This eSurfing Cloud Relational database 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 Relational database 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 Relational database Services in accordance with this Agreement.

Before using the eSurfing Cloud Relational database 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 Relational database Services.

If Party A has any questions about this Agreement, it shall make queries via the means set out in this Agreement and Party B will explain and clarify to 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 Relational database Services.

1.              Product and Service Description

Party B provides the eSurfing Cloud Relational Database Services (the "Services") to the Customer on the terms and conditions of this Agreement. Based on the cloud computing platform, the Services are stable, reliable, and scalable online relational database services that are ready to use and easy to manage.

2.              Service Level Requirements

Party B undertakes to provide the Customer with the Services as set forth in Appendix 1 eSurfing Cloud Relational Database Service Level Agreement.

3.              Service Fee

3.1           Both fixed monthly/annual billing and pay-as-you-go ("PAYG") billing are 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 / Data Deletion and Consequences of Payment Default

3.2.1    For fixed monthly/annual subscriptions, if the Customer intends to continue its use of the Services upon 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 operation and freeze the resources on the database instance upon the expiration of the service period. Party B will, following the expiration of the service period, reserve the resources of the database instance and retain the Customer's data for another fifteen (15) days (i.e., starting from the moment the Customer's permissions to perform operation 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.

3.2.2    For services of the PAYG billing mode, the Customer shall deposit funds into its account and pay the service fee so as to ensure its continuous use of the Services. In case of a default on the service fee, Party B will suspend the Customer's permissions to perform operation on and freeze resources. Party B will then reserve the resources of the database instance and retain the Customer's data for another fifteen (15) days (i.e., starting from the moment the Customer's permissions to perform operation is suspended on the day of such suspension and ending on the same moment on the fifteenth day thereafter). If the Customer fails to deposit funds into its account and pay the service fee in full 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 on it upon the expiration of such period.

4.              Service Specifications

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 judge by itself the suitability of the Services to the type of the database, elastic IP, storage 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 perform operation 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 retrieving and altering the content of the database by itself);

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 will provide the Services on the terms and conditions of this Agreement, which cover only the technical architecture and components for the database instance. The Customer shall be solely responsible for applications other than the Relational Database.

4.3           Dependence and Impact of Product Effectiveness

4.3.1    In normal circumstances, during its use of the Services, if the Customer needs other eSurfing Cloud services (such as elastic cloud server, elastic public IP and alike), it shall activate, subscribe to, and pay separately for such infrastructure products (elastic cloud server, elastic public IP and alike), 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 an elastic cloud server. 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 Database

4.4.1    If the Customer engages in any operating activity by making use of the services made available by Party B, which is subject to the license or approval of the competent authority at different countries, such license or approval shall be obtained, including but not limited to:

(a)            If its website makes use of the Services to store data, the Customer shall ensure to have obtained the license or approval for the competent authority;

(b)            If it provides non-commercial Internet information services, the Customer shall go through the Internet filing procedures and ensure all the filing information submitted is true, complete and valid. When the filing information provided changes, the updated information shall be submitted to the filing system in a timely manner;

(c)            If it provides commercial Internet information services, the Customer shall obtain commercial website operating license from the local telecommunications authority;

(d)            If it provides Bulletin Board Service and alike, the Customer shall go through filing procedures or obtain the relevant approval in accordance with relevant laws and regulations;

(e)            If it operates any Internet game website, the Customer shall obtain an Internet Culture Business Permit in accordance with the law;

(f)             If it operates any Internet audio-visual website, the Customer shall obtain a License for Publication of Audio-Visual Programs through Information Network in accordance with the law;

(g)            If it engages in Internet information services such as Bulletin Board Service, news, publishing, education, health care, drugs and medical devices, the Customer shall obtain the approval of competent authority in accordance with laws, administrative regulations and State provisions. It shall obtain approval from the competent authority in accordance with the law before applying for the operating license or going through the filing procedures.

4.4.2    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 database instance (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.              Party A's Rights and Obligations

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

5.2           Party A shall provide Party B with necessary technical parameters, including but not limited to elastic 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 Relational Database Services project to ensure the normal operation of the Services.

