This eSurfing Cloud Elastic Volume Service Agreement is entered into between the user ("Party A" or the "Customer") and China Telecom ("Party B"). Party B shall provide the eSurfing Cloud Elastic Volume Services to Party A through the eSurfing Cloud Website (www.esurfingcloud.com, the "Site" or "eSurfing Cloud") in accordance with this Agreement. Party A shall use the eSurfing Cloud Elastic Volume Services in accordance with this Agreement.

Before using the eSurfing Cloud Elastic Volume Services, Party A should carefully read this Agreement, the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, the eSurfing Cloud Legal Statement and the eSurfing Cloud Privacy Policy. By clicking the 'agree' button Party A agrees to and accepts this Agreement and the aforementioned agreements in whole, and this Agreement and the aforementioned agreements shall become a legally binding document between Party A and Party B. If Party A does not agree thereto, it shall not use the eSurfing Cloud Elastic Volume Services.

If Party A has any questions about this Agreement, it shall make queries via the means set out in this Agreement or on the Site and Party B will explain to and clarify with Party A. If Party A does not agree with any of the contents of this Agreement or is unable to accurately understand Party B's explanations, it shall not subscribe to or use the eSurfing Cloud Elastic Volume Services.

Article 1   Product and Service Description

1.1 "eSurfing Cloud Elastic Volume Service" (hereinafter referred to as the "Services") provides Elastic Cloud Servers with highly reliable, high-performance, rich specifications and elastically expandable block storage services.

Article 2   Service Content

2.1 Party B shall provide Party A with the Services in accordance with this Agreement. The specific content of the Services is subject to the service displayed on the Site , applied by Party A and actually provided by Party B. Party B has the right to continuously update the service content.

2.2 Pre-conditions for provision of the Services: In order to use the Services, Party A shall first meet all the following conditions:

(1)   Agree to and accept the eSurfing Cloud Website User Agreement, successfully register as a user of the Site, and continue to have a legal and valid user account of the Site as at the time of signing this Agreement and throughout the performance of this Agreement;

(2)   Agree to and accept the eSurfing Cloud Service Agreement;

(3)   Agree to and accept the terms of this Agreement;

(4)   Subscribe to and use the Services in accordance with the Service Rules of the Site;

(5)   Enter into the eSurfing Cloud Elastic Cloud Server Service Agreement with Party B, pursuant to which the eSurfing Cloud Elastic Cloud Server Services are activated and used, and which and the services provided thereunder are legitimate, valid and existing;

(6)   At the time of signing and during the performance of this Agreement, all the qualifications or government approval procedures required for legal operations have been obtained and maintained in accordance with the relevant national regulations, and the relevant qualification documents have been submitted in accordance with this Agreement to Party B and approved by Party B. The relevant licenses or approvals that Party A shall obtain and maintain include but are not limited to the following: 

1)     If Party A operates a website, it shall ensure that all the websites it operates have been licensed or approved by the authorities of the relevant countries or regions;

2)     If Party A provides non-commercial Internet information services, it shall go through the filing procedures of non-commercial websites, and ensure that all the filing information submitted is true and valid, and submit the updated information in the filing system in a timely manner if there is any change in the filing information;

3)     If the website provides commercial Internet information services, Party A shall also obtain a commercial website license from the local communications administrative department;

4)     If Party A provides BBS and other electronic bulletin services, it shall conduct filing or obtain corresponding approval according to relevant laws and policies;

5)     If Party A operates an Internet game website, it shall obtain an Internet culture business permit in accordance with laws;

6)     If Party A operates an Internet video website, it shall obtain a license for publication of audio-visual programs through information network in accordance with laws;

7)     If Party A engages in Internet information services such as news, publishing, education, medical care, pharmaceuticals, and medical devices, it shall obtain the approval by relevant competent authorities in accordance with laws, administrative regulations, and relevant state regulations. Party A shall obtain the approval by relevant competent authorities in accordance with laws before applying for business licence or performing the filing procedures.

The above list does not exhaust all types of licenses or approvals required for commercial or non-commercial activities that Party A engages in. Party A shall obtain relevant licenses or approvals and shall comply with relevant laws and regulations promulgated by relevant countries and regions from time to time.

