Legal Clauses

Cloud Data Center Service Statement

Cloud Data Center Service Statement

This Service Agreement (hereinafter referred to as "this Agreement") describes your rights, obligations, and responsibilities when 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. 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 be legally binding on you and Huawei Cloud. In the event that you register on behalf of a company or other legal entity, you represent and warrant that you are authorized by your 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 if you are authorized to access and use this Service, you will remain bound by the separate agreement mentioned in this article.

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, you shall 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 Your Content

1.4.1 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).

1.4.2 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.

1.4.3 You have the right to upload, delete, and modify your content. Exercise caution when deleting or modifying data. You shall bear sole responsibility for the consequences of these operations.

1.4.4 You shall back up your data as required. Huawei Cloud provides data backup services only in accordance with relevant laws and regulations.

2. Cloud Data Center Service Terms

2.1 Service Content

Cloud Data Center (CloudDC) enables you to deploy your own servers in Huawei Cloud equipment rooms. With Huawei Cloud capabilities such as infrastructure management, cloud-based networks, bare metal server management, and deterministic O&M, CloudDC makes your DC cloud adoption journey easier.

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 of 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).

2.4 Cooperation You Need to Provide

(1) You must comply with the laws and regulations of the country where your businesses operate. Ensure that you have all necessary licenses, approvals, and consents to operate the devices stored in Huawei Cloud data centers and run your businesses. These requirements cover areas like safety, export controls, anti-bribery, cybersecurity, and privacy protection. They apply throughout this Agreement's duration. If you are investigated by authorities due to your illegal or non-compliant business operations, you shall take full responsibility for them.

(2) Ensure that the devices stored in Huawei Cloud data centers comply with the local industry standards, and that the hardware and software installed on the devices comply with relevant standards and Huawei Cloud requirements. If you fail to meet these standards and requirements, you will be responsible for any issues caused by unavailable equipment, systems, or software, as well as any disconnections between your devices in Huawei Cloud data centers and standard Huawei Cloud services. You shall compensate Huawei Cloud for any loss caused to Huawei Cloud.

(3) You shall ensure that the hardware, systems, and software hosted do not infringe any third party's intellectual property rights or other rights and interests. If any third-party claims are made due to a breach of this agreement, you shall take all responsibilities and Huawei Cloud shall be exempted from any loss.

(4) You are responsible for transporting hardware devices stored in Huawei Cloud data centers, and installing, delivering, maintaining, and protecting and backing up data of hardware device (including installed devices) systems and software. You are also responsible for integrating with standard Huawei Cloud services (excluding the purchased professional services). Ensure that the devices remain available and properly connected to Huawei Cloud services. If you purchase CloudDC professional services for intelligent rack (iRack) or DC cloud adoption (iRack+iMetal+CloudDCN) scenarios, Huawei Cloud delivers professional services based on the corresponding Statement of Work (SOW).

(5) In iRack sales scenarios, you are responsible for developing High Level Design (HLD), which is one of the deliverables of the network design service and a guiding document for project delivery. The HLD includes naming specifications, address planning, cross-connection planning, detailed implementation of various protocols, and reconstruction or solution design. You also need to provide the Lower Level Design (LLD) based on the Huawei Cloud standard template. The LLD includes the topology, service implementation, logical design, and a plan for network evolution. It is used to guide device installation and network connections.

(6) In DC cloud adoption scenarios (iRack+iMetal+CloudDCN), you need to provide test servers for all involved models for test adaptation. For models that have not been tested and adapted, in accordance with the cloud management SOW, Huawei Cloud cannot provide related cloud services and professional services.

(7) If you require personnel access to Huawei Cloud data centers, you shall apply for such access at least three working days in advance. Once approved, you need to provide all required information and ensure that your personnel comply with Huawei Cloud's regulations. Your personnel will be accompanied by Huawei Cloud personnel. You shall be liable for any service interruptions or other losses caused by your personnel's violation of the regulations.

(8) During device delivery, O&M, replacement, removal, or migration of data or equipment in Huawei Cloud data centers, if your errors cause real losses to Huawei Cloud, such as lost data or damage to physical devices, you shall be fully liable for all generated expenses, including but not limited to the expenses of device repairs, system recovery, and any payments made to third parties.

(9) Your devices must use power within the power range as specified in the corresponding commercial contract. If the power consumption of your racks exceeds the purchased power range, it is considered excess power usage. If the power consumption exceeds the power capacity, Huawei Cloud will send you a notification. You must complete the rectification within 24 hours of receiving the notification. Otherwise, you shall be responsible for any damages or issues caused by the excess power usage. Huawei Cloud may also disconnect power from the racks to ensure overall safety of the equipment room. In this case, Huawei Cloud is exempted from the penalty for the availability SLA of the equipment room.

(10) When this agreement expires, you must handle the devices in Huawei Cloud data centers unless the service period is extended. You shall pay all expenses before the service period ends. Within five working days after the service period ends, you shall move your devices out of Huawei Cloud data centers. If the devices are not removed within the specified period, you shall bear all losses caused to Huawei Cloud, including but not limited to rack occupation and site expenses.

