Since www.chinesetest.cn (hereinafter referred to as “the website”) is the website operated by Chinese Testing International CO.,Ltd. (hereinafter referred to as Chinese Testing International) which provides users with services such as online information browsing and Chinese test online registration, the users are supposed to carefully read the agreement when they apply for the membership of the website.
I. Validity and Confirmation of the Agreement
The scope of validity of the agreement, all services provided by the website and any service accepted by the user from the website are restrained by this agreement.
When the user accesses the registration program and clicks the “I accept” button, it will be understood that the user concludes an agreement with Chinese Testing International and voluntarily accepts the restraint of the agreement.
When the user utilizes service of the website, the utilizing behavior of the user should be regarded as his/her acceptance of relevant service terms and all announcements related to the service issued by Chinese Testing International.
II. Service Introduction and Part of Conditions for Accepting Services
Chinese Testing International, in accordance with the agreement and the rules on network operation, provides users with various services by means of its own operational system via the Internet. The user must:
1. Have the following equipment: one set of personal computer, one modem and necessary devices for accessing to the Internet;
2. Have access to the Internet and pay the telephone charges related to such service.
Taking into consideration the importance of services on the website, the user promises that:
1. The user information submitted is true, accurate, complete and timely, and there is no misleading or false statement.
2. The user will timely update his/her registration data so as to keep his/her information effective. Personal information input by all users shall be used as registration information.
3. Chinese Testing International may contact and communicate with users via e-mail provided by them.
If the information provided by the user is not accurate, true, legal or effective, Chinese Testing International has the right to stop the user utilizing all services on the website. When the user accepts various services on the website, it means that he/she accepts various information services provided by Chinese Testing International.
III. Modification of Terms under the Agreement
Chinese Testing International, if necessary, has the right to modify terms of the agreement and relevant terms of each service. When the user accepts various services on the website, he/she shall know the modified contents through timely browsing the website; if the user does not agree to the modified contents, he/she may actively cancel the services available on the website. If the user continues to accept the services on the website, it is deemed that he/she accepts the modified terms and should voluntarily abide by relevant terms.
IV. Service Amendment
Chinese Testing International reserves the right to modify or stop the services at any time without notice to the user, and should not assume liabilities for the user or the third party. The user may actively cancel the services available on the website. If the user continues to accept the services on the website, it is deemed that he/she accepts the service Amendment.
V. Keeping the User’s Information Confidential
To respect the user’s personal privacy is a basic policy of Chinese Testing International. Chinese Testing International shall not publicize, alter or disclose the user’s registration information and non-public contents related to each service kept by Chinese Testing International except for the following circumstances:
(1) Provision of information according to laws and regulations, including but not limited to the supply of information published by the user on web pages of the website, publishing time, address of Internet or domain name when relevant state authorities conduct the investigation;
(2) Provision of information for the purpose of maintaining the intellectual property rights and other important rights of Chinese Testing International;
(3) Provision of information for the purpose of maintaining the user’s privacy security or the benefits of the public under emergency circumstances;
(4) The user authorizes Chinese Testing International to provide his/her registration information and other personal information to a third party;
(5) Such provision is required for Chinese Testing International to perform services of the website or to provide software program services of the website.
VI. User’s ID No., Password and Security
After the successful registration, the user will get a password and an ID No. The user should take proper care of his/her ID No. and password, otherwise the user shall assume all liabilities should he/she, Chinese Testing International or the third party suffer from damages or losses thereby. In addition, each user shall be fully responsible for all activities and events related to his/her ID. The user may at any time alter the password and icon, or cancel the old ID and open a new one. The user name and password shall not be freely transferred or authorized to others for use without the written approval by Chinese Testing International; otherwise the user shall be responsible for all possible consequences. The user agrees that in case of any illegal use of the ID No. or any security loophole, he/she will inform Chinese Testing International immediately.
VII. Risk Warning
The user should properly keep his/her own ID No., password and other personal information; otherwise the irremediable losses may occur to the user, Chinese Testing International or a third party. Losses, if any, shall be borne by the user.
In the process of providing services, such problems as service interruption, inopportune delivery of information and inaccuracy may occur due to reasons of technology, website maintenance and force majeure, we remind the user to verify or back up relevant information as precaution; and Chinese Testing International shall not assume compensation liabilities for the losses here incurred to the user or a third party. However, if the user has conducted the registration of Chinese test on the website, he/she may contact Chinese Testing International in time via the Client Service Center of Chinese Testing International, and Chinese Testing International shall assist the user to inquire the registration information or conduct the re-registration for the user.
VIII. Ban of Commercial Utilization
The user in this agreement specifically refers to the natural person rather than a company or a commercial entity. The user undertakes that he/she will not utilize each service on the website for sales or other commercial purposes without the approval of Chinese Testing International.
Chinese Testing International shall not bear liabilities for damages or losses caused by the user’s inappropriate or illegal use of services on the website (such as online transaction).
