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Terms of Service

Last Updated: Sep 09, 2021

These Terms of Service shall constitute a valid contract between Alibaba Cloud Computing Co., Ltd. (hereinafter referred to as "Alibaba Cloud") and you regarding matters related to the OpenSearch service. If you choose to accept these Terms of Service by stamping, clicking the Agree button on a web page, or other means, including but not limited to actually using Alibaba Cloud OpenSearch, this signifies that you have reached an agreement with Alibaba Cloud, and agree to accept the entire content of these Terms of Service. If the stamped text is inconsistent with the text of the Terms of Service accepted on the web page or by other means, the stamped text shall prevail.

Before you accept these Terms of Service, read the entire content hereof carefully, especially the content in bold and/or underlined. If you have questions about the content of these Terms of Service, consult the relevant business department of Alibaba Cloud for an interpretation. You can find the contact information on the Alibaba Cloud International site (alibabacloud.com). You may not proceed if you do not agree to any content in these Terms of Service, or cannot understand the interpretation of Alibaba Cloud.

1.Definitions

1.1. "You" herein refers to all subjects that use Alibaba Cloud OpenSearch, including but not limited to individuals, teams, companies, and organizations. These subjects may also be called "users."

1.2. "Service" herein refers to OpenSearch displayed on www.alibabacloud.com, and relevant technical and network support services provided by Alibaba Cloud.

1.3. "OpenSearch" refers to Alibaba Cloud OpenSearch, a managed search service for structured data. OpenSearch provides users with a simple, efficient, cost-effective, stable, and scalable search solution.

2.Service fees

2.1. Alibaba Cloud will post an announcement about the billing method and pricing system of the OpenSearch service on the Alibaba Cloud International site (alibabacloud.com). For information about specific billing rules related to OpenSearch, see the announcement on www.alibabacloud.com. Service fees are calculated based on the billing method and rules then effective on the web page.

2.2. The OpenSearch service adopts the pay-as-you-go billing method. OpenSearch charges you based on application instances. The billing items of application instances include instance leasing, document updates, search requests, and index rebuilding. Bills are generated and payments are settled on an hourly basis.

2.3. You shall keep your account balance sufficient for the continuous use of the Service. When your account balance is insufficient to cover the service fees, you will not be able to continue to use the Service. If you have an overdue payment or Alibaba Cloud has sufficient evidence to determine that you will not pay service fees as agreed upon in these Terms of Service, Alibaba Cloud reserves the right to suspend part of the OpenSearch service and eventually terminate the entire service.

2.4. If your current account balance is insufficient to cover the fees in the bill generated for the last billing cycle, the OpenSearch service becomes overdue. Alibaba Cloud will take the following measures, including suspending part of the service and eventually terminating the entire service:

2.4.1. If you top up your account and settle the overdue payment within 24 hours after the payment is overdue, Alibaba Cloud will not suspend the OpenSearch service for you.

2.4.2. If your payment is overdue for more than 24 hours, Alibaba Cloud will suspend some features of the OpenSearch service for you. You can view and delete applications, but cannot perform operations such as suspending applications, uploading files, testing search, or rebuilding indexes. Alibaba Cloud will continue to retain your instances and charge fees for instance leasing. Alibaba Cloud will resume all the features of the OpenSearch service for you after you top up your account and settle the overdue payment.

2.4.3. If you fail to settle the overdue payment after the payment is overdue for 30 calendar days, Alibaba Cloud will terminate these Terms of Service and stop providing the Service to you. All your data stored on Alibaba Cloud will be deleted and cannot be recovered.

2.5. You understand and agree that Alibaba Cloud has the right to adjust the OpenSearch service, including but not limited to adjustments to the service system, service name, pricing system, or billing method. Alibaba Cloud shall use commercially reasonable endeavors to inform you of the foregoing adjustments and changes in advance by posting announcements on the official website, sending internal messages, sending text messages to your mobile number, or other means.

2.6. You fully understand that Alibaba Cloud has the right to offer promotional discounts based on its own business promotion needs. All promotional discounts and complimentary service items are one-time special offers provided by Alibaba Cloud. These special offers do not include the modification, update, or maintenance costs of the complimentary service items, and the complimentary service items cannot be converted to offset the service price.

