Ownership and operation right of various services offered by CITEX platform are owned by CITEX. IPFS Permanent Computing Power Lease Agreement (hereinafter referred to as this Agreement) is the related specification of rights and obligations concluded by CITEX concerning various services. By accessing or using this website, users indicate that they accept and agree with all terms and conditions of this Agreement. CITEX platform users (hereinafter referred to as Users) using computing power lease service, through accessing or using CITEX platform, tick “I have read and agreed with IPFS Permanent Computing Power Lease Agreement of CITEX” on computing power product page and click “Subscription”, indicating that they accept and agree with all terms and conditions of this Agreement. Those who are willing to accept the terms of this Agreement can lease computing power products on CITEX platform. As the provider and operator of computing power products, CITEX can offer service to users according to this Agreement. CITEX is entitled to modify terms of this Agreement and give hints to users. Users who continue accessing or using CITEX products recognize this newest Agreement. If users don’t agree with part or all contents of the newest Agreement, they can stop accessing or using CITEX platform (www.citex.me) and its computing power lease agreement.
I. Risk warning
The core purpose of this Agreement is that users, after leasing corresponding shares of CITEX’s computing power products, can obtain Filecoin mining revenue after Filecoin main net is launched. By building CITEX mine for centralized management, CITEX maximizes revenue of computing power products’ lease users and CITEX. We will try to avoid the possibility of users’ loss, but there are still a lot of uncertainties in the whole digital currency market. Market volatility is quite high. Risks we may face include but are not limited to the following risks. Users choosing to use computing power lease service offered by CITEX shows that they fully understand and are aware of the inherent and unknown risks of computing power lease.
1.1 Policy risk
As the global asset, digital currency presents hazards due to policy changes (such as governments cleaning up mines and closing exchanges) of different countries towards the digital currency market and the subsequent sharp fluctuations of market prices.
1.2 Technical risk
Filecoin technology in blockchain is not fully developed. In the development process following the white paper plan, there may be service interruption or delay caused by potential risks in project operation caused by technical difficulties or technical weaknesses, hacker attack, technical correction or failure of telecommunications sector and other related sectors with information technology dependency on other platforms and enterprise and public institution, website upgrade and banks and other extreme cases such as Filecoin main net launch delay or even launch failure, causing risks of asset loss of CITEX, user and other stakeholders.
1.3 Management risk
Although CITEX team boasts rich management experience and strict risk control, the expected revenue of computing power products in this Agreement still possesses many uncertainties. What’s more, considering that Filecoin mining market is premature and that the official price of Filecoin is not fixed, we can’t guarantee that there will be no problem in the management of Filecoin technical team.
1.4 Other risks
The appearance of wars, natural disasters and other force majeure factors as well as other unpredictable crises in the market may lead to the asset loss of users. Such risks include natural disasters (typhoon, flood, mudslide, etc.), policy impact (policy issued by the country, etc.), social risks such as wars, discontinuity or instability of power supply, equipment failure, sharp fluctuations of virtual wealth value, changes of whole network computing power, equipment management accidents and the appearance of other inherent and unpredictable crises. The existence of the above risks will directly or indirectly affect the revenue generated by the computing power which is leased by users. Therefore, CITEX can’t guarantee that users can recover all or part of the costs paid by its lease computing power and extraneous generated revenue.
II. Statement and risk control
2.1.1 In accordance with the law, CITEX herein specifically states as follows: CITEX respects users’ rights, especially litigious rights, while users, by choosing to subscribe or use CITEX services, agrees that both sides have reached consensus on this Agreement.
2.1.2 CITEX explaining obligations of these terms to users will be achieved as follows: users with any requests of explaining the terms shall immediately stop leasing or using services offered by CITEX; if users fail to call CITEX and choose to agree with this Agreement or lease or continue to use services offered by CITEX, then both sides herein agree that CITEX has fulfilled the legal obligation of explaining related terms as required by users in accordance with the law and that CITEX has given users enough time and option to decide whether to conclude the agreement or not.
