host protocol¶
Version Effective Date January 1, 2020
TIP TERMS
You are welcome to sign this "Gpushare Cloud together with the Gpushare Cloud host service provider (see the definition and terms for details). .com){target="_blank"} Host Service Agreement" (hereinafter referred to as "this Agreement") and use the Gpushare Cloud host service!
Before you use Gpushare Cloud host service (hereinafter referred to as "this service"), you should read and agree to abide by this agreement (hereinafter referred to as "this service") "Agreement"), This agreement includes the text of the agreement and all Gpushare Cloud related rules (see the definition terms for details).
From the date of publication of this agreement, Gpushare Cloud referred to as "Gpushare Cloud Gpushare Cloud in the {target="_blank"} Platform Service Agreement" refers to this agreement.
The index keywords listed in the front of each terms of service are only used to help you understand the subject matter expressed by the terms, and do not affect or limit the meaning or interpretation of the terms of this agreement. In order to protect your own rights and interests, it is recommended that you carefully read the specific expressions of each clause.
【Read carefully】Before you click to agree to this agreement in the process of applying for the qualification as a host, you should carefully read the entire contents of this agreement (especially the terms of exemption or limitation of liability, termination of the agreement, liability for breach of contract, dispute resolution, etc. Bold underlined terms). If you have any questions about the agreement, you can consult Gpushare Cloud customer service, Gpushare Cloud will explain the terms to you.
[Signing action] When you click to sign this agreement online, it means that you have fully read, understood and accepted the entire content of this agreement, and this agreement is between you and [Gpushare Cloud] (https://int.gpushare.com ){target="_blank"} is legally binding. If you do not agree with any content of this agreement or cannot accurately understand the meaning and interpretation of the terms, please immediately stop applying for the qualification of the owner or stop the business activities of the owner.
1. Definition¶
Gpushare Cloud : means provided by Gpushare Cloud The platform website for Internet information services and related software and technical support (website: www.gpushare.com or Gpushare Cloud may be modified from time to time according to business needs, including computer or mobile device Internet URL, etc.) and client (such as WeChat public account, etc.).
Host: refers to the legal entity that operates the machine or service on Gpushare Cloud, which may also be referred to as "you" in this agreement.
Consumer: refers to any natural person or organization that rents graphics cards or uses graphics card services from Gpushare Cloud, also known as "users" .
Gpushare Cloud Host service provider: including Shanghai Gpushare Cloud Network Technology Co., Ltd., which may also be referred to as " Gpushare Cloud".
Host service: refers to the service provided by Gpushare Cloud in Gpushare Cloud Internet information services and related software services provided to the host.
Rules: Refers to all the rules and implementation rules that have been published and subsequently published in all Gpushare Cloud rules channels, forums, help centers and other sections , interpretation, product process description, announcement, etc.
Same user: If the same identity authentication information is used or the actual controller of multiple accounts is identified as the same person through Gpushare Cloud investigation, all accounts will be regarded as the same person. for the same user.
2. Scope and validity of the agreement¶
2.1 [Scope of Agreement] The content of this agreement includes the text of the agreement and all relevant rules that Gpushare Cloud has been released or subsequently released and notified to you in accordance with the law. Gpushare Cloud Relevant rules are an integral part of this agreement and have the same legal effect as the text of this agreement. If you use the Gpushare Cloud host service, it is deemed that you agree to all the contents of this agreement. Unless otherwise stated or signed an agreement, Gpushare Cloud any expanded service scope for the purpose of enhancing consumer and owner experience, platform service upgrade, etc. Enhancements to software functions are subject to this agreement.
2.2 [Agreement Validity] When you click to sign this agreement online, it means that you have fully read, understood and accepted the entire content of this agreement, and this agreement will be legally binding between you and Gpushare Cloud. If If you do not agree with any content of this agreement, or cannot accurately understand the meaning of the terms or Gpushare Cloud's interpretation of the terms, you should immediately end the owner qualification application process or stop the owner's business activities. This agreement is a supplementary agreement to the "Gpushare Cloud Platform Service Agreement". For the content not stipulated in this agreement, the "Gpushare Cloud Platform Service Agreement" shall prevail; this agreement is inconsistent with the "Gpushare Cloud Platform Service Agreement" , this Agreement shall prevail.
