Effective date：2024-12-20
Special Reminder:
This eSurfing Cloud Cloud Migration Service (CMS) Beta Test Agreement is entered into between the user ("Party A" or the "Customer") and China Telecom ("Party B"). Party B shall provide the eSurfing Cloud CMS for trial by Party A through the eSurfing Cloud Website (www.esurfingcloud.com, the "Site" or "eSurfing Cloud") in accordance with this Agreement.
The Customer shall read these terms carefully before using the eSurfing Cloud Services. Please carefully read and fully understand the contents of each clause, especially the clauses of exemption or limitation of eSurfing Cloud's liabilities and limitation of the Customer's rights. These clauses will be marked in bold font or other eye-catching forms.
If the Customer has any questions about this Agreement, it shall make queries via the means set out in this Agreement and Party B will explain to and clarify with the Customer. If Customer does not agree with any of the content of this Agreement or is unable to accurately understand Party B's explanations, it shall not use eSurfing Cloud services.
By clicking the 'Confirm' button or using the eSurfing Cloud Services on trial or in any other way, the Customer is deemed to have read and fully understood all the content of this Agreement and to agree to accept and be bound by the content of this Agreement. If the Customer does not agree with or accept this Agreement, it shall not subscribe to or use the eSurfing Cloud Services.
1. The eSurfing Cloud Services are governed by this Agreement, along with the eSurfing Cloud Website User Agreement, the eSurfing Cloud Privacy Policy Statement and the eSurfing Cloud Service Agreement, which the Customer has accepted already. The Customer may accept the eSurfing Cloud Service Contracts and Rules by, but not limited to, clicking the 'Agree' button when registering or trying out services on the eSurfing Cloud Website (https://www.esurfingcloud.com/).
2. For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement. If there is any conflict on the same matter in this Agreement, the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement, this Agreement shall prevail.
3. This Agreement consists of the following documents:
(1) These Explanations;
(2) Special Terms of Service;
(3) Service rules related to specific products/services displayed on the eSurfing Cloud International Site (including but not limited to the help pages of the eSurfing Cloud International Site), including service descriptions, technical specifications, usage procedures, renewal rules, unsubscription rules, help pages, and other legal documents that clarify the rights and obligations of the Parties regarding the use and provision of the eSurfing Cloud Services.
The aforementioned documents supplement each other. Where there is a conflict between the aforementioned documents regarding the same matter, the documents will prevail in the ascending order mentioned above to the extent of the conflict; when there is a conflict between multiple documents within the same order, the document formed later shall prevail. In the event of inconsistency in the interpretation of a matter between any document and the Special Terms of Service of different products or services, the interpretation as provided in the Special Terms of Service of each product or service shall prevail.
The provisions concerning the protection of personal information and privacy shall apply to: a) Party B shall process the personal information provided to Party B by the Customer in connection with the creation and management of customer/user accounts in the manner set out in the eSurfing Cloud Privacy Policy Statement; b) Party B shall process the data directly controlled or hosted by the customer and/or user in the products/services provided by Party B associated with the customer/user account in accordance with the terms and conditions concerning the data security and privacy protection in the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement. To avoid ambiguity, the personal information referred to in subparagraph a) of this Article is not included.
4. Upon the execution of this Agreement, if the Customer requires a written confirmation from Party B for the services under this Agreement, such confirmation document provided by Party B to the Customer is only issued at the request of the Customer and is not a confirmation of the conclusion of a contract and does not affect the validity of and does not constitute any amendment or supplement to the established order, this Agreement or the eSurfing Cloud Services Contracts and Rules.
Party B provides Party A with the eSurfing Cloud Cloud Migration Services (CMS) (hereinafter the "Services") through the public test in accordance with this Agreement. Cloud Migration Service (CMS), an integrated migration platform developed by eSurfing Cloud, aims to build the shortest path to the cloud, manages the migration process, and realizes one-stop visual migration throughout the lifecycle. CMS provides cost evaluation, resource discovery, resource mapping, multi-dimensional migration management and other functions for hosts, databases, and ZOS, simplifying the process of migration to the cloud.
This service is a beta testing version. CMS is open to the public and is available to Party A for free, but Party A shall pay for the products such as cloud servers, EIPs and public network bandwidth according to specific charging standards.
3.1 Party A acknowledges and understands that eSurfing Cloud cannot guarantee that the CMS is free from defects as it is a beta testing version, but eSurfing Cloud promises to continuously improve the quality and level of CMS. Party A acknowledges and agrees that if any defect in the CMS provided by eSurfing Cloud is unavoidable due to the technical level of the industry at the time of service provision, eSurfing Cloud will not be considered to be in breach of contract and Party A agrees to work with eSurfing Cloud to correct such defects.
3.2 Party A understands and acknowledges that although eSurfing Cloud has conducted specific tests on the CMS, eSurfing Cloud does not guarantee that the CMS is compatible with all software and hardware systems, or that the software and services can work precisely with no errors. In the event of incompatibilities and software errors, you should immediately disable or stop using relevant features.
