The lessee of this service (hereinafter referred to as the User) is applying to rent services from NCSE NETWORK LTD (hereinafter referred to as the Company). Both parties have agreed to establish this contract (hereinafter referred to as the Terms or this Agreement) as follows, for the purpose of mutual compliance:
Introduction and Acceptance of Terms
Welcome to the cloud services offered by NCSE NETWORK LTD! Before using our services, please take some time to read and understand this agreement. These terms establish the legal relationship between you and the Company, including the rules and responsibilities you must comply with when using our services.
Please note that by clicking "Accept" or by starting to use the Company's services, you agree to comply with and accept all the conditions and obligations of this agreement. If you do not agree to these terms, please immediately stop using our services.
Our service terms may be updated periodically, and we will notify you of any updates by posting them on our website. You should regularly check for the latest version of the terms. Continued use of our services will be deemed as your acceptance and agreement to the updated terms.
Definitions and Glossary
"We," "our," "the Company": Refers to NCSE NETWORK LTD.
"Service": Refers to the cloud services provided by the Company, including but not limited to VPS cloud hosting, cloud gaming servers, and cloud physical servers.
"User," "customer": Refers to individuals or entities who register, access, or use the Company's services.
"Account": Refers to the account registered by the user with the Company for accessing and managing our services.
"Content": Refers to any text, images, music, videos, documents, or other media uploaded, posted, transmitted, or displayed by the user through the Company's services.
"Intellectual Property": Refers to rights or licenses, including but not limited to patents, trademarks, copyrights, trade secrets, and other intellectual property rights.
"Prohibited Activities": Refers to activities explicitly prohibited for users when using the Company's services, including but not limited to intentional actions or behaviors that invade other systems on the Internet, disrupt various services on the Internet, cause obstacles to the Company's systems in any way on the Internet, or engage in behaviors that violate public order, good morals, and the laws of the Republic of China.
"Interruption": Refers to the temporary unavailability or inability to access or use the Company's services due to technical malfunctions, maintenance, upgrades, or other reasons.
"Term": Refers to the period during which the user registers and uses the Company's services.
"Termination": Refers to the termination of the user's account or the Company's services by either the Company or the user, based on the conditions stated in these terms.
- Service Overview Our company offers globally leading cloud services aimed at helping clients achieve digital transformation and business growth.
Our services provide the following features and capabilities:
Efficient Data Storage and Management: We offer secure and reliable cloud storage solutions that allow clients to easily store, access, and manage their data and files. Flexible Computing Power: Our cloud services provide robust computing capabilities, supporting clients in running applications, virtual machines, and containers in the cloud environment. Scalability: Clients can adjust resource quotas as needed, easily scaling up or down their usage of cloud resources to adapt to changing business needs. Security and Privacy Protection: We are committed to safeguarding the security and privacy of client data, employing multiple layers of security measures, including but not limited to data encryption, authentication, and access control.
Usage Restrictions: Please note that our services are intended for lawful and compliant purposes. You agree not to use our services for any illegal, rights-infringing, abusive, or harmful activities. We reserve the right to suspend or terminate your account or restrict your access to the service if you violate these usage restrictions.
Service Changes and Upgrades: We continuously strive to improve and upgrade our services. Therefore, we reserve the right to make changes, updates, or enhancements to the service without prior notice. We will make reasonable efforts to provide you with notifications and explanations regarding any changes.
Technical Support: We offer technical support to assist in resolving any issues or difficulties encountered while using our services. Clients can contact us through official channels, and our team will be dedicated to providing support.
Registration Requirements: Users are required to register an account on our service or website and provide necessary personal or organizational information. Users should ensure that the provided information is true, accurate, and complete. If there are any changes to the user's information, it should be updated immediately.
Account Security: Users are responsible for protecting the security of their accounts. Users should choose a strong password and not share their account access information with others. Users should regularly change their passwords to ensure the security of their accounts. If users notice any unauthorized account activity, they should immediately notify our customer support team.
Account Usage Restrictions: User accounts are for the sole use of the registered user or their organization. Users are not allowed to authorize third parties to access their accounts or transfer their accounts in any other way. Users are responsible for all activities and content under their accounts.
