Exhibit 10.33
Hosting Service
Agreement
Party A : Beijing Sohu New Era
Information Technology Co., Ltd.
Address: 15/F, Vision International Center, No.1
Park Zhongguancun East Road,
Haidian District, Beijing
Legal Representative: Zhang Chaoyang
Party B: Beijing Communication
Corporation of China Telecom
Address: No. 107 Xidan North Avenue,
Xicheng District, Beijing
Legal Representative: Liu Bo
Whereas:
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1.
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Party A desires
to have Party B host its equipments, which shall be linked to the
public Internet via the band width leased from Party B;
and
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2.
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Party B agrees
to provide to Party A server hosting and band width
services.
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Based on the principles of mutual
benefits, trust in each other, paid services and joint development
of both parties, Party A and Party B have reached the following
agreement after friendly negotiation:
I. Content of Services
1.1 During the term of
cooperation, Party B shall be responsible to provide the following
service, for detailed numbers, please refer to Article
4.1:
(a) to provide Party A exclusive
band width connecting to Internet;
(b) to provide Party A exclusive
spare band width connecting to Internet for emergent
broken-down;
(c) to provide Party A optical
fiber, which shall be connected from Vision International center to
Beijing Telecom Zhaowei IDC Vipll;
(d) to provide Party A certain
numbers of chassis; and
(d) to provide Party A 2M digital
domestic electric circuits which shall be used as special temporary
maintenance line.
1.2 Party B agrees to provide
services to Party A according to this Agreement. The detailed list
of the equipments that are placed in the server booth shall be
referred to the IDC Server Hosting Working Sheet issued by Party A
to Party B.
II. Server Hosting
2.1 Party A shall move its servers
into Party B’s server booth (Beijing Telecom Zhaowei IDC
Server Booth). Party B shall check upon delivery according the
items on the Registration Form. Both parties shall perform the
hand-over and inspection according to the contents on the
equipments list.
2.2 Server Hosting means that Party B shall host
the server for Party A according to this Agreement.
2.3 When the server hosting is
connected, both parties shall sign a confirmation letter
(Confirmation Letter).
III. Period of Server
Hosting
3.1 The period for server hosting
shall start from April 1, 2006 and end on April 30,
2007.
3.2 Upon the expiration of the
server hosting period, this Agreement shall be deemed renewed for
one more year, if Party A does not file a written application with
Party B within 30 days before the expiration of this Agreement,
which shall be deemed as Party A’s agreement on the server
hosting.
3.3 If Party A wishes to terminate
the server hosting upon the expiration of this Agreement, Party B
shall disconnect Party A’s servers to public Internet. Before
such disconnection, Party B shall inform Party A’s contact
point with 5 days notice and keep the physical line
connection.
3.4 Party A shall perform the
hand-over process with Party A according to the Equipment list
within 10 days upon the expiration of this Agreement and thereafter
move the servers out of Party A’s server booth.
3.5 If Party A wishes to terminate
this Agreement before its expiration, it shall provide Party B
written notice with 30 day’s notice. Upon receiving Party
B’s termination notice, Party A shall disconnect the servers
to the Internet according to the time informed by Party
A.
3.6 During the server hosting period
of this Agreement, if Party A wishes to assign its rights and
obligations to a third party, it shall be deemed as early
termination of the agreement and therefore 30 day’s prior
written notice to Party B is required. Party B will then enter into
a new agreement with such third party.
IV. Fees and Payment
Method
4.1 The payment under this
Agreement include lump sum payment and service fees, am