This eSurfing Cloud Content Delivery Network Service Agreement is entered into between the user ("Party A" or the "Customer") and China Telecom  ("Party B"). Party B shall provide the Content Delivery Network 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 Content Delivery Network Services in accordance with this Agreement.

Before using the Content Delivery Network Services, Party A should read this Agreement carefully. By clicking the 'agree' button, Party A agrees to and accepts this Agreement in whole, and this Agreement shall become a legally binding document between the Parties. If Party A does not agree with this Agreement, it shall not use the Content Delivery Network Services.

If Party A has any questions about this Agreement, it shall make queries via the means set out in this Agreement and Party B will explain and clarify to 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 Content Delivery Network Services.

1.              Product and Service Description

1.1           "eSurfing Cloud Content Delivery Network Services" (hereinafter the "Services") refer to the services of distributing and accelerating site-wide content of the website, i.e. the services aiming at higher website response speed and improved user experience by virtue of intelligent resolution that allows the user to connect to the nearest access point, content-based multi-level caching that enables the user to retrieve resources from the nearest node, as well as intelligent routing, protocol optimization and other technologies that enable the user to achieve optimal routing of dynamic content back to the source. The Services available to the Customer include the whole acceleration product lines such as content delivery network acceleration, whole site acceleration, security acceleration, and video and live streaming acceleration.

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 constantly update the service content.

2.2           Party B undertakes to provide Party A with the Services in accordance with Appendix I eSurfing Cloud Content Delivery Network Service Level Agreement.

3.              Service Activation

3.1           After carefully reading the Service Rules corresponding to the purchased service, Party A can purchase the required service online through the Site according to its own needs, or have the account manager assist in activating it at the service console. After the Services are activated, Party A can log in to the Site and complete the configuration and operation of the Services in the management console.

3.2           If there is any inconsistency in the text of this Agreement, attachments, Service Rules, service descriptions, price descriptions, confirmation terms on the order page, they shall be appliable on the following order of precedence: (1) service descriptions and price descriptions on the relevant webpages on the Site, and confirmation terms on the order page, (2) Service Rules, (3) the text of this Agreement, and (4) the attachments to this Agreement.

4.              Service Fees

4.1           Payment in advance (for a capped resource package) and pay-as-you-go (PAYG) billing modes 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    Where the Customer opts to subscribe to a capped resource package, if it intends to continue its use of the Services upon the expiration of the current service period or the completion of deduction of the resource package, it shall renew the resource package or activate the PAYG billing mode in a timely manner. Otherwise, Party B will suspend the provision of the Services to the Customer and freeze the resources upon the expiration of the service period or the completion of deduction of the resource package. If the Customer fails to renew and pay for the subscription within fifteen (15) days of the expiration of the service period or the completion of deduction of the resource package, Party B has the right to release the resources occupied by the Customer and delete the relevant data thereon immediately.    

4.2.2    For services of the PAYG billing mode, the Customer shall deposit funds into its account and pay the service fee to ensure its continuous use of the Services. In case of a default on the service fee, Party B will suspend the provision of the Services to the Customer and freeze the resources. If the Customer fails to renew and pay for the subscription within fifteen (15) days of the expiration of the service period or the completion of deduction of the resource package, Party B has the right to release the resources occupied by the Customer and delete the relevant data thereon immediately.

5.              Service Specifications

5.1           The Customer understands and agrees that the use of the Services is its sole decision made after it has exercised independent and careful judgement, and that the Customer shall be responsible for its own judgement and operations, including but not limited to:

5.1.1   The Customer shall exercise its own judgment on the adaptability of the Services to the content it selects to be accelerated;

5.1.2   The Customer shall, when submitting its own configuration requirements through the control console of eSurfing Cloud Content Delivery Network, ensure the accuracy of the requirements. The content delivery network platform will complete the configuration based on the requirements submitted by the Customer, and the Customer shall be solely responsible for all operational actions and the results therefrom; and

5.1.3   Unless otherwise agreed by the Parties, if the Customer uses other eSurfing Cloud services along with the Services, the Customer shall pay the service fee to Party B as set forth in the fee schedule for such other services and comply with the service terms thereof.

5.2           Party B will provide the Services on the terms and conditions of this Agreement, which only cover the Services and Content Delivery Network value-added services. The Customer shall be solely responsible for the content to be accelerated by the Content Delivery Network, and ensure that the content to be accelerated complies with relevant policies and rules.