5.3           Party A understands and agrees that, Party B’s services under this Agreement do not involve any provision of storage and/or backup services for Party A’s end-user data, and out of concern about Party A’s data and system security, when Party A requires Party B’s engineers to directly operate its Relational Database Services, Party A should authorize it by email, ticket, 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 Relational Database Services. Party B is only responsible for the operation and maintenance of the  underlying party 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.

5.4           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.

5.5           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:

5.5.1    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 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;

5.5.2    Where Party A uses the relational database 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;

5.5.3    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;

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

5.5.5    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; and

5.5.6    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.

5.6           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), 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 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.

5.7           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.

5.8           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.

6.              Party B's Rights and Obligations

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

6.2           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.

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

6.4           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.

6.5           Party B will take basic security protection measures for its systems and equipment in accordance with laws and regulations. If Party A has higher requirements for security protection measures 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.

6.6           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.

6.7           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.

6.8           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.

6.9           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. Under the Payment in Advance / Payment in Arrears modes, the price of the pay-as-you-go ("PAYG") product will automatically change on the basis of the price adjustment of Party B. The price of the annual/monthly subscription product will not change if the order is not changed/expired, and the price will be changed on the basis of the price adjustment of Party B after the order is changed/expired. When the use of Party A is affected by Party B’s price adjustment or major function adjustment, Party A may stop using the PAYG billing product at any time, and Party A may apply to unsubscribe the annual/monthly billing products pursuant to Party B’s unsubscription rules, which may be consulted with at the eSurfing Cloud customer service hotline.

7.              Party A’s Business Data

7.1           The services provided by Party A through eSurfing Cloud, and the data processed, stored, uploaded, downloaded, distributed, and processed by other means are all user business data of Party A.

7.2           Apart from implementing Party A's service requirements, Party B will not make any unauthorized use and disclosure, except in the following circumstances:

7.2.1    When the relevant national authorities inquire or read user business data according to law, 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; or

7.2.2    The Parties agree separately through negotiation.

7.3           Party A can delete and change its own user business data by itself, but it should be done with caution. If Party A releases the service or deletes the data, Party B will no longer retain the data according to Party A's instructions.

7.4           When the service period expires, the Services are terminated early (including early termination due to mutual agreement, early termination caused by other reasons, etc.) or Party A owes fees, unless otherwise specified by laws and regulations, required by the competent department or otherwise agreed by the Parties, eSurfing Cloud only continues to store Party A's user business data (if any) within a certain buffer period. The buffer period is subject to the Service Rules, product documents, and service descriptions applicable to the services ordered by Party A. Party B will delete the data when the buffer period expires. All user business data, including all cached or backup copies.

7.5           Once the user business data is deleted, it cannot be recovered; Party A shall bear the consequences and responsibilities caused by the deletion of the data. Party A understands and agrees that Party B has no obligation to continue to retain, export or return the user business data.

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

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

8.3.2    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;

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

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

8.3.5    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

8.3.6    Where Party A violates other terms of this Agreement.

8.4            If Party B terminates this Agreement because of Party A’s breach, Party B shall, without prejudice to its other rights and remedies hereunder or at law, have the rights to withhold the remaining amount (if any) in Party A's eSurfing Cloud account to offset any loss and damage suffered by Party B because of Party A’s breach.

8.5           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.

8.6           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.

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 the Parties. If the eSurfing Cloud Website User Agreement or the eSurfing Cloud Service Agreement between the Parties 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 and 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

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

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

11.1        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.

Appendix 1

eSurfing Cloud Relational database Service Level Agreement

Article 1  General Provisions

China Telecom ("eSurfing Cloud" or "Party B", www.esurfingcloud.com) provides the eSurfing Cloud Relational database Services (hereinafter referred to as the "Services") to the Customer (also referred to as "Party A") in accordance with the provisions of this Service Level Agreement (the "SLA") and operating rules issued by Party B from time to time. Party B reserves the right to amend the terms of the SLA at any time.

Article 2 Service Description and Commitment

2.1 Definitions

A Service Cycle means one calendar month, less than which will not be counted as a Service Cycle. If not otherwise specified, one month means 43,200 minutes (i.e. 30 days * 24 hours * 60 minutes).

Service Unavailability refers to the case where the relational database instance is inaccessible for more than 100 consecutive seconds due to eSurfing Cloud according to the logs in the database service system, and any unavailability duration below 100 seconds will not be counted.

