AweRay User License Agreement
Welcome to the website of AWERAY LIMITED ("AweRay" or "We") and follow our products and services.
Those under 18 should read this agreement accompanied by the statutory guardian.
Article 1 Registration, Use and Safety of Accounts
1-1 Account description
1-1-1 "AweRay Account" is an identification service operated by AweRay that makes it easy to log in to AweRay-related service websites and conduct e-commerce transactions on those websites.
1-2 Registration qualification
1-2-1 You confirm that, when you complete the registration procedure or actually use our products and services in other ways allowed by AweRay, you should be the natural person, legal person or other organizations (hereinafter referred to as "you") with full capacity for civil rights and full capacity for civil conduct.
1-2-2 If you are a minor or a person with limited capacity for civil conduct, you do not possess the aforementioned subject qualification, and you and your guardian shall bear all the consequences of your improper registration.
1-3 Account registration
1-3-1 Upon completion of the registration process by filling in the information, reading and agreeing to the terms of this Agreement according to the prompt on registration page, you may obtain an AweRay Account and become an AweRay User.
1-3-2 The account number you set up or confirmed at the time of registration and the password you set up will become your account (account number and password are collectively referred to as "account") after successful registration.
1-3-3 Your account shall not violate the laws and regulations of Hong Kong and the management norms of AweRay, otherwise AweRay shall have the right to cancel your account upon notice to you.
1-3-4 AweRay may require you to provide additional identification and information for the launch and use of certain software, products or services, to perform further authentication or qualification, after which your account will be eligible to use the relevant software, products or services.
1-3-5 You should provide and update your account information in a timely manner, as required by law and regulations or reminders on the appropriate page. If the account information provided by you does not meet the requirements of laws and regulations or AweRay management specifications, AweRay may send you inquiries and/or notices requesting corrections, and you shall provide or update the relevant information in cooperation with you as required. Otherwise, you will bear the consequences and losses of being able not to use your AweRay account (unsuccessful registration, account blocked, cancelled) or in the course of using it.
1-3-6 Upon becoming an AweRay user, you request invoices for the purchase of software, products and services from AWERAY LIMITED, and you undertake to: All information provided in the application invoice is true, trustworthy and complete. In case of any falsehood, the applicant shall bear corresponding legal liabilities.
1-3-7 You understand and agree that AweRay may prompt you for the next step or return visit through such ways as Email, in-site messaging, text messaging, telephone, system information and instant messaging to ensure that you have a more comfortable experience logging on to the AweRay website, installing, using software, products and services.
1-4 Use and Security of Accounts
1-4-1 The AweRay password should be set by yourself. You agree to keep all your passwords safe. AweRay does not maintain a database of user passwords, so if you do not keep your password and account information confidential, you will be responsible for the consequences. In addition, you are solely responsible for any activities carried out with your account. AweRay is not liable for any loss of you incurred by others’ using of your password, account, or public/private key, whether or not you are aware of it. However, you are liable for any loss to AweRay or the other party caused by the use of your password, account, or public/private key (whether you know it or not). You agree to immediately report to AweRay any unauthorized use of your account, or any suspected security breach, if known to you, including any act that you believe your password or account information has been stolen or that you are under other security threat.
1-4-2 You need to take specific measures to protect the security of all types of software you download from AweRay, including, but not limited to, keeping your software and passwords safe, installing antivirus trojan software, and changing your passwords periodically.
1-4-3 After losing or forgetting the password of AweRay account, the user must comply with AweRay's complaint channel to request the account number to be retrieved in a timely manner. Users should provide the personal password protection information that increases account security. Users can apply to AweRay for the account retrieval based on their initial registration data and personal password protection information. AweRay's password recovery mechanism is only responsible for identifying the correctness of the information on the complaint form and the information recorded in the system. It is not possible to identify whether the complainant is the true user of the account. AweRay shall not be liable for any loss caused by any complaint made by another person in the name of you, and the user knows that the responsibility for keeping the AweRay account number and password lying with the user. AweRay does not promise that the user will be able to recover the account number through complaint after the loss or forgetting of the password of the AweRay account.
