This eSurfing Cloud Virtual Private Cloud 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 Virtual Private Cloud Services to Party A through the eSurfing Cloud Website (www.esurfingcloud.com, the "Site" or "eSurfing Cloud") in accordance with this Agreement. Party A shall use the eSurfing Cloud Virtual Private Cloud Services in accordance with this Agreement.

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

Article 1   Product and Service Description

Party B shall provide VPC Services (the "Services") to Party A in accordance with the terms herewith. VPC (Virtual Private Cloud, hereinafter "VPC") enables logical isolation for the Customer to create a virtual network environment that is secure, reliable, configurable and manageable. The Customer may use elastic bandwidth/IP, create subnets, set up security groups and configure DHCP (Dynamic Host Configuration Protocol). In addition, VPN secure tunneling also allows the Customer to seamlessly integrate VPC resources with inhouse IT resources for the purpose of effortless expansion of the IT resources.

Article 2   Service Content

2.1 Party B shall provide Party A with the Services in accordance with this Agreement. The specific content of the Services is subject to the service displayed on the Site, applied by Party A and actually provided by Party B. Party B has the right to continuously update the service content.

Article 3   Service Fees

3.1 The Services are provided free of charge, however, cloud servers, elastic IPs, shared bandwidth and other products within the VPC will be charged fees pursuant to the fee schedules thereto.

Article 4   Service Specifications

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

4.1.1 The Customer shall exercise its own judgment on the adaptability of the VPC Services to the operating system, mirror, elastic IP and other software and hardware it selects;

4.1.2 If the Customer performs operations through the VPC Services with respect to specified services/products, such as installation and deployment, the Customer shall ensure that it has the permissions to perform operation on such services/products. The performance of the said operations by the VPC 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 programming and business logic setting up in the mirror)；

4.1.4 Unless otherwise agreed by the Parties, if the Customer uses other eSurfing Cloud services along with the VPC 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 will provide the VPC Services on the terms and conditions of this Agreement, which cover only the technical architecture and components for the VPC instance. The Customer shall be solely responsible for applications on the VPC Services. In addition, upgrading the operating system by the Customer itself may cause a breakdown or other adverse effects, and the Customer shall be aware of the risk and cautious about such operation.

4.3   Dependence and Impact of Product Effectiveness

4.3.1 In normal circumstances, during its use of the VPC Services, if the Customer needs other eSurfing Cloud services (such as mirrors, cloud drives, elastic IPs, or shared bandwidth), it shall activate, subscribe to, and pay separately for such infrastructure products (such as mirrors, cloud drives, elastic IPs, or 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 VPC Services function on the basis of infrastructure services such as mirrors, cloud drives, elastic IPs, and 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 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 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 any circumstances; Party B provides technical support only with respect to the mirror (the operating system and preinstalled software) on the eSurfing Cloud Server created by the Customer, and the Customer shall be responsible for the other parts (applications installed by the Customer on the system); 

(2)        The Customer shall assess the risk carefully and back up and store its data before upgrading the mirror; the Customer shall be solely liable for any consequences resulting from such upgrading, such as a breakdown or data loss.

         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.

4.5 Virtual Private Cloud

4.5.1 In the use of the Services, Party A may set up security groups (including security group rules), VPNs, subnets, bandwidth, elastic IPs and other products, and shall be responsible for such operation and the results generated thereby. If there is any problem in the process of set-up, Party A shall consult with eSurfing Cloud pre-sales service in time to avoid the unavailability of the Services due to operational errors.

4.5.2 In the use of the Services, Party A shall be responsible for the equipment provided by Party A itself such as the equipment carrying the VPN.

4.5.3 Although Party A does not need to pay for the use of VPC instances, if Party A uses other paid services of eSurfing Cloud services, including but not limited to elastic IPs, bandwidth, VPNs, exclusive cloud services, elastic cloud servers) during the use of VPC, Party A shall pay for the relevant services in accordance with the relevant charging rules of the eSurfing Cloud service.

4.5.4 Party A understands and agrees that since the VPC must be used in conjunction with cloud serve services, if, in the use of the Services, Party A's cloud hosting services are unavailable due to eSurfing Cloud services, accountability therefor is subject to the relevant cloud server service level agreement; if the VPC or related cloud server products are unavailable due to reasons other than eSurfing Cloud services, Party B shall not assume any liability therefor.

Article 5   Service Activation

5.1 After paying the fees, and successfully purchasing the Services it subscribes to, Party B shall activate and provide Party A with the Services. Upon the activation of the Services, Party A can log in to the Site and conduct the relevant configuration and operations of the Services in the management console.

5.2 Party A shall keep its account balance sufficient to ensure the continuous use of the Services. If the account balance of Party A is insufficient, Party B has the right to terminate the service provided to Party A.

