HOSTING SERVICE AGREEMENTASP Hosting Agreement |
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SOHU COM INC | Beijing Sohu Internet Information Service Co., Ltd. | China Network Communications Group Corporation Beijing | Beijing Sohu New Era Information Technology Co., Ltd.. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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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.
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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.
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“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:
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