Effective date：2024-02-21
This eSurfing Cloud Scalable File Service Agreement (hereinafter referred to as the "Agreement") is entered between the user (hereinafter referred to as "Party A" or the "Customer") and China Telecom (hereinafter referred to as "Party B", together with the Party A or the Customer referred to the "Parties"). According to the terms of this Agreement, Party B shall provide Party A with the eSurfing Cloud scalable file service (SFS) through the official website of the eSurfing Cloud (hyperlink: www.esurfingcloud.com, also referred to as this "Website" or "eSurfing Cloud"). Party A shall use the eSurfing Cloud SFS as specified in this Agreement.
Party A shall read all the terms of this Agreement carefully before using the eSurfing Cloud SFS. By clicking Agree, Party A agrees to and accepts this Agreement, and this Agreement constitutes a legally binding agreement between Party A and Party B. Should Party A disagree with the terms of this Agreement, please stop using the eSurfing Cloud SFS.
Should Party A have inquiries or uncertainty about the terms of this Agreement, requests for clarification are to be lodged as specified in this Agreement or on the Website, whereupon Party B shall furnish explanations to Party A. Should Party A disagree with the terms of this Agreement, or is unable to understand any of the terms in this Agreement, Party A should abstain from subscribing to or utilizing the eSurfing Cloud services.
1.1 Party B shall provide SFS (hereinafter referred to as the "Service") to the Customer according to the terms of this Agreement. SFS shall provide high-performance on-demand file storage. Through the Service, the Customer can enjoy shared file access across multiple Elastic Cloud Servers (ECSs), Bare Metal Servers (BMSs), and containers deployed on eSurfing Cloud. It features high availability and durability to support massive small files and applications requiring low latency and high IOPS.
2.1 Party B shall provide Party A with the Service according to the terms of this Agreement. The details of this Service are listed on the Website and as requested by Party A, and provided by Party B. Party B reserves the right to amend the Service terms and conditions from time to time.
2.2 Prerequisites for Service: In order to use this Service, Party A shall satisfy the following terms and conditions:
(1) agree to and accept the eSurfing Cloud Website User Agreement, successfully register as a user of the Website, and continuously maintain a legitimate and valid user account of the Website when signing and during execution of this Agreement;
(2) agree to and accept this Agreement;
(3) agree to and accept the eSurfing Cloud Service Agreement and eSurfing Cloud Privacy Policy Statement; Following the expiry or premature conclusion of the Service (inclusive of terminations consented to by both parties or triggered by other grounds), Party B shall retain the SFS resources and will persist in storing the Customer's data (the "Customer Data") for a duration of fifteen (15) natural days (beginning from the time of operation permission suspension on the day it is enacted, ceasing at the same time on the final fifteenth (15th) day). Subsequent to this stipulated term, should Party A fail to administer the requisite renewal payment, Party B is authorized to instantaneously revoke the Customer's SFS resources and expunge all related instance data.
2.3 In the case that the Customer opts for on-demand billing, the Customer shall top up or pay service charges in time to ensure continual use of the Service. Should an account overdue occur, Party B may suspend the operation permissions of the Customer and freeze its resources. Party B shall retain the SFS resources and will persist in storing the Customer's data (the "Customer Data") for a duration of fifteen (15) natural days (beginning from the time of operation permission suspension on the day it is enacted, ceasing at the same time on the final fifteenth (15th) day). Subsequent to this stipulated term, should Party A fail to administer the requisite renewal payment, Party B is authorized to instantaneously revoke the SFS resources and expunge all related instance data.
3.1 The Customer understands and acknowledges that the use of this Service is based solely on the Customer's independent and prudent judgment, and the Customer shall be responsible for all consequences resulting from its decisions or actions in operating the service, including, but not limited to:
3.1.1 The Customer understands and agrees that it bears the sole responsibility for backing up its data and for any resulting damage when using this Service such as data loss, leak and damage due to its own fault, for which Party B shall not be responsible.
3.1.2 Should the Customer also use any other eSurfing Cloud service besides the Service, the Customer shall pay extra service charges to Party B based on corresponding charging standards of service fees and abide by corresponding service clauses unless as mutually agreed otherwise.
3.1.3 The Customer shall assume responsibility for actions taken independently.
3.2 Prerequisites for Product Activation
3.2.1 When using the Service, the Customer needs to purchase elastic cloud servers, elastic IPs and shared bandwidth and shall pay extra charges for activating and subscribing to these services. Party B will provide these services according to the corresponding service terms and service level agreements.
