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Elastic Cloud Host Service Agreement
2021-06-21 11:52:55

The "China Telecom International e Cloud Elastic Cloud Host Service Agreement" is jointly signed by the user ("Party A") and China Telecom Global Limited ("Party B"). Party B provides Party A with e Cloud elastic cloud host service through China Telecom e Cloud International official website platform (website: www.ctclouds.com) in accordance with the provisions of this agreement. Party A shall use this service in accordance with this agreement.

Party A shall carefully read all contents of this agreement before using e Cloud elastic cloud host service. If Party A accepts this agreement by clicking to agree or expressly or impliedly in any other way, or actually uses elastic cloud host services in any way, it shall be deemed that Party A agrees and accepts all contents of this agreement, and this Agreement shall constitute a binding legal document between Party A and Party B. If Party A does not agree to accept this agreement, please do not use e Cloud elastic cloud host service. 

1 Definition

1.1 "Elastic Cloud Hosting Service" (hereinafter also referred to as "the Service") refers to a cloud computing service provided by Party B. An elastic cloud host is composed of CPU, memory, mirroring, and block storage. It is a virtual computing server that can be obtained at any time and is elastically scalable.

 1.2 "Service availability rate" refers to the annual average service availability rate calculated according to the following calculation formula, service availability rate = (total time-actual unavailable time) / total time × 100%. The actual service unavailability time is the time from the unavailability of the elastic cloud host to the service recovery, and the unit of measurement is minutes.

  1.3 "Management console" refers to the service system platform provided by Party B through the multi-cloud platform for Party A to manage and maintain the products ordered by its account. "Management console" refers to https://www.ctclouds.com/console-service/.

 1.4 "Failure Acceptance" means that when Party A encounters a situation that affects the use of the business during the use of Party B's elastic cloud hosting service, Party A makes a report or complaint through the customer service hotline and online work order provided by Party B and gets Party B's response.

1.5 "Non-fault acceptance" refers to Party Bs use of Party Bs elastic cloud hosting service and encounters a problem that does not affect business use, through the customer service hotline and online work order provided by Party B to inquire, report or complain to Party B and get Party Bs advice reply.

 1.6 "Response time" refers to the time from Party B receiving Party A's consultation, application or complaint to Party B's reply.

 1.7 "Availability of Elastic Cloud Host" refers to the normal operation of the elastic cloud host system assigned by Party B to Party A.

 1.8 "This website" or "e Cloud platform" refers to the official website platform of China Telecom e Cloud (website: www.ctclouds.com).

1.9 "This Agreement" includes the text and annex of the China Telecom e Cloud Elastic Cloud Host Service Agreement and all rules, notices, announcements, etc. concerning the service that Party B has issued or may issue in the future (collectively referred to as "service rules"). All service rules are integral parts of this Agreement and have the same legal effect as the text of the agreement. 

 1.10 "User agreement" refers to the "China Telecom e Cloud user agreement" signed by Party A and Party B when registering the account of this website.

2.Service Content

 2.1 Party B provides Party A with e Cloud Elastic Cloud Host service in accordance with this agreement. The specific content of this service is subject to the services actually provided by Party B after Party A’s application on this website. Party B has the right to continuously update the service content.

  2.2 Service Premise:   In order to use the service, Party A shall first meet all the following conditions:

  (1) Agree and accept the user agreement, successfully register as a user of this website, and continuously have a legal and valid user account of this website when signing and performing this Agreement;

(2) Agree and accept this agreement;

(3) Apply for the use of this service according to the service rules of this website;

(4) At the time of signing and during the execution of this agreement, all qualifications or government approval procedures required for legal business operations have been obtained and continue to be in accordance with the relevant regulations of each country/region, and the corresponding qualification documents have been submitted in accordance with the agreement and approved by Party B

The relevant permits or approvals Party A shall obtain and continue to possess, including but not limited to the following

If Party A establishes a website, it must ensure that all websites it establishes are  approved by the relevant country/regional authorities;

Those who provide non-commercial Internet information services must file for non-commercial websites and ensure that all the filed information submitted is true and effective. When the filed information changes, the updated information should be submitted in the filing system in a timely manner;

