Service Terms and Conditions
Unclepan Inc. Service Terms and Conditions (1 December, 2020)
“Unclepan Inc. Cloud and Internet Services” (hereinafter referred to as the “Services”) refer to the provision of virtual dedicated servers and other services on this website to by Unclepan Inc. (hereinafter referred to as the “Company”) to users (hereinafter referred to as the “Users”)
In using the Services, Users are deemed to have read, understood and agreed to all the provisions below in these Service Terms and Conditions:
I. Compliance with Service Terms and Conditions and Laws
- When a User uses any service provided by the Company, including use on trial basis, it shall be deemed that the User has accepted to be bound by the service terms and conditions of the Company (hereinafter referred to as these “Terms”) and all rules of use and service terms and conditions governing other relevant services and has agreed to comply with the laws of the place where the Users is located and the laws of the Republic of China. If you breach or may breach these terms, the laws of the place where the User is located or the laws of the Republic of China, the Company has the right to terminate or suspend your use of all or part of the Services at any time.
- The Company has the right to provide additional online services through third parties in order to provide the User with a full online service proposal. When the User uses any such service, the User may also agree to accept its service terms and conditions and other regulations.
- The Company has the right to refuse any User’s application and its use of any service provided by the Company.
- If the User is a person with no legal capacity or limited legal capacity, the User’s legal representative shall be procured to read, understand and agree to all provisions of these Terms and the amendments thereof before the User is allowed to use or continue the use of the Services. When the User uses or continues to use the Services, it shall be deemed that the User’s legal representative has read, understood and agreed to accept all provisions of these Terms and the amendments thereof.
II. Responsibilities and Obligations in Use of Services
- The User must use the Services provided by the Company in a reasonable manner in accordance with the scope and purpose of the applied Services and shall not engage in any unlawful act.
- In using the Services, the User shall not interfere with any other person’s use or impact the normal operation of the relevant system. The User shall also comply with information, telecommunications, securities trading, finance, patent, trademark, patent and other applicable laws of the Republic of China and internationally, as well as other applicable legislations and online license statements by right holders. The User shall also comply with international Internet rules and practice, including but not limited to the following:
- All software, programs, files and data installed on the server must be legally authorized;
- It is prohibited to hack any online system;
- It is prohibited to sabotage any online system or service;
- It is prohibited to intercept, use or publish any resource not officially provided or licensed by the owner;
- It is prohibited to engage in any act in breach of public order, good customs or the law;
- It is prohibited to engage in any unlawful transaction or post any false or crime inducing information;
- It is prohibited to establish any website in breach of the law or publicly sell guns, narcotics, prohibited drugs, pirated software or other contraband on a website;
- It is prohibited to engage in any act of slander, intimidation or other unlawful infringement of any other person’s right;
- It is prohibited to transmit or disseminate computer virus;
- It is prohibited to provide gambling information or otherwise induce any other person to participate in gambling;
- It is prohibited to send unsolicited emails to any other person’s mailbox without consent, creating inconvenience to such person.
- If the User breaches paragraph 2 of this Article, or if the Company has due reason to believe that the User has engaged in any improper act, the Company has the right to suspend or terminate online services to the User forthwith without refunding all or part of the fees already paid by the User. The User shall be solely liable for any consequences or potential losses. The Company shall not be liable to the User or any third party. The Company reserves the ultimate right to determine whether or not the User has breached any of the above provisions.
- When the Company receives a complaint issued by its partner or any third party or government authority to the User or (and) any legal, threatening or intimidating document issued by its partner, any third party or government authority in relation to the Company or its Services due to the User’s use of the Services, the Company may, based on its own consideration, reserve the right to terminate all services to the User, close or delete all websites, information or data saved by the User with the Company. The Company shall not bear any liability.
- In relation to matter that is not stipulated in these Terms, Party B agrees to comply with telecommunications related legislations and personal information protection related legislations.
III. Service Risk Statement
- The Internet is interconnected and used through different networks. The Company does not guarantee the correctness or completeness of any information acquired online, nor does it guarantee the speed or (and) stability of data transmission between the User and the Company. If the User incurs any direct or indirect loss due to such event, the Company shall not be liable for compensation.
- The Internet is an international publicly connected system. If the system used by the User is subject to any third-party infringement through the Internet such as hacking, sabotage, virus infection or interception of data, the Company shall not be liable for compensating any direct or indirect loss.
- The Company shall not be liable for compensating any damage incurred from error, delay, interruption or transmission failure due to telecommunications breakdown or interruption. However, if the User cannot use the Services due to the Company’s reason, the Company shall follow the provisions of these Terms.
- If the User suffers any loss due to unsatisfactory quality of transmission lines leased by the User, the User shall contact its connection line service provider to perform repair. The Company shall not be responsible for the line repair or the User’s loss.
- In case of line interruption or damage due to any event of force majeure such as typhoon, earthquake, tsunami, flood, power-off, war, breakage of marine cable, the Company shall not be liable for the consequences or compensation.
- In relation to the User’s lease of the Services, the Company shall not be liable for compensating any damage other than as provided in these Terms.
- The Company may suspend or restrict the User’s use of all or part of the Services due to system capacity restrictions or as required for system maintenance.
- Before using the Services, the User agrees to accept the risks listed in this Article that must be borne for Internet services. Since these risks may be events of force majeure or it may be difficult to attribute liability, the Company does not provide any warranty for the Services. Before applying for the use of the Services, the User shall make its own consideration and bear its own risk. All risk liabilities beyond the provisions of these Terms shall be solely borne by the User.