(7)   Preconditions for other businesses as stipulated in this Agreement.

Article 3   Service Activation

3.1 After Party A completes the subscription to the Services, Party B shall activate and provide Party A with the Services. Party A can log in to the Site and conduct the relevant configuration and operations of the Services in the management console.

3.2 Party A shall keep its account balance sufficient to ensure the continuous use of the Services. If the account balance of Party A is insufficient, Party B has the right to terminate the service provided to Party A.

Article 4   Service Fees

4.1 Both fixed-term billing and on-demand billing are available for the Services. The Customer shall pay Party B the service fee as instructed on the subscription page and as agreed herein.

4.2 Resources Expiration / Data Deletion and Consequences of Payment Default

4.2.1    For monthly/yearly subscriptions, if the Customer intends to continue its use of the Services upon the expiration of the current service period, it shall renew and pay for the subscription in a timely manner. Otherwise, Party B will suspend the Customer's permissions to perform operation and freeze the resources on the instance upon the expiration of the service period. Party B will, following the expiration of the service period, reserve the resources of the instance and retain the Customer's data for another fifteen (15) days (i.e., starting from the moment the Customer's permissions to perform operations are suspended on the day of such suspension and ending on the same moment on the fifteenth day thereafter); if the Customer fails to renew and pay for the subscription within the said period of fifteen (15) days, Party B has the right to release the resources of the instance occupied by the Customer and delete the data thereon upon the expiration of such period.    

4.2.2    If the Customer opts for services of the on-demand billing mode, the Customer shall deposit funds into its account and pay the service fee so as to ensure its continuous use of the Services. In case of a default on the service fee, Party B will suspend the Customer's permissions to perform operation on and freeze the resources of the instance. Party B will then reserve the resources of the instance and retain the Customer's data for another fifteen (15) days (i.e., starting from the moment the Customer's permissions to perform operation are suspended on the day of such suspension and ending on the same moment on the fifteenth day thereafter); if the Customer fails to deposit funds into its account and pay the service fee in full within the said period of fifteen (15) days, Party B has the right to release the resources of the instance occupied by the Customer and delete the data thereon upon the expiration of such period.

Article 5   Customer Service Warranty

5.1 Party B provides Party A with customer service via the service hotline +852 3100 0000. 

5.2 Party B shall provide 24/7 after-sales service to Party A.

Article 6   Technical Support Warranty

6.1 After Party B accepts Party A's fault or after Party B’s non-fault acceptance, it will provide Party A with technical support warranty according to the specific situation and Party A's needs. The service time of Party B's engineers is 7 days x 24 hours.

6.2 Party A understands and agrees that, out of concern about Party A’s data and system security, when Party A requires Party B’s engineers to directly operate its Cloud Elastic Volume Services, Party A should authorize it by email, ticket, telephone, and other means. Party A shall designate the only contact person as the authorizer (maintainer) who shall authorize Party B when necessary, which means that only the authorizer has the right to require Party B's engineers to operate its Cloud Elastic Volume Services. Party B is only responsible for the operation and maintenance of the underlying part below the operating system; the operating system and the above part (such as the application program installed by Party A on the system) are the responsibility of Party A. In addition, during the period of authorization, if Party A fails to communicate with Party B's engineers and conducts operations on its own, the business unavailability and other risks resulting from such failure shall be borne by Party A.

Article 7   Party A's Rights and Obligations

7.1 When Party A uses the Services, it shall back up data and bear the risk of data loss, omission, or damage caused by its own reasons, and Party B shall not be liable for this.

7.2 Party A shall provide Party B with necessary technical parameters, including but not limited to IP address segments and corresponding application types, server-related parameters, network structure and network resources, actively cooperate with Party B to complete the implementation and commissioning of the Cloud Elastic Volume Services project to ensure the normal operation of the Services.

