Exhibit
10.2
Hosting Service
Agreement
Party A: Beijing Sohu Internet Information
Service Co., Ltd.
Address: 8-15/F, Vision International Center,
No.1 Park Zhongguancun East Road, Haidian District,
Beijing
Legal Representative: Zhang Chaoyang
Contact: Zhao Jing
Tel: 62728801
Party B: China Network Communications Group
Corporation Beijing
Address: No. 6 South Street Fuxinmen, Xicheng
District, Beijing
Legal Representative: Zhao Jidong
Contact: Liu Hui
Tel: 66516470
Party C: Beijing Sohu New Era Information
Technology Co., Ltd.
Address: 8-15/F, Vision International Center,
No.1 Park Zhongguancun East Road, Haidian District,
Beijing
Legal Representative: Zhang Chaoyang
Contact: Zhao Jing
Tel: 62728801
Beijing Sohu Internet Information Service Co.,
Ltd . (hereinafter known
as Party A), China Network Communications Group Corporation
Beijing (hereinafter known as Party B), and Beijing Sohu New
Era Information Technology Co., Ltd . (hereinafter known as
Party C), after consensus among three parties regarding Party B
providing data center service for Party A, have reached agreement
as follows:
I. Party B agrees Party A to place its
information server and accessory equipments in Party B’s
mandatory communication room (hereinafter known as
“communication room”) to initiate its Internet
information service.
II. Rights and Obligations of Party A
1. Party A shall provide a duplicate copy of
Value-Added Telecommunications Services Operating License or a
related proof of filing of non-operating Internet information
service to Party B.
2. Should Party A plan to provide electronic
bulletin service, a special application or special filing shall be
submitted to the relevant authorities in accordance with the laws
and regulations of the People’s Republic of China, and shall
provide the related proofs of the special application or special
filing.
3. Party A’s information operation must
conform to the “Administrative Procedure for Internet
Information Service”, “Administrative Provision for
Internet Electronic Bulletin Service”, and other relevant
laws and regulations of the People’s Republic of China. Party
A shall not engage in any illegal operation and shall be held
liable for any legal liability induced by its information
operation.
-46-
4. The information server equipment placed by
Party A in Party B’s communication mechanical room shall meet
all the technical interface indices and terminal communication
technical standards of communication network of the People’s
Republic of China. Electronic features and communication methods
shall not affect the safety of public network.
5. Party A shall comply to the administrative
rules of mechanical room of Party B and shall assure the safety of
its information server equipment and information
content.
6. Party A shall make payment to Party B in
accordance with the amount, due date and method stipulated in this
Agreement.
7. Should Party A require Party B to provide
services, such as reset of the host computer, Party A shall provide
accurate contact telephone number to Party B for confirmation.
Should the telephone number provided by Party A be inaccurate or
notification of telephone number change be delayed leading to
failure of confirmation by Party B, Party B shall reserve the right
not to bear the obligation of providing services, such as reset of
host computer of Party A. Party A shall be held liable to bear all
related losses.
8. Within 30 days of placing server in Party
B’s mechanical room, Party A shall process the relevant
filing procedure in Beijing Computer Security Inspection
Department. The contact of Beijing Computer Security Inspection
Department is Wang Qi, and the telephone number is
65249006.
9. Party A shall be fully liable for any
incorrect operation leading to damage of Party B’s equipment.
The compensation shall be limited to the replacement cost of the
damaged equipment and hardware, excluding the relevant software,
databanks, and the similar configurations.
10. Party A promises that the exclusive line
provided by Party B shall only be used for hosting server
maintenance and data update and shall not be used for connection to
Internet.
11. Should Party A applies services from Party
B, relevant services orders shall be signed between both
parties.
III. Rights and Obligations of Party
B
1. The standard mechanical room environment
provided by Party B for placement of information server of Party A
shall include air conditioning, illumination, temperature, and
anti-static floor panels.
2. Party B shall provide dual lines of
uninterrupted power supply to Party A, and every rack shall be able
to provide total load of 13A of power per line. Party A guarantees
that the total load will not exceed 13A in the other line when
tripping occurs in one line of power supply. Otherwise, Party A
shall be liable for any consequence. The height of rack provided by
Party B to Party A shall be 60U.
3. Party B guarantees 99.9% of connection of
network system of Party A, i.e. the time of failure of connection
is less than 44 minutes (forty-four minutes) for each
month.
-47-
“Network connection” refers to the
connection between * Ethernet interface assigned to Party A by
Party B and trunk line of China 169 in Beijing region.
“Network connection failure” refers
to failure of connection or meeting to stipulated connection rate
between * Ethernet interface assigned to Party A by Party B and
trunk line of China 169 in Beijing region due to Party B’s
fault.
“Time of network connection failure”
refers to the accumulated time of connection failure, which is
reported to Party B within 24 hours of occurrence of “network
connection failure” by Party A and confirmed by Party B that
the connection failure is fault of Party B. The time is not
calculated in the “time of network connection failure”
due to the following reasons:
|
|
•
|
|
Result of
network maintenance by Party B with an advance notice to Party
A
|
|
|
•
|
|
Caused by any
circuit or equipment of Party A
|
|
|
•
|
|
Result of
application programs or installation activities of Party
A
|
|
|
•
|
|
Result of
negligence of Party A or authorized operation of Party A
|
4. Party A shall submit the information content
to the relevant competent authorities for examination to assure the
quality and healthiness of information. Should the information of
Party