Host lease contract
Party A: ____________________
address:___________________________________
phone:___________________________________
fax:___________________________________
Party B: ____________________
phone:___________________________________
fax:___________________________________
I. Overview
In accordance with the provisions of the "Contract Law of the People's Republic of China" and in accordance with the principle of sincere cooperation and mutual benefit, after a friendly negotiation, Party A and Party B reached the following agreement on the provision of host rental services by Party A:
Second, the service provided by Party A
Party A provides Party B with network resources such as dedicated computer room, standard rack, standard power supply, network connection port and IP address in ___________ data center, which is used for Party B's network equipment or Party B to lease Party A's server equipment. Access to the international Internet.
Third, the rights and obligations of both parties
Party B's rights and obligations
1. Party B shall pay all necessary fees according to the standard tariff within ___________ working days from the date of signing the contract.
2. When applying for the host to lease business, Party B shall provide Party A with a copy of its business license and Party B's identity card. After Party A has reviewed it, the above valid certificate shall be filed by photocopy.
3. Party B has the right to control the server independently. Without the authorization of Party B, Party A cannot use the server of Party B to perform operation and debugging without authorization. ?
4. Party A may, at any time, go to Party B's computer room to debug the server it rents.
5. Party B's information management must abide by the "Interim Provisions on the International Network of Computer Information Network of the People's Republic of China" and relevant national laws, decrees and regulations, and must not engage in any illegal business activities, hacking infringements, publishing pornographic or superstitious content, and holding gambling. / Gambling games, conducting political or religious propaganda in violation of state regulations, publishing information concerning state secrets and security, publishing information that endangers social order and law and order, social public morals, and infringement of the legitimate rights and interests of others, etc.) Otherwise, Party A has the right to request Party B to delete or modify the inappropriate content after notifying Party B.
6. Party B is fully responsible for the political responsibility, legal liability and economic disputes arising from the information on its operations.
7. Party B uses the server to conduct WWW-based information services. At the same time, you can configure and use Internet functions and databases such as Email, FTP, and Telnet. You can install any legal software you need. If Party A uses the server to conduct non-WWW-based services, Party A shall explain to Party B in advance, and the parties shall sign the relevant agreement.
8. If Party B's operation and activities carried out by this contract service need to be approved by the relevant state departments, Party B shall obtain the relevant approval or approval. However, Party A is not obliged to examine whether Party A has such approval or approval. If there is any problem, Party B shall resolve it or assume relevant responsibilities, and it has nothing to do with Party A.
9. Party B is fully responsible for any economic, political, legal and other liabilities arising from the use of the rented server. Party B agrees that if there is any such incident, Party A has no relationship with Party A, and Party A shall not assume any responsibility or obligation to this party or to the third party.
10. Party B is responsible for the integrity and confidentiality of the data stored on the server.
11. Party B shall submit to Party A the contact person of Party B to execute this contract and all the personnel list and contact information for managing Party B's network, equipment and server, and notify Party A in time when the above information changes. Party B shall provide necessary assistance when Party A needs it, and Party B shall bear the consequences arising from the deliberate sabotage or improper operation of Party B or above.
12. Unless otherwise agreed in writing by both parties, Party B acknowledges that Party B has no right to copy, distribute, transfer, license or provide to others for the use of any resources, software, data, etc. provided by Party B, otherwise it shall bear corresponding responsibilities.
13. Party A shall not bear any legal liability for the authenticity of all the contents of the website on the server, and all legal liabilities shall be borne by Party B.
14. The source of the information on the server is legal, and Party A does not assume any legal liability, and all legal liabilities shall be borne by Party B.
Party A’s rights and obligations.
1. After signing the contract and paying the fees, Party A shall provide Party B with room space, including power facilities, air-conditioning environment, cabinets, and network facilities. ?
2. Party A provides Party B with the physical environment of the computer room. ___________ Mega shared bandwidth and internet connection can actually reach M, and ensure the security, stability and timeliness of the host and external connection, so that Party A can pass Ftp, Pcanywhere The terminal manages the server, or Party A assists Party B in certain management and hardware addition after the authorization of Party B.
