This eSurfing Cloud NAT Gateway 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 NAT Gateway 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 NAT Gateway Services in accordance with this Agreement.

Before using the eSurfing Cloud NAT Gateway Services, Party A should fully read, understand and agree to accept and abide by this Agreement. By clicking the 'agree' button, or otherwise expressing or implying to accept this Agreement, or actually using the NAT Gateway Services in any way, Party A agrees to and accepts this Agreement in whole, and this Agreement shall become a legally binding document between Party A and Party B. If Party A does not agree to accept this Agreement, it shall not use the eSurfing Cloud NAT Gateway Services.

Article 1   Product and Service Description

Party B provides the NAT Gateway Services (hereinafter the "Services") to Party A under the terms and conditions of this Agreement. The Services enable the computing instance in a Virtual Private Cloud ("VPC") to provide Network Address Translation services, thus enabling multiple Elastic Cloud Servers to share access to the Internet using Elastic IPs (SNAT) or to enable multiple Elastic Cloud Servers to provide Internet services (DNAT).

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 Party B shall provide the Services pursuant to Appendix I "NAT Gateway Services Service Level Agreement".

Article 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 service is 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.

Article 4   Service Fees

4.1 Pay-as-you-go ("PAYG") billing is available for the Services. The Customer shall pay Party B the service fee as instructed on the subscription page and as agreed herein. If Party A intends to use the Services, it shall pay Party B for the Services in accordance with the instructions on the subscription pages and the body text of this Agreement.

4.2 When Party A pays the service fees through the Site, the specific types of services under the Services and the corresponding service fees are subject to the Service Rules of the Site and the information displayed on the subscription page of the Services, and Party A may choose the specific type of services and pay the corresponding service fees as set forth in the then-current effective fee schedule on the Site.

4.3 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 ECS instance. Party B will then reserve the resources of the ECS 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 ECS instance occupied by the Customer and delete the data thereon upon the expiration of such period.

4.4 Upon its subscription to and a generation of an order with respect to the Services, Party A shall pay the fees promptly in full in accordance with this Agreement and any Service Rules applicable to Party A. Party B reserves the right not to provide or to terminate the Services and/or technical support before payment of the service fees by Party A in full as agreed. In addition, Party B reserves the right to hold Party A liable for its failure to make any Payment in Arrears with respect to the Services.

4.5 Party A understands and agrees that all complimentary service items, marketing activities and other incentives are one-time, limited offers made available by Party B in addition to its standard service price, and the content of the offer does not include the modification, update and maintenance costs of the complimentary service items, and the complimentary service items may not be converted to offset the service price.

4.6 If Party A disagrees with the service fee to be paid, it shall submit a request for verification to Party B in writing. If the fees are confirmed to be incorrect upon the verification by the Parties, Party B shall adjust the corresponding fees.

Article 5   Party A's Rights and Obligations

5.1 Party A has the right to use the Services and obtain technical support and after-sales service from Party B in accordance with this Agreement.

5.2 Party A shall provide Party B with necessary technical parameters, including but not limited to elastic IP bandwidth, the billing mode selected and binding instances, actively cooperate with Party B to complete the implementation and commissioning of the NAT Gateway Services project to ensure the normal operation of the Services.

5.3 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 NAT Gateway Services, Party A should authorize it by email, ticket, 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 NAT Gateway Services. Party A is only responsible for the availability of the NAT Gateway itself, and the binding relations between the NAT Gateway and other cloud products / instances are the responsibility of Party B. 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.

5.4 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.

5.5 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 the following circumstances, Party A shall bear the corresponding liability for breach of contract:

5.5.1 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;

5.5.2 Where Party A uses the NAT Gateway to upload, download, store, and publish content that violates laws and regulations, departmental regulations, or national policies, and information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, public security, and public morals;

5.5.3 Where Party A carries out fraudulent and misleading behaviors such as gambling prizes and gambling games, or conducts Internet activities such as "private servers" and "plug-ins" that infringe on the intellectual property rights or other legitimate rights and interests of others;

5.5.4 Where Party A conducts malicious scanning, illegal intrusion into the system, illegal acquisition of data and other behaviors that damage or attempt to damage network security;

5.5.5 Where Party A runs irrelevant programs or intentionally writes malicious codes, resulting in a large amount of server memory, CPU or IP resources, and network bandwidth resources to be occupied/preempted;

5.5.6 Where Party A engages in any activities including but not limited to "DNS resolution", "security services", "domain name proxy", "reverse proxy" that may cause users to be frequently attacked (including but not limited to DDoS attacks), thereby affecting the eSurfing Cloud service platform or others.

5.6 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 Behavior, 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 claim compensation from Party A. If a crime is involved, Party A shall bear criminal responsibility according to the laws.

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) to Party A's eSurfing Cloud account.