3.3 Party A understands and fully recognizes that although Party B has established necessary technical measures to defend against matters or behaviours that endanger network security including computer viruses, network intrusions and attack damage (including but not limited to DDoS) (hereinafter collectively referred to as such Behaviour), however, in view of the limitations and relativity of network security technology and the unpredictability of such Behaviour, if Party A's account experiences such Behaviour, which does harm to Party B or Party B's network or server (including but not limited to local, foreign and international networks, servers), or affects the smooth communication between Party B and the Internet or between Party B and specific networks, servers, and Party B's internal communications, Party B has the right to decide to suspend or terminate the Services.
3.4 The Customer understands and agrees that the use of the Services is its sole decision made after it has exercised independent and careful judgement, and that the Customer shall be responsible for its own judgement and operations, including but not limited to:
3.4.1 The Customer shall be responsible for its own operations (such as application code writing, and business logic setup in a mirror); and
3.4.2 CMS is a beta testing version. Party A shall be responsible for data backup to ensure data security, and shall be responsible for data loss caused by failure to back up data.
3.4.3 The business data of the application above the CMS is the responsibility of the Customer. The Customer shall carefully judge the legality of data sources and content, and bear the consequences and responsibilities caused by business data content that violates laws, regulations, departmental rules, or national policies.
3.4.4 Party B shall provide the Services in accordance with the provisions of this Agreement, and the Services only include cloud migration tools and relevant authorization. This product only provides trial authorization for beta testing. When the trial authorization expires, Party A shall uninstall and destroy the CMS by itself, and shall bear the consequences caused by using the cloud migration tool after expiration.
3.5 Product Effectiveness Dependence and Impact
3.5.1 When using the Services, the Customer should judge the adaptability of various resource services with the products of the same type selected by the Customer;
3.5.2 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 as set forth in the fee schedule for such other services and comply with the service terms thereof.
3.5.3 In general, during its use of the Services, if the Customer needs other eSurfing Cloud services (such as ECS/ZOS/database/mirrors/EVS/EIP/shared bandwidth), it shall activate, subscribe to, and pay separately for such infrastructure products (such as ECS/ZOS/database/mirrors/EVS/EIP/shared bandwidth), and Party B will provide services in accordance with the terms of service and service level agreements for such infrastructure products.
3.5.4 If the Customer performs operations through the Services with respect to specified services/products, such as cost assessment and migration management, the Customer shall ensure that it has the permissions to perform operation on such services/products. The performance of the said operations by the Services as instructed by the Customer shall be deemed to have been authorized by the Customer, and the Customer shall be solely responsible for all such operations and the consequences thereof;
3.5.5 The Services function on the basis of infrastructure services such as ECS/ZOS/database/mirrors/EVS/EIP/shared bandwidth Therefore, the unavailability or termination of such services based on which the Customer activates the Services will lead to a malfunction of the Services.
3.5.6 The heterogeneous migration feature of the CMS depends on third-party tools, and eSurfing Cloud is only responsible for the usability problems arising from using the CMS. Note: The evaluation results provided by the CMS are used for reference only. In the case that the Customer uses the recommended or non-recommended third-party heterogeneous migration tools with reference to the evaluation results, it is deemed that the Customer is aware of its operations and performs the operations after its own judgment, and eSurfing Cloud shall not be held responsible for the consequences of such operations.
3.5.7 Access Key ID/Secret Access Key is required for the service cost evaluation, resource discovery, resource creation and other service modules and shall be properly kept by the Customer, and all losses caused by the disclosure of the Access Key ID and the Secret Access Key shall be borne by the Customer.
3.6 Server Migration Service Details
3.6.1 This service is a beta testing version, and users need to back up their own data when installing the special mirrors for migration and using the server migration service. eSurfing Cloud shall not assume any responsibility for data loss or overwriting caused by the use of the migration tool.
3.6.2 When using the server migration service, Party A shall be responsible for the equipment provided by itself, such as the equipment hosting VPN.
3.6.3 When using the server migration service, Party A may configure security groups (including security group rules), VPNs, subnets, bandwidths, EIPs and other products, and shall be responsible for the above configurations and consequences. In case of any problem in the setup process, please consult the eSurfing Cloud Pre-sales Service Team in time to avoid the unavailability of services due to operational errors.
3.6.4 The server migration service is a beta testing version and is provided to Party A for free. However, if Party A uses other paid services of eSurfing Cloud (including but not limited to EIPs, bandwidth, VPNs, exclusive cloud service and ECS), Party A shall pay the related service fees according to relevant charging rules.
3.6.5 Party A understands and agrees that this service is a beta testing and eSurfing Cloud does not support and guarantee the server migration service included in this Service. The server migration service must be used together with the host service. If Party A's cloud server service is unavailable due to eSurfing Cloud, please refer to the cloud server service level agreement to determine the corresponding responsibility of each party. If the server migration service or related cloud server products are unavailable due to reasons other than eSurfing Cloud, eSurfing Cloud shall not assume any responsibility.