If Party As website provides operational Internet information services, it shall also obtain an operational website license from the local communications management department on its own;

Those who provide electronic bulletin services such as BBS also need to file or obtain corresponding approvals in accordance with the requirements of relevant laws and regulations;

 

Those who operate Internet game sites shall obtain an Internet culture business license in accordance with the law;

 

Those who operate Internet video sites shall obtain a license for information network dissemination of audiovisual programs in accordance with the law;

Internet information services such as news, publishing, education, medical care, medicines and medical devices must be reviewed and approved by relevant competent authorities in accordance with laws, administrative regulations, and relevant national/regional regulations. Before applying for a business license or performing the filing procedures, it shall be reviewed and approved by the relevant competent authority in accordance with the law.

The above list does not exhaust all the types of licenses or approvals required by Party A to conduct business or non-business activities. Party A shall obtain relevant licenses or approvals, and shall comply with relevant laws and regulations promulgated by the country/region from time to time.

(5) Other business use preconditions specified in this agreement.

3、 Service Fee

3.1 After carefully reading the service rules corresponding to the purchased service, Party A can purchase the required service online through this website according to its own needs, or the account manager can assist in opening it at the reception desk. After the service is activated, Party A can log in to this website and complete the relevant configuration and operation of the e Cloud Elastic Cloud Hosting service in the management console.

 3.2 When there are inconsistencies in the text of this agreement, attachments, service rules, service descriptions, price descriptions, order page confirmation terms on the relevant pages of the website, etc., it shall be applied in the order of (1) service description, price description, and other order page confirmation terms on relevant pages of the website, (2) service rules, (3) body of this agreement, and (4) attachments of this agreement.

4. Service Opening

4.1 When using this service, Party A shall pay the service fee to Party B in accordance with the instructions on the order page and the agreement in the text of this agreement.

 4.2 If Party A pays service fees through this website, the specific service types and corresponding service fees under this service are subject to the information listed in the service rules of this website and the service order page. Party A can choose the specific service type by itself, and shall pay the corresponding service fee in accordance with the current effective price system on this website.

4.3 Settlement methods include prepayment and postpayment.

 

      4.3.1 Prepaid

 

   4.3.1.1 "Prepaid" means that Party B starts to provide services to Party A after Party A pays. Party A can use the account balance or vouchers (the issuance and use of vouchers are subject to the rules of vouchers formulated by Party B separately) to pay to Party B.

     4.3.1.2 If the two parties are willing to continue to cooperate after the service period expires, Party A shall pay the renewal payment before the expiration of the service period, or enable the automatic renewal function when the balance in the account is guaranteed (see Renewal Management and "e Cloud Automatic Renewal Service Agreement" for details) under the condition that the balance in the account is sufficient, so that the service can continue. If Party B adjusts the product system, name or price when placing an order with manual renewal or automatic renewal function, both parties agree to perform in accordance with the new product system, name or price in effect at that time.

 4.3.1.3 If Party A purchases this service and requires Party B to issue an invoice, it shall apply for the issuance of the invoice on the product order interface of this website when ordering this service, and fill in the payment unit, payment, invoice type and mailing address according to the format and requirements; Party B issues and mails an invoice of the corresponding amount for Party A in accordance with the law; Party A uses the voucher to pay for the corresponding amount, and Party B does not provide an invoice; Party B will issue an invoice to Party A at the request of Party A on the 8th day after the order is successfully paid.

      4.3.2 Postpaid

 

   4.3.2.1 The "post-paid" nail party pays the fee based on the actual usage after using the service. The specific payment rules shall be subject to the effective post-paid service billing model and standards published on this website when Party A pays, or the service agreement signed by both parties separately.

 4.3.2.2 If both parties are willing to continue cooperating after the expiration of the service period, Party A shall submit an application for renewal at least 1 month before the expiration of the service period, or apply to the account manager to enable the automatic renewal function at least 11 days before the expiration of the service period (see the renewal management and "e Cloud Automatic Renewal Service Agreement" for details) so that the service can continue. If Party B adjusts the product system, name or price when placing an order with manual renewal or automatic renewal function, both parties agree to perform in accordance with the new product system, name or price in effect at that time.

