This eSurfing Cloud Computer Service Agreement is entered into between the user ("Party A" or the "Customer") and China Telecom ("Party B"). Party B shall provide eSurfing Cloud Computer 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 Computer Services in accordance with this Agreement.

Before using eSurfing Cloud Computer 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 Party A and Party B. If Party A does not agree with this Agreement, it shall not use the eSurfing Cloud Computer Services.

If Party A has any questions about this Agreement, it shall make queries via the means set out in this Agreement or on the Site and Party B will explain to and clarify with Party A. If Party A 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 the eSurfing Cloud Computer Services.

Article 1 Product and Service Description

1.1 "eSurfing Cloud Computer Services" (hereinafter the "Services") refers to the cloud services provided by Party B based on public cloud platforms and desktop virtualization and in the form of an application (hereinafter this "App") that integrates a cloud desktop in a mobile terminal such as a mobile phone, which provide Party A with portable cloud computer services in lieu of a traditional computer.   

Article 2 Service Content

2.1 Party B will provide to Party A, and Party A agrees to accept, the eSurfing Cloud Computer Services on the terms and conditions of this Agreement:

(1) Party A shall visit the product page to subscribe to the Services, submit the order to Party B, and pay the service fee.

(2) The Cloud Host and the Data Disk are two forms of products available for subscription. Party A may subscribe to Cloud Hosts of different specifications, or Party A may subscribe to a Cloud Host together with additional Data Disks.

(3) Party A may subscribe to more than one Cloud Host at the same time with one account registered with this App.

(4) The specific content of the Services is subject to the service displayed on this App and actually provided to Party A by Party B after Party A subscribes to it. Party B has the right to constantly 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)   Fully read, understand, agree to and accept the eSurfing Cloud Website User Agreement of this App, successfully register as a user of this App, and continue to have legal and valid user account of this App as at the time of signing this Agreement and throughout the performance of this Agreement;

(2)   Fully read, understand, agree to and accept the terms of this Agreement;

(3)   Agree to and accept the eSurfing Could 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;  

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

(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 must 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 must 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 should 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 must 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)   Subscribe to and use the Services in accordance with this Agreement and the Service Rules;

(7)   Satisfy the pre-conditions for the use of other services as agreed in this Agreement.

Article 3 Service Activation

3.1 After Party A pays the fees in full and on time and successfully purchases the ordered services, Party B will activate and provide Party A with the corresponding eSurfing Cloud Computer Services. The service period is calculated from the time of activation to the expiration of the period Party A subscribes to.

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 Services provided to Party A.

Article 4  Service Fees

4.1 Before using the Services, Party A shall pay the service fee to Party B by means agreed herein and designated by Party B.

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

4.3 Party A can use account balance or vouchers (the issuance and use of vouchers, subject to the voucher rules[HL1]  formulated by Party B) to pay Party B for the Services. Parry A shall ensure that the balance in the account is sufficient and complete the payment within 48 hours after it subscribes to the Services and the order is generated. Party B has the right to cancel orders that have not been paid within the time limit.

4.4 If Party A needs an invoice for the purchase of the Services, it should apply in this App. If Party A uses a voucher to pay part of the corresponding amount, Party B will no longer provide an invoice. Party B will issue an invoice to Party A at its request 7 days after the order is successfully paid.

4.5 If Party A has any objection to the amount payable, it shall submit a written request to Party B a request for verification. Party B will adjust accordingly to the extent an error has been confirmed by the verification between the Parties. 

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 12 hours after acceptance of a non-fault case.

Article 6 Party A's rights and obligations

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

6.2 Party A shall provide Party B with necessary technical parameters, including but not limited to the selected billing method, binding instance, and actively cooperate with Party B to complete the implementation and commissioning of the eSurfing Cloud computer project to ensure the normal operation of the Services.

6.3 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 eSurfing Cloud Computer Services, Party A shall authorize by email, ticket, and other means. Party A shall designate the only contact person as the authorizer (maintainer) and authorize Party B when necessary, that is, only the authorizer has the right to require Party B's engineers to operate its cloud computer service. Party A is only responsible for the availability of eSurfing Cloud Computer itself, and Party B is responsible for the binding relationship between Cloud Computer and other cloud products/instances. 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.

6.4 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.

6.5 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 the following circumstances, Party A shall bear the corresponding liability for breach of contract:

6.5.1    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 term 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 taking any responsibility. Party A shall bear the liability for breach of contract and compensate Party B for the corresponding losses;

6.5.2    Where Party A uses eSurfing Cloud Computer to upload, download, store, and publish content that violates laws and regulations, departmental regulations, or national policies, and information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, public security, and public morals;

6.5.3    Where Party A carries out fraudulent and misleading behaviors such as gambling prizes and gambling games, or conducts Internet activities such as "private servers" and "plug-ins" that infringe on the intellectual property rights or other legitimate rights and interests of others;

6.5.4    Where Party A carries out malicious scanning, illegal intrusion into the system, illegal acquisition of data and other behaviors that damage or attempt to damage network security;

6.5.5    Where Party A runs irrelevant programs or intentionally writes malicious codes, resulting in a large amount of server memory, CPU or IP resources, and network bandwidth resources to be occupied/preempted;

6.5.6    Where Party A engages in any activities including but not limited to "DNS resolution", "security services", "domain name proxy", "reverse proxy" that may cause users to be frequently attacked (including but not limited to DDoS attacks), thereby affecting the eSurfing Cloud service platform or others.

