Dear FangCloud users, thank you for choosing FangCloud online storage and collaboration services. Please carefully read and fully understand these terms of services. By ticking the "Accept the service terms and conditions" box, you signify that you have fully understood and agree to be bound by these terms. IF YOU DON’T ACCEPT THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, YOU MUST NOT USE THE SERVICES IMMEDIATELY. This present Agreement applies to all services provided by FangCloud.
The services provided by FangCloud refer to all online file storage and collaboration services provided by FangCloud via www.FangCloud.com (hereinafter referred to as the "Website"), as well as the service content provided under the concluded contract(s) when FangCloud service(s) is/are formally used, including the upgrade(s) and update(s) of all services and software products within the term of the contract. All changes in regard to service form, service content and service standard shall be informed by FangCloud via telephone, email and other available means of communication. You are advised to pay attention and understand these changes in a timely manner.
Signing of Contract
Before officially using FangCloud’s paid services, you will be asked to enter into a formal software service contract, in order to to protect the legitimate interests of both Parties and to clarify all service standards of FangCloud. When you sign a software service contract, you shall reach the age of legal competence as provided by applicable law. You may sign the contract in any of the following methods:
1. Authorize or provide an electronic signature via Internet.
2. Sign the contract by fax, scanned copy or sending the signed contract in paper.
FangCloud publishes its detailed service fees and pricing plans on the website, or you may call our 400-993-9050 service number to acquire such detailed information. The final service fees shall be determined by the contractual price under the software service contract entered by and between you and FangCloud. FangCloud reserves the right to adjust its charging standards based on actual situations. Nevertheless, such adjustment shall not affect the services that you have purchased.
It is worth mentioning that the service fees as mentioned hereinabove do not include such fees that you or your member(s) shall pay to any other third party, such as fee for network access (broadband access, mobile network access, etc.) incurred by using this present service/these present services, devices (mobile phones, computers, tablets, etc.) and so forth.
Changes to Terms and Conditions
FangCloud reserves the right to make any change(s) to the terms and conditions of this present contract. If in our sole discretion we deem a revision to these Terms, FangCloud shall make an announcement of changes on its website accordingly or inform its customer(s) in the manner of a formal correspondence at least thirty (30) days in advance. Should you disagree with the change made by FangCloud to relevant terms and conditions, you may raise objections within fifteen (15) days. Should the contractual parties fail to reach to agreement, you may terminate the usage of FangCloud service(s). Should you remain silent within the specified period, you shall be deemed to have accepted such change(s) thereto.
Rules for Usage
By using FangCloud service, you agree:
1. To comply with all, including but not limited to, the provisions of national laws, regulations, policies and applicable international treaties and conventions.
2. To abide by all provisions of this contract, terms and conditions, announcement(s), related to the present service(s), and agreement in other forms.
3. To make sure that information you provide when registering for and using FangCloud is true and effective.
4. Not to use FangCloud to, including but not limited to, store or disseminate information reactionary, anti-social, violating the national security, in the nature of gambling, harassing, libelous, abusive, threatening, vulgar, obscene or any other illegal information.
5. Not to harm minors in any way.
6. Not to use FangCloud to conduct any behavior in the disadvantage of FangCloud.
7. To ensure the security of the data you upload and store, and to avoid virus, Trojans, and other unwanted programs which may compromise the security of FangCloud.
8. You shall be held solely liable for the data stored and all operations made by you and/or your member(s) on FangCloud.
Should FangCloud find that you have violated any of the above-mentioned terms and conditions, or received any complaint or report from any third party, it shall have the right to take appropriate measures, including but not limited to immediate termination of service contract or deletion of relevant information in question.
1. You shall have complete ownership and rights of use to all files stored in FangCloud, including but not limited to all kinds of documents, pictures, music, videos, applications and other data (hereinafter referred to as the "data"), which FangCloud and/or any third party shall not have access to or use.
2. FangCloud performs encrypted transmission and storage on your data and protects your data privacy within the technically controllable range.
3. FangCloud enforces a rigorous management system inside its operating team, to ensure that no member may have access to your data from the system backstage.
4. FangCloud provides a reliable authorization management system, with which you may grant different access permissions to different kinds of data, and FangCloud may determine the access range to relevant data based on your settings.
5. FangCloud does not collect any of your specific information unless provided with such information or authorized to collect such information expressively by you. In addition to users' registration information, FangCloud records and stores such information as time, browser type, browser language, user's IP address, operating system, hardware and software environment information, etc. Such information shall be used to provide you with detailed user reports and better service.
6. Without disclosing any of your private information, FangCloud analyzes information regarding visitor traffic, access time frame and other behavioral data in order to provide you with a better experience and enhanced services.
7. FangCloud may jointly provide pertinent services with third parties. In such case, should the third party hereof agree to be bound with equal confidentiality liability as FangCloud, the latter may avail the former your user information.
8. In case of loss incurred by mistakes of you or your member(s), including but not limited to administrator operational errors, user operational errors and ID/password leakage, etc., FangCloud shall not be held responsible.
Destruction and Disclosure of Data
In case that any of the following scenarios take place, your data shall be destroyed or disclosed:
1. Unless otherwise agreed, FangCloud will cease storing your data upon the (one hundredth) 100th day after the expiration data under the service contract or the termination of the service contract due to other reasons.
2. Upon your consent, FangCloud may disclose your data to your requested third party.
3. Upon requests of administrative or judicial authorities as provided by relevant laws and regulations, FangCloud may disclose your data to such authorities.
You shall bear the liabilities and compensation costs as follows:
1. Should your data stored, shared or disseminated via FangCloud services violate other parties' rights and interests, and the latter make a claim or request.
2. Should you violate the present terms and conditions, and any third parties make a claim or request accordingly.
3. Should your violation of the present terms and conditions incur any legal liabilities.
4. Should your data stored, shared or disseminated via FangCloud incur any legal liabilities.
You shall bear the liabilities and compensation costs as follows:
1. Due to force majeure or other unforeseen incidents, the performance of the present terms and conditions becomes impossible, unnecessary or meaningless, and then the affected party shall not be held liable.
2. The force majeure and unforeseen incidents refer to unforeseeable and unavoidable objective events that cannot be overcome and have significant impact on one or both parties, including but not limited to, natural disasters such as floods, earthquakes, pestilence, and so forth, as well as social events such as war, riot, government behaviors, telecommunication trunk line interruption, hackers, network congestion and government regulation, etc.
As for all outstanding matters, both parties shall otherwise agree amicably on a good faith basis.