Fan Wen Daquan > Contract Model > Lease Contract Model

Server lease contract


Party A: Legal representative:

Address: Postal code:

telephone / fax:

Contact: Email:

website:

Party B: Legal representative:

Address: Postal code:

telephone / fax:

Contact: Email:

website:

The first contract project and definition

1-1 Server lease refers to placing all servers belonging to Party B in the network environment of Party B to provide information services for users on the Internet. Party B is responsible for the hardware configuration of the server. Party A has the right to use this server, and is responsible for software installation, upgrade, server management and troubleshooting, and purchase related software usage rights.

1-2 Unless otherwise stated, the server leases referred to in this contract are collectively referred to as the “server”.

1-3 “Parties” in this contract refer only to the parties to this contract, namely Party A and Party B above.

Article 2 Rights and Obligations of Both Parties

2-1 Party A's rights and obligations

2-1-1 Party A uses the server to conduct information services based on www. At the same time, it can configure and use the internet function and database such as email, ftp, telnet, etc., and install the software required by Party A. The configuration, bandwidth and other network resource standards used by Party A's server are detailed in the attached file of this contract. Party A enjoys the services provided by Party B within the scope of the standard. If Party A's server occupies resources exceeding these resource standards, Party B has The right to suspend the network access service provided by Party A and require Party A to pay the resource occupation fee. If Party A does not pay the resource occupation fee, Party A shall be deemed to have automatically terminated this contract, and the payment has not been refunded; Party B has the right. According to the changes in the telecommunications market, these network resource standards are changed at any time. Once Party B changes these standards, it will post a change announcement on the website www.letuo.com. If Party A does not agree to the change, it can request in advance within 15 days after the announcement. If this contract is terminated, Party A shall accept Party A to accept the change if it continues to accept the service.

2-1-2 Party A must abide by the "Administrative Measures for the Protection of International Network Security of Computer Information Network", "Interim Provisions on the Management of the International Network of Computer Information Network of the People's Republic of China", "Regulations on the Security Protection of Computer Information Systems of the People's Republic of China" Telecommunications Regulations, "National People's Congress Standing Committee Decision on Maintaining Internet Security", "Internet Information Service Management Measures", "Internet Cyber ​​Announcement Service Management Regulations", "Internet Stations Posting News Service Management Interim Regulations, "Internet and other information network communication audio-visual program management measures", "internet network culture management provisional regulations" and other relevant national laws, regulations, administrative regulations, may not make, copy, publish, disseminate any laws and regulations prohibited Harmful information. Party A shall bear full responsibility for any political liability arising from the violation of the above-mentioned regulations and the economic losses caused to Party B.

2-1-3 Party A must keep the access log records of its website in accordance with the Regulations on the Administration of Internet Information Services and the Regulations on the Administration of Internet Electronic Announcement Services, including the published information content and its release time, and the Internet. The network address, domain name, etc., must be provided when the relevant state authorities inquire about it. Party A shall bear all responsibility for its failure to keep relevant records as required.

2-1-4 For server rental, Party A shall bear the cost of transportation of the server.

2-1-5 Party A promises not to use the server to engage in activities on the internet that are prohibited or unwelcome for national laws and regulations or public ethics, and promises not to publish the above-mentioned non-compliance with national regulations and/or this contract. The content of the information provides any convenience, including but not limited to url, banner links, and the like. Party A acknowledges that Party B has the right to determine whether the content published by Party A constitutes a breach of the contract or the relevant provisions of the State in accordance with Party B's own discretion. The above activities and information include but are not limited to:

2-1-5-1 Distributing email advertisements, spam: Using the server to distribute a large number of unwelcome or unsolicited emails, electronic advertisements or emails containing harmful information such as reactionary and pornographic information; Popular or unsolicited emails, electronic advertisements, etc. advertise, introduce or solicit business for websites placed on the server.

2-1-5-2 Information concerning state secrets and/or security; feudal superstitions and/or obscenity, pornography, indecent information, and information on abetment; gambling prizes, gambling games; information that violates national ethnic and religious policies Information that prevents the Internet from operating safely; information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, social order, and public morals.

2-1-6 Party A is fully responsible for any economic, political, legal and other liabilities arising from the use of the server.

2-1-7 Party A is responsible for Party A's own data stored on the server, as well as the integrity and confidentiality of the password and password for accessing and managing the server. Party A shall bear all losses and consequences caused by the loss or leakage of the above data, passwords, passwords, etc. due to improper maintenance or improper confidentiality of Party A.

