Terms of Services (ToS), LeiKwan Host (English Edition)

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Version Update Date: May 8, 2025  Applied Date: May 15, 2025.

Introduction and General Provisions

Welcome (“User”) to signing these “LeiKwan Host Terms of Service” (“this Agreement”) with the legal name of LeiKwan Host (“LeiKwan Host” or “We”) and using LeiKwan Host services (“this Service”).

[Careful Reading] Before agreeing to this Agreement, please read the entire content carefully, especially the terms highlighted in bold, underlined, or otherwise conspicuously marked. If you do not agree or cannot accurately understand, do not proceed or use this Service.

1.1 Establishment and Acceptance of the Agreement

By checking the agreement box on the LeiKwan Host platform, completing registration, purchasing, or using this Service, you indicate that you have read, understood, and accepted all content of this Agreement, and this Agreement is immediately established and effective. Your click-to-confirm actions and actual usage behavior all have legal effect.

1.2 Contracting Parties

The contracting parties to this Agreement are the User and LeiKwan Host (27A Ha Heung Road, To Kwa Wan, Kowloon, Hong Kong). Services are provided by LeiKwan Host or its affiliated companies (which will be specified at the relevant time).

1.3 Definitions

• LeiKwan Host/We: Refers to LeiKwan Host.
• User/You: Refers to natural persons, legal persons, or other organizations with full civil capacity using this Service.
• Service: Refers to cloud hosting products and related technical support provided by LeiKwan Host to Users through its platform.
• LeiKwan Host Platform: Refers to websites operated by LeiKwan Host (e.g., www.leikwanhost.com, buy.leikwanhost.com) and related systems.
• User Data: Various types of data operated by the User while using the Service.
• Personal Information: Various information related to identified or identifiable natural persons.
• Important Data: Data that may endanger national security, economic operation, social stability, etc.
• Laws and Regulations: Hong Kong laws, ordinances, and other normative documents binding on any party.
• Intellectual Property Rights: Patent rights, trademark rights, copyrights, etc.
• Force Majeure: Objective circumstances that cannot be foreseen, avoided, or overcome.
• AUP: Acceptable Use Policy, code of conduct for User’s use of the Service.

1.4 Scope and Composition of the Agreement

This Agreement includes the main text and all platform rules (such as rules, policies, notices, product documentation, etc.) that have been or will be published. Platform rules are an integral part of this Agreement and have equal legal effect. In case of conflict, the order of precedence is: written agreement/order for specific services > dedicated terms > main text of this Agreement > other general rules.

Chapter 2 Account

2.1 Registration Eligibility

Users shall be legally existing organizations or natural persons with full civil capacity. Registration on behalf of an organization requires full authorization. Minors should register and use under the guidance of a guardian. The User undertakes not to be subject to any trade restrictions or sanctions.

2.2 Account Information

Users shall provide true, accurate, complete, and valid registration information (for individuals: proof of identity, email, phone, etc.; for organizations: name, registration number, contact person, etc.) and update it in a timely manner. Liability arising from information issues shall be borne by the User.

2.3 Account Security and Responsibility

The User is fully responsible for all activities under their account credentials (account name, password, API key, etc.) and shall keep them properly. Any operation performed through account credentials is deemed to be the User’s action. Unauthorized use should be immediately reported to LeiKwan Host. LeiKwan Host is not responsible for the consequences of unauthorized use that occurred before the User’s request for action (unless caused by LeiKwan Host’s gross negligence or willful misconduct).

2.4 Account Transfer

Unless stipulated by law or with the written consent of LeiKwan Host, the User shall not transfer the account and related rights and interests.

Chapter 3 Service Content and Usage Rules

3.1 Service Description

Service refers to cloud hosting products and related services displayed on the LeiKwan Host platform and ordered by the User. Specific content is subject to the product page information, product documentation, etc., at the time of ordering. Service content and functions may be adjusted or upgraded, and LeiKwan Host will provide timely notification.

3.2 Service Activation and Configuration

Users can choose to order services; some services require initial configuration. The User is responsible for all service selection, ordering, configuration operations, and their consequences. Problems caused by improper User configuration or operational errors are the User’s responsibility.

3.3 Service Change, Suspension, and Termination

3.3.1 Service Upgrade and Maintenance

LeiKwan Host has the right to maintain and upgrade services, platforms, etc., which may cause service interruption for a reasonable period. Planned operations will be notified in advance, and LeiKwan Host is not liable for such interruptions.

3.3.2 Service Content Adjustment

LeiKwan Host reserves the right to change service content, functions, prices, etc. Changes that have a significant adverse impact on the User will be notified in advance. If the User disagrees, they may terminate the service; continued use is deemed acceptance of the changes.