3.2.2 The Service is implemented based on basic products such as elastic cloud servers, elastic IPs and shared bandwidth. In case of unavailability or termination of such products, the Service will be unavailable.
4.1 Party B shall provide Party A with the user service via the following service hotline: +852 3100 0000.
4.2 Party B shall provide Party A with the user service within the following time frame: 24 hours x 7 days.
4.3 Upon acceptance of a fault, Party B's response time for Party A shall be within 30 minutes; for non-fault inquiries, the response time shall be within 1 hour.
5.1 Following fault or non-fault acceptance for Party A, Party B is committed to providing technical support and assurance according to the specific circumstances and the needs of Party A. Party B's engineer service is available 24 hours a day, 7 days a week.
6.1 Party A is entitled to utilize the Service and to receive technical support and after-sales services from Party B as agreed in this Agreement.
6.2 Party A shall provide Party B with necessary technical parameters, including but not limited to the IP address segment and corresponding types of applications, server-related parameters, network fabric, and network resources and proactively cooperate with Party B to complete the implementation and debugging of the Service so as to ensure this Service functions properly.
6.3 Party A understands and agrees that it shall authorize Party B's engineers to operate the Service directly for the security of Party A's data and system by way of email, ticket, and telephone. Party A shall designate a point of contact as an authorizer (maintainer) to authorize Party B as needed, who is the only person entitled to ask an engineer from Party B to execute operations against the Service. Party B shall be responsible for the operation and maintenance of the underlying part of the operation system, and Party A shall be responsible for the operation system and the part above the operation system (such as applications installed on the operation system by Party A). In addition, if Party A is unable to communicate with the engineer from Party B during the authorization period, Party A shall be responsible for any risk such as unavailability of service caused by any operation by itself.
6.4 When using this Service, Party A shall back up its data properly and be responsible for risks such as data loss, leak and damage due to its own faults, for which Party B shall not be responsible.
6.5 Should Party A violate any clause in this Agreement, eSurfing Cloud Website User Agreement and eSurfing Cloud Service Agreement, including but not limited to one of the following circumstances, Party A shall bear any responsibility for default:
6.5.1 In the case that Party A does not have all the qualifications or approvals needed for conducting business when signing this Agreement, or Party A loses all or part of its qualifications or approvals during the validity period of this Agreement, Party B is entitled to suspend offering the Service and require Party B to make rectifications with a limited period; and should Party A fail to do this, Party B is entitled to terminate this Agreement without any responsibility. Party A shall bear the responsibility for default and compensate Party B for any direct and consequential loss.
6.5.2 Use the Service to upload, download, store, and publish information or content that violates any applicable laws, regulations, government decrees or state policies, infringes the legitimate interests of others, and/or is harmful to the public order, social stability or public morality;
6.5.3 Conduct any deceiving or misguiding activities such as illegal lottery, gamble, or internet activities such as "private servers" or "cheating programs" that infringe on the intellectual property right or legitimate interests of others;
6.5.4 Conduct any activities that damage or intend to damage network security such as malicious scanning, break-in of a security system, and theft of data;
6.5.5 Run any unrelated program or malicious code to consume a large amount of server memory, CPU or network bandwidth; or
6.5.6 Conduct any activities that cause the Customer to suffer from frequent network attacks (including but not limited to DDoS attacks) and thus cause or otherwise generate a negative impact on the eSurfing Cloud platform or other users including but not limited to "DNS resolution", "security service", "domain name proxy", and "reverse proxy".
6.6 Party A understands and fully acknowledges that, although Party B has established necessary technical mechanisms (and will continue to improve them in accordance with the development of the technology) to defend against any activities that jeopardise to the security of network including computer virus, network intrusion, and network attack including, but not limited to DDoS (hereinafter collectively referred to as "Activities"), Party B reserves the rights to terminate the Service in case that any Activities suffered by Party A's account cause harm to Party B or Party B's network or servers (including but not limited to any local or global network or servers) and cause or otherwise generate negative impact on Party B's smooth communication with the internet or any specific network or servers or Party B's internal communication due to limitation and relativity of network security technology and unforeseeability of such activities, in which case Party B reserves the right to claim damages from Party A if a serious network incident is caused due to Party A's fault, and file a lawsuit against Party A for criminal liability if any criminal activity is involved.
In the case that Party B terminates the Service for Party A for the above clause (except for Party A's default), Party B will refund the balance (if any) to Party B's eSurfing Cloud account after deduction of service fees calculated based on the actual days of usage by Party A.
