THIRD PARTY OFFERING: ChinaCache
Required Disclosures and Obligations
Your use of the TPO set forth herein is subject to the following terms and conditions.
Required You Disclosures:
2.1. You have no contractual relationship with ChinaCache North America, Inc. (“Supplier”) and You are not a third party beneficiary of any agreement between Instart and Supplier.
2.2. Supplier shall have no legal, equitable, or other liability of any kind to You. Supplier is not liable for government or regulatory acts which prevent delivery of content, or which filter, block, alter, or damage data sent by You.
2.3. You shall not require Supplier to assist with any government or regulatory laws, policies, or other regulations regarding content. You are responsible for ensuring that You understand any potential civil and criminal liability resulting from publishing or distributing information over the internet in the PRC, or from the permission or facilitation of such. Any information provided by Supplier shall not constitute legal advice.
2.4. Instart is the point of contact for Your concerns regarding the TPO. Supplier will communicate information and requests relating to the TPO in accordance with any agreement between Instart and Supplier.
2.5. You are responsible for all content that is delivered, stored, or otherwise made available through the TPO, and for ensuring that all content abides by applicable law, including responsibility for its Your users’ use of the TPO. Supplier does not monitor and disclaims all liability and responsibility for the content of any communications transmitted via an applicable service and disclaims liability and responsibility for unauthorized use or misuse of any applicable TPO.
3.1. You are solely responsible to ensure Your use of the TPO complies with all applicable State, Federal and Local laws and regulations. This includes obtaining all relevant licenses, permits or approvals required by a government or regulatory authority, including without limitation ICP requirements.
3.2. You will not permit or assist others to; and will take all reasonable steps to ensure that Your own employees, Your users and third parties do not; misuse, abuse or fraudulently use the TPO, including but not limited to the following:
Unauthorized access, alteration, destruction or any attempt thereof, of any information of another Supplier customer by any means or device;
Using the TPO so as to impair or interfere with the use of equipment or facilities of Supplier, its affiliates or underlying carriers, by other customers or authorized users;
Using the TPO to send "junk mail" or "spam" through electronic mail or any other means carried by the Internet, notwithstanding their number or length, and having not been duly and specifically requested by recipient;
Using the TPO to impair or interfere with the privacy of any communications; or
Offering or disseminating fraudulent goods, services, schemes or promotions, or engaging in any other deceptive practices.
3.3. You are responsible for ensuring that you do not transmit, distribute, or store through the TPO any information that is considered illegal, harmful, or offensive according to any PRC governmental or other applicable regulatory body (“impermissible content”). You are responsible for understanding what is considered impermissible content, including without limitation, and subject to change, information which: a) opposes the fundamental principles of the PRC Constitution; b) is defamatory; c) compromises national security, state secrets, subverts state power, or damages national unity; d) harms the dignity or interests of the state; e) incites racial discrimination or damages inter-ethnic unity; f) undermines the PRC religious policy; g) disseminates rumors, disturbs social order, or disrupts social stability; h) disseminates obscenity, pornography, gambling, violence, homicide or terrorism, or instigates others to commit crimes; i) insults or slanders other persons or infringes upon the lawful rights and interest of a third party; or j) is otherwise prohibited by law or administrative regulations.
You are responsible for ensuring compliance with any applicable requirements regarding data retention and censorship.
3.5. You shall indemnify, defend and hold Supplier, its affiliates, stockholders, officers, directors, agents and employees harmless from and against any and all claims, including without limitation claims regarding: a) You (including its employees, personnel, and Users) use of the TPO, or inability to use the TPO; b) Any content, pictures, materials or statements published or distributed in connection with the TPO, including any claim involving alleged infringement or misappropriation of third-party rights; c) a dispute between You and any of Your users; or d) violation of any applicable law by You or any of Your users. This indemnity shall survive any termination.
4.1. If You business is subject to any requirements regarding licenses, permits or government or regulatory approval, Supplier has the right to refuse to continue providing the TPO if You are unable to produce such required approvals (including ICP).
4.2. If Supplier receives a takedown notice, or if You are in violation of any of Your obligations herein Supplier may, in its sole discretion, immediately block access, suspend, or terminate any affected TPO. Supplier will attempt to provide as much notice as possible prior to suspension or termination of TPO, but may immediately take such action if deemed necessary.
4.3. In accordance with the agreement between Supplier and Instart, Supplier may suspend or terminate the Service in certain circumstances. Supplier shall have no liability to You with respect to such suspension or termination, and Your sole recourse shall be determined by your agreement with Instart.
4.4. Supplier reserves the right to access and disclose Your information in order to comply with the law or respond to lawful requests or legal processes. If Supplier suspects any fraudulent, abusive, or illegal activity Supplier may notify law enforcement authorities at its discretion.
4.5. Supplier will have no liability for damages of any nature resulting in whole or in part from Supplier’s exercise of these rights.