This Elastic Container Instance (ECI) Service Agreement (hereinafter referred to as the "Agreement") is entered into between the user (hereinafter referred to as "Party A") and China Telecom (hereinafter referred to as "Party B"). Party B shall provide the Elastic Container Instance (ECI) services (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 contents 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 contents of this Agreement, it shall not use the Services.

1           Product and Service Description

1.1          Party B shall provide Party A with the Services in accordance with this Agreement. Elastic Container Instance (“ECI”) is an agile and secure serverless container operation service developed by Party B, featuring fast startup, security and reliability, low cost and is completely free of operation and maintenance.

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:

2.2.1     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.

2.2.2     Agree to and accept the terms of this Agreement.

2.2.3     Agree to and accept the eSurfing Cloud Service Agreement and the eSurfing Cloud Privacy Policy Statement.

2.2.4     Subscribe to and use the Services in accordance with the Service Rules of the Site.

2.2.5     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.

2.2.6     Party A shall obtain and maintain the relevant licences or approvals, including but not limited to the following:

2.2.6.1    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;

2.2.6.2    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;

2.2.6.3    If the website provides commercial Internet information services, Party A shall also obtain a commercial website licence from the local communications administrative department;

2.2.6.4    If Party A provides electronic bulletin services such as BBS, it shall conduct filing or obtain corresponding approval according to relevant laws and regulations;

2.2.6.5    If Party A operates an Internet game website, it shall obtain an Internet culture business permit in accordance with laws;

2.2.6.6    If Party A operates an Internet video website, it shall obtain a licence for the publication of audio-visual programs through an information network in accordance with laws;

2.2.6.7    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;

2.2.6.8    The above list does not exhaust all types of licences or approvals required for commercial or non-commercial activities that Party A engages in. Party A shall obtain relevant licences or approvals and shall comply with relevant laws and regulations promulgated by relevant countries and regions from time to time.

2.2.7     Other preconditions for using the Services as stipulated in this Agreement.

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 arranged by Party B 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.

4           Service Fees

4.1          The pay-as-you-go billing mode is available for the Services. Party A 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

4.2.1     For products with pay-as-you-go billing services, Party A shall timely recharge and pay the service fees to ensure the continued  use of the Services. If Party A's account is in arrears, Party B will suspend Party A's operation permission and freeze resources. Party B will retain the ECI resources and continue to store Party A's data for another fifteen (15) days (i.e., starting from the time the permission to perform operations is suspended on the day of such suspension and ending on the same time on the fifteenth day thereafter). If Party A fails to top up its account and pay the full fees within the said period of fifteen (15) days, Party B has the right to immediately release Party A's instance resources and delete the instance data when the aforementioned period expires.

4.2.2     For the avoidance of doubt, the "Instance Resources" mentioned here refer to a series of aggregate  data including underlying resources, source database information or target database information and Party A's data. "Instance data" refers to including but not limited to the deployed machines, specifications and validity periods.

5           Service Specifications

5.1          Party A understands and agrees that the use of the Services is the result of Party A's independent and prudent judgment, and that Party A shall be responsible for the results of its own judgment or actions.

5.2          When using the Services, Party A shall change the initial administrator password of the "Elastic Container Instance" on its own, properly keep all its account passwords, back up data, and bear the risk of data loss, omission and damage caused by its own reasons, for which Party B shall not be liable.

5.3          Party A understands and acknowledges that Party B has the right to provide security services based on the business requirements, and such adjustment shall not constitute a breach of this Agreement by Party B. Party B undertakes to inform Party A by notice, email, or on-site message at least 24 hours in advance. Upon receipt of such notice, Party A shall cooperate with Party B to complete the security service upgrade, including but not limited to transferring and backing up relevant data, making business adjustments, and authorizing the adjustments as required by Party B. In case of any loss or damage of information or data caused by Party A's failure to upgrade, Party A shall bear the consequences arising therefrom.

