All Products
Search
Document Center

:Alibaba Cloud Domains Terms of Service

Last Updated:Dec 12, 2016

Alibaba Cloud Domains Terms of Service

PLEASE NOTE THAT THE SERVICES ARE PROVIDED BY ALIBABA CLOUD AND/OR ITS AFFILIATES, WHICH ARE REGULATED ENTITIES IN THE PEOPLE’S REPUBLIC OF CHINA.

NOTES ON TRANSLATED VERSION: These Terms of Service are in Chinese, and the Chinese version shall prevail. Any translated version available is for convenience of reference only, and should there be any conflict between the Chinese version and the any translated version, the Chinese version shall apply and prevail.

These Terms of Service constitute a valid agreement between Alibaba Cloud and you and/or the domain name registrant you represented.

By directly confirming on the web page, accepting the link to this page and prompt for compliance, signing a written agreement in relation to these Services, any usage of these Services, or accepting these Terms of Service in any other legal or customary manner, you and Alibaba Cloud shall be deemed to have entered into an agreement and have agreed to be bound by these Terms of Service. You should pay special attention to the terms in bold or underlined that relate to limitation of liabilities, disclaimers, Alibaba Cloud’s ascertainment of user breach and noncompliance, choice of jurisdiction, etc.

These Terms of Service constitute an integral part of the Alibaba Cloud Product and Service Agreement, and shall apply specifically to domain name services provided by Alibaba Cloud. Any matters not covered by these special terms shall be subject to the relevant Alibaba Cloud Product and Service Agreement.

Please carefully read the entire contents hereof before accepting these Terms of Service. If you have any questions about these Terms of Service, please contact Alibaba Cloud; if you disagree with any term hereof or do not understand the interpretation of any term by Alibaba Cloud, please do not proceed.

1. Definitions and Interpretations

1.1 Alibaba Cloud: means, with respect to the provision of domain name registration and other domain name services (“Services”) to users, Alibaba Cloud Computing Limited, Alibaba Communication Technology (Beijing) Co. Ltd. and/or other related registrars, which are licensed domain name registration service providers in China and use “HiChina” as a domain name-related service brand.

1.2 User: means the individual (including natural person, individual partnership, individual business, etc.) or organization (including institution, association, corporation, enterprise, partnership, public institution, social organization, etc.) that registers a domain name at a competent domain name registry by virtue of the Services provided by Alibaba Cloud. The term “User” hereof includes both the holder of a registered name and the holder of an Alibaba Cloud account.

1.3 Registered Name Holder: means the holder of a registered domain name filled in by the User when the domain name is being registered, and displayed in the form of whois information. In some cases, this may be expressed as “domain name owner”, but this expression does not in any way imply that the Registered Name Holder has any title or similar interest in the registered domain name.

1.4 Alibaba Cloud Account Holder (Account Holder): means, other than the Registered Name Holder, the holder of an Alibaba Cloud account (including an individual or entity) who actually pays for, or otherwise manages, the registered domain name.

1.5 Internet Corporation for Assigned Names and Numbers (ICANN): means the corporation that has the responsibility for Internet Protocol (IP) address space allocation, protocol identifier assignment, generic (gTLD) and country code (ccTLD) top-level domain name system management, and root server system management.

1.6 China Internet Network Information Center (CNNIC): means the domain name registration and management authority and the domain name root server operating entity for domestic domain names in China that followed by suffixes such as “.CN”, “.中国” (which means “China”), “.公司” (which means “company”) and “.网络” (which means “net”).

1.7 Domain Name Registration Management Entity (Domain Name Registry, or Registry): means an organization or entity that is legally authorized by ICANN and/or competent regulatory authority in the country (for example, a Domain Name Registry in China is required to be approved by China’s telecommunications regulatory authority) to undertake the operation and management of relevant top-level domains.

1.8 Domain Name Registration Service Entity (Domain Name Registration Service Provider, Domain Name Registrar, or Registrar): means an organization that is legally authorized by ICANN and/or competent regulatory authority in the country (for example, a Domain Name Registrar in China is required to be approved by China’s telecommunications regulatory authority) to accept applications for domain name registration, and complete domain name registration in a top-level domain database of competent Registry.

1.9 Top-Level Domains (TLD): mean the top-level domain names in the Internet domain name system, including international generic top-level domain names (gTLD), country code top-level domain names (ccTLD), new generic top-level domain names (new gTLD), and internationalized domain names (IDN TLD), whose operation and management are undertaken by different Domain Name Registries.

1.10 Domain Name Registration: means the registration process completed by the User for purpose of domain name application in the Top-Level Domain database of the relevant Registry by virtue of the registration channels and services provided by the Registrar.

