed or unsolicited emails, email advertisements, etc. in bulk; emails with no clear bounce method, sender, or return address; emails violating other ISP security strategy or service terms.
(2)Messages involving state secret and/or security, containing feudal superstition and/or pornographic contents, abetting crimes; game of chance and gambling; messages breaching national ethnic or religion policy, interfering Internet security, damaging other’s legitimate rights, and/or other messages or contents which are harmful to social order, public security, or public moral.
(3)Party A acknowledges that, at the sole discretion of Party B, Party B has the right to decide whether the contents published by Party A constitute a breach of contract or a violation of state regulations. In case of any breach, all the liabilities caused therefrom shall be solely borne by Party A. For the damages caused to Party B, Party A shall further undertake the compensation liability.
(4)Party A shall not engage in any activity that breaches network security or attempts to breach network security, including but not limited to: phishing; hacker; Internet fraud; or websites or spaces contain or may unleash: computer viruses, Trojan, and malicious code; and other activities that may attack other websites or servers through virtual server, for instance, scanning, sniffing, ARP cheating, and DOS.
Without Party B’s permission, Party A undertakes not to use the services provided by Party B to carry out crawler and order brushing operations. Otherwise, Party A shall be deemed to have breached the contract, and Party B shall immediately terminate the service and investigate Party A’s liability for breach of contract.
5、 For the Edge Cloud Service provided by Party B, if Party A and Party B agree to provide the service in a monthly package manner, when Party A stops or starts the service by itself through the console or remote login, the change of service stop and operation status will not affect the billing. Party A shall still pay the monthly package fee agreed in the Contract and the Order.
6、 Party A knows that in order to keep abreast of the operation status of the server, carry out necessary maintenance and upgrade of the server in time, ensure the normal and stable operation of the server, and in order to better implement laws and regulations, for instance, Administrative Measures on Internet Information Services, Detailed Rules for Internet Websites Administration Works, Provisions on Technical Measures for the Internet Security Protection, and Measures for the Administration of Telecom Service Operation, Party A consents that, Party B could take necessary technical measures to monitor the operation status of the server Party A rented, the contents of its website, and the program Party A runs.
7、 Party A full understands and acknowledges that, although the necessary technical measures have been developed on the Edge Cloud Service (and will be improved with the development of technology) to prevent the events or actions (collectively, actions) that damage the security of Internet, for instance, computer virtues, network intrusion, and destructive attacks (including but not limited to DDoS). However, concerning the limitation and relativity of the network security technology and the un-foreseeability of such actions, where Party A’s website encountered such action, and brought damages to Edge Cloud Service, or relevant websites and servers (including but not limited to local, foreign, and international networks, servers);or brings harm to other guest operating systems or applications, or affects the connectivity between the servers of Party B, or between the servers of Party B and the Internet or specific network, Party B has the right to suspend, or terminate to provide service. If the service is terminated, the service fee will be calculated according to the actual service month (time less than one month will be counted as one month).
V. Special Terms for Cloud Channel Service
1、 Business Application
a) Part B will place hardware devices at Party A’s site, and support the connecting of Party A’s site to the cloud channel platform of Party B by Internet. Internet public network bandwidth required by Party A’s site should be solved by Party A itself.
b) During the progress of cloud channel service provided to Party A by Party B, the property right of the hardware devices and the intellectual property right of software all belong to Party B. Party B shall remove the devices within 15 days after the expiration or the termination of the Contract, and Party A promises to cooperate actively and not to detain the devices for any reason. If there is any Party A’ data in the devices, Party A shall consummate the transfer and back-up of such data by itself before the removing of the device. Party B is not responsible for keeping Party A’ data and shall not assume any liability for such data.
c) Party A promises not to use Party B’ s cloud channel Service to connect and visit overseas websites which doesn’t have the permission from state entities or other regulatory authorities by setting up a proxy platform privately, and not to use cloud channel Service for the connecting to public Internet. If Party A breaches the aforementioned commitments herein, Party A shall be deemed to be in breach of the agreement, and Party B shall have the right to cancel the agreement and Party A shall assume all the responsibilities (including without limitation the liability for breach of contract and compensation for losses suffered by Party B, etc.)
2、 Charge Information
(1) Definition of cloud channel instance
A、 Party A has and only has two sites connected to cloud channel, and the connection between such two sites is called cloud channel instance;
B、 Party B has at least 3 sites connected to cloud channel, and each of such connection is called a cloud channel site instance.
C、 The fees shall be calculated on the basis of fixed bandwidth by each instance hereof, and will be charged in line with the quantities and unit price of the bandwidth agreed in writing by Party A and Party B.
(2) Party A shall make the service payment in advance in accordance with the agreed charging cycle. The down payment shall be made before the actual use in any service period after the entry into force of the agreement. The remaining payment shall be made in advance five days before the end of the previous charging cycle.
