This eSurfing Cloud Container Security Guard Service Agreement (hereinafter referred to as the "Agreement") is entered into between the user (hereinafter referred to as "Party A" or the "Customer") and China Telecom (hereinafter referred to as "Party B"). Party B shall provide the eSurfing Cloud Container Security Guard Service (hereinafter referred to as the "Services") 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.

Party A shall fully read, understand and agree to accept and abide by this Agreement before using the Services. If Party A agrees or actually uses the Services in any way, it shall 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 with any of the content of this Agreement, please do not subscribe to or use the Services.

Article 1 Product and Service Description

1.1 Party B shall provide the Services to the Customer in accordance with this Agreement. The eSurfing Cloud Container Security Guard (CT-CSG) container security can scan the vulnerabilities and configuration information in the image, helping enterprises solve the problem that traditional security software cannot perceive the container environment.  It also provides container process whitelisting,  read-only file protection and container escape detection functions to effectively prevent the occurrence of security risk events when containers are running.

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 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 licences 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, and 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 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 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 Container Security Guard 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 Services 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 Monthly/annual and pay-as-you-go billing modes are available for the Services. The Customer shall pay Party B the service fee in accordance with the prompts on the subscription page and the provisions of this Agreement. Party B reserves the right to update the price information and payment method at any time and publish the updated information on the official website of eSurfing Cloud.

4.2 Resource Expiration/Deletion and Payment Default Handling

4.2.1 For fixed monthly/annual service 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 operating permissions for the Container Security Guard instance and freeze the resources upon the expiration of the service period. Party B will, following the expiration of the service period or early termination of the service period (including early termination by mutual agreement, and early termination due to other causes, etc.), retain the Container Security Guard instance resources ("Instance Resources") for  fifteen (15) calendar days (i.e., the period expires from the suspension start time on the day when the operating authority is suspended to the same time on the fifteenth (15th) calendar day). If the aforementioned fifteen (15) calendar days have expired and the subscription has not been renewed,, Party B has the right to immediately release the Customer's Instance Resources and delete the instance data upon the expiration of the aforesaid period. Instance data cannot be restored after the deletion. For clarity, the "Instance Resources" mentioned here refer to a series of collection data including underlying resources, source database information or target database information, and customer data. "Instance data" refers to, including but not limited to, the deployed machines, specifications and validity periods.

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 Party B will enable and provide the Services for the Customer after the subscription is completed. The Customer can log in to the Site and complete the configuration and operation related to the Services in the management console;

5.1.2 The Customer shall ensure adequate balance in its account to continuously use the Services. If the Customer's account balance is insufficient, Party B is entitled to terminate the Services provided to the Customer;

5.1.3 The Customer understands and agrees that when using the Services, the Customer shall be responsible for completing data backup and bear any losses and consequences caused by the data loss, omission, destruction or data leakage caused by the Customer, and Party B shall not be liable for this;

5.1.4 The Customer shall submit the configuration requirements through the Container Security Guard console, and the Customer shall ensure the accuracy of the requirements. The platform will complete the configuration based on the requirements submitted by the Customer, and the Customer shall be responsible for all the operations and their consequences;

5.1.5 The Customer shall be responsible for its own actions;

5.1.6 Container Security Guard is managed by the Customer's container management platform, and the Customer shall ensure that it has the corresponding authority to use the Services and its status meets the operational requirements. If the Services fail to run normally due to the Customer's operations on its container management platform, the Customer shall bear all responsibilities;

5.1.7 Party B shall provide the Services in accordance with this Agreement, and the Services only include the Container Security Guard Service and its extension services. The Customer shall be responsible for the content accessing the Container Security Guard, and the Customer shall ensure that the content complies with relevant policies and regulations;

5.1.8 eSurfing Cloud is committed to continuously improving the level of the Services and reducing the risk of container intrusion, but it cannot guarantee that the containers are 100% free from security threats;

5.1.9 You understand that Party B cannot guarantee that the Container Security Guard probe is compatible with all server systems. Due to possible incompatibilities, your server's resource utilization may increase significantly and there is a possibility of server downtime. You understand and acknowledge that Party B is not responsible for problems caused by the above compatibility;

5.1.10 Unless otherwise agreed by the Parties, if the Customer uses other eSurfing Cloud services along with the Container Security Guard, the Customer shall pay the service fee to Party B in accordance with the corresponding service fee standards and comply with the corresponding service terms.

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 Services 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 Container Security Guard. 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.

8.3 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:

8.3.1 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;

8.3.2 Where Party A uses the Services to upload, download, store and publish content that violates applicable laws, 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 harmful to social order, public security, and public morals.

8.3.3 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;

8.3.4 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;

8.3.5 Where Party A runs irrelevant programs or intentionally writes malicious codes, consuming a large amount of server memory, CPU or network bandwidth resources; and

8.3.6 Where Party A engages in any activities, including but not limited to "DNS resolution", "security services", "domain name proxy", and "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.

8.4 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.