2.1.3 Considering that CITEX has specified the above terms and fulfilled obligations of standard terms maker, users clicking subscription or using CITEX services agree that users fully understand and agree with all terms of this Agreement and the legitimacy and efficiency of terms reminding and warning users. Users shouldn’t claim or require the court or any other third party to confirm the unlawfulness or ineffectiveness of related terms on the ground that CITEX fails to warn users of standard terms in a reasonable way or fails to fulfill the explanation obligation according to users’ requests.
2.1.4 Once you tick “I have read and agreed with IPFS Permanent Computing Power Lease Agreement of CITEX” and click “Subscription”, you accept and agree with all terms and conditions of this Agreement. This Agreement will immediately come into force after you pay rental charges, which means that you can’t apply for refunds.
2.1.6 CITEX is not responsible for saving, modification, deletion or storage failures of user-related information and assumes no responsibility for typographical error and negligence not deliberately caused by CITEX. CITEX has the right but no obligation to better or correct omission and error of any part of related information.
2.1.7 Unless CITEX clearly prescribes in the form of written agreement, CITEX does not guarantee the accuracy, integrity and reliability of any content information that users get from CITEX in any form; CITEX assumes no responsibility for any products, services, information or material that users lease or get from CITEX service product page. Users take risks caused by using CITEX information content.
2.1.8 CITEX will announce through official page, send in ways that include but are not limited to station letter, e-mail, customer service telephone, text message or regular mail and send notifications. CITEX assumes no legal responsibility for any information that is not from CITEX formal channel.
2.1.9 In case of any dispute arising between users and the third party, between users and users and between users and CITEX, CITEX is entitled to check and review various behavior trajectories of users in CITEX and is entitled to submit such content to the third party or media and related government departments without notifying users separately. Users confirm that digital data saved by CITEX will be used as evidence, while users and CITEX agree that such evidence is regarded as legal and valid evidence without notarization regardless of how and where the digital data is stored.
2.2 Risk control principle
2.2.2 Due diligence principle of careful filtering: Device hardware provider after careful filtering shall accord with the credit status verification of no major fault such as major lawsuit, business registration exception, credit investigation exception, etc.
III. Notice for users before leasing
3.1 In order to protect users’ lawful rights and interests and maintain the normal operation of computing power products on CITEX platform, users of CITEX computing products shall agree with all terms of this Agreement and complete the leasing procedure according to the corresponding prompt on the page in order that they become users of CITEX computing power services, enjoy the rights and interests of CITEX computing power lease services and assume relevant obligations.
3.2 This Agreement is the exclusive agreement that CITEX proposes for CITEX platform users in using CITEX computing power lease services. Users continuing to access or use CITEX and CITEX computing power lease services indicate that they recognize and are willing to accept rules agreed on by publicity information. If users don’t agree with the rules agreed on in this Agreement, they can stop accessing or using CITEX platform and CITEX computing power lease services.
3.3. CITEX holds the final interpretation of this Agreement. Users who have difficulty in understanding the text can request an explanation from CITEX by sending e-mail to CITEX platform’s service e-mail (email@example.com) or through specified official customer service number.
IV. Service content
4.1 “Users” in this Agreement refers to subjects with full civil capacity who can properly use CITEX platform and its services and who have corresponding risk bearing capacity.
4.2 Registration information provided by users shows that users agree as follows:
4.2.1 CITEX can acquire personal information that users provide to CITEX platform through CITEX platform. Users ensure the provision of lawful, veritable, accurate and detailed personal information.
4.2.2 If there are any changes to previously-provided material, user material on CITEX platform should be updated on a timely basis. If the registration information provided by users are illegal, untruthful, inaccurate and incomplete, users should bear the resulting corresponding responsibilities and consequences. Besides, CITEX reserves the right to terminate users’ right of using CITEX platform services.