Article 2 Freezing, Cancellation and Appeal of Accounts
2-1 Freezing of accounts
Your AweRay account (all or part of the permissions or functionality) may be frozen if one of the following conditions occurs, and AweRay would notify you through such ways as E-mail, in-site messaging, text messaging, phone calls, system information, and instant messaging：
2-1-1 Violating applicable laws, regulations, policies, management norms of AweRay and provisions of this Agreement;
2-1-2 You have been complained by others, and the other party has provided relevant legal enforcement documents to freeze the account, but you have failed to provide evidence to the contrary as required by us;
2-1-3 AweRay judges that your account operation is abnormal according to reasonable analysis and abnormal entry, consumption or exchange occurs;
2-1-4 The person you propose to freeze without your authorization using your AweRay account number and password, and at the same time you are able to provide evidence confirming that the account is legally held by you;
2-1-5 Freezing as requested by the relevant institutions;
2-2 Cancellation of accounts
2-2-1 AweRay cooperates in canceling your account at the request of the related Hong Kong authority. AweRay would notify you through such ways as E-mail, in-site messaging, text messaging, phone calls, system information, and instant messagingAweRay;
2-2-2 If you notify our after-sales personnel by email that you want to cancel the account, and you can provide AweRay with proof that the account is legally held by you, AweRay shall assist you in completing the cancellation;
In the event of the occurrence of Articles 2-1 and 2-2, you shall promptly pay attention to them and follow up the complaint in accordance with the procedures;
2-3-1 For the sake of your account security, you shall cooperate with and truthfully provide AweRay with the required identification and relevant supporting information through the grievance process for verification by AweRay. You should fully understand that your complaint is not necessarily admissible and that AweRay has the right to decide whether or not to grant your complaint;
2-3-2 You understand and agree that AweRay has the right to freeze the account and to restrict some or all of the functions of the account for a prolonged period of time if you refuse to provide true identification and relevant information, or if you fail to pass AweRay's review;
Article 3 Protection of privacy and personal information
Your trust is important to AweRay. AweRay is aware of the importance of user information security, and AweRay will take security measures to ensure that your user information is secure and controllable, as required by law and regulation.
Article 4 Intellectual Property Rights Statement
4-1 The "Software" referred to in this Agreement (hereinafter referred to as the "Software") is developed and owned by AweRay. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the software, as well as all information related to the software, including but not limited to: Written expression and its combination, icon, graphic, diagrams, colors, interface designs, layout frames, relevant data, printed materials, or electronic documents are protected by Laws of Hong Kong, the relevant international treaties, and other intellectual property laws and regulations, and AweRay shall enjoy the above intellectual property rights except for software or technology licensed by third parties.
4-2 Some software products include the main control terminal and the controlled terminal. Only after the controlled terminal is installed in the remote computer, can the remote management be carried out in the main controlled terminal. If you run or install the server program by illegal means without the consent of the controlled computer, you shall bear full responsibility for all the consequences caused.
4-3 You may not, without AweRay's written consent, commit, exploit, transfer or license any of the above intellectual property rights to any third party for any profit or non-profit purpose, and AweRay reserves the right to pursue such unlicensed acts.
Article 5 Norms and Scope of Liability
5-1 You understand and agree that you shall be liable for any third party claims arising out of your use of AweRay's products and services, breach of the terms of this Agreement or any action taken under your account. In the event that AweRay and its affiliates, employees, customers and partners are claimed by third parties as a result thereof, you shall be liable to settle and indemnify AweRay and its affiliates against all losses and liabilities arising therefrom.
5-2 To the extent permitted by applicable law, AweRay shall not be liable for any indirect, punitive, special, derivative or consequential damages arising in connection with or arising out of the terms of this Agreement.
5-3 AweRay hereby reminds you that during the installation and use of AweRay software, products and services, you shall abide applicable laws , shall not endanger the network security, and shall not use AweRay software, products and services to engage in activities that infringe upon the reputation, privacy, intellectual property and other lawful rights and interests of others. AweRay assumes no liability for any violation or breach of the law with respect to your use of the AweRay software, products and services.
5-4 This Agreement applies to all software and services provided by AweRay that require registration or use;
5-5 You are entitled to the software installations, products and services provided by AweRay through the AweRay website. You shall also perform and comply with separate agreements for the timely payment of and compliance with the products and services in accordance with this Agreement and the terms and conditions identified by you in connection with the purchase of the specific software, products and services;
5-6 You purchase the Internet application services provided by AWERAY LIMITED and receive relevant technical and network support services.
