The Alibaba Cloud Product and Service Agreement is a valid contract between Alibaba Cloud Computing Co., Ltd. (hereinafter referred to as "Alibaba Cloud") and you on matters related to the services provided by Alibaba Cloud. The Alibaba Cloud Product and Service Agreement is hereinafter referred to as "this Service Agreement", "Service Agreement" or "this Agreement".
General provisions
Before accepting this Agreement, please read the whole content of the Agreement carefully. If you have any questions about the relevant terms, please consult the relevant Alibaba Cloud business department or call the customer service department. Alibaba Cloud will explain the terms to you. If you cannot accurately understand Alibaba Cloud’s explanations and descriptions of the terms, or you do not agree to any portion of this Service Agreement, do not continue to use any of the relevant products and/or services. If you click Confirm on the web page, purchase or use the products and /or services provided by Alibaba Cloud, download and print the products and /or services, and affix a seal after downloading and printing, it means that you have read and fully understood the content of this Agreement, reached an agreement with Alibaba Cloud to order the corresponding products and /or services of Alibaba Cloud, and agree to accept and be bound by all the content of this Agreement.
When you purchase products and/or services provided by Alibaba Cloud, in addition to complying with this Agreement, you shall also comply with the specific Terms of Service (hereinafter “specific terms”) of the purchased products and/or services (if any), the product rules (if any), the billing rules, and other such content. The specific terms constitute an integral part of this Agreement and are equally binding. In the case of any inconsistencies between this Agreement and specific terms, the provisions of specific terms that apply to the individual products and/or services shall prevail.
Special attention may be paid to the provisions of this Agreement, such as restrictions, exemption from liability, determination and handling of violations or breach of contract, and selection of the competent court. The preceding provisions may be bold and /or underscores.
Body
1. Product and /or service content
1.1 The "products and/or services" referenced in this Service Agreement refer to the products and/or services as presented on www.aliyun.com (that is, the Alibaba Cloud official website), as well as the related technical and network support services that Alibaba Cloud shall provide for you. The specific service content is the content of the services actually purchased.
2. Product and /or service prices and fees
2.1. Alibaba Cloud lists service prices on the relevant pages of the www.aliyun.com website or provides you with the payable fee to purchase a service based on the specifications and configurations of the selected products and/or services. When purchasing products and/or services, you shall pay the amount displayed by the price system on the www.aliyun.com website.
2.2. You can use Alipay, online banking, bank transfers, and other methods to add funds to your Alibaba Cloud account and, afterwards, use such funds to purchase specific products and/or services. You shall maintain a sufficient account balance to ensure your continued use of services. Payment methods and other specific rules shall follow the content displayed on the pages of the Alibaba Cloud official website.
2.3. Depending on the type of products and /or services you have ordered, you must complete the payment of service fees according to the corresponding time limit displayed on the Alibaba Cloud official website. Alibaba Cloud has the right not to provide you with the corresponding products and /or services (including technical support) or to terminate the corresponding products and /or services (including technical support) until you have paid all the fees as agreed. and have the right to five ten thousandths of the overdue amount is charged daily as the liquidated damages for overdue payment. Alibaba Cloud will request you to collect the liquidated damages at any point in time after your overdue payment:
2.3.1. Pay before you use products and /or services:
2.3.1.1.If you purchase products and/or services sold as a monthly subscription or resource package (plan), Alibaba Cloud shall provide the services for you after all service charges are paid in full.
2.3.1.2.You must promptly complete the payment after submitting an order. In the case of failure to promptly complete payment, the order can be invalidated: (1) If payment is not completed within 7 days, the order is automatically invalidated; (2) If the product and/or service inventory becomes insufficient before payment is completed, the order is automatically invalidated. Once an order is invalidated, all agreements or actions between you and Alibaba Cloud regarding the contents and prices of products and/or services contained in the order are no longer valid.
2.3.1.3.If you plan to continue using products and/or services after the service period expires, please pay the renewal fee within seven days before the expiration of the service period, to ensure you can continue to use the products and/or services.
2.3.2. Pay-after-use products and /or services:
If you purchase products and/or services billed on a Pay-As-You-Go basis, you can activate and use the services first, and Alibaba Cloud will calculate the actual use during the previous 1 (one) billing cycle (hour, day, month, or other cycle based on the actual product or service) automatically and deduct the corresponding service charges from your Alibaba Cloud account balance. The specific deduction rules and billing items shall be subject to the currently valid information on the Alibaba Cloud official website.
