Effective date：2024-06-25
This eSurfing Cloud HBlock Service Agreement ("Agreement") is entered into between the user (also known as "Party A" or the "Customer") and China Telecom (also known as "Party B"). Party B shall provide the eSurfing Cloud HBlock Service to Party A through the eSurfing Cloud Website (www.esurfingcloud.com, also known as the "Site" or "eSurfing Cloud") in accordance with the provisions of this Agreement. Party A shall use the Services in accordance with this Agreement.
Before ordering and using eSurfing Cloud HBlock Services, the Customer shall carefully read and fully understand the contents of each clause, including but not limited to the clauses of exemption or limitation of Party B's liabilities and limitation of the Customer's rights. These clauses will be marked in bold font or other eye-catching forms.
If the Customer has any questions about this Agreement, it shall make queries via the means set out in this Agreement, and Party B will explain to and clarify with the Customer.
By clicking the confirm button, placing an order on the webpage, or using the eSurfing Cloud HBlock Services in any other way, the Customer is deemed to have read and fully understood all the content of this Agreement and to agree to accept and be bound by the content of this Agreement. If the Customer does not agree to accept this Agreement or is unable to accurately understand Party B's explanations, it shall not subscribe to and use the eSurfing Cloud HBlock Services.
I. Description
1. The eSurfing Cloud Services are governed by this Agreement, along with the eSurfing Cloud Website User Agreement, the eSurfing Cloud Privacy Policy Statement, and the eSurfing Cloud Website Service Agreement, which the Customer has accepted already. The Customer may accept the eSurfing Cloud Services Contracts and Rules by, but not limited to, clicking the 'Agree' button when registering or subscribing to services on the eSurfing Cloud Website (https://www.esurfingcloud.com/).
2. For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement. If there is any conflict on the same matter in this Agreement, the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement, this Agreement shall prevail.
3. This Agreement consists of the following documents:
(1) These Explanations;
(2) Special Terms of Service;
(3) Service rules related to specific products/services displayed on the eSurfing Cloud International Site (including but not limited to the help pages of the eSurfing Cloud International Site), including service descriptions, technical specifications, usage procedures, renewal rules, unsubscription rules, help pages, and other legal documents that clarify the rights and obligations of the Parties regarding the use and provision of the eSurfing Cloud Services;
(4) Orders (applicable to annual/monthly subscriptions only).
The aforementioned documents supplement each other. Where there is a conflict between the aforementioned documents regarding the same matter, the documents will prevail in the ascending order mentioned above to the extent of the conflict; when there is a conflict between multiple documents within the same order, the document formed later shall prevail. In the event of inconsistency in the interpretation of a matter between any document and the Special Terms of Service of different products or services, the interpretation as provided in the Special Terms of Service of each product or service shall prevail.
The provisions concerning the protection of personal information and privacy shall apply to: a) Party B shall process the personal information provided to Party B by the Customer in connection with the creation and management of customer/user accounts in the manner set out in the eSurfing Cloud Privacy Policy Statement; b) Party B shall process the data directly controlled or hosted by the customer and/or user in the products/services provided by Party B associated with the customer/user account in accordance with the terms and conditions concerning the data security and privacy protection in the eSurfing Cloud Website User Agreement and the eSurfing Cloud Website Service Agreement. To avoid ambiguity, the personal information referred to in subparagraph a) of this Article is not included.
4. Upon the execution of this Agreement, if the Customer requires a written confirmation from Party B for the services under this Agreement, such confirmation document provided by Party B to the Customer is only issued at the request of the Customer and is not a confirmation of the conclusion of a contract and does not affect the validity of and does not constitute any amendment or supplement to the established order, this Agreement or the eSurfing Cloud Services Contracts and Rules.
