Special Reminder:

The official website of eSurfing Cloud Website (www.esurfingcloud.com, this "Site") is created and operated by China Telecom Global Limited and its affiliates in the relevant jurisdictions (collectively, referred to as the "Service Provider"). This eSurfing Cloud Website User Agreement (this "Agreement") (together with any documents referred to herein) sets out the terms under which users may register as a user on this Site and apply or subscribe for the services provided through this Site including the cloud computing services (the "eSurfing Cloud Services"). Use of this Site includes accessing, browsing or registering to use this Site. Before registering for and using this Site, you are advised to carefully read and fully understand this entire Agreement. If you have any questions about this Agreement, please address your inquiries to us by any agreed means of communication hereunder, and the Service Provider will clarify the relevant terms hereof. If you do not accept any term of this Agreement, or if you are not able to accurately understand the clarification made by the Service Provider, please do not register for or use any services made available through this Site. By filling out the information, reading and accepting this Agreement and completing the registration procedures as prompted on the registration page, you are deemed to accept the terms and conditions of this Agreement in whole and become a user of this Site ("you", "your" or the "User"), with this Agreement constituting a binding instrument between the User and the Service Provider (collectively, the "Parties"). The User shall be entitled to apply for and use the relevant services made available through this Site after registering an account in accordance herewith. Regarding the User’s place of registration and the corresponding signing entity of the Service Provider, please refer to the eSurfing Cloud Services Agreement.

The applicable addendum as provided in Schedule 1 (the "Jurisdiction Specific Addendum") which sets forth additional requirements in the applicable jurisdictions is hereby incorporated as an integral part of this Agreement.

If a personnel is using this Site on behalf of a company, partnership, association, government or other organisation, he or she warrants that he or she is authorised to do so and that he or she is authorised to bind the company, partnership, association, government or other organisation to this Agreement. In such circumstances, the "User" shall refer to the company, partnership, association, government or other organisation.

In this Agreement: (i) any words following the words "include", "includes", "including", "in particular" or any similar words or expressions shall be construed without limitation and so will not limit the meaning of words preceding them; (ii) “affiliate” means any company, institution and legal successor thereto that the person controls or will control, is or will be controlled by, or is or will be under common control with; (iii) where the circumstances requires, the non-gender references to “it” shall include the masculine “he” or “him” and the feminine “she” or “her”, “its” shall include “his” and “her” and references to one gender include all genders; and (iv) "control" means the ability, to directly or indirectly influence the management of the relevant company, whether through ownership, voting shares, contracts or other means as determined by applicable laws and regulations.

Article 1 General Provisions

1.1 By registering as a user of this Site, the User may apply or subscribe for eSurfing Cloud Services to be provided by the Service Provider and/or its affiliates in accordance with the provisions hereof, any applicable service agreements and operating rules issued by the Service Provider from time to time.

1.2 The User agrees that (1) the Service Provider may change its services by placing announcements on this Site, without further notice to the User unless otherwise required by the applicable laws; (2) the User may choose to either continue or cease the User’s use of the eSurfing Cloud Services as of the date of the Service Provider's announcement; (3) by continuing to use the eSurfing Cloud Services, the User is deemed to fully understand and accept the eSurfing Cloud Services as amended; (4) if the User does not accept the eSurfing Cloud Services as amended, please cease using the eSurfing Cloud Services immediately.

1.3 The User should read this Agreement carefully before using the services made available by the Service Provider. If the User does not accept this Agreement and/or any amendments made hereto from time to time, please cease to use the services made available by the Service Provider.

Article 2 Scope of Agreement

2.1 This Agreement consists of the terms and conditions of this Agreement and various rules, notices and announcements that have been published or may be published in the future on this Site (collectively, the "Rules"). The Rules shall be incorporated as an integral part of this Agreement as if they are written in full herein.  

2.2 The Service Provider has the right to amend this Agreement from time to time as necessary, and any changes will be announced on this Site without separate notice to the User unless otherwise required by applicable laws. Subject to the foregoing, the amended Agreement shall take effect automatically upon announcement and become part hereof. If the User does not accept the relevant amendments, the User shall immediately cease to use this Site. By continuing to use this Site, the User is deemed to agree to comply with the amended Agreement.

Article 3 Registration and Account

3.1 Capacity Qualifications

3.1.1 The User represents and warrants that, the User is duly incorporated and validly existing under the laws of its place of incorporation and of good standing (where applicable), and has the power to enter into, and to exercise the User’s rights and to perform the User’s obligations under this Agreement. If the User does not have the aforementioned capacity qualifications, the User will be liable for all consequences resulting therefrom, and the Service Provider shall have the right to cancel the User's account. If the User is a natural person, the User hereby warrants that he or she is at least 18 years old when subscribing for or using the eSurfing Cloud Services. In addition, if the age of majority of the User’s Place of Registration is higher than 18 years old, a User who is under such age of majority warrants that valid and proper consent of the User’s parent or legal guardian has been obtained for him or her to subscribe for or to use the eSurfing Cloud Services. In such circumstances, this Agreement shall be construed as an agreement duly entered into by the User’s parent or legal guardian on behalf of the User.

3.2 Registration of Account

3.2.1 To register for an account on this Site, the User shall fill in the information as prompted by the registration page, submit the appropriate documents to confirm its qualification and/or identification (to the extent permitted by applicable laws) upon the request of the Service Provider and accept this Agreement. The User shall complete all registration procedures before it is entitled to apply for and use the eSurfing Cloud Services made available through this Site.

3.2.2 The User must set its own username (a name that cannot identify the individual) for its account. The username set by the User shall comply with applicable laws  and regulations and shall not violate laws and regulations or infringe or allegedly infringe on the legal rights and interests of others. If the User sets the username of its account allegedly in violation of applicable laws and regulations, the Service Provider has the right to terminate the provision of the eSurfing Cloud Services made available through this Site and cancel the User's account.  

3.2.3 A User shall only be able to use the eSurfing Cloud Services made available through this Site after the successful registration of the User's account using multi-factor authentication. Upon successful registration, the User will receive the username of its account, its password and other account information. Any action taken by the User's account on this Site will be deemed to be an act of the User that has been duly authorized by it. The User shall keep safe and confidential its account username, its passwords and other account information. In the event of the loss of its password or theft of its account, the User shall change the password or report the loss to law enforcement authorities and/or contact the Service Provider in a timely manner. The User shall be responsible for any loss caused by the theft of its account, the loss or access by others of password attributable to the User. If the User is aware of any illegal or unauthorized use of its account or any situation where there is a security vulnerability, the User shall notify the Service Provider immediately and report the same to law enforcement authorities.

3.2.4 The User's account shall not be traded, transferred, borrowed, charged, gifted or inherited in any way, except as otherwise provided by applicable laws and regulations or otherwise required by judicial or administrative authorities and approved by the Service Provider, supported by relevant documents and information as requested by the Service Provider in accordance with the operation procedures. Otherwise, the User shall be liable for any consequences, losses and responsibilities arising therefrom.

3.3 User Information and Materials

3.3.1 The registration information and materials provided by the User shall be true, accurate, complete and valid, and up-to-date, and shall be updated by the User from time to time if there is a change to such information and materials. If the Service Provider has good reason to suspect that the information provided by the User is incorrect, inaccurate, false, outdated or incomplete, it has the right to inquire the User and request timely correction of the same.

3.3.2 The User shall accurately and promptly fill in and update the contact information provided by it through this Site including its email address, telephone number, address, zip code, to facilitate the effective communication between the Service Provider and the User. If the User incurs any loss or increased costs because it is unreachable due to its contact information not being accurate, complete, valid or up-to-date, the User shall be responsible for such losses or increased costs arising thereof. The User understands and agrees that it is required to keep true, accurate and up-to-date contact information, and if such information is changed or needs updating, the User shall make the necessary amendments in accordance with the instructions provided on this Site.

