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Alibaba Cloud International Website Product Terms of Service

Last Updated: Jul 31, 2018

PLEASE READ THESE SERVICE TERMS CAREFULLY

(Version: July 2018)

These Alibaba Cloud International Website Product Terms of Service (the “Product Terms”) describe the general and specific terms and conditions applicable to your purchase and use of the products and services (the “Products”) offered or made available through the website currently located at the URL: www.alibabacloud.com (the “Alibaba Cloud Platform”). This document is a legally binding agreement between you as the purchaser and/or user of the Products and the Alibaba Cloud entity listed in Clause 2.1 below (“Alibaba Cloud”).

1. Application and Acceptance of the Product Terms

1.1 These Product Terms apply to your purchase and/or use of the Products on the Alibaba Cloud Platform.

1.2 By purchasing and/or using the Products, you agree to accept and be bound by these Product Terms. You may be required to enter into a separate agreement, whether online or offline, with Alibaba Cloud or Alibaba Cloud’s affiliate for i) use of the Alibaba Cloud Platform; or ii) purchase of the Products or any other products or services offered by Alibaba Cloud (“Additional Agreements”). If there is any conflict or inconsistency between these Product Terms and any Additional Agreement, the Additional Agreement shall take precedence over the Product Terms only in relation to the portion of the Products governed by the conflicting Additional Agreements.

1.3 Please do not purchase and/or use the Products if you do not agree and accept all of the Product Terms and/or Additional Agreements (if applicable).

1.4 You acknowledge and agree that Alibaba Cloud may amend the Product Terms at any time by posting the relevant amended and restated Product Terms on the Alibaba Cloud Platform. By continuing to use the Products after the posting of the amended and restated Product Terms, you agree that the amended Product Terms will apply to you.

2. Contracting Entity and Account

2.1 The Alibaba Cloud entity that you are contracting with in connection with your purchase or subscription of the Products is:

a) Alibaba Cloud (Singapore) Private Limited if you are a resident in or have indicated, at the time of registration of your Account (as defined in the Alibaba Cloud Membership Agreement), that your billing address is an address in any jurisdiction outside of Europe or the United States of America;

b) Alibaba Cloud US LLC if you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address in the United States of America; and

c) Alibaba.com (Europe) Limited if you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address within Europe.

2.2 Some Products or services of the Alibaba Cloud Platform may be offered or provided by Alibaba Cloud’s affiliates on behalf of Alibaba Cloud.

2.3 Some products, services, promotions, campaigns, service level agreements, guarantees, and/or other forms of offerings may only apply to customers in particular locations (including as may be described in the regional pages of the Alibaba Cloud Platform (the “Regional Offerings”). These Regional Offerings may be offered or provided by entities other than Alibaba Cloud. These Regional Offerings and the terms related thereto may not apply to you and/or the main Alibaba Cloud Platform. Unless otherwise specified, these Regional Offerings are not offered or provided by Alibaba Cloud and Alibaba Cloud is not liable for any matters related to the Regional Offerings. Likewise, the Products, services, promotions, campaigns, service level agreements, guarantees, and/or other forms of offerings of the Alibaba Cloud Platform (the “Alibaba Cloud Offerings”) may not apply to customers eligible for Regional Offerings and the offering entities of the Regional Offerings shall not be liable for these offerings unless otherwise specified. You are responsible for reviewing the terms and conditions for each Regional Offering and Alibaba Cloud Offering carefully before agreeing to participate, purchase, or use any of the Regional Offerings or Alibaba Cloud Offerings as the terms and conditions for each offering may differ. You agree that you shall be bound by our determination as to whether a particular product, service, promotion, campaign, service level agreement, guarantee, and/or other forms of offering constitutes a Regional Offering and/or an Alibaba Cloud Offering and the relevant terms applicable thereto. If you do not agree to the applicable terms and conditions, you shall cease your participation in, use, or purchase of the relevant offerings.

2.4 You must register as a member of the Alibaba Cloud Platform in order to purchase and/or use the Products. The registration and use of your account with the Alibaba Cloud Platform is governed by the terms of the Alibaba Cloud Membership Agreement. You shall ensure that any and all information you provide to Alibaba Cloud through the Alibaba Cloud Platform is true, accurate, correct, complete, and not deceptive, fraudulent or misleading.

3. General Product Terms

The following General Product Terms are applicable to the purchase and/or use of all Products offered on the Alibaba Cloud Platform:

3.1 Benefits, features and functions available to you for any of the Products may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available in all countries and regions or for all users. Alibaba Cloud may in its sole discretion limit, deny or create different level of access to and use of any the Products (or any features comprised therein) with respect to different users.

3.2 You must comply with the relevant technical documentation applicable to the Products as posted and updated by Alibaba Cloud from time to time at the Alibaba Cloud Platform. You further agree, as a continuing condition for your use of the Product, to abide by all licence terms and conditions of all third party software components, libraries and application programme interfaces comprised in any Product as from time to time notified on the Alibaba Cloud Platform.

3.3 Alibaba Cloud may launch, change, upgrade, impose conditions to, suspend, or stop offering any Product (or any features or functions within the Products), including sign-on procedures and requirements, and the manner of access to any Product (including any URLs used in connection therewith) without prior notice. Alibaba Cloud may also in its discretion, and after reasonable prior notice to you, relocate, suspend or cease operations at any data center. In the event of such relocation, suspension or termination of operations, you may need to change or update configurations of any affected Products, and will be responsible for any failure to change or update your configurations in the time period provided in the notice.

3.4 Alibaba Cloud reserves the right to monitor your purchase or use of the Products any time as needed to verify your compliance with the Product Terms, in accordance with our Privacy Policy. You agree that you shall not block or interfere with our monitoring.

3.5 You agree, upon Alibaba Cloud’s request, to cooperate with Alibaba Cloud to identify and resolve any problems with the Products that Alibaba Cloud reasonably believes to be attributable to you.

3.6 As a condition of your purchase and/or use of the Products, you agree that you will comply with all applicable laws and regulations for using the Products (including without limitation, any applicable data protection, import, re-import, export, strategic goods control, and re-export control laws, including any applicable license requirements, and international or country-specific sanctions programs). If Alibaba Cloud has reason to believe that any of your conduct violates the law, infringes or misappropriates the rights of any third party or is otherwise deceptive, fraudulent or misleading, Alibaba Cloud may at its sole discretion notify you of our awareness of such circumstances and may at its sole discretion take any relevant enforcement actions against you as deemed adequate and necessary in light of the circumstances, including but not limited to, requesting you to remove any unlawful content, disabling or suspending your right to use any Products, restricting your access to the Alibaba Cloud Platform, suspending or terminating your Account, etc. Notwithstanding any of the foregoing provisions, Alibaba Cloud shall have the right to directly remove any content on the Alibaba Cloud Platform that may be unlawful or may disrupt, threaten, or damage the operation and functioning of the Alibaba Cloud Platform or other users of the Alibaba Cloud Platform.

3.7 Alibaba Cloud may from time to time offer special terms or pricing programs for the Products (the “Special Programs”). Alibaba Cloud shall have the right to stop accepting any application for any Special Programs or discontinue the offering of any Special Programs without notifying you. You must agree to any terms and conditions for the Special Programs if you choose to participate in such.

3.8 Alibaba Cloud shall have the right to apply any upgrades or engage in any service maintenances any time as deemed necessary. Alibaba Cloud will use commercially reasonable endeavors to notify you in advance of any scheduled maintenance of the Alibaba Cloud Platform or the Products and you shall comply with any maintenance requirements for the Products that we notify you about.

3.9 Alibaba Cloud shall have the right to assign and/or novate any part of or all of the Terms (including any of our rights, titles, benefits, interests, obligations and duties in the Terms and this Agreement) to any person or entity (including any affiliates of Alibaba Cloud). Alibaba Cloud may by written notice to you (which may be posted on the Alibaba Cloud Platform) require such novation of the Terms or any part thereof, and you hereby irrevocably agree and consent to any such novation, whereupon Alibaba Cloud shall be released and discharged from all of its obligations under these Terms, as well as all claims, actions and demands arising under these Terms up to the time of such novation. You may not assign, in whole or part, any of the Terms (including this Agreement) to any person or entity.