1.11 Successful Domain Name Registration: means, after the User has paid required domain name registration fees via the Registrar and provided application materials for domain name registration within the prescribed period, the grant by a competent Registry to the User of the right to hold a domain name for a certain period, as the Registry has validated that there exists no domain name that is the same as the domain name applied for, such domain name has not violated applicable mandatory requirements for domain name registration, and the application materials submitted have conformed to the specifications. The Registry has the power to decide, at its sole discretion, whether the registration of said domain name is successfully completed.

1.12 Registration Data Directory Services (whois): mean the domain name registration information query, display and transmission services provided by Alibaba Cloud in accordance with ICANN’s Registrar Accreditation Agreement (RAA) 2013, and ICANN’s other requirements and general policies.

1.13 Illegal Activities: mean any acts to register a domain name violating applicable laws via the services provided by the Registrar, and/or any illegal conduct based on a domain name registered via the Services provided by the Registrar.

1.14 Alibaba Cloud Domain Name Services: mean the Services expressly set forth in Article 2 hereof, and those provided subsequently by Alibaba Cloud regarding the domain name.

1.15 Third Party Services: mean, with respect to the registered domain name, the services made available by a third party, such as: domain name dispute settlement services, domain name resolution services, etc.

1.16 Domain Name Dispute Resolution Mechanisms: mean the policies, rules and the same applicable to the settlement of disputes arising from the registration and use of domain names, including but not limited to: the Uniform Domain Name Dispute Resolution Policy (UDRP), the Uniform Rapid Suspension System (URS), the Measures for CNNIC National Top-Level Domain Name Dispute Resolution, relevant procedural rules, supplementary rules, etc. Such Domain Name Dispute Resolution Mechanisms shall be applied accordingly to different types of Top-Level Domains (e.g.: gTLD, ccTLD, new gTLD, etc.).

1.17 The terms “China”, “country” and “in the country” hereof shall mean the People’s Republic of China.

1.18 Unless otherwise specified herein, the term “Laws” hereof shall mean the laws, regulations and normative legal documents of the People’s Republic of China.

1.19 The term “Working Days” hereof shall mean the number of regular working days, except for the statutory holidays, public holidays and bank holidays in China. “Working Hours” shall mean the time from 9a.m. to 6p.m. (GMT+8) in a Working Day.

2 Contents of Domain Name Services

2.1 General Services

2.1.1. Alibaba Cloud provides the User with a registration platform and channel for registration of domain names and related services. The User shall keep the account number and password of Alibaba Cloud registration platform secure, to prevent them from being stolen or disclosed. Any consequence arising from the User’s improper maintenance of the account number and password, or unauthorized use or misuse of such account number and password by others, shall be at the sole risk of the User.

2.1.2 The User understands and agrees that Alibaba Cloud will apply to the Registry regarding the registration, renewal or other issues of the domain name only upon the receipt of all relevant fees paid by the User. Therefore, successful order payment does not mean successful domain name registration.

2.1.3 Successful registration of a domain name depends on conditions of registration, the time of application, etc., which is at the sole discretion of the Registry. Alibaba Cloud is only responsible for handling relevant procedures on behalf of the User, and does not provide any express or implied warranty indicating that the domain name applied for by the User will be successfully registered, or that the domain name will not be removed after the registration has been completed. The User shall neither claim to be the owner of the domain name applied for, nor conclude that the registration of the domain name is successful or has failed, if it has not verified such cases with Alibaba Cloud, as well as checking the legal status of the domain name at the website of the Registry.

2.1.4 The use of a registered domain name (e.g. creating a website, setting up a mailbox server, generating a network application, etc.) will be affected by relevant laws and regulations, network controls and policies applicable in the country or region where the User is located, as well as the actions of the User, as well as the regulations of the Registry. Alibaba Cloud does not expressly or implicitly guarantee that the registered domain name can be used normally, and shall not be liable for any consequences and liabilities arising from any inability to use the registered domain name.

2.1.5 Alibaba Cloud may provide the User with domain name-related value-added services, such as domain name information privacy protection and domain name security lock. The User shall abide by all specific policies or requirements concerning these services proposed by Alibaba Cloud, if any.

2.1.6 Alibaba Cloud may, through co-operation with relevant Registry, provide the User with special domain registration services for particular purposes and with certain restrictions. The User shall abide by all specific restrictions concerning the registration and use of these domain names proposed by Alibaba Cloud, if any.

2.1.7 Alibaba Cloud has the right to decide whether to charge fees for such services provided, and has the sole discretion to set the relevant fees. For free services, Alibaba Cloud reserves the right to collect fees for such services in the future. For paid services, Alibaba Cloud will provide these services only upon the full payment of the User.

2.1.8 Alibaba Cloud shall have the right (but not the obligation) to take appropriate actions against the User for any illegal acts, in accordance with ICANN policies, national laws, competent authority’s orders, these Terms of Service, etc., including but not limited to requiring the User to make rectifications, restricting amendments to the domain name, suspension, deletion or de-registration, etc.