(3) Billing term
A、 Billing Effective Date shall be subject to the date agreed in the Contract, the Order or further written agreement of both Parties. In the initial month of billing, if the billing effective time is less than a whole month, the fee shall be converted according to the actual billing days.
B、 Billing End Date: if the Contract terminates on the expiry day, the billing term will be end on the expiry day; but if the Contract is terminated in advance, Party A shall initiate a written application for resources destruction to the Contract Principal fifteen (15) days in advance, Party B will complete the resource suspension action on the date specified by Party A in written and take such date as the Billing End Date. In the month of billing end date, if the billing effective time is less than a whole month, the fee shall be converted according to the actual billing days.
(4) Early termination
A、 Early termination: If Party A proposes a termination before the expiration of the service period or before the agreed service usage is reached, the fees incurred shall be calculated by multiplying the unit price of a day without discount by the actual number of days of use (calculated on the basis of the actual days if less than a full month and 365 days per year); and Party A shall be liable in accordance with the stipulation of the breach of contract in the relevant general terms.
B、 Arrears termination: If Party A fails to pay the related fees in full and on time within the agreed time limit, Party A shall pay in time within two working days after receiving Party B’s reminder notice and If Party A still fails to pay, Party B will terminate the service. Party A’s data will be retained for only seven days after the termination of the service (i.e. 168 hours, except for the destruction set by Party A itself) and Party B will not be liable for breach of contract.
3、 Service Standard
(1) Service availability
A、 The service availability of Cloud channel is calculated on the basis service cycle of each single instance as the following:
Service availability= (Total Minutes of Service Cycles - Unavailable Minutes of Service) / Total Minutes of Service Cycles) *100%
B、 The service availability of Cloud channel is not less than 99.95%. If such service availability is not fulfilled, Party A may obtain compensation according to the agreement. The scope of compensation does not include the service unavailability time caused by the following reasons:
(a) the system maintenance made by Party B after notifying Party A in advance, includes without limitation, cutting over, maintenance, upgrading and simulated fault drilling;
(b) any malfunction or configuration adjustment of any network or equipment not owned by Party B;
(c) any attack of Party A’s applications or data information by hackers;
(d) any missing or leakage of any data, password, word of command and others alike due to the inappropriateness of Party A’s maintenance or confidentiality measures;
(e) any upgrading of the operating system by Party A itself;
(f) Party A’s application or installation activities;
(g) any abnormal of Party B’ equipment or service caused by Party A itself or Party A’s environmental factors;
(h) hackers, viruses, technical adjustment of telecommunications departments, resource adjustment and interruption of backbone lines, etc;
(i) any reason due to the shortage of telecommunication resources, line construction, maintenance, breakage, interruption of power supply departments, or any unavailability or interruption of the line due to any entity of telecommunications departments or power departments, or any line interruption due to the reasons of international satellite lines and international Internet backbone networks;
(j) Force majeure and accidents;
(k) any other reason not due to Party B.
4、 Compensation standard
(1) Because of Party B’s own reasons, when the service availability of Party A’s Cloud channel is less than 99.95% (i.e. the unavailable time of the service exceeds 22 minutes per month), Party B calculates the service fees per minute on the basis of the minimum commitment monthly fee for services of the Cloud Private Line Service, and deducts the related service fees Party A shall pay by twice the average cost per minute.
(2) Calculation of unavailable instance numbers:
a、 If Party A has and only two sites connected to the Cloud channel, then the availability calculation and service fees reduction will be carried out for the corresponding instances of the Cloud channel connecting such two sites.
b、 If Party A has at least three sites connected to Cloud channel, then each site’s access is an instance of Cloud channel, and there are many instances. In this case, the availability and service fees are calculated separately according to each instance. There are two situations:
 If there is an abnormal access to a site (including the equipment placed by Party B at Party A’s site), which results in the unavailability of services from such site to other sites, then only the instance of such cloud channel site is counted as unavailable, and other sites will not be calculated repeatedly.
 If the service between two sites is abnormal and neither site has the abnormal in (i) herein, the two instances of such Cloud channel Sites are considered unavailable.
(3) The two parties jointly confirmed that the maximum amount of Party B’s deduction is the minimum commitment monthly fee for services not available in a monthly period of the Cloud channel and will not be accumulated in any form to the next month. If Party A fails to sign the minimum commitment monthly fee for services, the service fee shall be deducted on the basis of the actual service unavailable time (the maximum amount is the total service fee for the unavailable cloud private line in that month). Party A agrees that Party B shall not be liable for any other losses of Party A due to the unavailability of Cloud channel Services, except as stipulated above in this clause.

