All provisions of this contract are subject to the TOS (Terms of Service) of 502Network Hosting. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment
1. Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition 502Network shall have the right to terminate all service set forth in this Agreement
2. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that periods service. 502Network offers a 90 day money back guarantee on the initial hosting purchase. Prorated refunds are not possible. Service of Virtual Private Server, Dedicated Server, Cloud Hosting are not entitled any refund upon services were activated. Unless agreed by 502Network.
All billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card, payment issuer that, in 502Networks sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay 502Network an "Administrative Fee". Any disputes raised by client will be risk to suspension or termination of account with any prior noticed.
5. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the companys liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury
6. Limited Liability
Customer expressly agrees that use of 502Network Hosting is at Customers sole risk. Neither 502Network, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that 502Networks service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the 502Network Server service. Under no circumstances, including negligence, shall 502Network, its offices, agents or any one else involved in creating, producing or distributing 502Networks services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use 502Network services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to 502Networks records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on the 502Network service. Notwithstanding the above, Customers exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract. 502Network can not guarantee nor be held responsible for failed domain registrations or domains transfers.
7. SPAM and Unsolicited Commercial Email (UCE)
502Network takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of 502Network may not use or permit others to use our network to transact in UCE. Customers of 502Network may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of 502Networks SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, 502Network will initiate an immediate investigation (within 48 hours of notification). During the investigation, 502Network may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, 502Network may, at its sole discretion, restrict, suspend or terminate customers account. Further, 502Network reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. 502Network will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" and your account will be reviewed for possible immediate termination. A second violation immediate termination of your account. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over the 502Network network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
8. IMPORTANT NOTICE
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
9. IP Address Ownership
If 502Network assigns Customer an Internet Protocol address for Customers use, the right to use that Internet Protocol address shall belong only to 502Network, and Customer shall have no right to use that Internet Protocol address except as permitted by 502Network in its sole discretion in connection with the Services, during the term of this Agreement. 502Network shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by 502Network, and 502Network reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by RIPEs new policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.
10. Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall be used on a fair use policy base. Sites that consume very high badwidth or diskspace resources on a regular basis period will be disabled and client must look for another Web hosting provider to accommodate those high resources needs. 502Network will monitor Customers bandwidth and disk usage. 502Network shall have the right to take corrective action if Customers bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in 502Networks sole and absolute discretion. If 502Network takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Disk space is intended for normal, webhosting related use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Disk space may not be used as offsite storage (e.g. remote backups) for electronic files or for third party electronic mail or FTP hosts.
10.1 China Direct Route Fair Use Policy
The Customer understands that sites are occasionally subject to network abuse and high levels of usage of China Direct Route Resources. Any Customer who uses an inordinately high level of China Direct network resources, or high bandwidth which adversely impacts other customers' servers, may have their server temporarily suspended. 502Network shall then proceed to contact the Customer to resolve the issue. Public VPN services, P2P, streaming via China Direct Network are strictly prohibited. Xunlei, Bitorent, ServerSpeeder or other similar software are strictly prohibited. Detection of this may cause your VPS to be suspended without any prior notice.
11. System and Network Security
Users are prohibited from violating or attempting to violate the security of the 502Network Network. Violations of system or network security may result in civil or criminal liability. 502Network will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
12. Notification of Violation
502Network is under no duty to look at each customers or users activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which 502Network determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at 502Networks discretion to a temporary suspension pending a Users agreement in writing, to refrain from any further violations.
13. Suspension of Service or Cancellation
502Network wishes to emphasize that in agreeing to the 502Network Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies 502Network for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to 502Network or the bringing of any claim against 502Network by any third-party. This means that if 502Network is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against 502Network, plus all costs and attorneys fees.
15. 502Network Affiliate Program
Each 502Network customer will automatically receive an affiliate account. We will credit a 502Network affiliate account the first time a referred customer makes a payment and every time the customer renews his subscription. Violations of our Terms of Service (TOS) or Acceptable Use Policy(AUP), by the affiliate or a referred customer, can result in loss of accrued Rewards and/or removal from the program. Affiliates are not allowed to use, directly or indirectly, the search name "502Network", or any misspelling or variant thereof or any misrepresentation of 502Network intellectual property in any marketing efforts what so ever. Payments are made on the first business day of the month, via Alipay, for balances of ￥50 or more. New accounts must use different payment details from the referrer to qualify for rewards credit for the referrer. Customers also cannot refer themselves or their spouse/civil union partner. Temporary onetime promotional discounts are non-recurring and are only applied toward an accounts first payment. If a referral cancels and gets their payment refunded, any Rewards payments earned from that customer will also be adjusted with the refund and possible charge back fees. An unproportionally large number of cancelled subscriptions can result in loss of accrued Rewards and/or removal from the program. Accounts with less than four referrals older than four months are subject to a four month hold period and 2% fee on payments. We reserve the right to change or terminate our Rewards program at our discretion.
16. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. 502Network takes no responsibility for any material input by others and not posted to the 502Network Network by 502Network. 502Network is not responsible for the content of any other websites linked to the 502Network Network; links are provided as Internet navigation tools only. 502Network disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or partys violation of this policy. Our corporate language is English and is only able to guarantee support and general communication in written English. 502Network is not responsible for any damages your business may suffer. 502Network does not make implied or written warranties for any of our services. 502Network denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by 502Network. It is absolutely forbidden to host illegal content or IRC servers on 502Network accounts. Accounts found hosting this material will be subject to immediate cancellation without refund. 502Network reserves the right to remove any content that is suspected to infringe copyrights, trademarks or otherwise harmful content at its discretion. It is not allowed to host filesharing services on our servers. Reason beeing that such sites are often used to share copyrighted material.
The company reserve the right to close, delete or ban the Subscriber's account and the account associated with the same IP address. In the case of the Subscriber fails to pay any invoice in time, manually order service but failure to make payment for multiply times.
17. Responsability for Content
You, as 502Networks customer, are solely responsible for the content stored on and served by your 502Network account.
Tuesday, April 16, 2019