3.Rights and obligations

3.1. Your rights and obligations

3.1.1. You agree to abide by these Terms of Service and relevant management specifications and procedures on the service display page. You understand that the content of the foregoing agreements and specifications may be modified from time to time. If any content of these Terms of Service is modified, Alibaba Cloud shall remind you of the modified content by posting an announcement on an appropriate page of www.alibabacloud.com 30 days in advance. If you do not agree to a modification made by Alibaba Cloud to the relevant terms of these Terms of Service, you have the right to stop using the Service provided by Alibaba Cloud. In such cases, you shall export the relevant business data and settle the service fees with Alibaba Cloud. If you continue to use the Service, this shall signify that you have accepted the modification made by Alibaba Cloud to the relevant terms of these Terms of Service.

3.1.2. You shall pay the corresponding service fees in accordance with the page prompts of Alibaba Cloud and as agreed in these Terms of Service.

3.1.3. You warrant that:

3.1.3.1. The data you use the OpenSearch service to store and search shall serve normal business, scientific research, or other activities that comply with national laws and regulations. If required, you shall obtain relevant permissions or approval, and shall comply with the latest applicable national and local laws and regulations.

3.1.3.2. Unless expressly permitted by Alibaba Cloud, you shall neither modify, translate, adapt, lease, sublicense, transmit, or transfer on information networks the software provided by Alibaba Cloud, nor reverse engineer, decompile, or try other means to discover the source code of the software provided by Alibaba Cloud.

3.1.3.3. Where the Service provided by Alibaba Cloud involves the licensing of third-party software, you shall agree to abide by the relevant licensing agreement.

3.1.3.4. You will not distribute email advertisements or spams, and will not use the Service provided by Alibaba Cloud to distribute undesirable or unsolicited emails, online advertising, or emails that contain harmful information such as reactionary or pornographic information.

3.1.3.5. You will not use the resources and Service provided by Alibaba Cloud to upload, download, store, or publish the following information or content, or facilitate others to publish such information, including but not limited to setting URLs and banner links:

3.1.3.5.1. Political propaganda and/or news information in violation of national regulations;

3.1.3.5.2. Information that involves national secrets and/or security;

3.1.3.5.3. Feudal and superstitious and/or obscene, pornographic, and indecent information or information that abets crimes;

3.1.3.5.4. Information related to illegal Internet publishing activities, such as lottery prizes, gambling gaming, private servers, and plug-ins;

3.1.3.5.5. Information that violates national ethnic and religious policies;

3.1.3.5.6. Information that hinders the security of Internet operation;

3.1.3.5.7. Information or content that infringes upon the legitimate interests of others and/or impairs social order, social security, and public morality;

3.1.3.5.8. Other content in violation of laws, regulations, departmental rules, or national policies.

3.1.3.6. You will not build or use relevant equipment or configurations to run programs or processes that are not related to the Service, or deliberately write malicious code to occupy a large amount of cloud computing resources such as server memory, CPU resources, or network bandwidth resources on the platform composed of the OpenSearch service, network bandwidth resources, and storage space (hereinafter referred to as "cloud platform"). Such behavior will cause overload for networks or servers (including but not limited to local, non-local, and international networks and servers) and services or applications of the cloud platform or other users, affect the smooth connection between Alibaba Cloud and the Internet, between Alibaba Cloud and specific networks and servers, or within Alibaba Cloud, cause the breakdown or crash of the products and services on the cloud platform or the servers that host other users' websites, or make the products or applications on the cloud platform inaccessible.

3.1.3.7. You will not perform any act that undermines or attempts to undermine network security, including but not limited to phishing, hacker attacks, network frauds, injection of or suspected involvement in the spreading of viruses, Trojan horse, and malicious code to websites or cyberspace, and suspected involvement in attack behavior, such as scan, sniffers, ARP spoofing, and DDoS, against other websites and servers by using virtual servers.

3.1.3.8. You will not change or attempt to change the system configuration provided by Alibaba Cloud or sabotage network security.

3.1.3.9. You will not use the Service provided by Alibaba Cloud to conduct any activities that impair the legitimate interests of Alibaba Cloud, Alibaba Cloud affiliates, or any company or website within Alibaba Group, including but not limited to Alibaba, Taobao, Alipay, Alimama, and Ant Financial (hereinafter collectively referred to as "Alibaba Group"). The behaviors that impair the legitimate interests of Alibaba Group and its websites include but are not limited to violations of any agreement or terms, management norms, or trading rules published by Alibaba Group, and behaviors that damage or attempt to damage the fair-trade environment or normal trade order of Alibaba Group.