2.4.Alibaba Cloud regularly or irregularly implements discount events and policies (collectively referred to as “discount events”). For example: free service content, an extended service period, or a direct discount provided when a one-time purchase meets a set level or service volume, free coupons, special product prices/discounts for 11/11, and recommendation code discounts. With respect to such discount events, you understand and acknowledge:
2.4.1.These discount events or policies are special discounts outside of the standard prices of services. The discount contents do not cover the charges for modification, update, or maintenance of complimentary service items, and the complimentary service items cannot be converted into a monitory value to be deducted from the standard price.
2.4.2. Some preferential activities or policies are based on your commitment to service duration or service volume. Therefore, if you unsubscribe from the corresponding service without any reason, Alibaba Cloud has the right to restore the original price, charge liquidated damages, charge the unsubscribed or refunded service fee, cancel the original price, and require you to bear the used free vouchers. The method stated on the corresponding official website or in the corresponding order shall prevail.
2.4.3. Unless otherwise specified in the product and /or service that you have ordered, or otherwise specified in written form between you and Alibaba Cloud, multiple discounts cannot be applied at the same time.
2.4.4.You have an obligation to keep information related to the discount events and policies you enjoy for your purchased services confidential. If your noncompliance with this confidentiality obligation is discovered, Alibaba Cloud has the right to revoke these and other discounts and can decide to suspend or terminate your service.
2.5.You understand and acknowledge that Alibaba Cloud may provide you with free services or services that are free up to a certain usage level in the form of invitational testing, public beta testing, and other formats. In such cases, you are not required to pay service fees during the free period or when your usage does not exceed the free quota. Alibaba Cloud does not rule out the possibility of charges in the future for such services. At such a time, Alibaba Cloud shall publish the charging policy and standards at least 10 calendar days in advance by posting an announcement on the appropriate area of the website, sending an in-site notification, or by some other means. If you continue to use the relevant service, you shall pay the fees according to the valid charging policy and standards published at such time.
3. Rights and Obligations
3.1. Your Rights and Obligations
3.1.1. Prior to using a service, you shall carefully read and comply with the relevant service descriptions, technical specifications, use processes, and operations documentation posted on the Alibaba Cloud website. You shall understand the content and the consequences that may occur. When using the service, you shall perform operations in accordance with the relevant instructions. You shall bare sole responsibility for the consequences arising from any violations of the relevant operation instructions. Alibaba Cloud shall bear no responsibility for such consequences. Please be aware of the relevant risks and perform operations with caution. If you use the OpenAPI provided by Alibaba Cloud to order products and /or services, you should also undertake that you will regularly and /or before purchasing specific services, check the above content and updates on the Alibaba Cloud official website and make sure that you know the meaning of them.
3.1.2. You shall provide Alibaba Cloud with a contact person responsible for enforcing this Service Agreement and a list of personnel managing the various products and services on your networks and cloud platforms and their contact information. In the case of changes to these employees, you shall independently update the information online. You alone shall be liable for the provision of false, inaccurate, and incomplete personnel information as well as any consequences arising from the action or inaction of these personnel.
3.1.3 You shall retain your website access log records, including posted information, post time, IP addresses, and domain names, in accordance with relevant laws and regulations such as the Regulation on Internet Information Service of the People's Republic of China, and provide such records if required by relevant national authorities during legal investigations. You are fully liable for all consequences and responsibilities arising from your failure to keep the relevant records as specified.
3.1.4. You shall bear responsibility for the completeness and confidentiality of the data that you have stored on the Alibaba Cloud platform and the passwords and codes for accessing and managing the various products and services on the Alibaba Cloud platform. You are solely responsible for all the losses and consequences due to the loss or disclosure of the above data, passwords, and codes arising from your improper maintenance or confidentiality.
3.1.5 If you use the products and/or services provided by Alibaba Cloud for activities that require permission or approval by national authorities, you shall obtain permission or approval from the relevant national departments. This includes, but is not limited to, the following:
(1) If you open multiple websites, you shall ensure that all your websites have obtained permission or approval from the relevant national departments;
(2) If your website provides non-profit Internet information services, you shall handle filing formalities for a non-profit website and ensure that all submitted filing information is true and valid. When the filing information changes, submit updated information in the filing system in due time;
(3) If your website provides commercial Internet information services, you shall also obtain a commercial website license from the local communications administration.
(4) If you operate an Internet game website, you shall obtain a network culture business license in accordance with the law.
(5) If you operate an Internet audio or video website, you shall obtain a license for broadcasting audio or video programs over information networks in accordance with the law.
(6) If you offer internet information services such as news, publication, education, healthcare, medicine and medical instruments, you shall undergo the examination and approval process of competent authorities pursuant to applicable laws, administrative rules and regulations, and the relevant government regulations. Before applying for the business permit or carrying out the filing procedures, you shall undergo the examination and approval process of the competent authorities according to the law.