4.3 CITEX provides users with computing power lease services, which include device deployment, device maintenance, mine operation, technology operation and cash revenues to users. Service period under this Agreement is permanent and starts from the first day since Filecoin main net launches CITEX mine. CITEX will charge 15% of users’ mining revenue as technical service fee, which includes mine maintenance, device deployment, device maintenance, software research and development, technology operation, human resource output and other fee. After completing corresponding buying process of computing power lease right according to operation navigation on CITEX platform, users recognize computing power lease rules announced by CITEX.
V. Service delivery, modification and termination
5.1 While accepting CITEX services, users agree and accept various information service about its products that are offered by CITEX. Users herein authorize CITEX or CITEX platform principal to send messages to its e-mail, telephone, correspondence address, real-time chatting tools, etc.
5.2 Revenues generated from CITEX mine computing power leased by users will be affected by uncontrollable factors including whole network computing power, electric power cost, labor cost, etc. CITEX herein especially reminds users that CITEX will thereof update users’ revenue algorithm from time to time and revenue algorithm, as core intellectual property rights, will not be announced publicly to users. Users continuing to access or use CITEX and CITEX computing power lease services indicate that they recognize the newest revenue algorithm。
5.3 After users complete computing power lease according to this Agreement, CITEX will generate computing power lease order according to the newest computing power lease rules. Users can log in CITEX platform account to check the lease order of the computing power and determine the total computing power of its leasing according to the number of computing power lease orders.
5.4 After users complete computing power lease procedures, the device which the computing power that users lease corresponds is owned, operated and managed by CITEX mine. Limited by uncontrollable factors of CITEX, computing power that users lease may generate zero revenue even after Filecoin main met is launched. When zero revenue occurs for the first time, users can improve the probability of generating revenues by leasing computing power separately. If such situation of zero revenue continues for 30 days, then it means that the computing power that users lease has lost the capability to generate revenues. CITEX has the right to stop providing users with computing power product services, which means this Agreement loses efficacy.
5.5 After CITEX stops to provide computing power service, users’ right is immediately terminated. Under such circumstances, apart from cashing users revenues yet to be settled, CITEX has no obligation to deliver any unprocessed information or service to users or any third party that is not directly related.
5.6 Information that CITEX provides to users can change at any time and CITEX doesn’t make special announcement. Limited by internet technology development level and other objective factors, information displayed on CITEX page may come with a delay or error. Users should fully understand that.
5.7 If users’ act of using CITEX service according to this Agreement is illegal or may be regarded as illegal and market-disrupting, which include but are not limited to money laundering, engaging in or supporting terrorist acts, threatening the third party, engaging in organizational acts and such acts may be seen as market-disrupting, then CITEX has the right to terminate its service to users.
5.8 Within the scope permitted by laws and regulations, CITEX is entitled to adjust CITEX service coverage, various functions and charging standard combining the actual situation of business development and notify users in a timely manner through CITEX platform.
5.9 CITEX and users agree that, in case of occurrence of a dispute, records recorded or saved in servers and other electronic devices that CITEX maintains should be used as evidence, which is agreed upon by both sides no matter such server or electronic devices are directly kept by CITEX or taken care of by the entrusted third party.
VI. Confidentiality of user information
6.1 User information referred to in this Agreement means information that are in accordance with laws, regulations and related rules and that in accordance with the following range;
6.1.1 Registering users should provide personal information to CITEX platform;
6.1.2 When users use CITEX platform, participate in website activities or access website pages, user browser side or mobile client data automatically received or recorded by CITEX include but is not limited to IP address, material in website Cookies and website history required by users.
