Effective date as of July 19, 2024
1. Service Overview
Thank you for using the cloud storage services provided by HK Stellar Cloud Services Limited (hereinafter referred to as “Stellar” or “we”). The software service contract you intend to sign and all software or services involved in this Service Agreement are collectively referred to as “the Services.” “The Services” refers to the cloud storage services we provide to you, including various online office, file storage, data sharing, and other internet application service products, as well as upgrades and updates to the services and software service products you use during the term of the software service contract. This agreement is jointly concluded by you and Stellar and is contractually binding on both you and Stellar.
You should carefully read this agreement before agreeing to it. Please make sure to read and fully understand the contents of each clause, especially the clauses that exempt or limit liability, the clauses on applicable law, and dispute resolution clauses, which will be identified in bold or underlined for your attention. If you have any questions about the agreement, you can consult customer service or relevant business departments.
2. How to Access the Services
To obtain the services, you should complete the following tasks: register a FileShow account as prompted on the registration page and ensure that the account remains active; understand and accept the constraints of this Service Agreement; understand and accept the Privacy Policy; understand and accept the terms of the relevant software service contract; complete the payment of service fees. Upon completion of these steps, we will provide the services to you.
3. Acceptance of the Service Agreement
When accepting the Service Agreement, you must be of legal age according to applicable law to have the legal capacity to act. If you are not of legal age, the acceptance of the Service Agreement must be completed by your parents or legal guardians. Any of the following actions indicates that you have understood and accepted the terms and conditions of the Service Agreement:
a) You click the “I Agree” or “I Accept” button, indicating your confirmation of agreement to the Service Agreement;
b) You sign the software service contract with us offline;
c) You actually use the Services (including any third-party services provided together with the Services).
Unless you have read and accepted all the terms of this Agreement, you are not authorized to download, install, or use the software and related services. Your actions of downloading, installing, using the software, obtaining an account, or logging in will be deemed as your having read and agreed to be bound by the Agreement. If you click to confirm on the page or confirm this Agreement in another manner accepted by us, it indicates that you have fully read, understood, and agreed to this Agreement.
4. Service Content
The specific contents of this service are published on our official website at www.fileshow.com. We reserve the right to adjust the service content and service methods (including but not limited to this Service Agreement). Any adjusted content, services, or summaries and/or function descriptions based on such adjustments will form an effective part of the software service contract and this Service Agreement. We will notify you through effective means, and you should also check and understand the changes in a timely manner and comply with them while enjoying the service.
5. Service Fees
The Software Service Contract and the services under this Service Agreement are paid services. We will only provide you with the service for a specific period (the “Service Period”) after you confirm your willingness to accept the service and pay the corresponding Service Fee to us. We reserve the right to adjust the fee standards at any time based on actual circumstances, but such adjustments will not affect the services you have already purchased. Any adjustments to the service fees will be announced on our official website www.fileshow.com.
The service fees do not include associated costs incurred by you or your members for accessing the internet or mobile networks. Regardless of whether the service is free or paid, you are responsible for any fees payable to third parties, including network operators, due to the use of the service. These fees may include internet access fees, telephone charges, mobile SMS fees
6. How to Use the Service
When using the Service, you shall:
a) Comply with all applicable laws, including provisions of applicable international treaties or conventions;
b) Comply with all contracts, guidelines, regulations, procedures, or notices related to the Service;
d) Ensure the security of the data you upload and store, such as ensuring it is free of viruses, malware, and other harmful programs;
e) Properly and promptly backup your data.
7. Rights and Obligations
7.1 Your Rights and Obligations
7.1.1 You agree to comply with the Software Service Contract, this Service Agreement, the Privacy Policy, and the relevant management regulations and procedures displayed on our official website. You understand that the content of the above contracts and regulations may change from time to time. If any changes are made to the Software Service Contract, this Service Agreement, or the Privacy Policy, Stellar will notify you of the modifications by posting an announcement on the appropriate section of our official website 15 days in advance. If you do not agree with the changes to the aforementioned documents, you have the right to raise an objection within 15 days. If both parties cannot reach an agreement, you have the right to stop using our services. In such cases, we will settle the service fees with you truthfully (if any) and provide you with the service to download the data you have stored. If you continue to use our services or do not raise any objections, it will be deemed that you accept the modifications to the Software Service Contract, this Service Agreement, and the Privacy Policy made by us.
7.1.2 You should pay the corresponding service fees as indicated on our website and as agreed in the Software Service Contract.
