Service Agreement

This Service Agreement (hereinafter referred to as "this Agreement") describes your rights, obligations, and responsibilities during your use of Server Migration Service (SMS) (hereafter referred to as this Service). Please read the terms carefully, especially the terms 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 Statement.

You understand and agree that by using any service in this Agreement, you are deemed to have read and agree to the General Terms of Service in this Agreement and the Dedicated Terms of Service for the service you use. 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.

General Terms of Service
1.1 Contracting Entity: This Agreement is entered into by and between SMS (or "We") and you (o "User"). Once this agreement takes effect, it has legal effect between you and us. 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 this Service. Otherwise, you shall bear all consequences caused thereby. In the event that you register on behalf of a company or other legal entity or use this Service in a manner permitted by the cloud platform, 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. 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 service 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 application upgrade, patch installation, or bug fixing. We will use our reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You agree to use your best efforts to comply with any notified cooperation requirements.

1.5 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 the services and cause damages to any third parties, you will be liable for compensation.

1.6 Disclaimers

1.6.1 You understand and agree that we are not liable for unavailability of related services in the following situations:
1. Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided not meeting service requirements
2. Service unavailability due to force majeure
3. Service unavailability due to your reasons or non-cloud platform reasons
4. Service unavailability during regular service maintenance
1.6.2 You understand and agree that before the lifecycle of a specific cloud service reaches the 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 window based on the notification. If you do not upgrade the cloud service to the new version, you agree that we have the right to automatically upgrade it when the right opportunity arises. We shall not be liable for any potential service outages arising from the upgrade.
Dedicated Terms of Service
2.1 Service Content

This Service helps you migrate servers from on-premises environments, private clouds, or public clouds to the cloud platform.

2.2 Collection and Processing of Your Personal Data

For the entire service process, you understand and agree that the cloud platform is entitled to collect, use, and process your personal data in accordance with the Privacy Statement.

2.3 Processing Your Content Data

You understand and agree that SMS is entrusted to collect and use your server information for the purposes of providing this Service. The information includes the host names, IP addresses, and MAC addresses of your servers. SMS provides a controllable data deletion mechanism for you. The aforementioned information will be deleted when you confirm that your migration is complete and delete migration tasks on the console of this Service. Otherwise, deleting the information will cause migration failures. You understand that the above information is necessary to provide services to you. If you choose not to provide or authorize us to collect and use of the above information, we will not be able to provide you with this Service.

You understand and agree that you and/or your end users entrust us to process your source server information and the data contained in the source servers in any format when using SMS. You have full ownership and control over the data. You are responsible for the legality of the source and acquisition of such data as well as the legality of migrating it from source servers to target servers, including but not limited to the compliance of cross-border data transfer. SMS is entrusted to process your data in order to migrate source server OSs and disk data to target servers on the cloud platform.

2.4 Cooperation You Need to Provide

Creating agent images

Security standards iterate and security vulnerabilities develop over time. Before the migration, you need to create agent images and perform security scanning and hardening on the images. SMS provides standard agent images for you to test SMS availability. Do not use them to migrate your services.

Configuring security groups of target servers

SMS requires that traffic from source servers be allowed over specified ports on target servers. You need to configure security groups of target servers to allow only access from source servers and take other necessary measures to ensure migration security.

2.5 Service Pricing

SMS is free of charge, but you are billed at standard rates for the EVS disks, EVS disk snapshots, and data transfer generated during the migration process.

EVS disk

SMS creates and attaches a 40 GB EVS disk to each target server temporarily during the migration. These EVS disks are billed on a pay-per-use base. After the migrations are complete, these EVS disks will be released. Do not delete these EVS disks during the migration or change their billing modes to yearly/monthly, or the migrations will fail.

EVS disk snapshot

SMS creates snapshots for service cutover, data synchronization, and cloning target servers.

Data traffic

Traffic is generated during the migration and is billed as follows:

If the source public IP address is billed by bandwidth and you use the fixed bandwidth for migration over the Internet, the traffic you used will not be billed.

If the source public IP address is billed by traffic and you migrate data over the Internet, the price is calculated by multiplying the unit price of traffic by the amount of data migrated. For details about the unit price of traffic, contact the provider of the source public IP address. The amount of data migrated is the actual usage of disks on source servers.

If you use Direct Connect or Virtual Private Network (VPN) for migration, the cost depends on the price of your Direct Connect or VPN connections.

2.6 Disclaimer

License invalidity

After OSs, applications, and files on source servers are migrated to target servers, the SIDs and MAC addresses of the servers will change. This means that some OS or application licenses may become invalid. SMS is not responsible for this type of issue. You can contact the image providers of your target servers to activate Windows OSs and update or obtain application licenses at your own expense.

Before a migration is complete, do not perform operations on the OS or disks of the target server, including but not limited to changing the OS and reinstalling the OS. SMS is not responsible for any fees or data damage incurred.

Target server disk formatting

During a migration, disks on the target server are formatted and re-partitioned based on the source disk settings. Any existing data on the target server will be lost. Before the migration, make sure you have backed up any data on the target server that you need to save and ensure that the disks can be formatted. SMS is not responsible for any data losses incurred.

Migration errors caused by source servers

SMS is not responsible for migration errors caused by source server problems, including but is not limited to damaged hardware (such as damaged disks or NICs), improper configurations, or software compatibility issues (such as incompatible OSs and applications), damaged data files, heavy service traffic, or slow network speeds. You can fix these problems by yourself, but if any such problems persist, you can contact us for assistance. We will make every effort to assist in resolving the problems but does not guarantee all possible problems can be resolved. The following problems with a source server may lead to migration errors:

A faulty source server OS. For example, a Windows startup file is damaged or missing.

An incorrectly configured source server OS. For example, GRUB or fstab is incorrectly configured on the source server.

Source server network problems. For example, the source server cannot access the Internet, the network is too slow, or the SSH connection or firewall is faulty.

Slow I/O on source server disks, too much incremental data, scattered effective clusters (on Windows), or too many small files (on Linux). These problems can slow down the migration or synchronization progress.

An incompatible source platform service or software

The Agent may be disabled by a source platform service or software, or the I/O monitoring could be disabled by antivirus software on the source server.

If your target servers on the cloud platform cannot be started after the migration, we can provide technical support to help you solve problems. We do not promise that the problems can be resolved.

To ensure compatibility with the cloud platform, SMS modifies the system configurations of target servers. SMS can ensure data consistency before and after the migration but cannot ensure that your services run properly after the migration. You need to modify related service configurations thereafter.

You are advised not to add data to target servers before the service cutover or to source servers after the service cutover. If new data is generated on both your source and target servers after the service cutover, SMS cannot combine data on the source and target servers. If you want to combine the new data on the source and target servers, you must design a solution by yourself.

2.7 Other Special Notes

Log printing

During a migration, SMS prints logs on the source and target servers. After the migration is complete, SMS automatically deletes the logs on the target server, and you need to manually delete the logs from the source server. The logs contain the IP addresses and disk, mounting, and fstab details. Logs on the source server will not be uploaded to SMS.

Configuration modification

To ensure that target servers can be started properly after the migration is complete, SMS modifies the boot, network, and system configurations of the servers.

Cross-border data transfer

SMS is only responsible for point-to-point data migration from source servers to target servers. It is unaware of the data migrated. If your server data needs to be migrated across borders, you must ensure the compliance of the migration.