You understand and acknowledge that the items listed above do not cover all the types of permits or approvals you shall obtain from the relevant national authorities for your for-profit or non-profit activities. When engaging in such activities, you shall obtain the related permits or approvals and follow the related laws and regulations enacted nationally and locally.
3.1.6. You further undertake not to:
3.1.6.1.You shall not use the products and/or services provided by Alibaba Cloud to distribute a large number of undesirable or unsolicited emails, electronic advertisements, or emails containing harmful information, such as reactionary and pornographic content;
3.1.6.2.You shall not use the services provided by Alibaba Cloud as virtual servers, illegal proxy servers, or email servers;
3.1.6.3.You shall not use the products and/or services provided by Alibaba Cloud to engage in anti-DDoS protection, DNS protection, or other such for-profit activities;
3.1.X.X. You will not engage in any act that damages the legitimate rights and interests of Alibaba Cloud and /or its affiliated companies (including but not limited to enterprises under Alibaba Group, such as Taobao and Alimama; and affiliated enterprises of Alibaba Group, such as Alipay). Such acts that damage rights and interests include but are not limited to: violating any service agreement /terms, management specifications, and transaction rules published by these companies. Damaging or attempting to disrupt the fair trading environment or normal trading order of Alibaba;
3.1.6.5.You shall not use the resources and services provided by Alibaba Cloud to upload, download, store, or publish the following information or content or facilitate the publishing of such information by others (including but not limited to setting URL and BANNER links):
(1) Political propaganda and/or news information in violation of national regulations;
(2) Information related to national secrets and/or security;
(3) Feudalistic superstition and/or obscene, pornographic, or vulgar information or crime solicitation information;
(4) Illegal Internet publishing activities such as lottery prizes, gambling games, private servers, and plug-ins;
(5) Information in violation of national ethnic and religious policies;
(6) Information compromising Internet operation security;
(7) Information or content infringing on the legitimate interests of others and/or impairing social order, social security, and public morality;
(8) Other information in violation of laws, regulations, departmental rules, or national policies.
3.1.6.6.You shall not occupy or cause a program or process to occupy a large amount of server memory, CPU or network bandwidth resources on platforms composed of Alibaba Cloud's cloud computing resources (such as servers, network bandwidth, and storage space), placing an unreasonable load on Alibaba Cloud's cloud platform or other Alibaba Cloud users' networks or servers (including but not limited to local, nonlocal, and international networks and servers), which in turn may affect normal communication between Alibaba Cloud and the Internet, between Alibaba Cloud and a specific network or server, and within Alibaba Cloud, or cause Alibaba Cloud's cloud platform products and services or other Alibaba Cloud users' servers to shut down or crash, or cause users' cloud platform products/applications to be inaccessible;
3.1.6.7.You shall not conduct any behaviors that undermine or attempt to undermine network security (including but not limited to phishing, hacker attacks, network fraud, suspected involvement in the spreading of viruses/trojans/malicious code to websites or cyberspace, and suspected involvement in attack behaviors against other websites and servers using virtual servers, such as scanning, sniffing, ARP spoofing, and DDoS);
3.1.6.8.You shall not install or use pirated software on Alibaba Cloud services or platforms. You understand and agree that Alibaba Cloud has the right to refuse to deploy application systems for pirated software on Alibaba Cloud services or platforms. You shall take full responsibility for the results caused by your own behaviors (such as software installation and operations). If the legal copyright owner of software you installed files infringement complaints, charges, or other claims against Alibaba Cloud, you shall take all reasonable measures to ensure that Alibaba Cloud is held exempt from all liability, including situation clarification, provision of certificates proving use of legitimate software, and other measures to cause the legal copyright owner to withdraw the above claims.
3.1.6.9. Except as expressly permitted by Alibaba Cloud in writing, you shall not modify, translate, adapt, rent, lend, sell, sublicense, disseminate or transfer the software or services provided by Alibaba Cloud on the information network, or reverse engineer, decompile, or otherwise attempt to discover the source code of the software provided by Alibaba Cloud. You will not change or attempt to change the system configurations provided by Alibaba Cloud or undermine system security.
3.1.7.You understand and agree that state secrets of the People’s Republic of China are protected by law and you are obliged to keep such information secret. When using Alibaba Cloud services, you shall observe the requirements of relevant confidentiality laws and regulations and shall not endanger the security of state secrets of the People’s Republic of China.
3.1.8.If Alibaba Cloud services involve the permission to use third-party software, you agree to follow the restrictions in the related licensing agreement.
3.1.9.If a third-party organization or individual challenges or files a complaint regarding you, Alibaba Cloud will notify you, and you have the responsibility to provide an explanation and present evidentiary materials within the specified time. If you fail to provide rebuttal evidence or give overdue feedback, Alibaba Cloud will take appropriate measures, including, but not limited to, the immediate deletion of the challenged information and the suspension or termination of your service.