- Other than the scope covered by these Terms, none of the suggestions or information acquired by the User from the Company (or) and the Services, including written and verbal suggestions and information, shall constitute any warranty of the Services.
IV. Nature of Service and Proposal
- The Company provides, or procures the provision by its distributor/agent and relevant partner or online service company of, virtual dedicated servers and other relevant online services specified on this website for the User’s use.
- The specific services provided by the Company is as indicated in the User’s purchase or the webpage of the Services used.
- The Services are solely provided based on the functions and status at the time of their provision. The Company and its partners reserve the right to add, reduce or change all or part of the relevant functions of the Services at any time without prior notice, including but not limited to change to the software and hardware structural requirements of the Services, manners and restrictions in the use of relevant services and changes or adjustments made in accordance with applicable laws of each territory or requirements of government authorities.
V. Service Fees
- In purchasing or using the Services, the User shall follow the purchase process flow configurated by the Services at the time, including but not limited to the terms and payment methods required at the time, to complete payment and purchase procedures.
- The User shall pay all amounts due before the payment deadlines. In case of overdue payment, the Company has the right to suspend the Services forthwith and the User shall be solely liable for the legal liabilities and losses incurred. The User shall not seek any indemnification or compensation from the Company.
- The Company has the right to change the fee schedule for the Services. Before changing the fee schedule, the Company shall give notice to the Users by email or fax. The User shall not be obliged to pay additional fee, nor shall the User seek refund of any fee paid.
- The Company may charge fees based on the relevant unit for services provided by its partners or third partis and the User shall not voice any objection.
VI. Service Suspension or Termination
- If the User unilaterally terminates the use or if the Company terminates the use due to the User’s breach of these Terms, in no circumstance shall the Company refund all or part of the fees already paid by the User.
- If the Company must suspend or terminate the operation of all or part of the Services due to change of circumstances or business requirement, it shall give notice to the User before the contemplated suspension or termination date. The User agrees to cooperate without objection. The Company may refund fees already paid but not yet used by the User.
- If any service provided through the Company’s partner or other online service company must be suspended or terminated in whole or in part due to change of circumstances or business requirement, the Company shall not bear any liability. The Company will make its best efforts to help the client seek alternative proposals to replace the relevant services. However, the User shall solely bear all costs incurred from the new services.
- If any service provided through the Company’s partner or other online service company is terminated in accordance with the applicable terms and conditions, the User shall not voice any objection.
VII. Information Provision and Notice
- In case of any change of User related information, the User shall log in and update the information previously provided in a timely manner. If any information provided by the User is false or inconsistent with the truth, the Company reserves the right to suspend or terminate all User services and shall not be liable for any loss incurred due to suspension or termination of services.
- The Company is not liable for credit verification or audit of any information provided by the User.
- The Company shall send notices to the postal or email addresses or fax numbers provided by the User upon purchase or registration on the webpage for the use of the Services. The User must ensure that the information is kept up-to-date.
- Any notice by the User to the Company shall be sent to the following:
VIII. Data Storage
- The User accepts and agrees that the Company may keep or disclose to government authorities, judicial departments or police authorities User related information in accordance with the requirements of government legislations or these Terms, including application information, contact information and all information and data saved in the User’s account.
- The Company may reproduce, save or migrate data saved by the User in the user account for the purpose of technical maintenance service, emergency response or pursuant to the client’s request.
- The User shall create its own security or backup mechanism depending on the importance of its data. The Company shall not bear any compensation liability for loss of data due to any event that is not imputable to the Company or any event of force majeure such as breakdown of hardware equipment or software or natural disaster.
- In case of loss of data that is imputable to the Company, the maximum limit of the Company’s compensation shall be the monthly service fee paid by the User.
- The User may purchase relevant insurance for their data based on their own needs to compensate or reduce potential damage.
IX. Confidentiality Obligations
- Other than required for business or by law, the Company may duly disposal of and destroy user privacy information after the Company terminates all services.
- Other than in the following circumstances, privacy information provided by Users, website information and email contents shall not be disclosed by the Company to any third party:
- Provisions of these Terms;
- The Company must provide client information to third parties in order to provide the service/product required by the client;
- The Company provides the client with products/services through cooperation with third parties.
- The User breaches the service terms and conditions of the Company;
- Pursuant to the request by judicial or government authority;
- Required for the protection of the rights, properties or personal safety of the Company, its users or the general public;
- When the Company engages in a merger, acquisition or reorganization;
- With the User’s written consent.
- Other than in the following circumstances, the User shall make its best efforts to keep confidential documents acquired from the Company, including agreements, contracts, applications, instructions, price quotations and proposals:
- Pursuant to the request by judicial or government authority;
- When the same information has been rendered public or published;
- With the Company’s written consent.
X. Limited Liability
Other than due to the Company’s intentional act or gross negligence, if the Company is liable for any damage suffered by the User due to the Services pursuant to any legislation or judgment by the authority with jurisdiction, the Company’s maximum compensation shall be limited to the total amount fees paid by the User for the Services in the year during which the damage occurred.
- The interpretation and application of these Terms are governed by the laws of the Republic of China.
- In case of any dispute between the User and the Company due to the use of the Services, the parties agree to resolve the dispute under the principle of good faith. If litigation is required, it is agreed that the Taiwan Taipei District Court shall be the first-instance court of jurisdiction.
- The Company has the right to amend these Terms at any time. The amendment shall take effect from the publication on this platform and no individual notice shall be given. The User shall not seek any indemnification or compensation.
- The User shall make its own verification about any amendment or change to third-party service terms and conditions for the services provided by the Company through third parties. The Company shall not give notice about such amendment or change to third-party service terms and conditions.