3. Host service and specification¶
3.1 Account use and information submission
3.1.1 [Account usage] You must use the Gpushare Cloud platform account to log in to Gpushare Cloud , you should keep your account and password information properly. Since your account is associated with your personal information and Gpushare Cloud business information, your account is limited to your own use. Without the consent of Gpushare Cloud, your act of directly or indirectly authorizing a third party to use your Gpushare Cloud account or obtain information under your account is invalid. Except for the fault of Gpushare Cloud, you should be responsible for all behavior results under your account (such as signing agreements online, publishing and disclosing information, etc.), and the behaviors completed through your account are regarded as your own behavior or have been fully authorized by you . If Gpushare Cloud determines that the use of your account may endanger your account security and / or Gpushare Cloud platform information is safe, Gpushare Cloud can refuse to provide corresponding services or terminate this agreement.
3.1.2 [Information Submission] If you want to use the services under this agreement, you must comply with relevant laws and regulations, relevant rules of Gpushare Cloud, page prompts, etc. Submit relevant information and supporting documents. You understand and agree that you are obliged to ensure that the information and materials you provide are true, legal, accurate and valid, and must be updated in time if there is any change. Based on relevant laws and regulations, platform management and other requirements, you agree that Gpushare Cloud may conduct random checks on the information and supporting documents you submit and require you to submit more information or supporting documents for the aforementioned purposes. You understand and agree that Gpushare Cloud only reviews applications for host information, certification documents, store creation, category publishing permissions, etc. at the general awareness level of the public. Unless otherwise stipulated by law, Gpushare Cloud We are not responsible for any loss caused by relying on the review results.
3.2 Owner management
3.2.1 [Host Qualification] After passing the host qualification review in Gpushare Cloud, you can publish the computing power machine and share it with others Users make deals. Based on the management needs of Gpushare Cloud, you understand and agree that the same user is in Gpushare Cloud {target="_blank"} can only open one store, Gpushare Cloud can close your store in Gpushare Cloud. com){target="_blank"} other stores opened at the same time, unless otherwise stipulated by the relevant rules of Gpushare Cloud.
3.2.2 [Change of account subject]After you obtain the qualification of the host, your account shall not be transferred in any way, otherwise Gpushare Cloud may terminate the provision of services to this account and have the right to pursue your liability for breach of contract, and you shall be solely responsible for the resulting responsibilities and consequences.
3.2.3 [Termination of Owner Qualification] If you remove all devices from the shelf, You should continue to undertake transaction protection responsibilities such as rights protection and complaint handling for transactions that have been reached before you remove them from the shelves. If your account has no products for sale within a certain period, Gpushare Cloud can also be based on Gpushare Cloud rule terminates your host qualification. The termination of qualification according to the above agreement will not affect your accumulated credit.
3.3 Sales and promotion of machines
3.3.1 [Commodity and/or service information release] Through the services provided by Gpushare Cloud, you have the right to release machines on the Gpushare Cloud platform, And reach lease transactions with users. You declare and warrant that you have corresponding and legal rights to the machine you publish, that the machine you publish and the actions you implement comply with relevant laws and regulations, national mandatory standards and this agreement, and you are responsible for the management of the machine Obligation, the information in your machine that violates the relevant national laws and regulations and this agreement should be deleted immediately, otherwise, Gpushare Cloud can forcefully remove, delete or block the machine you publish in accordance with the law or this agreement.
3.3.2 [Prohibited Information] You should ensure that the machines and offers you publish do not contain the following:
(1) Violating the prohibitive provisions of national laws and regulations; (2) Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror or abetting crime; (3) Fraudulent, false, inaccurate or misleading; (4) Infringing the intellectual property rights of others or involving the trade secrets and other proprietary rights of third parties; (5) Insulting, slandering, intimidating, involving others' privacy, etc., infringing upon the legitimate rights and interests of others; (6) There is a possibility of damaging, tampering, deleting, or affecting the normal operation of any system of Gpushare Cloud or unauthorized secret acquisition of Gpushare Cloud ://gpushare.com){target="_blank"} and other users' data, personal data viruses, Trojans, crawlers and other malware, program codes; (7) Other regulations that violate social public interests or public morality or are based on relevant Gpushare Cloud agreements and rules are not suitable for Gpushare Cloud ://gpushare.com){target="_blank"}.