6.7 Party A shall be responsible for the integrity and confidentiality of data stored on the eSurfing Cloud platform as well as any passphrase or password used to log in to or administer various products and services on the eSurfing Cloud platform, and shall adopt necessary and effective confidentiality and protection measures including but not limited to control of permissions for data access and account usage, setting and periodical update of strong passwords. Any loss or consequence caused by any loss or leakage of the above-mentioned data, passphrase, or password due to Party A's improper maintenance or confidentiality by Party A shall be borne by Party A.
6.8 In the case that the Service involves the Chinese mainland, Party A shall retain its access logs, including information published, time of publishing, Internet address (IP), and domain name according to the Cybersecurity Law, Administrative Measures for Internet Information Services, and other applicable laws and regulations, and shall cooperate with relevant state agencies to provide such information when they make enquiries in accordance with the laws. Party A shall bear the corresponding legal responsibilities arising from the failure to retain the relevant records in accordance with the regulations.
7.1 This Agreement comes into effect from the date when Party A purchases or applies for activation of the product and remains valid until the day when the Service subscribed by Party A expires unless otherwise agreed by both Parties.
7.2 This Agreement may be terminated prematurely through mutual agreement.
7.3 Party B reserves the right to terminate this Agreement in the following circumstances:
7.3.1 Termination is executed in adherence to comply with the requests from any judicial and government agency in accordance with applicable laws and regulations;
7.3.2 Party B determines that continuing the Service would result in a substantial economic or technical burden, or a major security risk caused to Party B if it continues to provide Party A with the Service;
7.3.3 Continuation of the Service becomes impracticable for Party B to provide Party A with the Service due to any change of any applicable laws or government policies;
7.3.4 Party A fails to fulfill its payment obligations in a timely and complete manner;
7.3.5 Party A violates eSurfing Cloud Website User Agreement, eSurfing Cloud Service Agreement, Legal Notice of the Website of eSurfing Cloud, and eSurfing Cloud Privacy Policy Statement of the Website;
7.3.6 Party A fails to meet any of the service prerequisites specified in Clause 2.2 of this Agreement; or
7.3.7 Party A breaches any other clauses of this Agreement.
7.4 Unless otherwise agreed in Clause 9.3, Party B will refund any balance (if any) to Party A's eSurfing Cloud account calculated based on the actual days of usage by Party A and reserves the right to claim against Party A for any liability of default in accordance with applicable laws should Party B terminate this Agreement as agreed in this Agreement.
7.5 Party B may terminate this Service by publishing a notice on the Website, sending an in-site notice to Party A, or sending Party A a notice in writing thirty (30) calendar days in advance. In this case, Party B will refund any amount already paid and yet to be billed (no calculation of interest) to Party A's eSurfing Cloud account.
7.6 Should any clauses in this Agreement become partly or wholly invalid or unenforceable for any reason, the remaining clauses in this Agreement will remain valid and binding.
8.1 The termination of this Agreement shall not affect the validity of the eSurfing Cloud Website User Agreement, eSurfing Cloud Service Agreement and eSurfing Cloud Privacy Policy Statement between the Parties. This Agreement shall automatically terminate, should the eSurfing Cloud Website User Agreement, eSurfing Cloud Service Agreement or eSurfing Cloud Privacy Policy Statement terminate.
8.2 For all matters not expressly stated or agreed in this Agreement, both Parties shall be governed by the eSurfing Cloud Website User Agreement, eSurfing Cloud Service Agreement and eSurfing Cloud Privacy Policy Statement; if there is any conflict regarding the same matter between this Agreement and eSurfing Cloud Website User Agreement, eSurfing Cloud Service Agreement and eSurfing Cloud Privacy Policy Statement, this Agreement shall prevail.
8.3 The latest version of the eSurfing Cloud Service Agreement can be found via the following hyperlink:
https://www.esurfingcloud.com/portal/protocol/20685742
The latest version of the eSurfing Cloud Website User Agreement can be found via the following hyperlink:
https://www.esurfingcloud.com/portal/protocol/10144340
The latest version of the eSurfing Cloud Privacy Policy Statement can be found via the following hyperlink:
https://www.esurfingcloud.com/portal/protocol/10139040
8.4 If there is any conflict or inconsistency between the Chinese and English versions of this Agreement, the English version shall prevail. If there is any vagueness of any clause in the Chinese version, reference shall be made to the English version.