This eSurfing Cloud Elastic Load Balancing 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 Elastic Load Balancing Services to Party A through the official website of Party B (www.esurfingcloud.com, the "Site" or "eSurfing Cloud") in accordance with this Agreement. Party A shall use the eSurfing Cloud Elastic Load Balancing Services in accordance with this Agreement.

Before using the eSurfing Cloud Elastic Load Balancing 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 Elastic Load Balancing Services.

Article 1   Product and Service Description

1.1 "eSurfing Cloud Elastic Load Balancing Services" (hereinafter the "Services") refer to the cloud computing services provided by Party B that automatically distribute incoming traffic across multiple cloud servers to expand the service capabilities of application systems and achieve a greater level of fault tolerance in application programs.  

Article 2   Service Content

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

2.2 Pre-conditions for provision of the Services: In order to use the Services, Party A shall first meet all the following conditions:

(1)   Agree to and accept the eSurfing Cloud Website User Agreement, successfully register as a user of the Site, and continue to have a legal and valid user account of the Site as at the time of signing this Agreement and throughout the performance of this Agreement;

(2)   Agree to and accept the terms of this Agreement;

(3)   Agree to and accept the eSurfing Cloud Service Agreement;

(4)   Subscribe to and use the Services in accordance with the Service Rules of the Site;

(5)   At the time of signing and during the performance of this Agreement, all the qualifications or government approval procedures required for legal operations have been obtained and maintained in accordance with the relevant national regulations, and the relevant qualification documents have been submitted in accordance with this Agreement to Party B and approved by Party B. The relevant licenses or approvals that Party A shall obtain and maintain include but are not limited to the following: 

1)     If Party A operates a website, it shall ensure that all the websites it operates have been licensed or approved by the relevant authorities of the relevant countries or regions;

2)     If Party A provides non-commercial Internet information services, it shall go through the filing procedures of non-commercial websites, and ensure that all the filing information submitted is true and valid, and submit the updated information in the filing system in a timely manner if there is any change in the filing information;

3)     If the website provides commercial Internet information services, Party A shall also obtain a commercial website license from the local communications administrative department;

4)     If Party A provides BBS and other electronic bulletin services, it shall conduct filing or obtain corresponding approval according to relevant laws and policies;

5)     If Party A operates an Internet game website, it shall obtain an Internet culture business permit in accordance with laws;

6)     If Party A operates an Internet video website, it shall obtain a license for publication of audio-visual programs through information network in accordance with laws;

7)     If Party A engages in Internet information services such as news, publishing, education, medical care, pharmaceuticals, and medical devices, it shall obtain the approval by relevant competent authorities in accordance with laws, administrative regulations, and relevant state regulations. Party A shall obtain the approval by relevant competent authorities in accordance with laws before applying for business licence or performing the filing procedures.

The above list does not exhaust all types of licenses or approvals required for commercial or non-commercial activities that Party A engages in. Party A shall obtain relevant licenses or approvals and shall comply with relevant laws and regulations promulgated by relevant countries and regions from time to time.

(6)   Other preconditions for the Services as stipulated in this Agreement.

Article 3   Service Activation

3.1 After paying the fees, and successfully purchasing the cloud product associated with the eSurfing Cloud Load Balancing Services it subscribes to, Party A can log in to the Site and apply to activate the Services in the control console.  Upon Party B’s activation of the Services for Party A, Party A can conduct the relevant configuration and operations of the Services.

3.2 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 4   Service Fees

4.1 The Services are provided as additional services to the Customer who has activated and uses the eSurfing Cloud Elastic Cloud Server for service improvement, and Party A may activate and use the Services free of charge.  

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

Article 5   Customer Service Warranty

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

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

5.3 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 one hour after acceptance of a non-fault case.

Article 6   Technical Support Warranty

6.1 Upon Party B’s acceptance of Party A's fault or non-fault acceptance reports, Party BParty B will provide Party A with 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.

6.2 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 ECS 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 ECS 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 risk resulting from such failure shall be borne by Party A.

Article 7   Party A's Rights and Obligations

7.1 When Party A uses the Services, it shall back up data and bear the risk of data loss, omission, or damage caused by its own reasons, and Party B shall not be liable for this.

7.2 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 Load Balancing Services project to ensure the normal operation of the Services.

7.3 Party A shall abide by all the provisions with respect to cybersecurity in accordance with the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement it has entered into. 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.

7.4 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 Behaviour, 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 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).

Article 8   Term and Termination of the Agreement

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

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

8.3 If Party A shuts down any instance associated with the eSurfing Cloud Elastic Load Balancing Services, Party B will stop providing services to the associated instance (including but not limited to eSurfing Cloud elastic cloud servers, elastic IPs, and virtual private clouds); if Party A shuts down all instances associated with the eSurfing Cloud Elastic Load Balancing Services (including but not limited to eSurfing Cloud elastic cloud servers, elastic IPs,  and virtual private clouds), the Services will be terminated.

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

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

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

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

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

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

8.4.6    Where Party A does not meet any of the pre-conditions for the Services set out in Article 2.2 herein; 

8.4.7    Where Party A violates other terms of this Agreement.

8.5 Except as stipulated in Articles 8.4.6 and 8.4.7, if Party B terminates this Agreement according to this Agreement.

8.6 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, except as stipulated in Article 8.4.

8.7 If the eSurfing Cloud Elastic Cloud Server Service Agreement between the Parties is terminated, this Agreement shall be terminated simultaneously.

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

Article 9   Others

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

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

9.3 Latest version of eSurfing Cloud Service Agreement can be found at:                        https://www.esurfingcloud.com/portal/protocol/20685742

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

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

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