7.1.3 You commit to the following terms:
a) If your business activities using the services provided by Stellar require approval or permits from relevant national authorities, you must obtain the necessary permissions or approvals;
b) Unless expressly permitted by Stellar, you may not modify, translate, adapt, rent, sublicense, distribute on information networks, or transfer the software provided by Stellar. Additionally, you may not perform reverse engineering, decompile, or attempt to discover the source code of the software provided by Stellar in any other way;
c) If Stellar's services involve the use of third-party software under license, you agree to abide by the terms of the relevant license agreements;
d) Do not distribute email advertisements and spam: do not use the services provided by Stellar to distribute large quantities of unwanted or unsolicited emails, electronic advertisements, or emails containing harmful information such as reactionary, pornographic, or politically provocative speech;
e) Do not resell or sublease the purchased services or any part thereof, such as storage space;
f) Do not use Stellar's resources and services to upload, download, store, or publish the following information or content, or facilitate others in publishing such information (including but not limited to setting URLs, banner links, etc.):
i. Political propaganda and/or news information that violates national regulations;
ii. Information involving state secrets and/or security;
iii. Feudal superstition and/or obscene, pornographic, vulgar information, or information inciting crimes;
iv. Gambling with prizes, gambling games, "private servers", "cheating software", and other illegal internet publishing activities;
v. Information that violates national ethnic and religious policies;
vi. Information that obstructs the security of internet operation;
vii. Information that infringes upon the legitimate rights and interests of others and/or other information or content that is detrimental to social order, public security, or public morals;
viii. Other content that violates laws, regulations, departmental rules, or national policies.
g) Do not make any changes or attempt to change the system configuration provided by Stellar, or engage in actions that compromise system security;
h) Do not engage in any other conduct that is illegal, breachful, or violates the rules of Stellar.
If Stellar discovers that you have violated the above terms or receives a complaint from a third party, we have the right to take corresponding measures, including but not limited to immediately terminating services or deleting relevant information, depending on the situation.
7.1.4 You are fully responsible for all consequences arising from your own actions, including but not limited to the software you install, operations you perform, and any consequences resulting from virus attacks.
7.1.5 You are responsible for the integrity and confidentiality of the data stored on the Stellar cloud platform, as well as the passwords and access credentials used to enter and manage various products and services on Stellar. Any loss or consequences arising from the improper maintenance or improper confidentiality of the aforementioned data, passwords, or credentials will be your sole responsibility.
7.1.6 You shall provide Stellar with the list of contacts responsible for implementing these service terms and managing users, networks, and various products and services on Stellar, along with their names and contact information, and shall provide necessary assistance. If there are changes to the above personnel, you shall update the information online and promptly notify Stellar. You are solely responsible for any losses or consequences resulting from providing untrue, inaccurate, or incomplete information about these personnel, as well as any actions or inactions of the above personnel.
7.1.7 You understand that Stellar cannot guarantee that its services are flawless (for example, Stellar’s security products cannot guarantee the absolute security of your hardware or software), but Stellar promises to continuously improve service quality and standards. Therefore, you agree that even if Stellar’s services have imperfections that were unavoidable given the industry’s technological capabilities at the time, such imperfections will not be considered a breach of contract by Stellar. You agree to cooperate with Stellar to resolve any such imperfections.
7.2 Rights and Obligations of Stellar
7.2.1 Stellar shall provide services in accordance with the contract.
7.2.2 Stellar shall be responsible for the operation and maintenance of Stellar cloud storage platform, as well as related system upgrades.
7.2.3 During the service period, Stellar will provide you with the following customer services:
a) Stellar provides paying users with 7 days × 8 hours of technical support and ensures that paying users have access to effective contact methods to reach support personnel. Support personnel will promptly provide feedback upon identifying a fault;
b) Stellar provides 5 days × 8 hours of online and telephone services to answer customers' questions in use;
c) Stellar will resolve faults arising from non-human error operations by you, except for reasons attributable to you, force majeure, and matters beyond Stellar's control;
d) Stellar shall strictly adhere to the confidentiality obligations.
8. Retention and Destruction of User Data
Your user data will be disclosed in whole or in part under the following circumstances:
a) Disclosure to third parties with your consent;
b) Disclose to third parties or to administrative or judicial authorities in accordance with relevant laws or upon the request of administrative or judicial institutions;
c) If you violate relevant laws and regulations, disclose to third parties as required; or if sharing your data with third parties is necessary to provide the software or services you have requested;
d) If a paying user's subscription expires and is not renewed within 7 days, Stellar has the right to delete additional libraries and members.
e) After 90 days of expiration, Stellar has the right to delete all files within the account. You will be solely responsible for any consequences resulting from the destruction of the data.