Account Termination: We reserve the right to terminate or suspend user accounts at our discretion if the user violates any provisions of our service terms or is suspected of engaging in illegal or abusive activities. We will make reasonable efforts to notify users of account termination or suspension, unless it is deemed urgent or required by law.
Account Associations: User accounts and related data may be associated with other services or products. Users agree to allow us to share relevant information when necessary to achieve interoperability between the relevant services.
User Code of Conduct
Lawful Use: Users are required to comply with all applicable laws, regulations, and legal requirements, and should only use our services for lawful purposes. Users must not engage in any illegal, rights-infringing, abusive, or harmful activities.
Prohibited Activities: Users are explicitly prohibited from engaging in the following activities, including but not limited to:
Posting, transmitting, distributing, storing, or creating any illegal, obscene, defamatory, threatening, harassing, privacy-invading, infringing, or otherwise harmful content. Unauthorized access, interference, disruption, or manipulation of service systems, networks, or related technologies. Unauthorized data collection, monitoring, theft, or disclosure. Attempting to bypass security measures or crack any encryption. Engaging in malicious activities such as malware, viruses, botnets, or other malicious behaviors. Interfering with others' user experience, including flood attacks, spam, or other forms of unsolicited information. Intellectual Property Rights: Users acknowledge and agree that they shall not infringe upon any third-party intellectual property rights, including but not limited to copyrights, trademarks, and patents, while using our services unless explicit permission has been obtained from the relevant rights holders.
Reasonable Use: Users should use our services in a reasonable manner, avoiding excessive load on the service or disruption to other users' experiences. Users must not circumvent usage restrictions or compromise the stability of the service through any means.
In the event of a user's violation of the above code of conduct, we reserve the right to terminate or suspend the user's account. We also reserve the right to take further legal action or notify appropriate law enforcement agencies to protect our legal rights and the rights of other users.
Service Fees and Payment
Service Fees: Users are required to pay relevant fees for using our services. The specific details and structure of the fees can be found on our website or related documents. We reserve the right to adjust the service fees at any time, but we will provide advance notice to users whenever possible for any fee adjustments.
Payment Terms: Users are responsible for paying the corresponding fees based on the selected service plan and usage. Payments can be made through the designated payment methods, such as credit cards, electronic payments, etc. Users agree to provide accurate and valid payment information and are responsible for timely payment of all applicable fees.
Auto-Renewal: Certain service plans may have an auto-renewal feature. Users agree that we have the right to automatically renew the service and charge the corresponding fees within a certain period before the service term expires. Users can cancel the auto-renewal in their account settings or contact our customer support team to cancel the renewal.
Overdue Payments: If a user fails to make timely payment of the fees, we reserve the right to suspend or terminate the user's account or restrict access to the service. Users understand and agree that overdue payments may result in service interruption, data loss, or other adverse consequences, and agree to assume the associated risks and liabilities.
Taxes and Additional Fees: Unless otherwise stated, the service fees do not include any taxes, government charges, or other additional fees. Users are responsible for paying any applicable taxes and additional fees in accordance with relevant laws and regulations.
Ownership and Intellectual Property Rights
Service Ownership: Users acknowledge and agree that our company and its affiliates own the rights to our service, including but not limited to software, applications, websites, databases, and related content. Users are granted only the right to use the service and are not allowed to transfer, resell, or redistribute it in any way.
User-generated Content: Users retain ownership of the content they create while using the service, including but not limited to text, images, music, videos, and other media. Users grant our company and its affiliates a non-exclusive license, within a reasonable scope, to use, store, transmit, and display their user-generated content for the purpose of providing and improving the service.
Intellectual Property Rights Protection: Users acknowledge and agree that all intellectual property rights in the service, including but not limited to trademarks, trade names, copyrights, patents, and trade secrets, belong to you or the respective rights holders. Users may not infringe upon, violate, or use these intellectual property rights in any manner unless expressly authorized by the rights holders.
Infringement Complaints: If users believe their intellectual property rights have been infringed, they can submit an infringement complaint through our designated mechanism. We will process complaints in accordance with applicable laws and procedures and take appropriate actions within a reasonable scope.
Content Review and Removal: We reserve the right to review, monitor, and remove user-generated content within a reasonable scope if it violates these terms, applicable laws and regulations, or poses a threat to the security or operation of the service.