3.3.3 The User understands and agrees that in order to ensure the security of its account and the transactions occurred herein, and to further ensure the quality of the eSurfing Cloud Services, the Service Provider has the right to remove any information or data on this Site, or suspend or terminate its provision of all or part of the eSurfing Cloud Services. The Service Provider shall not be liable for any loss incurred by the User as a result of the foregoing. If the use of cloud resources in the mainland of the People’s Republic of China is involved, the Service Provider has the right to require the User to complete the real-name verification of its account at any time in order to comply with the requirements of the applicable laws and regulations in the mainland. Meanwhile, for the purposes of the User’s access to certain products or services and the Service Provider's identification and qualification verification, the Service Provider may request additional identification materials and information from the User. The User will only be qualified to use the relevant products or services upon successful verification. The User understands and acknowledges that this Site will only conduct a pro forma verification of the information filled in by the User, and the supporting documents and/or qualification certificates submitted by the User with the level of knowledge expected of a general or non-professional personnel, and the submission of such document or information does not mean the Service Provider is obliged to or is professionally capable of confirming such document or information, the User will not infringe the rights of any third party or be in breach of contract against any third party when using the eSurfing Cloud Services. In addition, the Service Provider reserves the right to randomly check and request the User to further submit and promptly update any information and qualification documents. The User shall be solely liable for the authenticity, legitimacy, validity, and completeness of the information filled in by the User and the supporting documents and/or qualification certificates submitted by the User. If the Service Provider is aware that the User's information, certification, data, and alike is falsified, incomplete or invalid, it has the right to immediately terminate this Agreement and suspend or terminate part or all of the eSurfing Cloud Services, and hold the User liable for breach of contract.

3.4 The User shall submit the original of the aforementioned qualifications, certificates and materials for the Service Provider's examination and approval, and a copy thereof (affixed with the official seal of the User or certified as true by an authorized person of the User or the signature of a natural person) for the Service Provider's retention. The User warrants that the information provided is true, complete, accurate, legitimate and valid.

3.5 During the term hereof, if there is any change in the content of the above-mentioned capacity qualification, qualification certificates and materials, the User shall provide the most recent documents to the Service Provider as soon as possible upon such change.

3.6 The User who uses the eSurfing Cloud Services hereunder to engage in non-commercial Internet information services shall strictly abide by applicable laws and regulations of relevant jurisdictions, and continually maintain and update filing information including additional websites, domain names, accesses, cancellation of accesses, and regularly submit the information required for website management to the Service Provider and the competent regulatory bodies (if applicable) of the Service Provider. The User undertakes and confirms that all the filing information submitted by the User and the User’s end users is true, complete, legitimate and valid, and that when the filing information provided changes, the updated information shall be submitted to the filing system in a timely manner, and if the filing information is inaccurate due to a failure to update in a timely manner, the Service Provider shall have the right to take measures to suspend or terminate the provision of eSurfing Cloud Services or disconnect network access in accordance with applicable laws and regulations.

3.7 If the User breaches any of its warranties in this Agreement, including not having all the necessary qualifications or licenses to conduct business on the date of this Agreement, not going through the relevant formalities, or losing all or part of the qualifications or licenses within the term hereof, the Service Provider has the right to suspend the provision of the eSurfing Cloud Services and require the User to make rectification within a deadline. If the User fails to make rectification within the deadline to the Service Provider's satisfaction, the Service Provider has the right to terminate this Agreement without any liability. In such circumstances, the User shall be liable for breach of contract and indemnify the Service Provider for related losses.

3.8 The Service Provider has the right to verify the User and its identification and qualification information. If, in the Service Provider's sole discretion, there is any issue, it has the right to send the User a notice of inquiry or to request for correction, temporarily suspend the User's account and/or the eSurfing Cloud Services or to terminate the eSurfing Cloud Services.

3.9 If the User's account is suspended as a result of the User's violation hereof, the User will no longer be able to log in to this Site or have access to its account and any eSurfing Cloud Services. In addition, the Service Provider has the right, in its sole discretion, to permanently terminate the User’s account.

Article 4 Services Provided by This Site

4.1 The eSurfing Cloud Services provided by this Site include elastic cloud host, elastic scaling service, dedicated physical machine, cloud mirroring, elastic block storage, object storage, cloud backup, virtual private cloud, elastic load balancing, direct connect, cloud acceleration, relational database, DDos protection, cloud monitor, dedicated cloud host and other services made available based on cloud computing resources, cloud storage resources, cloud network resources, cloud security resources, cloud management and deployment resources, cloud database resources, dedicated cloud, dedicated physical machine resources and internet access. The description of the exact services provided to the User is subject to the information displayed on this Site and ultimately provided to the User by the Service Provider from time to time.

4.2 The User may choose to use the eSurfing Cloud Services at the User’s own discretion. The User may use the selected services only after agreeing to and accepting the applicable services agreements, and the Rules (including unsubscription rules), and if the User does not agree to the applicable service agreements and the Rules, the User shall not use the eSurfing Cloud Services. The User shall comply with such service agreements and the Rules and pay the applicable service fees as agreed, and shall not frequently and repeatedly subscribe and unsubscribe the User’s services for the purpose of maliciously occupying the resources of the Service Provider and other users.

4.3 The User agrees that the Service Provider reserves the right to add, delete, modify, upgrade, transfer, suspend or terminate the eSurfing Cloud Services and functional module of this Site from time to time at its sole discretion; or to suspend the provision of any service and functional module of this Site as a result of regular or unscheduled site maintenance, and/or any changes in applicable laws and regulations of applicable jurisdictions, as well as the data disclosure policies adopted by the Service Provider in jurisdictions in which it operates. The Service Provider further reserves the right to develop new services, modules, features or other voice services. Unless otherwise specified, this Agreement shall apply to any new services, modules and features as specified in this clause.

Article 5: Terms of Service Usage

5.1 The User undertakes to comply with the terms of this Agreement and the corresponding website rules and to ensure the legitimacy and validity of its account.

5.2 The User represents and warrants that the User shall, when using this Site and/or the eSurfing Cloud Services, comply with the following:

5.2.1 All acts conducted by the User shall comply with the provisions and requirements of applicable laws and regulations of relevant jurisdictions, shall not be contrary to the public interest or public morality, shall not damage or infringe the legitimate rights and interests of any third party or do any acts which constitute tax evasion, and shall not violate this Agreement;

5.2.2 The User shall not make commercial use of any data or information displayed or provided on this Site that are owned by the Service Provider, including using the materials, information and data owned by the Service Provider that is displayed or provided on this Site by reproduction, dissemination and other means, except with the prior written consent of the Service Provider;

5.2.3 The User shall not imitate, modify, translate, adapt, lend, sell, sublicense, disseminate or transfer the eSurfing Cloud Services, or reverse engineer, disassemble, decompile, decompose the eSurfing Cloud Services or otherwise attempt to discover the source code of such services provided through this Site;

5.2.4 The User shall not send, upload or store computer codes, files, scripts or programs through this Site with viruses, worms, Trojan Horses and other harmful content;

5.2.5 The User shall not use this Site to distribute unwanted or unsolicited emails, electronic advertisements or messages containing illegal, pornographic or other harmful information;

5.2.6 The User shall not use the resources and services provided by the Service Provider to upload, download, store, or publish any information or content that is illegal, infringing, obscene, pornographic, immoral, fraudulent, defamatory, threatening, or harassing, or facilitate the publication of such information by others (including facilitating by setting URLs, BANNER links);

5.2.7 The User shall not create or use the relevant equipment or configuration to run programs or processes that are irrelevant to the eSurfing Cloud Services, or intentionally write malicious codes to occupy a large amount of the memory space of the server, CPU or network bandwidth resources, putting a heavy load on other users' networks or servers (including local, out-of-town and international networks and servers) and products/applications, affecting the connection to the international Internet or specific networks or servers and within the Service Provider, or resulting in the crash of the server hosting the websites used by other users, or the loss of access of other users to their products or applications;

5.2.8 The User shall not make any attempt to undermine the cyber security of this Site (including phishing, hacking, network fraud, website or space containing or allegedly spreading viruses, Trojan Horses or malicious code, and alleged attack against other websites or servers via virtual servers);

5.2.9 The User shall not change or attempt to change the configuration of the system provided by the Service Provider or undermine the security of the system;

5.2.10 Where the eSurfing Cloud Services involve the licensing of third-party data and software, the User agrees to abide by applicable licenses;

5.2.11 The User shall refrain from engaging in any violations of laws and regulations and inappropriate behavior.

5.3 The User represents and warrants that it shall, when using this Site, comply with the following requirements:

5.3.1 All of its data are from legitimate sources and will not infringe upon the legitimate rights and interests of any third parties. The User shall obtain applicable licenses or approvals when necessary, and comply with the requirements of applicable laws and regulations as issued and updated from time to time. If requested by the Service Provider, the User shall promptly provide relevant supporting documents, agreements or qualification certificates and licenses. The User shall comply with the undertakings given and warranties made by the User in this paragraph;

5.3.2 The data imported shall be secure, stable, valid, and free from viruses, worms, Trojan Horses and other harmful computer codes, files, scripts and programs, or any of the features of malware published by the applicable internet societies  or other international Internet societies or institutions, and will not cause damage to the relevant systems of the Service Provider and/or its affiliates, or to the data of the Service Provider and/or its affiliates or other third parties;

5.3.3 The User shall not attack the platform or steal or obtain data provided by the platform by any improper means;

5.3.4 In the event of early termination, rescission or cancellation hereof, if the User wishes to delete the imported data, the User shall do so by using the applicable functions provided by the Site. If the User requests assistance from the Service Provider with such deletion, the User shall notify the Service Provider in advance;

5.3.5 If a judicial or administrative authority or a third party right holder claims that the User's data or the information published by the User is allegedly illegal or infringing, and request a deletion of such data or information by this Site, the Service Provider has the right to delete the same as requested by such judicial or administrative authorities or the third party right holder, and shall not be liable for breach of this Agreement or any confidentiality undertakings between the Parties or otherwise liable to the User for whatever reasons or on whatever grounds as a result. In addition, the Service Provider has the right to terminate the applicable services in accordance with the terms of this Agreement.