3.6 Use of the Mirror
3.6.1 The mirror is owned by Party B or its mirror service provider.
3.6.2 Pursuant to this Agreement, the mirror provided by Party B shall only be used by the Customer for creating an eSurfing Cloud Server, and the Customer has no right to sublicense or relicense the mirror. The Customer shall not, in its use of the mirror, engage in any of the following acts:
(1) to use the mirror for any purposes other than creating an eSurfing Cloud Server;
(2) to sell, resell, or duplicate the mirror without the permission of Party B; or
(3) to alter the content or make derivatives of the mirror without the permission of Party B.
3.6.3 The Customer understands and agrees that:
(1) Due to the limitation of the existing technology, the mirror provided by Party B may have defects, and Party B cannot guarantee that it will function well or achieve the results expected by the Customer under all circumstances;
(2) Before upgrading mirrors, the Customer should carefully determine the risks, and back up and save data in advance, and the downtime, data loss and other consequences caused by the Customer's upgrade operations shall be borne by itself.
3.6.4 To the maximum extent permitted by the laws governing this Agreement, Party B will not be liable for any direct, indirect, incidental, special, punitive, or other damages of any kind arising out of or in connection with the use of or inability to use the mirror (including but not limited to damages for personal injury or property damage; damages for loss of profits, loss of data, business interruption, computer failure or malfunction, or loss of business information; damages for breach of privacy as a result of a failure to exercise good faith, due care, or any other duties; damages incurred due to negligence; or damages for any pecuniary or other loss), even if Party B has been informed of the possibility of such damages.
3.7 Database Migration Service
3.7.1 eSurfing Cloud shall not be held responsible for failure to read data or logs by the database migration service from the source database due to the problems of Party A's source database, including but not limited to the downtime of the source database host, the locked source database due to insufficient space, and connection failures if the number of source database connections reaches the upper limit.
3.7.2 eSurfing Cloud assumes no responsibility if the database migration service cannot write data due to the faults of Party A's target database, including but not limited to the downtime of the target database host, the locked target database due to insufficient space, and connection failures if the number of target database connections reaches the upper limit.
3.7.3 eSurfing Cloud shall not assume any responsibility for the deadlock caused by simultaneous data writing in both the source database and the target database by Party A when using the database migration service.
3.7.4 eSurfing Cloud shall not be held responsible for any loss or disclosure of data, including passphrases and passwords, due to improper maintenance or confidentiality by Party A.
3.7.5 eSurfing Cloud shall not be held responsible for any authorization due to negligence, wrong operation (such as deleting databases), unavailability of services caused by Party A's own equipment or third-party software and equipment, or failure to meet the availability standards.
3.7.6 eSurfing Cloud shall not be responsible for the unavailability of services caused by Party A's operations on the source or target database, or the services failing to meet the availability standards, including but not limited to modifying the user name, password, or structural configuration of the source or target database during the migration.
3.7.7 Party A is responsible for the source and content of its user business data. eSurfing Cloud reminds Party A to carefully judge the legality of the source and content of the data. Party A shall bear all the consequences and responsibilities caused by the violation of applicable laws, regulations, departmental rules or national policies by Party A's user business data.
3.7.8 The specific functions and features provided by the database migration service vary for versions, and eSurfing Cloud does not guarantee to provide perfect compatibility or support for all types of databases and versions. eSurfing Cloud will endeavour to help solve the problems arising from unavailable services due to compatibility differences, non-standard or custom database data and structure, or non-compliant services, and eSurfing Cloud will not assume any responsibility.
3.7.9 Before using the database migration service, Party A shall back up the data of its original database and ensure that the target environment is secure and applicable, including but not limited to data loss, leakage, tampering and other problems caused by failure to back up, attacks by third parties or operators and other reasons, for which eSurfing Cloud will not assume any responsibility.
3.7.10 Party A understands and agrees that the database migration service involves complex technical operations, and eSurfing Cloud will not bear any responsibility for any direct, indirect, special or derivative problems, losses or responsibilities arising from the use of the database migration service, including but not limited to business interruption, abnormal business data and performance degradation.
3.7.11 Party A understands and agrees that the database migration service must be used together with the host service. If Party A's cloud server service is unavailable due to eSurfing Cloud, please refer to the cloud server service level agreement to determine the corresponding responsibility of each party. If the database migration service or related cloud server products are unavailable due to reasons other than eSurfing Cloud, eSurfing Cloud shall not assume any responsibility.
3.7.12 Party A understands and agrees that it shall verify and confirm whether the migrated data is accurate and intact by itself. The data audit results of the database migration service are used for reference only. eSurfing Cloud shall not be liable for any loss or damage caused by any errors or omissions in the data migration process.
4.1 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.
4.2 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.
4.3 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
4.4 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.