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坚果云用户（包括普通版和专业版用户）皆可申请试用本产品。 申请试用成功后，用户成为团队管理员。在试用期结束后，普通版用户需缴纳相应费用以继续使用本产品。 专业版用户需补齐账户内剩余金额和所需缴纳金额的差价以继续使用。
使用本产品的用户， 包括团队成员和团队管理员，可使用坚果云普通版和专业版的所有功能。 除此以外，团队管理员还可以使用管理面板，对团队成员进行管理。
用户在使用坚果云时，应当遵守相关的法律规则，包括但不限于《中华人民共和国宪法》、《中华人民共和国刑法》、《中华人民共和国民法通则》、《中华 人民共和国合同法》、《中华人民共和国著作权法》、《中华人民共和国电信条例》、《互联网信息服务管理办法》、《互联网电子公告服务管理规定》、《中华人 民共和国保守国家秘密法》、《中华人民共和国计算机信息系统安全保护条例》、《计算机信息网络国际联网安全保护管理办法》、《全国人民代表大会常务委员会 关于维护互联网安全的决定》及其相关的司法解释。
(5)不得试图利用技术或非技术手段, 未经坚果云授权, 访问坚果云中其他用户账号中的信息资料.
坚果云对于因为自然灾害, 其他信息服务商故障，相关信息设备和软件故障， 或者任何不可阻挡因素导致服务中断或终止， 不承担任何责任， 但应尽可能减少该因素对用户的影响。
对于其他任何非上述因素导致的用户服务中断或终止， 坚果云可以在平等协商公平的原则下， 在不超过用户总付费金额的前提下, 进行赔偿解决。 如果用户采取按月付费的模式， 总赔偿金额不得超过服务中断和终止当月账户剩余付费金额。 如果用户采取年付费的模式，总赔偿金额不得超过服务中断和终止当年账户剩余付费金额。
由于不可抗力事件，致使用户不能使用坚果云提供的服务时，坚果云不对用户的任何损失承担责任。不可抗力事件包括但不限于（1）自然灾害、如台风、洪 水、冰雹；（2）政府行为，如征收、征用；（3）社会异常事件，如罢工、骚乱；（4） 计算机病毒或黑客攻击、互联网络、通信线路等原因造成服务中断。
Terms of Service for Nutstore Business of Products
1. Special Note
Nutstore team products provide individual and enterprise cloud storage services with functions to synchronize, backup and share data and help with collaborative office work. “Convenience and Safety” is the service purpose of Nutstore Business product (the “Product”). Please read the Terms of Service for Nutstore Business product carefully (the “Terms”). If you agree to the Terms, you may apply for the trial use and purchase the Product (the “User”) and use relevant services; if you do not agree to the Terms, you shall immediately stop using the Product. The Terms only apply to the Product.
2. Relationship to other Terms
The Terms of Service for Nutstore Products shall remain applicable to this Product. To the extent that there is a conflict between The Terms of Service for Nutstore Products and the Terms, the Terms shall prevail.
3. Product Trials
Nutstore users (including users of both ordinary version and professional version) may apply for the trial use of this product. After the application is successful, the user becomes the team administrator. At the end of the trial period, users of ordinary version shall pay corresponding fees to continue using the Product. Subscribers of the professional version shall make up the difference between the amount remaining in the account and the amount required to be paid to continue to use the account.
4. Product Features
Users of this product, including team members and team administrators, can use all the features of Nutstore ordinary version and professional version. In addition, team administrators can use the admin panel to manage team members.
Users of this product, including team members and administrators, may not use more than the space specified by the administrator. Space statistics rules are the sum of the sizes used by all the latest versions of the files in the folder created and participated by the User.
Users using this product, including team members and administrators, are automatically limited for the total number of files that they share with all anonymous Internet users each month. When this limit is exceeded, the user account will no longer be able to download files for that month.
Team administrators who use this product can remove team members from the team without permission from the team members. A team administrator cannot add a user to the team until the team member’s permission is obtained.
5. Account and Password
If the visitor registers successfully, he/she will have a user account and password for Nutstore. The user name and password shall be properly kept, and Nutstore will have no responsibility for the custody of user name and password.
The user shall have the right to change the password at any time and shall immediately notify Nutstore of any security breach or unauthorized use of user account. If the use illegally accesses to other user accounts, the user shall bear all the legal consequences arising therefrom.
User agrees not to use the accounts, username or password of any other members without authorization and all losses arising therefrom shall be borne by the User.
The User shall not give away, rent, transfer, or sell user account, or otherwise authorize persons other than such User to use the service account. Persons other than such User themselves shall not use the service account by donating, renting, accepting transfer or in any other means. Any losses caused thereby shall be solely borne by the User.
6. Rules for Use
Users shall comply with the relevant Chinese laws and regulations when using Nutstore.