2-1-8 Party A shall submit to Party B the contact person, information security person in charge and all personnel and contact information for the management of Party A's network, equipment and server, and when the above information changes. Notify Party B in time.

2-1-9 Party A shall pay Party B the fees stipulated in this contract on time.

2-2 Party B's rights and obligations

2-2-1 Provide a high-speed data connection for Party A's information server to access the internet in accordance with the provisions of the sub-file of this contract. And assist Party A to carry out equipment installation, network commissioning, domain name setting.

2-2-2 Perform routine maintenance and monitoring of the server to ensure the normal operation of the information server of Party A. These routine maintenance does not include the backup of the data on the server. The data backup is the responsibility of the user.

2-2-3 Provide Party A with a standard equipment room environment for information server, including: air conditioning, lighting, uninterruptible power supply, anti-static floor, etc.

2-2-4 Retained because Party A violated this contract 2-1-2, 2-1-3, 2-1-4, 2-1-5, 2-1-6, 2-1-7, 2- The right to terminate the server operation, such as 1-9.

2-2-5 Unless otherwise agreed in writing by both parties, Party B acknowledges that Party B's intellectual property rights in any materials, software, data, etc. stored on the server are not related to Party B, and Party B has no right to copy, distribute, transfer, license or provide Others use these resources, otherwise they should bear the corresponding responsibilities.

2-2-6 Charge the relevant fees in accordance with this contract.

2-2-7 Due to Party B's reasons, the normal operation of the server is interrupted. Party B shall compensate Party A with the monthly fee based on the monthly fee and twice the average hourly fee. However, the monthly fee for the month is the maximum limit for the interruption of compensation.

2-2-8 Party A has the right to request Party A to pay the corresponding service fee if Party A installs the software by itself or if the system configuration fails to make the system unusable and Party B needs to recover it.

2-2-9 Eliminate the failure of non-Party A human operation. However, except for the occurrence of Article 8 and matters within the control scope of Party B.

Article 3 Service Content, Fees and Payment Methods

3-1 The detailed service content of this contract is described by the attached file.

3-2 The fees involved in this contract are paid quarterly, and the amount involved is always in RMB.

3-3 The total cost of the contract.

3-4 Party A shall pay Party B the total amount of the first fee before the 200th day of the month. In the future, the monthly payment will be paid 4 times.

3-5 Party B will open the server for Party A on the day of the 200th.

3-6 When the contract expires, the ownership of the server is owned by Party A. If Party A has not paid 4 times in total, it is not entitled to the server property rights.

Article 4 Term of the contract

4-1 This contract is effective as of the date specified at the end of this document. The contract is valid for a period of two months, that is, the period for Party B to provide services for Party A is from 200 months to 200 days. When the contract expires, if both parties need to continue cooperation, Party A shall cooperate with Party B to discuss server hosting matters 15 working days in advance.

4-2 If Party A requires Party B's other services during or after the contract, the parties will sign a separate contract.

4-3 After the signing of this contract, the contract may be changed by mutual agreement, but it shall be confirmed in writing.

Article 5: Responsibility for termination, termination and breach of contract

5-1 This Agreement shall terminate in the following circumstances and the Terminating Party shall notify the other party in writing:

5-1-1 The subject qualification of one party disappears, such as bankruptcy. However, reorganization, name change, or merger with a third party are not included here.

5-1-2 One party is in serious breach of this contract, and the other party terminates this contract in accordance with the terms of this contract.

5-1-3 The contract is terminated due to force majeure or the parties cancel the contract by consensus.

5-1-4 Termination in accordance with the circumstances stipulated by laws and regulations.

5-2 Within the validity period of this contract, if Party A requests termination, Party B shall notify Party B one month in advance, but the fees paid by Party A shall not be required to be returned. If Party A arbitrarily terminates this contract and causes damage to Party B, it shall bear corresponding responsibility.

5-3 After the expiration of this contract, if Party A fails to pay the renewal amount on time, the parties agree that the execution of this contract is terminated. Party B will close the server at that time.

5-4 During the execution of the contract, if Party A delays payment for more than 3 working days, Party B can close the server.

5-5 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 against the defaulting party. In addition, and have the right to terminate this contract.

Article 6 Limitation of Liability

6-1 Party B needs to interrupt the service for a short period of time during server configuration and maintenance, or the access speed of Party A is degraded or interrupted due to the obstruction of the path on the internet. Party A agrees that it is normal and does not belong to Party B's default. In view of the particularity of computers and the Internet, due to incidents caused by hackers, viruses, and technical adjustments in the telecommunications sector, Party A also agrees that Party B is not in default.