3.3.3 [Scope of Prohibited Sales] You should ensure that you have the corresponding rights to the machines you publish on Gpushare Cloud, you shall not Sell the following machine resources on Gpushare Cloud:
(1) Prohibited or restricted by the state; (2) Infringing the intellectual property rights or other legitimate rights and interests of others; (3) Gpushare Cloud rules, announcements, notices or agreements signed by each platform and you separately have clearly stated that it is not suitable for Gpushare Cloud Source Cloud](https://int.gpushare.com){target="_blank"} sold and/or offered.
Based on Internet-related characteristics, you understand and know that the machines you publish on Gpushare Cloud may be browsed or accessed by consumers in different countries and regions around the world. rent. If you do not expressly indicate that it is only for mainland China, Gpushare Cloud will not interfere with possible cross-border sales. In this case, you must pay careful attention to the relevant laws, taxation and other regulations of the relevant countries and regions, and ensure that you have the legal rights and qualifications to sell, and will not infringe on the intellectual property rights or other legitimate rights and interests of others.
3.3.4 [Display and Marketing] Gpushare Cloud will pass Gpushare Cloud Display the goods and/or services you sell, and provide users with information classification, filtering and other functions to better match user needs, The corresponding display results may be determined by price, sales, credit evaluation, user demand preference It is determined by a combination of factors such as.
3.3.5 [Transaction Order Guarantee] You should abide by the principle of good faith, ensure the authenticity, stability and reliability of the machines you publish, and earnestly fulfill your transaction commitments during the transaction process. You should maintain the order of healthy competition in the Gpushare Cloud market, and must not belittle or slander competitors, and must not interfere with Gpushare Cloud, shall not enhance or attempt to enhance their own credit in any improper way, and shall not interfere or attempt to interfere with Gpushare Cloud works properly.
3.3.6 [Pay taxes according to law] It is the obligation of every citizen and enterprise to pay taxes according to law. You should declare and pay taxes to the tax authorities in full and in time for the part of sales/turnover exceeding the statutory exemption amount.
3.4 Data use and information authorization, etc.
3.4.1 [General requirements] For the data you generate during the use of this service, Gpushare Cloud respects and protects the data rights of you and other relevant subjects in accordance with the law. On this premise, the relevant rights to the data collected and recorded by Gpushare Cloud during the use of this service and other Gpushare Cloud operations belong to Gpushare Cloud, and are the trade secrets of Gpushare Cloud, < ins> Without the prior written consent of Gpushare Cloud, you shall not use the aforementioned data or provide the aforementioned data to others in any form for purposes other than those stipulated in this agreement.
3.4.2 [Trade Secrets] Gpushare Cloud Respect and protect the owner's business secret information such as the owner's transaction amount. is to promote the main machine, Gpushare Cloud can publicize the total transaction of your event during your participation in the official market event held by Gpushare Cloud Amount, the above information can be used for publicity and promotion.
3.4.3 [Authorized use] To the extent permitted by law, is for the purpose of promotion, and you agree to grant Gpushare Cloud free access to Gpushare Cloud Relevant display and promotion pages will copy all kinds of information (including graphics card types, related configurations, etc.) that you publish on your machine (such as synchronous display on multiple clients), and translate (such as translation to meet the browsing needs of overseas users) and sublicenses to third parties for the purposes and methods described above.
3.4.4 [Data usage] All official products, technologies, software, programs, data and other information (including text) launched by Gpushare Cloud , icons, pictures, photos, audio, video, charts, color combinations, layout designs, etc.) all rights (including copyrights, trademarks, patents, trade secrets and other related rights) are owned by Gpushare Cloud and its affiliates . Except for the data that you have the right to use commercially in accordance with relevant laws, you agree not to make commercial use of any other data on Gpushare Cloud, including but not limited to Without the prior written approval of Gpushare Cloud, use in [Gpushare Cloud] by means of copying, dissemination or disclosure to others. (https://int.gpushare.com){target="_blank"} any material displayed by other users on the site.
