This English version is not a mere literal translation. It is drafted using standard legal terminology common in the hosting and technology industries to ensure it is robust, clear, and legally enforceable for your international clientele. The structure directly mirrors the Chinese version for consistency and ease of comparison.
Last Updated: [September 8, 2025]
Welcome to the services provided by NCSE NETWORK LTD ("NCSE", "we", "us", or "our"). These Master Terms of Service (the "Terms") constitute a legally binding agreement between you ("Customer" or "you") and NCSE.
PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR, ORDERING, OR USING ANY OF OUR SERVICES. BY PERFORMING ANY OF THE FOREGOING ACTIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL INCORPORATED DOCUMENTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
2.1. These Terms apply to all Services provided by NCSE. Specific Services may be subject to additional terms and conditions in one or more Service-Specific Addenda, which shall form part of this Agreement.
2.2. In the event of a conflict between the provisions of these Terms and any Service-Specific Addendum, the provisions of the Service-Specific Addendum shall prevail.
2.3. We reserve the right to modify these Terms at any time. Any modifications will be communicated to you via email or by posting a notice on our official website. The modified Terms will become effective on the date specified in the notice. Your continued use of the Services after the effective date of such modifications will be deemed your acceptance of the modified Terms.
3.1. You agree to provide accurate, current, and complete information upon registration and to maintain and promptly update this information as it changes.
3.2. You are solely responsible for the confidentiality of your Account credentials (such as passwords). All activities conducted through your Account will be deemed your own. You must notify us immediately of any unauthorized use of your Account.
3.3. You are solely responsible for your Customer Content, including its legality, accuracy, and backup. NCSE is not responsible for backing up your Customer Content unless otherwise explicitly agreed in a Service-Specific Addendum.
4.1. Fees: You agree to pay all applicable fees for the Services you order, based on the billing cycle (e.g., monthly, quarterly, annually) selected at the time of purchase. All fees are exclusive of any applicable taxes (such as VAT, sales tax, etc.), for which you are solely responsible.
4.2. Payment: Unless otherwise agreed, all payments are due on the invoice date. You authorize us or our third-party payment processors to charge your provided payment method for all due fees.
4.3. Late Payment: If we do not receive full payment within the five (5) day grace period following the due date, we reserve the right to suspend your Services without further notice. If Services are suspended for non-payment, we are under no obligation to retain your Customer Content.
4.4. Auto-Renewal: To ensure uninterrupted service, all recurring Services will automatically renew for a subsequent term equal in length to the current term, unless you submit a cancellation request in accordance with the procedures outlined in our Refund and Cancellation Policy prior to the expiration of the current term.
4.5. Fee Disputes: You must notify us in writing of any disputed charges within [15] days from the invoice date.
Your use of the Services is subject to our Acceptable Use Policy (AUP). Any violation of the AUP will be considered a material breach of this Agreement and may result in the immediate suspension or termination of your Services without a refund.
6.1. Term: This Agreement becomes effective upon your acceptance of these Terms and remains in effect until all Services ordered by you are terminated.
6.2. Termination by Customer: You may terminate a Service at any time by submitting a cancellation request through our client portal. The process is detailed in our Refund and Cancellation Policy.
6.3. Termination by NCSE: We may terminate this Agreement and your Services if:
(a) You commit a material breach of any provision of this Agreement (including any incorporated documents).
(b) You fail to make payment and do not cure the default within the grace period.
(c) We are required to do so by law, regulation, or a law enforcement agency.
6.4. Effect of Termination: Upon termination, your right to use the Services will cease immediately. All fees paid are non-refundable, except as otherwise provided in the Refund and Cancellation Policy. We will have the right to delete all of your Customer Content stored on our systems and shall not be liable for such deletion.
7.1. EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE LEVEL AGREEMENT (SLA) WITHIN AN APPLICABLE SERVICE-SPECIFIC ADDENDUM, ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
7.2. TO THE FULLEST EXTENT PERMITTED BY LAW, NCSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
8.1. Exclusion of Indirect Damages: IN NO EVENT SHALL NCSE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
8.2. Cap on Direct Damages: NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE ENTIRE AGGREGATE LIABILITY OF NCSE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE SPECIFIC SERVICE THAT GAVE RISE TO THE CLAIM DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8.3. This limitation of liability is a fundamental basis of the bargain between the parties, and the fees for the Services would be substantially higher without it.
You agree to defend, indemnify, and hold harmless NCSE, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
(a) Your or your end-users' use of the Services;
(b) Your Customer Content;
(c) Your breach of any provision of this Agreement.
10.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan), without regard to its conflict of law principles.
10.2. Jurisdiction: The parties agree that any dispute or controversy arising out of or in connection with this Agreement shall first be addressed through amicable negotiations. If such negotiations fail, the parties irrevocably agree to submit to the exclusive jurisdiction of the Taiwan Taichung District Court as the court of first instance.
11.1. Force Majeure: Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, government acts, internet backbone failures, or power failures.
11.2. Notices: Any notice we send to you will be sent via email to the address registered in your Account. Any legal notice from you to us must be sent to info@ncse.tw.
11.3. Entire Agreement: This Agreement (including all incorporated policies and addenda) constitutes the entire agreement between you and NCSE regarding the Services and supersedes all prior oral or written communications, representations, or agreements.
11.4. Severability: If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
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