3.10 Certain products may have specific payment terms. Please refer to the Alibaba Cloud Payment and Tax Terms provided on the Alibaba Cloud Platform for specific payment terms for the products that you purchased.

3.11 The service guarantees and any related performance commitments (the “Service Guarantees”) as provided in the Alibaba Cloud International Website Service Level Agreements (the “SLAs”) only apply to your purchase and use of the Products for a fee, and shall not apply to any free Products or trial Products provided by us.

3.12 Prior to August 31, 2018 (the “Initial Operations Period”), the Service Guarantees set out in any SLAs shall not apply to the purchase or use of resources provided by the Dubai, United Arab Emirates data center. During the Initial Operations Period, Alibaba Cloud shall use commercially reasonable efforts to provide the Products on an “as is” basis without Service Guarantees.

4. Product-Specific Terms

Without limiting the generality of the Product Terms, you further agree and undertake that the purchase and use of the Products identified hereunder is subject to the additional specific terms and conditions set forth hereunder, and depending on the Alibaba Cloud entity you contracted with for the Products, as also set forth in the addendum in respect of the Products identified therein:

4.1 Alibaba Cloud Elastic Compute Service (ECS)

a) If your subscription to Alibaba Cloud ECS service is to be used together with Alibaba Cloud Server Load Balancer, you shall ensure that you have purchased sufficient bandwidth for your Alibaba Cloud Server Load Balancer.

b) The Alibaba Cloud Anti-DDoS Service is one of the functions provided by Alibaba Cloud along with the Alibaba Cloud ECS service. Once you have purchased or subscribed to Alibaba Cloud ECS, Alibaba Cloud will provide the Anti-DDoS service to you. If you do not require the Anti-DDoS service, you may follow the relevant instructions as provided on the Alibaba Cloud Platform to unsubscribe or uninstall these functions. You further acknowledge and agree that the Alibaba Cloud Anti-DDoS service, although extensively tested, cannot guarantee to be fully compatible with all hardware or software systems or without fault. In the event of incompatibility or software fault, you may report the situation by calling Alibaba Cloud’s technical support. If such incompatibility cannot be resolved, you may stop using the Anti-DDoS Service.

c) You may access and/or use certain software developed and owned by Microsoft Corporation (“Microsoft”) or its licensors (the “Microsoft Software”) if you subscribed to the Alibaba Cloud ECS services together with certain bandwidth. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:

i. The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with Alibaba Cloud ECS;

ii. You may not transfer or use the Microsoft Software outside the Alibaba Cloud ECS services;

iii. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;

iv. You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;

v. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Alibaba Cloud ECS Service;

vi. Microsoft is not responsible for providing any support in connection with the Alibaba Cloud ECS Service. Please do not contact Microsoft for support; and

vii. You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft, its suppliers, and Alibaba Cloud disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.

d) You acknowledge and agree that internet traffic and connectivity is affected by numerous factors, including telecommunications infrastructure, regulatory policies and controls in countries around the world, and that Alibaba Cloud cannot and does not ensure that internet users in all regions can access web or mobile applications operating on your ECS services. In addition, you undertake not to use the ECS services in a manner which is intended to, or assists, any user, directly or indirectly to violate or evade law or policy in any jurisdiction.

e) You shall not, without the prior written approval of Alibaba Cloud, use the Alibaba Cloud ECS Service as an email server and/or provide SMTP services.

4.2 Alibaba Cloud Server Load Balancer

You need to subscribe to the use of Alibaba Cloud ECS before you can activate the Alibaba Cloud Server Load Balancer service.

4.3 Alibaba Cloud ApsaraDB for RDS (RDS)

a) You may access and/or use certain software developed and owned by Microsoft Corporation (“Microsoft”) or its licensors (the “Microsoft Software”) if you subscribed to the Alibaba Cloud RDS services together with certain bandwidth. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:

i. The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with Alibaba Cloud RDS services;

ii. You may not transfer or use the Microsoft Software outside the Alibaba Cloud RDS services;

iii. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;

iv. You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;

v. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Alibaba Cloud RDS Service;

vi. Microsoft is not responsible for providing any support in connection with the Alibaba Cloud RDS Service. Please do not contact Microsoft for support; and

vii. You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.

b) You may access and/or use certain software developed and owned by Enterprise DB Corporation (“Enterprise DB”) or its licensors (the “Enterprise DB Software”) if you subscribed to the Alibaba Cloud RDS services. If you choose to use the Enterprise DB Software, Enterprise DB and its licensors require you to agree to the following terms and conditions:

i. You shall not reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of the Enterprise DB Software;

ii. You shall not redistribute, encumber, sell, rent, lease, sublicense, misappropriate, or otherwise transfer rights to these properties (whichever applicable);

iii. You shall not remove or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels in these properties (whichever applicable); and/or

iv. You shall not use or access the other party’s software in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of such software.

4.4 Alibaba Cloud VPC (Virtual Private Cloud)

You understand and agree that your use of the Alibaba Cloud VPC is based on your individual and careful assessment and judgment and you are individually responsible for such, including but limited to:

a) during your use of Alibaba Cloud VPC, you are responsible for all consequences resulting from your own customization of the settings of the virtual path router / virtual switch / custom routing; and

b) during you use of Alibaba Cloud VPC, you are responsible for procuring and managing your own relevant equipment, such as dedicated-lines or virtual public network equipment.

4.5 Alibaba Cloud Open Cache Service

Your use of the Alibaba Cloud Open Cache Service may require you to have a certain amount of credit balance in your account. Please refer to the Alibaba Cloud Platform for specific details and updates of effective fees and payment schemes.

4.6 Alibaba Cloud KVStore Services

a) You need to subscribe for at least one (1) Alibaba Cloud ECS service before you can activate/use the Alibaba Cloud KVStore services; and

b) Your service period for Alibaba Cloud KVStore shall be deemed to commence on the day your subscription for KVStore is deemed to be successful by our notification to you, not the day you received your KVStore password.

4.7 Alibaba Cloud Object Storage Services (OSS)

Your use of Alibaba Cloud OSS shall be measured by your actual usage of storage services in 1-hour intervals. Please refer to the Alibaba Cloud Platform for specific details and updates of effective fees and payment schemes.

4.8 Alibaba Cloud Message Service

You acknowledge and agree that the messages and notifications that you saved in your account in connection with your use of Message Service will not be stored forever. You may elect to delete these messages and notifications yourself. You may also configure the number of days for these messages and notifications to be kept in your account. For messages, the maximum number of days of retention is 15. For notifications, the maximum number of days of retention is 1. After that, these messages and notifications will be automatically removed and Alibaba Cloud shall not be responsible for anything that arises out of the deletion of these messages and notifications.

4.9 Alibaba Cloud Content Delivery Network (CDN)

a) Your use of Alibaba Cloud CDN shall be measured by your actual traffic incurred upon service activation. Please refer to the Alibaba Cloud Platform for specific details and updates of effective fees and payment schemes.

b) You shall ensure that you have sufficient balance in your account in order for the CDN service to be continued.

c) If you intend to subscribe for Alibaba Cloud CDN resources based in the People’s Republic of China (the “PRC”), then you shall be solely responsible for arranging to completing any and all relevant registrations with the Ministry of Information Technology of the People’s Republic of China as required by the laws of PRC. Otherwise, Alibaba Cloud reserves the right to decline to provide or cease your use or subscription of the Alibaba Cloud CDN services anytime as deemed appropriate without any liability to you. You shall check your status of registration before using or subscribing for Alibaba Cloud CDN services for resources in the PRC.

d) Your use of the Alibaba Cloud CDN shall be subjected to the product specifications, limitation, and descriptions in the relevant product description page (the “CDN Descriptive Terms”) on the Alibaba Cloud Platform. In the event of any inconsistency between these Product Terms and the CDN Descriptive Terms, these Product Terms shall prevail.

e) You acknowledge and agree that your use of Alibaba Cloud CDN is subject to the traffic limitations preset by Alibaba Cloud. If your traffic exceeds Alibaba Cloud’s limit, Alibaba Cloud reserves that right to limit or suspend your use of Alibaba Cloud CDN services.