3.4.5 [Personal information protection] You must strictly abide by the requirements of relevant laws on network security and data protection. Among them, the information you collect, use and share in the process of machine rental operation involves [Gpushare Cloud] (https ://gpushare.com){target="_blank"} platform users' personal information must follow the principles of legality, legitimacy and necessity, and must not violate the provisions of relevant laws and the agreement between you and the user. If the information you submit to the platform involves sensitive personal information such as a copy of the ID card of the legal representative of the company or its ID number, you guarantee that you have obtained the explicit consent of the relevant personal information subject, and that the purpose and behavior of the relevant use are in line with your wishes and relevant required by law.
3.4.6 [Personal information security]You should take necessary technical measures to ensure data security. When information security risks occur or may occur, you should immediately take remedial measures, notify users in a timely manner and report to relevant competent authorities in accordance with regulations.
4. Fees¶
4.1 Gpushare Cloud pays for the services provided to you by Gpushare Cloud A lot of costs, in addition to Gpushare Cloud express charging business, Gpushare Cloud provides you with services that are currently free. If Gpushare Cloud charges you a reasonable fee in the future, Gpushare Cloud We will take reasonable steps and pass legal procedures in advance within a reasonable period of time and notify you in the manner stipulated in Article 8 of this agreement to ensure that you have the right to fully choose.
5. Limitation of Liability¶
5.1 [Force Majeure and Third-Party Reasons] Gpushare Cloud fulfills the basic guarantee obligations in accordance with the law, but for the obstacles to the performance of the contract caused by the following reasons , performance defects, performance delays or performance changes, etc., Gpushare Cloud does not assume corresponding liability for breach of contract:
(1) due to force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial and administrative orders; (2) due to power supply failure, communication network failure and other public service factors or third-party factors; (3) Under the condition that Gpushare Cloud has been managed in good faith, due to routine or emergency equipment and system maintenance, equipment and system failure, network information and data security.
5.2 [Mass information] In view of the fact that Gpushare Cloud has the characteristics of the existence of a large amount of information, unless otherwise specified by the law, Gpushare Cloud There is no need to review the rental transaction behavior of all owners and users and other matters related to the transaction in advance, but if approved by consumers, regulatory authorities, rights holders, etc. The third party informs Gpushare Cloud or Gpushare Cloud that based on the comprehensive analysis of multi-dimensional big data such as commodities, transactions or stores, and finds that a certain owner’s illegal/improper behavior may violate relevant laws and regulations, this agreement, you acknowledge Gpushare Cloud The reasonable judgment of the relevant content based on the platform-related process based on the general cognition standard of the public, Gpushare Cloud can send an inquiry to the host or a notice for correction according to different situations , or directly delete relevant information, take restrictive measures or stop services on the machines listed by the owner and the qualifications of the owner. Unless Gpushare Cloud has intentional or gross negligence, Gpushare Cloud is exempt from the above judgment.
6. User's breach of contract and handling¶
6.1 Determination of Default If one of the following circumstances occurs, you are deemed to be in breach of contract:
(1) Violating relevant laws and regulations when using Gpushare Cloud host service; (2) Violating the stipulations of this agreement;
In order to adapt to the development of e-commerce and meet the needs of a large number of users for efficient and high-quality services, you understand and agree that Gpushare Cloud can be found in [Gpushare Cloud] Cloud](https://int.gpushare.com){target="_blank"} The relevant rules stipulate the procedures and standards for the determination of breach of contract. For example: Gpushare Cloud can determine whether you constitute a breach of contract based on the relationship between your user data and massive user data; you are obliged to correct your abnormal data Provide sufficient evidence and reasonable explanation for the phenomenon, otherwise it will be deemed a breach of contract.