3.1.3.10. You will not perform any other act that violates laws, regulations, or these Terms of Service of Alibaba Cloud.

3.1.3.11. If Alibaba Cloud discovers that you violate any of the preceding terms, it has the right to take appropriate measures based on the circumstances, including but not limited to immediate deletion of the corresponding information or termination or suspension of the Service. If your violation of the preceding terms causes losses to Alibaba Cloud, including its affiliates, or Alibaba Cloud partners, you shall also assume all legal liabilities and compensate for the losses.

3.1.3.12. If a third-party organization or an individual raises questions or complaints against you, Alibaba Cloud will notify you that you shall offer an explanation and provide supporting evidence within the specified time. If you fail to provide evidence to the contrary or give feedback within the time limit, Alibaba Cloud will take measures including but not limited to immediate deletion of the corresponding information or termination or suspension of the Service. If you are not reached due to your failure to update the contact information in a timely manner or invalid contact information, this shall be deemed that you have failed to give feedback within the time limit.

3.1.3.13. Alibaba Cloud shall not take any responsibility for your losses caused by the appropriate measures taken by Alibaba Cloud in accordance with the terms 3.1.3.11 and 3.1.3.12, including but not limited to deletion of the corresponding information or suspension or termination of the Service.

3.1.4. You shall not install or use pirated software in the Service or on the cloud platform provided by Alibaba Cloud. You are fully responsible for the consequences of your own actions, such as using self-installed software and performing unauthorized operations.

3.1.5. You are responsible for the integrity and confidentiality of the data that you store on the cloud platform provided by Alibaba Cloud as well as the security tokens and passwords that you use to access and manage various products and services on the cloud platform. You are liable for the losses and consequences that result from the loss or leakage of the said data, security tokens, and passwords due to your improper maintenance or improper confidentiality.

3.1.6. You shall submit to Alibaba Cloud a list of contacts who implement these Terms of Service and persons who manage the products and services on the user network and cloud platform, and provide necessary assistance. If any of the foregoing contact information changes, you shall update the changed information online and notify Alibaba Cloud at the earliest opportunity. You shall be liable for the consequences of providing false, inaccurate, or incomplete contact information as well as the consequences that arise from the acts or omissions of these contacts.

3.1.7. 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 Measures for the Administration of Internet Information Services and Management Provisions on Electronic Bulletin Services in Internet, and provide such records if required by relevant national authorities during lawful investigations. You shall assume all legal liabilities that arise from your failure to retain relevant records as required.

3.1.8. You understand that Alibaba Cloud cannot guarantee that the Service it provides is flawless. For example, Alibaba Cloud security products cannot guarantee that your hardware or software is absolutely secure. However, Alibaba Cloud undertakes that it will continuously improve its service quality and service level. Therefore, you agree that, even if the Service provided by Alibaba Cloud has flaws and such flaws are unavoidable due to the current technology level in the industry, these flaws shall not be considered as breaches of agreement on the part of Alibaba Cloud. You agree to work with Alibaba Cloud to resolve such flaws.

3.1.9. You shall take on the obligation and responsibility to back up your data. Alibaba Cloud OpenSearch provides the data backup feature, but data backup is not an obligation of Alibaba Cloud. Alibaba Cloud does not guarantee the full backup of user data or take any responsibility for the backup of user data or consequences thereby incurred.

3.1.10. You shall carefully read the service description of OpenSearch on the Alibaba Cloud International site (alibabacloud.com) and follow the instructions when you perform operations, including but not limited to writing and using the code of OpenSearch in accordance with the relevant specifications to ensure your normal use of OpenSearch.

3.1.11. You shall upload the data that you want to process by using the OpenSearch service by yourself. You shall assume all liabilities for data leaks, data loss, and other risks in the upload process that are attributable to you.

3.2. Rights and obligations of Alibaba Cloud

3.2.1. Alibaba Cloud shall provide the Service to you in accordance with these Terms of Service and the service standards displayed on the product page.