5.4          Party A understands and acknowledges Party B will use its reasonable endeavours to ensure that there will be no network and business interruption in the upgrade operation of the product. However, it does not rule out the situation that business interruption may occur due to the high complexity of the upgrade, Party A’s failure to properly configure  high availability, etc., for which Party B will not be responsible. Party B will provide Party A with notices, including announcements and on-site messages, before upgrading with business interruption risks.

5.5          Party A shall provide Party B with necessary technical parameters, including but not limited to IP address segments and corresponding application types, server-related parameters, networking structure and network resources, and alike, and actively cooperate with Party B to complete the implementation and commissioning of the "Elastic Container Instance" project to ensure the normal operation of the Services.

5.6          Party A shall comply with all network security-related regulations in accordance with the eSurfing Cloud Service Agreement and the eSurfing Cloud Website User Agreement signed by it. If Party A breaches any of the warranties in this Agreement and the eSurfing Cloud Service Agreement, and 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.

5.7          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 attacks (including but not limited to DDoS) and matters or actions that endanger network security (hereinafter collectively referred to as such Behavior), however, in view of the limitations, relativity of network security technology and the unpredictability of such Behavior, if Party A's account experiences such Behavior, it will cause harm to Party B or Party B's network or server (including but not limited to local, foreign and international networks, and servers, etc.)  or affect Party B’s smooth communication with the  Internet or internal connections with 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 incident 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).

5.8          Party A shall be responsible for the effective management of the accounts accessing the Elastic Container Instance to avoid weak passwords and prevent the accounts from being hacked. Party B is not responsible for various operational failures, network intrusions and other problems arising from improper account management by Party A.

5.9          Party A shall be responsible for the rationality of the configuration of the Elastic Container Instance products, and Party B is not responsible for invalidation or failure of function of the products caused by improper configuration or non-configuration. Party B will use its reasonable endeavours  to help Party A understand the necessity and operation process of product configuration.

5.10      Party A should understand that security vulnerabilities may exist in any software product and Party B will use its reasonable endeavours to minimize the occurrence of vulnerabilities, but it is unavoidable. Party B will quickly release patches after major vulnerabilities occur and notify users to upgrade vulnerabilities in a timely manner through vulnerability announcements, on-site messages, and other means.

5.11      Party A understands and acknowledges that Party B will use its reasonable endeavours  to improve the Elastic Container Instance product and its service level. However, due to the relativity and complexity of security, the Elastic Container Instance product cannot guarantee that Party A's protected system is 100% safe from intrusion. Party A agrees to work with Party B to improve the capabilities of the Elastic Container Instance product to enhance its protection level.

5.12      Party A understands and accepts that the Elastic Container Instance product supports access to the Internet, which may lead to more attacks by intruders and hackers, and Party B cannot guarantee the rationality of such configurations and thus is not responsible for the security problems arising therefrom. Party B will provide SSL VPN, firewall, security group and other schemes to help Party A restrict such access portals exposed to the Internet, so as to reduce the occurrence of problems.

5.13      Party A understands and accepts that the Elastic Container Instance product is designed to  detect and protect network attacks to the maximum extent. However, the detection capability of the elastic container instance product  cannot guarantee 100% distinction between normal business and attack traffic, which may result in misjudgment of the business attack, causing business disruption.  In case of such problems, Party B will use its reasonable endeavours to cooperate with Party A to fix the problems, and Party A agrees to cooperate with Party B to promote the improvement of security rules of the Elastic Container Instance product.

5.14      The Services are effective immediately upon subscription and cannot be unsubscribed except for force majeure factors.

6           User Service Warranty

6.1          Party B provides Party A with customer service via the service hotline at +852 3100 0000.

6.2          Party B provides 7 days x 24 hours customer service to Party A.

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.

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 services. 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", "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;

8.3.7     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.

8.4          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 accessing 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.

8.5          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.