3.3.3 Service Suspension or Termination Due to User Reasons

If the User seriously breaches the agreement (e.g., violates AUP, fails to pay fees, provides false information, causes security risks through actions, engages in illegal activities), or due to government requests, long-term inactive account use, etc., LeiKwan Host has the right to suspend or terminate the service without liability.

3.3.4 Service Suspension or Termination Due to Force Majeure or Reasons Not Attributable to LeiKwan Host

Due to force majeure, failures of basic telecommunication operators, large-scale network attacks, or other reasons not attributable to LeiKwan Host’s fault, LeiKwan Host may suspend or terminate the service without liability.

3.3.5 Data Processing After Service Termination

To be handled according to Article 5.7 of this Agreement.

3.4 User Obligations and Acceptable Use Policy (AUP)

Users must comply with all applicable laws and regulations (including relevant laws of Hong Kong and Mainland China) and this Agreement when using the Service. It is prohibited to use the Service to engage in or permit:

3.4.1 Acts and Content Endangering National Security and Social Public Interest

Such as violating constitutional principles, endangering national unity, inciting secession, damaging national honor, inciting ethnic hatred, promoting cults and superstitions, spreading rumors, etc.

3.4.2 Acts and Content Infringing on the Legitimate Rights and Interests of Others

Such as using any IP addresses that do not belong to users, disseminating obscene pornography, violent terrorism, insulting or slandering others, infringing on others’ privacy, intellectual property rights, trade secrets, harming the rights and interests of minors, etc.

3.4.3 Acts and Content Endangering Network and Data Security

Such as illegal intrusion, spreading viruses/Trojans, network attacks, stealing/tampering with data, providing hacking tools, violating network security classification protection, etc.

3.4.4 Acts and Content Violating Telecommunications Management and Internet Information Service Management Regulations

Such as operating telecommunications services without permission, opening websites (including SSL/TLS/Web ports), sending spam, phishing, failing to complete website 备案 (siteregistration, if applicable), providing illegal VPNs, etc.

3.4.5 Other Prohibited Acts and Content

Such as fraud, money laundering, resource abuse (e.g., mining), violating third-party agreements, publishing inappropriate content, etc.

User Responsibility for Own Acts and Content: The User independently bears full legal responsibility for their content and actions. LeiKwan Host generally does not actively review User content (except as required by law or upon request).

Cooperation with Investigations and Log Recording: Users shall record and retain logs for no less than six months as required and cooperate with investigations. Violation of the AUP constitutes a fundamental breach of contract, and LeiKwan Host has the right to take measures such as warnings, suspension/termination of services, deletion of content, reporting to authorities, etc.

Summary Table of Prohibited Content and Actions: (The content of the original table has been highly summarized in the above clauses and is omitted here to reduce length. Users should refer to the complete version for a detailed list.)

When LeiKwan Host discovers suspected User violations, it has the right to judge and take measures such as “notice-takedown.” The User bears ultimate responsibility for all content and actions under their account.

Chapter 4 Fees and Payment Terms

4.1 Billing Standards and Payment Methods

Fee standards and billing models are specified on the order page. Users shall pay in full and on time. LeiKwan Host has the right to adjust prices and will provide advance notice; continued use by the User is deemed acceptance of the new prices.

4.2 Prepaid Services

Users must pay the full service fee in advance. Renewal should be completed promptly before expiration; otherwise, the service will terminate, and data may not be preserved. Losses due to failure to renew are borne by the User.

4.2.1 Refund Policy

• Mainland China Region:

  • NAT Servers: A refund can be requested within 24 hours of purchase, provided that data usage has not exceeded 10 GB.

  • Servers with Dedicated IP: These services are non-refundable.

  • You can choose to refund to the account that used for payment. But a reduction on payment gateway fee and resonable human labour cost will be included when processing your refund.

• International Regions:

  • The refund policy for all services in the international regions is governed by the specific terms stated on the corresponding product order page.

• Refund Verification (Mainland China Region Only):

  • To process a refund for services in the Mainland China region (including SD-WAN products), the account holder’s name on the receiving payment method (e.g., PayPal, Alipay, Credit Card) must exactly match the verified real name registered with your account.

  • Any discrepancy will be treated as a fraudulent act. We reserve the right to deny the refund and report the incident to the relevant authorities in Mainland China.

4.3 Postpaid Services

Bills are issued periodically based on actual usage, and Users shall pay on time.

4.4 Overdue Payment Handling and Service Suspension

If a User’s payment is overdue, LeiKwan Host has the right to send reminders, charge late fees, and suspend/terminate services. If overdue payment persists for more than [seven days], the agreement may be terminated. Data processing after service termination is per Article 5.7. LeiKwan Host reserves the right to recover outstanding payments and expenses and may deduct from the User’s other accounts or uniformly process all of the User’s accounts.