When using Nutstore, users must abide by the following principles:
(1) User shall comply with all online agreements, regulations and procedures in relation to the provision of online services;
(2) Nutstore shall not be used for any activity that may adversely affect the normal operation of the Internet;
(3) Nutstore must not be used for any purpose detrimental to Nutstore.
(4) Nutstore shall not be used to transmit any disturbing, libelous, abusive, threatening, vulgar, obscene or any other illegal data or materials.
(5) User must not attempt to access information contained in other Nutstore user accounts by using technical or non-technical means, without the prior authorization of Nutstore.
Nutstore only provides network services which are related to cloud storage, except for that, the devices relating to network services (including but not limited to personal computers, mobile phones, and other devices relating to connection to the Internet or mobile networks) and related fees required (including but not limited to telephone and Internet access fees paid for Internet access, mobile phone fees paid for mobile network access) shall be borne by the user.
Where there is any change in the user’s registration materials in the use of Nutstore, the user shall promptly update accurate and detailed registration materials.
The User shall be legally responsible for any act performed by his or her Account, including but not limited to uploading or distributing texts, audio, videos, pictures, software or other materials by the User and all acts performed by the User or others using his or her Account and Password. If Nutstore or a third party suffers any loss due to the failure of the user to properly keep his or her account and password, the user shall indemnify Nutstore or the third party for any loss caused thereby and eliminate the impact.
Users understand and agree to receive various information services from Nutstore and third parties when using the services provided by Nutstore. Users understand that it may display illegal content from third parties, including, without limitation, threats and defamation, in using the Services in Nutstore and agrees to assume such risk.
In order to reasonably protect the physical and mental health of minors, keep them away from harmful information, if the user is a minor, he/she must use Nutstore and accept the service under the guidance and supervision of his/her guardian. Otherwise he/she must immediately stop registration or discontinue to use Nutstore.
7. Modification, Interruption or Termination of Services
Due to the particularity of Nutstore network services, users agree that Nutstore shall have the right to change, interrupt or terminate part or all of the network services at any time. For this product, Nutstore must notify the user three months in advance and negotiate settlement of any unused or unpaid amounts. Once the service is cancelled or terminated, the user’s right to use the Service immediately terminates, and any information stored in the service may not be recoverable.
Nutstore shall repair or maintain the platform or related equipment that provides network services on a regular or irregular basis. If such conditions interrupt the network services, Nutstore will not be responsible, but will make as many notifications as possible in advance.
Nutstore will not be responsible for suspension or termination of the Services due to force majeure, or failure of other information services providers, related information equipment and software, or any unpreventable factors, provided that the impact of such factors on users shall be as minimal as possible.
If any other factors (other than the above) lead to the suspension or termination of the user services, Nutstore may compensate for such suspension or termination based on the principles of equal and fair consultation and under the premise that the compensation shall not exceed the total payment amount made by the user. In the case of monthly payment, the total amount of compensation shall not exceed the remaining payment amount in the account of the month when service is interrupted and terminated. In the case of annual payment, the aggregate amount of compensation shall not exceed the remaining payment amount in the account of the year in which service is interrupted and terminated.
8. Prohibited Acts
Users shall not use Nutstore to communicate sensitive information or information that violates national laws or policies in any manner, including but not limited to the following information:
(1) Those which oppose the basic principles determined by the Constitution;
(2) Endangering the unity, sovereignty and territorial integrity of the state;
(3) Divulging state secrets, endangering state security or damaging the honor and interests of the state;
(4) Inciting hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, or infringing upon ethnic customs or habits;
(5) Those which advocate evil cults and superstition;
(6) Disseminating rumors, disturbing public order or disrupting social stability;
(7) Advocating obscenity, gambling or violence, or instigating crimes;
(8) Insulting or defaming others, or infringing upon others’ legitimate rights and interests;
(9) Harming the social morality or the national culture and tradition;
(10) Other contents prohibited by laws, administrative regulations or provisions of the State.
The User understands and agrees that Nutstore will have the right to charge a reasonable fee for certain current free services as needed based on the actual needs. If the User does not agree to the charge for such services, the User will have the right to opt out of using such Services or stop using Nutstore.
The User understands and agrees that Nutstore will have the right to decide whether to charge for the additional services, and that the User will have the option to accept or reject the Services.
If the user accepts the items charged by Nutstore, then the user shall pay related fees Nutstore charges; if the user fails to pay or owes fees, then Nutstore has the right not to provide the user with this Service or stop providing the Service to the user. Nutstore shall have the right to adjust the charges for items based on the actual need, and the user shall have the option to accept or refuse to use such items.
If the user fails to pay the fee in time within three months, Nutstore shall have the right to terminate the user’s right and delete all data associated therewith, provided that it shall give as much prior notice as possible.