Article 6 The Rights and Obligations of Both Parties
6-1 Your Rights and obligations
6-1-1 You enjoy the Internet application services provided by AweRay; you should prepare your own hardware and software tools for Internet access, including computers, modems, software and settings or other Internet access devices, and bear your own telephone bills, network service charges and other related costs for Internet access.
6-1-2 You have the right to supervise AweRay and AweRay's staff during the use of AweRay's products and services and to provide you with products and services in accordance with the standards published by AweRay, or to make comments and suggestions to AweRay regarding AweRay's products and services at any time.
6-1-3 You shall ensure that you notify AweRay in writing within three days from the date of any change in the user information during your acceptance of the AweRay Internet application service; if you fail to fulfill your obligation to notify as mentioned above, you shall be liable for the losses incurred therefrom.
6-1-4 You undertake not to:
6-1-4-1 Use the Internet application services provided by AweRay to distribute unwelcome e-mails, advertisements and other SPAM or publish content involving 5-1-4;
6-1-4-2 Use Internet application services provided by AweRay to interfere with or disrupt AweRay's network services or the normal use of other users;
6-1-4-3 Other acts that exceed the scope of the services provided by AweRay and may have any adverse effect on AweRay or are prohibited by the State.
6-1-4-4 You shall not copy, change, modify, mount run or create any derivative works of AweRay software or the data released into the memory of any computer terminal during the operation of the software, or the interactive data between the client and the server during the operation of the software, in the form including, but not limited to, the use of plug-ins, add-ons or unauthorized third party tools/services to access the software and related systems.
6-1-5 You may not use the AweRay Internet application to store, distribute, or transmit the following information or content: Any content (information) that violates the laws, regulations and policies ofHong Kong; Political propaganda and/or public information in violation of State regulations; Information relating to State secrets and/or security; Superstitious and/or obscene, pornographic, indecent information and instigation to commit a crime; Lottery, gambling games; Information contrary to the religious policy of Hong Kong; Information that hinders the safe operation of the Internet; Information that infringes upon the legitimate rights and interests of others and/or other information or content that is detrimental to social order, public order, public morals, and links containing the above content. You acknowledge that AweRay has the right to determine, at AweRay's discretion, whether or not any content posted by user constitutes a breach of the Terms of Service or regulations. You undertake to make adjustments upon receipt of AweRay's notice to comply with regulations or the terms of this Agreement, otherwise AweRay shall have the right to terminate the use of the products and services under the terms of this Agreement.
6-1-6 You undertake to abide laws and regulations of Hong Kongand international agreements, regulations, procedures and practices relating to the Internet and e-mail. In particular, you undertake not to distribute spam, chain mail, or any commercial, non-commercial mail without the prior consent of the addressee using the Internet application provided by AweRay.
6-1-7 You are fully liable to AweRay or any third party for the consequences of any conduct or breach of 6-1-4, 6-1-5 and/or 6-1-6 and for any impact on the content of any information published or transmitted. You agree that the occurrence of the above event has nothing to do with AweRay and that AweRay shall not be liable or liable to any third party.
6-1-8 You have the account number and password for the Internet application services provided by AweRay; You are responsible for the use of your account number and password and the security of your account number and password. You shall be responsible for all losses and consequences arising from the disclosure of your account number and password due to your failure to properly keep or improperly use your account number and password.
6-1-9 You have the right to use its Internet applications independently and are fully responsible for all content and activities carried out and events occurring in its Internet application account.
6-1-10 You shall provide AweRay with the names and contact details of the contact persons and administrators of the user in connection with the execution of the terms of this Agreement and shall render the necessary assistance, and you shall bear all consequences arising from the acts or omissions of the above-mentioned persons.
6-1-11 You acknowledge that any information, technology or technical support, software, services, etc. provided to you by AweRay are the intellectual property of AweRay and that you do not have the right to copy, distribute, assign, license or otherwise make available to others the use of such resources, otherwise you are liable accordingly.
6-1-12 You shall not interfere with AweRay's normal provision of products and services, including, but not limited to:
6-1-12-1 Attack and invade AweRay's server or server-side programs or overload the server;
6-1-12-2 Crack and modify the client program provided by AweRay;
6-1-12-3 Exploit vulnerabilities and bugs in programs to disrupt the proper functioning of software products or to propagate the vulnerability or bug;
6-1-12-4 Unreasonably interferes with or prevents others from using the products and services provided by AweRay;
6-1-12-5 Use the Internet application services provided by AweRay to distribute SPAM such as unwanted e-mails, advertisements, etc.
