As a precondition and requirement to join the Senlin Hosting Club (from now on to be called “SHC”), you, for yourself and for the company or other person(s), if any, you represent, hereby accept and agree to be legally bound by the Terms & Conditions (from now on to be called “Terms”). These Terms are effective immediately between you and SHC, its subsidiaries and affiliates. You are subject to these Terms, and by using SHC’s hosting, you agree to be legally bound by and subject to all terms and conditions contained in these Terms.
You represent and warrant that, if an individual, you have reached the minimum age of 18 years and therefore are legally competent in all respects to, or, if an entity, you are a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possess all legal authority and power to accept and be bound by these Terms.
Membership of SHC consist of both Hosting and Technical Maintenance of your website. Hosting of your website will be conform the package you have chosen, i.e. STARTER, PLUS or FLEX. Within the Technical Maintenance program SHC takes care of any and all software updates of your WordPress website. These updates are not limited to the native WordPress software, but also include any and all plugins installed on your website. In case an updated plugin breaks the previously working functionality of the website, SHC will roll back the plugin to its previous state and add a notice to the plugin’s description to make clear that said plugin cannot be updated at that time. In such case SHC will also further investigate the issue and contact the developer(s) of the plugin to research possible workarounds.
If a developer discontinues working on a plugin, SHC will investigate alternatives and offer those to you.
SHC will charge no additional fees if extra work is needed to roll back software in case a WordPress update and/or plugin update breaks functionality of your website. SHC may charge a fee however if extensive recoding work of (part of) the website is needed to re-enable functionality after breakage.
By joining you give SHC the right to act as your webmaster and you will make an administrator account available for SHC. Under no circumstances will you or anyone else that has access to the administrative part of your website update the WordPress software and/or any of the plugins. If, for whatever reason, you or anyone else that has access to the administrative part of your website update the WordPress software and/or any of the plugins, SHC reserves the right to terminate the Technical Maintenance part of your Hosting Plan immediately without restitution of paid fee(s).
SHC Fees include both hosting and technical maintenance. These fees are to be paid in advance for the entire period chosen (annually, biannually or triennially) and in the USD or EUR equivalent of the amount in RMB quoted on the website of SHC. On the day SHC sends you the invoice for the upcoming term, SHC will notify you of the exchange rate to be used; normally this is the “Typical Kiosk Rate” published by Oanda.com. Exchange rates are non-negotiable.
All fees for hosting your website are to be paid for the full term in advance; payments can be done via PayPal, bank transfer or in cash. If you opt for bank transfer, all costs of transfer are for your own account. Thirty (30) days before expiration of your hosting term, SHC will send you a reminder via email. If SHC has not received any reply from you latest fifteen (15) days before expiration, SHC assumes discontinuation of hosting and will turn off website hosting upon expiration date without sending additional reminders.
It is solely your responsibility to pay that invoice before or on due date. In the event that your payment is delayed for whatever reason, it is your responsibility to notify SHC of that no less than seven (7) days before the renewal date. If payment is late and you have failed to notify SHC within the specified term of this, you will be charged seven percent (7%) penalty for each working week or part thereof past due. Notifying SHC of late payment within the specified term does not automatically mean that there will be no penalty charges.
As of January 6, 2012 Program Fees are billed in Chinese Yuan (or Renminbi or CNY or RMB).
If you want hosting after having previous hosting expired, resulting in turning off hosting on expiration date, SHC will have to do a full website assessment before re-instating hosting. Such assessment will be charged at one thousand two hundred and fifty Chinese Yuan (RMB 1,250.00) per site to be paid in advance. Having this assessment done, does however not guarantee hosting by SHC.
SHC will not supply you with any VAT receipt and/or official fapiao (发票) for paid hosting. SHC will only be able to send you a normal receipt and/or shouju (收据) for paid hosting.
SHC does not allow and has a strict zero-tolerance policy towards any illegal content and/or activity. Examples of illegal content and/or activities include, but are not limited to, spamming, prohibited offerings (drugs, illegal medicines, weapons, adult (related) content, information to harm children/adults and/or animals, etc.), profanity, private information and/or images, violations of intellectual property rights, misrepresentation of transmission information, viruses and other destructive activities, hacking, anonymous proxies, etc. To engage in any activity that is determined by SHC, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. SHC will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the hosting.
On a regular basis SHC will check whether your website contains anything illegal. If such is the case SHC will immediately terminate hosting and inform appropriate law enforcement agencies. If your hosting is terminated due to illegal activity and/or content, restitution of any paid amount will never take place and you agree that you will not hold SHC or any of its staff, employees, agents, etc. liable for any loss whatsoever.
SHC offers its services to host web sites, not to store data. Using an account as an online storage facility for archiving electronic files such as, but not limited to, documents, pdf files, music files, video files, etc. is prohibited and will result in termination of hosting without prior notice and without refund.
If your hosting account includes email address(es) you are expected to delete server-side messages upon receiving them on your computer/phone. Downloading email via IMAP is known for using a relative high amount of server-CPU and frequently experiences hanging processes; therefore we prohibit the use of IMAP on SHC. If you need IMAP access we can switch your email account(s) to Google Apps.
You acknowledge that hosting and software are provided “as is, as available” without any warranty of any kind. SHC hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by SHC or SHC’s representatives including, without limitation, support representatives, shall create a warranty. SHC disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a particular purpose, merchantability of computer programs and content. SHC does not guarantee that users will be able to use hosting at times or locations of their choosing. SHC does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or SHC in particular.
Limitations on SHC’s Liability.
SHC shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall SHC be liable under contract, negligence, tort, conversion, copyright infringement, trademark infringement, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not SHC has been advised of the possibility of such loss or damages. SHC shall not be liable for the cost of procurement of substitute goods, services or technology. SHC’s entire liability and subscriber’s exclusive remedy with respect to any use of the services is the cancellation of subscriber’s account as set forth herein. In no event shall SHC’s liability to you exceed the greater of one Chinese Yuan (RMB 1.00) or any amounts actually paid in cash by you to SHC for the prior one month period. No action, regardless of form, arising out of these terms or out of the services may be brought by you more than one year after the event which gave rise to the cause of action. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, SHC’s liability shall be limited to the greatest extent permitted by law.
Indemnification of SHC.
You agree to defend, indemnify and hold SHC, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party, except to the extent the foregoing directly result from SHC’s own gross negligence or wilful misconduct. SHC reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
By hosting your website with SHC you agree that SHC places a small text in the footer of your web-pages that contains the exact words and link “hosted by Senlin Hosting Club.”
At any time with or without prior notice may SHC alter these Terms. If you cannot agree to the Terms after an alteration, you may cancel your account. There will however not be a refund or restitution in any way.
These Terms were last updated on March 29, 2012