8.5 Party A shall be responsible for the integrity and confidentiality of its data stored on the eSurfing Cloud website and the codes and passwords used for entering and managing various products and services on the eSurfing Cloud website, 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 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.

8.6 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;

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, Party B shall have the right to withhold the remaining amount (if any) from Party A's eSurfing Cloud account, without prejudice to its other rights and remedies under this Agreement or the law, to offset any losses and damages caused to Party B due to Party A's breach.

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 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.

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

Appendix 1

eSurfing Cloud Container Security Guard Service Level Agreement

Article 1 General Provisions

China Telecom (hereinafter referred to as "Party B", website: https://www.esurfingcloud.com) provides Container Security Guard Service (hereinafter referred to as the "Services") to the user (also referred to as "Party A") in accordance with the provisions of the eSurfing Cloud Container Security Guard Service Level Agreement (hereinafter referred to as the "Agreement") and its operating rules as may be amended from time to time. Party B reserves the right to change the terms of the Service Level Agreement (SLA) at any time.

Article 2 Service Commitment

The Party B undertakes that the service availability rate of a single Container Security Guard instance is no less than 99.95% per service cycle.

Article 3 Service Description

A service cycle is defined as a calendar month. Any duration less than a calendar month shall not constitute a complete Service Cycle. Unless otherwise specified, the total time of a service cycle equals to the total number of days in the service cycle x 24 (hours) x 60 (minutes).

Single Instance Unavailability is the period when the system logs of the Container Security Guard show that the Services were inaccessible for one or more consecutive minutes because of eSurfing Cloud. Service unavailability of less than one minute is not counted.

The service availability rate of a single Container Security Guard instance per service cycle:

Service Availability Rate for a given Service Cycle = (Total Minutes in a Service Cycle for a Single Instance – Minutes of Unavailability in the Service Cycle for the Single Instance)/Total Minutes in a Service Cycle x 100%.

Article 4 Compensation Scheme

1 Compensation Standard

In the event Party B does not meet the commitment on the Service Availability Rate specified in this SLA, Party A is entitled to claim Service Credits as specified in the SLA, which shall be the sole and exclusive compensation for any performance or availability issues for the Services under this SLA.

2 Time Limit for Claims

(1) If the Service Availability in a Service Month fails to meet the Service Availability Standard, Party A may claim for compensation only through the ticket system under Party A's account after the fifth (5th) business day of the month immediately following such Service Month. Party B will verify and ascertain the application upon receipt of such application. If there is any dispute over the calculation of the Service Availability for a Service Month, both Parties agree that the back-end record of Party B shall prevail.
(2) Party A shall apply for compensation no later than the sixtieth (60th) calendar day following the end of the Service Month in which the Service fails to meet the Service Availability Standard. If Party A fails to make any application within such period, or make the application after such period, or make the application by any means other than that agreed herein, it shall be deemed that Party A has voluntarily waived its right to apply for such compensation and any other rights it may have against Party B, in which case Party B has the right to reject the application for compensation and not to make any compensation to Party A.

Article 5 Force Majeure and Exemption

The unavailability of Party A's data migration service due to the following reasons shall not be counted in the unavailability time:

(1) Scheduled system maintenance, including cutover, repair, upgrade, or simulated failure exercises, for which Party B has provided prior notice to Party A;

(2) Network failures, device faults, or configuration adjustment of non-eSurfing Cloud devices;

(3) Unavailability caused by Party A's application or installation activities;

(4) Party A's application programs or data attacked by hackers;

(5) Operations authorized by Party A or any Party A's misjudgment in operations;

(6) Loss or disclosure of data, including passphrases and passwords, due to improper maintenance or confidentiality by Party A;

(7) Unavailability caused by Party A's self-upgrading of the operating system;

(8) Operating system vulnerabilities; and

(9) Unavailability that arises during the period when Party A's services are suspended or terminated according to the laws and regulations at the request of supervision authorities or the relevant agreement;

(10) Unavailability caused by Party A's failure to use the Services in accordance with the service usage documents or operation instructions (such as the user's shutdown or restart of the Container Security Guard probe through control methods such as the console and API).

(11) Unavailability caused by other non-Party B reasons;

(12) Service unavailability resultant from force majeure events or unforeseen accidents; Force majeure or other accidents that are unforeseeable, insurmountable, and unavoidable and have significant impact on one party or both parties, including but not limited to natural disasters (such as floods, earthquakes, and plague epidemics) and social events (such as wars, strikes, unrest, government actions, interruption of telecom backbone lines, hackers, network congestion, technical change of telecommunications departments, and government policies).

Party B shall not be liable for failing to perform its commitment due to the above reasons; If either party fails to perform the SLA in whole or in part due to force majeure and upon written notice to the other party, such party may not be liable for the affected clauses of the SLA during the period of failure to perform these clauses and within the affected scope of such non-performance. After the effect of such Force Majeure Events or other accidents has been removed, the affected party/parties shall resume its/their performance hereof.