6.2 Measures to deal with breach of contract
[Behavior Restrictions] Your behavior on Gpushare Cloud, or even if you do not perform on Gpushare Cloud {target="_blank"} but the behavior that affects Gpushare Cloud and its users constitutes a breach of contract, Gpushare Cloud ://gpushare.com){target="_blank"} may delist you from the machine, deduct points from your account, restrict participation in marketing activities, suspend some or all of the services provided to you, and deduct liquidated damages according to the corresponding rules and other treatment measures. If your behavior constitutes a fundamental breach of contract, Gpushare Cloud may seal up your account and terminate the provision of services to you.
[Announcement of processing results] Hengyuanyun can provide you with information on the handling measures for the above-mentioned breach of contract and other legal documents that have been taken into effect by national administrative or judicial organs The confirmed illegal information will be publicized on Gpushare Cloud.
6.3 Liability for compensation
If your behavior causes Gpushare Cloud to suffer losses, you shall perform the compensation liability according to this agreement, and the Gpushare Cloud The losses (if any) suffered by the company include:
(1) reasonable attorney fees, litigation fees, and necessary expenses for eliminating the impact; (2) Fines, liquidated damages or compensation for external expenditures due to administrative penalties, judicial judgments, mediation within the scope of statutory standards, etc.; (3) loss of goodwill, loss of reasonable expected profits (such as loss of consumers, reduction in spending, reduction in consumption frequency and reduction in store operator income, etc.), the specific amount can be independently and reasonably analyzed by a third party, [Gpushare Cloud] (https://int.gpushare.com){target="_blank"} The calculation basis is based on the relevant estimation standards obtained by reasonable analysis of big data and other reasonable methods for calculating gains and losses; (4) other losses suffered as a result. If your behavior causes Gpushare Cloud company to suffer a third party's claim, Gpushare Cloud The company can recover all losses from you after assuming the obligation of monetary payment to the third party. If a third party suffers losses due to your actions or you fail to perform the mediation decision, Gpushare Cloud company protects the public interests or consumers For the purpose of rights protection, you can instruct Alipay to deduct the corresponding amount from your account for payment. If your account balance or margin is insufficient to pay the corresponding amount, you agree to entrust Gpushare Cloud to use its own funds to pay the above amount on your behalf, and you should return the part of the fee and compensate for all the losses caused to Gpushare Cloud.
6.4 Special agreement
[Commercial bribery] If you provide Gpushare Cloud company's employees or consultants, the value in kind, cash, cash equivalents, labor services, tourism, etc. is obviously beyond normal Interests in the field of business negotiation can be regarded as commercial bribery. In the event of the above situation, Gpushare Cloud can immediately terminate all cooperation with you and collect liquidated damages and/or compensation from you. .com){target="_blank"} as a basis for the calculation of the economic loss and loss of goodwill suffered as a result of your bribery.
7. Changes to the Agreement¶
Gpushare Cloud may modify this agreement from time to time in accordance with changes in national laws and regulations and the need to maintain transaction order and protect consumer rights and interests. "Changes") will be notified to you through legal procedures and in the manner stipulated in Article 8 of this Agreement. Once the revision of this agreement takes effect, it will constitute a supplement to the rights and obligations of you and Gpushare Cloud and become a part of this agreement.
If you do not agree with the changes, you have the right to contact Gpushare Cloud for feedback before the effective date of the changes. If the feedback is adopted, Gpushare Cloud will adjust the changes as appropriate.
If you still do not agree with the changes that have taken effect, you should stop using the Gpushare Cloud host service from the date the changes take effect, and the changes will not have effect on you; If you continue to use the Gpushare Cloud host service, it is deemed that you agree to the changes that have taken effect.
8. Notice¶
8.1 Valid contact information When you apply to become the host of Gpushare Cloud and accept the host service of Gpushare Cloud, you should provide Gpushare Cloud with real and effective contact information ( (including your email address, contact number, contact address, etc.), if the contact information changes, you are obliged to update the relevant information in a timely manner and maintain a state where you can be contacted.
When you register a Gpushare Cloud platform user, it is used to log in to Gpushare Cloud platform to receive station messages and system messages, and also serve as your effective contact information.
Gpushare Cloud will send you various notices to one or several of your above-mentioned contact information, and the content of such notices may have a significant favorable or unfavorable impact on your rights and obligations, please Be sure to pay attention in time.
