Notification for Collection of Personal Data Clause

Thank you for choosing services from YUAN JHEN Info. Co., Ltd. (hereinafter referred to as the Company or Party B). The User (hereinafter referred to as Party A) Pursuant to the provisions set forth in paragraph 1, Article 8 of Personal Data Protection Act (hereinafter referred to as PDPA), to assure the protection of the personal data, privacy and rights and interests of users, the reading and agreement of “YUAN JHEN Info. Co., Ltd. Notification for Collection of Personal Data Clause” shall constitute the right granted by law to use the electronic documents with the effect of agreement in writing. Please leave this page if you disagree with this clause and please contact customer service of the Company if you need any service from us. 

(The following is the declaration of provision which the Company must notify you pursuant to the Personal Data Protection Act. Please study the statement carefully.)

1. Purpose of Collection of Personal Data: 

(1) Engagement in information, communication, telecommunication, computer system design, data processing, information supply services, and other acts are attributed to the purpose of collection of personal data by the industry. 
(2) Work scope defined by aforementioned related services or other business lines. 

2. Collection of Personal Data by Category:

(1) Classification (i.e. Chinese and English names, national identification number, identification code, contact phone number, address, email, bank account number and beneficiary account name , and other identification number). 

3. Period, Region, Object, and Method of Use of Personal Data:

(1) Period: Period of use is the period which the Company or service must preserve. 
(2) Region: The region where the Company provides services for your personal data. 
(3) Object: The Company, collaboration promotion units, business transaction institutions, and the investigation agency by law or financial supervisory agency. 
(4) Method: Electronic documents, printed documents, or other automatic machines or other non-automatic methods. 

4. Pursuant to provisions prescribed in Article 3 of the Personal Data Protection Act , you may exercise the following right under the protection of your personal data: 

(1) Query, access, replicates, supplement, correction, petition for suspension of collection, petition for suspension of handling, petition for suspension of use, and petition for deletion, as well as other rights. 
(2) The client may exercise the aforementioned right to the mode of data provision, processing deadline, query fees, and payment deadlines according to the decree, the business rules of the Company, and the service contract-related regulations, in addition to charging the necessary fees, if applicable. Nonetheless, the Company shall comply with provisions specified in Article 10 and Article 11 of the Personal Data Protection Act to grant client application in consideration of required services for execution and statutory retention period. 

5. Protective Actions of Personal Data:

The Company has taken the following actions for personal data protection: 
(1) Allocate administrative personnel and considerable resources.
(2) Defined scope of personal data.
(3) Risk assessment and management mechanism of personal data. 
(4) Incident prevention, reporting, and response mechanism. 
(5) Internal management procedures for the collection, handling, and use of personal data. 
(6) Data security management and personnel management. 
(7) Cognition promotion and educational training. 
(8) Equipment safety management. 
(9) Data security audit mechanism. 
(10) Use recording, trajectory data and evidence preservation. 
(11) Total continuous improvement on the maintenance of personal data security. 

Customer Terms of Service

Article 1 Renting Procedures and Charging Standards

(1) User applying for the lease of internet services shall enclose this application form and identification documents to file the application (please enclose the company establishment registration form or change of registration form for business application). However, government agencies, schools, and state-owned businesses may apply to governmental standards and be exempt from the enclosure of identification documents. The same procedures apply to the application of various changes. The data filled out by the user on the application form and the documents enclosed shall be guaranteed authenticity. Any false statement that leads to disputes or damage incurred to the Company or third party shall be held fully accountable by the user.
(2) The user must pay for all payable fees prior to the expiration of plans. The mailing address for the invoices shall be based on the input submitted by the user on the payment system. For any questions arising from the details of the calculation of fees, the user shall enclose the reason and notice in writing to the Company within 5 days upon receiving the invoice issued by the Company. The user may not refuse the payment of fees if they fail to notify. The user shall pay for all fees prior to the specified deadline for payment. If the user fails to make delinquent payment after receiving the reminder notice, the Company may terminate the use. The user suspended for use due to delinquent payment shall still pay for the internet service fees during the period of suspended use.
(3) The user shall perform the service contract or the agreed terms and conditions of the Company and pay for relevant fees according to the internet service rates applied, the amount notified by the Company, and the payment deadline. The Company may notify the user via email or orally via phone for any delinquent payment or refused payment, followed by terminating all services from Party A. Party A shall be held solely liable for legal liabilities and loss. Party A may not claim any compensation or reparation from the Company accordingly.
(4) Party A applying for “Colocation, Dedicated Hosting, VPS Hosting, and Cloud Hosting” via phone or the internet from Party B shall be processed in 2 weeks after application pursuant to the provision set forth in item 1 of Article 1 of the contract.
(5) The shortest lease term of the service is one year of the continuous lease and the period less than one year shall be calculated as one year. Any temporary lease shall be charged by the day and the rental shall be one hundred fiftieths of the annual fees.

