Chinanetspeed Terms of Service
The following terms and conditions (the “Terms”) govern your use of the network acceleration services (the “Service”) provided by Chinanetspeed (“Chinanetspeed”). and their associated website domains (the “Site”). These Terms also govern the use of and access to Chinanetspeed’s content (the “Content”), which includes the Chinanetspeed website (the “Site”), applications (the “Apps”), and any software provided by Chinanetspeed (the “Software”).
By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent (“you”) to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and Chinanetspeed. If you do not agree with any part of the Terms, you may not use our Services.
By creating an account for using our Services, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.
Chinanetspeed may update the Terms from time to time without notice. If you continue to use Chinanetspeed’s Services, Content, Site, Apps, or Software after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on any core changes to the Terms will be provided to subscribers through an email message or update to the Site. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.
We are committed to your privacy and do not collect or log traffic data or browsing activity from individual users connected to our Service.
When you register on the Site you will be asked to provide certain personal information, including your billing and e-mail address and payment information. We will store this information, but will not share it with any third parties except as necessary to provide the features of the Service. For example, we may store your personal information on a third party server or we may use a third party analytics tool to understand how our Service is being used by customers. We will use your contact details to send you notifications about the Service and to respond to customer support requests. You may access and change your personal information by logging in to the Site.
In addition, we may collect the following information: dates (not times) when connected to our service and the total amount of data transferred per day. We store this to be able to deliver the best possible network experience to you. We analyze this information generically and keep the data secure.
Our software may send diagnostic data to a third party analytics provider for the purpose of identifying connection errors and possible bugs in our application. The information collected is generic in nature and does not contain personally identifying information.
We use third party cookies, pixels and website analytics tools to track sales promotions or advertisements and to understand which pages on the Site receive visitors.
Chinanetspeed Services are available to you upon registration on the Site. By subscribing to the Services, you agree to become a subscriber (“Subscriber”) for the period you have elected. A full list of subscription plans and pricing is available on the Site. Chinanetspeed reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal.
5. INTELLECTUAL PROPERTY RIGHTS
You may use the Chinanetspeed Products and Services to evaluate them. Chinanetspeed retains title, ownership and all rights to any Chinanetspeed Products and Services and anything else that Chinanetspeed makes available to You. You may not use Chinanetspeed Products and Services in a production environment. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Services in any way not expressly authorized by Chinanetspeed is strictly prohibited.
Chinanetspeed shall own all rights to anything You choose to submit under this agreement. If that isn’t possible, then You agree to do whichever of the following that Chinanetspeed asks You to do: transfer all of Your rights regarding Your submissions to Chinanetspeed, give Chinanetspeed an exclusive, irrevocable, worldwide, royalty-free license to Your submissions to Chinanetspeed, or grant Chinanetspeed any other reasonable rights. You will transfer Your submissions to Chinanetspeed, and sign documents and provide support as requested by Chinanetspeed, and You appoint Chinanetspeed to act on Your behalf to secure these rights from You. You waive any moral rights You have and agree not to exercise them, unless You notify Chinanetspeed and follow Chinanetspeed’s instructions.
Any information that Chinanetspeed provides under this agreement, as well as Your feedback and other submissions, are Chinanetspeed's confidential information. As an exception, information that You rightfully knew before receiving it from Chinanetspeed, is public information, or information that was lawfully disclosed to You is not confidential information under this agreement. You must immediately tell Chinanetspeed if You are legally required to disclose confidential information.
You must keep all of Chinanetspeed’s confidential information secret and use it only to evaluate Chinanetspeed Products and Services. Any information that Chinanetspeed provides under this agreement, as well as Your feedback and other submissions, are Chinanetspeed’s confidential information. As an exception, information that You rightfully knew before receiving it from Chinanetspeed, is public information, or information that was lawfully disclosed to You is not confidential information under this agreement. You must immediately tell Chinanetspeed if You are legally required to disclose confidential information.
By purchasing a subscription, you agree to become a subscriber for the duration of the bandwidth consumed (such as 50GB or unlimited fair usage) for the time period specified. All purchase amounts are stated in CNY. All data packages end automatically at the completion of the stated duration.
7. FAIR USAGE POLICY (FUP)
Bandwidth transfer is subject to fair usage policy. Excessive/abusive bandwidth consumption that may result in service disruption is not acceptable.
We intend to provide the best possible Internet experience to all our customers. For this, we rely on customers being fair in the way they use the Internet. Generally, this is the case; However, some small numbers of heavy or excessive users on unlimited data plans take up all the bandwidth, slowing down the network and connection that is shared for everyone else. Recent data analytics has shown that 5% of the top heavy users consumes in excess of 40% of overall ISP bandwidth. This "Fair Usage Policy" is here to provide an option that if your usage is excessive over a period of time to the point it is impacting on other users experience, then we reserve the right to ask you to reduce your broadband usage.
Under the policy, we normally define internal fair usage levels for unlimited data transfer plans. The usage levels set are very much adequate and as such, most customers will not be affected. Our system continuously monitors the data usage of each user periodically.