3.2.2. During the term of service, Alibaba Cloud shall provide you with the following customer services:

3.2.2.1. Alibaba Cloud provides a 24/7 after-sales troubleshooting service for paying users, and provides valid contact information for paying users to ensure that they are able to reach the troubleshooting contact, who shall give feedback promptly after the issue is identified.

3.2.2.2. Alibaba Cloud provides a 24/7 online ticket service system to answer customers' questions during use.

3.2.3. Alibaba Cloud will eliminate failures that occur due to non-artificial operations, except for failures attributable to you and/or force majeure, and matters that are beyond the control of Alibaba Cloud.

3.2.4. Alibaba Cloud provides the technical support specified in these Terms of Service, but does not bear the consequences or losses attributable to you, including but not limited to poor code quality, management negligence, and ineffective security management.

3.2.5. Alibaba Cloud shall strictly abide by its confidentiality obligations.

4.Preservation, exposure, and deletion of user data

4.1. Your user data will be partially or fully disclosed to the following parties:

4.1.1. Disclosed to a third party with your consent.

4.1.2. Disclosed to a third party or administrative or judicial organs in accordance with the relevant legal provisions, or the requirements of such administrative or judicial organs.

4.1.3. Disclosed to a third party if you violate relevant Chinese laws and regulations.

4.1.4. Disclosed to and shared with a third party so that it can provide the software or services that you require.

4.2. Unless otherwise prescribed by law or agreed by and between Alibaba Cloud and you, Alibaba Cloud shall stop retaining your data upon the termination of the Service. You shall bear all consequences that arise from the deletion of your data.

5.Intellectual property rights

5.1. You shall make sure that the content submitted to Alibaba Cloud OpenSearch (including but not limited to data and algorithms), the use of the Service provided by Alibaba Cloud, and the results obtained from the use of the Service do not infringe upon the legitimate rights and interests of a third party. If a third party files a claim or lawsuit, or may file a lawsuit against Alibaba Cloud for copyright infringement, infringement upon the rights and interests of a third party, or violation of Chinese laws and regulations or other applicable laws, you shall bear all consequences and responsibilities arising from the claim or lawsuit and Alibaba Cloud shall not be held liable. If your behavior causes losses for Alibaba Cloud, you shall compensate Alibaba Cloud for the costs and losses thereby incurred.

5.2. If a third-party organization or an individual challenges or files a complaint concerning the ownership of intellectual property rights to the materials involved in your use of the Service provided by Alibaba Cloud, you shall produce evidentiary documents in your defense and cooperate with Alibaba Cloud in coping with such a complaint.

5.3. You acknowledge that the intellectual property rights to the information, technology or technical support, software, and services provided by Alibaba Cloud for you shall belong to Alibaba Cloud or a third party. You shall not copy, disseminate, transfer, license others to use, or provide others with the foregoing resources except with the express consent of Alibaba Cloud or a third party, otherwise you shall assume corresponding liabilities.

6.Confidentiality

6.1. "Confidential Information" refers to all technical and non-technical information disclosed by one party to the other, including but not limited to product information, product plans, prices, financial and marketing planning, business strategies, customer information, customer data, research and development information, software and hardware, APIs, technical descriptions, designs, special formula, and special algorithms.

6.2. Either party hereto agrees to hold the aforementioned Confidential Information of the other party in confidence, and to urge employees who have access to the Confidential Information to abide by the confidentiality obligations hereof. Unless required by a state organ in accordance with the law or the Confidential Information has entered the public domain, the party that receives the Confidential Information shall not disclose it to the public.

6.3. Both parties hereto acknowledge that the Confidential Information is their respective key confidential information and important assets, and agree to do their utmost to protect the Confidential Information from disclosure. If any of the Confidential Information is disclosed, both parties shall cooperate to take all reasonable measures to avoid or mitigate the consequences of damage.

6.4. This clause shall survive the termination of these Terms of Service.

7.Term and termination

7.1. The service term of OpenSearch shall start from the date on which you activate the Service and terminate in compliance with laws and regulations or under the circumstances agreed upon in these Terms of Service.

7.2. Alibaba Cloud will stop providing the OpenSearch service for you under the following circumstances:

7.2.1. The termination is agreed upon by the parties after negotiation.

7.2.2. You stop using the OpenSearch service.

7.2.3. Alibaba Cloud sends you an announcement on the International site (alibabacloud.com), a notice on the appropriate page on the International site (alibabacloud.com), an internal message, or a written notice to terminate the Service hereunder due to changes in its own business policies.

