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HOSTING SERVICE AGREEMENT

ASP Hosting Agreement

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SOHU COM INC | Beijing Sohu New Era Information Technology Co., Ltd. | Beijing Communication Corporation of China Telecom

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Title: HOSTING SERVICE AGREEMENT
Date: 5/2/2005
Industry: CMPSRV     Sector: TECHNO

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Hosting Service Agreement Between Sohu Era and China Telecom

Exhibit 10.3

 

Hosting Service Agreement

 

Party A : Beijing Sohu New Era Information Technology Co., Ltd.

Address: 15/F, Tower 2, Bright China Chang’an Building, 7 Jianguomen Nei Avenue, Beijing

Legal Representative: Zhang Chaoyang

 

Party B: Beijing Communication Corporation of China Telecom

Address: No. 107 Xidan North Avenue, Xicheng District, Beijing

Legal Representative: Liu Bo

 

Whereas:

 

1.

Party A desires to have Party B host its equipments, which shall be linked to the public Internet via the band width leased from Party B; and

 

2.

Party B agrees to provide to Party A server hosting and band width services.

 

Based on the principles of mutual benefits, trust in each other, paid services and joint development of both parties, Party A and Party B have reached the following agreement after friendly negotiation:

 

I. Content of Services

 

1.1

During the term of cooperation, Party B shall be responsible to provide the following service, for detailed numbers, please refer to Article 4.1:

 

(A) to provide Party A exclusive band width connecting to Internet;

 

(B) to provide Party A optical fiber, which shall be connected from Vision International center to Beijing Telecom Zhaowei IDC Vipll;

 

(C) to provide Party A 100M digital domestic electric circuits which shall be used as special temporary maintenance line; and

 

(D) to provide Party A certain numbers of chassis.

 

1.2

Party B agrees to provide services to Party A according to this Agreement. The detailed list of the equipments that are placed in the server booth shall be referred to the IDC Server Hosting Working Sheet issued by Party A to Party B.

 

II. Server Hosting

 

2.1

Party A shall move its servers into Party B’s server booth (Beijing Telecom Zhaowei IDC Server Booth). Party B shall check upon delivery according the items on the Registration Form. Both parties shall perform the hand-over and inspection according to the contents on the equipments list.

 

2.2

Server Hosting means that Party B shall host the server for Party A according to this Agreement.

 

2.3

When the server hosting is connected, both parties shall sign a confirmation letter (Confirmation Letter).

 

III. Period of Server Hosting

 

3.1

The period for server hosting shall start from October 8, 2004 and end on March 31, 2006.

 

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3.2

Upon the expiration of the server hosting period, this Agreement shall be deemed renewed for one more year, if Party A does not file a written application with Party B within 30 days before the expiration of this Agreement, which shall be deemed as Party A’s agreement on the server hosting.

 

3.3

If Party A wishes to terminate the server hosting upon the expiration of this Agreement, Party B shall disconnect Party A’s servers to public Internet. Before such disconnection, Party B shall inform Party A’s contact point with 5 days notice and keep the physical line connection.

 

3.4

Party A shall perform the hand-over process with Party A according to the Equipment list within 10 days upon the expiration of this Agreement and thereafter move the servers out of Party A’s server booth.

 

3.5

If Party A wishes to terminate this Agreement before its expiration, it shall provide Party B written notice with 30 day’s notice. Upon receiving Party B’s termination notice, Party A shall disconnect the servers to the Internet according to the time informed by Party A.

 

3.6

During the server hosting period of this Agreement, if Party A wishes to assign its rights and obligations to a third party, it shall be deemed as early termination of the agreement and therefore 30 day’s prior written notice to Party B is required. Party B will then enter into a new agreement with such third party.

 

IV. Fees and Payment Method

 

4.1

The payment under this Agreement include lump sum payment and service fees, among them: [*]

 

4.2

Payment Method and Term

 

4.2.1

The service fees shall be calculated as of the effective date of this Agreement;

 

4.2.2

The payment shall be made according to the following methods:

 

Parry B shall send to Party A a bill for the service rendered in last month. After receiving the bill, Party A shall confirm its reasonableness and settle the bill by check no later than the 20th day of each month.

 

4.2.3

For the first month of the fees for server hosting, if Party A does not have a full month services, Party B shall calculate the actual service fees according to the actual days that Party A use such services: Service Fee = (monthly rent/numbers of the days of the Month)* Actual Days.

 

4.2.4

For the last month of the fees for server hosting, if Party A terminate the lease and it does not have a full month services, Party B shall calculate the actual service fees according to the actual days that Party A use such services: Service Fee = (monthly rent/numbers of the days of the Month)* Actual Days.

 

V. Rights and Obligations of Both Parties

 

5.1

Party A’s rights and Obligations

 

5.1.1

Party B represent that it shall not use the backup line for business operation during normal course of business. Only when there is breakdown with the main line, which could not be properly connected, Party A will use the backup lines. During normal business operation, Party A shall not use the band width that are more than agree. If within each month, the volume of the band width exceeds the agreed volume in most of the days (25% of that month), Party A agree to negotiate with Party A separately regarding the exceeds service fees.

 

5.1.2

Party A shall provide proofs of qualification for provision of Internet information Services and evidence that Party A is allowed to publish information on Website (attachment I).

 

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5.1.3

Party A, as publisher of information on Internet, shall abide by applicable laws and regulations related to Internet Information Service Provision and shall not engage in any illegal activities. Party A shall make contents published and provided on its website consistent with relevant laws and regulation and social ethics.

 

5.1.4

Party A shall be entitled to manage its servers via remote access tools such as FTP, Telnet, PCAnywhere, SSH and etc.

 

5.1.5

During the leasing period, Party A could come to Party B’s server booth by using the Maintenance Certification to adjust and maintain its servers. But Party A shall observe Party B’s regulations and provisions.

 

5.1.6

Party A shall make payment to Party B according to this Agreement. *

 

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