6-1-13 If you need help from AweRay, you must provide registration information. If AweRay cannot confirm your identity and account number due to unknown information, it cannot provide corresponding help, and all consequences arising therefrom shall be borne by you
6-1-14 You shall keep AweRay's technical information confidential, and AweRay shall not disclose your name, e-mail address, electronic mailboxaccount number or telephone number. Unless:
6-1-14-1 You specifically request or agree that AweRay disclose this information to third parties via email services. AweRay safeguards your personal interests on the basis of good faith;
6-1-15 As a condition of your use of the "AweRay Account" products and services, you shall not use the "AweRay Account" products and services for any purpose that is illegal or prohibited by this Agreement. You shall not in any way damage, disable, overload or disrupt the products and services of the "AweRay Account" or interfere with the use and enjoyment of the "AweRay Account" products and services by any other party when using the "AweRay Account" products and services. You may not attempt unauthorized access to any "AweRay Account", computer system, or network associated with "AweRay Account" products and services. You may not obtain or attempt to obtain in any way any data or information that is not intended to be provided through the "AweRay Account" products and services.
6-1-16 The software referred to in the preceding article, like most Internet software, including but not limited to your reasons, the quality of network service, social environment and other factors may be affected by various security issues, such as the use of your information by others, resulting in real-life harassment; Other software you download and install or other websites you visit, contain viruses such as "Trojan horses" that threaten the security of your computer's information and data, and then affect the normal use of AweRay's "software", among other things. You should strengthen protection awareness of information security and user data, and pay attention to strengthening password protection, to avoid losses and harassment.
6-1-17 Any other software developed and officially released without AweRay or the authorization of AweRay that is derived from the software referred to above is illegal, and downloading, installing, or using such software may result in unforeseen risks, and all legal liabilities and disputes arising therefrom shall not be attributable to AweRay. You may not download, install or use the software; otherwise AweRay reserves the right to terminate your use of AweRay software unilaterally without prior notice to you.
6-1-18 You may not use the AweRay "Software" by any other means developed without AweRay's authorization, including, but not limited to, illegal compatible software, programs, or other means not expressly licensed by AweRay, otherwise AweRay shall have the right to unilaterally terminate the use of the AweRay "Software" by user without prior notice to you.
6-1-19 You agree that the AweRay "Software" will use its reasonable efforts to protect the privacy and integrity of your computer resources and computer communications, but you acknowledge and agree that AweRay cannot provide any warranty in this regard.
6-1-20 If there is any dispute or controversy between you and AweRay, it is necessary to firstly solve it through friendly negotiation; If negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the courts in Hong Kong.
6-2 AweRay's Rights and Obligations
6-2-1 AweRay provides you with Internet application services and performs daily maintenance of Internet applications. Such daily maintenance does not include data backup work. You will be responsible for data backup work within Internet applications.
6-2-2 AweRay provides you with instructions and relevant consultation on the use of Internet application services.
6-2-3 Reserves the right to terminate the operation of your site for breach of 6-1-4, 6-1-5, 6-1-6. At the same time, AweRay shall not be liable for the consequences arising from your conduct or violation of 6-1-4, 6-1-5 and/or 6-1-6 and for the problems arising from the use of Internet applications and the impact on the content of the information published and transmitted.
6-2-4 Eliminate malfunctions arising from your unartificial operations, except for your cause and/or force majeure and matters beyond the control of AweRay.
6-2-5 Collection of relevant fees and other fees payable in accordance with regulations.
6-2-6 AweRay warrants that it will not disclose, edit or reveal to third parties information in the User's Internet Application Account, or transmit content, except in the following cases:
6-2-6-1 According to the requirements of the security, judicial, public security and other competent authorities of Hong Kong;
6-2-6-2 To safeguard the lawful rights and interests of AweRay and other AweRay users;
6-2-6-3 To maintain the public safety of the network in case of emergencies;
6-2-6-4 You agree that AweRay shall disclose, edit or reveal the content to third parties;
6-2-6-5 That can be provided in accordance with terms of this agreement or other service agreements, contract, online terms and conditions between you and AweRay;
6-2-6-6 The confidential information is publicly available or accessible from the public domain, provided that the confidential information is in breach of its obligations under the terms of this Agreement.
