Effective date:2024-05-02
This eSurfing Cloud Audit 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 Audit 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 eSurfing Cloud Audit Service in accordance with this Agreement.
Before using the eSurfing Cloud Audit Service, Party A shall fully read, understand, and agree to accept and abide by this Agreement. By clicking to agree or actually using the eSurfing Cloud Audit Service in any way, it will be deemed that Party A agrees and accepts all the content of this Agreement. This Agreement constitutes a legally binding agreement between Party A and Party B. If Party A does not agree to this Agreement, it shall not use the eSurfing Cloud Audit Service.
Article 1 Product and Service Description
1.1 Party B provides Party A with the eSurfing Cloud Audit Service (hereinafter the "Services") in accordance with this Agreement. eSurfing Cloud Audit Service is a professional log auditing service in cloud security solutions which provides the features to record and query various cloud resource operations and is applicable to compliance auditing, security analysis, resource tracking, problem positioning and other scenarios.
Article 2 Service Content
2.1 Party B shall provide Party A with the Service in accordance with this Agreement. The specific content of the Services is subject to the services displayed on the Site and actually provided by Party B upon Party A’s application. 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 and the eSurfing Cloud Privacy Policy Statement;
(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 or regional regulations, and the relevant qualification documents have been submitted in accordance with this Agreement to Party B and approved by Party B.
Party A shall obtain and maintain the relevant licenses or approvals, including but 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 register non-commercial websites, ensure that all the filing information submitted is true and valid, and promptly submit the updated information in the registration system when the registration information changes;
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 electronic bulletin services such as BBS, it shall conduct filing or obtain corresponding approval according to relevant laws and regulations;
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 the publication of audio-visual programs through an 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 approval from relevant competent authorities in accordance with laws, administrative regulations, and relevant state regulations. Party A shall obtain approval from relevant competent authorities in accordance with laws before applying for a business license 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 using the Services as stipulated in this Agreement.
2.3 Party B undertakes to provide the Services to the Customer in accordance with the requirements of the eSurfing Cloud Audit Service Level Agreement.
Article 3 Service Activation
3.1 After carefully reading the Service Rules corresponding to the purchased service, Party A can purchase the required service online through the Site according to its own needs, or the account manager can assist in activating it at the service console. After the service is activated, Party A can log in to the Site and complete the configuration and operation related to the eSurfing Cloud Audit Service in the management console.
3.2 If there is any inconsistency in the main text of this Agreement, attachments, Service Rules, service descriptions, price descriptions, confirmation terms on the order page, etc. on the relevant pages of the Site, they shall be applicable on the following order of precedence: (1) service descriptions and price descriptions on the relevant webpages on the Site, and confirmation terms on the order page, (2) Service Rules, (3) the main text of this Agreement, and (4) the attachments to this Agreement.
Article 4 Service Fees
4.1 eSurfing Cloud Audit Service is free of charge.
4.2 If Party A needs to use the Event File Transfer in the Services, it shall separately activate other cloud products (such as ZOS), which will incur relevant fees. The product rates and billing methods shall be subject to the cloud products. If the dump fails due to the expiration of the corresponding cloud service or the suspension of the service due to arrears, the Customer shall be solely responsible for such failure.
Article 5 Service Specifications
5.1 The Customer understands and agrees that the use of the Services is the result of the Customer’s independent and prudent judgement and that the Customer shall be responsible for the results of its own judgement or actions, including but not limited to:
5.1.1 The Customer shall exercise its own judgment in parameter settings during the use of the Cloud Audit Service;
5.1.2 When using the Cloud Audit Dumping function, the Customer shall ensure that it has the operating permissions for the designated services/products. The above operations based on the Customer’s instructions shall be deemed to have been authorized by the Customer and all operational actions and the consequences thereof shall be borne entirely by the Customer;
5.1.3 The Customer understands and agrees that, when using the Services, it shall be responsible for the data backup and bear any losses and consequences caused by data loss, omission, damage, or leakage due to its own reasons and Party B shall not be liable for such losses and consequences;
5.1.4 eSurfing Cloud will provide the Services in accordance with the terms of this Agreement and the Services include only the technical framework and components related to the Cloud Audit Service. The Customer is responsible for the applications above the Services.