2.2 Domain Name Registration

2.2.1 Alibaba Cloud shall complete application procedures relating to registration and renewal of domain name, submit relevant documents, and pay relevant fees on behalf of the User. The application for domain name registration of the User submitted by Alibaba Cloud is subject to the registration status and query results in the domain name database of the Registry when such application is submitted. However, no conflict revealed in such query results does not mean that the registration of such domain name will definitely be successful.

2.2.2 Alibaba Cloud will neither verify whether (i) the application for domain name registration of the User has violated the priority right of others, or (ii) a domain name proposed to be registered by others has violated the priority right of the User, nor will Alibaba Cloud be responsible for the authenticity, accuracy and integrity of the registration information filled out by the User.

2.2.3 Subject to the requirements of relevant Registry, Alibaba Cloud may conduct preliminary examination on the application for domain name registration of the User, and any application failing to meet the requirements of the Registry will be rejected.

2.2.4 If the domain name of the User is not successfully registered under any of the following circumstances, Alibaba Cloud will make a refund to the User (except in cases where the fees are non-refundable as specified by the Registry). Alibaba Cloud will thereafter be exempted from any other liabilities under such circumstances.

2.2.4.1 The domain name has already been registered when the User is completing the application form for domain name registration online;

2.2.4.2 The domain name applied for by the User has already been registered due to telecommunication failure and equipment malfunction;

2.2.4.3 The domain name has already been registered, or is involved in ownership dispute as the User fails to fill in the application form in strict accordance with the registration requirements, or the information filled in is inaccurate or does not meet the requirements of the Registry;

2.2.4.4 The User fails to submit all materials required for domain name registration within the prescribed period, or the User fails to submit documentary evidence in accordance with the requirements of the Registry, or the documentary evidence submitted does not conform to the specifications of the Registry;

2.2.4.5 The registration has failed or is delayed due to system failure or operational error of the Registry or Alibaba Cloud;

2.2.4.6 The registration services for relevant Top-Level Domains are cancelled due to national laws and regulations, the Registry’s policy changes, technological reasons, etc.;

2.2.4.7 The domain name has already been registered as of the User’s acceptance to these Terms of Service, but prior to the receipt of the User’s payment by Alibaba Cloud and the transfer of such payment by Alibaba Cloud to the Registry;

2.2.4.8 The registration has failed or the registered domain name is removed as the registration materials submitted by the User are deemed not to meet applicable specifications by the Registry;

2.2.4.9 The registration has failed due to other unforeseeable events or events outside the control of Alibaba Cloud.

2.2.5 Once the registration of the domain name has been completed, and if the domain name resolution has not been set, the domain name will be automatically resolved to a non-commercial page. The User is entitled to disable such automatic resolution setting at any time during the validity of such domain name.

2.3 Domain Name Renewal

2.3.1 If the User wishes to continue to retain the domain name ownership and related services provided by Alibaba Cloud after the expiration of the validity of such domain name, the User shall pay renewal fees and ensure that Alibaba Cloud has received such renewal fees before the domain name expires. Alibaba Cloud will, within a certain period before and after the expiration of the domain name, send a renewal notice to the User. However, the failure of the User to receive Alibaba Cloud’s renewal notice shall not be invoked by the User as justification for failure to pay the renewal fees and other fees as per the schedule.

2.3.2 Where the User has paid the renewal fees as per the applicable rules and the Registry has accepted such fees, Alibaba Cloud’s term of service will be extended to the expiration date of such domain name recognized by the Registry. The User agrees that, if the domain name registered, or the registration information filled out by the User is untrue, inaccurate or incomplete, Alibaba Cloud has the right to reject such renewal.

2.3.3 A domain name, whose renewal procedures have not been completed by the User as of its expiration, can be renewed automatically by Alibaba Cloud for one (1) year. The User is required to confirm the automatic renewal within thirty (30) days after Alibaba Cloud has made such renewal (the “Renewal Grace Period”). Should the User reject such renewal in writing within the aforesaid period or fails to complete the renewal procedures by the expiration of such period, Alibaba Cloud shall have the right to disable the use of the domain name, and dispose of such domain name on the expiration date at its own discretion (including but not limited to removal and cancellation of the registration, or auction of the domain name, etc).

2.3.4 When the Renewal Grace Period of the domain name expires, Alibaba Cloud is entitled to, free of any restriction, redirect such domain name to any IP address, which may be a page on which users can stay and make payment, or a commercial search engine. Alibaba Cloud will not / cannot verify that whether such redirection may infringe upon the rights and interests of the User (including but not limited to intellectual property right, privacy right, trademark right), and will not / cannot verify whether the contents displayed by such redirection are appropriate, or have violated the laws and regulations of any country or region, or may damage the User or a third party, or their reputations. Alibaba Cloud shall not be liable for any direct or indirect loss caused by such redirection, except in cases where Alibaba Cloud terminates such redirection relating to said domain name upon receipt of an order from competent judicial authority.