Service Unavailability Duration means the aggregate time within a Service Cycle during which the Services are unavailable. The Service Unavailability Duration shall not be counted more than once, i.e. the Service Unavailability Duration of a given Service Cycle shall not be counted for purpose of calculating the Service Unavailability Duration of the next Service Cycle.

Calculation of Service Availability Rate per Service Cycle

Service Availability Rate per Service Sycle= (the Aggregate Time of a Service Cycle - the aggregate time of Service Unavailability of such Service Cycle in minutes) / the Aggregate Time of such Service Cycle in minutes x 100%

Service Availability Rate Commitment

Party B will exert its reasonable commercial and technical endeavours to warrant a service availability rate not lower than 99.95% per Service Cycle for the primary and secondary instances of a relational database.

Article 3 Service Credit as Compensation

Compensation mode: If Party B fails to fulfill its service availability rate commitment under the SLA, Party A will be entitled to request compensation therefor in accordance with the SLA. Such compensation provided in the form of service credit in service minutes will be the sole and exclusive remedy offered to Party A by Party B for its failure to fulfill its service availability rate commitment hereunder.

Time limit for request: For each Service Cycle, Party A may, upon the settlement of the invoices therefor, submit a request for compensation with respect to the cloud services that fail to meet the service availability rate commitment, provided that such request must be submitted within two (2) months from the end of the Service Cycle during which the failure that is the subject of Party A’s request occurs. Any late request beyond such time limit will not be accepted. Party B will, in accordance with the SLA, evaluate such request in a reasonable manner and decide whether Party A is eligible for such compensation in good faith.

How to request compensation: Party A may request compensation by submitting a ticket via the customer center of eSurfing Cloud.

Compensation details: If the Service Availability Rate of the Services does not reach the said warranty, eSurfing Cloud will compensate the Customer pursuant to the following table:

Article 4 Exclusions

The duration of unavailability of Party A’s databases will not be considered for the purpose of calculating the Service Unavailability Duration if such unavailability arises from:

(1)    system maintenance conducted by Party B with prior notice to Party A, including cutovers, repairs, upgrades and simulated failure drills;

(2)    any network or equipment failure of or configuration adjustment to the equipment other than those owned by Party B;

(3)    applications of or installation operations by Party A;

(4)    hacking attack against the applications or data information of Party A, including but not limited to DDoS attacks;

(5)    negligence on the part of Party A or any operation authorized by Party A;

(6)    loss or leakage of data, passwords, codes, and so forth caused by improper maintenance or inadequate confidentiality measures by Party A;

(7)    upgrade of the operating system by Party A itself;

(8)    operating system vulnerabilities;

(9)    other unavailability not attributable to Party B; or

(10) force majeure and unforeseen events. A force majeure or an unforeseen event refers to any objective event that is unforeseen, insurmountable and unavoidable and has a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and social events such as wars, strikes, riots, acts of the government, disruption along telecommunications trunk lines, hacking, network congestion, technical adjustments in the telecommunications sector and governmental regulation.

Party B shall not be liable where Party B is unable to perform its warranty for any of the above reasons and, where force majeure prevents one Party from performing this Agreement in whole or in part, upon written notice to the other Party, the affected provisions of the SLA shall be excluded for the period of such failure and to the extent affected. The Parties agree to use their best endeavours to resume performance under the SLA once the cause of such exclusion of liability has been rectified and remedied.

In addition to the circumstances set out in the  eSurfing Cloud Relational Database Service Agreement, the following circumstances shall not be counted towards the Service Unavailability Duration in respect of the Services:

(1) The Customer does not operate an instance of the Services in the correct manner.

(2) Unavailability caused by operations authorised by the Customer, including but not limited to unintended restart of the instance, override recovery of the instance, improper modification of parameters and unauthorised deletion of user accounts and permissions.

(3) Service Unavailability due to lack of space.

Article 5 The Effectiveness of this Agreement and Miscellaneous

The SLA shall be effective and binding as of the date of application for the eSurfing Cloud Relational Database Services by the Customer. The termination date hereof is subject to the termination of the eSurfing Cloud Relational Database Service Agreement.