5.1.5 The Customer shall be responsible for its own actions;
5.1.6 Unless otherwise agreed by the Parties, if the Customer uses other eSurfing Cloud services (such as ZOS) along with the Services, it needs to separately activate and subscribe to these services/products (such as ZOS) and pay the fees. eSurfing Cloud shall provide the Services under the Terms of Service and Service Level Agreements;
Article 6 User Service Warranty
6.1 Party B provides Party A with customer service via the service hotline +852 3100 0000.
6.2 Party B provides 7 days x 24 hours of customer service to Party A.
Article 7 Technical Support Warranty
7.1 After Party B accepts the handling of faults or non-faults from Party A, it will provide Party A with a technical support warranty according to the specific situation and Party A's needs. The service hours of Party B's engineers are 7 days x 24 hours.
Article 8 Party A's Rights and Obligations
8.1 Party A has the right to use the Cloud Audit Service and obtain technical support and after-sales service from Party B in accordance with this Agreement.
8.2 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 Services, Party A should authorize it by email, work order, telephone, 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 Cloud Audit Service. The operating system and the parts above it (such as the applications 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 which results in business unavailability and other risks, Party A shall bear the risk.
8.5 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:
8.5.1 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 the 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;
8.5.2 Where Party A uses the Cloud Audit Service to upload, download, store and publish content that violates applicable laws, departmental regulations or national policies, and information that infringes the legitimate rights and interests of others and/or other information or content that is harmful to social order, public security, and public morals;
8.5.3 Where Party A carries out fraudulent and misleading behaviors such as gambling with prizes and gambling games, or conducts "private servers", "plug-ins" and other Internet activities that infringe the intellectual property rights or other legitimate rights and interests of others;
8.5.4 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;
8.5.5 Where Party A runs irrelevant programs or intentionally writes malicious codes, consuming a large amount of server memory, CPU or network bandwidth resources; and
8.5.6 Where Party A engages in any activities including but not limited to "DNS resolution", "security services", "domain name proxy", "reverse proxy" etc. that may cause users to be frequently attacked (including but not limited to DDoS attacks), thereby affecting the eSurfing Cloud service platform or others.
8.6 Party A understands and fully acknowledges that although Party B has established (and will continue to improve according to technological development) necessary technical measures to defend against computer viruses, network intrusions and attack (including but not limited to DDoS) (hereinafter collectively referred to as such Behavior), however, in view of the limitations, relativity and unpredictability of network security technology and the unpredictability of such Behavior, if Party A's account experiences such Behavior, Party B or Party B's network or server (including but not limited to local, foreign and international networks, servers, etc.) may cause harm or affect the smooth communication between Party B and the international Internet or between Party B and specific networks, servers, and Party B's internal parties, Party B shall have 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 of contract 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 balance (if any) to Party A's eSurfing Cloud account.
8.7 Party A shall be responsible for the integrity and confidentiality of its data stored on the eSurfing Cloud platform and the codes and passwords used 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, etc. Party A shall bear all 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.
8.8 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 Service, 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 agencies when they inquire according to the law. Party A shall bear the corresponding legal liabilities arising from failure to keep relevant records as required.
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 laws, regulations, or the requirements of 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 changes in laws or policies, 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 (if any);
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 Statement of this website;
9.3.6 Where Party A no longer meets any of the pre-conditions for the Services set out in Article 2.2 of this Agreement; or
9.3.7 Where Party A violates other terms of this Agreement.
9.4 If Party B terminates this Agreement due to Party A's breach of contract, Party B shall have the right to withhold the remaining amount (if any) in Party A's eSurfing Cloud account to offset any losses and damages caused to Party B, without prejudice to its other rights and remedies under this Agreement or laws.
9.5 Party B may terminate the Services 30 days in advance by publishing an announcement on the Site, or by sending an on-site notice or a written notice to Party A, in which case, 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 remaining 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, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement between the Parties. 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.
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, 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.
10.3 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