4.10 Alibaba Cloud Anti-DDoS, Anti-DDoS Pro, and Anti-DDoS Premium

a) You acknowledge and agree that the Distributed Denial of Services (DDoS) protection offered by Alibaba Cloud is subject to a certain traffic limit and the performance of the Products that you subscribed to may be affected once traffic in your Products (e.g. ECS, RDS) is approaching or near this limit. Your use of the Product may be suspended or interrupted if your traffic exceeded this limit. You shall clear or redirect any abnormal/problematic traffic or path of traffic to ensure that traffic to your Product does not exceed this limit.

b) Alibaba Cloud will not notify you if Anti-DDoS detects that your traffic is approaching or nearing this limit, but you may configure your setting of Anti-DDoS to require Alibaba Cloud to notify you when traffic to your Product approaches a threshold set by you. If you need a higher traffic limit, you will need to subscribe for an upgrade for your relevant Product that caters for such higher traffic limit.

c) You shall not:

i. Through Alibaba Cloud Anti-DDoS offer DDoS protection Services to any third parties;

ii. Resell, directly or indirectly, Alibaba Cloud Anti-DDoS Services in part or in full; and/or

iii. Separate/segregate the components of Alibaba Cloud Anti-DDoS to be used for any purpose.

4.11 Alibaba Cloud CloudMonitor (CM)

You acknowledge and agree that the Alibaba Cloud CloudMonitor services are provided to you in accordance with the product usage manual pre-determined by Alibaba Cloud (the “CloudMonitor Manual”) and you shall abide by the terms and specifications of the CloudMonitor Manual in connection with your use of CM. Alibaba Cloud shall not be responsible for any loss, damages, interruption, suspension, or any other problems that arise out of your use of Alibaba Cloud CloudMonitor services that is not in accordance with the terms of CloudMonitor Manual.

4.12 Alibaba Cloud Distributed Relational Database Service

a) You shall have subscribed to Alibaba Cloud RDS in order to be able to use Alibaba Cloud Distributed Relational Database Service.

b) Your service period for Alibaba Cloud Distributed Relational Database Service shall be deemed to commence on the day your subscription for DRDS is deemed to be successful, not the day you received your Distributed Relational Database Service password.

c) The scope of Distributed Relational Database Service services include only the Distributed Relational Database Service services and related technologies and network services as depicted on the Alibaba Cloud Platform. Any free trial services offered along with Distributed Relational Database Service, including but not limited to data storage expansion, distribute secondary index services, data loading, and etc., are not part of the Distributed Relational Database Service services and Alibaba Cloud does not assume any liability for your use of any such free trial services.

d) Any free, trial-use of the Alibaba Cloud Distributed Relational Database Services is not entitled to any service level guarantees.

4.13 Alibaba Cloud Server Guard Service

a) Your use of Alibaba Cloud Server Guard Service may entitle you to certain virus or malware detection and removal services in respect of known viruses or malware. Alibaba Cloud does not warrant that the Alibaba Cloud Server Guard Service will detect, capture, quarantine, address or remove all viruses, threats or malware in your files or data.

b) YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ALIBABA CLOUD SERVER GUARD SERVICE MAY RESULT IN REMOVAL OF FILES OR DATA THAT YOU STORE IN OUR SERVERS, EVEN IF NOT INTENTIONALLY MARKED FOR DELETION OR DESTRUCTION BY YOU. YOU SHALL AT ALL TIMES MAKE THE APPROPRIATE REDUNDANCY OR BACKUP MEASURES FOR ANY AND ALL DATA AND INFORMATION YOU STORED IN OUR SERVERS.

c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA CLOUD DISCLAIMS ANY LIABILITIES, LOSSES OR DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH YOUR USE OF ALIBABA CLOUD SERVER GUARD SERVICE UNLESS OTHERWISE PROVIDED BY THESE TERMS AND THE TERMS AND CONDITIONS OF THE ADDITIONAL AGREEMENTS.

d) Some features of Alibaba Cloud Server Guard Service may record a log of your I.P. addresses when you login to your user account. Alibaba Cloud Server Guard Service may but does not undertake to notify you in the event of any irregular or abnormal log-in behavior (e.g. logging in from I.P. addresses in different locations in a very short period of time) with your account. You consent to our recording and logging of your I.P. address by using the Alibaba Cloud Server Guard Service.

4.14 Encryption Service

a) You will be provided with a device for encrypting and decrypting the file and you shall be responsible for managing and maintaining this device. Alibaba Cloud shall not be liable for any consequences that you may suffer as a result of your loss or damage of this device. Alibaba Cloud reserves the right to decline to provide any replacement device to you.

b) You shall be responsible for maintaining the completeness and confidentiality of any access keys or passwords provided to you in connection with your use of the Encryption Service. Alibaba Cloud shall not be responsible for any loss of data, irreversible encryption of files, or damages of any kind that you may suffer as a result of your failure to properly maintain the completely or confidentiality of your access keys or passwords.

c) Alibaba Cloud may not perform any backups of any files for you. You are solely responsible for your own backup configurations.

4.15 Alibaba Cloud Web Application Firewall

a) You acknowledge and agree that your use of the Alibaba Cloud Web Application Firewall services may involve analysis of traffic and record of access log, and there may be occasions or instances where the operation of your web application may be affected, and Alibaba Cloud shall not be liable for any liabilities, losses or damages that you may incur as a result of your web application’s operation being affected.

b) Alibaba Cloud does not guarantee or warrant that the Alibaba Cloud Web Application Firewall Service will scan or detect all issues, threats, vulnerabilities or problems in your web applications.

4.16 Alibaba Cloud Analytic Database Service

You may be allowed to authorize one or more third parties to use the Alibaba Cloud Analytic Database Service in part or in full. You acknowledge and agree that any and all acts done by such third parties as a result of your authorization will be deemed to be done by you and you shall assume any and all liabilities, losses or damages for any matters, including but not limited to payment of service fees, that arise out of such third parties’ use of your Alibaba Cloud Analytic Database Service.

4.17 Alibaba Cloud Resources Access Management (RAM)

a) You may use RAM to create and define different sets of security and access right credentials (the “Credentials”) under your Alibaba Cloud membership account. The format of the Credentials may include user names, passwords, roles, policies, permissions, access keys, and/or security tokens. You may change the configurations of the security and access rights under your account anytime, but you acknowledge and agree that, in the event that Alibaba Cloud has reason to determine that a change is necessary in our reasonable discretion (i.e. for security purposes), we may change the security and access rights too. Alibaba Cloud will use commercially reasonable endeavors to notify you of any change that we make as soon as possible;

b) You shall be responsible for ensuring all Credentials that you created complies with the terms, policies and rules of the Alibaba Cloud websites;

c) You shall be liable for all activities happening in the Credentials created by you;

d) You shall be responsible for maintaining secrecy of all Credentials that you created;

e) You acknowledge and agree that any third party identify authentication provider that you use in connection with RAM is provided directly to you by such party and Alibaba Cloud shall assume no responsibility for their services. Alibaba Cloud reserves the right to change or cease to support any identify authentication provider for any reason without notification to you.

4.18 Alibaba Cloud Auto Scaling Services

a) You acknowledge and agree that Alibaba Cloud may launch additional or terminate Alibaba Cloud ECS instances based on the criteria or conditions that you set.

b) You shall be responsible for payment of all fees incurred in connection with your use of Auto Scaling Services regardless of the results of your use of the Auto Scaling Services and you shall ensure that you have sufficient funds for payment after you configured the setup of the Auto Scaling Services.

4.19 Alibaba Cloud Personalized Recommendation Engine Service

You acknowledge and agree that Alibaba Cloud makes no representation or warranties on the suitability or fitness for purposes for any recommendations made to you via your use of the Personalized Recommendation Engine Services.

4.20 Alibaba Cloud E-MapReduce Service

a) You will subscribe to the Alibaba Cloud ECS service while you subscribe to the Alibaba Cloud E-MapReduce service. In addition to the fees of Alibaba Cloud E-MapReduce service, you are also responsible for payment of the separate fees for Alibaba Cloud ECS. You may also choose to subscribe to Alibaba Cloud OSS service and pay separate fees for Alibaba Cloud OSS.

b) You shall be responsible for payment of all fees incurred in connection with your use of Alibaba Cloud E-MapReduce regardless of the results of your use of Alibaba Cloud E-MapReduce.

c) We may collect certain information about computing jobs you run using Alibaba Cloud E-MapReduce. You hereby grant us the right to collect such information, including but not limited to CPU utilization, memory usage, I/O performance, and error and information messages generated by computing jobs and services.

d) We may suspend or terminate your computing jobs if we determine that such jobs degrade the performance of Alibaba Cloud E-Map Reduce, the Products or any component thereof. The status and result of your computing jobs are your sole responsibility. We do not guarantee the result of your computing jobs nor any loss or corruption of data during your computing jobs.