3.1.10.You shall be responsible for data backup, and complete relevant operations on your own. Alibaba Cloud is not liable for your data backup operations or results.
3.2. Alibaba Cloud's Rights and Obligations
3.2.1. Alibaba Cloud is obligated to provide you with services in accordance with this Service Agreement and the content displayed on the products and /or services on the Alibaba Cloud official website. However, Alibaba Cloud is not obligated to provide you with functions or services other than the aforementioned content.
3.2.2.You understand and acknowledge that, due to technical limitations, Alibaba Cloud cannot guarantee that the services it provides are free from flaws (for example, Alibaba Cloud’s overall security protections or security products cannot guarantee that your hardware or software is absolutely secure). However, Alibaba Cloud promises to continuously improve its service quality and service level, to provide you with higher-quality services. Therefore, you agree that, even if the services provided by Alibaba Cloud have flaws and such flaws cannot be avoided due to the current technology level in the industry, these flaws shall not be considered as violations on the part of Alibaba Cloud. You agree to work with Alibaba Cloud to resolve such flaws.
3.2.3.Alibaba Cloud shall be responsible for only the underlying components at or below the operating system level as well as O&M for the software provided by Alibaba Cloud, such as the relevant technical architecture and operating systems of cloud servers (that is, the Elastic Compute Service, or ECS for short) and ApsaraDB for RDS. You are solely liable for the components above the operating system level (for example, applications you have installed on the system). If you upgrade the operating system on your own, downtime and other adverse effects may occur. Therefore, you must take risks and be responsible for your operations.
3.2.4. Alibaba Cloud may configure tools with daily data backup functions for the services provided by Alibaba Cloud. However, such tools are not a necessary part of the services provided by Alibaba Cloud. Alibaba Cloud shall not be responsible for your ability or inability to use such backup tools. You shall be responsible for data backup and complete the corresponding operations on your own.
3.2.5. You understand and acknowledge that Alibaba Cloud may restrict the manner, scope, and functions of your use of the Services based on the categories, features, and specifications of the products and /or services you have ordered. You shall carefully read the proprietary terms, usage documents, and other relevant instructions of Alibaba Cloud regarding the products and /or services you have ordered, understand and comply with such usage restrictions, and you further agree that if the services you have used exceed the service specifications you have purchased, Alibaba Cloud has the right to restrict or suspend the provision of the relevant services based on its own judgment..
3.2.6. You understand and acknowledge that Alibaba Cloud will provide you with security protection based on certain services (such as the "Cloud Shield Server Guard Service") and management and real-time monitoring-related functions and services (such as "Cloud Real-time Monitoring"). Although Alibaba Cloud has conducted detailed tests on these services, it cannot guarantee that they are fully compatible with all software and hardware systems, nor can it guarantee the complete accuracy of its software and services. In the case of incompatibility or software errors, you shall disable or stop using relevant features, and contact Alibaba Cloud for technical support.
3.2.7. During the term of service, Alibaba Cloud shall provide you with the following aftersales services:
3.2.7.1.Alibaba Cloud shall provide 24/7 telephone consulting services and online ticket consulting services to address any issues you may encounter during use;
3.2.7.2. Alibaba Cloud shall provide you with support service in the case of faults. You shall use online tickets to report faults. Alibaba Cloud shall promptly provide support for any faults not due to improper operations. However, this does not apply to faults due to your own actions, force majeure events, and other causes beyond the control of Alibaba Cloud.
3.2.8. You understand and acknowledge that Alibaba Cloud may migrate the underlying physical devices where your products and /or services are located when necessary. Alibaba Cloud will inform you seven calendar days prior to the above operations. As the above operations may require you to modify the DNS for relevant domain names or perform other configuration adjustments, you must modify the DNS to the IP address specified by Alibaba Cloud and perform other adjustments according to the timetable required by Alibaba Cloud upon receipt of notification from Alibaba Cloud. Otherwise, you shall bear responsibility for the resulting inability to access your websites or normally use your products and/or services.
3.2.9.During the validity period of this Service Agreement, provided Alibaba Cloud does not disclose your confidential information, Alibaba Cloud can use your use of Alibaba Cloud services as a use example or case study for marketing and promotion of itself and/or its businesses. In such activities, Alibaba Cloud has the right to use your name and enterprise identity. In all other cases, Alibaba Cloud shall not use your company name, company identity, and relevant logos without your written permission.