7.2.4. You are in serious violation of these Terms of Service, including but not limited to a.your failure to fulfill the payment obligation in accordance with these Terms of Service, and/or b.your serious violation of the commitments made in these Terms of Service, and/or c.your serious violation of laws and regulations. In such cases, Alibaba Cloud has the right to unilaterally terminate the Service in accordance with the relevant provisions hereof.

7.2.5. You understand and fully recognize that Alibaba Cloud has established and, as the technology develops, will continue to improve necessary technical measures to defend against matters or behaviors that endanger network security, including computer viruses, network intrusions, and attacks such as DDoS (hereinafter collectively referred to as "Such Behaviors"). Due to the limits and relativity of network security technology and the unpredictability of Such Behaviors, if you encounter Such Behaviors that bring harm to Alibaba Cloud or other networks or servers of Alibaba Cloud (including but not limited to local, non-local, and international networks and servers), or affect the smooth connection between Alibaba Cloud and the Internet, between Alibaba Cloud and specific networks and servers, or within Alibaba Cloud, Alibaba Cloud may decide to suspend or terminate the Service.

8.Liability for breach of contract

8.1. Either party hereto who violates these Terms of Service must assume the liability for breach in accordance with the law.

8.2. You understand that, in view of the particularity of computer and Internet services, Alibaba Cloud shall not be deemed to commit a breach of these Terms of Service under the following circumstances:

8.2.1. Alibaba Cloud needs to suspend the Service for a short time during server configuration or maintenance.

8.2.2. Access to your website is slowed down as a result of a blocked path on the Internet.

8.3. You may terminate the Service if the Service is unavailable for 72 consecutive hours for reasons attributable to Alibaba Cloud, except that the Service becomes unavailable for any reason beyond the control of Alibaba Cloud.

8.4. Alibaba Cloud shall not, under any circumstances, take responsibility for any indirect, consequential, punitive, contingent, or special damages, including the loss of profits that arise from your use of the Service provided by Alibaba Cloud, even if you have been notified of the possibility of such loss.

8.5. In no case shall the liability of Alibaba Cloud for liquidated damages due to the breach of these Terms of Service exceeds the total service fees corresponding to the defaulting service.

9.Force majeure

9.1. In the event that a force majeure event or any other unexpected event renders the performance of these Terms of Service impossible, unnecessary, or meaningless, the party that suffers the force majeure event or unexpected event shall not be held liable for this.

9.2. A force majeure or unexpected event refers to an objective event that is unpredictable, insurmountable, and unavoidable, and has a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, and plagues, and social events such as war, turmoil, governmental acts, interruption of trunk lines of communication, hacker attacks, network congestion, technological adjustments by telecom departments, as well as government regulations.

10.Governing law and dispute resolution

10.1. These Terms of Service shall be governed by the laws of the People's Republic of China.

10.2. Any dispute that arises during the fulfillment of these Terms of Service shall be settled by both parties in a timely manner based on negotiation. If no settlement is reached after negotiation, either party may file a lawsuit with the Xihu District People's Court of Hangzhou.

11.Supplementary provisions

11.1. The service description and price description of Alibaba Cloud on www.alibabacloud.com, and the order page that you have confirmed are an integral part of these Terms of Service. If the service description and price description of Alibaba Cloud on www.alibabacloud.com, and the order page that you have confirmed are inconsistent with these Terms of Service, these Terms of Service shall prevail.

11.2. Alibaba Cloud has the right to transfer all or part of its rights and obligations under these Terms of Service to its affiliates by posting an announcement on www.alibabacloud.com or by sending you an internal message or written notice 30 days in advance.

11.3. If any clauses, by nature or otherwise, should continue to exist upon the termination of these Terms of Service, these clauses shall be deemed to continue to exist. Such clauses include but are not limited to Warranty, Confidentiality, Intellectual property rights, and Governing law and dispute resolution.

11.4. Under these Terms of Service, Alibaba Cloud sends you notices in any of the following forms: website announcement, internal message, email, text message, or written notice. Such notices shall be deemed to have been received on the date of sending.