6-2-7 AweRay reserves the right to amend this Agreement and the AweRay service rules from time to time in accordance with the changes in the relevant laws and regulations of Hong Kong, the development of the Internet and the adjustment of the company's business conditions and business strategies, taking into account the changing circumstances of AweRay itself, its users and the market. In the event of any change in the terms and conditions of the AweRay Agreement and the rules of service, AweRay will publish on the Home Page of the official website the facts of the amendment, addition or deletion without further notice to you individually, and the updated Agreement shall take effect from the time it is posted on the AweRay website. In the event of a dispute, the latest terms and conditions of the agreement and the rules of service shall prevail. If you do not agree with the changes, you can cancel the products and services you have acquired; If you continue to enjoy the products and services, you will be deemed to have accepted the variation of the terms of this Agreement and will not be entitled to any compensation or indemnity as a result thereof.
6-2-8 AweRay reserves the right to adjust the product service system and price system according to the market conditions, and to notify the adjustment information by means of website publication. The updated information shall take effect from the time of publication on the AweRay website or notification by Email and AweRay shall not notify the above-mentioned changes except in special circumstances.
6-2-9 AweRay has that right to identify you as an AweRay user. You agree that AweRay may use any logo and/or name associated with you on AweRay website and in other materials in order to certify that you are an AweRay user.
6-2-10 AweRay reserves the right to replace, modify and upgrade the AweRay software: AweRay reserves the right to replace, modify, and upgrade versions of the AweRay "software" at any time andto charge fees for such replacement, modification, or upgrade. AweRay "software" opens the "Upgrade Prompt" function for you acquiescently, and you can AweRaychoose to enable such function or not depending on your software version. AweRay does not warrant the availability of old version after the release of the new version. AweRay reserves the right to unilaterally change or limit some functionality of the software due to business development needs, and you shall bear the risk incurred by such change or limit.
6-2-11 AweRay reserves the right to place advertisements and promotional messages that may appear in the form of system messages or pop-up windows during your access to the AweRay web page and during your use of the AweRay software.
6-2-12 AweRay "software" may use third party software or technology that is legally licensed. Any dispute arising out of third party software or technology used by AweRay "software" shall be resolved by such third party and AweRay shall not be liable for any such dispute. AweRay does not provide customer service support for this third-party software or technology. If you need support, please contact this third party.
6-2-13 AweRay "software" may cooperate with third parties to provide users with related web services, in which case, if the third party agrees to assume the same responsibility of protecting the privacy of users with our company, the company has the right to provide your registration information and other available information to the third party.
6-2-14 You agree not to initiate or participate in any class action proceedings against AweRay or any of its employees. You agree not to institute legal proceedings against the contents of these terms for a period of two years after the expiration of these terms. AweRay's failure to exercise some or all of its rights does not prevent it from continuing to exercise that right. AweRay's waiver of liability for a violation shall not be construed as a waiver by AweRay of liability for subsequent similar or other regulations under these provisions. These provisions provide that any compensation to AweRay shall not preclude other compensation and that compensation shall continue to accrue in addition to other compensation provided for by law or equity.
6-2-15 The AweRay account is owned by AweRay and you are granted the right to use the AweRay account after you have completed the registration process.
6-2-16 The right to use the AweRay account belongs to the initial applicant only. Gift, borrowings, leases, assignments or sales are prohibited. If AweRay discovers that the user is not the original account registrant, AweRay shall have the right to recall the account without notice and without legal liability to the account user, and the resulting loss shall not be limited to the communication disruption of the user, emptying of the user's data and other materials, which the user shall bear. AweRay shall prohibit the user from transferring the account number privately, whether paid or not, in order to avoid disputes arising from the account number. The user shall bear any losses incurred as a result of violating this requirement, and AweRay reserves the right to pursue the legal liability of the above-mentioned perpetrators.
6-2-17 AweRay would appreciate your feedback and suggestions regarding the "AweRay Account" Service so that we can continually improve our service for you and other customers. When you submit feedback and suggestions, understand that AweRay needs to have full access to your feedback and suggestions and that there should be no obstacles. Notably, by submitting your feedback or suggestions to AweRay on the "AweRay Account" Service, you warrant and declare that you have or otherwise control the rights necessary to do so, and you authorize AweRay and its affiliates to:
Use, alter, copy, disseminate, transmit, publicly exhibit, publicly run, reproduce, publish, sublicense, create derivatives thereof, transmit or sell any such feedback or suggestions; And authorize third parties to exercise any of the foregoing rights with respect to feedback or advice without restriction.