3.2.10.Alibaba Cloud shall notify you 30 days in advance of any change to this Service Agreement by publishing an announcement on the appropriate area of the official website. If you do not agree to the modifications made by Alibaba Cloud, you have the right to stop using the Alibaba Cloud services. In such a case, you shall notify Alibaba Cloud to terminate the service. You shall be responsible for business data migration and Alibaba Cloud shall promptly settle the service charges (if any) with you. If you continue using the Alibaba Cloud services, you are deemed to have accepted the relevant modifications made by Alibaba Cloud.
0 3.2.11.Some Alibaba Cloud services may possess account authorization management functions. These allow you to grant some or all service operation permissions to one or more authorized accounts. In this case, the operations and behavior of any authorized account is viewed as if you had performed the operations or behavior using your own account. You understand and agree that your use of users and authorization management functions is the result of your independent judgment. You shall be independently and wholly responsible for all results of the operations and behavior of authorized accounts and shall bear the relevant service fees.
3.2.12. If you violate any of the provisions in Article 3.1, Alibaba Cloud has the right to take appropriate measures based on the circumstances, including but not limited to suspending or terminating the service and deleting harmful information /programs.
4. User data
4.1. User business data.
4.1.1. Alibaba Cloud understands and acknowledges that the data that you process, store, upload, download, distribute, and otherwise process through the services provided by Alibaba Cloud (i. e., online data), and the data that you back up by using the backup tools that Alibaba Cloud may configure (i. e., offline data) are your user business data, and you have full ownership of your user business data.
**4.1.2. You shall be responsible for the source and content of your user business data. Alibaba Cloud reminds you to carefully determine the legality of the data source and content. **You shall bear all the results and liabilities caused by the content of your user business data that violates laws, regulations, departmental rules, or national policies.
4.1.3. Alibaba Cloud shall not make any unauthorized use or disclosure of user business data except for the implementation of your service requirements, except in the following cases:
4.1.3.1. When relevant state authorities query or access user business data in accordance with the law, Alibaba Cloud has the obligation to provide cooperation in accordance with relevant laws, regulations, or policy documents, and disclose it to third parties or administrative or judicial authorities.
4.1.3.2. When you have reached a separate agreement with Alibaba Cloud pertaining to user business data.
4.1.4. You can delete or change your online data. If you voluntarily discontinue a service or delete online data, Alibaba Cloud shall immediately delete your online data. The relevant offline data (if any) shall be stored and deleted according to your set backup rules (if you have not set backup rules, Alibaba Cloud's default rules shall prevail). You shall be cautious in deleting, changing, or otherwise managing the data.
4.1.5. when the service period expires, the service is terminated in advance (including but not limited to the termination in advance agreed by both parties through negotiation, the termination in advance caused by other reasons, etc.) or you are in arrears, unless clearly agreed in laws and regulations, required by the competent department or otherwise agreed by both parties, alibaba Cloud will only continue to store your user business data (if any) within a certain buffer period (subject to the time limit specified in the proprietary terms, product documentation, and service descriptions applicable to the products and /or services you ordered). Alibaba Cloud will delete all user business data, including all cached or backup copies, and will not retain any of your user business data. You understand and agree that Alibaba Cloud has no other obligations to retain, export, or return user business data.
4.1.6. Once online data or offline data is deleted, it cannot be recovered. After both online data and offline data are deleted, all your data in Alibaba Cloud is cleared. You shall bear the consequences and responsibilities arising from the deletion of your data.
4.2. User account information
4.2.1 Your user account information, including:(1) your company name, business license information, name, gender, date of birth, ID card number, passport information, phone number, email address (including postal code), payment account, and (2) Alibaba Cloud records of the service process, including your bills, historical purchase information, consultation records, troubleshooting records, and troubleshooting process.
4.2.2. Alibaba Cloud collects your information for the purpose of providing you with services and improving service quality. To achieve this purpose, Alibaba Cloud uses your information only for the following purposes, unless you and Alibaba Cloud have reached a separate agreement or when the relevant national authorities inquire about or review the information in accordance with the relevant laws, regulations, and policy documents, and Alibaba Cloud provides cooperation and disclosure to third parties or administrative or judicial authorities:
4.2.2.1. provide you with the services you use, and maintain and improve these services;
4.2.2.2. in accordance with the relevant laws and regulations, to you to recommend you may be interested in the content, including but not limited to to the product and service information.
4.3. You understand and agree that, in order to respond to your requests for help in a timely manner, ensure the overall security of the cloud platform, and improve Alibaba Cloud services, Alibaba Cloud will detect, browse, and record user support data such as your service usage behavior, submitted support requests, and insecure features of your data. User support data does not include user service data and user account information.
4.4. Unless otherwise agreed by you and Alibaba Cloud, Alibaba Cloud stores user business data in data centers within the territory of the People's Republic of China. Alibaba Cloud abides by its security commitments to users and protects users' data stored in data centers within the territory of the People's Republic of China.