Service Changes and Termination
Service Changes: We reserve the right to make changes, updates, or improvements to the service when necessary. This may include adding, modifying, or removing certain features or services, either partially or in their entirety. We will make reasonable efforts to provide advance notice to users of any changes, unless the changes need to be implemented immediately due to security, legal requirements, or emergency situations.
Service Termination: Users may terminate their use of our service at any time, using the designated method provided by us. We reserve the right to terminate or suspend users' accounts or access to the service in the event of a violation of the terms or improper use. We may also terminate or suspend access to any user accounts or services based on our own judgment.
Data Retention: After service termination, we may retain users' data for a certain period in compliance with applicable laws, regulations, and our data protection policy. Users should understand and agree that we may not be able to recover or provide data stored in the service after its termination.
Limitation of Liability: We disclaim any liability for any losses or damages that may result from service changes, termination, or data retention. Users are responsible for backing up and preserving their data prior to the termination of the service.
Data Collection: We may collect and process personal information provided by users, including but not limited to names, email addresses, contact details, account information, and other relevant information. We only collect necessary data to provide and improve our services.
Data Usage: We will use users' personal information to provide services, process payments, communicate with users, resolve issues, and improve our services. We will not sell, rent, or exchange users' personal information with third parties unless we have obtained users' consent or as required by applicable laws and regulations.
Data Security: We will implement reasonable technical and organizational measures to protect users' personal information from loss, misuse, unauthorized access, or disclosure. However, users should understand and agree that data security cannot be guaranteed due to the nature of the internet.
Third-Party Services: We may use third-party service providers to assist in providing and supporting our services. These service providers may have access to users' personal information but only to fulfill their respective service responsibilities. We will enter into appropriate contracts with these service providers to ensure compliance with privacy and data protection requirements.
Data Transfers: For the purpose of providing services, users' personal information may be transferred to other countries or regions where privacy laws may differ from the user's location. When conducting cross-border data transfers, we will take appropriate measures to protect users' personal information.
Disclaimer and Limitation of Liability
Disclaimer: Users expressly agree to use our services at their own risk. Our services are provided "as is" without any express or implied warranties or guarantees, including but not limited to the fitness for a particular purpose, reliability, accuracy, or error-free nature of the service.
User Responsibility: Users are responsible for the risks and liabilities associated with the use of the service. Users should ensure the legality of their use of the service and comply with all applicable laws, regulations, and terms. Users are responsible for safeguarding the security and confidentiality of their accounts and for all activities carried out under their accounts.
Service Interruptions: Service interruptions, delays, or failures may occur due to technical glitches, network connectivity issues, or other uncontrollable factors. We are not responsible for any losses, damages, or inconvenience caused by such occurrences and disclaim any liability to users or third parties.
Limitation of Liability: In no event, whether in contract, tort, or otherwise, shall we or our affiliates be liable to users for any special, indirect, consequential, punitive, or incidental damages or losses. Our total liability shall be limited to the actual fees paid by the user, to the extent permitted by applicable law.
Indemnification: We shall not be liable to users or third parties for any direct or indirect losses, damages, claims, or expenses arising from the use or inability to use our services. This includes, but is not limited to, loss of profits, loss of reputation, loss of data, or other intangible losses.
Negotiation and Settlement: Any disputes between the user and us should, as far as possible, be resolved through amicable negotiations. We encourage users to contact us in the event of a dispute to facilitate a prompt and fair resolution.
Arbitration: If a dispute cannot be resolved through negotiation, both parties agree to submit the dispute to an independent arbitration body. The arbitration will be conducted in accordance with the chosen arbitration rules and in compliance with relevant laws and regulations. The decision of the arbitration will be final and binding, and both parties agree to abide by the arbitration award.
Jurisdiction: In the event of litigation arising from these contractual terms, if the disputed amount exceeds the threshold specified in civil litigation regulations, both parties agree to the jurisdiction of the Taichung District Court in Taiwan as the court of first instance.
Disclaimer: Regardless of the outcome of arbitration, we disclaim any responsibility for any losses, damages, expenses, or liabilities incurred as a result of using our services. Users are responsible for the risks and liabilities associated with the use of the service.