3. Perform routine maintenance and monitoring of the server to ensure the normal operation of the information server of Party B. Unless otherwise agreed in writing by both parties, Party A acknowledges that Party B's own intellectual property rights in any materials, software, data, etc. stored on the server are not related to Party A. Party A has no right to copy, distribute, transfer, license or provide others to use these. Resources, otherwise they should bear the corresponding responsibilities. In addition to the force majeure or the user's vandalism, Party A guarantees Party B's data security.
4. During the payment period of this contract, Party B cannot sell or sublease the server to others. If it fails to pay by contract for more than ___________ days, Party A has the right to sell or sublease the server.
5. Party A guarantees the connectivity of Party B's network system ___________%, that is, the monthly non-connected time is less than ___________ minutes.
Note: The network system of Party B is not connected due to the following reasons:
1) Party A is caused by Party B's consent to network maintenance;
2) caused by any circuit or equipment of Party B;
3) caused by Party B's application or installation activities;
4) Caused by Party B’s negligence or operation authorized by Party B;
5) Caused by force majeure.
6) caused by the regular maintenance work of the system within the plan defined in the contract of both parties;
7) Party A shall promptly notify Party B of the emergency maintenance of the network ____ hours in advance and obtain the consent of Party B;
8) Caused by Party B's harm to information security and network security;
6. The server is delivered to Party B. After the acceptance, the control right belongs to Party B. Within three days, Party B can reasonably request Party A to assist Party B to install other legal software on the server. Party A provides three free installation system services within one year, and then Party B. If you install the software yourself or perform system configuration, if the system is unusable and needs Party A to recover, Party A has the right to request Party B to pay the corresponding service fee:
Remote control can solve the problem every time ___________ yuan, within 1 hour.
Need to solve the problem in the computer room every time ___________ yuan.
Fourth, service items and costs
1. Party B uses the following methods for host lease business:
Rack mode
Servo model number
Service Term______________
Total price _____________________ yuan
2. IP address: Party A provides ___________ IP addresses to Party B free of charge.
3. The total amount paid to Party A within the validity period of the agreement is ________________ yuan.
4. Party A explains the detailed hardware and software configuration of the leased host.
Soft and hardware configuration category model and description notes
CPU: ______________________________________
RAM: ______________________________________
Hard drive: ___________________________________
Network card: ___________________________________
IP: ___________________________________
working system:___________________________________
WEB Server: ___________________________________
Database system: ___________________________________
Remote Management System: ___________________________________
Scripting language support: ___________________________________
Virtual Host Management System: ___________________________________
E-MAIL service component: ___________________________________
FTP: ______________________________________
Five, payment methods
After the agreement comes into effect, Party B shall pay Party A the fee in the manner, and Party B shall adopt the following methods as the settlement and payment method of its expenses;
Party B shall pay Party A ___________ yuan for the ______ year ____________.
Sixth, the contract period
1. Service period: From _ ___________ years _______ month ____ day, to ______ year ___________ month _________ days is the negotiation period of the renewal agreement, totaling ____ months.
If the contract is in effect within one month, if Party B is dissatisfied with Party A's service and explains the sufficient reason, Party A may return the entire amount and the contract will be cancelled. When the contract expires, if the two parties need to continue to cooperate and have no objection to this contract, the contract will be automatically postponed. If the parties believe that certain terms need to be amended, then the parties will sign a separate contract.
2. If Party A needs other services of Party B during or after the contract, the parties will sign a separate contract.
7. Contract suspension and liability for breach of contract
Party B’s liability for breach of contract
1. If Party A and Party B have no objection and Party B renews the payment on time before the end of the contract, the contract will automatically continue for one year. If Party B fails to pay the renewal amount on time, then Party B’s previous payment period will expire. This contract is terminated. Party A will close the account of Party B at that time.
2. If Party B defaults, Party A has the right to close the account of Party B, and Party B shall be responsible for the losses caused.
3. Party A sometimes needs to interrupt the service for a short period of time during maintenance, or the access speed of the host rented by Party B is degraded due to the accidental blocking of the access path on the Internet. Party A agrees that this is a normal situation and does not belong to Party A's default. However, Party A must notify Party B one day in advance. Party A is responsible for notifying Party B 15 days before the expiration of the contract, so that Party B can consider the renewal.
Party A’s liability for breach of contract
1. Party A shall not destroy or interfere with the services provided to Party B without cause. Party A guarantees the normal operation of Party B's leased host, the power supply is stable and reliable, and the connection with the Internet is normal. If it is necessary to temporarily stop or go offline with the Internet, Party A shall promptly notify Party B.