5.4 The User understands and agrees that the User is obliged to and responsible for data backup and preservation, and the Service Provider is not liable for such data backup and preservation or any consequences thereof except as otherwise agreed by the Parties.  

5.5 Unless otherwise specified herein or agreed between the Parties, the User agrees that the Service Provider may send notices to the User by email, SMS or mail transmission via its affiliates.

Article 6 Obligations and Liabilities of the User

6.1 The User shall, when using the eSurfing Cloud Services hereunder, comply with applicable laws and regulations of relevant jurisdictions and the terms and conditions hereunder and shall not act in violation of applicable laws and regulations, or infringe upon the legitimate rights and interests of the Service Provider and any third party. 

6.1.1 Subject to the other terms and conditions hereof and any schedule hereto, the User shall not publish, transmit or store via this Site any information or content, and shall not facilitate the publishing, transmission or storage of such information or content by others (including facilitating by setting URLs and links) if such information or content:

(1) is contrary to relevant laws, regulations or rules relating to political propaganda and/or news dissemination applicable in the relevant jurisdictions;

(2) endangers national security and leaks state secrets of relevant jurisdictions;

(3)  advocates or abets feudal superstition, disseminates obscenity, pornography, gambling, violence, terror or crimes;

(4) violates relevant ethnic policies and religious policies adopted by relevant jurisdictions;

(5) is related to gaming, gambling games, "private server", "cheating programs", fraud and other illegal activities;

(6) insults or defames others or infringes on the legitimate rights and interests of others;

(7) hinders the safety of Internet operation;

(8) is otherwise detrimental to social order, social security, public morality, violates applicable laws and regulations, or infringes on the legitimate rights and interests of others.

6.1.2 The User shall not engage in any activity that endangers or may endanger the Site or related platform providing relevant services, cybersecurity and information security, including:

(1) Deleting or modifying the function of the service portal, relevant platform or the data and applications stored, processed or transmitted thereby;

(2) Using the network and system to steal or destroy the information of others or damage their legitimate rights and interests;

(3) Intentionally creating, reproducing or spreading computer viruses or otherwise attacking the services of others;

(4) Publishing or storing information featuring fraudulent contents as well as phishing websites, such as prompting false prize winner notification letter with website links; creating a fraudulent website, namely a look-alike of the legitimate website, with a URL similar to such website and stealing relevant information from users of the website;

(5) Publishing or storing transactions information related to pseudo-base stations, such as pseudo-base station equipment and alike;

(6) Publishing or storing online games-related information featuring cheating programs or private servers, such as cheating programs for games (cheating programs, software and clients, plug-in cards, and so forth); private server (private server setting up services, private server programs, private server websites, private server source code, server and spaces, and so forth);

(7) Engaging in phishing, hacking, network fraud, mining and other illegal activities, incorporating viruses, Trojan Horses, malicious code in websites or spaces or allegedly spreading the same via websites or spaces, or allegedly attacking other websites and hosts through virtual hosting, such as scanning, sniffing, ARP spoofing and DDoS;

(8) Otherwise endangering the security of telecommunications networks and information security.

6.1.3 If the User violates any applicable laws and regulations or any provision hereunder in any way, the Service Provider has the right to suspend or terminate the provision of the eSurfing Cloud Services, keep relevant records and report to the competent government authorities, in which case, the User shall be liable for all consequences and assume all responsibilities arising therefrom.   

6.2 If the User uses any of the eSurfing Cloud Services to conduct Internet information services and other related businesses, the User warrants that throughout the term of this Agreement, the User shall maintain all qualifications and/or go through the relevant procedures as required by applicable laws to carry out such businesses.  

6.3 The User shall, when using the eSurfing Cloud Services provided through this Site, guarantee the legitimacy and non-infringement of the software provided and used by the User. If any third party claims that the software used by the User infringes its ownership thereof or intellectual property therein or other legitimate rights thereto and interests therein, the User shall be liable for settling the claim and indemnifying the Service Provider for all costs and losses thus incurred.

6.4 The User shall be liable for all the consequences attributable to the User and its end-users during the User’s and/or its end users’ use of the eSurfing Cloud Services. If the acts of or contents involved in the use by the User and/or its end-users of the eSurfing Cloud Services are illegal or infringing in any way, and the Service Provider is held liable therefor or incurs losses therefrom, the User shall be liable for settling the issue and indemnifying the Service Provider for all losses thus incurred. In addition, the Service Provider has the right to terminate this Agreement.

6.5 During the User’s use of the eSurfing Cloud Services, the User has the right to use the IP address assigned by the Service Provider and shall not transfer it to others in any way. The User shall not use any IP address not assigned to the User by the Service Provider. When the User ceases to use the eSurfing Cloud Services, the Service Provider shall have the right to take back the right of use of the relevant IP address.

6.6 The User is responsible for keeping confidential its own information, materials, and data (including trade secrets) as well as the information, materials and data of the User’s end users and other related subjects involved in the User’s use of services made available by this Site, and shall assume all the consequences and liabilities arising therefrom.

Article 7 Rights and Obligations of the Service Provider

7.1 The Service Provider has the right to review the information published by the User to the public, and if such information is found to contain any content that violates this Agreement, including any content that is illegal or against the public order and morality, content that exceeds the scope of the business license or the filed items, or data or information that points to the link to the aforementioned content, the Service Provider has the right to request a modification or deletion of the same by the User. If the User fails to correct as requested, the Service Provider has the right to terminate the provision of the eSurfing Cloud Services.

7.2 The Service Provider has the right to reject website and information data content published by the User at any time in accordance with applicable laws and regulations. If the User does not accept the Service Provider's rejection of such website and data content submitted by the User or fails to reply, the Service Provider has the right to terminate the provision of the eSurfing Cloud Services to the User.

7.3 The Service Provider will be responsible to resolve problems attributable to the Service Provider on the Site caused by failure of cloud computing resources, cloud storage resources and Internet access, excluding any failure caused by the User and/or a Force Majeure Event and other third parties.

Article 8 Confidentiality

8.1 In this Agreement, "Confidential Information" means all information disclosed or made available to the User by the Service Provider, as well as the trade secrets and all other information not known to other third parties related to the business of the Service Provider and its affiliates obtained, known or exchanged by the User from this Site by virtue of trust and cooperation, including:

8.1.1 The operational data, transaction data, user information (such as user ID, user list, user relationship), technical data, financial information, business channels, and plans, software, programs, manuals, and alike of the Service Provider and its affiliates;

8.1.2 Information obtained by the Service Provider and its affiliates from third parties to which a duty of confidentiality is owed;

8.1.3 Any other confidential or proprietary information; and

8.1.4 Other information that is not generally known to any person other than the Service Provider and its affiliates and is not disclosed in the public domain.

8.1.5 The Parties acknowledge that all such information constitutes Confidential Information and that such Confidential Information is of great importance and commercial value to the Service Provider and its affiliates, and any data breach or improper use thereof will lead to serious impact and economic loss. The User agrees to keep such Confidential Information strictly confidential. If it is not possible to confirm whether or not certain information is Confidential Information, the User shall also protect such information as if it is Confidential Information.