  4.4 Party A shall pay the fees in full and in time in accordance with this agreement and the applicable service rules of Party A after subscribing to the service and generating the order. Party B reserves the right not to provide service and/or technical support or terminate the service and/or technical support before Party A has not paid all the fees as agreed. At the same time, Party B reserves the right to pursue legal responsibilities for payment arrears in post-paid services.

 

4.5 Party A understands and agrees that all gifted service items, marketing activities and other preferential measures are one-time and restricted discounts of Party B in addition to the standard service price. The discount content does not include the modification, update and maintenance fees of the gift service items, and the gift service items cannot be discounted to offset the service price.

  4.6 If Party A has objections to the payment of fees, it shall submit an application for verification to Party B in writing. If both parties confirm that there is an error in the verification, Party B shall adjust the corresponding expenses. 

 

5. Party A's rights and obligations

 

    5.1 Party A has the right to use the elastic cloud host service and obtain technical support and after-sales service from Party B in accordance with the provisions of this agreement.

 

   5.2 Party A shall provide Party B with the necessary technical parameters, including but not limited to the IP address segment and corresponding application types, server-related parameters, networking structure and network resources, etc., and actively cooperate with Party B to complete the implementation and commissioning of the elastic cloud host service project to ensure the normal operation of this service.

 

    5.3 Party A understands and agrees that for Party A’s data and system security considerations, when Party A requires Party B’s engineers to directly operate its elastic cloud host service, Party A shall authorize it by email, work order, telephone, etc. Party A shall designate the only contact person as the authorized person (maintainer) and authorize Party B when necessary, that is, only the authorized person has the right to request Party B's engineers to operate its elastic cloud host service. And Party B is only responsible for the operation and maintenance of the underlying parts below the operating system, and the operating system and the upper parts (such as the applications installed by Party A on the system) are solely responsible by Party A. In addition, during the authorization period, Party A did not communicate with Party Bs engineers and operated on its own, resulting in unavailability of the business and other risks, which shall be borne by Party A.

   5.4 When Party A uses this service, it shall back up data and bear the risks of data loss, omission, or damage caused by its own reasons, and Party B shall not be liable for this.

 

    5.5 If Party A violates any of the guarantees in this Agreement and the "User Agreement", including but not limited to the following circumstances, Party A shall bear the corresponding liability for breach of contract.

 

    5.5.1 When this agreement is signed, if it does not possess all the qualifications and permits required to conduct business, perform relevant procedures, or lose all or part of the qualifications and permits within the validity period of this agreement, Party B has the right to suspend the provision of cloud business services and require Party A to make corrections within a 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.

     5.5.2 Use e Cloud host to upload, download, store, and publish content that violates laws and regulations, departmental rules, or national/regional policies, as well as information that infringes on the legitimate rights and interests of others, and/or other information or content that is detrimental to social order, social security, and public morality.

 

    5.5.3 Carrying out fraudulent and misleading acts such as gambling prizes and gambling games, or carrying out "private server", "external linking" and other Internet activities that infringe on the intellectual property rights or other legal rights of others;

 

      5.5.4 Conduct malicious scanning, illegal intrusion into the system, illegal acquisition of data and other acts that damage or attempt to undermine network security;

 

    5.5.5 The behavior of running irrelevant programs or deliberately writing malicious code that causes a large amount of server memory, CPU or network bandwidth resources;

 

     5.5.6 Engage in any activities including but not limited to "DNS resolution", "security services", "domain name proxy", "reverse proxy", etc. that may cause users themselves to be frequently attacked (including but not limited to DDoS attacks), thereby affecting the e Cloud service platform or others.

 

 5.6 Party A understands and fully acknowledges that although Party B has established (and will continuously improve according to the development of Technology) necessary technical measures to prevent matters or behaviors endangering network security, including computer viruses, network intrusion and attack damage (including but not limited to DDoS) (hereinafter referred to as these behaviors), in view of the limitations and relativity of network security technology and the unpredictability of such behaviors, therefore, if Party A's account encounters such behavior, which brings harm to Party B or Party B's network or server (including but not limited to local, foreign and international networks and servers), or affects Party B's smooth contact with the Internet or Party B's specific network, server and Party B's internal, Party B has the right to decide to suspend or terminate the service. If a major network accident is caused to Party B due 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 in accordance with the law.

