Effective date：2024-12-18
Special Reminder:
This eSurfing Cloud Dedicated Physical Server Service Agreement is entered into between the user ("Party A" or the "Customer") and China Telecom ("Party B"). Party B shall provide the eSurfing Cloud Dedicated Physical Server to Party A through the eSurfing Cloud Website (www.esurfingcloud.com, the "Site" or "eSurfing Cloud") in accordance with this Agreement.
The Customer shall read these terms carefully before ordering and using eSurfing Cloud Services. Please carefully read and fully understand the contents of each clause, especially the clauses of exemption or limitation of eSurfing Cloud's liabilities and limitation of the Customer's rights. These clauses will be marked in bold font or other eye-catching forms.
If the Customer has any questions about this Agreement, it shall make queries via the means set out in this Agreement and eSurfing Cloud will explain to and clarify with the Customer. If the Customer does not agree with any of the contents of this Agreement or is unable to accurately understand Party B's explanations, it shall not subscribe to or use eSurfing Cloud Services.
By clicking the 'Confirm' button, placing an order on the webpage, or using the eSurfing Cloud Services in any other way, the Customer is deemed to have read and fully understood all the content of this Agreement and to agree to accept and be bound by the content of this Agreement. If the Customer does not agree with or accept this Agreement, it shall not subscribe to or use the eSurfing Cloud Services.
I. Description
1. The eSurfing Cloud Services are governed by this Agreement, along with the eSurfing Cloud Website User Agreement, the eSurfing Cloud Privacy Policy Statement and the eSurfing Cloud Service Agreement, which the Customer has accepted already. The Customer may accept the eSurfing Cloud Service Contracts and Rules by, but not limited to, clicking the 'Agree' button when registering or subscribing to services on the eSurfing Cloud Website (https://www.esurfingcloud.com/).
2. For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement. If there is any conflict on the same matter in this Agreement, the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement, this Agreement shall prevail.
3. This Agreement consists of the following documents:
(1) These Explanations;
(2) Special Terms of Service and its schedules;
(3) Service rules related to specific products/services displayed on the eSurfing Cloud International Site (including but not limited to the help pages of the eSurfing Cloud International Site), including service descriptions, technical specifications, usage procedures, renewal rules, unsubscription rules, help pages, and other legal documents that clarify the rights and obligations of the Parties regarding the use and provision of the eSurfing Cloud Services.
The provisions concerning the protection of personal information and privacy shall apply to: a) Party B shall process the personal information provided to Party B by the Customer in connection with the creation and management of customer/user accounts in the manner set out in the eSurfing Cloud Privacy Policy Statement; b) Party B shall process the data directly controlled or hosted by the customer and/or user in the products/services provided by Party B associated with the customer/user account in accordance with the terms and conditions concerning the data security and privacy protection in the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement. To avoid ambiguity, the personal information referred to in subparagraph a) of this Article is not included.
4. Upon the execution of this Agreement, if the Customer requires a written confirmation from Party B for the services under this Agreement, such confirmation document provided by Party B to the Customer is only issued at the request of the Customer and is not a confirmation of the conclusion of a contract and does not affect the validity of and does not constitute any amendment or supplement to the established order, this Agreement or the eSurfing Cloud Service Contracts and Rules.
Party B shall, in accordance with this Agreement, provide customers with secure and reliable cloud-based dedicated physical server services allocated with exclusive resources.
Party B undertakes to provide the Services to the Customer in accordance with the requirements of the eSurfing Cloud Dedicated Physical Server Service Level Agreement.
3.1 Fixed monthly/annual billing is available for the Services. The Customer shall pay Party B the service fee as instructed on the subscription page and as agreed herein.
3.2 Resource Expiration/Deletion and Payment Default Handling
For fixed monthly/annual service subscriptions, if the Customer intends to continue its use of the services after the expiration of the current service period, it shall renew and pay for the subscription in a timely manner. Otherwise, Party B will suspend the Customer's permissions to perform operations on the dedicated physical server and freeze the resources upon the expiration of the service period. Party B will, following the expiration of the service period, reserve the resources of the dedicated physical server and retain the Customer's data for another fifteen (15) days (i.e., starting from the moment the Customer's permissions to operate is suspended on the day of such suspension and ending on the same moment on the fifteenth day thereafter); if the Customer fails to renew and pay for the subscription within the said period of fifteen (15) days, Party B has the right to release the resources of the instance occupied by the Customer and delete the data thereon upon the expiration of such period.
