Terms Of Service
China Shiyan Hosting shall be known throughout this document
as we.These terms apply to dedicated server products only.
Illegal Usage
All services provided by us may be used for lawful purposes
only. Transmission, storage, or presentation of any
information, data or material in violation of any United
States, China P.R (or any other country) law is prohibited.
This includes, but is not limited to: copyrighted material,
material that is threatening or obscene, or material
protected by trade secrets and other statue. The subscriber
agrees to indemnify and hold harmless us from any claims
resulting from the use of the service which damages
the subscriber or any other party. Pornography and sex-related
merchandising are NOT permitted. We will be the sole
arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Hackers programs or archives
- Warez Sites
- Spamming Software
- Pornography Sites
- Gameble sites
SPAM Policy
Spamming or any unsolicited commercial email from being
sent either: over our network, by customers or any other
users of our network (including customers' customers);
AND/OR over ANY network if the message sent advertises
or mentions a site hosted on our servers. If you are
found to have spammed, We reserve the right to disable
your account without warning. In addition, we may impose
a US$40 penalty for each spam policy violation. We solely
reserve the right to refuse or cancel service to known
spammers. Lastly, we reserve the right to determine
what violates this policy. As such, any violation may
result in cancellation of services without refund.
Unauthorized Usage
Dedicated Server service may not be used for BitTorrent
server .
Defamation
Defamatory speech distributed over the Internet can
result in civil liability for the defamer.
IRC
We do not allow IRC or IRC bots to be operated on our
servers.
Unmetered Bandwidth
Unless otherwise stated, unmetered bandwidth server
will be located in the shared bandwidth networks where
each 100Mbps will have a maximum of 8 servers. We monitor
backbone utilization in order to ensure that bandwidth
resources are equally shared. We have no objections
against burstable usage of the 100Mbit port however
customers that have sustained usage of 15Mbit (outbound
- server to internet) or more for 24 hours may be asked
to purchase dedicated bandwidth.
Disclaimer
We will not be responsible for any damages your business
may suffer. We make no warranties of any kind, expressed
or implied for services we provide. We disclaim any
warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by us and our employees. We are
not responsible for downtime due to matters "beyond
our control"; this includes, but is not limited
to: earthquake, fire, hacking, or computer viruses.
Finally, we wish to emphasize that in accepting services,
customers indemnify us for the violation of any law
or our policy, which results in loss to us or the bringing
of any claim against us. This means that if we are sued
because of activities of the customer that violate any
law, or this policy, the customer will pay any damages
awarded against us, plus costs and reasonable legal
fees.
Late Payment
All customers should pay for their account on the 1st
day of billing period duringthe renewal term. If payment
is not made before the 2nd day, your server will be
disconnected immediately. There would be a re-activation
fee of US$30. Customer files will be kept for another
2 days before destroying.
Refunds Policy
All payments to us are non-refundable. This includes
any applicable setup fees and subsequent charges regardless
of usage. All overcharges or billing disputes must be
reported within 20 days of the time the dispute occurred.
Refusal of Service
We reserve the right at its sole discretion to refuse
or cancel service. Violation of any of our rules and
regulations could result in a warning, suspension, or
possible account termination. Accounts terminated due
to policy violations will not be refunded.
Account Cancellation
All requests for canceling any service must be sent
to us at least 14 days prior to termination but not
more than 60 days prior to termination, or you must
have to pay for the next billing.
Failure to comply with any of the above terms will
result in grounds for immediate account deactivation.
We will be the sole arbiter as to what constitutes a
violation of the terms.
We reserve the right to change, edit, or update the
policies contained in this document at any time.
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