   If Party B terminates providing services to Party A due to the above clauses, Party B will calculate the service fee based on the actual number of days used by Party A and return the remaining funds (if any) to Party A’s e Cloud account.

   5.7 Party A shall be responsible for the integrity and confidentiality of the data stored on the e Cloud platform and the passwords and passwords used to access and manage various products and services on the e Cloud platform. Party A shall take necessary and effective confidentiality and security protection measures, including but not limited to regulating data access and account usage authority management, setting high-strength 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, passwords, etc. due to improper maintenance or improper confidentiality by Party A.

   5.8 Party A must keep its website access log records in accordance with the "Network Security Law", "Internet Information Service Management Measures" and other laws and regulations, including the content of the information released and the release time, Internet address (IP), domain name, etc. Party A shall provide assistance when inquiring by relevant state agencies according to law. Party A shall bear the corresponding legal liabilities arising from failure to keep relevant records in accordance with the regulations.

 

6. Party B's rights and obligations

 

    6.1 Party B provides services in accordance with this agreement.

    6.2 Party B provides 7-day×24-hour after-sales hotline (852-3100 0000) consulting services and online work order services for paying customers to answer and handle problems encountered by customers in the process of using e Cloud services.

 

    6.3 After Party B provides Party A with fault acceptance services, the response time shall not exceed 30 minutes; after providing non-fault acceptance services, the response time shall not exceed 12 hours.

    6.4 After Party B provides Party A with fault acceptance or non-fault acceptance services, it shall provide Party A with technical support according to the specific situation and Party A’s needs. However, related failures or problems are caused by Party As man-made reasons and/or force majeure, and other matters not within the control of Party B.

 

    6.5 Party B will take basic safety protection measures for its systems and equipment in accordance with the requirements of laws and regulations. If Party A's requirements for safety protection measures are higher than the aforementioned basic safety protection measures standards, it shall purchase and configure higher safety protection services or separately configure other safety protection software, systems, etc. according to its own needs. If Party A fails to take necessary and effective safety protection measures for the computer information system and equipment used by itself, which causes damage to its rights and interests, Party A shall bear the responsibility on its own.

   6.6 Party B shall provide usability guarantee within the stipulations of the service rules. If Party A’s requirements for availability are higher than service rules, Party A is required to actively deploy its own system for high availability, and Party B can provide necessary assistance. If Party B is required to cooperate in the planning and design of the plan, the two parties shall negotiate and confirm separately.

 

    6.7 In order to provide more complete services, Party B has the right to overhaul, maintain, upgrade and optimize the service platform or related equipment, systems, software, etc. (collectively referred to as "routine maintenance") on a regular or irregular basis. If e Cloud services are interrupted or suspended within a reasonable time due to routine maintenance, Party B shall not be liable for this. However, Party B shall notify Party A of routine maintenance at least 24 hours in advance. If non-routine maintenance is caused by force majeure or third-party reasons, Party B shall notify Party A in time.

    6.8 Party B has the right to adjust the system default configuration of the service at any time according to its own operating arrangements, and relevant adjustments do not constitute Party B's breach of contract. However, Party B shall notify Party A at least 30 days in advance, and Party A shall provide assistance (including but not limited to Party As timely completion of the transfer and backup of relevant data, business adjustments, and authorization of Party Bs adjustments, etc.). If Party A fails to assist in the adjustment in time after receiving the notice, or Party B cannot get in touch with Party A, Party A shall bear the consequences arising therefrom. Party B shall notify Party A in time if the service is adjusted or terminated due to force majeure or third-party reasons.