8.2 For the avoidance of doubt, "Confidential Information" referred to herein does not include:

8.2.1 information that is already generally known to the public, or made available to the public without violating the provisions of this Agreement;

8.2.2 information that the User has already possessed or known prior to the User’s receipt of the information from the Service Provider on a non-confidential basis;

8.2.3 information that is obtained from a third party on a non-confidential basis.

8.3 The Service Provider is not liable for the authenticity, suitability, completeness and reasonableness of Confidential Information and makes no representations or warranties, express or implied, with respect thereto. The Service Provider shall not be liable for any use of the Confidential Information by the User.

8.4 Use and Protection of Confidential Information:

8.4.1 The User shall undertake to use Confidential Information in accordance with the requirements specified by the Service Provider from time to time, and the User shall not emulate, reverse engineer, decompile, or attempt to decipher the Confidential Information (for example, any source code), or disclose, disseminate, sell or transfer such Confidential Information to any third party in any way, or use it for any commercial purpose or commercial benefit. If the Service Provider establishes additional requirements for some of the eSurfing Cloud Services used by the User (or services provided by other data platforms involved in the use of the eSurfing Cloud Services), the User shall also comply with such additional requirements and may not use such services until the aforementioned requirements are fulfilled.

8.4.2 The User shall protect the Confidential Information and take all necessary confidentiality measures therefor.

8.5 Period of confidentiality

The User’s obligation to keep confidential the Confidential Information shall remain valid during the term of this Agreement and survive the termination hereof.

Article 9 Intellectual Property

9.1 All contents displayed or provided by the Service Provider on this Site, including data, pictures, files, information, materials, website structure and layout, and webpage design, are owned by the Service Provider and/or third-party rights holders licensing such use to the Service Provider as the owners of the intellectual property rights, including trademarks, patents, copyrights, and rights to use. No one shall use, modify, reproduce, publicly disseminate, or distribute any such contents without the written consent of the Service Provider and/or the third-party rights holders. In addition, the User shall not use, demonstrate, or reproduce the name of eSurfing Cloud or China Telecom (including consisting of, either alone or in combination with other elements, the brand of “China Telecom” or of any of its affiliates, the logos or patterns associated with such brands; or any similar company names, trade names, trademarks, and products; or names, domain names, graphic symbols, signs, or logos with specific descriptions that enable a third party to identify China Telecom and/or any of its affiliates) for any marketing, advertising, promotional or other purposes without the prior written consent of the Service Provider and/or the aforementioned rights holders. The responsibilities and obligations of the User under this provision shall survive the termination of this Agreement and remain fully binding.

9.2 The User shall ensure that the User’s use of any data, software, or technology provided or used as part of the eSurfing Cloud Services does not infringe upon the legitimate rights and interests of any third party. If a third party makes a claim or initiates or threatens a lawsuit against the Service Provider and/or any of its affiliates based on such products, the User shall bear all liabilities and losses thus incurred by the Service Provider and/or its affiliates, and the Service Provider has the right to terminate the eSurfing Cloud Services and cancel the User’s account at any time.

9.3 In providing software services such as operating systems (e.g., Microsoft and Linux), the Service Provider warrants that the provision and use of such software does not violate applicable laws and regulations in relevant jurisdictions. However, the Service Provider is not the technology or service provider of the relevant software and thus will not be liable for any technical problems caused by such software or any consequential liabilities or losses incurred by the User.

Article 10 Liability for Breach of Contract

10.1 If the User breaches any of the User’s obligations, undertakings, or warranties under this Agreement, the Service Provider has the right to take one or more of the following measures at any time based on the circumstances of the breach, in particular the damage caused to the Service Provider, other users, or the relevant third parties:

10.1.1 to request an instant replacement or modification of the corresponding contents by the User;

10.1.2 to restrict or suspend the User’s use of the eSurfing Cloud Services (including restricting services, suspending the provision of and taking back relevant resources, and limiting the access of its account); and

10.1.3 to exercise any of its other rights or remedies under this Agreement or at law against the User in respect of such breach.

10.2 For any irregularity discovered with respect to the use of the User’s account, including frequent and repeated logins in a short period of time or frequent IP address changes, the Service Provider has the right to suspend such account for the security of both the User’s account and the Site. During the suspension, the User may provide a written explanation to the Service Provider supported by relevant evidence; the Service Provider will examine and verify such explanation and evidence, and may resume, continue to suspend, or make other decisions with respect to the User’s account, or hold the User liable for breach of this Agreement pursuant to the provisions hereof.

10.3 The User shall indemnify, hold harmless, and defend the Service Provider and/or its affiliates, from and against, on a full indemnity basis, any liabilities, losses, damages, claims, actions, costs and expenses (including reasonable attorneys’ fees and other necessary expenses), claims by other users or third parties, or penalties imposed by any administrative authorities as a result of the User’s violation of any provisions of appliable laws and regulations or this Agreement. The Service Provider may, where necessary, participate in the defense and settlement of such claims or actions. No settlement shall be reached that will adversely affect the rights or obligations of the Service Provider without its prior written consent. The Service Provider reserves the right, at its own expense, to assume the exclusive defense and control of any claim or action upon notice to the User.

10.4 If the User uses or discloses any Confidential Information in violation of this Agreement, the User shall assist the Service Provider in taking back such information by all means to prevent further disclosure or infringement thereof.

10.5 The User agrees that any unauthorized use or disclosure of Confidential Information will cause irreparable damage and material injury to the Service Provider and/or its affiliates. In addition to all remedies available under this Agreement, at law or in equity, the Service Provider and/or its affiliates shall have the right to seek from a competent court injunctive or appropriate relief based on their reasonable judgment with respect to any actual or potential breach of this Agreement. The User shall fully compensate for any damage or loss that the Service Provider and/or its affiliates may suffer as a result of such breach. The Service Provider shall have the right to terminate this Agreement upon notice to the User.

10.6 Notwithstanding anything to the contrary in this Agreement, the Service Provider is not liable for the User’s loss of prospective profits, goodwill, loss or corruption of data, or any other losses resulting from any breach of this Agreement.

Article 11 Limitation of Liability

11.1 The User shall bear all risks and consequences arising from the User’s uploading, development, operation, management, storage, and maintenance on this Site. The Service Provider shall not be liable for anything uploaded, operated, or posted by the User that is inaccurate or incorrect, whether such inaccuracies are caused by the User or by any device or program used by or connected to, among others, the relevant algorithm or model.

11.2 The Service Provider will use its reasonable endeavours to take appropriate security measures based on existing technology to ensure the security and normal operation of the eSurfing Cloud Services. Notwithstanding the foregoing, where the eSurfing Cloud Services is affected with respect to its continuity, accuracy, reliability, applicability, or any other aspects as a result of potential computer viruses, network communication failures, system maintenance or other such causes, the User’s improper operation or its use of the eSurfing Cloud Services by means other than those authorized by this Site, or any potential Force Majeure Events, the Service Provider shall not be liable for any damages resulting therefrom, including, without limitation, damages for loss of profits, goodwill, data.

11.3 In view of the special nature of computers and the Internet, the following circumstances shall not be considered as a breach of contract by the Service Provider:

11.3.1 interruption to the eSurfing Cloud Services for a short period of time for configuring or maintaining the Service Provider's servers; or

11.3.2 slow website speed due to Internet congestion.

11.4 To the maximum extent permitted by applicable laws, the Service Provider or any of its affiliates shall in no event be liable to the User or any other person for any indirect, incidental, special, punitive, or consequential loss or damages (including any loss of business or profits) arising out of the use or inability to use this Site or any of the eSurfing Cloud Services, even if the Service Provider or its affiliate is aware of the possibility of such loss or damages.

11.5 The User agrees that no failure or delay by the Service Provider in exercising any right and/or remedy under this Agreement or compensation obtained pursuant to this Agreement or legal provisions shall operate as a waiver thereof or of any other rights or remedies, nor shall any single or partial exercise of any right and/or any remedy granted under this Agreement or legal provisions preclude further exercise thereof or any other remedies, or other measures to exercise other rights or seek remedies.

11.6 The Service Provider shall not be liable for any consequences of a Force Majeure Event or contingency. A "Force Majeure Event" or contingency refers to any objective event that is unforeseen, unavoidable, and insurmountable and has a significant impact on one or both Parties, including natural disasters such as fire, flood, earthquake, severe weather, lightning, rainstorm, tempest, plague, epidemic (including COVID-19), and global pandemic or infectious disease, and social events such as act or threat of terrorism, war, military action, explosion, civil unrest, labor shortage or dispute, strike, riot, commotion, change in applicable law, acts of the government or other competent regulatory authority (including, without limitation, regulatory or other telecommunication operators or third party providers or management or other competent bodies), power failure or shortage of power supply, disruption along telecommunications trunk lines, vandalism, hacking, network congestion, technical adjustments in the telecommunications sector, and government regulation.