China Telecom provides Party A with the eSurfing Cloud HBlock Services (hereinafter the "Services") in accordance with this Agreement. HBlock is a lightweight, software-defined storage cluster controller that operates in user mode, which was independently developed by China Telecom. It can convert a universal server and its managed storage resources into a high-performance virtual storage array, provide distributed block storage services through the standard iSCSI protocol, and be mounted to a local server (or other remote servers) for use, realizing the intensive utilization of resources. In offline mode, HBlock can be used for local data storage as a substitute for the local disk array; In online mode, HBlock can also act as a bridge between local and cloud storage, automatically synchronizing full data to object storage and retaining only hot data to save local storage space, or retaining full data to ensure local I/O performance to achieve hybrid cloud storage.
Since the HBlock hardware and object storage are provided by Party A, Party B makes no commitment to the availability of the HBlock.
3.1. The Services provide a 90-day trial period. After the trial period expires, a license must be purchased before use. The license fee shall be subject to the service rules of the eSurfing Cloud International Site and the information displayed on the Help Center page of the Services. Party A can choose the specific license type, maximum capacity, duration of use or duration of maintenance by itself, and shall pay the corresponding service fee in accordance with the current effective price system on the Site.
3.2. The Services are effective immediately upon subscription and cannot be unsubscribed.
3.3. Party B reserves the right to update the price and payment method at any time, and will publish the updated information on the eSurfing Cloud International Site.
4.1. 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 eSurfing Cloud International Site, and continue to have a legal and valid user account of the eSurfing Cloud International 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, and the Agreement is continuously valid during the use of the Services;
3) Use the Services in accordance with the Service Rules of the Site;
4) If Party A uses functions related to cloud volumes of the Services, it needs to activate and use the object storage products, and shall ensure that the object storage products are continuously available during the use of the Services.
5) If Party B is required to assist in deployment, Party A shall agree to provide server equipment and relevant application information for installation and deployment in accordance with Party B's business acceptance requirements;
6) Other preconditions for using the Services as stipulated in this Agreement.
4.2. The Party A understands and agrees that the use of the Services is the result of Party A's independent and prudent judgement, and that Party A shall be responsible for the results of its own judgement or actions, including but not limited to:
1) During the use of the Services, Party A shall comply with all applicable laws (including but not limited to complying with regulations and policies related to data transmission, privacy protection, export control, etc. in the region where the Services are used);
2) When using the Services, Party A shall properly keep all its account passwords, backup data and bear the risk of data loss, omission, and damage caused by its own reasons, for which Party B shall not be liable;
3) Party A shall determine by itself whether the Services apply to the selected software and hardware (e.g. the operating system, images, and EIPs), and the service items required by Party A.
4.3. Party A shall not license any third party other than itself to use the Services by transfer, lease, free use or in any other way.
4.4. According to the requirements of Party A, Party B shall provide a one-time installation and deployment service to Party A (5 days x 8 hours, except legal holidays). Party A understands and agrees that the installation and deployment shall be scheduled in advance with Party B through the customer service ticket. If technical conditions are met, the deployment time of a set of HBlock shall be about 8 hours.
4.5. The license purchased by Party A can be only used in the specified HBlock environment. After the system is reinstalled or the environment is changed, Party A needs a new license to use the Services.
4.6. During the maintenance support period stipulated in the license, Party B shall provide Party A with non-fault acceptance services (5 days x 8 hours, except legal holidays) and fault acceptance services (7 days x 24 hours).
4.7. During the maintenance support period stipulated in the license, Party A can use the upgrade function of HBlock, and Party B reserves the right to interpret the compatibility of the upgraded version of the software. The upgrade function is unavailable after the maintenance support period expires.
4.8. During the service period stipulated in the license, Party A can use the management function of HBlock, which is unavailable after the service period expires.
4.9. During the maintenance support period stipulated in the license, Party A can directly renew the Services or the maintenance support period. After the maintenance support period expires, if Party A needs to renew the Services or the maintenance support period, the terms and price shall be separately agreed.
