Terms of Service
1.1 These Terms of Service constitute the agreement between ChinaCache North America ("CCNA”) and you as a user who accesses, subscribes to access or otherwise establishes a connection (“user,” “you,” or “your”) to https://portal.chinacache.com (individually and collectively, the "Site" and including any sub-domains or other related CCNA products and services), which are owned, controlled or managed by CCNA.
1.2 You must agree to abide by all of the provisions in this agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies with the provisions of this agreement. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name and password.
1.3 CCNA reserves the right, in its sole discretion, to change any or all of the provisions of this agreement at any time. CCNA will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this agreement will be deemed your acceptance of the changes.
1.4 CCNA reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
User Activities and Information on the Site
2.1 You will use the Site and any tools, features, content, material, or information found on the Site solely for lawful purposes. You will not allow any third party to access the Site through your account, upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that you make available through the Site, including, for example, postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
2.3 CCNA has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and CCNA is not responsible for any content of this material or information. However, CCNA reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, CCNA reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
2.4 CCNA reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
Rights in Site Content and the Site
3.1 All content provided by CCNA on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by CCNA. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by CCNA. Any and all trademarks appearing on the Site are the property of CCNA or their respective owners.
3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with CCNA. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of CCNA and the copyright owner. You will not make any changes to any content that you are permitted to download under this agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
Disclaimer of Warranties & Limitation of Liability
4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CCNA, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CCNA (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CCNA (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
You agree to defend, indemnify and hold harmless CCNA (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this agreement. CCNA reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
Notices Between Us
You will contact us by submitting your message via firstname.lastname@example.org. We will contact you by the e-mail address you provide to us, or by posting a notice on the Site.
CCNA may terminate this agreement and your use of the Site at any time. CCNA will have the right immediately to terminate your use of the Site in the event of any conduct by you which CCNA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this agreement.
Law Governing Performance and Disputes
This agreement, your performance under it, and any disputes arising under it will be governed exclusively by the laws of the United States of America and the State of California, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of California and the United States District Court for the Northern District of California in any and all actions, disputes, or controversies relating to this agreement.
This agreement and any posted rules on the Site established by CCNA constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either CCNA or you of any breach or default under this agreement will be deemed to be a waiver of any preceding or subsequent breach or default. This agreement will be binding upon and inure to the benefit of CCNA and its successors, trustees, and permitted assigns. CCNA may assign this agreement or any of its rights or obligations under this agreement with or without notice to you.