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Exhibit 10.32
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
Branch
Address: No. 6 South Street Fuxinmen, Xicheng District,
Beijing
Legal Representative: Zhao Jidong
Contact: Lian 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’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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
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 applies services from Party B, relevant
services orders shall be signed between both parties.
8. Party A promise that the information and materials to Party B
are true and valid. Party A shall provide updated information to
Party B Within 10 days of hanging of Party A’s
information.
9. Party A promise that all installation, operation,
maintenance, data security and backup for software or hardware of
equipment have obtained relevant valid authorization or
license.
10. Party A shall be entitled to install, operate, maintain,
data security and backup its software or hardware of equipment, and
appoint technicians to assist Party B.
11. 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.
12. Party A shall be liable for all disputes
caused by information provided by Party A via serves placed in
Party B. Party A shall be held liable to bear all related
claims.
13. Party A have right to use the IP addresses provided by Party
B. Party A shall not assign third party to use such IP addresses
without Party B’s writing consent. Party A shall be liable to
accept Party B’s investigation for usage of IP address and
provide true and valid information to Party B. In case Party A
provide inveracious information to Party B, Party B shall cancel
relevant IP addresses.
14. 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.
15. Party and its customer shall not send emails as the
following situations:
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Ad, magazine or other material via email without
receiver’s consent;
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Email without uncertain return way, sender and
return email address;
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Emails that disobey ISP’s other security
policies or service agreement.
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Party A must terminate the above activities on
receipt users’ complaints from Party B. Party A shall be held
liable to bear Party B’s all related losses caused by the
above activities.
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 16A of power per line. Party A guarantees that the total
load will not exceed 16A in the other line when tripping occurs in
one line of power supply.
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.
"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"
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