Protecting users’ privacy is a basic policy of Nutstore. Nutstore guarantees that the registration information of a single user and the non-public contents stored in Nutstore by a user when using network services will not be publicized or provided to any third party, unless any of the following circumstances occurs:
(1) Provisions of relevant laws or procedures of legal service of Nutstore;
(2) in the case of emergency, to safeguard the rights and interests of the user and the public;
(3) trademark rights, patent rights and any other lawful rights and interests in or to Nutstore;
(4) other circumstances in which personal information needs to be made public, edited or disclosed as required by laws.
11. Intellectual Property Right
Both the user and Nutstore understand and agree that all intellectual property rights of the technical achievements or solutions that Nutstore develops or legally obtains from a third party for providing services to users, including but not limited to, trademarks, trade names, as well as the platform and design of Nutstore shall be owned by Nutstore or such third party. Users shall not use or modify the aforementioned intellectual property rights or any part thereof in any form without the permission of the Nutstore.
Except as set forth above, all intellectual property rights of the works stored by user in Nutstore, including but not limited to pictures, music and video are owned by user (” User’s works “) or third parties (” Third Party Works “). The user warrants that he/she has full intellectual property rights in the aforementioned User’s Works; in the event it is a work of a third party, the user should obtain the third party license or if not obtain the third party license but has the right to legally use the third party work.
Unless otherwise provided by laws and regulations, the User cannot use the third party works in any manner without the prior permission of the owner of the third party works. If Nutstore receives reasonable notice from any third party owner or his legitimate representative of any work, Nutstore has the right to remove the infringing work accordingly; the User also has the right to give counter-notice with respect to the foregoing infringement claims.
12. Infringement of Intellectual Property Rights
The User warrants that no User’s Works or Third Party Works stored in the Nutstore will infringe upon any third party Intellectual Property Rights, including but not limited to trademark right, copyright and business secrets.
If the User’s Work or any Third Party Work stored in Nutstore causes the third party to claim that such work infringes its intellectual property rights, the user shall be responsible for handling such third party claims and bear all costs incurred including, without limitation, attorneys’ fee and infringement damages and ensure that Nutstore will not suffer any losses due to such infringement. Customer agrees that Nutstore shall have the right to remove the infringing works if any of the foregoing infringements occurs.
To the maximum extent permitted by applicable law, Nutstore will not in any event be liable to users for any special, accidental, direct or consequential damages arising from the use or inability to use the services provided by Nutstore.
Nutstore makes no warranty of any kind, express or implied, for the Services provided, including but not limited to, no warranty that the Services provided by Nutstore will meet the users’ requirements, no warranty that the Services will be interrupted or not, and no warranty the that Services will be provided timely and safely.
14. Liability for Breach of Contract
If the user violates national laws and regulations or the provisions of the terms and causes losses to Nutstore, the user shall compensate Nutstore for all losses incurred and eliminate the impact.
15. Force Majeure
If the users cannot use the service provided by Nutstore due to force majeure events, Nutstore will not be responsible for any loss of users. Force majeure events shall include but not be limited to (1) natural disasters, such as typhoons, floods and hail; (2) government actions, such as expropriation and requisition; (3) abnormal social events, such as strike and riot; (4) suspension of services due to computer virus, hacker attack, or Internet, communication line problem, etc.
16. Effective Date and Valid Period
The Terms shall come into effect when the User clicks “Accept” in the registration application. User rights terminate when the User unregisters his username or when Nutstore terminates the user account. Thereafter, terms 9, 10, 11, 12, 15 and 16 shall continue in force. g
17. Governing Law and Dispute Resolution
The Terms shall be construed and governed by the laws of the People’s Republic of China, without regard to any conflict of laws.
Any dispute between the parties with respect to this Terms shall be resolved by friendly consultation in good faith between the Parties. If no settlement can be reached within 30 days, both parties agree to submit such dispute to Shanghai Arbitration Commission for arbitration in accordance with its then-effective arbitration rules. The arbitral award is final and binding upon both parties. Unless otherwise provided in the arbitration award, the arbitration costs shall be borne by the losing Party.
18. General Provisions
In performing under these Terms, the User and Nutstore shall comply with all applicable laws.
Nutstore has the right to send notices, advertisements, etc. to users by posting notices or sending emails on Nutstore and so on.
Nothing contained in these Terms shall be construed to create a joint venture, partnership, agency, or any other relationship other than for the purposes of these Terms between the User and Nutstore.
User understands and agrees that Nutstore reserves the right to modify the terms as necessary. If the user does not agree to the change, he/she shall have the right to exit Nutstore and terminate the service relationship. If the user continues to use the services provided by Nutstore, it means that the user agrees to the modification of the terms.
If any provision of the terms is held to be invalid for any reason, such invalid provision shall not affect the validity of any other provision, and such invalid provision shall be deemed non-existent from the moment.
Nutstore has the right to assign any of its rights or obligations under the Terms.
All headings are inserted for convenience only and shall not affect the meaning or interpretation of any part of these Terms.