2.4 Domain Name Redemption

2.4.1 If the User fails to complete the renewal during the Renewal Grace Period, the domain name will be deleted upon the expiration and goes into the Redemption Period.

2.4.2 During the Redemption Period, if the User wishes to continue to hold the domain name, it shall pay redemption fees to Alibaba Cloud as per the fees published by Alibaba Cloud, and apply to relevant Registry for redemption. However, Alibaba Cloud does not guarantee that the domain name will be redeemed successfully.

2.4.3 If the domain name is successfully redeemed after the User has paid the redemption fees, the validity of the domain name will be extended by one (1) year from its original expiration date. If the domain name is not redeemed during the Redemption Period, Alibaba Cloud will only refund the Client for redemption fees, and is thereafter released from all other liabilities, whereupon the domain name slips into the General Availability Period.

2.5 Domain Name Change

2.5.1 (Change of Domain Name Information) The User may, through the domain name service platform of Alibaba Cloud, change the current holder of a domain name to another individual or entity, or change the registration information of a domain name, subject to the following conditions. The User shall be responsible for the authenticity and legality of the aforesaid change of domain name information. If the domain name holder is changed, the User shall further ensure that the new holder agrees with and accepts these Terms of Service.

2.5.1.1 Alibaba Cloud shall provide services relating to change of domain name holder and domain name registration information for the registered domain name only if;

2.5.1.2 The domain name is in a normal state that is not subject to any dispute and controversy, and is free from any overdue charges;

2.5.1.3 The domain name has not expired;

2.5.1.4 The Registrar of the domain name is Alibaba Cloud; and

2.5.1.5 The User has full account-related authority to perform the aforesaid changes, or has provided to Alibaba Cloud sufficient proof indicating that it is the domain name holder or the account holder.

2.5.2 (Change of Domain Name Registrar) The User may, through the domain name service platform of Alibaba Cloud, transfer a registered domain name from another Registrar to Alibaba Cloud and vice versa.

2.5.2.1 The User shall ensure the legality and legitimacy of the aforesaid transfer operations between Registrars.

2.5.2.2 The User understands and agrees that, Alibaba Cloud reserves the right to reject or agree to provide services relating to domain name transfers between Registrars in accordance with national laws, ICANN policies, Registry policies, and Registrar Rules of Alibaba Cloud.

2.5.3 (Change of Account Holder) Alibaba Cloud provides services relating to domain name transfer between accounts, for domain names that meet one of the following:

2.5.3.1 The original account holder performs the transfer operation by its own or makes an application for such transfer;

2.5.3.2 The holder of the registered domain name applies for the change;

2.5.3.3 The change comes into effect subject to decisions, judgments or orders of the Registry, courts or domain name dispute settlement entities; or

2.5.3.4 Other operations that are necessary to be performed by Alibaba Cloud based on its own judgments.

However, to ensure domain name security, Alibaba Cloud reserves the right, at its sole discretion, lock the account or cancel such transfers, etc.

2.6 Domain Name Lock, Hold or Cancellation (Deletion)2.6.1 The User acknowledges and agrees that, relevant Registry reserves the right to unilaterally reject, cancel and/or transfer the right to any domain name registration, or place a domain name upon lock, suspension or similar status, or cancel (delete) a registered domain name, and will notify Alibaba Cloud, through EPP commands, e-mail or telephone, to cancel, transfer, change or lock the domain name:

2.6.1.1 to maintain the integrity of the domain name registration system, and the stability of its operation;

2.6.1.2 to comply with any and all applicable laws, government rules or requirements, enforcement requests or any dispute resolution procedures;

2.6.1.3 to comply with all Internet industry codes developed by competent authority (e.g. RFC) to which the Registry is a member;

2.6.1.4 to protect the Registry and any and all of its affiliates, subsidiaries, officers, directors and employees, and the officers, directors and employees of its affiliates and subsidiaries against any civil or criminal liabilities;

2.6.1.5 to correct any operational errors made by the Registry or the Registrar in a domain name registration;

2.6.1.6 where the User fails to make charges to the Registry;

2.6.1.7 where the registered domain name is subject to disputes.

2.6.2 The User agrees that Alibaba Cloud shall, subject to national laws, ICANN policies and competent authority’s orders, or the Registry’s requirements or Alibaba Cloud’s rules in line with the aforesaid laws, policies and orders, take actions against the registered domain name of the User, including but not limited to imposing restrictions on change of registration information, transfer or deletion of domain name, placing the domain name upon hold or de-registering the domain name, or transferring the domain name:

2.6.2.1 to correct any operational errors made by the Registry or the Registrar in domain name registration;

2.6.2.2 to settle disputes, complaints and disputes relating to domain name registration;

2.6.2.3 to maintain the overall security and the stability of registration management.