4.21 Alibaba Cloud Data Transmission Service

You shall ensure that you comply at all times with any personal data privacy laws and regulations, including but not limited to obtaining end user and/or data subject consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of the Data Transmission Service.

4.22 Alibaba Cloud API Gateway

a) You may use Alibaba Cloud API Gateway to release, maintain, and manage your API.

b) We do not guarantee and it is your sole responsibility for the performance, reliability and security of all your APIs.

c) You acknowledge and agree that your use of Alibaba Cloud API Gateway is subject to the preset requests per second limitation for each API group. Your requests would be refused if you exceed such request limitation.

4.23 Alibaba Cloud Resource Orchestration Service (ROS)

a) Alibaba ROS enables you to create Alibaba Cloud resources according to the template that you provide. You may also create your templates based on the sample templates provided by Alibaba Cloud. You acknowledge any sample templates provided by Alibaba Cloud are provided as is and you are solely responsible for your use of the sample templates.

b) You acknowledge and agree Alibaba may store the templates and the parameters of the templates that you upload.

c) You confirm to purchase the Alibaba resources as posted in the templates, and you agree to be responsible for any and all the fees incurred for the Alibaba resources arising from or in connection with the ROS regardless of the overall resource orchestration result in the template.

4.24 Alibaba Cloud MaxCompute

a) You shall be responsible for arranging to upload any and all data and information as you require to be processed in connection with your use of MaxCompute. Alibaba Cloud shall not be liable for inability to use MaxCompute for any reason or fault attributable to you. You shall be responsible for payment of all fees incurred in connection with your use of MaxCompute regardless of the results of your use of MaxCompute.

b) We may collect certain information about computing jobs you run using Alibaba Cloud MaxCompute. You hereby grant us the right to collect such information, including but not limited to CPU utilization, memory usage, I/O performance, and error and information messages generated by computing jobs and services.

4.25 Alibaba Cloud Data IDE

You must subscribe to the Alibaba Cloud MaxCompute prior to your subscription of the Alibaba Cloud Data IDE service. You are also responsible for payment of the separate fees for Alibaba Cloud MaxCompute.

4.26 Alibaba Cloud ApsaraVideo for Live (ApsaraVideo)

a) You are required to subscribe to the Alibaba Cloud CDN and OSS products in order to use the ApsaraVideo service. You acknowledge and agree that your use of the ApsaraVideo service is subject to the traffic and storage limitations that Alibaba Cloud may impose from time to time. If your traffic or storage exceeds such limits, Alibaba Cloud reserves the right to limit or suspend your use of ApsaraVideo services.

b) You shall be solely responsible for complying with all applicable laws in relation to your use of the ApsaraVideo service in each jurisdiction in which your services will be offered, and the lawful operation of your services, including without limitation obtaining any and all relevant and/or required registrations, licenses, permits, consents from all applicable government or regulatory authorities, and all applicable third parties licences or consents. You shall not infringe or otherwise procure, authorise, abet or encourage the infringement or violation of any third party’s intellectual property rights or other proprietary right or rights of publicity and privacy or other rights recognized at law through your use of the ApsaraVideo service. Without prejudice to any other rights or remedies of Alibaba Cloud, Alibaba Cloud has the right to terminate, decline to provide or cease your use or subscription of the ApsaraVideo services and/or remove any content stored on Alibaba Cloud’s systems associated with your use of the ApsaraVideo services if Alibaba Cloud determines that you have breached or are likely to breach the terms applicable to your use of ApsaraVideo set forth herein, without any liability to you. You shall fully indemnify Alibaba Cloud from and against any and all losses, costs, damages, claims or proceedings Alibaba Cloud may suffer or become subject to in connection with any breach of your aforesaid obligations.

c) You agree and acknowledge that the ApsaraVideo service is offered subject to the product specifications, limitations, and descriptions in the relevant product description page (the “ApsaraVideo Descriptive Terms”) on the Alibaba Cloud Platform. In the event of any inconsistency between these Product Terms and the ApsaraVideo Descriptive Terms, these Product Terms shall prevail.

4.27 Alibaba Cloud Web Hosting Service (Web Hosting)

a) In your purchase of Alibaba Cloud Web Hosting Service, you acknowledge that your website(s) will be hosted on one or more servers, and that computing and technology resources are shared among many customers on the same servers.

b) You shall not use the Web Hosting Service to engage in any of the following activities:

i. using servers or your website(s) as the source, intermediate, reply to address or destination address for spam emails, email bombs, Internet packet flood attacks, packet corruption, denial of service attacks, or any other form of net abuse, or to perform any other illegal, fraudulent or abusive activities;

ii. activities threatening or adversely impacting the stability of our network, or causing server loads beyond reasonable levels, as determined in our discretion;

iii. hacking or any other activities related to security breaches;

iv. using any website as an anonymous gateway, open relay, or for similar purposes;

v. disseminating or transmitting any material that may be perceived as offensive, malicious vulgar, defamatory, abusive, racist, deceptive or fraudulent;

vi. running public recursive DNS services on any of our servers;

vii. subleasing or reselling the Web Hosting Services or similar activities; or

viii. using the Web Hosting Service as a repository or tool to store files.

c) Your website(s) may not contain any of the following content: (1) image hosting scripts that allows anonymous users to upload images for display on another website; (2) banner ad services that display ads on another website(s) or device(s) (commercial banner ad rotation); (3) file storage/mirror scripts that allow anonymous users to upload files for download by other users; (4) commercial audio streams (more than one or two audio streams); (5) one-click email sending scripts that allow users to specify the recipient email addresses; (6) anonymous or bulk text message gateways; (7) backup for the content of other computers or websites; (8) bitstream trackers; or (9) any script that degrades the performance of our servers or network environment.

d) It is your sole responsibility to take appropriate measures to: (1) provide, update, upload, and maintain your website(s) and server(s); (2) protect the content of your website(s) against any loss or damage; (3) keep independent archives and backup copies of the content on your website(s) and server(s); and (4) ensure security, confidentiality, and integrity of all website or server content that you transmit through or store on our servers.

e) If the traffic to your website(s), the number of websites you have, or the disk space used by your website(s) affect the stability, performance, or normal operation of our servers, data storage, network, or other infrastructure, we retain the right to take measures to limit the resources used by any of your websites.

f) We reserve the right to limit, remove or suspend any services that violate any of the above restrictions.

4.28 Alibaba Cloud DirectMail Service

a) You shall use a domain name that you legally hold and is approved by Alibaba Cloud as the domain name for the DirectMail Service, and shall carry out configurations (including but not limited to SPF, MX, etc.) as required by the DirectMail Service. Alibaba Cloud reserves the right to suspend or terminate the DirectMail Service in the event that you alter the configurations of the domain name in a manner which is no longer in compliance with these requirements.

b) You understand that there are restrictions in functionality and specifications (including but not limited to the number of domain names and mailing addresses supported, the maximum number of e-mails to be sent, the number of mail tags, the number of mail templates, etc.) of the DirectMail Service and agree to such restrictions.

c) We may store and scan your e-mails for purpose of preventing and blocking “spam” e-mails and other harmful or unwanted items from being sent over the DirectMail Service. We may decline to send any e-mail if in our sole discretion we determine that your e-mail may be abusive or low quality (such as “spam”).

d) You are solely responsible for the validity of email addresses (including the sending address, the reply address, and the recipient’s address) used in the DirectMail service. The e-mails you send through the DirectMail Service are limited to ones that have been subscribed to by the recipients, and the body of the email shall provide a clear method for unsubscription.

e) Your e-mails may be blocked or prevented from being delivered by destination email servers and other reasons out of our control. Your payment obligation for the DirectMail Service remains regardless of whether delivery of any of your e-mails is prevented, delayed or blocked. In addition, the proportion of hard bounced failed e-mails caused by invalid recipient addresses shall not exceed the upper limit set by Alibaba Cloud.

f) You hereby agree and confirm that you are responsible for the completeness and for maintaining the confidentiality of your Alibaba Cloud account and password, and the codes and passwords for accessing and managing the DirectMail service. You shall be liable for all losses and consequences arising from your account codes and passwords, and Alibaba Cloud shall not be responsible for any loss or damage relating thereto.