Chapter 5 Data Policy

5.1 Ownership of User Data

The User warrants that they own or have legal authorization for their data, that it complies with laws and regulations, and does not infringe on third-party rights. Data ownership belongs to the User or the original rights holder. The User is fully responsible for the legality and compliance of their data.

5.2 LeiKwan Host’s Processing of User Data

LeiKwan Host will only process User data as necessary to perform the agreement, provide services, maintain and improve services, ensure security, and comply with legal requirements, adhering to principles of purpose limitation, personal information protection, and important data protection. Anonymized or aggregated data may be used.

5.3 Data Security Safeguards

LeiKwan Host implements industry-standard technical and organizational measures to protect User data security (e.g., encryption, firewalls, access control, backup and recovery, security audits) and complies with relevant laws and regulations. Cloud security is a shared responsibility; Users should take additional protective measures (e.g., client-side encryption, strong passwords). LeiKwan Host is not liable for incidents caused by the User’s failure to fulfill their security responsibilities.

5.4 Notification and Handling of Data Breach/Security Incidents

In the event of a data security incident, LeiKwan Host will activate its emergency response plan, investigate and control the impact, and, as required by law, promptly notify affected Users (including incident type, harm, measures taken, User recommendations, contact information) and report to regulatory authorities.

5.5 Cross-Border Data Transfer

The storage location of User data is determined by the selected data center. If it involves the cross-border transfer of data from Mainland China, the User shall be solely responsible for complying with all applicable data export laws and regulations, such as the Personal Information Protection Law and the Data Security Law. LeiKwan Host will provide necessary technical support, but the User bears ultimate responsibility.

5.6 Data Backup and Recovery

LeiKwan Host may offer backup services, but the User is ultimately responsible for the integrity, security, and recoverability of their data. Users are strongly advised to perform their own regular, independent, and comprehensive data backups. Unless otherwise agreed, LeiKwan Host is not responsible for data loss due to the User’s failure to perform adequate backups.

5.7 Data Deletion and Handling After Service Termination

After service termination, unless otherwise required by law or agreed, LeiKwan Host will set a reasonable retention period for User data (3 days for products in China Mainaland, 1 day only for Purely International Productlines). During the retention period, Users may be able to export their data. After the retention period expires, LeiKwan Host has the right to permanently delete or anonymize the data, which will then be unrecoverable. Users should back up and migrate their data before service termination.

Chapter 6 Intellectual Property Rights

6.1 LeiKwan Host’s Intellectual Property Rights

The intellectual property rights of the LeiKwan Host platform and services (software, code, trademarks, etc.) belong to LeiKwan Host or its affiliated companies. The User is granted only a non-exclusive, non-transferable license to use. The User may not copy, modify, reverse engineer, rent, sell the service, or remove rights notices.

6.2 User Content Intellectual Property Rights

The User retains intellectual property rights to their content. The User grants LeiKwan Host a worldwide, royalty-free, non-exclusive license necessary to provide, maintain, and improve the service (hosting, storing, copying, transmitting, etc.). This license terminates when the service stops or the agreement is terminated (except in specific circumstances).

6.3 Third-Party Intellectual Property Rights

The User warrants not to infringe third-party intellectual property rights and will handle related disputes themselves and indemnify LeiKwan Host for any losses. Upon receiving a valid infringement complaint, LeiKwan Host has the right to take measures such as deleting or blocking content.

Chapter 7 Best Effort Service Uptime

LeiKwan Host commits to making its “Best Effort” to ensure the normal operational uptime of the services provided. We will take commercially reasonable measures to maintain service stability. However, this commitment does not constitute any legally binding Service Level Agreement (SLA) or an absolute guarantee of uninterrupted service. If, for any reason (including but not limited to the disclaimer situations described in Chapter 10 of this Agreement), the service fails to operate as expected or experiences interruptions, LeiKwan Host shall not bear any form of indemnification or compensation liability as a result.

Chapter 8 Confidentiality Obligations

Each party shall maintain the confidentiality of non-public information (“Confidential Information”) obtained from the other party that is marked as confidential or should reasonably be considered confidential. Confidential Information includes technical information, trade secrets, the content of this Agreement, etc. The receiving party undertakes to use it only for the purpose of fulfilling this Agreement, to protect it with no less than reasonable care, to disclose it only to personnel on a “need-to-know” basis, and not to disclose it to third parties (unless prior written consent is obtained). This obligation does not apply to information that is publicly known, independently possessed, lawfully obtained from a third party, independently developed, or required to be disclosed by law. The confidentiality obligation is effective during the term of the Agreement and for [three years] after its termination (or until the information ceases to be confidential).