5.3           Under normal circumstances, during its use of the Services, if the Customer needs other eSurfing Cloud services (such as media storage, cloud drives and so forth), it shall activate, subscribe to, and pay separately for such infrastructure products, and Party B will provide services in accordance with the terms of service and service level agreements for such infrastructure products.

5.4           The Customer shall, during its use of the Services, back up its data, and be solely liable for the risk of data loss, omission or damage caused by reasons attributable to its own.

5.5           The Customer shall not authorize any third party other than itself to use the Services hereunder by transferring, leasing the Services, or providing access to the Services for free, or in any other manner.

5.6           If the Customer no longer needs to use the Services, it shall adjust its own configuration and transfer the content to be accelerated from the eSurfing Cloud content delivery network platform to ensure that no more bandwidth traffic is generated. If the content is not transferred in a timely manner, thus the eSurfing Cloud content delivery network platform continues to generate traffic and bandwidth, the Customer shall be deemed to continue to use the Services, and shall pay the fees to Party B in accordance with this Agreement.

6.              Customer Service Warranty

6.1           Party B shall provide 24/7 pre-sales and after-sales service to Party A.

6.2           Party B provides Party A with customer services within a response time of no more than 30 minutes after acceptance of a fault case.

6.3           Pre-sales and after-sales services will be made available by Party B via:

l        Hotline: + (852) 3100 0000 (recommended);

l        E-mail: *pre-sales: cs@chinatelecomglobal.com;

after-sales: global.noc@chinatelecomglobal.com

l        Online Ticket: /user/services_request.

7.              Technical Support Warranty

7.1           Upon Party B's acceptance of Party A's fault reports, Party B will provide Party A with a technical support warranty according to the specific situation and Party A's needs.

7.2Party 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 Services, Party A shall authorize it by email, or ticket. 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 Services. During the period of authorization, if Party A fails to communicate with Party B's engineers and conducts operations on its own, the service unavailability and other risks resulting from such failure shall be borne by Party A.

8.              Party A's Rights and Obligations

8.1           Party A shall activate and use the Services hereunder with a true identity, provided that it is a natural person, a legal person or other organization with the capacity for full civil rights and civil conducts. Upon the request of Party B, Party A shall submit documents of capacity and business qualifications and licenses and permits for engaging in relevant services for Party B's review. Party A warrants that the information provided is true, complete, accurate, legitimate, and valid and shall be held liable therefor.

8.2           If the Customer does not have the qualifications as agreed in this Agreement, Party B has the right to suspend the provision of the Services, require the Customer to rectify within the deadline or directly terminate this Agreement, and hold the Customer liable accordingly. If there is any change in the capacity or business qualification document, the Customer shall provide the most updated document to Party B as soon as possible upon the completion of change.

8.3           Party A shall, when using the Services, make backups of its data and shall take the risk of data loss, omission or destruction caused for reasons attributable to itself, and Party B shall not be liable for the same.

8.4           Party A may not authorize any third party other than itself to use the Services hereunder by transferring, leasing the Services, or providing access to the Services for free, or in any other manner. Otherwise, Party B has the right to terminate this Agreement and hold Party A liable accordingly.

8.5           If Party A no longer needs to use the Services, it shall adjust its own configuration and cease to use the Services. If Party A continues to use the Services and traffic is generated, it shall be deemed to continue to subscribe to the Services, and shall pay the fees to Party B in accordance with this Agreement.

9.              Term and Termination of Agreement

9.1           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.

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

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

9.3.1   According to the requirements of laws and regulations or government authorities;

9.3.2    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;

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

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

9.3.5    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; or

9.3.6    Where Party A violates other terms of this Agreement.

9.4           Where, except as stipulated in Article 9.3, 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) to Party A's eSurfing Cloud account, and reserve its rights to pursue Party A for liabilities of breach of contract.

9.5           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 eSurfing Cloud account.

9.6           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.

10.           Others

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

10.2        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, and the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, this Agreement shall prevail.

10.3        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

10.4        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. 

Appendix I  

eSurfing Cloud Content Delivery Network Service Level Agreement

China Telecom (also referred to as "Party B") provides the Content Delivery Network Services to the Customer (also referred to as "Party A") in accordance with the agreed terms of service standards set out in this eSurfing Cloud Content Delivery Network Service Level Agreement (the "SLA").

Article 1    Definitions

1.1           A Service Cycle is one calendar month. If the Customer uses the services for less than one calendar month in a given month, the Aggregate Time of a Service Cycle in Minutes will be calculated on a calendar month-basis.