4.29 Alibaba Cloud DNS Service

a) You represent and warrant that you legally hold and have all necessary rights to use the domain name used for the Alibaba Cloud DNS service (the “DNS Service”).

b) You agree to use the DNS Service in accordance with the technical documentation published on the Alibaba Cloud International Website. You understand that there are restrictions in functionality and specifications (including but not limited to the number of changes of domain names, Geo DNS, DNS Traffic Protection QPS, etc.) of the DNS Service and agree to such restrictions.

c) Alibaba Cloud reserves the right to suspend or terminate the DNS Service if your DNS traffic exceeds the DNS Traffic Protection QPS you have purchased, or due to potentially excessive burden or adverse impact on the servers, systems, processing power or other functionality of Alibaba Cloud or Alibaba Cloud users.

d) Alibaba Cloud provides both free and paid DNS Services. If your domain name is registered using the Alibaba Cloud Domain Name Registration Service, when you switch between the free and paid DNS Service, you acknowledge and authorize Alibaba Cloud to update the name server information on your behalf. You further acknowledge and agree that the name server may not be successfully updated by Alibaba Cloud if you have set up certain client update restrictions during your use of the Alibaba Cloud Domain Service.

4.30 Alibaba Cloud Certificate Service

Prior to using the Alibaba Cloud Certificate Service, you must (1) submit a certificate or certificate service application in a form approved by Alibaba Cloud and the applicable certificate issuer, (2) agree to the subscription agreement provided by the certificate issuer where applicable, (3) successfully undergo a verification of the information submitted by you; and (4) respond to any Alibaba Cloud or applicable certificate issuer’s request for additional relevant information.

4.31 Alibaba Cloud E-HPC Service

a) You are responsible for payment of all fees incurred in connection with your use of the Alibaba Cloud E-HPC. The status and result of your computing jobs are your sole responsibility. We do not guarantee the result of your computing jobs nor any loss or corruption of data during your computing jobs.

b) We may collect certain technical information about computing jobs you run using Alibaba Cloud E-HPC. You hereby authorize us to collect such information, including but not limited to CPU utilization, memory usage, I/O performance, and error and information messages generated by computing jobs and services.

c) We may suspend or terminate your computing jobs if we determine that such jobs degrade the performance of the Alibaba Cloud E-HPC, the Products or any component thereof.

4.32 Alibaba Cloud Quick BI Service

a) You represent and warrant that you have all the rights to the data you upload or share on the Alibaba Cloud Quick BI Service (the “Quick BI Service”) for the purpose of using the Quick BI Service. The data you upload or share on the Quick BI Service shall be deemed to be “Member Content” as defined in the Membership Agreement and you shall abide by the terms applicable to such Member Content therein.

b) You understand and agree that if you enable certain functions of the Quick BI Service which permit public sharing of the data or in shared areas available to others, anyone with whom you have shared the data may use, save, reproduce, distribute, display, and transmit such data freely.

c) You may be able to access third-party websites or services via the Quick BI Service. Alibaba Cloud is not responsible for third-party websites, services, or material available through those third-party services. You are solely responsible for your dealings with third parties (including advertisers). Your use of third-party websites or services may be subject to that third party’s terms and conditions. You agree that you have all rights necessary to upload or share data from third parties.

d) You agree and acknowledge that subject to your ownership of Member Content, Alibaba Cloud shall own all Intellectual Property Rights in and to the end products created via your use of the Quick BI Service (including analytics results, models, visualisations and/or workbooks).

e) You are solely responsible for the data modelling carried out using the Quick BI Service (including setting of parameters) and accordingly you bear all responsibility and risk in relation to your use of the Quick BI Service (including all end products created thereto). You agree and acknowledge that Alibaba Cloud does not warrant the accuracy or completeness of the end products created using the Quick BI Service and you rely on the same at your own risk.

f) You warrant, represent and undertake that you shall (a) provide any necessary notice to, and obtain any necessary consent from relevant third parties (including individuals) for the collection, use, processing, disclosure, and storage of your data (including by us), and (b) collect, use, transfer, store and share your data in accordance with all applicable laws.

g) You acknowledge and agree that Alibaba Cloud is processing any personal data within the data submitted through the Quick BI Service for and on your behalf, and that you remain responsible for complying with applicable data protection laws, requirements and obligations in relation to such personal data.

h) You may only use such end products for your internal business operation purposes.

4.33 Alibaba Cloud ApsaraVideo for Media Processing Service (MPS)

a) You are required to subscribe to the Alibaba Cloud OSS product in order to use the Alibaba Cloud ApsaraVideo for Media Processing Service (MPS). MPS does not provide file storage service, and it is your sole responsibility to store and backup your transcoded files.

b) You shall be solely responsible for complying with all applicable laws in relation to your use of MPS in each jurisdiction, including obtaining any and all relevant and/or required registrations, licenses, permits, consents from all applicable government or regulatory authorities, and all applicable third parties licenses or consents. You shall not infringe or otherwise procure, authorize, abet or encourage the infringement or violation of any third party’s intellectual property rights or other proprietary right or rights of publicity and privacy or other rights recognized at law through your use of MPS.

c) Without prejudice to any other rights or remedies of Alibaba Cloud, Alibaba Cloud has the right to terminate, decline to provide or cease your use or subscription of MPS and/or remove any content stored on Alibaba Cloud’s systems associated with your use of MPS if Alibaba Cloud determines that you have breached or are likely to breach the terms applicable to your use of MPS set forth herein, without any liability to you. You shall fully indemnify Alibaba Cloud from and against any and all losses, costs, damages, claims or proceedings Alibaba Cloud may suffer or become subject to in connection with any breach of your aforesaid obligations.

4.34 Alibaba Cloud Simple Application Server

a) The Alibaba Cloud Anti-DDoS Service is one of the functions provided by Alibaba Cloud along with the Alibaba Cloud Simple Application Server service. Once you have purchased or subscribed to Alibaba Cloud Simple Application Server service, Alibaba Cloud will provide the Anti-DDoS service to you. You further acknowledge and agree that the Alibaba Cloud Anti-DDoS service, although extensively tested, cannot guarantee to be fully compatible with all hardware or software systems or without fault. In the event of incompatibility or software fault, you may report the situation by calling Alibaba Cloud’s technical support.

b) You may access and/or use certain so Microsoft Software if you subscribed to the Alibaba Cloud Simple Application Server service together with certain bandwidth. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:

i. The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with Alibaba Cloud Simple Application Server service ;

ii. You may not transfer or use the Microsoft Software outside the Alibaba Cloud Simple Application Server service;

iii. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;

iv. You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;

v. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Alibaba Cloud Simple Application Server service ;

vi. Microsoft is not responsible for providing any support in connection with the Alibaba Cloud Simple Application Server service . Please do not contact Microsoft for support; and

vii. You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft, its suppliers and Alibaba Cloud disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.

c) You acknowledge and agree that internet traffic and connectivity is affected by numerous factors, including telecommunications infrastructure, regulatory policies and controls in countries around the world, and that Alibaba Cloud cannot and does not ensure that internet users in all regions can access web or mobile applications operating on your Alibaba Cloud Simple Application Server services. In addition, you undertake not to use the Alibaba Cloud Simple Application Server services in a manner which is intended to, or assists, any user, directly or indirectly to violate or evade law or policy in any jurisdiction.

d) You shall not, without the prior written approval of Alibaba Cloud, use the Alibaba Cloud Simple Application Server services as an email server and/or provide SMTP services.

4.35 Alibaba Cloud Image Search Solution

a) You are aware that your use of Alibaba Cloud Image Search Solution requires Alibaba Cloud to create vector based templates for query image and image gallery you upload to Alibaba Cloud’s servers on your behalf to be able to single out and display the images in your image gallery similar to your query image.

b) You acknowledge and agree that Alibaba Cloud may process those vector based templates to create anonymous models and use such models to improve its image search solution query algorithm. You are responsible and warrant to Alibaba Cloud that the processing of any personal data in the query image and image gallery to create anonymous models is not incompatible with the purposes you or the creator of the images you upload may have specified.