5. Intellectual Property Rights
5.1. The intellectual property rights in any information, technology or technical support, software, and services provided by either Party to the other Party hereunder are owned by the providing party or its legal rights owner. Unless otherwise expressly agreed to by the providing party or legal rights owner, the other Party is not entitled to copy, disseminate, transfer, license, or let others use the above-mentioned intellectual property rights; otherwise, the other Party shall be liable accordingly.
5.2. You shall ensure that the information you provide to Alibaba Cloud, all the data you upload to Alibaba Cloud services, your use of Alibaba Cloud services, and your use of the products produced by Alibaba Cloud services do not infringe upon the legitimate interests of any third party. If a third party initiates any compliant, claim, lawsuit, or other type of appeal against Alibaba Cloud as a result of the information or data you provide, upload, or use, or the results of your behavior or work, you understand and acknowledge that you shall immediately come forward to resolve the issue and compensate Alibaba Cloud for all direct economic losses arising from this situation, including, but not limited to, various fees and compensation expenses.
5.3.If a third-party institution or individual challenges or files a complaint regarding the intellectual property rights belonging to Alibaba Cloud services, you shall immediately notify Alibaba Cloud. Alibaba Cloud will handle the situation. If a third-party organization or individual challenges or files a complaint concerning the intellectual property rights to the materials involved in your use of the services provided by Alibaba Cloud, you have a responsibility to produce evidentiary documents in your defense and cooperate with Alibaba Cloud in coping with such a complaint.
6. CONFIDENTIALITY PROVISIONS
6.1. The confidential information mentioned in this service agreement refers to the commercial secrets (including financial secrets), technical secrets, business know-how and (or) other confidential information and materials (including but not limited to product materials) obtained by one party (hereinafter referred to as "the receiving party") from the other party (hereinafter referred to as "the disclosing party"), or generated by the performance of this service agreement by both parties. Product plan, price, financial and marketing planning, business strategy, customer information, customer data, research and development, software and hardware, API application data interface, technical description, design, special formula, special algorithm, etc.), regardless of the form or carrier of the above information and data, regardless of whether the disclosing party indicates its confidentiality in oral, image or written form at the time of disclosure.
6.2. Both parties shall take appropriate measures to properly preserve the confidential information provided by the other party, and the degree of prudence in the measures shall not be less than the degree of prudence in protecting their own confidential information. Both parties shall only use the confidential information for its intended uses or purposes under this Service Agreement.
6.3. Both parties guarantee that the confidential information can only be known to the responsible persons and employees of their respective parties engaged in the business, and strictly restrict the employees who have access to the above-mentioned confidential information to comply with the confidentiality obligations of this article.
6.4. The above-mentioned restrictions on this article shall not apply to the following situations:
6.4.1. The confidential information has been legally owned by the recipient at or before the signing of this service agreement;
6.4.2. the Confidential Information has been made public or is available in the public domain at the time it is notified to the Receiving Party;
6.4.3. the Confidential Information is obtained by the Receiving Party from a third party with whom it has no obligation of confidentiality or non-disclosure;
6.4.4. The confidential information has been made public or can be obtained from the public domain on the premise of not violating the responsibilities stipulated in this service agreement;
6.4.5. the Confidential Information is independently developed by the Recipe or its affiliates or affiliates and does not benefit from information obtained by the Notifying Party or its affiliates or affiliates;
6.4.6. The receiving party discloses the confidential information upon the request of the court or other legal and administrative departments (through oral questioning, inquiry, request for information or documents, subpoena, civil or criminal investigation or other procedures);
6.4.7. In order to apply for a certain business qualification, obtain a certain recognition, or meet the national and industrial standards /certification from the administrative department, industry association and other institutions, the recipient needs to submit materials or make explanations to the aforementioned institutions in combination with the other party's circumstances. Under such circumstances, the receiving party shall adhere to the principle of minimum disclosure where necessary and require the organization that has been informed of the confidential information to be kept confidential according to the standard not lower than that of this service agreement.
6.5. You and Alibaba Cloud shall make best efforts to prevent the disclosure of the aforementioned confidential information. If any of the preceding confidential information is disclosed, both parties shall cooperate and take all proper measures to avoid or mitigate the consequences of damage. If any loss is sustained by either party as a result, the other party shall compensate for direct economic losses that arise therefrom.
7. Activate, change, and terminate services
7.1. You can activate and use the service by using your Alibaba Cloud account or by calling API operations.
7.2. Services sold as monthly subscriptions or resource packages (plans):
7.2.1.These services can be activated immediately after payment, and you will receive keys and passwords sent by Alibaba Cloud that allow you to log on to and use the services. The term of service is calculated from the activation time (not from when you receive the logon and use keys and passwords).