Such authority includes the authority to develop any proprietary rights in such feedback or suggestions, including, but not limited to, copyright, trademarks, service permission or patent law authority in any relevant jurisdiction. AweRay does not compensate for the use of information contained in such feedback or suggestions. AweRay is not obligated to post or use any submissions that you may provide and may delete any submissions at any time at its sole discretion.
Nor does this section apply to any documents, information, or other data that you upload, transmit, or otherwise submit or participate in the sites and services through any "AweRay Account". Please refer to the terms and conditions of such "AweRay Account" participation sites and services to determine the rights of the website or service provider to such documentation, information and/or data.
Article 7 Expenses and payment method
Before you get the AweRay products and Internet application services, you will pay the fees to AweRay by online payment, bank payment and so on.
7-2 AweRay is obligated to provide you with invoices upon receipt of payment, and you shall promptly inform AweRay of the necessary information in accordance with the relevant invoicing laws and AweRay's requirements. You promise: All information provided in the application invoice is true, trustworthy and complete. In case of any falsehood, the applicant shall bear corresponding legal liabilities.
7-3 Payment Details: Payment/consumption details of AweRay account number shall prevail.
7-4 Recurring billing, cancel anytime.
7-4-1 Apple Store：
A subscriptions purchased from the app will be charged to your iTunes account and will automatically renew within 24 hours prior to the end of the current subscription period, unless auto-renewal is turned off, after purchase, go to your iTunes account settings. A subscription cannot be cancelled during the active subscription period.
7-4-2 Google Play：
A subscriptions purchased from the app will be charged in your Google account, unless you cancel the automatic subscription feature. To cancel, manually cancel the subscription in the Google Play Store Management Subscription.
Article 8 Terms of Validity
8-1 The validity period is calculated from the date you apply to open the Internet application service provided by AweRay on the AweRay website and is based on the amount of the payment.
8-2 The period of service shall be calculated in accordance with the following circumstance:
8-2-1 In case both parties have reached to an agreement through consultation to change;
8-2-2 If you violate these Terms of Service herein, AweRay would terminate the service prematurely;
8-2-3 Other time limit stipulated in the Terms of Service or stipulated by laws and regulations.
Article 9 Service termination and liability for breach of contract
9-1 If you want to terminate the service in advance during the service period, you should notify AweRay one month in advance, and any fees you have paid are not refundable. If you terminate these Terms of Service without authorization, you shall be liable for any damages caused to AweRay.
9-2 AweRay may terminate the service early upon notice to you due to your fault, breach of law, or breach of this Agreement.
9-3 In the event of breach of your obligations or warranties/undertakings under this Agreement, AweRay shall have the right to terminate your Internet Application Services without refund of any amount paid by you, and you shall be liable for any loss incurred.
9-4 If you fail to pay the renewal amount upon expiration of the service, AweRay shall have the right to stop your service after the expiration of the service period, and all the losses arising therefrom shall be borne by you
9-5 You may renew or purchase other services at your own discretion during or after the service period.
9-6 AweRay needs a short time to interrupt service when configuring and maintaining the server, or the Internet application cannot be used normally for a short time due to the blockage of the Internet access, which is normal and not the responsibility of AweRay.
9-7 AweRay will reimburse you on a day-by-day basis if AweRay is unable to provide you with normal services due to AweRay's reason. If AweRay is unable to provide normal service for 72 consecutive hours, you may terminate the service and claim damages, except for reasons beyond AweRay's control. The total amount of compensation shall be limited to the service fee you have paid for the current month.
9-8 Notwithstanding the suspension or termination of this Agreement for any reason, you shall be fully and independently liable for any indemnities and liabilities arising out of acts performed prior to the suspension or termination of this Agreement.
Article 10 Dispute Settlement
10-1 All disputes relating to these Terms of Service shall be settled through friendly negotiation between the parties. If negotiation fails, both parties agree to institute legal proceedings in Hong Kong courts.
Article 11 Force Majeure and Other Events
11-1 If the performance of the provisions of this Agreement is impossible, unnecessary or meaningless due to force majeure or other unforeseen events, the party suffering from force majeure and accident shall not be liable.