5.7 Party A shall be responsible for the integrity and confidentiality of the data stored on the eSurfing Cloud platform and the codes and passwords for entering and managing various products and services on the eSurfing Cloud platform, and shall take necessary and effective confidentiality and security protection measures, including but not limited to standardizing permission administration for data access and account use, setting strong passwords and changing them regularly. Party A shall bear the losses and consequences caused by the loss or leakage of the above-mentioned data, codes, passwords, and alike due to improper maintenance or confidentiality by Party A.

5.8 Party A must keep the access log records of its website in accordance with the provisions of the Network Security Law, the Administrative Measures on Internet Information Services and other laws and regulations, including the content of the published information, the time of publication, and the Internet Protocol address (IP), domain names, and alike, which shall be provided to the relevant state agency when it requires according to the law. Party A shall bear the corresponding legal liabilities arising from failure to keep relevant records as required.

Article 6   Party B's Rights and Obligations

6.1 Party B shall provide the Services in accordance with this Agreement.

6.2 Party B shall provide paying Customers with a 24/7 after-sales hotline (+852 3100 0000), consulting services and online ticket services to answer and deal with the Customers' problems encountered in the use of eSurfing Cloud Computer Services.

6.3 After Party B provides fault acceptance service to Party A, the response time shall not exceed 30 minutes; after Party B provides non-fault acceptance service to Party A, the response time shall not exceed 12 hours.

6.4 After Party B provides Party A with fault acceptance or non-fault acceptance services, it will provide Party A with technical support according to the specific situation and Party A's needs, except for the relevant faults or problems that are caused by Party A's human errors and/or force majeure, and other matters out of the control of Party B.

6.5 Party B will take basic security protection measures for its systems and equipment in accordance with laws and regulations. If Party A has higher requirements for security protection measures than the aforementioned basic security protection measure standards, Party A shall purchase and configure higher security protection services or configure other security protection software and systems according to its own needs. If Party A fails to take necessary and effective security protection measures for the computer information systems and equipment it uses, Party A shall be solely responsible for damages to its rights and interests.

6.6 Party B shall provide availability warranty within the Service Rules. If Party A's requirements for availability are higher than the Service Rules, Party A needs to actively deploy its own system with high availability, and Party B can provide necessary assistance. If Party B is required to cooperate in planning and design, the Parties shall negotiate and confirm separately.

6.7 In order to provide better services, Party B has the right to overhaul, maintain, upgrade and optimize the service platform or related equipment, systems, software, etc. on a regular or irregular basis (collectively referred to as "Routine Maintenance"). If eSurfing Cloud Computer Services are interrupted or suspended within a reasonable time because of Routine Maintenance, Party B shall not be liable for it. However, Party B shall notify Party A of Routine Maintenance at least 24 hours in advance. In case of non-Routine Maintenance due to force majeure, third-party reasons, and so forth, Party B shall notify Party A in time.

6.8 Party B has the right to adjust the system default configuration of the Services at any time according to its own operating arrangements, and relevant adjustments do not constitute a breach of contract by Party B. However, Party B shall notify Party A at least 30 days in advance, and Party A shall provide with assistance (including but not limited to Party A's timely transfer and backup of relevant data, business adjustments, and authorization of Party B's adjustments). If Party A fails to assist in the adjustment in time after receiving the notice, or Party B is unable to contact Party A, Party A shall bear the consequences arising therefrom. In case of service adjustment or termination due to force majeure, third-party reasons, and so forth, Party B shall notify Party A in a timely manner.

6.9 Party B has the right to adjust the implementation method, main functions, fees etc. of the product according to objective factors such as cloud service technological evolution, technical architecture adjustment, and marketing. When Party B adjusts the fees or important product functions, it shall issue a notice on the official website of eSurfing Cloud at least 15 days in advance, and Party A has the right to decide whether to continue to use the product. Under the Payment in Advance / Payment in Arrears modes, the price of the PAYG product will automatically change on the basis of the price adjustment of Party B. The price of the annual/monthly subscription product will not change if the order is not changed/expired, and the price will be changed on the basis of the price adjustment of Party B after the order is changed/expired. When the use of Party A is affected by Party B’s price adjustment or major function adjustment, Party A may stop using the on-demand billing product at any time, and Party A may apply to unsubscribe the annual/monthly billing products pursuant to Party B’s unsubscription rules, which may be consulted with at the eSurfing Cloud customer service hotline.

Article 7 Party A’s Business Data

7.1 The services provided by Party A through eSurfing Cloud, and the data processed, stored, uploaded, downloaded, distributed, and processed by other means are all user business data of Party A.

7.2 Apart from implementing Party A's service requirements, Party B will not make any unauthorized use and disclosure, except in the following circumstances:

7.2.1 When the relevant national authorities inquire or read user business data according to law, Party B has the obligation to provide cooperation in accordance with relevant laws and regulations or the requirements of competent authorities, and to disclose to third parties or administrative, judicial and other institutions; 

7.2.2 Party A and Party B agree separately through negotiation.

7.3 Party A can delete and change its own user business data by itself, but it should be done with caution. If Party A releases the service or deletes the data, Party B will no longer retain the data according to Party A's instructions.

