Effective date:2024-08-22
Special Reminder:
This eSurfing Cloud AccessOne 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 AccessOne 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 AccessOne in accordance with this Agreement.
Party A shall read the entire content of this Agreement carefully before using the eSurfing Cloud AccessOne. If Party A clicks to agree, 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 with any of the content of this Agreement, it shall not subscribe to or use the eSurfing Cloud AccessOne.
If Party A has any questions about this Agreement, it shall make queries via the means set out in this Agreement or on the Site, and Party B will explain to and clarify with Party A. If Party A does not agree with any of the content of this Agreement or is unable to accurately understand Party B's explanations, it shall not subscribe to or use the eSurfing Cloud AccessOne.
Article 1 Product and Service Description
1.1 eSurfing Cloud AccessOne (also known as "Services") distributes and accelerates website content, and utilizes intelligent resolution to achieve nearby user access through multi-level content caching, and optimal-path back-to-origin through intelligent routing and protocol optimization, thereby accelerating website response and ensuring service performance and security.
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 Party B undertakes to provide the Services to the Customer in accordance with the requirements of the eSurfing Cloud AccessOne Service Level Agreement.
2.3 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 that the AOne must be activated before activating the Services;
(3) Agree to and accept the terms of this Agreement;
(4) Agree to and accept the eSurfing Cloud Service Agreement and the eSurfing Cloud Privacy Policy Statement;
(5) Subscribe to and use the Services in accordance with the Service Rules of the Site;
(6) 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.
2.4 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.
(8) Other preconditions for using the Services as stipulated in this 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 Services are 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 Prepaid mode (monthly/annual billing) is 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.
4.2 Resource Expiration/Deletion and Payment Default Handling:
4.2.1 If the Customer subscribes to a service package, the eSurfing Cloud background management system will notify the Customer of the expiration and the usage by email 7 days, 3 days, 1 day before the expiration of the package and at 70%, 90%, 100% of package usage. To continue to use the Services after the service period expires or the package is used up, the Customer shall promptly upgrade the package or subscribe to extended services. Otherwise, China Telecom Cloud Technology Co. Ltd. shall have the right to terminate the Services, release resources and delete relevant data after the service period expires or the package is used up.
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 determine whether the Services are applicable for its accelerated content at its own judgement;
5.1.2 The Customer shall submit a configuration request through the eSurfing Cloud AccessOne console and ensure the accuracy of such requests, based on which eSurfing Cloud will complete relevant configurations. The Customer shall be solely responsible for all its actions and any resulting consequences.
5.1.3 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 in accordance with the corresponding service fee standards and comply with the corresponding service terms;
5.2 Party B will provide the eSurfing Cloud AccessOne and associated value-added services in accordance with the provisions of this Agreement, and the Customer shall ensure that its accelerated content on the AccessOne complies with relevant policies and regulations.
5.3 To use other eSurfing Cloud services such as media storage/cloud server along with the AccessOne, the Customer needs to activate and subscribe to these products, and pay for them separately. eSurfing Cloud will provide these services in accordance with the corresponding terms of service and the service level agreement.
5.4 When using the Services, the Customer shall back up data and bear the risk of data loss, omission, and damage caused by its own reasons.
5.5 The Customer shall not license any third party other than itself to use the eSurfing Cloud AccessOne under this agreement through transfer, lease, free use, or in any other way.
5.6 The Customer, when no longer needing the eSurfing Cloud AccessOne, shall adjust its configuration and remove the accelerated content from the eSurfing Cloud AccessOne to stop generating bandwidth traffic. If the eSurfing Cloud AccessOne continues to generate bills for traffic bandwidth arising from the Customer's failure to remove the accelerated content in a timely manner, it will be deemed that the Customer continues to use the eSurfing Cloud AccessOne, and the Customer shall pay the fees to Party B in accordance with the provisions of this Agreement.
Article 6 User Service Warranty
6.1 Party B provides 7×24 pre-sales and after-sales services to Party A per week.
6.2 Party B responds to Party A within 30 minutes after fault acceptance.
6.3 Party B provides Party A with pre-sales and after-sales services through the following channels:
Hotline: +(852)31000000 (recommended);
Email: *pre-sales: cs@chinatelecomglobal.com;
After-sales:global.noc@chinatelecomglobal.com;
Article 7 Technical Support Warranty
7.1 After Party B accepts the handling of faults from Party A, it will provide Party A with a technical support warranty according to the specific situations and Party A's needs.
7.2 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, by electronic 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 ICDN services. 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.
Article 8 Party A's Rights and Obligations
8.1 Party A shall activate and use the Services under this Agreement with its true identity, and shall be a natural person, legal person, or organization that has full capacity for civil rights and civil conduct. Party A shall, as required by Party B, provide Party B with relevant documents such as subject certificates, business certificates, permits or licenses for Party B's review. Party A warrants that the information provided is true, complete, accurate, legitimate and valid, and shall bear the corresponding legal responsibilities.
8.2 If the Customer does not have the qualifications as required in this Agreement, Party A has the right to suspend the provision of the relevant services, require the Customer to rectify within a deadline or directly terminate this Agreement, and pursue the Customer for corresponding compensation. If there is any change in the subject certificates or business qualification documents provided to Party B, the Customer shall provide the most updated documents to Party B as soon as possible upon the change.