IX. User Administration
The user shall be independently responsible for the information he/she published. The use of services by the user must conform to provisions of national laws, local regulations and international law standards applicable to the services. The user undertakes:
(1) He/she will conform to relevant laws and regulations in China (see the appendix on some regulations) when publishing information on web pages of the website or using services provided by Chinese Testing International; and he/she will not produce, reproduce, publicize or disseminate the following information on web pages of the website or by using services provided by Chinese Testing International:
(a) Information violating the basic principles determined in the constitution;
(b) Information endangering national security, disclosing national secrets, subverting national regime, or undermining national unity;
(c) Information damaging national honors and benefits;
(d) Information instigating ethnic hatred and ethnic discrimination, or undermining ethnic unity;
(e) Information violating the state's religious policies, or advocating heathenism and feudal superstition;
(f) Information dispersing rumors, disturbing social order, or undermining social stability;
(g) Information spreading obscenity, eroticism, gambling, violence and terrorism, or abetting crimes;
(h) Information insulting or slandering others, infringing upon legal rights and interests of others;
(i) Information instigating illegal gathering, organization, march and demonstration, or gathering a crowd to disturb the social order;
(j) Information about illegally carrying out activities in the name of nongovernmental organization;
(k) Information covering other contents banned by laws and administrative regulations.
(2) When the user publishes information on web pages of the website or uses services provided by Chinese Testing International, he/she shall also abide by relevant provisions of laws of other countries and regions and of international laws.
(3) The user shall not engage in the following activities by using services provided by Chinese Testing International:
(a) To access to the confidential security system of the computer information network or use other resources without authorization;
(b) To delete, alter or add functions of the computer information network without authorization;
(c) To delete, alter or add data and applications stored in, handled or delivered by the computer information network without authorization;
(d) To deliberately produce or spread destructive programs such as computer virus;
(e) Other behaviors endangering the security of the computer information network.
(4) The user shall not interfere with services of Chinese Testing International by any means;
(5) The user shall conform to all other stipulations and procedures by Chinese Testing International.
The user shall assume legal liabilities for his/her acts in the process of using services provided by Chinese Testing International.
The forms of assuming legal liabilities by the user include but are not limited to: compensation to the sufferer; providing equivalent compensation to Chinese Testing International if Chinese Testing International first assumes the compensation liability for administrative punishment or infringement damage due to the user’s inappropriate acts.
Chinese Testing International has the right to immediately stop the information obviously belonging to any content of (1) in this Article, keep relevant records and report to the relevant national authority; it also has the right to delete the address and information with such content or close the server.
When the user utilizes the electronic announcement service (including electronic notice board, electronic white board, electronic forum, network chatting room, message board, etc.) of the website to provide online users with information publication conditions in the interactive form, he/she shall conform to the provisions of the agreement and the electronic announcement service regulations issued by Chinese Testing International on the website.
If the user’s act violates any provision stipulated in this Article, Chinese Testing International has the right to immediately cancel the user’s service ID.
X. Compensation for Damage
If the user utilizes services inappropriately or his/her use of service goes beyond the service scope of the website, thus causing damages or losses to Chinese Testing International (including but not limited to infringement of the intellectual property right and other rights of a third party in the operating process, which results in a claim by the sufferer), the user shall assume all compensation liabilities. The compensation expenses include economic losses hereby incurred to Chinese Testing International, and arbitration fee, lawyer’s fee, evidence collection fee, travel fee and other relevant fees occurred for the purpose of acquiring relevant rights.
All notices to users may be sent in the form of e-mail, regular mail or announcement at the remarkable position of the website. Chinese Testing International will send messages to users through one of the abovementioned forms, informing them of modification of service terms, service alteration or other important matters. The user shall guarantee that Chinese Testing International may contact him/her through the contact information provided by him/her.
XII. Intellectual Property Rights
Contents on the website include words, software, sound, photos, video recording, charts, tables, etc., whose intellectual property rights rest with Chinese Testing International except those owned by the provider according to laws; and the intellectual property rights are protected by laws of copyright, trademark, label and other property ownership. Contents and relevant software on the website may be used for the services explicitly stipulated by the website, and their use for any other purpose, including but not limited to reproduction, alteration, publication, transmission, second edition, demo, broadcasting or creation of derivative products related to such contents, shall be strictly banned.
XIII. Termination of Service
The user or Chinese Testing International may terminate its service at any time according to actual conditions. Chinese Testing International has the right to unilaterally terminate its provision of one kind of services or several services for the users without giving notice; however, if Chinese Testing International intends to terminate the services of Chinese test registration and result inquiry, an announcement shall be provided on the website. The user has the right to unilaterally terminate accepting the services provided by Chinese Testing International without giving notice. Upon termination of user services, the user’s right to use services of Chinese Testing International is immediately terminated, and Chinese Testing International will assume no further obligation for the user.
XIV. Settlement of Disputes and Applicable Laws
Both parties concerned shall settle all disputes arising from the agreement and the performance of the agreement through friendly negotiation. If their negotiation fails, any party has the right to lodge a lawsuit to the people’s court where Chinese Testing International is located.
The legal force, interpretation and performance of terms and settlement of disputes under the agreement are all subject to provisions of laws and regulations of the People’s Republic of China.