11-2 Force majeure and accident refer to the objective events that can not be foreseen, can not be overcome and can not be avoided and have a significant impact on one or both parties, including but not limited to power supply failures, communication network malfunctions and other public service factors, as well as natural disasters such as floods, earthquakes, epidemics and social events such as wars, turmoil, government acts, etc.
11-3 In view of the particularity of computers and the Internet, AweRay shall not be liable for losses caused to users or third parties due to non-AweRay reasons such as Y2K problems, hacker problems, technical adjustments of telecommunications departments and government regulation, disruption of Internet connectivity or system failure.
Article 12 Links to Third-party Sites
Article 13 Other Agreements
13-1 If the relevant clauses are deemed invalid by the authorities, it shall not affect the validity of the other clauses, the interpretation of this Agreement, the liability for breach of contract and the validity of relevant agreements on dispute resolution.
13-2 The provisions of this Agreement shall be governed by the laws and regulations of Hong Kong.
13-3 Either party shall have the obligation to keep confidential the trade secrets of the other party (including but not limited to business and technical secrets, source codes, databases, etc.).
13-4 If either party changes the notification, mailing address or other contact information, it shall notify the other party of the changed address and contact information within one month from the date of such change; otherwise the changing party shall be liable for all the consequences incurred thereof.
13-5 You agree that AweRay may assign its rights and/or obligations to the appropriate AweRay rights/obligations recipient to AweRay's listing, being acquired, merger with a third party, name changing, etc.
13-6 In case of any inconsistency or contradiction between the terms and conditions of the Application Service or the terms and conditions previously signed by both parties or the statements of AweRay, the said terms and conditions shall prevail.
13-8 AweRay's service descriptions, price descriptions, application forms, etc. of the Internet Application Services provided on the relevant pages are an integral part of these terms and conditions.
13-9 Management Standards for Overdue Unclaimed/Unconsumed Accounts
Given the large number of long unclaimed and unexpended accounts in AweRay's registered account that AweRay was unable to notify you, additional maintenance and administration costs have been incurred for AweRay and have had an impact on the company's operations. Therefore, AweRay will regulate such accounts as follows:
If your account exceeds the account balance that has not been consumed for 18 months, AweRay will freeze the account balance. If you need to spend with this balance, you need to contact AweRay customer service to reactivate this account balance.
Attachment: Letter of Commitment of Network Information Security
Letter of Commitment of Network Information Security
I (the Company) make a solemn commitment to abide by the provisions in the letter of commitment. I (the Company) will undertake all the civil, administrative and criminal responsibilities arising from violating the provisions.
I. I (the Company) promise to abide by the provisions of the laws and regulations and administrative rules of Hong Kong.
II. I (the Company) promise not to violate social and collective interests and legal interests of the third party and be engaged in illegal criminal activities.
III. I (the Company) promise to manage the information security of my (the Company's) website, in strict accordance with relevant laws and regulations of Hong Kong .
IV. I (the Company) promise to perfect various network security management systems and implement various safety protection technology measures.
V. I (the Company) undertake not to produce, reproduce, consult and disseminate the following information: 1. Opposition to the cardinal principles specified in the Basic Law ; 2. Instigating national animosity and discrimination and damaging national unity; 3. Damaging religious policy, propagating heresy and feudal superstition; 4. Spreading rumors, disturbing social order and destroying social stability; 5. Spreading obscenity, pornography, gambling, violence, murder, terrorism or abetting the crime; 6. Insulting or slandering others, infringing the legal interest of others; 7. Including other contents prohibited in laws and administrative regulations.
VI. I (the Company) undertake not to engage in the following activities that endanger the security of computer information network: 1. Entering into the computer information network or using network resources without consent; 2. Deleting, modifying or adding the function of computer information network without consent; 3. Deleting, modifying or adding the data stored or transmitted in the computer information network and the application program without consent; 4. Making or spreading computer virus and other destructive programs; 5. Other activities damaging computer information network safety.
VII. For the important safety accidents of computer information system, I (the Company) promise to take emergency measures, keep original records, report to the government supervision department within 24 hours and notify your unit in written form.
VIII. I (the Company) shall undertake the legal responsibilities for the behavior in violation of the clauses and related laws and regulations and pay for the property loss directly. Your organization has the right to stop the service.