4.1 The Customer understands and agrees that the use of the Services is its decision made after its independent and careful judgement, and that the Customer shall be responsible for its own judgement and operations, including but not limited to:
4.1.1 The Customer shall exercise its own judgment on the adaptability of the dedicated physical server services to the operating system, mirror, EIP and other software and hardware it selects;
4.1.2 If the Customer performs operations through the Services with respect to specified services/products, such as installation and deployment, the Customer shall ensure that it has the permissions to operate on such services/products. The performance of the said operations by the Services as instructed by the Customer shall be deemed to have been authorized by the Customer, and the Customer shall be solely responsible for all such operations and the consequences thereof;
4.1.3 The Customer shall be responsible for its own operations (such as application code writing, and business logic setup in a mirror); and
4.1.4 Unless otherwise agreed by the Parties, if the Customer uses other eSurfing Cloud services along with the Services, the Customer shall pay the service fee to Party B as set forth in the fee schedule for such other services and comply with the service terms thereof.
4.2 Party B shall provide the Services pursuant to this Agreement, which only include the dedicated physical server technical structure and components thereof. The applications above the Services are the responsibility of the Customer. The Customer shall be aware of the risks arising from its upgrading of the operating system, such as shutdown, and perform operations with caution.
4.3 Product Effectiveness Dependence and Impact
4.3.1 In general, during its use of the Services, if the Customer needs other eSurfing Cloud services (such as mirrors/EVS/EIP/shared bandwidth), it shall activate, subscribe to, and pay separately for such infrastructure products (such as mirrors/EVS/EIP/shared bandwidth), and Party B will provide services in accordance with the terms of service and service level agreements for such infrastructure products.
4.3.2 The Services function on the basis of infrastructure services such as mirrors/EVS/EIP/shared bandwidth. Therefore, the unavailability or termination of such services based on which the Customer activates the Services will lead to a malfunction of the Services.
4.4 Use of the Mirror
4.4.1 The mirror is owned by Party B or its mirror service provider.
4.4.2 Pursuant to this Agreement, the mirror provided by Party B shall only be used by the Customer for creating an eSurfing Cloud dedicated physical server and the Customer has no right to sublicense or relicense the mirror. The Customer shall not, in its use of the mirror, engage in any of the following acts:
(1) to use the mirror for any purposes other than creating an eSurfing Cloud dedicated physical server;
(2) to sell, resell, or duplicate the mirror without the permission of Party B; or
(3) to alter the content or make derivatives of the mirror without the permission of Party B.
4.4.3 The Customer understands and agrees that:
(1) Due to the limitation of the existing technology, the mirror provided by Party B may have defects, and Party B cannot guarantee that it will function well or achieve the results expected by the Customer under all circumstances; Party B only provides technical support for the mirror (operating system and pre-installed software) in the eSurfing Cloud dedicated physical server created by the Customer, and the Customer shall be liable for other parts (such as the application programs installed by the Customer on the system);
(2) Before upgrading mirrors, the Customer should carefully determine the risks, and back up and save data in advance, and the downtime, data loss and other consequences caused by the Customer's upgrade operations shall be borne by itself.
4.4.4 To the maximum extent permitted by the laws governing this Agreement, Party B will not be liable for any direct, indirect, incidental, special, punitive, or other damages of any kind arising out of or in connection with the use of or inability to use the mirror (including but not limited to damages for personal injury or property damage; damages for loss of profits, loss of data, business interruption, computer failure or malfunction, or loss of business information; damages for breach of privacy as a result of a failure to exercise good faith, due care, or any other duties; damages incurred due to negligence; or damages for any pecuniary or other loss), even if Party B has been informed of the possibility of such damages.
5.1 The termination of this Agreement will not affect the effectiveness of the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement and the eSurfing Cloud Privacy Policy Statement between Party A and Party B. If the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement or the eSurfing Cloud Privacy Policy Statement between Party A and Party B is terminated, this Agreement will be automatically terminated.
5.2 For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement. If there is any conflict on the same matter in this Agreement, the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement, this Agreement shall prevail.
5.3 The latest version of the eSurfing Cloud Service Agreement can be found at:
https://www.esurfingcloud.com/portal/protocol/20685752
The latest version of the eSurfing Cloud Website User Agreement can be found at: https://www.esurfingcloud.com/portal/protocol/10155350
The latest version of the eSurfing Cloud Privacy Policy Statement can be found at:
https://www.esurfingcloud.com/portal/protocol/10139050
5.4 In the event of any conflict or inconsistency between the English and the Chinese versions of this Agreement, the English version shall prevail. If there is any unclear part in the Chinese version, please refer to the English version.