11.7 All information is for general reference only, for which the Service Provider is not responsible.

11.8 The User shall bear any risks arising from its access to and use of the Site, and the Site is provided on an as-is and as-available basis. This Site is for your use only and the Service Provider makes no representations or warranties, express or implied, including, any warranty of merchantability or fitness for any particular purpose.

11.9 To the maximum extent permitted by applicable laws, the Service Provider shall not be liable to any User for any loss or damage arising out of or in connection with its use of or inability to use this Site or the User’s use of or reliance on any information on this Site, whether based on contract, tort (including negligence), breach of any statutory obligation, or otherwise, even if such loss or damage is foreseeable.   

11.10 Whenever the User is dissatisfied with any aspect of the eSurfing Cloud Services, ceasing to access and use the eSurfing Cloud Services shall constitute the sole remedy available to the User. The Service Provider's total aggregate liability in respect of any and all causes of action arising out of or in connection with this Agreement (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) will not exceed US$500. In those jurisdictions where exclusion or limitation of liability is not allowed, the Service Provider's liability will be limited to the maximum extent as permitted by applicable laws. The Service Provider does not endorse, warrant, or guarantee any materials, products, or services provided through the Service Provider or this Site. The Service Provider is not intended to and will not be a party to any transaction between the User and any third party.

11.11 Neither the Service Provider nor any of its affiliates will warrant or assume any responsibility with respect to:

a) whether the information provided on this Site is accurate, adequate, up-to-date, or reliable, or may be used for any purpose other than for general reference;

b) whether the information provided on this Site is free from any defect, error, omission, virus, or anything harmful that may alter, delete, get fixed on, or damage the User's software, data, or device;

c) information sent over the Internet, including relating to this Site or any service, will not be intercepted, interrupted, error-free, delayed, or lost;

d) this Site or any service will be available or uninterrupted once connected;

e) the use of this Site or any service will produce any special results; or

f) any defect of this Site or any service will be rectified.

11.12 The User shall rely on the User’s own expertise and judgement when using or interpreting such information or using the eSurfing Cloud Services. The User is responsible for ensuring that the User’s use of such information and the eSurfing Cloud Services will comply with all applicable laws and regulations.

11.13 This Site may contain information provided by third-party service providers or obtained by the Service Provider from other references or sources. The information on this Site regarding any person, product or service shall not be considered a recommendation or endorsement by the Service Provider for any purpose.

11.14 The Service Provider shall not be responsible for any information being not up-to-date, nor will the Service Provider further verify such information. Therefore, the Service Provider assumes no responsibility for such information. The User shall use and reply on such information at its own risk.

11.15 Links provided by this Site may direct the User to other websites. The User acknowledges and agrees that neither the Service Provider nor any of its affiliates are responsible for the accuracy or validity of any information provided by any linked websites. Links to other websites do not constitute an endorsement by the Service Provider of such websites or the information, products, advertising, or other materials they provide.

11.16 The limitation of liability contained herein shall apply to the fullest extent permitted by applicable laws and regulations. Without limiting the foregoing, nothing in this Agreement shall limit or exclude either Party’s liability for: (1) death or personal injury caused by negligence; (2) fraud or fraudulent misrepresentation; or (3) any other liability to the extent that it may not be limited or excluded in accordance with applicable laws and regulations.

Article 12 Termination and Assignment of this Agreement

12.1 The Service Provider has the right to suspend or terminate part or all of the eSurfing Cloud Services provided to the User, cancel the access of the User's account to this Site, or terminate this Agreement in accordance with laws, this Agreement, without any liability to the User or any third party.

Article 13 Notice and Delivery

13.1 Any notice from the Service Provider to the User may be given by means such as email and SMS addressed to any of the contact information provided by the User in its registration; such notice is deemed to have been served on the recipient on the date it is sent.

13.2 Any notice from the User to the Service Provider shall be given via the enquiry hotline of the Service Provider: +852-3100-0000.

Article 14 Privacy Policy

14.1 In this Agreement, "Personal Data" means personal data as defined in the laws, regulations, legislative and regulatory requirements and codes of practice applicable to the Service Provider, the User, this Site, and the eSurfing Cloud Services in respect of the use and processing of personal data, including: (a) any data protection laws which apply to personal data processing as set out under this Agreement, whether international, foreign, national, state, and/or local, including the Personal Data (Privacy) Ordinance (Cap. 486 of Hong Kong); and (b) any amendments or successor legislation ("Data Protection Laws").

14.2  The Service Provider attaches great importance to the protection of the information and privacy of the User. In providing services to the User through this Site, the Service Provider will collect, store, use, share, transfer, publicize or disclose, protect, and manage the User's Personal Data and privacy in accordance with Data Protection Laws. The privacy policy of this Site is specified in the Service Provider Privacy Policy, which the User agrees to carefully read and understand. The User consents to the collection, use and disclosure of its Personal Data for the purposes set out in the privacy policy. The User also agrees that the privacy policy constitutes an integral part of this Agreement.

Article 15 Governing Law and Jurisdiction

15.1 The validity, interpretation, amendment, performance, and dispute resolution of this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), provided this stipulation is not in conflict with applicable laws and regulations. Such rules shall remain unaffected.

15.2 The Parties shall endeavor to resolve, through amicable negotiations, any dispute arising out of the conclusion, performance, or interpretation of this Agreement. If such amicable negotiation fails, the Parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

15.3 Nothing in Section 15.2 or elsewhere in this Agreement shall prevent the Service Provider from (i) seeking from any competent court an emergency injunction or similar relief for it to exercise its rights under this Agreement; or (ii) instituting any legal action or proceeding before any court to recover any related outstanding amounts due to it.

Article 16 Miscellaneous Provisions

16.1 The eSurfing Cloud Services Agreement between the Parties shall be terminated automatically upon the termination of this Agreement.

16.2 For matters not covered in this Agreement, the Parties agree to comply with the eSurfing Cloud Services Agreement. In the event of any conflict between this Agreement and the eSurfing Cloud Services Agreement on the same matter, the eSurfing Cloud Services Agreement shall prevail.

16.3 If any provision hereof is held to be invalid, void or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of this Agreement and other provisions hereof. In particular, if any provision contained in this Agreement is held to be invalid or unenforceable but would be valid and enforceable if part of the wording of the provision is deleted, the provision shall apply with such modification as is necessary to make it valid and enforceable.

16.4 A person who is not a party to the Agreement has no right to enforce any terms of the Agreement under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or otherwise.

16.5 Any delay or failure by the Service Provider to enforce the terms of the Agreement shall not constitute a waiver of those terms or its rights thereunder, and such failure shall not affect the Service Provider's rights to enforce such terms and rights at a later time.

16.6 Nothing in the Agreement is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between the Service Provider and the User. A Party shall not be deemed to be an agent or representative of the other Party by virtue of this Agreement, and no Party is authorised to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of another Party, and without limiting the generality of the foregoing, a Party shall not enter into any contract, agreement, or other commitment, make any warranty or guarantee, or incur any obligation or liability in the name or otherwise on behalf of another Party.

16.7 The User consents to receive communications from the Service Provider electronically and the User agrees that all agreements, notifications, disclosures and other communications that the Service Provider provides to the User electronically satisfy any legal requirement that such communications be in writing, unless applicable laws and regulations specifically require a different form of communication.

16.8 In the event of any conflict or inconsistency between the English and Chinese versions (or versions of any other language this Agreement is made available in) of this Agreement, the English version shall prevail. For any ambiguity in the Chinese version (or versions of any other language this Agreement is made available in), the English version shall be referred to.

Schedule 1

Jurisdiction Specific Addendum

A. Jurisdiction Specific Addendum (Brazil)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

In this Addendum:

“ANPD” means the Brazilian National Data Protection Authority; and

“Applicable Brazilian Laws” means Law No. 13,709/2018 (“Brazilian General Data Protection Law” or “LGPD”); Guidance issued by ANPD; Law No. 12,965/2014 (“Brazilian Civil Rights Framework for the Internet” or “MCI”); Decree No. 8,771/2016 (regulates the MCI); and, Law No. 8,078/1990 (“Consumer Protection Code”).