4.36 Alibaba Cloud Security Services

a) The Alibaba Cloud Security Services comprise the Managed Security Service of Anti-DDos & Web Application Firewall(WAF), Managed Security Service, Security Incident Response Service, and the Security Assessment Service. The Alibaba Cloud Security Services will only apply to and cover the systems described in service descriptions provided for each of the Security Services.

b) Access to Account Details

i. In order to provide you with the Alibaba Cloud Security Services, you may be required to provide us with your account details (including username and password) for your Alibaba Cloud sub-accounts and/or third party servers, systems and/or data for us to access such accounts, servers, systems and/or data. We will then log in to your accounts and/or servers to provide and implement the Alibaba Cloud Security Services. You hereby expressly authorize, consent to, and permit us to use and store such information to provide the Alibaba Cloud Security Services (including Anti-DDoS and WAF product deployment, security monitoring, configuration change management, security policy optimization, product fault response, server security maintenance, servers security hardening, incident response, removal of backdoors and WebShells on server, audits and analysis of logs, use security detection tools to finding system and application vulnerabilities). You represent and warrant that you have the full right, power, and authority to consent to the same, and that you are authorised to grant Alibaba Cloud such consents and access on behalf of all user accounts, systems and data that Alibaba Cloud may be able to access through the credentials and passwords provided. Without limiting any other remedy that Alibaba Cloud may have, you agree to indemnify and hold Alibaba Cloud and its affiliates harmless from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorney’s fees and costs incurred by Alibaba Cloud resulting from your breach of this provision.

ii. For the purposes of these Product Terms and solely to access your account details to implement and provide the Alibaba Cloud Security Services, you grant Alibaba Cloud a limited power of attorney, and appoint Alibaba Cloud as your attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, servers or documents, retrieve information and use your accounts and servers with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you could do in person.

iii. You acknowledge and agree that when Alibaba Cloud is accessing and using your Alibaba Cloud sub-account or servers, Alibaba Cloud is acting as your agent, and not as the agent of or on behalf of any third party. You agree that third party service providers (including server providers) shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You agree to comply with the terms and conditions applicable to use of the systems and servers of the relevant third party vendors that you are using in connection with the Alibaba Cloud Security Services, and you warrant that our provision of the same is not in breach of such terms and conditions.

c) Your Responsibilities

i. You acknowledge that Alibaba Cloud will rely upon the accuracy of information provided by you and that Alibaba Cloud’s performance is dependent on your timely and effective satisfaction of all of your responsibilities hereunder and timely decisions and approvals by you. You acknowledge that the provision of Services is dependent upon your performance of your obligations and that Alibaba Cloud shall not be liable for its failure to perform to the extent such failure is due to (1) a failure by you or any third party retained by, or under your control to provide data or materials that you or such third party is required to provide to Alibaba Cloud or required by Alibaba Cloud to perform the Alibaba Cloud Security Services, (2) a failure by you to timely and accurately perform its responsibilities as set forth in this Agreement, or (3) a failure by you to obtain relevant consents, approvals or access for Alibaba Cloud.

ii. Where applicable, you shall obtain all consents and authorizations from any third parties necessary for Alibaba Cloud to perform the Alibaba Cloud Security Services, including without limitation, from third party datacenters, co-locations and hosts. Alibaba Cloud shall not be required to execute agreements with any such third parties.

iii. You shall be responsible for providing relevant information as may be required by Alibaba Cloud to provide the Alibaba Cloud Security Services (including network architecture diagrams), physical, and logical access to your Alibaba Cloud servers and/or third party server environments, and you shall be responsible for upgrading pre-existing or installed security software as applicable, ensuring the latest patches as recommended by third party vendors are installed on your systems and servers (where applicable), configuring your servers to the relevant network requirements in accordance with Alibaba Cloud’s service requirements, and providing the ability for Alibaba Cloud to establish a persistent connection to your servers and networks.

iv. You recognize that the Alibaba Cloud Security Services is not an alternative to an incident response engagement for an environment that is compromised prior to the start of your subscription for the Alibaba Cloud Security Services.

v. You will be responsible for reporting any security issues related to the Alibaba Cloud Security Services to Alibaba Cloud immediately.

vi. You must notify Alibaba Cloud if specific network segments will not require monitoring or management under the Alibaba Cloud Security Services. You must provide detailed information regarding the specific network segment range when possible (e.g. guest networks, testing environments, etc.).

vii. You must make a reasonable effort to investigate and remediate any known compromises reported by Alibaba Cloud or third party vendors. Alibaba Cloud may choose to suppress alerts generated by known compromised systems until such time the compromise is remediated.

d) Disclaimers and Limitations of Warranties and Liabilities

i. Notwithstanding anything else contained in these Product Terms to the contrary, Alibaba Cloud shall have no obligation or responsibility to provide the Alibaba Cloud Security Services for servers or systems not covered as part of the Alibaba Cloud Security Services (as described in the applicable service descriptions), servers or systems that have been declared end of support or that are not currently supported, servers or systems for which software updates have not been applied, servers or systems that have not been installed and deployed, or servers or systems that are misconfigured or incorrectly deployed, which prevents the Alibaba Cloud Security Services from monitoring the servers or systems covered by the Alibaba Cloud Security Services. You acknowledge that to facilitate Alibaba Cloud’s efficient performance of the Alibaba Cloud Security Services, Alibaba Cloud may control some features and functionality of your servers, systems and/or networks, and that such features or functionality may not be available for your independent use during your term of subscription for the Alibaba Cloud Security Services.

ii. You acknowledge and understand that the Alibaba Cloud Security Services (including any scanning, access, penetration testing and/or security configuration thereto) involves inherent risks, including, without limitation, risks related to system or network performance and availability, and data corruption or loss, and you are solely responsible for such risks.

iii. You agree and acknowledge that the Alibaba Cloud Security Services are provided on an “as-is” basis without warranties or representations of any kind, and Alibaba Cloud does not represent, warrant, or guarantee that servers, systems or data evaluated using the Alibaba Cloud Security Services, configurations or actions taken pursuant to the Alibaba Cloud Security Services or findings by Alibaba Cloud, including alerts, will be of a certain fidelity, error free, or comply with a particular security standard, or that the Alibaba Cloud Security Services will detect, capture, quarantine, address or remove all security attacks, vulnerabilities, viruses, threats or malware in your servers, files or data, or servers, files or data of third parties. In particular, you agree and acknowledge that the Alibaba Cloud Security Services will not be able to address zero-day vulnerabilities, exploits or cybersecurity attacks or threats based on the same.

iv. You understand and agree that receiving the Alibaba Cloud Security Services does not guarantee that your servers, systems or data will be secure. Depending on the specific nature of your servers, systems or data and the ability to configure the same provided by your service provider in respect of the same, certain portions of the Alibaba Cloud Security Services may not be available and Alibaba Cloud disclaims all liability in connection with the inability to configure such relevant portions of your servers, systems or data resulting in a security incident exploit, or attack.

v. You acknowledge that the Alibaba Cloud Security Services may include the on-supply of hardware, software and services provided by third party vendors. Such on-supplied products or services shall be governed by the respective vendor’s end user terms as may be notified to you by Alibaba Cloud from time to time and/or which are integrated into the Alibaba Cloud Security Services and which can be accepted by online click through. To the extent permitted by law, Alibaba Cloud shall have no liability whatsoever in respect of any such on-supplied products or services and you shall look to the relevant vendor for any direct recourse for the matters governed by such end user agreements

vi. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ALIBABA CLOUD SECURITY SERVICES MAY RESULT IN REMOVAL OF FILES OR DATA THAT YOU STORE IN OUR SERVERS OR THIRD PARTY SERVERS YOU HAVE PROVIDED US ACCESS TO, EVEN IF NOT INTENTIONALLY MARKED FOR DELETION OR DESTRUCTION BY YOU. YOU SHALL AT ALL TIMES MAKE THE APPROPRIATE REDUNDANCY OR BACKUP MEASURES FOR ANY AND ALL DATA AND INFORMATION YOU STORE IN SUCH SERVERS.

vii. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA CLOUD DISCLAIMS ANY LIABILITIES, LOSSES OR DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH YOUR USE OF THE ALIBABA CLOUD SECURITY SERVICES.

