Cloud Server Sales Terms and Conditions
Welcome to the cloud server product and services offered by DianLe (the "Product and Services"), please read these terms and conditions of sale (these "Terms") carefully as they contain important information about your legal rights and remedies.
By confirming or otherwise choosing to accept these Terms of Use via the web page, you agree to accept all of these Terms of Use in their entirety and have entered into an agreement with DianLe to that effect. If you do not agree with any of these Terms, or if you do not accurately understand the meaning of any of these Terms, please do not confirm or proceed. If you have any questions about these Terms, please send an e-mail to <legal@DianLe.com>.
You agree that DianLe has the right to make unilateral changes to the content of the Terms at any time and announce them on the DianLe website (www.dianle.cc) without separate notification to you; if you continue to use the Service after the announcement of the content of the Terms, it means that you have fully read, understood and accepted the content of the Terms after the change, and you will use the Service in accordance with the content of the Terms after the change; if you disagree with the content of the Terms after the change, you should stop using the relevant products and services immediately.
1.Rights and obligations of the parties
1.1 You understand and agree that when you purchase this Product and Services, you will fulfill your obligations and enjoy your rights in accordance with the "DianLe Membership Agreement", "Privacy Policy", and the relevant agreements and rules posted on the DianLe website from time to time. Matters not provided for in these Terms of Use shall be supplemented by the DianLe Membership Agreement and the related agreements and subsidiary rules posted on the DianLe website from time to time.
1.2 The Product and Services may contain links that take you away from DianLe to third party websites. These linked sites are not under the control of DianLe and DianLe is not responsible for the contents of any linked site or any link contained in a linked site; DianLe is providing these links to you only as a convenience, and the inclusion of a link does not imply endorsement by DianLe of the site. Your use of third party websites may be subject to the terms and conditions of the third party.
1.3 You are aware and agree that this Product and Services may be provided by third parties, and that DianLe is not responsible for any action taken against you as a result of your violation of the third parties' relevant policies. You shall be held personally liable for any damages caused to any third party as a result of your personal behavior. For more information about third party policies, you can email us at <legal@DianLe.com>.
1.4 You acknowledge and agree that if you do not complete the renewal or follow the prompts to transfer the information (if any) within the time limit specified after the expiration of the Product, the system will automatically erase all information from the server, which is not recoverable.
1.5 DianLe reserves the right to terminate the provision of the Services to you without liability if any of the following occurs in the course of your use of the Products and Services:
1.5.1 Any violation of the relevant laws and regulations of the Republic of Singapore, other foreign laws and regulations that may be applicable, as well as international practices, and the agreements in this Term;
1.5.2 Use the Product and Services for any illegal purpose, or use the Product and Services to engage in behavior that infringes on the legitimate rights and interests of others; if DianLe has reason to believe that the User is a repeat offender, DianLe reserves the right to suspend or terminate all of the User's access to the website or the services;
1.5.3 Violate the DianLe Membership Agreement and related agreements and rules posted on the DianLe website from time to time;
1.5.4 Violation of the policies related to the third parties of this product, the third parties stop the service on its own or require DianLe to stop the service;
1.5.5 If DianLe is required to terminate the provision of the agreed Product and Services due to decrees or policies issued or changed by the relevant competent authorities.
1.6 You acknowledge and agree that you are responsible for the security of your own data and must regularly back up your data to minimize potential loss in the event of an incident. DianLe will not be liable for any data loss caused by hardware failure or your own misuse. If data loss occurs due to reasons attributable to DianLe, upon verification of the issue, DianLe will provide a coupon equivalent to half of your remaining monthly service fees as compensation, which will be credited to your account.
2. Cost of services and product pricing
2.1 You agree and recognize that DianLe will publicize the relevant charges and requirements on the relevant pages of its official website, and that DianLe has the right to adjust the said standards and requirements in accordance with the business needs and market changes, etc.; or to formulate different service charges, preferential and promotional policies, etc., based on factors such as the prevailing market conditions and its own operating policies.
2.2 If you have any objection to the charges and the content of the notice provided by DianLe, you should promptly inform DianLe in writing and stop using all the services provided by DianLe; otherwise, you shall be deemed to have recognized the fees set by DianLe and paid the relevant fees in accordance with the content of the notices on fees and other matters provided by DianLe.
2.3 You agree and recognize that no refunds are supported once this product and related services are sold. For special circumstances, please refer to the policy set out on the page of this Product and Services.
2.4 You agree and acknowledge that DianLe reserves the right to interpret the above policies on fees and requirements.
3. Disclaimers and limitations of liability
3.1 In order to provide Product and Services effectively, DianLe may from time to time perform maintenance and upgrades to the system. At that time, DianLe may post an announcement on the DianLe website. During this process, there may be service interruption or instability, which shall not be regarded as a breach of contract by DianLe.
3.2 You agree that if DianLe suffers any loss due to your violation of this Terms and the Membership Agreement, you shall compensate for the corresponding loss or bear the corresponding liability for breach of contract. If you do not take the initiative to compensate, you authorize DianLe to deduct the corresponding amount from the DianLe account under your name, and reserve the right to recover the shortfall from you. If DianLe incurs a fine due to your being blacklisted by an international anti-spam organization, you will be responsible for the corresponding fine amount.
3.3 DianLe will not be liable for compensation for service unavailability caused by the following reasons:
3.3.1 Network, equipment failures, or configuration changes outside of DianLe’s equipment;
3.3.2 Attacks on your applications by hackers;
3.3.3 Loss or leakage of data, credentials, passwords, etc., due to improper maintenance or confidentiality practices on your part;
3.3.4 Service unavailability caused by your negligence or actions authorized by you;
3.3.5 Non-compliance with DianLe’s product usage documentation or recommendations, such as server shutdowns, restarts, or cloud disk unmounting via console, API, or CLI, resulting in unavailability;
3.3.6 Unavailability due to data loss risk associated with local disk storage (e.g., damage to local disk devices, instance crashes) when relying on local disk data;
3.3.7 Errors in the server caused by software installed by you or other third-party software or configurations;
3.3.8 Suspension or termination of service due to your violation of the “Cloud Server Sales Terms and Conditions” or suspension of service or release of servers due to non-payment;
3.3.9 Short-term service interruptions caused by DianLe’s normal maintenance and upgrades of servers as described in the “Cloud Server Sales Terms and Conditions”;
3.3.10 Force majeure events.
3.4 DianLe's failure to exercise any right or to act with respect to your breach shall not be deemed a waiver of such right or a waiver of DianLe's right to act with respect to subsequent or similar breaches.
3.5 If any provision of this Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction, the validity or enforceability of the remaining provisions of these Terms shall remain in full force and effect.
