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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:
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(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 Agreemen
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