8.2 Delivery of notices
Gpushare Cloud will send you a notice through the above contact information, and the written notice sent electronically, including but not limited to the announcement in Gpushare Cloud, Send SMS to the contact number you provide, send email to the email address you provide, and send Want Want information, system messages, and site letter information to your account, which will be deemed delivered after successful delivery; in paper form Written notices issued shall be deemed to be served on the fifth calendar day after mailing at the provided contact address.
For any disputes arising from trading activities on Gpushare Cloud, you agree that judicial authorities (including but not limited to people's courts) may Send legal documents (including but not limited to litigation documents) to you by modern means of communication such as mail or by post. The mobile phone number, e-mail and other contact information you designate to receive legal documents are the mobile phone number and e-mail you provided when registering or updating in Gpushare Cloud The legal document issued by the judicial authority to the above contact information is deemed to be served. The mailing address you specify is your legal contact address or a valid contact address you provide.
You agree that the judicial authority may use one or more of the above delivery methods to deliver legal documents to you. The judicial authority may deliver legal documents to you by various methods. .
You agree that the above methods of service apply to each stage of the judicial process. Such as entering the proceedings, including but not limited to the first instance, second instance, retrial, enforcement and supervision procedures. You should ensure that the contact information provided is accurate, valid and updated in real time. If the contact information provided is inaccurate, or the changed contact information is not notified in time, the legal documents cannot be delivered or are not delivered in time, you shall be responsible for the legal consequences that may arise therefrom.
9. Termination of the Agreement¶
9.1 Circumstances of termination
[Termination initiated by the owner] You have the right to terminate this agreement in any of the following ways:
(1) Before the changes take effect, you stop using and expressly do not want to accept the changes; (2) You expressly do not want to continue to use the host service and meet the termination conditions of Gpushare Cloud.
[Termination initiated by Gpushare Cloud] In the following circumstances, Gpushare Cloud can notify you to terminate this Agreement in the manner listed in Article 8 of this Agreement :
(1) If you violate this agreement, Gpushare Cloud terminates this agreement according to the breach clause; (2) You embezzle other people's accounts, publish prohibited information, defraud other people's property, sell counterfeit goods, disrupt market order, and use improper means to make profits, etc. Gpushare Cloud seals up your account according to the rules of Gpushare Cloud; (3) In addition to the above circumstances, because you have repeatedly violated the relevant provisions of the Gpushare Cloud rules and the circumstances are serious, Gpushare Cloud seals up your account according to the rules of Gpushare Cloud; (4) Other circumstances in which the service should be terminated.
9.2 Processing after termination of the agreement
[User Information Disclosure]After the termination of this agreement, except as expressly provided by law, Gpushare Cloud is not obligated to report to you or the third party you designate. The third party discloses any information in your account.
[Rights of Gpushare Cloud] After the termination of this agreement, Gpushare Cloud still enjoys the following rights:
(1) Continue to save the various types of information listed in Article 3.4 of this Agreement that you have retained in Gpushare Cloud; (2) For your past breach of contract, Gpushare Cloud can still hold you accountable for breach of contract in accordance with this agreement.
[Transaction processing]After the termination of this agreement, you may notify the counterparty of the transaction and decide whether to close the transaction order according to the wishes of the counterparty for the transaction orders generated by you during the existence of this agreement; if the counterparty requests to continue If it is fulfilled, you shall continue to perform this agreement and the stipulations of the transaction order with respect to such transaction orders, and shall bear any losses or any additional expenses arising therefrom.
10. Applicable Law, Jurisdiction and Others¶
[Applicable Law]The conclusion, entry into force, interpretation, revision, supplement, termination, execution and dispute resolution of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China; if there is no relevant stipulation in the law, business practices and/or industry practices shall be referred to. .
[Jurisdiction] Disputes arising from your use of this service and related to this service shall be resolved by Gpushare Cloud and you. If the negotiation fails, either party may file a lawsuit with the people's court with jurisdiction in the place where the defendant is located.
[Severability] If any clause of this agreement is deemed to be void, invalid or unenforceable, the clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this agreement.