7.2.2.For services sold as monthly subscriptions, the term of service expires when the period purchased elapses. For services sold as resource packages (plans), the term of service ends when the service term of the purchased resource package expires or you use up the services contained in the resource package (whichever occurs first).
7.2.3.Before the end of the term of service, if you cancel your subscription to the corresponding service for no valid reason, Alibaba Cloud has the right to resume billing at the original price, collect liquidated damages, collect subscription cancellation/return processing fees, or take other measures to handle the situation. In such cases, the relevant methods displayed on the official website or set out in the order shall prevail.
7.2.4.For services sold as a resource package, you shall use up the service amount contained in the package during the term of service. If the resource package’s term of service expires before you use up the services you have already purchased, the unused portion shall be voided and Alibaba Cloud will provide no replacement or compensation. Your use of services will first consume any subscribed resource packages. Unless required by law or otherwise agreed by both parties, if all services in the resource package are used up or the term of service expires and you continue to use the service without subscribing to another resource package, Alibaba Cloud will bill your use of the service according to the Pay-As-You-Go sales method (if applicable). In such a case, Alibaba Cloud will continue billing you and deduct the service charges based on the billing results.
7.3. Services sold on a Pay-As-You-Go basis:
Unless otherwise specified or if you have not settled other payable items, you can use Pay-As-You-Go services upon activation. You shall ensure that your account balance is sufficient to avoid disruptions to your use of Alibaba Cloud services.
7.4.You understand and agree that Alibaba Cloud will constantly improve the service quality and service level in order to enhance the customer experience. To this end, Alibaba Cloud may change the format, specifications, and other aspects of the services provided. In such cases, Alibaba Cloud will do its best to provide advance notice using website announcements, in-site messages, emails, text messages, or other methods.
9.3. The service period shall terminate in advance if any of the following circumstances occurs:
7.5.1. Both parties agree to terminate the service ahead of schedule;
7.5.2. If you seriously violate this Agreement (including but not limited to your serious violation of relevant laws and regulations, or your serious violation of any of the commitments under this Agreement), Alibaba Cloud has the right to terminate the service in advance or erase all your data.
7.5.3.You understand and fully acknowledge that, even though Alibaba Cloud has established (and constantly makes improvements based on technological developments) necessary technical measures to prevent any matter or behavior from endangering network security (hereinafter referred to as “these behaviors”), including computer viruses, network intrusions, and attacks (including, but not limited to, DDoS attacks), in light of the limitations and relative nature of network security technology as well as the unpredictability of these behaviors, if your network experiences these behaviors and damages Alibaba Cloud or Alibaba Cloud’s other networks or servers (including but not limited to local, remote, and international networks, servers, etc.) or affects the smooth communication between Alibaba Cloud and the Internet or specific networks or servers, or within Alibaba Cloud, Alibaba Cloud may decide to suspend or terminate the service. If the service is terminated, the service fee will be calculated according to the actual service month (calculated by day for less than one month), and the remaining amount (if any) will be returned;
7.5.4. You acknowledge and agree that Alibaba Cloud reserves the right to suspend or terminate the provision of certain products and /or services (or corresponding functions in the services) to you by issuing an announcement on the Alibaba Cloud official website (www.aliyun.com), issuing an in-site notice, or notification email 30 days in advance for the needs of technology upgrades, service system adjustments, or business strategy adjustments. At that time, Alibaba Cloud will settle the relevant fees in a timely manner. And refund the money you have paid but not consumed.
8. Liability for breach of contract
8.1. Any party who violates this Service Agreement must assume the liability for the breach of these terms in accordance with law.
8.2.You understand that, in view of the particularities of computer and Internet services, in addition to force majeure and unexpected events, the following situations shall not be deemed a breach on the part of Alibaba Cloud:
8.2.1 Alibaba Cloud needs to suspend the service for a short period of time during server configurations or maintenance.
8.2.2.The access speed of your website decreases as the result of a blocked path on the Internet.
8.3. Alibaba Cloud shall not be liable for any indirect or punitive damages, including the loss of profits incurred as a result of your use of Alibaba Cloud services (even if you have been informed of the possibility of such losses).
8.4. Alibaba Cloud's total liability for breach of this Service Agreement shall be determined as follows:
8.4.1. If a monthly or resource package (package) service fails, the total amount of liquidated damages shall not exceed the total amount of service fees paid by you for the services involved in the failure within the service period where the failure occurs;
8.4.2. If the service is a pay-as-you-go service, the total amount of liquidated damages shall not exceed the total amount of service fees that you have paid for the service in the past 12 natural months at the time of the failure (if the service is less than 12 natural months, it shall be calculated based on the actual conditions).