7.3 Party A shall abide by all the provisions with respect to cybersecurity in accordance with the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement it has entered into. If Party A violates any of the warranties in this Agreement, the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, including but not limited to where Party A does not have all the qualifications and permits required to carry out business and perform relevant procedures when signing this Agreement, or loses all or part of its qualifications and permits during the validity period of this Agreement, Party B has the right to suspend the provision of cloud business services and require Party A to make corrections within the time limit. If Party A fails to make corrections within the time limit, Party B has the right to terminate this Agreement without assuming any responsibility. Party A shall bear the liability for breach of contract and compensate Party B for the corresponding losses.

7.4 Party A understands and fully recognizes that although Party B has established (and will continue to improve according to technological development) necessary technical measures to defend against matters or behaviors that endanger network security including computer viruses, network intrusions and attack damage (including but not limited to DDoS) (hereinafter collectively referred to as such Behavior), however, in view of the limitations and relativity of network security technology and the unpredictability of such Behaviour, if Party A’s account experiences such Behavior, which does harm to Party B or Party B’s network or server (including but not limited to local, foreign and international networks, servers), or affects the smooth communication between Party B and the Internet or between Party B and specific networks, servers, and Party B’s internal communications, Party B has the right to decide to suspend or terminate the Services. If a major network accident is caused to Party B for reasons attributable to Party A, Party B will reserve the right to pursue Party A with criminal liabilities and claim compensation from Party A. If Party B terminates the provision of the Services to Party A due to reasons set out in the above clauses (other than due to breach by Party A), Party B will calculate the service fee based on the actual number of days used by Party A, and return the remaining payment (if any).

Article 8   Term and Termination of the Agreement

8.1 This Agreement becomes effective from the date when Party A successfully purchases or applies for activation of the product, and terminates when the subscription service period of Party A expires, unless otherwise agreed by the Parties.

8.2 This Agreement may be terminated earlier if the Parties reach a consensus.

8.3 Party B has the right to terminate this Agreement under the following circumstances:

8.3.1 According to the requirements of laws and regulations or government agencies;

8.3.2    Where Party B believes that continuing to provide services to Party A will cause huge economic or technical burdens or major security risks to Party B;

8.3.3    Due to any legal or policy changes, it is not practical for Party B to continue to provide the Services to Party A;

8.3.4    Where Party A fails to pay relevant fees in full and on time;

8.3.5    Where Party A violates the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, the eSurfing Cloud Legal Statement or the eSurfing Cloud Privacy Policy;

8.3.6    Where Party A does not meet any one of the pre-conditions for the Services set out in Article 2.2 herein;

8.3.7    Where Party A violates other terms of this Agreement.

8.4 Where, except as stipulated in Article 8.3, Party B terminates this Agreement according to this Agreement. Party B will calculate the service fees based on the actual days of the Services that Party A has used, return the remaining fees (if any), and reserve its rights to pursue Party A for liabilities of breach of contract.

8.5 Party B may terminate the Services by publishing an announcement on the Site, or by sending Party A an internal notice or a written notice 30 days in advance, at which time, Party B shall return the amount paid by Party A but not consumed (without interest) to Party A's account, except as stipulated in Article 8.3.

8.6 If the eSurfing Cloud Elastic Cloud Server Service Agreement between the Parties is terminated, this Agreement shall be terminated simultaneously.

8.7 If any clause in this Agreement is completely or partially invalid or unenforceable for any reason, the rest of the clauses in this Agreement shall still be valid and binding.

Article 9   Others

9.1 The termination of this Agreement will not affect the effectiveness of the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement between Party A and Party B. If the eSurfing Cloud Website User Agreement or the eSurfing Cloud Service Agreement between Party A and Party B is terminated, this Agreement will be automatically terminated.

9.2 For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement. If there is any conflict on the same matter in this Agreement, the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, this Agreement shall prevail.

9.3 Latest version of eSurfing Cloud Service Agreement can be found at: 

     https://www.esurfingcloud.com/portal/protocol/20685742

     Latest version of eSurfing Cloud Website User Agreement can be found at:

     https://www.esurfingcloud.com/portal/protocol/10144340

9.4  In the event of any conflict or inconsistency between the English and the Chinese versions of this Agreement, the English version shall prevail. If there is any unclear part in the Chinese version, please refer to the English version.