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     Where Party B detects, by itself or based on the information of relevant departments and complaints from rights holders, that the assets added or scanned by Party A are not legally authorized;

9.3.2     According to laws, regulations or the requirements of government agencies;

9.3.3     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;

9.3.4     Due to any changes in laws or policies, it is not practical for Party B to continue to provide services to Party A;

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

9.3.6     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;

9.3.7     Where Party A no longer meets any of the pre-conditions for the Services set out in Article 2.2 of this Agreement; or

9.3.8     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 a website 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.

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

Elastic Container Instance Service Level Agreement

Article 1 General Provisions

China Telecom (hereinafter referred to as "Party B", website: https://www.esurfingcloud.com) provides Elastic Container Instance (ECI) (hereinafter referred to as "Services") to the user (also referred to as "Party A") in accordance with the provisions of this 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

Party B undertakes that the service availability rate of an ECI is no less than 99.95% per service cycle.

Article 3 Service Description

Service cycle is based on calendar months. Any duration less than a calendar month shall not constitute a complete Service Cycle. Unless otherwise specified,  a Service Cycle is the total number of  days in a Service Cycle x 24 (hours) x 60 (minutes).

Instance service is unavailable: when an elastic container instance  with access permission rules set cannot communicate with any IP address in both directions(inbound/outbound) via ICP or UDP protocol, and this state lasts for more than five consecutive minutes, this period is regarded as the elastic container instance is unavailable during the period. Unavailable time of less than five minutes is not counted.

Service availability is calculated per instance as follows:

Service Availability = (Total Minutes in a Single Instance Service Cycle - the Single Instance Service Unavailable Minutes)/Total Minutes in a Single Instance 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 can apply for compensation in accordance with the provisions of this SLA. The compensation will be issued in the form of service compensation time, and this compensation is the sole and exclusive compensation provided by Party B to Party A if the Service does not meet the service availability commitment.

2. Time Limit for Claims

(1) If the Service Availability in a Service Month fails to meet the Service Availability Standard, Party A may submit a compensation application only through the ticket system under Party A's account after the fifth (5th) business day of the month immediately following the end of the corresponding  Service Month that does not meet the standard. Party B will conduct corresponding verification upon receipt of such compensation application. If there is any dispute between the parties 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)   The latest time for Party A to submit an application for compensation shall not exceed sixty (60) calendar days after the end of each month of the corresponding service that fails to meet the standard. If Party A does not submit an application for compensation within sixty (60) days after the end of the corresponding monthly service that fails to meet the standard, or does not file an application for compensation until sixty (60) days after the end of the corresponding monthly service that fails to meet the standard, or if Party A makes an application through a method other than that stipulated in this Agreement, it will be deemed that Party A has automatically given up its right to demand compensation and claim other rights against Party B. Party B has the right not to accept Party A’s application for compensation and not to make any compensation to Party A.

Article 5 Force Majeure and Exemption

The unavailability of Party A's Elastic Container Instance Services 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) Caused by network or equipment failure or configuration adjustment other than Party B’s equipment;

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

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

(5) caused by Party A’s negligence or operations authorized by Party A;

(6) caused by Party A’s improper maintenance or confidentiality resulting in the loss or leakage of data, passphrases and passwords, etc.;

(7) Unavailability caused by Party A's own 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 Party A's shutdown or restart of the vulnerability management through control methods such as the console, API and other control methods, etc.);

(11) Unavailability caused by other reasons not caused by Party B;

(12) Service unavailability resulting from force majeure events or unforeseen accidents. Force majeure and unexpected events refer to objective events that  are  insurmountable and unavoidable and have a significant impact on one party or both parties, including but not limited to natural disasters such as floods, earthquakes,  epidemics, etc.) and social events such as wars, strikes, unrest, government actions, interruption of telecom backbone lines, hackers, network congestion, technical adjustments in the telecommunications sector and government regulations, etc..

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 shall 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 use their reasonable endeavours to resume its/their performance hereof.