4.37 Alibaba Cloud Content Moderation

a) You represent to Alibaba Cloud that you have provided any necessary privacy notices to your end users of your products and services that use Alibaba Cloud Content Moderation service, and have obtained any necessary consents for processing the Member Content.

b) You acknowledge that the Alibaba Cloud Content Moderation is provided “as is” without warranty of any kind, and the result of your use of Alibaba Cloud Content Moderation is your sole responsibility.

4.38 Alibaba Cloud Short Message Service

a) To the extent that you use Alibaba Cloud Short Message Service and instruct Alibaba Cloud to send any short messages (“SMS Messages”) to a telephone number, you shall be solely responsible, at your own cost and expense, for ensuring compliance with the applicable requirements of the applicable personal data protection laws, including for checking such numbers against relevant do-not-call registry and/or securing all consents necessary for the sending of such SMS Messages to the subscribers and users of the telephone numbers (as applicable). You shall not send such SMS Messages if you have not checked such telephone numbers against the relevant registries and/or have not obtained the relevant consents from the subscribers or users of such telephone numbers.

b) To the extent that you are the party sending such SMS Messages, you shall ensure that you are solely identified in such messages as the sender thereof, and in any event, shall ensure that the language of the messages will not mislead or otherwise suggest to the recipients thereof that Alibaba Cloud is also a sender of such messages.

c) We may store and scan your SMS Messages content for purpose of preventing and blocking harmful or unwanted items from being sent over the Short Message Service. We may decline to send any SMS Messages if in our sole discretion we determine that your SMS Messages may be abusive or low quality.

d) Alibaba Cloud reserves the right to suspend or terminate the Short Message Service as a result of your breach of this Section 4.38. Without limiting any other remedy that Alibaba Cloud may have, you agree to indemnify and hold Alibaba Cloud and its affiliates harmless from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorney’s fees and costs incurred by Alibaba Cloud and its affiliates therefrom.

4.39 Alibaba Cloud IoT Platform

You acknowledge and agree that the Alibaba Cloud IoT Platform service is provided to you in accordance with the product usage manual pre-determined by Alibaba Cloud (the “IoT Platform Manual”) and you shall abide by the terms and specifications of the IoT Platform Manual in connection with your use of IoT Platform. Alibaba Cloud shall not be responsible for any loss, damages, interruption, suspension, or any other problems that arise out of your use of Alibaba Cloud IoT Platform that is not in accordance with the terms of IoT Platform Manual. You shall fully indemnify Alibaba Cloud and its affiliates from and against any and all losses, costs, damages, claims or proceedings Alibaba Cloud and its affiliates may suffer or become subject to in connection with any breach of your aforesaid obligations.

4.40 Alibaba Cloud Dynamic Route for CDN (“DCDN”)

a) Your use of Alibaba Cloud DCDN shall be measured by your actual traffic incurred upon service activation. Please refer to the Alibaba Cloud Platform for specific details and updates of effective fees and payment schemes.

b) You shall ensure that you have sufficient balance in your account in order for the DCDN service to be continued.

c) If you intend to subscribe for Alibaba Cloud DCDN resources based in the People’s Republic of China (the “PRC”), then you shall be solely responsible for arranging to completing any and all relevant registrations with the Ministry of Information Technology of the People’s Republic of China as required by the laws of PRC. Otherwise, Alibaba Cloud reserves the right to decline to provide or cease your use or subscription of the Alibaba Cloud DCDN services anytime as deemed appropriate without any liability to you. You shall check your status of registration before using or subscribing for Alibaba Cloud CDN services for resources in the PRC.

d) Your use of the Alibaba Cloud DCDN shall be subjected to the product specifications, limitation, and descriptions in the relevant product description page (the “DCDN Descriptive Terms”) on the Alibaba Cloud Platform. In the event of any inconsistency between these Product Terms and the DCDN Descriptive Terms, these Product Terms shall prevail.

e) You acknowledge and agree that your use of Alibaba Cloud DCDN is subject to the traffic limitations preset by Alibaba Cloud. If your traffic exceeds Alibaba Cloud’s limit, Alibaba Cloud reserves that right to limit or suspend your use of Alibaba Cloud DCDN services.

4.41 Alibaba Cloud Website Threat Inspector

a) Your use of Alibaba Cloud Website Threat Inspector (“WTI”) may entitle you to discover your website assets and assess the weakness of these websites, as well as other threats, such as website defacement, malware and backdoor. Alibaba Cloud does not warrant that the WTI will discover, detect, capture, or quarantine all assets, weakness or threats on your websites.

b) YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF WTI MAY RESULT IN REMOVAL OF FILES OR DATA THAT YOU STORE IN OUR SERVERS, EVEN IF NOT INTENTIONALLY MARKED FOR DELETION OR DESTRUCTION BY YOU. YOU SHALL AT ALL TIMES MAKE THE APPROPRIATE REDUNDANCY OR BACKUP MEASURES FOR ANY AND ALL DATA AND INFORMATION YOU STORED IN OUR SERVERS.

c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA CLOUD DISCLAIMS ANY LIABILITIES, LOSSES OR DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH YOUR USE OF AVDS UNLESS OTHERWISE PROVIDED BY THESE TERMS AND THE TERMS AND CONDITIONS OF THE ADDITIONAL AGREEMENTS.

4.42 Alibaba Cloud Threat Detection Service

a) Your use of Alibaba Cloud Threat Detection Service (“Threat Detection”) may entitle you to certain virus or malware detection and removal services in respect of known viruses or malware. Alibaba Cloud does not warrant that the Alibaba Cloud Threat Detection Service will detect, capture, quarantine, address or remove all viruses, threats or malware in your files or data.

b) YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ALIBABA CLOUD THREAT DETECTION SERVICE MAY RESULT IN REMOVAL OF FILES OR DATA THAT YOU STORE IN OUR SERVERS, EVEN IF NOT INTENTIONALLY MARKED FOR DELETION OR DESTRUCTION BY YOU. YOU SHALL AT ALL TIMES MAKE THE APPROPRIATE REDUNDANCY OR BACKUP MEASURES FOR ANY AND ALL DATA AND INFORMATION YOU STORED IN OUR SERVERS.

c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA CLOUD DISCLAIMS ANY LIABILITIES, LOSSES OR DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH YOUR USE OF ALIBABA CLOUD THREAT DETECTION SERVICE UNLESS OTHERWISE PROVIDED BY THESE TERMS AND THE TERMS AND CONDITIONS OF THE ADDITIONAL AGREEMENTS.

d) Some features of Alibaba Cloud Threat Detection Service may record a log of your I.P. addresses when you login to your user account. Alibaba Cloud Threat Detection Service may but does not undertake to notify you in the event of any irregular or abnormal log-in behavior (e.g. logging in from I.P. addresses in different locations in a very short period of time) with your account. You consent to our recording and logging of your I.P. address by using the Alibaba Cloud Threat Detection Service.

5. General Provisions

5.1 These Product Terms and the Terms (as defined in the Alibaba Cloud Membership Agreement) constitute the entire agreement between you and Alibaba Cloud with respect to and governs the use of the Alibaba Cloud Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

5.2 You and Alibaba Cloud are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Product Terms.

5.3 If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.

5.4 Unless a right or remedy of you or Alibaba Cloud is expressed to be an exclusive right or remedy, the exercise of it by either party is without prejudice to either party’s other rights and remedies at law and/or in equity.

5.5 You shall do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to the terms of these Product Terms.

5.6 Save for Alibaba Cloud and its affiliates, a person who is not a party to these Product Terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53 B) (Rev Ed 2002) to enforce any term of these Product Terms.

5.7 Unless otherwise provided in the terms and conditions of the relevant Alibaba Cloud Services, under no circumstances shall Alibaba Cloud be held liable for any delay or failure or disruption of the content or services delivered through the Alibaba Cloud Platform (including the Alibaba Cloud Services) resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

5.8 This Agreement shall be governed by the laws of Singapore without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Singapore.