2. Additional Provisions

If the User uses the eSurfing Cloud Services with resources provided in Brazil, the following terms and conditions shall be applicable:

2.1 The Service Provider undertakes to implement appropriate technical and organizational measures to ensure the security of the Personal Data inserted into the Site under the Applicable Brazilian Laws.

2.2 The User acknowledges and consents that Personal Data in connection with this Agreement may be transferred to and stored in the Hong Kong if the Service Provider or its affiliate has no local servers located in Brazil.  

2.3 User hereby expressly authorizes the Site to use features such as, but not limited to, "cookies" in order to provide a better and more personalized service under the terms of the Service Provider’s Privacy Policy.

2.4 In case of any complaints, suggestions, requests or questions regarding the collection, use, storage, transfer or protection of the User’s Personal Data, the User shall contact the Service Provider or its affiliate by using the contact information provided under Clause 11.8 of the eSurfing Cloud Services Agreement (attention: Privacy Officer, Legal Department at dataprotection@chinatelecomglobal.com).

B. Jurisdiction Specific Addendum (Cambodia)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

In this Addendum:

"Applicable Cambodian Laws" means Cambodia’s Constitution promulgated on 24 September 1993, Civil Code dated 8 December 2007 as amended by the Law on Implementation of the Civil Code dated 31 May 2011, Criminal Code of Cambodia adopted on 30 September 2009, Law on Electronic Commerce dated 02 November 2019, and other relevant laws and regulations issued by any competent authorities of the Royal Government of Cambodia;

“Cambodia” means the Kingdom of Cambodia; and

"Substantial Clause" means any substantial Clause or term of the contract that the User deems important for the formation of the contract and the Service Provider should have been aware of the importance of such clause or term.

2. Additional Provisions

If the User uses the eSurfing Cloud Services with resources provided in Cambodia, the following terms and conditions shall be applicable:

2.1 Access and Applicability

2.1.1 The User warrants that the User or its personnel shall not use the eSurfing Cloud Services for any other purposes which may lead to the illegal acts as prohibited and restricted under the Applicable Cambodian Laws.

2.1.2 The Service Provider reserves the right to deny the User’s access to the Site, without any prior notice whatsoever, in the event that the User or any User’s acts deems to violate any of these present terms and conditions or the User uses this Site for any illegal or unlawful purposes.

2.2 Data and Information and Protection

2.2.1 The Service Provider will not sell or share the User’s Personal Data collected during the course of the User’s usage of eSurfing Cloud Services under this Agreement, to any third party without prior written consent of the User.

2.2.2 The Service Provider undertakes that the User’s Personal Data shall be protected by the security safeguard as it is reasonable, at all circumstances, to avoid the loss, access, use, modification, leak or disclosure of those information, except the prior written consent of the User is obtained or to the extent which is allowed by the Applicable Cambodian Laws.

2.3 Change of Terms and Conditions

2.3.1 The User will be notified or provided with the written notification 30 days prior to the effective date of any amendment, modification, or changes to any clause of the terms and conditions other than Substantial Clause.

2.4 Application of Law and Dispute Resolution

If User(s) is located in Cambodia, Clause 15 of the Agreement is replaced with the following:

15.1. The laws of Cambodia will govern any and all disputes, controversy, or claim arising under, out of, or relating to the Agreement.

15.2. Where there is a dispute, controversy, or claim arising under, out of, or relating to the Agreement, the aggrieved party shall notify the other party in writing of the nature of such dispute with as much detail as possible about the alleged deficient performance of the other party. A representative from senior management of each of the parties shall meet in person or communicate by telephone within ten (10) days of the date of the written notification in order to reach an agreement about the nature of the alleged deficiency and the corrective action to be taken by the respective parties.

15.3  Any dispute that cannot be settled amicably as set forth above shall be referred to and finally settled by the non-exclusive jurisdiction of the competent court of Cambodia.

C. Jurisdiction Specific Addendum (Germany)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

If the User uses the eSurfing Cloud Services with resources provided in Germany, the following terms and conditions shall be applicable:

2. General Provisions

2.1 Where the User is a consumer, Article 1.2 with the heading “General Provisions” is replaced by the following provision:

The User agrees that (i) the Service Provider may change its services by placing announcements on this Site, without further notice to the User unless this is unreasonable for the User, taking into account the interests of the Service Provider; (ii) the User may choose to either continue or cease the User’s use of the eSurfing Cloud Services as of the date of the Service Provider's announcement; (iii) by continuing to use the eSurfing Cloud Services, the User is deemed to fully understand and accept the eSurfing Cloud Services as amended; (iv) if the User does not accept the eSurfing Cloud Services as amended, it should immediately cease to use the eSurfing Cloud Services.

3. Scope of Agreement

3.1 Where the User is a consumer, Article 2.2 with the heading “Scope of Agreement” is replaced by the following provision:

the Service Provider has the right to formulate and amend this Agreement from time to time as necessary, unless this is unreasonable for the User, taking into account the interests of the Service Provider, and any changes will be announced on this Site without separate notice to the User. The amended Agreement shall take effect automatically upon announcement and become part hereof. If the User does not accept the relevant amendments, it shall immediately cease to use this Site; by continuing to use this Site, the User is deemed to agree and agrees to comply with the amended Agreement.

4. Registration and Account

4.1 Where the User is a consumer, Article 3.7 with the heading “Registration and Account” is replaced by the following provision:

If the User breaches any of its warranties in this Agreement including not having all the necessary qualifications or licenses to conduct business on the date of this Agreement, not going through the relevant formalities, or losing all or part of the qualifications or licenses within the term hereof, the Service Provider has the right to suspend the provision of the eSurfing Cloud Services and require the User to make rectification within a deadline; if the User fails to make rectification within the deadline to the Service Provider's satisfaction, the Service Provider has the right to terminate this Agreement without any liability. In such circumstances, the User shall be liable for breach of contract and compensate the Service Provider for related losses only to the extent that the User is responsible for the relevant breach or violation of the Agreement.

5. Services Provided by This Site

5.1 Where the User is a consumer, Article 4.3 with the heading “Service Provided by This Site” is replaced by the following provision:

5.1.1 The User agrees that the Service Provider reserves the right to add, delete, modify, upgrade, transfer, suspend or terminate the eSurfing Cloud Services and functional module of this Site from time to time at its sole discretion; or to suspend the provision of any service and functional module of this Site as a result of regular or unscheduled site maintenance, and/or any changes in applicable laws and regulations, as well as the data disclosure policies adopted by the Service Provider in jurisdictions in which it operates unless this is unreasonable for the User, taking into account the interests of the Service Provider. The Service Provider further reserves the right to develop new services, modules, features or services in other languages. Unless otherwise specified, this Agreement shall apply to any new services, modules and features as specified in the previous sentence.

5.1.2 However, where the User is a consumer, the following restrictions apply with respect to the aforementioned:

5.1.2.1 The Service Provider only makes changes to the eSurfing Cloud Services that go beyond what is necessary to maintain conformity with the Agreement pursuant to Sec. 327e (2) and (3) and Section 327f of the German Civil Code, where the Agreement provides for this possibility and contains a valid reason for it. In this case the User does not incur any additional costs as a result of the amendment and the Service Provider will inform the User clearly and comprehensibly about the change.

5.1.2.2 Where a change to the eSurfing Cloud Services affects its usability or the User's ability to access the eSurfing Cloud Services, the Service Provider will also inform the User within a reasonable period before the time of the change by means of a durable medium. The information will contain details of the characteristics and time of the change as well as relevant rights of the User under applicable laws and regulations. The aforementioned restrictions shall not apply if the impairment of the accessibility or usability is only insignificant.

5.1.2.3 If a change to the eSurfing Cloud Services impairs accessibility or usability, the User has the right to terminate the Agreement free of charge within 30 days. The period shall commence upon receipt of the information from the Service Provider, unless the change occurs after receipt of the information, then the time of the change shall take the place of the time of receipt of the information. The User shall not have such right to terminate the Agreement if the impairment of accessibility or usability is only insignificant, or the User retains access to the unchanged eSurfing Cloud Services and the usability of the unchanged eSurfing Cloud Services without incurring additional costs.

6. Obligations and Liabilities of the User

6.1 Where the User is a consumer, Article 6.1. with the heading “Obligations and Liabilities of the User” is supplemented by the following provision:

Where the Service Provider provides and informs the User of any update necessary to maintain the conformity of the eSurfing Cloud Services with the Agreement to the User during the Agreement, the User shall allow and implement such update. The User is hereby expressly advised of the consequences of failure to do so as laid out in Article 10 of this Schedule.