Chapter 9 Effectiveness, Modification, and Termination of the Agreement

9.1 Effectiveness of the Agreement

This Agreement becomes effective when the User completes registration, checks the agreement box, or actually uses the service.

9.2 Modification of the Agreement

LeiKwan Host has the right to modify the terms of this Agreement and will provide notice [five days] in advance (for major changes) or [three days] in advance (for non-major changes) via website announcements, email, etc. The revised agreement becomes effective on the date specified in the notice. Continued use by the User constitutes acceptance of the modifications; disagreement should lead to cessation of use and termination of the Agreement.

9.3 User-Initiated Termination

The User may apply to terminate their account and this Agreement at any time. Prepaid fees are generally non-refundable; postpaid fees must be settled. Users should handle their data before termination.

9.4 LeiKwan Host’s Right to Terminate/Suspend Services

If the User commits a serious breach (violates AUP, fails to pay, provides false information, actions cause significant risk, engages in illegal activities), or due to government requests, long-term inactive account use, force majeure, business strategy adjustments, etc., LeiKwan Host has the right to suspend or terminate services with prior notice (except in emergencies).

9.5 Handling After Termination

Upon termination of this Agreement, the User shall stop using the services and pay all outstanding fees. Data processing will be handled according to Article 5.7. Accrued rights and obligations, as well as clauses that by their nature should survive (e.g., intellectual property, confidentiality, limitation of liability, applicable law), remain unaffected.

Chapter 10 Disclaimer and Limitation of Liability

10.1 Disclaimer

Services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, LeiKwan Host makes no express or implied warranties (e.g., merchantability, fitness for a particular purpose, non-interruption, error-free). LeiKwan Host is not responsible for losses caused by User reasons, third-party actions, free/trial services, force majeure, planned maintenance, etc. (unless prohibited by law).

10.2 Force Majeure

Refers to objective circumstances unforeseeable, unavoidable, and insurmountable (natural disasters, war, governmental acts, large-scale network failures/attacks, etc.). The affected party is not in breach due to such events, shall promptly notify the other party, and strive to mitigate the impact. If it continues for more than [thirty days], either party may terminate the Agreement.

10.3 Limitation of Liability

In no event shall LeiKwan Host parties be liable for any indirect, incidental, or consequential losses (e.g., loss of profit, data loss). LeiKwan Host’s total cumulative liability to the User shall not exceed the total service fees paid by the User for the specific service that gave rise to the claim in the [twelve months] preceding the event (compensation for free services is capped at HK$100.00). This limitation does not apply to personal injury/death caused by LeiKwan Host’s willful misconduct or gross negligence, fraud, or any liability that cannot be limited by law.

Chapter 11 Liability for Breach of Contract

11.1 User’s Liability for Breach

If the User breaches the Agreement, LeiKwan Host has the right to issue warnings, restrict/suspend/terminate services, close the account, demand compensation for losses (including direct and indirect losses and reasonable legal costs), report to competent authorities, etc.

11.2 LeiKwan Host’s Liability for Breach

If LeiKwan Host’s unilateral reasons prevent the User from normally using paid services, its liability for compensation is subject to the provisions of Chapter 10 (Limitation of Liability).

11.3 Mutual Breach of Contract

Both parties shall bear their respective responsibilities.

Chapter 12 Notices and Service of Process

12.1 User’s Contact Information and Update Obligation

The User shall provide and maintain true and valid contact information (email, mobile phone, address) and update it китайpromptly. Consequences of failure to receive notices due to User’s reasons are borne by the User. (Typo: “及时” -> “promptly”)

12.2 LeiKwan Host’s Notification Methods

Notices may be given via website announcements, email, SMS, internal messages, mail, etc.

12.3 Delivery and Effectiveness of Notices

Website announcements are effective upon posting; electronic notices are effective upon successful sending; mailed notices are generally deemed delivered after 3 days domestically and 7 days internationally.

12.4 Electronic Service of Legal Documents

The User agrees that relevant judicial/arbitration/administrative bodies may serve legal documents via the User’s registered electronic contact methods, and the date of successful electronic sending is deemed the date of effective service.

Chapter 13 Applicable Law and Dispute Resolution

13.1 Applicable Law

This Agreement is governed by the laws of the Hong Kong Special Administrative Region. Invalidity of any term does not affect the validity of the remaining terms.

13.2 Dispute Resolution

Both parties shall seek friendly negotiation. If negotiation fails (within thirty days of notice), either party has the right to submit the dispute to a court with jurisdiction in Hong Kong for litigation. During dispute resolution, other obligations not under dispute shall continue to be performed.

Chapter 14 Miscellaneous

14.1 Entire Agreement

This Agreement (including attachments and platform rules) constitutes the entire agreement between the parties and supersedes all prior oral or written agreements.