   6.9 Party B has the right to adjust the implementation method, main functions, price, etc. of the product according to objective factors such as the technological evolution of cloud services, technical structure adjustment, and marketing. When Party B adjusts prices or important product features, it must post a notice on the e Cloud official website at least 15 days in advance, and Party A has the right to decide whether to continue using the product. Under the prepaid/postpaid method, the product price charged on demand will automatically change according to Party Bs price adjustment. For annual/monthly subscription products, the price remains unchanged before the order is changed/expired. After the order is changed/expired, the price will be adjusted and changed according to Party B's price. When Party As use is affected due to Party Bs price adjustment or major function adjustments, Party A can deactivate the on-demand billing product at any time. For annual/monthly billing products, Party A can apply for unsubscription in accordance with Party B's unsubscription rules. For specific unsubscription rules, please consult the e Cloud customer service hotline.

 

7. User business data

 

    7.1 The services provided by Party A through e Cloud, the data processed, stored, uploaded, downloaded, distributed and processed by other means, are all user business data of Party A.

    7.2 Party B will not perform any unauthorized use and disclosure except for the implementation of Party A's service requirements, except in the following circumstances.

 

      7.2.1 Party B has the obligation to provide cooperation in accordance with relevant laws and regulations or the requirements of competent authorities when inquiring about or accessing user business data by relevant national/regional agencies, and to disclose to third parties or administrative, judicial and other agencies;

 

    7.2.2 Party A and Party B negotiate separately.

 

    7.3 Party A can delete or modify its user business data by itself, but it should exercise caution. If Party A releases the service or deletes data, Party B will no longer retain the data in accordance with Party A’s instructions.

 

    7.4 When the service period expires, the service is terminated early (including the early termination of the agreement between the two parties, the early termination caused by other reasons, etc.), or Party A incurs arrears, unless expressly provided by laws and regulations, required by the competent authority or otherwise agreed by both parties, e Cloud will only continue to store Party As user business data (if any) within a certain buffer period. The buffer period is subject to the service rules and regulations applicable to the services ordered by Party A. Product documentation and service descriptions shall prevail. Party B will delete all user business data, including all cached or backup copies, when the buffer period expires.

    7.5 Once user business data is deleted, it cannot be restored; Party A shall bear the consequences and responsibilities caused by the data being deleted. Party A understands and agrees that Party B has no obligation to keep, export or return user business data.

8 Term and Termination of the Agreement

 

    8.1 This Agreement shall come into effect from the date of the successful purchase or application of the products, and terminate upon the expiration of the service period ordered by Party A, unless otherwise agreed by both parties.

 

    8.2 This Agreement may be terminated in advance if both parties agree upon it.

 

 

   8.3 Party B shall have the right to terminate this agreement in the following circumstances:

8.3.1 According to laws and regulations or the requirements of government authorities.

    8.3.2 Party B believes that continuing to provide services to Party A will cause huge economic or technical burden or major safety risk to Party B.

8.3.3 It is not practical for Party B to continue to provide services to Party A due to any change of laws or policies.

8.3.4 Party A fails to pay the relevant expenses in full and on time.

8.3.5 Party A violates the letter of responsibility for Internet cloud service users entering the network, letter of commitment for network information security and legal statement of this website.

    8.3.6 Party A no longer meets any of the service prerequisites stipulated in article 2.2 of this Agreement.

8.3.7 Party A violates other terms of this agreement.

 

    8.4 Except as stipulated in article 8.5, if Party B terminates this agreement according to the agreement, Party B will calculate the service fee according to the actual use days of Party A, return the remaining amount (if any), and reserve the right to investigate Party A's liability for breach of contract according to law.

 

    8.5 Party B can terminate this service by posting an announcement on this website 30 days in advance, sending an in-site notice or written notice to Party A. At that time, Party B shall return the payment (non-interest-bearing) that Party A has paid but not consumed to Party A's e Cloud account.

 

    8.6 If any provision of this agreement is invalid or unenforceable for any reason, the rest of this Agreement shall remain valid and binding.

 

 

9 Others

 

   9.1 Termination of this Agreement shall not affect the effectiveness of the user agreement between Party A and Party B. If the user agreement between Party A and Party B is terminated, this agreement will be terminated automatically.

 9.2 If this agreement is not agreed, both parties shall abide by the agreement of the user agreement at the same time; In case of any conflict between this Agreement and the agreement of the user on the same matter, this Agreement shall prevail.

 9.3 The text of this agreement has the same legal effect as the annex. If there is any conflict between the text and the annex, the text of agreement shall prevail.

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