2.6.2.4 when the domain name held by the User is subject to judicial proceedings, arbitration proceedings or domain name dispute settlement proceedings and for a period of ten (10) days after a verdict has been delivered (during this period, the User may not apply to change, transfer or cancel the disputed domain name, except where the transferee of such domain name agrees to be bound by the verdict of judicial proceedings, arbitration proceedings or domain name dispute settlement proceedings by written consent).

2.6.3 Alibaba Cloud has the right to cancel (delete) the registered domain name under the following circumstances:

2.6.3.1 the User or its agent applies to cancel the domain name;

2.6.3.2 the registration information submitted by the User is inauthentic, inaccurate or incomplete, or fails to be updated after the change has taken place;

2.6.3.3 the User fails to pay relevant fees;

2.6.3.4 the registered domain name is required to be cancelled as per the decisions, judgments or orders of the Registry, courts or domain name dispute settlement entities;

2.6.3.5 the registration and use of the domain name by the User have brought about adverse effects on Alibaba Cloud, the Registry and/or related service providers;

2.6.3.6 the registered domain name has violated relevant provisions hereof and/or other relevant laws and regulations.

2.7 Domain Name Services at Initial Stage

2.7.1 Alibaba Cloud may provide domain name registration services for some new top-level domain names at the initial stage after they have gone online (including but not limited to the Sunrise Period and the Land Rush Period). The User agrees that the domain name registration launched within this period shall:

2.7.1.1 be subject to relevant terms and conditions of the ICANN Rights Protection Mechanism (RPM) Requirements on procedure and process compliance, including requirements of the Trademark Clearinghouse (TMCH), and any dispute resolution policies applied to the Sunrise Period;

2.7.1.2 the User further agrees that the Registry or the Registrar shall not be liable for any loss or liability arising out of any procedure or process during the Sunrise Period or the Land Rush Period, including but not limited to: (a) the User’s capability or incapability to register a domain name during such period; and (b) any dispute relating to a domain name registered in the Sunrise Period.

3. Domain Name Service Fees

3.1 Alibaba Cloud reserves the right to, at different stages, develop / set different fee schedules, preferential or promotional policies in accordance with the prevailing market conditions, its own business policies, etc. The User hereby indemnifies and releases Alibaba Cloud from any legal proceedings relating to any dispute arising out of adjustments to any fee schedules.

3.2 The User understands and agrees that, it shall pay relevant fees in accordance with the fee schedule released by Alibaba Cloud. The User further agrees that:

3.2.1 unless otherwise specified herein, any fees paid in any case (including but not limited to change, transfer, placing on hold, deletion of domain name, etc.) after the registration or renewal of domain name is completed, are non-refundable in any circumstances.

3.2.2 the fees for domain name registration, renewal, transfer of each top-level domain are subject to change.

3.2.3 all of the User’s domain name registration, renewal, transfer, etc. shall be subject to the then-current fee schedule set by Alibaba Cloud.

3.2.4 with respect to the price of the registered domain name under a certain top-level domain, the registration and renewal prices of certain domain names may be different from those of other domain names, including but not limited to the registration and renewal prices of premium domain names (such as premium terms).

3.2.5 any preferential or promotional policies provided by Alibaba Cloud to the User are one-off additional benefits provided out of goodwill by Alibaba Cloud.

3.2.6 if a domain name registered by the User is canceled or transferred due to breach of any provisions hereof, the domain name fees paid by the User will be non-refundable.

3.3 If the User makes payment in offline mode, it shall use the same user name as that used when the domain name is being registered, and shall specify the domain name, user name and other information relating to the payment for cross-checking purposes. If, due to the User’s failure to comply with the provisions in this section, the domain name has not been registered and/or renewed successfully and/or has been canceled by the Registry, or has been preemptively registered by others, the User shall solely assume the liabilities arising therefrom.

4. User Information and Data

4.1 The User shall ensure that, throughout the registration and the validity of the domain name, the registration information provided shall be authentic, accurate and complete, and free from any false or misleading statements.

4.1.1 In case any relevant information is be changed after the registration has been completed, in particular with regard to the management contact, the technical contact or the payment contact (e.g. mailing address, telephone, fax or e-mail, etc.) of such domain name, the User shall, within seven (7) to thirty (30) days after the change of such information (subject to the specific time limit prescribed by relevant Registry), complete information change formalities in accordance with the mode and process displayed on relevant webpages on Alibaba Cloud’s website (www.aliyun.com).