Article 2 Standards for Use of Internet Services

(1) The user shall comply with the international practice or internet and no user shall break into other systems of the internet with intention and act. The user may not destroy the various internet services nor cause obstruction to the Company system or engage in conducts violating public order, good custom and acts prohibited by the Republic of China Law, through any means online. The user may be held solely liable for any violation and the Company may terminate the lease by the user according to the international applicable internet practice in order to maintain the service quality. The user shall be held solely liable for any consequence or possible loss.
(2) In case the user is at fault for breach of contract against the provision set forth in item 1 of this article, the Company may suspend or terminate the provision of internet services to the such user prior to the validation of judicial ruling. The user not only has to be held liable for all civil/criminal legal liabilities and administrative responsibilities but must also cooperate with the Company to clarify the relevant facts and legal liabilities, and lodge protests for reconciliation negotiation, arbitration and litigation engaged by the Company. The user must also pay for the reconciliation fees or expenses and compensation ruled by court or arbitration as the accountability of the Company, as well as the tangible and intangible losses incurred to the Company accordingly (including but not limited to the relevant cost and fees arising from the resolution of controversies, attorney fees, arbitration/litigation fees, and loss of business reputation).
(3) The transmission speed data of internet services provided by the Company is based on the maximum function of the overall accessible internet environment. User cognition, the overall internet traffic except for the facilities and internet bandwidth provided by the Company, and the processing rate of remote servers as well as other factors, shall affect the actual transmission speed of internet users. Therefore, the Company may not be held responsible for the guarantee of transmission speed.
(4) The Company reserves the right to suspend the user or terminate the provision of internet services under the premise of legitimate scope, permission by competent authority or order.
(5) The Company offers 15 days of free trial for its web hosting products. In 15 days from the account activation date of the trial period (the account activation date is the first day), clients may terminate the contract during the trial period at any time. Each user may apply for two times free trials for 15 days. No free trial service is provided to user contract renewal, upgrade/downgrade, and transfer.

Article 3 Rights Entitled to the Company

(1) Due to the variety of information resources online, all information providers shall maintain and update their own information. The Company may not be held liable for the legal liabilities involved by users from the disseminating or capture of data and programs online.
(2) The Company only offers the lease service of its business. The internet may be used through the connection of different internet, the Company may not be held liable for compensation in the event of internet hacking, damage or access of data as well as other infringement to the user system via the third party, and the direct or indirect losses incurred accordingly.
(3) Based on the service requirement, the Company may change the IP address of the equipment used, the venue of the server room or the position of rack space for storing the equipment. The Company shall notify the user 7 days in advance and the user must cooperate accordingly.
(4) For “Dedicated Hosting,” Party B shall provide the equipment shown in the application form for dedicated hosting services to Party A for lease. For any excess use or designated use of special equipment by Party A, Party B shall add additional fees to the establishment management. Based on the service requirement, the Company may change the venue of the server room or position of rack space for storing the equipment, while the user shall agree to cooperate accordingly. For any change of venue for the server room, the Company shall notify the user 7 days in advance.
(5) For “Colocation,” the Company offers standard rack space (specification to be specified by the Company) for lease by users. For users with special needs, both parties shall prepare an additional agreement. Based on the service requirement, the Company may change the venue of the server room or position of rack space for storing the equipment, while the user shall agree to cooperate accordingly. For any change of venue for the server room, the Company shall notify the user 7 days in advance.
(6) For “Colocation” and “Dedicated Hosting,” Party B shall provide the equipment as shown in the application form to Party A for lease. For any excess use or designated use of special equipment by Party A, Party B shall add additional fees to the establishment management.