VI. Special Terms for Cloud Computing Service

  1. Billing Term
    (1) Billing Criteria: for a close-end Contract, the Billing Criteria will be subject to the Agreement of the Parties and for an open-end Contract, the Billing will be based on the Control Console, that is, Party A login the Control Console on its own to open, change and close the resources, and the Control Console generates the billing details according to the service condition.
    (2) Billing Effective Date: for a close-end Contract, the Billing Effective Date shall be subject to the Agreement of the Parties; and for an open-end Contract, the Billing Effective Date is based on the actual opening of resources or the time when the test is end (which is confirmed by the Parties in writing) and the service is officially start.
    (3) Billing End Date: if the Contract terminates on the expiry day, the billing will be closed on the expiry day but if the Contract is terminated in advance, Party shall initiate a written application destruction of resources to the Contract Principal fifteen (15) days in advance, Party B will complete the resource suspension action on the date specified by Party A in written and take such date as the Billing End Date.
  2. Billing and Accounting Details
    a) Annual package discount means the specific discount on the premise that Party A makes a one-time prepayment for the annual cost. The details for the discount see the Service Order.
    b) Installment payment means Party A pays the service fees after the end of a service period, and the service fees for the period less than a service period shall be prorated on the basis of the actual number of the days. Specific payment period see the Service Order. The minimum billing period for Wangsu Cloud Computing Service is a day.
    c) If there is a difference between the Control Console and the Service Order concerning the payment (for example, annually or monthly), the Service Order shall prevail.
    d) The bandwidth business based on fixed bandwidth is charged by the actual bandwidth.
    e) The bandwidth business based on the actual flow is charged on a daily basis. The part of the flow of the day that is less than 1G shall be converted to billing according to the actual flow. The billing unit is accurate to 0.01 yuan.
    f) The space of the Cloud Storage shall be charged according to the first peak value.
    g) Party A shall confirm the expense payable within three (3) days after the end of each service period on its own on the column of cost of the Control Console provided by Wangsu. If Party A fails to confirm in the time limit, it shall be regarded as no objection.
  3. Early termination of the Business and Default
    a) If Party A proposes to terminate the Contract in advance before the expiry day or before reaching the arranged amount of use, then the service fees shall be the unit-price multiplied by the number of days in–service. One year is 365 days and the service fees for the period less than a full month shall be prorated on the basis of the actual number of the days. Besides, Party A shall pay another one month’s service fees as penalty.
    b) Stop service on arrearage: if Party A fails to full pay the Service Fees on time, and the Service Fees is still unpaid after the receipt of the reminder notice from Party B, then Party B will stop the service and data will be reserved for only seven (7) days (168 hours) except for the data destroyed by Party A, and Party B has the right to pursue Party A’s liability for breach of Contract in accordance with Article 5 of the General Terms “Rescission, Termination, Liability for Breach of Contract and Compensation”.
  4. Alteration to the Contract and/or Product
    Effective Date: alterations in Services (such as Products) come into effect immediately and billing alterations come into effect the next day.
    Restriction on alterations in Services: Service Alterations are only allowed once a day, and on special occasions Party A shall negotiate with Party B and obtain the consent of Party B.
    Types of Alteration include, but not limited to the following circumstances:
    ① Alterations on Package Type and Prices
    From annual package to monthly package: the annual package shall be deemed to be terminated in-advance on the day of alteration and the monthly package will be added on the next day of alteration, and Party A shall pay the compensation for early termination.
    From monthly package to annual package: the monthly package shall be deemed to be terminated in-advance on the day of alteration and the annual package will be added on the next day of alteration.
    ② Alterations on Service Configuration
    Configuration upgrades (for example, upgrade 2C4G monthly Cloud Server to 4C8G monthly Cloud Server) shall come into effect on the next day of alteration and the service fees for the period less than a month shall be prorated daily.
    On circumstance of configuration reduction, Party A shall pay compensation for early termination of the prior Service. For example, if change an annual package of 10M fixed bandwidth to 5M, the 10M fixed bandwidth shall be deemed to be terminated in-advance on the day of alteration and the 5M fixed bandwidth will be added on the next day of alteration, and Party A shall pay the compensation for early termination.
    The judgement of upgrades or reduction shall depends on the quote price of the product before and after the alteration.
    ③ Alterations on Payment Methods and Term of Contract
    On such occasions, for example, change from paying in-advance to after-service for annual package, or from unnatural monthly payment to natural monthly payment, or change the starting date of the Contract from June 1st to July 15th (for example, test delay), all fees will be calculated according to the new payment / new contract time after clearing the cost payable by Party A before alteration.
    ④ Alterations on Billing Methods
    Change from billing at fixed bandwidth to traffic bandwidth: charge at fixed bandwidth for the alteration day and at traffic bandwidth for the next day of alteration.
    Change from billing at traffic bandwidth to fixed bandwidth: charge at traffic bandwidth for the alteration day and at fixed bandwidth for the next day of alteration.