8.3 When using the Services, Party A shall back up data and bear the risk of data loss, omission, and damage caused by its own reasons, and Party B shall not be held liable accordingly.
8.4 Party A shall not license any third party other than itself to use the AccessOne under this agreement through transfer, lease, free use, or in any other way. Otherwise, Party B has the right to terminate this Agreement and pursue Party A for corresponding compensation.
8.5 Party A, when no longer needing the eSurfing Cloud AccessOne, shall adjust its configuration and stop using the Services. If Party A continues to use the Services and traffic is generated, it shall be deemed that Party A continues to subscribe to the Services and shall pay fees to Party B in accordance with this Agreement.
8.6 If Party A violates any of the warranties in 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:
8.6.1 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;
8.6.2 Where Party A uses the Services to upload, download, store and publish content that violates relevant national and regional 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;
8.6.3 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;
8.6.4 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;
8.6.5 Where Party A runs irrelevant programs or intentionally writes malicious codes, consuming a large amount of server memory, CPU or network bandwidth resources; and
8.6.6 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.
8.7 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.
8.8 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.
8.9 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; or
9.3.6 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
10.4 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.
Appendix 1
eSurfing Cloud AccessOne Service Level Agreement
China Telecom (hereinafter referred to as "Party B") provides the AccessOne services (hereinafter referred to as the "Services") to the user (also referred to as the "Customer" or "Party A", together with Party B or China Telecom referred to the "Parties") in accordance with the provisions of this Service Level Agreement (also known as "SLA").
Article 1 Definitions
1.1 A Service Cycle is defined as a calendar month. Any duration less than a calendar month shall constitute a complete service cycle.
1.2 Total Time of Service Cycle (minutes) = Total number of days in a Service Cycle x 24 hours x 60 minutes.
1.3 5XX: An HTTP status code, indicating that the request failed for some reason.
1.4 Failed request: A request for which a 5XX status code is returned by the domain name or a user request that failed to reach the AccessOne server due to AccessOne failures. The number of failed requests due to AccessOne failures is calculated based on the statistics during the 7-day period prior to the failures.
1.5 Total requests: All requests received by the AccessOne server under the user's eSurfing Cloud account are regarded as valid requests.
1.6 Error rate per five minutes = Number of failed requests in five minutes/Total number of requests in five minutes x 100%.
1.7 Unavailability is the period when AccessOne has an error rate per five minutes > 0.05% for 10 or more consecutive minutes.
1.8 Unavailability (minutes) is the total time when the Services were inaccessible in the service cycle.
1.9 Service availability is calculated by reference to the following formula. The calculation applies to all the domains under a customer's account (excluding domains that have less than 1 million (1,000,000) requests within a billing month). Service availability = (Total minutes of a service cycle - Unavailable minutes of service)/Total minutes of a service cycle x 100%.
Article 2 Service Commitment
2.1 Party B shall use commercially reasonable endeavors to provide a service availability of no less than 99.90% (the "Service Commitment"). If Party B fails to meet the Service Commitment, Party A shall be entitled to claim a service credit in accordance with Article 3 herein.
2.2 Party B shall not be liable or compensate for any service unavailability caused by the following reasons, which shall not be counted as the unavailability time:
2.2.1 Scheduled system maintenance, including cutover, repair, upgrade, or simulated failure exercises, for which Party B has provided prior notice to Party A;
2.2.2 Network failures, device faults, or configuration adjustment of non-eSurfing Cloud devices;
2.2.3 Unavailability caused by Party A, including but not limited to:
(1) Party A's application programs or data attacked by hackers;
(2) Loss or disclosure of data, including passphrases and passwords, due to improper maintenance or confidentiality by Party A;
(3) Party A's self-upgrading of the operating system;
(4) Party A's application or installation activities;
(5) Negligence on the part of Party A or any operation authorized by the Customer;
(6) Party A's failure to follow the documents or use suggestions of eSurfing Cloud;
(7) Party A's server failures;
(8) Party A's request to debug the AccessOne node;
(9) Where Party B performs debugging according to the improper information provided by Party A;
2.2.4 Force majeure; or
2.2.5 Unavailability caused by other non-Party B's reasons, including but not limited to unavailability caused by third-party edge security acceleration platforms or origin station problems.
Article 3 Service Compensation
3.1 If Party B fails to meet the service availability commitment in Article 2 in a service cycle, Party B undertakes to provide Party A with a service credit. The maximum credit for Party A per month is the total number of minutes in a service cycle. The service credit to be provided is shown as follows:
Service Availability: < 99.9%
Service Credit: 2 x unavailable service duration (minutes)
3.2 Time Limit for Claims
Party A can apply for compensation for the service that did not meet the availability commitment requirements for a given month after the fifth (5) business day of the following month. The application must be filed within two (2) months after the end of the Service Cycle in which the incident that's the subject of the claim occurred. If Party A fails to claim compensation within the aforesaid time limit, or claims for compensation beyond the time limit, Party A shall be deemed to have waived the compensation. Such claims will not be accepted.