Article 4 User Obligations

(1) For the protection of self-interest and rights, Party A must routinely prepare the website data, database, email, bulletin board, and all program data backup in web base format when leasing the service, in case Party B could not successfully recover the equipment in the event of a malfunction with the equipment of Party B. There will not be backup data for upload. If Party A fails to back up, Party A may not claim any compensation or reparation from the Company for any damage incurred. The users must back up the software and data, and insure service interruption depending on their needs, in order to compensate or reduce possible loss incurred. When Party A proposes the specification of lease equipment for change or application for change of equipment replacement, since Party B needs to delete the data previously stored in the hardware space, Party A shall back up such information and data. If Party A fails to back up the files, Party A may not claim any compensation or reparation from the Company for the loss incurred accordingly.
(2) The Company offers web hosting with traffic restrictions in order to maintain excellent transmission quality for all users on the host. Hence, Party A may not use or deliberately use programs that occupy the system resource (e.g. CPU, memory…etc.). When the program executed by Party A consumes much of the processor, memory, system shared resource or bandwidth, the Company reserves the right to turn off the program or website by force without prior notice in order to protect the rights of other users, and the Company shall suspend the right to use until Party A makes improvement. If Party A is reluctant to make improvement, the Company reserves the right to terminate the services for Party A without notice and any consequence or possible loss incurred shall be the responsibility of Party A. Party A may not claim any compensation or reparation from the Company accordingly. In case the files or programs provided by Party A lead to adverse effects and result in any damage or loss such as virus, program bug, violation of the law or infringement of other’s copyright, Party B is entitled to make take proper emergency action to prevent damage on both Party A and Party B.
(3) Party B only accepts websites with content constrained by the Law of the Republic of China due to the disclosure of the internet. For any website content and links uploaded by Party A or commissioned to Party B for configuration through any form of media, Party A shall assure the applicability and legitimacy in addition to agreeing with the bearing of full legal liability.
(4) For safety purposes, Party A must routinely back up all programs, including the database, email, bulletin board, and web base formats when leasing the service. For purposes of self-interest and right, users must backup software and data, and insure for service interruption in order to fill up or reduce the possible loss incurred.
(5) Users of “Dedicated Hosting, Cloud Hosting, and VPS Hosting” must fulfill the responsibility of maintenance for the operating system installed on the equipment. The Company may not be held liable for the loss and compensation caused by an error in the operating system or equipment malfunction as a result of use by users without authorization.
(6) Web hosting service is a shared resource. Any incident with Party A below will result in the obstruction of Party B’s system, massive consumption of host efficacy, or influence on other clients’ right to use. Upon discovery or reporting, Party A will be suspended immediately for right to use until Party A makes improvements. If Party A refuses to make improvements, Party B may cancel the right to use the host of Party A. Party A shall be held liable for all consequences and legal responsibilities. Moreover, Party A may not claim any compensation of damage from Party B.
1. Sending any unsolicited email, i.e.: commercial advertisement letter.
2. Web hosting may not be used to send massive emails. For example, send no more than 300 letters per hour for e-newsletter (each recipient email is counted as one mail).
3. Used for online advertising campaigns or purpose of massive bandwidth (lease dedicated hosting or VPS hosting services).
4. Occupies large bandwidth, large connection pool size, or massive traffic.
5. The PHP, CGI, or ASP programs executed by Party A use much of the central processor (CPU) and memory (RAM) of Party B’s host, which severely affects system resources.
6. Users may not install multiple user programs (e.g. public WebProxy service, forum program written in CGI language, chatroom & hellip).
7. Party A is prohibited from the use and installation of any program deemed by Party B as excessively affecting the host efficacy. The mechanism of operation may not impede others from the use or affect the normal operation of the company system.
8. The web hosting service is limited to no more than 100,000 files quantity per account.
＊Definition of Advertising Letter: The recipient address of the email is not provided voluntarily by the recipient; or the email breaches the agreement for use by the address provided by the recipient.
Party A may not send any email containing advertising by any execute. In case the aforementioned circumstance is discovered by Party B or reported, Party B shall notify Party A for improvement within the specified date and if Party A fails to make improvement or remove by the deadline, Party B may prohibit Party A from using the service until Party A completes the removal or improvement. In case the data in the system of Party A is lost, Party B may not be held accountable. Moreover, if the email sent by Party A via the service causes complaints or legal disputes with the email recipient, Party A shall be held responsible for clarifying or bearing legal liability with the recipient.

Article 5 Commitment and Guarantee

(1) For basic user data acquired by the Company from service, the Company shall handle and use the data pursuant to provisions set forth in the Personal Data Protection Act with obligations of confidentiality. Except for the agreement made by the user, the Company may not disclose, transmit and hand over such information to third party.
(2) The user shall agree to use the internet connection rate leased (traffic and bandwidth) without the excessive use of bandwidth. The user must apply to the Company for additional bandwidth requirements.
(3) The Company shall be held responsible for the maintenance of hardware equipment leased by the user at the server room of the Company. In case of malfunction with the hardware equipment, the Company shall replace the hardware free of charge. The Company may not be held liable for other compensation related to the user lease of the service, except for the specification set forth in this clause. The user must compensate or reduce the possible losses incurred through the insurance for the software, data backup, and service interruption, depending on the user’s need.