4.1.2 Should the User intentionally provide inaccurate or unreliable information, fail to update the information within seven (7) days after the change has taken place, or fail to make any response within fifteen (15) days regarding Alibaba Cloud’s findings on the accuracy of its contact information, the User shall be deemed to have seriously violated these Terms of Service, and Alibaba Cloud shall, however, have the right to compel the modification of domain name registration information as per applicable requirements, or take other actions (e.g. place on hold, cancel, transfer the domain names, etc.), if necessary.

4.2 Alibaba Cloud may, on its own or via a relevant Registry, provide relevant information filled out by the User in course of domain name registration to public databases and publications, to provide Internet users with domain name information directory services. Alibaba Cloud shall:

4.2.1 provide specific instructions to the User, when a domain name is being registered, with regard to which information is compulsory and which information is optional, the means by which the User may access or change (if necessary) the stored data, as well as the recipients and the nature of recipients of such data;

4.2.2 comply with Whois Accuracy Program Specification, conduct regular investigations to validate the accuracy of the domain name information provided by the User and/or at any time, if necessary, and take appropriate actions in accordance with the findings;

4.2.3 neither permit, authorize nor otherwise give support, via e-mail, telephone or facsimile, to send commercial advertising or mass information dissemination, except for the User and a third party related to the User (including but not limited to the User’s existing clients).

4.2.4 neither query data through a mass of automatic electronic processes, nor send the data to any Registry, or ICANN-accredited registrar system, except that such access to data is deemed necessary for domain name registration or modification of existing registration information.

4.3 The User acknowledges and agrees that, its personal information and data may be collected, used, disposed and disclosed in the following circumstances:

4.3.1 the Registry and its designated institutions or agents, and Alibaba Cloud and its affiliated entities and agents, shall have the right to use, reproduce, distribute, publish, modify or otherwise dispose of the personal information and data of the User subject to data hosting compliance requirements, and top-level domain name policies issued by ICANN and national domain name management entities from time to time.

4.3.2 without the User’s consent, Alibaba Cloud will not use or disclose to any third party the information and data of the User, except in case where competent administrative or judicial authorities, domain name dispute settlement entities, or a third party who claims for any right against the User, requires, after going through necessary procedures, Alibaba Cloud to disclose such information and data due to the illegal and/or infringing acts of the User.

5. Commitment and Warranty of User5.1 Before accepting these Terms of Service and proceeding to domain name registration, the User shall ensure that:

5.1.1 it has acquired all necessary rights required to register and use the domain name, and its acceptance of these Terms of Service or registration of domain name will neither violate any previous agreement entered into by the User, nor place Alibaba Cloud in any situation of non-compliance and/or breach of any relevant laws or regulations.

5.1.2 it has read the ICANN Consensus Policies and Specifications relating to the rights and responsibilities of registrant, and has agreed to accept all the terms thereof (www.icann.org/zh/resources/registrars/raa/registrant-rights-responsibilities).

5.1.3 it has read and fully understood the entire Terms of Service, and agreed to pay relevant fees as per all applicable requirements, and assume all obligations of a user.

5.1.4 in case the User will register a domain name on behalf of a third party, the User shall ensure the third party has understood and agreed to be bound by all the aforesaid obligations. In addition, if the registration information submitted by the User contains the information of the third party, the User shall further ensure that the third party has been informed of, and agreed to use of such information.

5.2 The User undertakes that, when registering the domain name and using the registered domain name for information dissemination and internal purposes, it will abide by all applicable laws and procedures, policies, practices, etc., including but not limited to:

5.2.1 all policies in force that are issued by ICANN. Should any term of such policies be inconsistent with these Terms of Service, the policies released by ICANN shall prevail.

5.2.2 all applicable laws and regulations, management policies and regulations (e.g. users intending to register domestic domain names shall abide by the Measures for the Administration of Internet Domain Names of China, the China Internet Network Information Center (CNNIC) Implementing Rules of Domain Name Registration, etc.).

5.2.3 if required by competent Registry, the User shall also comply with: (including but not limited to) applicable laws relating to privacy, data collection and consumer protection (including misleading and deceptive conduct); laws relating to fair lending, debt collection and organic agriculture (where applicable), and data disclosure and financial regulations; and other relevant laws, regulations, administrative rules and national policies. If the User is collecting and storing sensitive medical and financial data, the User must also comply with applicable laws on the provision of such services and take appropriate and reasonable security measures according to the industry requirements and/or best standards.

5.3 The User shall comply with all registry policies applicable to its domain name registration, including but not limited to:

5.3.1 the policies under the Registry Agreement between the Registry and ICANN, and the Registry-Registrar Agreement (RRA) between the Registry and the Registrar;

5.3.2 the Registry’s operating standards, policies, procedures, practices and practical methods of operation applicable to all the Registrars, or all the Registrars and Registered Name Holders that are released by the Registry at its official website from time to time.

