Cloud Operations Center (COC) Service Agreement
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Cloud Operations Center (COC) Service Agreement
This Service Agreement (hereinafter referred to as "this Agreement") describes your rights, obligations, and responsibilities during your use of Huawei Cloud services. Please read this document carefully and make sure that you fully understand its terms, particularly those in bold, as they have a significant impact on your rights, limitations, and exclusions of liability.
You understand and agree that by using any services in this Agreement, you are deemed to have reviewed and agreed to the General Terms of Service and the Dedicated Terms of Service for the service you use. This Agreement shall become legally binding upon first use. If you do not agree to some or all of the terms in 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 Huawei Cloud Contracting Party as defined in Section 15.4 of Huawei Cloud Customer Agreement (hereinafter referred to as "Huawei Cloud", or "We") and you (or "User"). Once this Agreement takes effect, it holds legal binding 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 responsibility for all consequences caused thereupon. 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, or use this Service in a manner permitted by Huawei Cloud, 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 into this Service, you may be required to 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. If this Agreement conflicts with the separate agreement, the separate agreement shall prevail.
1.3 Agreement Update
This Agreement is subject to change. 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 Agreement. If you do not agree to part or all of the latest Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest Agreement.
1.4 Service Maintenance
We may maintain this Service from time to time through upgrading applications, installing patches, fixing bugs, or other means. We will make all reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You shall agree to make 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 (/intl/en-us/declaration/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, as you shall 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 are committed to being 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 held liable.
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 after a certain lifecycle of the cloud service.
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 (/intl/en-us/declaration/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 laws, regulations, or the rights of third parties when using this Service, or violated the terms of related agreements (including Site Terms, 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 related 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 provides O&M only 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 a third-party negligence, you shall resolve the issue in a timely manner to avoid impacting Huawei Cloud services.
1.8.3 When the lifecycle of a specific cloud service reaches its end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will make our best commercial efforts to notify you. After reading and understanding the notification, you shall 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 related services in the following situations:
a) Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided does not meet service requirements
b) Service unavailability due to force majeure
c) Service unavailability due to your own reasons or other non-Huawei Cloud reasons
d) Service unavailability during regular service maintenance
1.9.2 You understand and agree that before the lifecycle of a specific cloud service reaches its end of all service activities, we will make our best commercial efforts to notify you. You need to migrate or upgrade related workloads within a certain time frame based on the notification given by Huawei Cloud. If you do not upgrade the service to the new version, you agree that Huawei Cloud has the right to automatically upgrade it when the opportunity arises. We shall not be liable for any potential service outages arising from the upgrade.
2. Cloud Operations Center (COC) Service Specific Terms
2.1 Service Content
COC is a unified O&M portal for HUAWEI CLOUD customers to implement IT Service Management (ITSM) and IT Operation Management (ITOM) solutions.
a) COC provides varied features, like the O&M workbench, application resource management, resource O&M, automated O&M, parameter management, incident management, change management, task management, and availability optimization. These features may be optimized or modified by the service provider based on user requirement changes or service version iteration, or they may be suspended temporarily due to scheduled or unscheduled maintenance.
b) This Agreement only applies to your use of this Service via the Huawei Cloud console.
Third-Party Service or Content:
a) When using this Service, you may be provided with services or content from third parties, or you may be presented with links that can redirect you to third-party platforms or websites. For example, Teams can be used to notify you of messages, and WarRoom requests can be initiated to enable group communication on Teams.
b) Third-party services or content are independent of this Service. Before you accept the third-party services or agree to be redirected to third-party platforms or websites, please read and decide whether you agree to the terms and privacy statements of the third-party service.
c) We make no representation or warranty of any kind with respect to third-party services, content, or platforms, and shall not be held liable for any losses, damages, expenses, or costs of any nature that may result from the use of such third-party services, content, or platforms.
2.2 Collection and Processing of Your Personal Data
You understand and agree that in order for us to provide this Service to you, you shall consent to the collection and use of certain personal data. The data includes: (1) Cloud service resource information for managing tenant resources. (2) Alias for identifying a user. Your above data will be processed and stored in the country/region in accordance with the country/region you choose to upload the data. Currently, the country/region for you to choose include Singapore. In addition, the data will be immediately deleted once the storage period expires. You understand and agree that the information above is necessary in order for us to provide this Service to you. If you do not provide or do not allow us to collect, use, and process the above data, HUAWEI CLOUD will not be able to provide this Service to you. For the entire duration of you using the service, you understand and agree that Huawei Cloud is entitled to collect, use, and process your personal data in accordance with the Privacy Statement (/intl/en-us/declaration/sa_prp.html).
2.3 Cooperation You Need to Provide
a) To use COC features such as resource O&M, automated O&M, and chaos engineering, you need to install UniAgent on your host. If data leakage occurs because of your use of unauthorized OSs or software or through device infection by Trojans, you understand and agree to bear the consequences and ensure that Huawei Cloud will not suffer any losses.
b) If you need to perform a chaos drill on your Elastic Cloud Servers (ECSs), first install fault injection probe (hereinafter referred to as "the probe") on your ECSs. The probe is used to inject and rectify faults, and record logs during the drill. After the drill, the system automatically clears the probe. However, the logs will be stored on your ECSs for issue analysis and can be cleared manually.
c) If you need to perform a chaos drill on your Cloud Container Engine (CCE) cluster, first install CCE plug-ins (including coc-cdr-operator and coc-cdr-k8s-network) in your CCE cluster. After the drill, coc-cdr-operator and coc-cdr-k8s-network are uninstalled automatically, but their images remain in the CCE cluster where the fault was injected. You can manually delete the images from the cluster.
2.4 Restrictions
You shall not use COC for any of the following purposes:
a) Unapproved fault injection, script or job execution, and OS patch repair of products on your organization
b) Unauthorized fault injection, script or job execution, and OS patch repair on products of other individuals or organizations
In the event of any of the above, we have the right to unilaterally suspend or terminate the provisioning of 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 fees or support service fees you have already paid.
If you apply this Service to specific industries (such as education, healthcare, and banking), you must comply with the user data protection laws and content management laws stipulated by related countries/regions. We do not assume any responsibility for this.
2.5 Service Pricing
The basic features of this Service are free of charge, and some advanced features are charged. You can view the billing details on the service console.
2.6 Disclaimer
Please carefully read descriptions for COC on the Huawei Cloud official website and ensure that COC is compatible with your OSs, cloud servers, or other products or services. HUAWEI CLOUD is not liable for:
a) Service unavailability or service failures caused by your (or your end users') misoperations or misconfigurations. Before performing a chaos engineering drill, read the chaos engineering drill guide and feature description as well as the tips carefully to develop a comprehensive fault injection solution and an emergency handling plan for risk mitigation.
b) Service unavailability or service failures caused by your (or your end users') failure of evaluation of service impacts. The patch repair feature may restart your hosts, and you shall be aware of the risks, such as service interruption and data loss during host restart. Evaluate the impacts on services comprehensively and back up data in advance. Perform patch repair operations at off-peak times. The script management feature provides high-risk command detection whose result is one of the references for rating script risks. Rate script risks based on actual impacts on your services.
Last updated: March 7, 2024