Updated September 10th, 2011
1. SERVICE DESCRIPTION: As a World Wide Web service provider, TeraScape provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect a web site(s) to the World Wide Web utilizing the hardware and software resources of TeraScape to establish an Internet web presence on one of TeraScape’s server computers.
1a. SPAM (unsolicited email): TeraScape has a strict NO SPAM policy. Any account that ignores this policy and sends SPAM anyway will be terminated. By agreeing to these terms of service, you agree you will not send any SPAM related to your site from any computer.
1b. ADULT SITES: TeraScape does NOT host adult sites, nor sites which generally would be perceived as being of adult nature based on language, content, photos, images, including nudity of any form. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 1a.
1c. ILLEGAL INFORMATION: TeraScape does NOT host any site which contains or promotes illegal products or information of any kind. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 1a.
1d. SITES VIOLATING PRC LAWS: TeraScape does NOT host any site that would in any way cause harm to the Government of the Peoples’ Republic of China. TeraScape will not allow any client’s content to risk government firewalling or risk blockage of any or all sites on TeraScape Servers whatsoever due to site content.
1e. MISCELLANEOUS CONDITIONS: You hereby agrees that all domain names and any material submitted for publication on TeraScape’s servers through your account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing, offensive and/or harmful materials or uses. TeraScape management retains the right and final opinion regarding whether any portion of a site falls within one of these categories. You hereby agrees to indemnify and hold harmless TeraScape from any claim resulting from your publication of materials or your use of those materials. Violations of TeraScape’s Terms Of Service may result in immediate account termination and TeraScape reserves the right to charge up to RMB ¥1000 clean-up fee.
2. CONDITIONS: The application and this Agreement constitute a binding contract between TeraScape and the Customer and does not extend to any other person or entity. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for server space and the set-up fee (if any) of the web space, unless the cancellation is within the first 30 days, then the customer, upon request, will be refunded the current account setup fee (if any) which the customer was charged.
Within 30 days after the application received and web space set-up, should the customer wish to cancel, the received payment for the space and the set up will be refunded, otherwise, the customers will still hold the Customer responsibility for server space and the set-up fee(if any) of the web space.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that TeraScape makes absolutely no warranties whatsoever express or implied. As a result, the Customer agrees that TeraScape shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data (including database data in any format), email data, delays, non-deliveries, or service interruptions. The customer also acknowledges that by using any shopping cart system, whether provided by TeraScape or not, TeraScape will not be held responsible for charge backs, errors, loss of revenue, loss of data, web server failure, downtime, or any disputes that may arise from the use of any shopping cart system. The service provider cannot take responsibility for any service disruption due to act of God (earthquake, flood, typhoon, other such natural occurrences) or political occurrence (war, economy crash, internal strife) that could disrupt service or site visibility in or out of the People’s Republic of China.
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by TeraScape is at the Customer’s sole and absolute risk. TeraScape specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME: If TeraScape shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against TeraScape, for any loss, damage, claim or expense arising out of or in relation to the registration or renewal of such Domain Name, including but not limited to, registration in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by TeraScape for any reason.
6. PAYMENT: Set-up fee (if any) is due at the time the application is filled out, and submitted to TeraScape. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Subsequent payments are due on the renewal date per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, TeraScape shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.
Contract Renewal: All contracts are automatically renewed for another term unless a written notice of cancellation submitted through our cancellation form at least one month in advance of the renewal date / anniversary date. If no correct notice of cancellation is given, all contracts will be automatically renewed for another term under the same conditions.
TeraScape reserves the right to refuse service to anyone at any time. TeraScape reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if You’s account or the traffic on this account causes any kind of network or server problem or disturbances.
7. UNILATERAL SERVICE REVOCATION: In the event that TeraScape may at any time have reasonable cause to believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, TeraScape may immediately discontinue such service to the Customer without liability.
SPAM: In the event that TeraScape has reasonable cause to determine the account to be participating in any way with SPAM, including mining of email addresses, sending unsolicited email, or any other form of SPAM, TeraScape may immediately discontinue such service to the Customer without liability.
Indirect Storage and/or Processing: TeraScape does not allow our servers to be used as a storage location for download or access of files of any type (.exe, .doc, .pdf, .asp, .htm, .gif, .jpg etc.) that are not directly related to the account which we host. Also, TeraScape does not allow our servers to be used to process scripts and forms which do not directly relate to the account which we host.
Email Services: Email accounts (POP3, IMAP, etc) are intended to be used directly by the individual/company/organization associated with the domain that we host. It is strongly recommended to use an email program like Outlook, Outlook Express, Thunderbird or Evolution (Linux) to retrieve the email from the email account and store the emails locally. Due to the ever changing nature of email, the email accounts are not backed up, and in accordance with Item 3 above, TeraScape shall not be liable for any loss of email data stored on the email server(s). Storage of received, sent and any other format of email is considered in determining the total disk space used for the account. Likewise, email traffic is considered in determining the total traffic/bandwidth used by the account.
8. MATERIAL and INDEMNIFICATION: You hereby agrees that all domain names and any material submitted for publication on TeraScape’s server(s) through your account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. You hereby agrees to indemnify and hold harmless TeraScape for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against TeraScape on the grounds of such violation. Violations to TeraScape’s Terms Of Service will result in immediate account termination and TeraScape reserves the right to charge up to RMB ¥1000 clean-up fee.
9. CHANGES IN TERMS OF AGREEMENT: TeraScape reserves the right to make changes to the terms and conditions of this Agreement. It is the Customer’s responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement). Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
11. GOVERNING LAW: This Agreement shall be governed by the laws of the Peoples’ Republic of China. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
12. CGI-SCRIPTS: You are free to use any CGI scripts you wish, as long as it does not negatively affect another site on the internet, nor can it be used for anything illegal. TeraScape reserves the right to disable any CGI script or script access on an account.
13. REFUSAL OF SERVICE: We reserve the right to refuse or cancel service at our sole discretion. Failure to comply with any of our policies will result in immediate termination of services. No refunds will be issued under these circumstances.
14. LOG FILES: Log files may be deleted on a periodic basis. Users are responsible for downloading their log files if user needs the log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.
15. CPU, MEMORY, DISK SPACE: It is a violation for anyone to post information or to include programs, scripts, images on the web space provided through the TeraScape services which consume excessive bandwidth, CPU time or storage space. For most web sites (probably over 90%) this isn’t even an issue. If your site(s) violate this agreement, TeraScape reserves the right to de-activate or terminate your site(s) service immediately. We understand sites grow, and may need more disk space. That isn’t the concern here. Extremely excessive disk space usage is not permitted.