6.6 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”), but 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 claim compensation from Party A. If a crime is involved, Party A shall bear criminal responsibility according to the laws.

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.

6.7 Party A shall be responsible for the integrity and confidentiality of the data stored on the eSurfing Cloud platform and the codes and passwords for entering and managing various products and services on the eSurfing Cloud platform, and shall take necessary and effective confidentiality and security protection measures, including but not limited to standardizing permission administration for data access and account use, setting strong passwords and changing them regularly. Party A shall bear the losses and consequences caused by the loss or leakage of the above-mentioned data, codes, passwords, and alike due to improper maintenance or confidentiality by Party A.

6.8 If services in Mainland China are involved, Party A must keep the access log records of its website in accordance with the provisions of the Network Security Law, the Administrative Measures on Internet Information Services and other laws and regulations, including the content of the published information, the time of publication, and the Internet Protocol address (IP), domain names, and alike, which shall be provided to the relevant state agency when it requires according to the law. Party A shall bear the corresponding legal liabilities arising from failure to keep relevant records as required.

Article 7 Party B's Rights and Obligations

7.1 Party B shall provide the Services in accordance with this Agreement.

7.2 Party B shall provide paying Customers with a 24/7 after-sales hotline (+852 3100 0000), consulting services and online ticket services to answer and deal with the Customers' problems encountered in the use of eSurfing Cloud Computer Services.

7.3 After Party B provides fault acceptance service to Party A, the response time shall not exceed 30 minutes; after providing non-fault acceptance service, the response time shall not exceed 12 hours.

7.4 After Party B provides Party A with fault acceptance or non-fault acceptance services, it will provide Party A with technical support according to the specific situation and Party A's needs, except for the relevant faults or problems that are caused by Party A's human errors and/or force majeure, and other matters out of the control of Party B.

7.5 Party B will take basic security protection measures for its systems and equipment in accordance with laws and regulations. If Party A's requirements for security protection measures are higher than the aforementioned basic security protection measure standards, Party A shall purchase and configure higher security protection services or configure other security protection software and systems according to its own needs. If Party A fails to take necessary and effective security protection measures for the computer information systems and equipment it uses, Party A shall be solely responsible for damages to its rights and interests.

7.6 Party B shall provide availability warranty within the Service Rules. If Party A's requirements for availability are higher than the Service Rules, Party A needs to actively deploy its own system with high availability, and Party B can provide necessary assistance. If Party B is required to cooperate in planning and design, the Parties shall negotiate and confirm separately.

7.7 In order to provide better services, Party B has the right to overhaul, maintain, upgrade and optimize the service platform or related equipment, systems, software, etc. on a regular or irregular basis (collectively referred to as "Routine Maintenance"). If eSurfing Cloud Computer Services are interrupted or suspended within a reasonable time because of Routine Maintenance, Party B shall not be liable for it. However, Party B shall notify Party A of Routine Maintenance at least 24 hours in advance. In case of non-Routine Maintenance due to force majeure, third-party reasons, and so forth, Party B shall notify Party A in time.

7.8 Party B has the right to adjust the system default configuration of the Services at any time according to its own operating arrangements, and relevant adjustments do not constitute a breach of contract by Party B. However, Party B shall notify Party A at least 30 days in advance, and Party A shall provide with assistance (including but not limited to Party A's timely transfer and backup of relevant data, business adjustments, and authorization of Party B's adjustments). If Party A fails to assist in the adjustment in time after receiving the notice, or Party B is unable to contact Party A, Party A shall bear the consequences arising therefrom. In case of service adjustment or termination due to force majeure, third-party reasons, and so forth, Party B shall notify Party A in a timely manner.

7.9 Party B has the right to adjust the implementation method, main functions, fees etc. of the product according to objective factors such as cloud service technological evolution, technical architecture adjustment, and marketing. When Party B adjusts the fees or important product functions, it shall issue a notice on the official website of eSurfing Cloud at least 15 days in advance, and Party A has the right to decide whether to continue to use the product.

Article 8 Service Unsubscription

8.1 For any cloud computer host and data disk ordered by Party A, Party A can unsubscribe the cloud computer host and data disk at the same time, but Party B does not support Party A to unsubscribe the cloud computer host or cloud computer data disk separately.

8.2 After Party A unsubscribes from the Services, Party B will no longer provide Party A with Cloud Computer Services, and will delete the data stored in the cloud computer host and/or data disk. Party A should make data backup before unsubscribing from the Services.

8.3 The refund rules [12] of Cloud Computer shall be subject to the refund rules of Party B.

Article 9 Party A’s Business Data

9.1 Other than for the purpose of implementing the service requirements of Party A, Party B will not make any unauthorized use and disclosure of user business data, except for the following circumstances:

(1)   When relevant national authorities inquire or access Party A’s business data according to laws, Party B has the obligation to provide cooperation in accordance with relevant laws and regulations or the requirements of competent authorities, and to disclose to third parties or administrative, judicial and other institutions; 

(2)   Where Party A and Party B negotiate and agree separately.

Article 10 Term and Termination of Agreement

10.1 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.

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

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

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

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

10.3.3  Due to any legal or policy changes, it is not practical for Party B to continue to provide the Services to Party A;

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

10.3.5  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; 

10.3.6  Where Party A violates other terms of this Agreement;

10.4 Except as stipulated in Article 10.3, 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.

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

10.6 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 11 Others

11.1 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.

11.2 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.

11.3 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

11.4 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.