Singapore Addendum to Alibaba Cloud Product Terms

These terms are applicable to users contracting with Alibaba Cloud (Singapore) Private Limited for Alibaba Cloud ECS, Alibaba Cloud VPC, Server Load Balancer, CDN Products (the “Designated Products”) only; they do not apply to users contracting with Alibaba.com (Europe) Limited or Alibaba Cloud US LLC

In addition to the Product Terms above, the following additional terms are applicable only in respect of the Designated Products to any customer: (a) who purchases and/or uses the Designated Products; and (b) who is contracting with Alibaba Cloud (Singapore) Private Limited for such Designated Products. Notwithstanding anything else in these Product Terms, if there is any conflict or inconsistency between the following additional terms and any terms in the Product Terms, the following additional terms shall prevail only to the extent of the conflict or inconsistency. For the avoidance of doubt, the following additional terms are not applicable to all other Products which are not Designated Products. The general terms and conditions in the Product Terms shall apply to such other Products.

  1. In relation to Designated Products only, Alibaba Cloud will provide reasonable advance notice before any suspension or termination of any Designated Products (or any features or functions within such Designated Products) referenced in Clause 3.3 of these Product Terms or in Clause 2.3 of the Alibaba Cloud International Website Terms of Use.

  2. The fees for Designated Products shall be specified on the Alibaba Cloud Platform (the specific URL for such fees of which may be updated from time to time). In relation to the Designated Products only, changes to fees and charges for Designated Products referenced in Clause 6.3 of the Alibaba Cloud Membership Agreement will take effect upon reasonable advance notice provided to you in a manner at the sole discretion of Alibaba Cloud.

  3. In relation to complaints or disputes regarding our fees for the Designated Products:

    a. in the event of a dispute, you shall not be required to pay any reasonably disputed amounts pending the resolution of the dispute, provided that you inform us of any disputed charge prior to the date on which the payment becomes due;

    b. where you pay a bill and subsequently choose to contest the bill, you will have 1 year (starting from the date of the bill) to do so; and

    c. we will conduct a complete and objective review of your complaint, and will provide a written response, within 30 days of receiving notification that you are contesting a charge.

  4. Notwithstanding Clause 5.8 of these Product Terms, if you and Alibaba Cloud are unable to resolve any dispute relating to the Designated Products, the parties may (a) refer the matter to the Small Claims Tribunal, if the matter is within that body’s jurisdiction; (b) jointly submit the dispute to arbitration; or (c) submit the dispute to any court of competent jurisdiction.

  5. In relation to the Designated Products only, in respect of the matters referenced in Clause 6.2 of the Alibaba Cloud Membership Agreement and notwithstanding any terms applicable to any termination or suspension of the Designated Services in the Alibaba Cloud Payment and Tax Terms, without prejudice to its rights and remedies at law or equity, Alibaba Cloud may suspend or terminate the Designated Products registered with your Account on the Alibaba Cloud Platform, or limit or restrict your rights to your Account, by giving written notice (of any proposed termination or suspension of the Designated Products under the Alibaba Cloud Membership Agreement, the basis for such action and the means by which you can avoid such termination or suspension) of not less than 30 days if, in the sole opinion of Alibaba Cloud, you or your End Users (as defined in the Alibaba Cloud Membership Agreement) have engaged in any of the following:

    i. breached any of the Terms and such breach is incapable of being remedied;

    ii. breached any of the Terms and where such breach is capable of being remedied, failed to remedy such breach within 30 days of receiving written notice of such breach from Alibaba Cloud;

    iii. used the Designated Products in a way that poses a security risk to the Alibaba Cloud Platform or any third party;

    iv. used the Designated Products in a way that subjects, or will subject, Alibaba Cloud or its affiliates to liability; or

    v. become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceedings.

  6. Notwithstanding anything in the Alibaba Cloud Membership Agreement (including the Alibaba Cloud Payment and Tax Terms), Alibaba Cloud and/or any of its affiliates shall have the right to not offer any of the Designated Products to you on a prepaid payment basis.

  7. In respect of any business subscriber of the Designated Products which registers for an Account (as defined in the Membership Agreement):

    a. you consent to the collection, use and disclosure of Subscriber Information (as hereinafter defined) by Alibaba Cloud and its affiliates for the purposes set forth in the Privacy Policy, in to the matters set forth in Sections A, B and C thereof, and notwithstanding that any such Subscriber Information may not constitute personal data. You may withdraw your consent to our collection, use and disclosure of your Subscriber Information via the procedures outlined in Section F of the Privacy Policy;

    b. you consent to your Subscriber Information being collected, used and disclosed by any third party in connection with any assignment, novation, sale or acquisition of any business, assets or shareholdings of Alibaba Cloud as well as for the purposes of developing and marketing any goods or services; and

    c. for the purposes of this addendum, Subscriber Information shall mean all information that we obtain as a result of your use of the Designated Products or as comprised within any Information as defined in the Privacy Policy.

Europe Addendum to Alibaba Cloud Product Terms of Service

Terms applicable to users contracting with Alibaba.com (Europe) Limited only; they do not apply to users contracting with Alibaba Cloud (Singapore) Private Limited or Alibaba Cloud US LLC

In addition to, or in place of, the relevant terms of the Product Terms of Service above, the following additional terms (the “Addendum”) are applicable in respect of any customer: (a) who purchases and/or uses any products or services offered or made available through the Alibaba Cloud Platform; and (b) who is contracting with Alibaba.com (Europe) Limited for such products or services. The Addendum forms part of the Product Terms of Service above and any definitions used in the Product Terms of Service shall have the same meaning in this Addendum. Notwithstanding anything else in the Product Terms of Service, if there is any conflict or inconsistency between this Addendum and any terms in the Product Terms of Service, this Addendum shall prevail only to the extent of the conflict or inconsistency.

  1. For the purposes of Clause 2.1, the applicable Alibaba Cloud contracting entity is Alibaba.com (Europe) Limited, a company registered in England with company number 06721521 and with its registered office at 3rd Floor, Davidson Building, 5 Southampton Street, London, England, WC2E 7HA, United Kingdom. Any reference to Alibaba Cloud in these Product Terms shall be a reference to Alibaba.com (Europe) Limited. For the purposes of these Product Terms, notices for Alibaba Cloud shall be sent to the address set out in this Addendum.

  2. Nothing in these Product Terms shall be construed as excluding or limiting the liability of you or Alibaba Cloud or any of our respective officers, employees and agents for any liability which cannot be limited or excluded by law.

  3. The reference in Clause 5.6 of these Product Terms to the Contracts (Rights of Third Parties) Act (Cap. 53 B) (Rev Ed 2002) shall be replaced by the English Contracts (Rights of Third Parties) Act 1999.

  4. Clause 5.8 shall be replaced by the following: These Product Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party to these Product Terms irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Product Terms or their subject matter or formation (including non-contractual disputes or claims).


Australia Addendum to Alibaba Cloud Product Terms of Service

Terms applicable to users located in Australia and contracting with Alibaba Cloud (Singapore) Private Limited only; they do not apply to users contracting with Alibaba.com (Europe) Limited or Alibaba Cloud US LLC, or to users located outside of Australia contracting with Alibaba Cloud (Singapore) Private Limited.

In addition to, or in place of, the relevant terms of the Product Terms of Service above, the following additional terms (the “Addendum”) are applicable in respect of any customer: (a) who purchases and/or uses any products or services offered or made available through the Alibaba Cloud Platform from Australia; and (b) who is contracting with Alibaba Cloud (Singapore) Private Limited for such products or services. The Addendum forms part of the Product Terms of Service above and any definitions used in the Product Terms of Service shall have the same meaning in this Addendum. Notwithstanding anything else in the Product Terms of Service, if there is any conflict or inconsistency between this Addendum and any terms in the Product Terms of Service, this Addendum shall prevail only to the extent of the conflict or inconsistency.

  1. Nothing in these Product Terms shall be construed as excluding or limiting the liability of you or Alibaba Cloud or any of our respective officers, employees and agents for any liability which cannot be limited or excluded by law including under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

  2. Where this agreement is deemed a small business contract for the purposes of the unfair contract terms under the Australian Consumer Law, Clause 5.8 shall be replaced by the following: These Product Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales and Australia. Each party to these Product Terms agrees that the courts of New South Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Product Terms or their subject matter or formation (including non-contractual disputes or claims).

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