6.1.3 User personal information that CITEX legally acquires from business partners.
6.1.4 User personal information that CITEX acquires through other legal means.
6.2 In legal situations below, user personal information will be partially or fully disclosed;
6.2.1 Disclosure to user or other third party with user’s consent;
6.2.2 Disclosure to administration, judiciary or other legally required third party according to laws, regulations and related rules or administration requirements;
6.2.3 Other disclosures that CITEX makes according to laws, regulations and other related rules.
VII. User restrictions and obligations
7.1 Users should provide detailed, veritable, accurate and complete material to CITEX. If there are any changes in identity information and contact information, CITEX should be notified within three working days after the change, which includes but is not limited to logging in CITEX for modification. If users provide any wrong, false, outdated or incomplete material and such situation is confirmed by CITEX, then CITEX has the right to suspend or terminate providing service for users and providing full or partial service to users now or in the future. Under such circumstances, users can contact CITEX through website complaint, modify personal information and resume service usage after CITEX verification.
7.2 Users can’t use services offered by CITEX to conduct activities that violate the laws and regulations and can’t make, duplicate and disseminate the following information through related channels to which CITEX provides service:
7.2.1 Instigating resistance and destruction of the constitution and law, administrative laws and regulations; instigating subversion of state power and overthrowing stat system; undermining ethnic solidarity.
7.2.2 Fabricating or distorting facts, spreading gossip and disturbing social order.
7.2.3 Disseminating feudal superstition, obscenity, pornography, gambling, violence, murder, terror and solicitation.
7.2.4 Openly insulting others or fabricating facts.
7.2.5 Damaging public trust of state organs.
7.2.6 Other acts in violation of laws and regulations.
7.3 Users understand that they should fully assume the related tax liability of revenues generated by using services provided by CITEX. Users agree and promise to use services offered by CITEX only for their own benefit and to never use service content under this Agreement for the benefit of others or other third party.
7.4 Users agree to contact CITEX in a timely manner when finding out or suspecting other users violating related rules of this Agreement or there are any fraudulent conduct or improper acts.
7.5 Users can maliciously register this website account in any way, including but not limited to registration of multiple accounts to get profit and reward. Users shouldn’t steal account information of other users or conduct other acts which may affect the account security of other users. Users can’t use any method to block their internet traffic and IP address (such as Proxy, Tor, VPN, etc.) or use other technology services which hide users’ real internet connection.
7.5 Intellectual property rights of displaying any content of services provided by CITEX, which include but are not limited to articles, pictures, news, material, website structure, website layout, website design, unless otherwise specified, are wholly owned by CITEX. Users need to respect the intellectual property rights of CITEX.
7.7 Without authorization or permission of CITEX, users can’t conduct any business activities or seek any profits in the name of CITEX or making use of information/date of CITEX. Users promise and guarantee that using computing power lease service offered by CITEX is in accordance with requirements of related laws and regulations of its identity location and will not exert a negative effect on the reputation of CITEX or make CITEX bear legal responsibilities or other punishments and sanctions.
7.8 If users violate the above rules, CITEX reserves the right to directly take all necessary measures to cancel profits brought by users’ irregularities, which includes but are not limited to canceling users’ ratings, bonus points and virtual wealth, suspend or terminate services to users, cancel profits caused by irregularities and hold users’ legal responsibilities in the form of litigation, etc.
VIII. Other rules
8.1 Infringement complaint: In any case where the third party believes that users use CITEX to infringe civil rights and interests or conduct infringement acts, the infringed has the right to notify CITEX to take necessary measures including deleting, blocking, disconnecting and terminating service in written form. CITEX has the right to handle users’ information properly according to the rationality of the third party’s request.
8.2 Applicable law: Any dispute between the user and CITEX should be resolved through consultation in good faith. If consultation fails, users should file a lawsuit to courts or arbitration organization with jurisdiction.
8.3 Severability: If any terms in this Agreement is deemed unlawful, invalid or unenforceable due to any reason, the corresponding term should be seen as severable, which doesn’t affect the legal validity of any other terms.
8.4 Conflict choice: This Agreement is an important legal document between CITEX and users. Any other written or oral meanings of CITEX or users inconsistent with this Agreement shall follow this Agreement.
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June 29th, 2020