6-2 In the performance of this contract, Party B shall not be liable for any losses caused to Party A or other third parties due to the fault or delay of the third party.

6-3 Party B shall not be liable for the loss of a third party who indirectly accepts Party B's services through Party A.

6-4 If Party A suffers losses due to Party B's fault, Party B's maximum compensation limit shall not exceed the total amount Party A has paid to Party B.

Article 7 Dispute Resolution

7-1 Due to the performance of this contract or all disputes related to this contract, the parties shall resolve it through friendly negotiation.

7-2 If the negotiation fails, the parties agree to sue to the people's court of the place where the contract is signed.

Article 8 Force Majeure

8-1 If any party 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 from the date of the event. Within 20 days, submit to the other party a certificate that causes all or part of it to be unfulfilled or delayed.

8-2 The term “force majeure” as used in this Article means an objective event that cannot be foreseen, cannot be avoided or cannot be overcome, including but not limited to natural disasters such as floods, fires, explosions, lightning, earthquakes and storms, and social events such as war, turmoil, Government regulation, sudden changes in state policies, and strikes.

Article 9 Interpretation of the contract, application of the law, conditions for entry into force and other

9-1 The conclusion, validity, interpretation, performance and settlement of disputes of this contract shall be governed by the laws and regulations of the People's Republic of China, the regulations of the telecommunications administration department and the norms of the computer industry.

9-2 If any provision of this contract is determined to be invalid or unenforceable under applicable applicable law, all other terms of this contract will continue to be valid. In such a case, the parties will replace the agreement with a valid agreement, and the effective agreement shall be as close as possible to the original agreement and the corresponding spirit and purpose of the contract.

9-3 During the term of this contract, Party A agrees that Party B may transfer its rights and/or obligations in this contract to the corresponding Party B due to Party B's listing, acquisition, merger with third parties, name change, etc. The bearer of the obligation, but Party B shall ensure that Party A's rights in this contract will not be adversely affected as a result.

9-4 Party A and Party B shall perform this contract in good faith. If either party uses fraud, coercion or violence in its performance, the other party may terminate this contract and have the right to demand compensation from the other party.

9-5 If the relevant clauses or agreements of this contract are inconsistent or inconsistent with the relevant terms previously signed by the parties or the relevant statements of Party B, this contract shall prevail.

9-6 Without the agreement of both parties, the rights and obligations under this contract may not be transferred or licensed to a third party unless the party reorganizes, merges or changes the name, but shall notify the other party.

9-7 The original of this contract is in duplicate, and each party has one copy and has the same legal effect. Effective from the date of signing. person A person B:

Signature of authorized representative: Signature of authorized representative:

Signing Date: Signing Date: Subsidiary File Number: Please complete the following contents carefully, completely and accurately:

A-1 Party A uses Party B's server rental service.

A-2 Party A uses the unit space of Party B's standard rack to place Party A's server station information server and its attached equipment.

Access mode and speed: _____mb shares Ethernet access.

A-3 The full name of the server is: The ip address is: .

A-4 The server's network resource standard is: bandwidth: _____mb, maximum traffic: _____mb.

A-5 Contact designated by Party A:

┌───┬────┬──────┬──────┬───────┬────────────┐

│ │ Name │ Phone │ Phone │ email │ ID number │

├───┼────┼──────┼──────┼───────┼────────────┤

│ Business │ │ │ │ │ │ │

├───┼────┼──────┼──────┼───────┼────────────┤

│ Technology │ │ │ │ │ │ │

├───┼────┼──────┼──────┼───────┼────────────┤

│ Finance │ │ │ │ │ │ │

└───┴────┴──────┴──────┴───────┴────────────┘

A-6 Contact designated by Party B:

┌───┬────┬──────┬──────┬───────┬────────────┐

│ │ Name │ Phone │ Phone │ e-mail │ ID number │

├───┼────┼──────┼──────┼───────┼────────────┤

│ Business │ │ │ │ │ │ │

├───┼────┼──────┼──────┼───────┼────────────┤

│ Technology │ │ │ │ │ │ │

├───┼────┼──────┼──────┼───────┼────────────┤

│ Finance │ │ │ │ │ │ │

└───┴────┴──────┴──────┴───────┴────────────┘

A-7 Hosted by server, please fill in the form below.

┌────────┬───────────────────────────────┐

│ server brand, │ │

│Model, │cpu: │

│Hardware configuration, │Memory: │

│Operating system, │ hard disk: │

│Main Software │ │

├────────┼───────────────────────────────┤

│External size│ │

└────────┴───────────────────────────────┘

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