(11) If you obtain documents related to Huawei Cloud data centers from Huawei Cloud, you shall notify Huawei Cloud of the usage and comply with the confidentiality requirements. Do not share any information provided by Huawei Cloud with any third party. The information includes but not limited to the infrastructure technical architecture, device models, device identifiers, layouts, notices, and images. You shall keep all materials and information from Huawei Cloud confidential. These duties continue even after this agreement ends. You are legally responsible if such information gets lost, leaked, stolen, or disclosed because of your inappropriate handling or misuse.

(12) You must comply with the relevant regulations of Huawei Cloud data center management, including but not limited to equipment installation and removal, personnel access, and information access. You shall bear all losses and liabilities caused by your failure to comply with the regulations.

(13) You shall make timely and full payment to Huawei Cloud. If Huawei Cloud provides additional services beyond the scope of this Agreement at your written request, you shall bear the expense separately.

2.5 Restrictions

Do not use CloudDC in any of the following ways:

● Any illegal or violation activities, such as gambling, unauthorized private servers, or cross-border VPN

● Fraudulent transactions, such as click farming on e-commerce websites

● Initiating network attacks, such as DDoS attacks, CC attacks, web attacks, brute force cracking, or spreading viruses and Trojans

● Traffic transit

● Web crawling

● External system detection such as scanning or penetration without being authorized

● Deploying any illegal websites and applications

● Sending spam or engaging in activities that violate personal privacy

In the event of any of the above, Huawei Cloud has the right to unilaterally suspend or terminate provisioning of CloudDC and demand compensation for any and all losses arising therefrom. In addition, we have the right to withhold any cloud service or support service expenses you have already paid.

2.6 Disclaimer

2.6.1 CloudDC disclaimer: You acknowledge that we are not responsible for any issues or damages resulting from these situations, and you will cover all related losses:

(1) Planned system maintenance, such as device repair, fault simulations, changes, upgrade, network cutover, and site offline, of which Huawei Cloud has notified you in advance;

(2) Service unavailability caused by your negligence or Huawei Cloud operations that you requested;

(3) Non-Huawei Cloud device faults, network failures, external devices, or configuration changes, including but not limited to service unavailability caused by network carrier line faults;

(4) Service unavailability caused by application attacks including but not limited to DDoS attacks, SYN flood attacks, and virus infections, or software and hardware compatibility issues;

(5) Service unavailability caused by OS or key process issues when you install, reinstall, uninstall, or configure your applications or third-party applications;

(6) Your services exceeding the supported resource specifications;

(7) Service unavailability caused by data, passwords, or other information getting lost or leaked due to inappropriate maintenance or handling of confidential information;

(8) Your non-compliance with Huawei Cloud product documentation or other guidelines when performing operations such as stopping or restarting servers, or detaching local disks from servers using APIs, the CLI, or console;

(9) Service unavailability caused by physical servers that are not specified in the contract or not included in the hosting list;

(10) Service unavailability caused by the suspension or release of iRack, iMetal, or CloudDCN resources due to arrears;

(11) Service unavailability caused by force majeure or other accidents that are unforeseeable, insurmountable, and unavoidable and have significant impact on one party or both parties, including but not limited to natural disasters (such as floods, earthquakes, and plague epidemics) and social unrest (such as wars, government actions, interruption of telecom backbone lines, hackers, network congestion, technical change of telecommunications departments, and government control policies)

2.6.2 iRack disclaimer: You understand and agree that we are not liable for the unavailability of services related to iRack or any consequences caused by the following reasons, and you shall bear responsibility for any losses incurred:

(1) Service unavailability caused by the lack of a redundant power supply, such as unavailability caused by a standalone power supply failure or interruption (including but not limited to tripped circuit breakers or maintenance).

(2) Device unavailability due to operations performed or authorized by you or any negligence in operations (for scenarios where only iRack is sold).

2.6.3 iMetal disclaimer: You understand and agree that Huawei Cloud is not liable for the unavailability of services related to iMetal or any consequences caused by the following reasons, and you shall bear the losses incurred:

(1) Service unavailability caused by server hardware faults you refused to authorize Huawei Cloud to repair;

(2) Service unavailability caused by hardware faults of servers whose warranty has expired and that you refused to upgrade;

(3) Service unavailability caused by fixing server hardware faults with your authorization, including the time it takes to get your authorization;

(4) Device unavailability caused by a standalone power supply failure (including but not limited to tripped circuit breakers or maintenance) or interruption or service unavailability caused by standalone network port failure or interruption of your devices to be managed;

(5) Individual faults of server hardware with redundant configurations, including but not limited to the fault of a single network interface in the multi-network interface bonding and the fault of a single disk in the disk group with storage redundancy configurations;

(6) Data stored on local disks being lost due to damage to those disks or becoming unavailable due to an instance breakdown;

(7) Service unavailability caused by your own reasons, for example, automatic startup not configured, or automatic mounting at system startup not configured for a data disk file system;

(8) Server disconnection resulted from normal server operations including but not limited to OS installation, OS reinstallation, BIOS modifications, server stops, or server restarts.

2.6.4 CloudDCN disclaimer: You understand and agree that Huawei Cloud is not liable for the unavailability of services related to CloudDCN or any consequences caused by the following reasons, and you shall bear the losses incurred:

(1) Service unavailability due to your inappropriate configuration of security services, VPC networks, and port rules;

(2) Service unavailability due to your operations without prior agreement with Huawei Cloud such as plugging or unplugging devices, or relocating your own assets or Huawei Cloud devices, including but not limited to racks, network devices, and servers.

Last updated on June 30, 2025