Article 6 Liability for Damage

(1) Any party at fault for making a commitment and guarantee for this Contract that directly or indirectly results in any damage to the other party, the party at fault shall compensate for the damage incurred to the other party (including but not limited to the reasonable attorney fees of the other party for claims of compensation).
(2) When the internet services provided by the Company are offered to the user and receive claims other than via third-party, the user not only has to compensate or fill up the loss or expenses incurred to the Company but also submit applicable evidence, protest or other assistance according to the Company requirement. Moreover, the user may not reconcile with the third party before receiving consent in writing from the Company.
(3) The user shall be held responsible for the installation, testing and maintenance of the software/hardware equipment prepared. If the user’s equipment fails, the user may not request for deduction or refusal of any related fees based on this reason. Moreover, if the internet service is interrupted due to damage of the equipment established or provided by the user, the Company may not be held responsible for any compensation. For loss incurred to the Company or third party, the Company reserves the right to claim compensation to user for their own rights and interests or wait for the third party to claim compensation.
(4) Except for factors attributable to the users, the Company may not be held liable for any compensation for the damage incurred from using the internet services (including but not limited to business loss, image loss, spiritual loss, and loss of data content). In case of any accident or factors of force majeure that result in the damage or reduction of property, both parties hereby agree to be held accountable for their own loss.
(5)For other industries (including but not limited to fixed telecommunication and comprehensive internet industries) collaborating in providing internet services to users, the Company may not be held responsible for the influence of internet services supply due to factors of other industries. The Company will not claim compensation from other industries on behalf of the users.

Article 7 Termination of Internet Services and Related Standards

(1) To terminate the services of the Contract, the user shall apply for termination of the rent services to Party B in person or through a dedicated proxy, in addition to paying all charges.
(2) To apply for termination of the service, the user shall file the application before the 10th day of the anticipated date of rent termination.
(3) For user suspended for rent due to violation of law or delinquency in arrears, the user shall still pay for the rental during the period of rent suspension.
(4) If Party A is at fault for violating the provisions of any clause of the Terms of Service, Party B may notify Party A for suspension of the services depending on the circumstance, until Party A improves the circumstance of breach of contract.
(5) Party A may not assign the rights and obligations of the Contract to a third party without the consent in writing from Party B. For any breach of contract, Party B may terminate this contract accordingly.
(6) If the Company needs to suspend or terminate the management of the services in part or in whole due to change of situation or business requirement, the Company shall notify the user in one month before the anticipated suspension or termination date, and the user shall cooperate accordingly.
(7) For user of “Colocation” applying for termination of rent, the user shall retrieve the hardware equipment in seven days. Failure to retrieve in over 1 year shall be regarded by Party B as waste treatment. The equipment stored by Party B upon the termination of the Contract, seized by the court or other security or exercised by mandatory order, Party B may suspend the supply of power to the equipment stored by Party A with Party B without authorization. Party B may also have the right to relocate such equipment to other premises for centralized custody.

Article 8 Processing of Service Interruption

(1) For the repair, maintenance, or other needs related to the internet services provided by the Company, the Company may notify the user of the suspension of services in advance. The Company may not notify the user of sudden, unexpected malfunction of system equipment. Nonetheless, the cumulative suspension of services may not exceed 48 hours per year. For hours over the upper limit, the user may petition for claims by the Company pursuant to the provision specified in item 2 of this Article.
(2) For matters related to “Web Hosting, VPS Host, and Cloud Hosting” attributable to Party B that results in the continuous crash of the host for more than 6 hours, one-sixtieth of the monthly rental per every 6 hours should be deducted from the following statement of payment. Nonetheless, the suspension of fewer than 6 hours may not be deducted. The total rental corresponding to the due deduction of the interruption for that month shall apply only to the rental payable for that month. The period commencing for the aforementioned interruption shall be subject to the time detected by Party A or receiving notice from Party B. Nonetheless adequate factors supporting the actual interruption of services shall be prevailed by the time of actual interruption.
(3) When renting the services for “Colocation and Dedicated Hosting,” the damage resulted from the interruption or failure to transmit due to the malfunction and interruption of the telecommunication cables, the Company may not be held liable for the compensation for damage incurred to the user. Nonetheless, in case the user could not use the services for more than 4 hours due to matters related to the Company, one-sixtieth of the monthly rental shall be deducted for every 4 hours of interruption and shall be deducted from the following statement of payment. However, the time under 4 hours may not be deducted. The period commencing for the aforementioned interruption shall be subject to the time detected by Party A or receiving notice from Party B. Nonetheless adequate factors supporting the actual interruption of services shall be prevailed by the time of actual interruption.
(4) For failure to use the services due to factors of force majeure such as typhoon, earthquake, tsunami, flood, wars, DDoS attack, and equipment failure, the Company may not be held liable for treatment and compensation.

Article 9 Supplementation Provisions

(1) In case of litigations arising from the contract clauses and the amount of controversy exceeds the amount of small contentious procedures specified by the Code of Civil Procedure, both parties hereby agree to resort to Taiwan Taipei District Court as the court of the first instance.
(2) Matters not mentioned by the clauses of the contract herein shall be processed according to the telecommunication-related laws and decrees.