2. If Party A breaches the contract, Party B has the right to request Party A to withdraw or transfer the service of Party B within a limited time. Party A shall be responsible for the losses caused by the breach of contract. ?
3. During the execution of the contract, if Party B delays payment for more than 3 working days, Party A may close the server. If Party B completes payment within 7 days of payment in arrears and asks to re-open the server, it shall pay ____ yuan re-opening fee. This contract is automatically terminated for more than 7 days. Our company has the right to process the server and does not make any data backup. ??
4. If one party fails to perform the obligations stipulated in the agreement, or seriously violates the obligations stipulated in this contract, resulting in the inability of the contract to perform or perform unnecessary, it shall be deemed that the defaulting party terminates the contract unilaterally, and the observant party has the right to claim compensation from the defaulting party, and Have the right to terminate this contract.
Eight, limitation of liability
1. Party A needs to interrupt the service for a short period of time during server configuration and maintenance, or the access speed of Party B is degraded due to the obstruction of the path on the Internet. Party B agrees that it is normal and does not belong to Party A's default. In view of the particularity of computers and the Internet, due to incidents caused by hackers, viruses, hardware, and telecommunications sector adjustments, Party B also agrees that Party A is not in default.
2. In the performance of this contract, Party A shall not be liable for any losses caused to Party B or other third parties due to the fault or delay of the third party.
3. Party A is not responsible for the loss of third parties who indirectly accept Party A's services through Party B.
Nine, force majeure
1. In the event that any party encounters an objective event that cannot be foreseen, cannot be avoided or cannot be overcome and fails to perform this contract in whole or in part, or delays the performance of this contract, the event shall be notified to the other party in writing within five days from the date of the event of force majeure. And within 20 days from the date of the incident, submit to the other party a certificate that causes all or part of it to be unfulfilled or delayed.
2. The party subject to force majeure shall take all necessary measures to reduce the loss and negotiate to resume the performance of this contract after the event has been eliminated, unless such performance is impossible or unnecessary.
X. Confidentiality obligations
Either party has the obligation to keep confidential the other party's trade secrets or other technical and business information that is known in any way during the performance of this contract, and is obliged to notify the other party as soon as possible and assist the other party to take appropriate remedial measures, not to any other If the third party discloses or divulges, but the current Chinese laws and regulations provide otherwise or the written consent of the other party, the contract will automatically extend for one year. If Party B fails to pay the renewal amount on time, the validity of the previous payment of Party B will be valid. Upon completion, this contract will be terminated. Party A will close the account of Party B at that time. ?
XI, contact
Party A and Party B shall appoint a special person to coordinate, send and receive letters, invoices and other materials and spare parts exchanged between the two parties, and be responsible for in writing to notify Party A to change the agreed projects, etc.; Party B shall designate a person to be responsible for servers and other networks. Installation and commissioning of the equipment. Party B shall promptly notify Party A to change the contact person.
Party A contact: ______________? Party B contact: ______________
Phone: ______________ Phone: ______________
Mobile: ______________ Mobile: ______________????
E-mail: ______________ E-mail: ______________
Party A contact: ______________ Party B contact: _____________
Phone: ______________ Phone: ________________________?
Mobile: ______________ Mobile: ______________???
E-mail: ______________ E-mail: _____________________?
12. Applicable law
The conclusion, validity, interpretation, performance and settlement of disputes of this Agreement are governed by the laws of the People's Republic of China.
XIII. Supplementary provisions
1. The parties to this Agreement may enter into supplementary agreements or supplement, explain and explain the relevant issues in this Agreement in the form of subsidiary files. The Supplementary Agreement and the Subsidiary Files of this Agreement are an integral part of it and have the same legal effect as this Agreement.
2. Server attribution: The server will be entitled to the server's title after 2 years of lease. If you only rent for 1 year, you will not be entitled to this offer.
3. This Agreement is divided into two parts. The two parties shall enter into force after signing and sealing, and this Agreement shall terminate on the _______ _______ month _______ day.
Party A: ___________________
Authorized representative signature: ___________
date:___________________
Party B: ___________________
Authorized representative signature: ___________
date:___________________
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