Elastic Cloud Server Service Statement
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Elastic Cloud Server Service Statement
This Service Agreement (hereinafter referred to as "this Agreement") describes your rights, obligations, and responsibilities of using Huawei Cloud services. Please read the terms carefully, especially those that have a significant impact on your rights and interests, such as exemption from liability and limitation of liability. Such terms are in bold in this Agreement.
You understand and agree that by using any service as stated under this Agreement, you are deemed to have read and agreed to the General Terms of Service in this Agreement and the Dedicated Terms of Service for the service you use. By using any service under this Agreement, this Agreement shall become legally binding on you. If you do not agree to part or all of the terms of this Agreement, you shall stop using related services.
1.General Terms of Service
1.1 Contracting Entity. This Agreement is entered into by and between you (or "user") and the Huawei Cloud contracting entity (hereinafter referred to as "Huawei Cloud" or "we"). The contracting entity displayed in your account center shall prevail. Once this Agreement takes effect, it will have legal effect between you and Huawei Cloud. You acknowledge that you are a natural person, legal person, or organization that has full capacity for civil conduct and may independently carry out civil juristic acts. If the foregoing is not true, please do not use any Huawei Cloud services. Otherwise, you shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to cancel (or permanently freeze) your account and claim compensation from you. In the event that you register on behalf of a company or other legal entity, you represent and warrant that you are an authorized representative of the company or legal entity to bind such company or legal entity to the terms of this Agreement.
1.2 Separate Agreement. If you subscribe to this Service offline, purchase this Service through our partners, or purchase partner products that integrate this Service, you may sign a separate agreement with us or our partners. You acknowledge and agree that you will remain bound by the separate agreement mentioned in this article if you are authorized to access and use this Service.
1.3 Agreement Update. This Agreement is subject to change at any time. We will notify you of any changes to this Agreement by posting a notice on our website or by other means. You can also visit our website to read the latest service agreement. If you do not agree any part of the latest version of this Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest version of this Agreement.
1.4 Service Maintenance We may maintain this Service at any time through upgrading applications, installing patches, fixing bugs, or others. We will use all reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You shall agree to use your best efforts to comply with any cooperation requirements you are notified of.
1.5 Your Content
1.5.1 The definition and related regulations of "Your Content" are subject to the HUAWEI CLOUD Customer Agreement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html).
1.5.2 In terms of your content, except as required by laws and regulations or for your use of this Service, Huawei Cloud is entrusted to process your data only in accordance with your authorization and instructions and the agreement between you and us.
1.5.3 You have the right to upload, delete, and modify your content. Exercise caution when deleting or modifying data and you shall solely bear the consequences of these operations.
1.5.4 You shall back up your data as required. Huawei Cloud provides data backup services only in accordance with relevant laws and regulations.
1.6 You shall be responsible for your end users. If your end users violate laws and regulations when using services related to this Agreement, or improperly use related services and cause damages to third parties or Huawei Cloud, you shall be liable for compensation.
1.7 Our Limited Warranty
1.7.1 The provision of a Huawei Cloud service is based on the availability status and product features of the cloud service at the time of provisioning, and does not constitute a commitment of Huawei Cloud to provide the cloud service for a long time after a certain lifecycle of the cloud service ends.
1.7.2 You understand and agree to our limited warranty in terms of the SLA in Clause 4.3 "Our Limited Warranty" of the HUAWEI CLOUD Customer Agreement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html).
1.8 Agreement by Both Parties
1.8.1 You understand and agree that your use of this Service must comply with applicable laws and regulations. We provide you with standard services only in accordance with your instructions and are not responsible for the legal compliance of your use of this Service. If we reasonably believe that you have violated any laws, regulations, or rights of third parties when you use this Service, or have violated the terms of related agreements (including Legal Statement, Privacy Statement, Acceptable Use Policy, Huawei Cloud Customer Agreement, and other agreements related to you on the Huawei Cloud official website) ("Prohibited Content"), we have the right to delete Prohibited Content, prohibit your use of related services and access to related content, or suspend services. In addition, you shall compensate for all losses caused to Huawei Cloud attributable to your default, breach, violation, act, or omission.
1.8.2 Huawei Cloud only provides O&M for Huawei Cloud services. You shall ensure the security and stability of your network and devices. If any device fault or network interruption occurs due to your own or third-party reasons, you shall resolve the issue in a timely manner to avoid impact on Huawei Cloud services.
1.8.3 When the lifecycle of a specific cloud service product reaches the end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will use our best commercial efforts to notify you. After reading and understanding the notification, you can agree to upgrade related services or migrate related services to updated software and hardware.
1.9 Disclaimer
1.9.1 You understand and agree that we are not liable for unavailability of this Service in the following situations:
（1）Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided does not meet service requirements
（2）Service unavailability due to force majeure
（3）Service unavailability due to your reasons or other non-Huawei Cloud reasons
（4）Service unavailability during regular service maintenance
1.9.2 You understand and agree that before the lifecycle of a specific cloud service reaches the end of all service activities, we will use our best commercial efforts to notify you. You need to migrate or upgrade related workloads within a certain time window based on the notification of Huawei Cloud. If you do not choose to upgrade this Service to a new version that has become available, you agree that Huawei Cloud has the right to automatically upgrade it when the right opportunity arises. We shall not be held liable for any potential service outage arising from the upgrade.