4.10. Party A understands and agrees that for the security of Party A's data and system, when Party A requires Party B's engineers to directly operate its HBlock Services, Party A should authorize it by email, hotline voice, etc. Party A shall designate a sole contact person as the authorizer (maintainer) who shall authorize Party B when necessary, which means that only the authorized person has the right to require Party B's engineers to operate its HBlock Services. Authorization means that Party A fully trusts Party B, and Party B has the right to access all data in the user environment and perform actions to diagnose problems. Party B shall do its best to diagnose problems and ensure data security. Meanwhile, Party B is only responsible for maintenance of the HBlock server (iSCSI Target), while Party A is responsible for the application part (iSCSI Initiator) of the HBlock client. Due to the complexity of the system environment, there are still risks when Party B assists Party A in the relevant operations [service interruption or data loss, etc.], and Party B shall not be responsible for any consequences caused after authorization. During the period of authorization, if Party A fails to communicate with Party B's engineers and conducts operations on its own which results in business unavailability, Party A shall bear all the risks and responsibilities arising therefrom.
4.11. Party A shall provide Party B with necessary technical parameters, including but not limited to IP address segments, server-related parameters, networking structure and network resources, and alike, and actively cooperate with Party B to complete the implementation and commissioning of the HBlock Service project to ensure the normal operation of the Services.
4.12. If a power failure occurs or the HBlock server goes down during transmission, when the HBlock service stops: Data that has been uploaded to the object storage via HBlock will not be lost; Some of the latest data (for example, the data that has not been written to the disk) stored in the HBlock local cache may be lost. The amount of lost data is also related to the write speed. Using SSD as level-1 cache can reduce the amount of lost data and improve I/O performance.
4.13. If the disk is damaged during transmission, data that has been uploaded to the object storage via HBlock will not be lost, while the data stored in the HBlock local cache will be lost. The volume data on disk will not be affected if the user environment meets the following requirements: Based on the data redundancy attributes selected during the volume creation process, volume data in non-single copy mode can be degraded or successfully rebuilt.
4.14. HBlock provides the functionality of storage protocol conversion, but Party B is not responsible for the storage of Party A's data, and Party A should properly store and back up the data based on the business requirements. Party A understands and agrees that Party B shall not be responsible for any risk of data loss, omission, or damage not caused by Party B, including but not limited to the following scenarios:
1) Before the client and server of HBlock are disconnected, data writing should be stopped, the disk should be taken offline, and then the iSCSI should be disconnected in the iSCSI initiator. Party A fails to disconnect the connection as required, but directly powers off or restarts the client server, or the client server is frozen due to unpaid fees or other reasons;
2) Party A directly powers off or restarts the HBlock server before stopping the HBlock services, or the server of the server-side is frozen due to unpaid fees or other reasons;
3) Party A directly powers off or restarts the server of the client or server side when data is being written to the volumes provided by HBlock, or the server is frozen due to unpaid fees or other reasons.
4) The data writing is incomplete, the file read/write fails, or the file system integrity is damaged due to unexpected network interruption between HBlock and the client or unexpected network interruption between HBlock and the object storage.
5) The object storage account used by HBlock is frozen due to unpaid fees or other reasons.
6) Other scenarios in which Party B bears no responsibility.
4.15. Under any circumstances, the total liability of Party B for breach of the Agreement shall not exceed the total service fee corresponding to the corresponding breach of the Agreement.
4.16. Party A fully understands that Party B provides the Services to Party A on an "as is" and "as available" basis, and Party B makes no warranties, express or implied, with respect to the Services. However, Party B shall provide the Services with due diligence and honesty.
5.1. The termination of this Agreement will not affect the effectiveness of the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement between Party A and Party B. If the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement or the eSurfing Cloud Privacy Policy Statement between Party A and Party B is terminated, this Agreement will be automatically terminated.
5.2. For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement. If there is any conflict on the same matter in this Agreement, the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement, this Agreement shall prevail.
5.3. The latest version of the eSurfing Cloud Service Agreement can be found at:
https://www.esurfingcloud.com/portal/protocol/20685742
The latest version of the eSurfing Cloud Website User Agreement can be found at: https://www.esurfingcloud.com/portal/protocol/10144340
The latest version of the eSurfing Cloud Privacy Policy Statement can be found at:
https://www.esurfingcloud.com/portal/protocol/10139040
5.4. 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.