6.2 Article 6.1.1 with the heading “Obligations and Liabilities of the User” is replaced by the following provision:

Subject to the other terms and conditions hereof and any schedule hereto, the User shall not publish, transmit or store via this Site any information or content, and shall not facilitate the publishing, transmission or storage of such information or content by others (including facilitating by setting URLs and links) if such information or content:

(1) endangers national security and leaks state secrets of relevant jurisdictions;

(2) disseminates obscenity, pornography, gambling, violence, terror or crimes;

(3) is related to gaming, gambling games, "private server", "cheating programs", fraud and other illegal activities;

(4) insults or defames others or infringes on the legitimate rights and interests of others;

(5) hinders the safety of Internet operation;

(6) is otherwise detrimental to social order, social security, public morality, violates applicable laws and regulations, or infringes on the legitimate rights and interests of others.

6.3 Article 6.5 with the heading “Obligations and Liabilities of the User” is supplemented by the following provision:

The User has the right to receive a copy or confirmation of the Agreement that states, where applicable, that prior to execution of the Agreement the User has expressly agreed that the Service Provider begins with the execution of the Agreement before the expiry of the withdrawal period, and has confirmed its awareness that by the User’s consent the User loses the right of withdrawal with the beginning of the execution of the Agreement.

7. Intellectual Property

7.1 Article 9.2 with the heading “Intellectual Property” is replaced by the following provision:

The User shall ensure that the User’s use of any data, software, or technology provided or used as part of the eSurfing Cloud Services does not infringe upon the legitimate rights and interests of any third party. If a third party makes a claim or initiates or threatens a lawsuit against the Service Provider and/or any of its affiliates based on such products, the User shall bear all liabilities and losses thus incurred by the Service Provider and/or its affiliates to the extent that the User is responsible for the relevant breach or violation of the Agreement, and the Service Provider has the right to terminate the eSurfing Cloud Services and cancel the User's account at any time.

8. Liability for Breach of Contract

8.1 Article 10 with the heading “Liability for Breach of Contract” is supplemented by the following provision:

8.1.1 The breaching Party shall only be liable and hold the non-breaching Party harmless for any breach of contract or applicable laws and regulations to the extent that the breaching Party is responsible for the relevant breach or violation of the Agreement or applicable laws and regulations.

8.1.2 Where the User is a consumer, the following additional provisions shall apply:

the Service Provider warrants that the eSurfing Cloud Services are free of product defects and defects of title within the meaning of Sec. 327e to 327g of the German Civil Code. In case the eSurfing Cloud Services are defective in the meaning of Sec. 327e to 327g of the German Civil Code, the User may, if the conditions of the following provisions are met,

· demand subsequent performance in accordance with Sec. 327l of the German Civil Code,

· terminate the Agreement in accordance with Sec. 327m (1), (2), (4) and (5) or reduce the price in accordance with Sec. 327n of the German Civil Code, and

· demand damages under Sec. 280(1) or 327m(3) or reimbursement of futile expenses under Sec. 284 of the German Civil Code.

8.1.3 These claims shall be subject to the statutory limitation period stated in Sec. 327j of the German Civil Code.

8.1.4 In addition, if the Service Provider does not immediately fulfill its due obligation to provide the eSurfing Cloud Services upon request by the User, the User has the right to terminate the Agreement. In addition, the User shall have the rights granted to the User in Sec. 327c of the German Civil Code, including but not limited to claim damages or reimbursement of futile expenses if the conditions of these provisions are met.

8.1.5 Termination of the Agreement shall be effected by declaration to the Service Provider expressing the User's decision to terminate the Agreement. In the event of termination of the Agreement, the Service Provider will reimburse the User for payments made by the User for the performance of the Agreement. For eSurfing Cloud Services that the Service Provider no longer has to provide due to the termination of the Agreement or for eSurfing Cloud Services already provided, but for that part of the provision period in which the eSurfing Cloud Services were defective, the Service Provider’s right to payment of the agreed price expires. The Service Provider will refund any price already paid for this period for which the claim has lapsed to the User.

8.1.6 The User may neither continue to use the eSurfing Cloud Services after termination of the Agreement nor make it available to third parties. The Service Provider is entitled to prevent further use by the User.

8.1.7 If the User fails to install an update provided to the User by the Service Provider in accordance with Article 8.1 of this Schedule within a reasonable period of time, the Service Provider shall not be liable for a product defect solely due to the lack of such update, provided the User fails to install such update or installs it improperly and the fact that the User failed to installed the update or installed it improperly was not due to defective installation instructions provided to the User.

9. Limitation of Liability

9.1 Article 11.1 is replaced with the following:

11.1  The User agrees to bear risks and consequences arising from the User’s uploading, development, operation, management, storage, and maintenance on this Site. The Service Provider shall only be liable for anything uploaded, operated, or posted by the User that is inaccurate or incorrect, whether such inaccuracies are caused by the User or by any device or program used by or connected to, among others, the relevant algorithm or model as outlined in Article 11.16 below.

9.2 Article 11.2 is replaced with the following:

11.2  The Service Provider will do its utmost to take appropriate security measures based on existing technology to ensure the security and normal operation of the eSurfing Cloud Services. However, where the eSurfing Cloud Services is affected with respect to its continuity, accuracy, reliability, applicability, or any other aspects as a result of potential computer viruses, network communication failures, system maintenance or other such causes, the User's improper operation or its use of the eSurfing Cloud Services by means other than those authorized by this Site, or any potential force majeure events, the Service Provider is only liable for any damages resulting therefrom, including damages for loss of profits, goodwill, data, and so forth as outlined in Article 11.16 below.

9.3 Article 11.4 is replaced with the following:

11.4  The Service Provider or any of its affiliates shall only be liable to the User or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages (including any loss of business or profits) arising out of the use or inability to use this Site or any of the eSurfing Cloud Services, even if the Service Provider or its affiliate is aware of the possibility of such loss or damages as outlined in Article 11.16 below.

9.4 Article 11.10 is replaced with the following:

11.10 The Service Provider's liability will be limited to the maximum extent as permitted by law. The Service Provider does not endorse, warrant, or guarantee any materials, products, or services provided through the Service Provider or the eSurfing Cloud Website as outlined in Article 11.16 below. The Service Provider is not intended to and will not be a party to any transaction between the User and any third party.

9.5 Article 11.16 is replaced with the following:

11.16 To the maximum extent permitted by applicable laws and regulations in the User's jurisdiction, the User will access and use eSurfing Cloud Services at its own risk. In certain situations, User may have a claim for damages or reimbursement of wasted expenses against the Service Provider. Regardless of the legal basis of User's claim (breach of contract, defect in quality, defect in title, tort, or otherwise), the Service Provider will be liable for all resulting damages only in accordance with the following provisions:

· In the case of intent, claims under the German Product Liability Act, or fraudulent concealment of a defect, and in the case of injury to life, limb, or health, the Service Provider is liable only in accordance with the statutory provisions.

· In the event of gross negligence, the Service Provider's liability is limited to compensation for typical foreseeable damage. This limitation does not apply if the damage was caused by the Service Provider's executives or legal representatives.

· In the case of slight negligence, the Service Provider is only liable if the Service Provider violates a contractual obligation, the fulfillment of which makes the proper execution of this contract possible in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on the fulfillment of which User may regularly rely (so-called "cardinal obligations"). In these cases, the Service Provider's liability is limited to typical and foreseeable damages. In all other cases, the Service Provider is not liable for slight negligence.

· In the case of strict liability for an impediment to performance occurring during the default, the Service Provider's liability is also limited to typical foreseeable damages.

· Insofar as the Service Provider owes the delivery of a movable item to be manufactured, claims for damages or reimbursement of expenses due to defects against the Service Provider presuppose that User has complied with its obligations to give notice of defects as described above.

· If the Service Provider's eSurfing Cloud Services are considered to be provided on a lease basis and are subject to the statutory provisions of German tenancy law, the Service Provider will not be liable for damages based on defects under Section 536 of the German Civil Code that existed at the time the lease was entered into.

The provisions of this paragraph do not apply in cases of fraudulent concealment of a defect, intentional acts or gross negligence by the Service Provider, claims under the German Product Liability Act, or injury to life, limb, or health. In these cases, the statutory provisions apply.