If Chinanetspeed determines your usage to be excessive and unfair and affecting other users experience Chinanetspeed will first send a notification via email, then throttle your Internet speed until the subscription expires. If excessive data usage continues, then, in addition to any remedy that it may have at law, we shall terminate contract to use the services and charge user any applicable cancellation fee, outstanding dues then refund.
Chinanetspeed reserves the right to change this FUP in part or in whole as and when required. The customer is solely responsible for any consequences that result due to the violation of this FUP.
8. SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate the privileges of users who commit violations of our policies and service agreements. We will determine, in our discretion, whether there has been a breach of these terms through your use of our Site or Service and suspend or terminate a user's account accordingly.
9. REFUND POLICY
You may cancel your account with a full refund within 30 days of your initial purchase (“Money Back Guarantee”). Refunds beyond the 30-day purchase window will be considered, at the sole discretion of Chinanetspeed.
Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase.
10. ACCEPTABLE USE POLICY
It is your responsibility to assess whether using the Site, Apps, Software, or Services is in compliance with local laws and regulations. Whenever you use the Site, Apps, Software, or Services, you should comply with these Terms and applicable laws, regulations, and policies.
You understand that it is your responsibility to keep your Chinanetspeed account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones.
Chinanetspeed aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, Chinanetspeed reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that Chinanetspeed may terminate your account, without providing a refund for Services already paid, if you misuse the Service.
In using our Services, you agree not to:
Send or transmit unsolicited advertisements or content (i.e., “spam") over the Service.
Send, post, or transmit over the Service any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Service.
Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
Attempt to compile, utilize, or distribute a list of IP addresses operated by Chinanetspeed in conjunction with the Service.
Use the Service for anything other than lawful purposes.
11. LANGUAGE AND TRANSLATION OF CONTENT
All of our Content was originally written in English. Any translation of our Content is done on a best-effort basis. We cannot guarantee the accuracy of translated Content. In the event of any discrepancy between the translated Content and the English Content, the English Content shall prevail.
12. THIRD-PARTY WEBSITES
We will strive to prevent interruptions to the Site and Services. However, these are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion.
Chinanetspeed service coverage, speeds, server locations, and quality may vary. Chinanetspeed will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate user accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
Chinanetspeed reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject Chinanetspeed or our customers to liability. Chinanetspeed disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
14. LIMITATIONS OF LIABILITY
Chinanetspeed shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage that you incur in the event of:
any failure or interruption of the Site or Service;
any act or omission of any Third Party involved in making the Site or Service or the data contained therein available to you;
any other cause relating to your access or use, or inability to access or use, any portion of the Site or its Content;
your interactions on the Site or Service;
your failure to comply with this Agreement;
the cost of procurement of substitute goods or services; or
unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of Chinanetspeed or of any vendor providing software, services, or support for the Site or Service.
In no event will Chinanetspeed, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless Chinanetspeed, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
16. CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of New York, excluding its rules governing conflicts of law.
All disputes arising out of or relating to this Agreement or the use of the Site or Services shall be finally settled under the Rules of Arbitration (“Rules”) of the International Centre for Dispute Resolution (ICDR) by one arbitrator (“Arbitrator”) appointed in accordance with said Rules. The arbitration shall be conducted in the state of New York, unless all parties agree otherwise by a signed written agreement.
The Arbitrator must be qualified and have a background in the area of computer networks, including but not limited to the internet.
The Arbitrator shall have the authority to permit an expedited exchange of documents, but any discovery shall be limited to document requests and interrogatories. The Arbitrator shall have no power or authority to add to or detract from this Agreement, and the costs of the arbitration shall be borne equally, except as described below.
The arbitration shall be conducted on an expedited schedule. The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120) days following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension of time or continuance.
Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
In the event that Chinanetspeed is the respondent in any such arbitration, damages awarded against Chinanetspeed may not exceed the amount you have paid Chinanetspeed for use of the Service.
The Arbitrator shall have the authority to grant any temporary, preliminary, or injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. The Arbitrator shall have no authority to award punitive damages. The resulting arbitration award may be enforced, or injunctive relief may be sought, in any court of competent jurisdiction in the state of New York. Reasonable costs (including all costs of arbitration) and attorney’s fees shall be awarded against the party that commenced the arbitration, in the event that party does not prevail in the arbitration.
The parties subject to this arbitration provision include Chinanetspeed, its officers, directors, and employees, and any company or legal entity which is a parent, subsidiary, or sister company to Chinanetspeed, or with which Chinanetspeed has contracted to provide services to Subscribers through Chinanetspeed.
18. FINAL PROVISIONS
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
We will strive to prevent interruptions to the Site and the Service. However, these are provided on an “as is” and “as available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Service will meet your requirements, or that it will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You acknowledge that you access the Site and the Service at your own discretion and risk.
We do not control, nor are we responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
Service coverage, speeds, server locations and quality may vary. Chinanetspeed will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control including but not limited to emergencies, third party service failures, transmission, equipment or network problems or limitations, interference or signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. We may impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion to protect users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
Chinanetspeed does not as a matter of ordinary practice actively monitor user sessions for inappropriate behavior, nor do we maintain direct logs of customers' Internet activities. However, Chinanetspeed reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject Chinanetspeed or its customers to liability. Chinanetspeed disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.