5.4 The User shall comply with the applicable Domain Name Dispute Resolution Mechanism, and abide by the applicable policies, procedural requirements, supplementary rules, etc. of ICANN, the Registry and domain name dispute settlement entities.

5.4.1 With respect to gTLD, the User shall comply with the Uniform Dispute Resolution Policy (UDRP), and with respect to new gTLD, the User shall also be subject to the Uniform Rapid Suspension System (URS);

5.4.2 With respect to ccTLD, the User shall abide by the Domain Name Dispute Resolution Mechanism as required by competent Registry. For example, as to the domestic domain names in China, the User shall be subject to the Measures for CNNIC National Top-Level Domain Name Dispute Resolution.

5.5 The User understands and agrees that, the policies and regulations specified in Article 5.1, 5.2, 5.3 and 5.4 and the application materials submitted by the User for domain name registration, together with these Terms of Service, shall constitute the entire agreement between the User and Alibaba Cloud regarding domain name registration. Should there be any change or modification to these policies and regulations, the new policies and regulations will apply to the registered domain name of the User.

5.6 The User undertakes not to engage in any unlawful acts, including but not limited to the following:

5.6.1 The registration of the domain name will neither infringe upon the rights of any third party, nor be involved in any malicious or any illegal purpose; and the use of the domain name will not violate any applicable laws and regulations.

5.6.2 The User shall not use the registered domain name to make, copy, publish or disseminate any information prohibited by any laws and regulations. The User further warrants that, the use of the domain name will not involve the distribution of malware, botnets, phishing, piracy, trademark or intellectual property infringement, fraudulent or deceptive practices, counterfeiting, spam e-mails or otherwise engage in activity contrary to any applicable laws and regulations.

5.6.3 The registration of the domain name and the direct or indirect use of the domain name by the User shall not infringe upon the legal rights of others (including but not limited to others’ name rights, trademark rights and domain name rights).5.6.4 The User shall not, without the consent of competent Registry, provide the public with registration services for domain names of next level based on its registered domain name.

5.7 The User understands and warrants that:

5.7.1 the User remains the registered holder of the domain name, even if a third party has been granted a license to use the domain name. Therefore, the User is obliged to provide complete contact information of its own, and provide and update information about the management contact and the technical contact in accurate manner, to promptly address any issues related to the registered domain name.

5.7.2 the User shall be liable for damages resulting from improper use of the registered domain name, unless the User discloses, within seven (7) days, the current contact information provided by the licensee and the identity of the licensee to any complainant which provides reasonable evidence of damage to the User.

5.8 The User understands and agrees that failure to comply with any provision of Article 5 hereof shall be deemed as a serious breach of these Terms of Service.

5.8.1 Alibaba Cloud shall have the right to take measures including but not limited to suspending the use of the domain name (stopping domain name resolution), canceling or transferring the domain name, terminating the Services, etc.

5.8.2 Alibaba Cloud will send a notice of default to the User (via e-mail, telephone or text message) when the domain name resolution is stopped. If the User does not or cannot provide reasonable evidence to prove that there is no default within fifteen (15) days after the notice is given, Alibaba Cloud shall have the right to cancel the domain name, and require the User to bear the losses suffered by Alibaba Cloud arising from the User’s violation of these Terms of Service.

5.8.3 Alibaba Cloud’s delay or failure to take measures against the User’s default shall not be invoked as justification and explanation by the User for its noncompliance or in its defense.

6. Service Term and Termination

6.1 Except as set out in herein, Alibaba Cloud will continue to provide the User with domain name services, and the service term shall be equal to the validity period of the registered domain name of the User.

6.2 Alibaba Cloud shall have the right to immediately terminate the services under any of the following circumstances:

6.2.1 The User has transferred the domain name to a domain name server which is not managed by Alibaba Cloud or other affiliated domain name registrar;

6.2.2 The domain name has expired as the User has failed to make payment as per the schedule;

6.2.3 The User does not exist or has been cancelled, and there is no successor;

6.2.4 Alibaba Cloud discovers that the User had completed domain name registration by using deception or illegal means;

6.2.5 The Registry has terminated the services, or has notified Alibaba Cloud to terminate the services;

6.2.6 Alibaba Cloud terminates the services due to the User’s violation of these Terms of Service;

6.2.7 Alibaba Cloud terminates the services pursuant to the verdicts, notices and other orders issued by competent authorities/judicial authorities (including but not limited to courts, domain name arbitration entities, etc.);

6.2.8 Alibaba Cloud terminates the Services if, it its sole opinion, the User has infringed upon the rights of others, or has conducted illegal acts in violation of national and local laws and regulations;

6.2.9 In view of the interdependence of network security technologies and the unpredictability of user behaviors, Alibaba Cloud may suspend or terminate the Services if the User’s domain name has caused Alibaba Cloud’s domain name resolution server to suffer from computer virus, network intrusion and attack (including but not limited to DDOS) and/or other matters or acts endangering network security, which have damaged or may damage the domain names, networks or servers (including but not limited to local/nonlocal and foreign networks, servers, etc.) of Alibaba Cloud or other users, or impede the network connection between Alibaba Cloud and the Internet, or between Alibaba Cloud and a network or server and/or the internal network connection of Alibaba Cloud.