Where the User is a consumer, nothing in this Agreement is intended to restrict the German mandatory provisions on consumer contracts that have as their object the provision of digital content or digital services (digital products) by the Service Provider against payment of a price.

10. Termination and Assignment of this Agreement

10.1 Where the User is a consumer, Article 12.1 with the heading “Termination and Assignment of this Agreement” is replaced by the following provision:

12.1  In the scenarios set out in this Agreement that give the Service Provider the right to suspend or terminate, the Service Provider shall only have the right to suspend or terminate part or all of the eSurfing Cloud Services provided to the User, cancel the access of the User's account to this Site, or terminate this Agreement in accordance with laws, this Agreement, without any liability to the User or any third party.

12.2  The User expressly agrees that the Service Provider commences the execution of the Agreement before the expiry of the withdrawal period, and that by the User’s consent the User loses the right of withdrawal pursuant to Sec. 356 (5) No. 2 of the German Civil Code at the beginning of the execution of the Agreement. The Service Provider provides the User with a confirmation of the User’s waiver of the right to withdrawal according to Sec. 312f of the German Civil Code.

11. Notice and Delivery

11.1 Article 13.2 with the heading "Notice and Delivery” is supplemented by the following provision:

Any notice from the User to the Service Provider shall be given via the enquiry hotline of the Service Provider: +852-3100-0000.

12. Governing Law and Jurisdiction

12.1 Where the User is a consumer, Article 15.2 with the heading "Governing Law and Jurisdiction” is supplemented by the following provision:

15.2 The Parties shall endeavor to resolve, through amicable negotiations, any dispute arising out of the conclusion, performance, or interpretation of this Agreement. If such amicable negotiation fails, and if, following conclusion of this Agreement, the User relocated its place of residence or habitual residence to a location outside Germany, or for the event that the User’s place of residence or habitual residence is not known at the time the proceedings are brought in the courts, the Parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

D. Jurisdiction Specific Addendum (Indonesia)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

In this Addendum:

"Language Law" means the Law of the Republic of Indonesia No. 24 of 2009 regarding National Flag, Language, Emblem and Anthem and its implementing regulations, including but not limited to Presidential Regulation No. 63 of 2019 regarding the Usage of Indonesian Language.

2. Additional Provisions

If the User uses the eSurfing Cloud Services with resources provided in Indonesia, the following terms and conditions shall be applicable:

2.1 In compliance with the Language Law, the Parties agree to sign a Bahasa Indonesian language text of this Agreement. For the avoidance of doubt, the Indonesian and English text of this Agreement shall constitute one and the same agreement, and the execution of two (2) text of this Agreement in different languages is not to be construed by any Party as creating different rights and obligations, or duplication or multiplication of the rights and obligations, of the Parties under either text of this Agreement.

2.2 The Parties agree that:

2.2.1 the English language version and the Indonesian language version of this Agreement shall be equally authentic; and

2.2.2 in the event of any inconsistency or different interpretation between the Indonesian language version and the English version, the English version shall prevail and the relevant part of the Bahasa Indonesian version shall be deemed automatically amended to conform with the English version.

E. Jurisdiction Specific Addendum (Japan)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

2. Additional Provisions

If the User uses the eSurfing Cloud Services with resources provided in Japan, the following terms and conditions shall be applicable:

Not applicable.

F. Jurisdiction Specific Addendum (Macau)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

2. Additional Provisions

If the User uses the eSurfing Cloud Services with resources provided in Macau, the following terms and conditions shall be applicable:

Not applicable.

G. Jurisdiction Specific Addendum (Malaysia)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

2. Additional Provisions

If the User uses the eSurfing Cloud Services with resources provided in Malaysia, the following terms and conditions shall be applicable:

2.1 For purposes of Article 5 including Articles 5.2.5 to 5.2.7, the use by the User of the eSurfing Cloud Services shall be in compliance with the applicable laws and guidelines, including the Communications and Multimedia Act 1998 of Malaysia, as well as the Malaysian Communications and Multimedia Content Code (3rd edition, 2022, or any subsequent edition then in force).

2.2 For purposes of Article 12, the Service Provider may at its sole discretion opt to compensate the User any sum reasonable at the Service Provider’s opinion, where the Service Provider deems appropriate.

H. Jurisdiction Specific Addendum (Singapore)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

2. Additional Provisions

If the User uses the eSurfing Cloud Services with resources provided in Singapore, the following terms and conditions shall be applicable:

2.1 Notification of Infringement

The Service Provider has the right to investigate notices of copyright, trademark and other intellectual property infringement in respect of any resources, information or material used or uploaded in connection with its resources or services (“Infringing Material”) and take appropriate action. If the User is an intellectual property owner and believe that its material has been used or copied in a way that constitutes infringement, please notify the Service Provider in writing immediately, and in relation to copyright claims, in the form prescribed in the Singapore Copyright Act 2021(“Infringement Notice”). All Infringement Notices shall be sent to the Service Provider addressed as follows:

Legal Counsel, China Telecom (Asia Pacific) Pte Limited, One Marina Boulevard, #19-01, Singapore 018989, phone number: +65 63390080.

The User acknowledges and agrees that the Service Provider has no control and cannot undertake responsibility or liability in respect of Infringing Material provided by users. In its sole and absolute discretion or otherwise in accordance with the law, the Service Provider may take reasonable steps to remove or disable access to Infringing Material, or reinstate the same in response to an appropriate counternotice.

2.2 The User must not use the resources and services provided by the Service Provider to upload, download, store, or publish any information or content that is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable Singapore laws. Notwithstanding anything in this Agreement, the Service Provider has the right to remove or deny access to any content or information which in its sole and absolute opinion is or may be objectionable or prohibited, and/or suspend or terminate any of its services to you without any liability to the User.

I. Jurisdiction Specific Addendum (Thailand)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

In this Addendum:

“PDPA” means collectively the Thai Personal Data Protection Act B.E. 2562 (2019) as may be amended and supplemented from time to time and its sub-regulations and notifications.

“Data Controller” means a person or legal entity with the authority to make decisions on the collection, use or disclosure of Personal Data.

“Data Subject” means a natural living person to whom Personal Data relates.

“Data Processor” means a person or legal entity carrying out an operation relating to the collection, use or disclosure of Personal Data under an order or in the name of a Data Controller.

2. Additional Provisions

If the Place of Registration of the User is Thailand and as such, China Telecom (Thailand) Co., Ltd. is the designated China Telecom contracting entity, the following terms and conditions shall be applicable:

2.1 Registration and Account

The following wording is deemed inserted to be Clause 3.1.2 of the Agreement:

Notwithstanding the foregoing, in case the User is a natural person, the User represents and warrants that, the User is not minor under the Thai Civil and Commercial Code, and is competent and has the power to enter into, and to exercise the User’s rights and to perform the User’s obligations under this Agreement. If the User does not have the aforementioned capacity qualifications, the User will be liable for all consequences resulting therefrom, and the Service Provider shall have the right to cancel the User's account.

2.2 Privacy Policy

The following wording is deemed inserted at the end of Clause 14.1 of the Agreement:

The User expressly acknowledges that the said Data Subjects have the following rights under the PDPA in respect of Personal Data of the said Data Subjects and the User shall ensure that each said Data Subject is informed of his/her said rights:

· the right to request access and copy;

· the right to request Personal Data in a format which is generally readable or usable by automatic tools or devices and where the Personal Data may be used or disclosed automatically;

· the right to request rectification, addition and deletion of User’s Personal Data;

· the right to object to the collection, use, or disclosure of User’s Personal Data which are legally permitted to be collected without consent at any time;

· the right to request suspension of the use of the User’s Personal Data in cases prescribed by the PDPA;

· the right to withdraw consent at any time, subject to the requirements of the PDPA; and

· the right to file a complaint to the relevant authority under the applicable laws if the Service Provider, including the Service Provider’s employees, or independent contractors violates or fails to comply with the PDPA.

J. Jurisdiction Specific Addendum (United Arab Emirates)

1. Definitions

Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning set forth in the Agreement. If there is any inconsistency between the provisions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail to the extent of such inconsistency.

2. Additional Provisions

If the User uses the eSurfing Cloud Services with resources provided in the United Arab Emirates, the following terms and conditions shall be applicable:

2.1 The Parties consider the provisions contained in this Agreement are no greater than is reasonable and necessary for the protection of the Service Provider and the User waives any and all defences to the strict enforcement thereof.