9. Limitation and Exemption of Liability
You shall understand and agree that Alibaba Cloud will provide support for the availability and reliability of the services during your free trial (use) of the services, such as public preview and testing, or within the free service quota, but Alibaba Cloud will not make any commitments on the availability and reliability of the services. Alibaba Cloud shall not be responsible for the work or results of your use or inability to use Alibaba Cloud services.
10. Force majessiveness and accidents
10.1.In the event that a force majeure event or other unexpected event make the fulfillment of this Service Agreement impossible, unnecessary, or meaningless, the party suffering the force majeure or unexpected event shall not be liable for this.
10.2. Force majeure and accidents refer to objective events that are unforeseeable, insurmountable and unavoidable and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, etc., and social events such as wars, turmoil, Government actions, interruption of main telecommunications routes, hackers, network congestion, technical adjustments in the telecommunications sector and government control.
11. Application of Law and Dispute Resolution
11.1.The establishment, implementation, interpretation, and dispute resolution of this Service Agreement shall be governed by the law of the People’s Republic of China.
11.2. In case of any dispute arising during the execution of the Service Agreement, both parties shall promptly settle the dispute through negotiation. If no settlement is reached after negotiation, either party may file a lawsuit with the Xihu District People's Court of Hangzhou.
12. Other
12.1. Alibaba Cloud's service descriptions, price descriptions, and order pages that you confirm to agree to on the relevant pages of the Alibaba Cloud official website (www.aliyun.com) (including product-specific terms, service descriptions, and operation documents) are all integral parts of this Service Agreement. If the service description and price description on the relevant pages of the Alibaba Cloud official website (www.aliyun.com) and the order page that you confirm to agree to are inconsistent with this service agreement, the order of (1) service description, price description, other order pages,(2) special terms, and (3) this service agreement shall apply.
12.2. Alibaba Cloud reserves the right to transfer all or part of the rights and obligations under this Service Agreement to Alibaba Cloud's affiliates by posting an announcement on the Alibaba Cloud official website (www.aliyun.com) 30 days in advance, issuing an in-site notice, or notification email. The affiliates will not materially reduce the quality of the services available to you. Otherwise, Alibaba Cloud and the affiliates will be jointly and severally liable to you.
12.3.The provisions under the warranty clause, confidentiality clause, intellectual property clause, governing laws and dispute resolution clause, and other relevant provisions remain in effect after the termination of this Service Agreement.
12.4. If there is another sealed text between the two parties, and the network page click to confirm the service agreement is inconsistent, the two sides sealed text content shall prevail.
These special terms apply only to the Quick Audience you purchased. As stated in the Alibaba Cloud Product and Service Agreement, these special terms, together with the Alibaba Cloud Product and Service Agreement and other terms and conditions, constitute all documents that bind the rights and obligations of Alibaba Cloud and you.
Quick Audience Terms of Service
1. If you have purchased the Alibaba Cloud Quick Audience service, you understand and confirm the following content: Quick Audience service will provide you with user insights, audience selection, audience delivery and other capabilities. You must ensure that the user data information used has been authorized by the corresponding data right subject, does not infringe the rights and interests of any third party, and ensures data security, legality, and compliance.
2. Pay.
2.1. Prepaid. Alibaba Cloud starts to provide services for you only after you pay the service fees. If you do not pay the service fee immediately after placing an order, the order will be reserved for you for seven (7) days. If you still do not pay the service fee upon expiration of seven (7) days, or OOS is sold out within seven (7) days, the order will become invalid. The agreement reached between you and Alibaba Cloud with respect to the Service will become invalid upon invalidation of the order. If both parties are willing to continue the cooperation at the end of the service period, you should pay the renewal fee at least 14 days before the expiration of the service period so that the service can continue.
2.2. Alibaba Cloud reserves the right not to provide you with the service and /or technical support, or to terminate the service and /or technical support until you have paid the full amount as agreed.
2.3. You fully understand that all complimentary service items or offers in the Alibaba Cloud pricing system are special one-time discounts in addition to the normal service prices of Alibaba Cloud. The complimentary service items or offers cannot be discounted or offset against the service prices.
3. The retention period of Quick Audience resources. After the product expires, the product resources are retained for 14 days. During this period, your data is retained. During this period, you cannot purchase Quick BI again. You can only renew Quick BI. You can continue using Quick BI after the renewal. If you renew Quick BI, the validity period starts from the date when you renew Quick BI. If you renew Quick BI before the subscription expires, the validity period starts from the date when the last subscription expires.
4. Quick Audience resource release rules. After 14 days of the renewal transition period, the resources will be released and all data content will be lost. After the product resources are released, you can purchase the product again.