7. Disclaimers and Limitation of Liabilities

7.1 The User acknowledges and agrees that:

7.1.1 to the fullest extent permitted by law, it shall indemnify, defend and hold harmless the Registry, its designated entities and their subcontractors, Alibaba Cloud and its related entities, and their respective directors, officers, employees, agents and affiliates, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the registration and use of domain name by the User. This indemnification obligation shall survive the termination or expiration of these Terms of Service without limitation in time.

7.2 The User understands and agrees that Alibaba Cloud shall be exempted from losses to the User under the following circumstances:

7.2.1 Alibaba Cloud shall not be liable for any inability to provide the domain name service to the User due to force majeure or other unforeseen events or events outside the control of Alibaba Cloud, including but not limited to acts of God such as floods, earthquakes, epidemics, and social events such as wars, turmoil, government actions, suspension of basic routing line of telecommunication, etc.

7.2.2 In view of the characteristics of the Internet, Alibaba Cloud shall not be liable for losses suffered by the User due to hacker attacks, Internet connectivity disruption or system failure, communication outage caused by telecommunication department and other reasons not solely and directly caused by Alibaba Cloud.

7.3 After the registration of domain name has been completed, if the registered domain name is lost or cancelled due to the fault of Alibaba Cloud, and the User has therefore suffered losses, Alibaba Cloud’s total liabilities shall not exceed the annual management fees paid by the User to Alibaba Cloud for the domain name in that year. Alibaba Cloud is not liable for any direct or indirect loss, loss of business opportunities, loss of profits, infringement, other intangible loss, or any loss suffered by the User based on any contract or agreement between the User and any third parties.

8. Dispute and Dispute Resolution

8.1 The User understands and agrees that, in the event that a domain name registered by another person conflicts with the priority right of the User or causes a domain name of the User to be preemptively registered, or a domain name proposed to be registered by the User conflicts with the priority right of another person or causes a domain name of another person to be preemptively registered,

8.1.1 the User shall settle all disputes directly with the third party concerned, and ensure that Alibaba Cloud is not involved in any of the aforesaid disputes.

8.1.2 the User agrees that, in case of any of the aforesaid dispute, and without prejudice to any applicable jurisdiction, it accepts the jurisdiction of the courts in the following places: a: the User’s residence; b: the place where the principal office of the Registrar is located; c: the place where the Registry is located (e.g. CN China, etc.).8.1.3 the User further agrees that, if, due to any of the aforesaid disputes, the registered domain name of the User goes into the complaint, administrative or legal proceedings of the government, administrative or judicial authorities, Alibaba Cloud shall have the right to take any action it deems necessary, including any and all actions relating to the domain name, to comply with the practices or demands of the government, administrative or judicial authorities until the dispute is resolved. In this case, the User further undertakes to indemnify and hold Alibaba Cloud harmless in relation to any and all such actions.

8.2 The User understands and agrees that, in case of any dispute between the User and Alibaba Cloud arising from the signing or performance of these Terms of Service:

8.2.1 the parties concerned shall settle the dispute through friendly consultation, failing which, the parties agree to accept the jurisdiction of the People’s Court in Hangzhou.

8.2.2 these Terms of Service and any dispute relating thereto shall be governed by the laws of the People’s Republic of China.

9. Special Terms for Specific Top-level Domains

9.1 With respect to domestic domain names in China that followed by suffixes such as “.CN”, “.中国” (which means “China”), “.公司” (which means “company”) and “.网络” (which means “net”), the User agrees that:

9.1.1 Alibaba Cloud shall have the right to validate the application for domain name registration by the User pursuant to the Measures for the Administration of Internet Domain Names of China, and CNNIC policies, and cancel any domain name in violation of the Measures or CNNIC policies. Alibaba Cloud is not liable for any impact or consequence arising therefrom;

9.1.2 The User understands that, once the registration of the domain name followed by suffix “.中国” is completed, the User shall hold such domain name in both simplified Chinese and traditional Chinese, and it shall apply the same resolution setting to these two forms of domain name.

10. Miscellaneous

10.1 In case there is any conflict or inconsistency between these Terms of Service and any agreement entered into by the parties, or any statement made by Alibaba Cloud, these Terms of Service shall prevail.

The User further acknowledges that it has read, understood and agreed to the entire Terms of Service, and intends to officially proceed to online domain name registration pursuant to the terms and conditions prescribed above.