7.4 When the service period expires, the Services are terminated early (including early termination due to mutual agreement, early termination caused by other reasons, etc.) or Party A owes fees, unless otherwise specified by laws and regulations, required by the competent department or otherwise agreed by the Parties, Party B only continues to store Party A's user business data (if any) within a certain buffer period. The buffer period is subject to the Service Rules, product documents, and service descriptions applicable to the services ordered by Party A. Party B will delete the data when the buffer period expires. All user business data, including all cached or backup copies.

7.5 Once the user business data is deleted, it cannot be recovered; Party A shall bear the consequences and responsibilities caused by the deletion of the data. Party A understands and agrees that Party B has no obligation to continue to retain, export or return the user business data.

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 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 violates other terms of this Agreement.

8.4 Except as stipulated in Article 8.3, if Party B terminates this Agreement according to this Agreement, Party B will calculate the service fee based on the actual number of days used by Party A, return the remaining payment (if any) to Party A's eSurfing Cloud account, and reserve the right to pursue liabilities from Party A for its 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 eSurfing cloud account.

8.6 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.

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, and 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. 

Appendix I

NAT Gateway Services Service Level Agreement

Article 1   General Provisions

China Telecom ("eSurfing Cloud" or "Party B", www.esurfingcloud.com) provides the eSurfing Cloud Elastic Cloud Server Services (hereinafter referred to as the "Services") to the Customers (also referred to as "Party A") in accordance with the provisions of this Agreement and operating rules issued by Party B from time to time. Party B reserves the right to amend the terms of this Service Level Agreement (hereinafter referred to as "SLA") at any time.

Article 2   Service Description and Commitment 

2.1 Definitions

A Service Cycle means one calendar month.

Aggregate Time of a Service Cycle means the aggregate time for each Service Cycle calculated by reference to the following formula: the total number of days in each Service Cycle x 24 (hours) x 60 (minutes).

Service Unavailability does not include circumstances where the Services become unavailable due to the exclusions specified below.

Service Unavailability Duration means the aggregate time within a Service Cycle during which the Services are unavailable. The Service Unavailability Duration shall not be counted more than once, i.e. the Service Unavailability Duration of a given Service Cycle shall not be counted for purpose of calculating the Service Unavailability Duration of the next Service Cycle.

Single-Instance Service Unavailability means that the unavailability of the NAT Gateway instance within a certain minute when all the data packets within the NAT Gateway instance are dropped by the NAT Gateway, excluding any duration of service unavailability less than one minute.

2.2 Calculation of Service Availability Rates

Service Availability Rate= (the Aggregate Time of a Service Cycle - the aggregate time of Service Unavailability of such Service Cycle in minutes) / the Aggregate Time of such Service Cycle in minutes x 100%

2.3 Service Availability Rate Commitment

Party B guarantees a service availability rate not lower than 99.95% per Service Cycle for the Services.

Article 3   Exclusions

The duration of unavailability of Party A’s ECSs will not be considered for the purpose of calculating the Service Unavailability Duration if such unavailability arises from:

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

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

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

(4)    hacking attack against the applications or data information of Party A, including but not limited to DDoS attacks;

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

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

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

(8)    operating system vulnerabilities;

(9)    issues arising from backend server errors;

(10) suspension or termination of the services provided to Party A in accordance with laws and regulations, at the request of regulatory authorities or under this Agreement and the policies cited herein;

(11) other unavailability not attributable to Party B; 

(12) force majeure and unforeseen events. A force majeure or an unforeseen event refers to any objective event that is unforeseen, insurmountable and unavoidable and has a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and social events such as wars, strikes, riots, acts of the government, disruption along telecommunications trunk lines, hacking, network congestion, technical adjustments in the telecommunications sector and governmental regulation.

Article 4   Service Credit as Compensation

Compensation mode: If Party B fails to fulfill its service availability rate commitment under this SLA, Party A will be entitled to request compensation therefor in accordance with this SLA. Such compensation provided in the form of service credit in service minutes will be the sole and exclusive remedy offered to Party A by Party B for its failure to fulfill its service availability rate commitment hereunder.

Time limit for request: For each Service Cycle, Party A may, upon the settlement of the invoices therefor, submit a request for compensation with respect to the cloud services that fail to meet the service availability rate commitment, provided that such request must be submitted within two (2) months from the end of the Service Cycle during which the failure that is the subject of Party A’s request occurs. Any late request beyond such time limit will not be accepted. Party B will, in accordance with this SLA, evaluate such request in a reasonable manner and decide whether Party A is eligible for such compensation in good faith.

How to request compensation: Party A may request compensation by submitting a ticket via the customer center of eSurfing Cloud.

Article 5   The Effectiveness of this Agreement and Miscellaneous

This Agreement shall be effective and binding as of the date of application for the eSurfing Cloud Elastic Cloud Server Services by the Customer. The termination date hereof is subject to the termination of the eSurfing Cloud NAT Gateway Service Agreement.