9. Intellectual Property Rights
9.1 If third-party organizations or individuals question or file complaints regarding the intellectual property ownership of the materials you use in connection with Stellar's services, you are responsible for providing the necessary proof of intellectual property rights and cooperating with Stellar in handling the complaint.
9.2 You acknowledge that any materials, technology, technical support, software, or services provided to you by Stellar belong to Stellar or third parties. You do not have the right to copy, distribute, transfer, license, or allow others to use these resources; otherwise, you will bear the corresponding legal responsibility.
10. Confidentiality
10.1 Confidential information refers to all technical and non-technical information disclosed by one party to the other, including but not limited to product information, product plans, pricing, financial and marketing plans, business strategies, customer information, customer data, research and development, software, hardware, API application interfaces, technical descriptions, designs, special formulas, and special algorithms.
10.2 Both parties to the Software Service Agreement agree to keep the above-mentioned confidential information received from the other party confidential and to strictly restrict access to this information to employees who are obligated to maintain confidentiality under this clause. Unless required by law or if the confidential information has entered the public domain, the party receiving the confidential information shall not disclose it to third parties.
10.3 Both parties to the Software Service Agreement explicitly recognize that their respective user information and business data are critical assets and significant confidential information. Both parties agree to make the utmost effort to protect such confidential information from being disclosed. In the event of any disclosure of such confidential information, both parties shall cooperate to take all reasonable measures to prevent or mitigate the resulting damage.
10.4 These Terms shall not be invalid due to the cancellation or termination of the Software Service Contract.
11. Disclaimer of Warranties
11.1 In view of the special nature of network services, you agree that our service has the right to change, suspend, or terminate part or all of the network services at any time. If the changed, suspended, or terminated network services are free services, we are not required to notify you and will not be liable to any user or any third party.
11.2 You understand that our services may require regular or irregular maintenance or repair of the network service platform or related equipment. If such situations cause interruptions to paid network services within a reasonable time, Stellar will not be liable for any resulting consequences.
11.3 We hereby state that no express or implied warranties are made regarding our services, including but not limited to their applicability, uninterrupted operation, timeliness, security, reliability, or error-free performance; nor do we warrant that any products, services, or other materials obtained through our services will meet your expectations.
11.4 You assume all risks associated with the use of any materials downloaded or obtained through our services. You are solely responsible for any damage to your computer system or loss of data resulting from such use.
11.5 You are solely responsible for any disputes or losses arising from authorizing third parties (including third-party applications) to access/use the content of our services, and this responsibility does not involve us.
12. Force Majeure
12.1 If the performance of this Service Agreement becomes impossible, unnecessary, or meaningless due to force majeure or other unforeseen events, the party affected by force majeure or unforeseen events shall not be held responsible.
12.2 Force majeure or unforeseen events refer to objective events that are unforeseeable, insurmountable, and unavoidable, and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, as well as social events such as war, riots, government actions, interruption of telecommunications backbone lines, hacking, network congestion, adjustments in Alibaba Cloud technologies, and government regulations.
13. Supplementary Provisions
13.1 The Software Service Contract, this Service Agreement, Stellar's service descriptions on relevant pages, pricing details, etc., are integral parts of the Software Service Contract and have equal legal effect. In case of any inconsistency between the aforementioned provisions and the Software Service Contract, the Software Service Contract shall prevail.
13.2 You agree that Stellar has the right to transfer all or part of the rights and obligations of the Software Service Contract to its affiliated companies by notifying you in advance via a notice on the Stellar official website and an internal notification on the website, with a 30-day notice period. The designated affiliated company will then continue to provide services to you.
13.3 If any provision should, by its nature or otherwise, continue to be in effect upon termination of this contract, it shall be deemed to continue to exist. These provisions include, but are not limited to, warranty provisions, confidentiality, intellectual property rights, and legal jurisdiction.
13.4 The establishment, execution, interpretation, and resolution of disputes of this agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. In the event of any dispute or disagreement between the parties in the performance of this agreement, they shall first attempt to resolve it through friendly negotiation. If negotiation fails, either party may initiate arbitration at the Hong Kong International Arbitration Centre in accordance with its then-current arbitration rules.
13.5 If any provision of this Agreement is found to be fully or partially invalid or unenforceable for any reason, the remaining provisions of this aAgreement shall remain valid and binding.
13.6 The Software Service Contract shall come into effect upon your clicking the agree or confirm button and promptly paying the full service fees.
HK Stellar Cloud Services Limited