2. Elastic Cloud Server Service Terms
2.1 Service Content
An Elastic Cloud Server (ECS) is a basic computing component that consists of vCPUs, memory, OS, and Elastic Volume Service (EVS) disks. After an ECS is created, you can use it on the cloud just like a local computer or physical server.
2.2 Collection and Processing of Your Personal Data
For the entire service process, you understand and agree that Huawei Cloud is entitled to collect, use, and process your personal data in accordance with the Privacy Statement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_prp.html).
2.3 Processing Your Content Data
You understand and agree that both parties will process personal data contained in your content in accordance with the Data Processing Addendum (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_dpa.html). Huawei Cloud is committed to processing personal data that may be contained in your content in accordance with the Data Processing Addendum.
2.4 Restrictions
When using ECSs, comply with the following restrictions:
Do not use ECSs as unauthorized servers for any illegal or violation activities, such as gambling or cross-border VPN.
Do not use ECSs for fraudulent transactions, such as click farming on e-commerce websites.
Do not use ECSs to initiate network attacks, such as DDoS attacks, CC attacks, web attacks, brute force cracking, or to spread viruses and Trojan horses.
Do not use ECSs for traffic transit.
Do not use ECSs for web crawling.
Do not use ECSs to detect other systems like scanning or penetration unless otherwise being authorized.
Do not deploy any illegal websites or applications on ECSs.
Do not use ECSs to send spams or engage in activities that violate personal privacy.
In the event of any of the above, we have the right to unilaterally suspend or terminate provisioning this Service to you and ask you to compensate us for any and all losses arising therefrom. In addition, we have the right to withhold any cloud service expenditures or support service expenditures you have already paid.
2.5 Service Pricing
2.5.1 The service expenditures are displayed on your subscription page. You can select services as needed and pay for them at the total price displayed on the console. You can choose the prepaid or postpaid payment.
2.5.2 Prepaid:
2.5.2.1 Huawei Cloud only provides you with services after you pay for them.
2.5.2.2 If both parties are willing to continue the cooperation after the service period expires, you shall pay the renewal expenditure at least seven days before the expiration.
2.5.3 Postpayment: You can use the service first and then pay for it. For details about the expenditure deduction rules, see the valid billing modes and standards of postpaid services on the Huawei Cloud website.
2.5.4 Huawei Cloud reserves the right to stop providing services and/or technical support for you or terminate services and/or technical support before you pay the expenditures as agreed.
2.5.5 You fully understand that all free services and special offers in Huawei Cloud are available only once and shall not offset the service fee.
2.6 Disclaimer
2.6.1 Huawei Cloud regularly or irregularly provides the spot pricing for spot or spot block instances so that you can obtain instances at steep discounts. The price is adjusted in real time based on the supply of and demand for spot or spot block instances. Huawei Cloud determines whether to provide resources based on the inventory resources and the maximum price you are willing to pay. If the maximum price you are willing to pay is lower than the market price and you have used the spot or spot block instance for one hour, the instance will be reclaimed, its resources will be released, and data will be cleared. Huawei Cloud shall be exempted from liability for service interruptions and data loss caused in this scenario.
2.6.2 In prepaid payment, if you want to continue using ECS after the service expires, you need to renew it in time, or Huawei Cloud will revoke your permissions on your ECSs. If an expired ECS is not renewed, it will enter a grace period and the instance data will be retained or stored according to our policy. If the expired ECS is still not renewed after the grace period ends, Huawei Cloud will release it and delete the instance data. For details, see Resource Suspension and Release. Huawei Cloud shall be exempted from liability for service interruptions and data loss caused in this scenario.
2.6.3 In pay-per-use payment, you should top up your account and pay service expenditures so that you can use services continuously. If your account is in arrears, Huawei Cloud will revoke your permissions on your ECSs. Your ECSs will enter a grace period and the instance data will be retained or stored according to our policy. If the outstanding amount for pay-per-use resources is still not paid off when the grace period ends, Huawei Cloud will release your ECSs and delete the instance data. For details, see Resource Suspension and Release. Huawei Cloud shall be exempted from liability for service interruptions and data loss caused in this scenario.
2.6.4 To provide you with better services, Huawei Cloud has the right to perform regular or irregular maintenance, such as repair, maintenance, upgrade, and optimization, on service platforms or related devices, systems, and software. This may cause short-term interruptions or suspension of your services. Huawei Cloud will send you a notice at an appropriate time in advance. Huawei Cloud shall be exempted from liability for service interruptions and data loss caused in this scenario.
2.6.5 To ensure service security and stability, Huawei Cloud may need to make major adjustments, such as data center abolishment, reconstruction, migration, and device replacement, which may affect your services. Huawei Cloud will notify you at least 30 days in advance so that you can migrate or adjust your service system. You shall actively cooperate with the migration of related data and promise to complete the operations within the time specified by Huawei Cloud after receiving the notice from Huawei Cloud. Otherwise, you shall bear the consequences if you cannot access your services or encounter other problems.
Last updated: October 16, 2024