1.2           Aggregate Time of a Service Cycle in Minutes is to be calculated by reference to the following formula: the total number of days in each Service Cycle x 24 (hours) x 60 (minutes).

1.3           5XX means a type of HTTP status code indicating the failure to process a request made by the Customer due to certain reasons.

1.4           Failed Requests means the 5XX errors returned by the domain name due to the Content Delivery Network Acceleration system problems or normal requests made by the Customer that fail to reach the Content Delivery Network Acceleration server due to a Content Delivery Network Acceleration-related fault. With respect to the normal requests made by the Customer that fail to reach the Content Delivery Network Acceleration server due to a Content Delivery Network Acceleration-related fault, the calculation should be made with reference to the average number of requests from the Customer by its domain name within 7 days preceding such Content Delivery Network Acceleration-related fault.

1.5           Total Valid Requests means the aggregate number of all requests received on the Content Delivery Network Acceleration-related server side under the Customer's eSurfing Cloud account.

1.6           Error Rate per 5 Minutes = Number of Failed Requests per 5 minutes / Total Valid Requests per 5 minutes x 100%.

1.7           Service Unavailability Duration: Where an Error Rate per 5 Minutes exceeding 0.05% persists for 10 or more consecutive minutes with respect to the Content Delivery Network Acceleration, the duration therefor will be considered for the purpose of calculating Service Unavailability Duration.

1.8           Time of Service Unavailability in Minutes means the aggregate time of service unavailability in minutes within a given Service Cycle.

1.9           The Service Availability Rate of the Content Delivery Network Services is calculated by Service Cycles and the subject of such calculation is all the domain names that activate the Content Delivery Network Services under the eSurfing Cloud account on a given day (except for domain names with a total number of monthly requests of less than 1 million). Such service availability rate is calculated as follows: Service Availability Rate = (Aggregate Time of a Service Cycle in Minutes - Time of Service Unavailability in Minutes) / Aggregate Time of a Service Cycle in Minutes x 100%.

Article 2    Service Commitment

2.1           Party B warrants a Service Availability Rate not lower than 99.90% for the Content Delivery Network Services, and if Party B fails to fulfill its Service Availability Rate warranty with respect to the Content Delivery Network Services, Party A may request compensation in accordance with Article 3 hereof.

2.2           The Service Unavailability Duration shall not be considered for the purpose of calculating Time of Service Unavailability in Minutes and Party B shall not be liable therefor or compensate Party A therefor, if such service unavailability arises from:

2.2.1   system maintenance conducted by Party B with prior notice to Party A, including cutovers, repairs, upgrades, and simulated failure drills;

2.2.2   any network or equipment failure of or configuration adjustment to the equipment other than those owned by Party B;

2.2.3    any reason attributable to Party A, including but not limited to:

(a)            hacking attack against the applications or data information of Party A;

(b)            loss or leakage of data, passwords and so forth caused by improper maintenance or inadequate confidentiality measures by Party A;

(c)            upgrade of the operating system by Party A itself;

(d)            applications of or installation operations by Party A;

(e)            negligence on the part of Party A or any operation authorized by Party A;

(f)             Party A's failure to use the services in accordance with the service documentation or operating instructions;

(g)            Party A's server breakdown;

(h)            the commissioning of the Content Delivery Network Acceleration node as requested by Party A;

(i)             improper configuration of information during the commissioning conducted by Party B based on the information modified by Party A;

2.2.4   force majeure; or

2.2.5   other service unavailability not attributable to Party A, including but not limited to service unavailability as a result of issues with third party content delivery network acceleration or origin server.

Article 3  Service Credit as Compensation

3.1           Party B undertakes to compensate Party A for breach of contract where it fails to fulfill its Service Availability Rate commitment under Article 2 within any given Service Cycle, provided that for each calendar month, such compensation provided to Party A in the form of service credit in service minutes shall not exceed the Aggregate Time of a Service Cycle in Minutes, specifically:

In event of a Service Availability Rate < 99.9%:

The Service Credit in Service Minutes shall be 2 times the Time of Service Unavailability in Minutes.

3.2           Time limit for request

For each calendar month during which Party B fails to fulfill its Service Availability Rate commitment, Party A may, after the fifth (5^th) business day of the following calendar month, submit a request for compensation therefor. Such request must be submitted within two (2) months from the end of the calendar month during which the failure that is the subject of Party A's request occurs. Party A will be deemed to have waived such compensation if it fails to submit any request or fails to submit its request within such time limit, in which case, such late request for compensation will be not accepted.