Article 6   Customer Service Warranty

6.1 Party B provides Party A with customer service via the service hotline +852 3100 0000. 

6.2 Party B shall provide 24/7 after-sales service to Party A.

6.3 Party B provides Party A with customer services within a response time of no more than 30 minutes after acceptance of a fault; and of no more than 12 hours after acceptance of a non-fault case.

Article 7   Technical Support Warranty

7.1 Upon Party B’s acceptance of Party A’s fault or non-fault reports, Party B will provide Party A with a technical support warranty according to the specific situation and Party A's needs, The service time of Party B's engineers is 7 days x 24 hours.

7.2 Party A understands and agrees that, out of concern about Party A’s data and system security, when Party A requires Party B’s engineers to directly operate its Services, Party A should authorize it by email, ticket, telephone, and other means. Party A shall designate the only contact person as the authorizer (maintainer) who shall authorize Party B when necessary, which means that, only the authorizer has the right to require Party B's engineers to operate its Services. Party B is only responsible for the operation and maintenance of the underlying part below the operating system; the operating system and the above part (such as the application program installed by Party A on the system) are the responsibility of Party A. In addition, during the period of authorization, if Party A fails to communicate with Party B's engineers and conducts operations on its own, the business unavailability and other risks resulting from such failure shall be borne by Party A.

Article 8   Party A's Rights and Obligations

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

8.2 Party A shall provide Party B with necessary technical parameters, including but not limited to IP address segments and corresponding application types, server-related parameters, network structure and network resources, actively cooperate with Party B to complete the implementation and commissioning of the Services project to ensure the normal operation of the Services.

8.3 If Party A violates any of the warranties in this Agreement, the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, including but not limited to where Party A does not have all the qualifications and permits required to carry out business and perform relevant procedures when signing this Agreement, or loses all or part of its qualifications and permits during the validity period of this Agreement, Party B has the right to suspend the provision of cloud business services and require Party A to make corrections within the time limit. If Party A fails to make corrections within the time limit, Party B has the right to terminate this Agreement without assuming any responsibility. Party A shall bear the liability for breach of contract and compensate Party B for the corresponding losses.

8.4 Party A understands and fully recognizes that although Party B has established (and will continue to improve according to technological development) necessary technical measures to defend against matters or behaviors that endanger network security including computer viruses, network intrusions and attack damage (including but not limited to DDoS) (hereinafter collectively referred to as such Behavior), however, in view of the limitations and relativity of network security technology and the unpredictability of such Behavior, if Party A’s account experiences such Behavior, which does harm to Party B or Party B’s network or server (including but not limited to local, foreign and international networks, servers), or affects the smooth communication between Party B and the Internet or between Party B and specific networks, servers, and Party B’s internal communications, Party B has the right to decide to suspend or terminate the Services. If a major network accident is caused to Party B for reasons attributable to Party A, Party B will reserve the right to pursue Party A with criminal liabilities and claim compensation from Party A. If Party B terminates the provision of the Services to Party A due to reasons set out in the above clauses (other than due to breach by Party A), Party B will calculate the service fee based on the actual number of days used by Party A, and return the remaining payment (if any) to Party A's eSurfing Cloud account.

Article 9   Term and Termination of the Agreement

9.1 This Agreement becomes effective from the date when Party A successfully purchases or applies for activation of the product, and terminates when the subscription service period of Party A expires, unless otherwise agreed by the Parties.

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

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

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

9.3.2 Where Party B believes that continuing to provide services to Party A will cause huge economic or technical burdens or major security risks to Party B;

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

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

9.3.5 Where Party A violates the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, the eSurfing Cloud Legal Statement or the eSurfing Cloud Privacy Policy; or

9.3.6 Where Party A violates other terms of this Agreement.

9.4 Except as stipulated in Article 9.3, if Party B terminates this Agreement according to this Agreement, Party B will calculate the service fee based on the actual number of days used by Party A, return the remaining payment (if any) to Party A's eSurfing Cloud account, and reserve the right to pursue liabilities from Party A for its breach of contract.

9.5 Party B may terminate the Services by publishing an announcement on the Site, or by sending Party A an internal notice or a written notice 30 days in advance, at which time, Party B shall return the amount paid by Party A but not consumed (without interest) to Party A's eSurfing cloud account.

9.6 If any clause in this Agreement is completely or partially invalid or unenforceable for any reason, the rest of the clauses in this Agreement shall still be valid and binding.

Article 10   Others

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

10.2 For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement. If there is any conflict on the same matter in this Agreement and the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, this Agreement shall prevail.

10.3 Latest version of eSurfing Cloud Service Agreement can be found at: 

       https://www.esurfingcloud.com/portal/protocol/20685742

       Latest version of eSurfing Cloud Website User Agreement can be found at:

       https://www.esurfingcloud.com/portal/protocol/10144340

10.4  In the event of any conflict or inconsistency between the English and the Chinese versions of this Agreement, the English version shall prevail. If there is any unclear part in the Chinese version, please refer to the English version.