Welcome (Party A) to use the enterprise email service provided by Shenzhen Yisanba Computer Technology Co., Ltd. (hereinafter referred to as "Yisanba" or "Party B")!
To use Yisanba’s enterprise email service (hereinafter referred to as “this Service”), you shall read and abide by the “Product and Service Agreement of Shenzhen Yisanba Computer Technology Co., Ltd.”, as well as relevant laws and regulations of the People's Republic of China including the Civil Code and the Measures for the Administration of Internet Email Services. Please carefully read and fully understand the content of each clause. Unless you have read and accepted all terms of this agreement, you are not entitled to use Yisanba’s enterprise email service. Your actions such as logging in, viewing, or posting information via this Service/Product shall be deemed as your acknowledgment and acceptance of the binding effect of this document.
【I】Rights of Party A
1. Party A must use this product under secure network or device conditions free from viruses. Party A shall bear legal responsibility for transmitted content. Use of this product by Party A shall comply with all applicable local, national, and international laws and internet-related regulations concerning email services.
2. This product has monitoring capabilities; Party A must use it within legally permitted boundaries. Party B assumes no liability for any potential infringement, privacy violations, or similar behaviors arising therefrom, nor will it intervene in dispute resolution. The administrator of Party A must provide users of this product with training on basic email usage and security awareness.
3. Party A must use this product while connected to the global Internet. Any required network, equipment, data traffic, and related fees during usage shall be charged by respective service providers.
5. Party A is only authorized to rent and use Party B’s related products and may not perform decryption, copying, reverse engineering, cracking, or similar operations on Party B’s software/hardware.
6. Party A must comply with Article 13 of the Measures for the Administration of Internet Email Services of the People’s Republic of China: No organization or individual shall engage in any of the following acts regarding sending or commissioning the sending of internet emails:
① Intentionally concealing or forging envelope information of internet emails;
② Sending internet emails containing commercial advertisements without explicit consent from the recipient;
③ Failing to mark “Advertisement” or “AD” at the beginning of the subject line when sending internet emails containing commercial advertisements.
Article 14: After an internet email recipient explicitly consents to receive emails containing commercial advertisements but subsequently refuses further receipt, the sender must cease sending. Exceptions apply if otherwise agreed upon by both parties. Senders of commercial advertisement emails must provide recipients with contact methods to opt out, including the sender’s email address, and ensure these contact methods remain valid for at least 30 days.
Article 57 of the Telecommunications Regulations of the People’s Republic of China: No organization or individual shall use telecommunications networks to produce, reproduce, publish, or disseminate information containing any of the following:
① Content opposing the fundamental principles established by the Constitution;
② Endangering national security, disclosing state secrets, subverting state power, or undermining national unity;
③ Damaging national honor and interests;
④ Inciting ethnic hatred or discrimination, undermining ethnic unity;
⑤ Undermining state religious policies, promoting cults or feudal superstitions;
⑥ Spreading rumors, disturbing social order, or undermining social stability;
⑦ Disseminating obscenity, pornography, gambling, violence, murder, terror, or inciting criminal acts;
⑧ Insulting or defaming others, infringing upon their lawful rights and interests;
⑨ Other content prohibited by law or administrative regulations.
Based on one or more (including but not limited to) of the following four factors — ① complaints or reports from recipients; ② detection by Party B’s anti-spam operations center; ③ spam samples collected by Party B; ④ complaints or reports from anti-spam organizations or third-party technical service providers — Party B will comprehensively assess violations of the above usage rules and take measures including but not limited to restricting sending/receiving functions, suspending, or permanently closing offending email accounts. Party A shall bear full responsibility and losses arising therefrom.
7. Before using this product, Party A must read the user manual (please consult your email administrator for details).
【II】Quality Assurance of Party B’s Services/Products
8. Party B has a confidentiality obligation regarding Party A’s emails, company, and business information and shall not disclose, edit, or reveal Party A’s content unless under the following circumstances:
① Required by China’s national security agencies, public security departments, and/or corresponding legal procedures;
② In emergencies, making every effort to protect the safety of individual users, other social individuals, or the general public;
③ Disclosure to affiliated enterprises, legal counsel, or third parties necessary for auditing or fulfilling this contract;
④ Other lawful grounds.
9. Party B shall provide Party A with corresponding products and assistance as stipulated in the contract and offer unlimited support via telephone, fax, email, or letter throughout the contract term (without additional charges), ensuring normal email sending and receiving under regular operating conditions.
10. Party B provides Party A with product usage instructions. Detailed instructions are specified in the contract.
11. Due to the rapid development of enterprise email products and cloud technologies, Party A agrees that Party B may upgrade products or features during the contract period according to market conditions and actual needs, provided that such upgrades do not affect Party A’s normal email sending/receiving or usage.
【III】Trade Secrets and Intellectual Property
12. Party B holds full rights to the graphical trademark “138” and possesses legitimate rights to its products (if involving third-party technology or intellectual property, Party B warrants that such technology is open-source or has obtained lawful authorization from the third party).
13. Intellectual property rights relating to Party B’s products, including email systems, domains, broadband access, and associated services, belong to their respective rights holders.
【IV】Force Majeure / Disclaimer
14. Where force majeure prevents Party B from continuing to provide email sending/receiving services, such situations are exempted pursuant to national laws and regulations. “Force majeure” includes but is not limited to unforeseeable, unavoidable, or uncontrollable events occurring during software publication, transportation, sales, or service usage, such as human-caused accidents beyond control, government actions, backbone communication line failures (e.g., telecom, Unicom, Netcom lines), user-end equipment failures, intentional refusal by recipients to accept emails, recipient mail server failures, earthquakes, typhoons, floods, fires, other natural disasters, wars, unrest, riots, or any other similar events, network viruses, or “hacker” activities, which may hinder, impact, or delay Party B’s provision of services to Party A.
15. If force majeure or unexpected events occur and persist for 30 days, both parties shall negotiate to seek solutions minimizing losses or make alternative arrangements fair and reasonable to both sides.
【V】Modification and Termination
16. If Party A fails to pay sufficient fees upon product expiration, Party B reserves the right to interrupt, suspend, or terminate service provision. Upon termination of service, Party B may permanently delete Party A’s data from its servers. After service termination, Party B has no obligation to return such data. If Party A chooses not to renew, it must proactively complete data migration and backup, notify relevant partners, etc., prior to expiration. Any direct, indirect, consequential, or potential losses caused by non-renewal shall be solely borne by Party A.
17. If Party A does not renew or transfers its mailbox elsewhere, this product will automatically terminate. Confidentiality clauses remain effective after product termination.
【VI】Others
18. Further matters shall be governed by the contract signed by both parties.