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Terms of Service

Last Updated: Nov 15, 2018

These Terms of Service are a valid contract between Alibaba Cloud Computing Ltd. (hereinafter referred to as “Alibaba Cloud”) and you as to the matters related to ApsaraVideo VOD. You can choose to accept the Terms of Service by stamping a hardcopy of the document, clicking to agree the terms on the Web page, or accepting the terms by any other means. Even if you have not clicked to agree to the Terms of Service, your use of the ApsaraVideo VOD service indicates that you have come to an agreement with Alibaba Cloud and you agree to accept all the Terms of Service. In case of any conflict between the hardcopy document stamped by both parties and the electronic Terms of Service that you click to agree on the Web page or by any other means, the hardcopy document stamped by both parties shall prevail.

With regard to the Terms of Service, you should note the restrictions and disclaimers, the clauses of how Alibaba Cloud determines and handles your violations and noncompliance, as well as the clauses regarding the selection of courts with jurisdiction. The text for restrictions and exceptions may be in bold type or underscored to call your attention. Before accepting these Terms of Service, please read their entire content carefully. If you have any doubts, please contact the relevant Alibaba Cloud service department for clarification. If you disagree with any content herein or cannot fully understand Alibaba Cloud interpretation of these terms, please do not proceed.

1. Service Content

1.1. Alibaba Cloud provides for you with ApsaraVideo VOD as presented at www.alibabacloud.com and related technical and network support (collectively “Services”).

1.2. The Services provided by Alibaba Cloud shall conform to the terms herein.

2. Service fees

2.1. The service charges will be listed on your order page. You shall pay service charges according to the currently effective pricing system at www.alibabacloud.com.

2.2. ApsaraVideo VOD is purchased on a Pay-As-You-Go basis. You pay for the service that you use. Alibaba Cloud provides this service as soon as you activate it. Alibaba Cloud performs billing based on the service that you use, issues a bill, and deducts the service fee from your Alibaba Cloud account. For charge deduction rules, please view the announcements at www.alibabacloud.com. The billing method effective at that time and standards published on the Web page shall be the basis for billing.

2.3. You shall maintain an adequate balance in your account to ensure your continued use of the service. Alibaba Cloud reserves the right to terminate or suspend the services and/or technical support if you fail to pay in full as agreed.

2.4. You fully understand that all of the complimentary items or activities in the Alibaba Cloud pricing system are one-off special promotions outside of the standard prices. The promotion contents do not cover the charges for modification, update, or maintenance of complimentary service items, and the complimentary service items cannot be converted into a monitory value to be deducted from the standard price.

3. Rights and obligations

3.1. Your rights and obligations

3.1.1. You agree to observe the Terms of Service and the related management norms and procedures on the service presentation Web page. You understand that the content of such agreements and norms may change from time to time. If any part of the Terms of Service changes, Alibaba Cloud shall notify you of the modification with an announcement on an appropriate Web page at www.alibabacloud.com 30 days in advance. If you disagree with any amendment made to the relevant terms in the Terms of Service, you have the right to stop using the Services. In this case, you shall migrate your data out of the Services and settle with Alibaba Cloud the fees (if any) charged for the Services. Your continued use of the Services is deemed as accepting the amendment made to the relevant terms in the Terms of Service.

3.1.2. You shall pay the charges for your Services in accordance with the announcements on the Alibaba Cloud Web page and the provisions in the Terms of Service.

3.1.3. You undertake that:

  • 3.1.3.1. If you use the services provided by Alibaba Cloud for business activities, you shall obtain the permission or approval from the related national departments. This includes, but is not limited to, the following:

If you own multiple websites, you shall ensure that all your websites have obtained permission or approval from the relevant national departments. If your website provides non-profit Internet information services, you shall handle filing formalities for the non-profit website and ensure that all submitted filing information is true and valid. When the filing information changes, submit updated information in the filing system in due time. If your website provides for-profit Internet information services, you shall also obtain a for-profit website license from your local communications administration. If you provide electronic bulletin services such as BBS, you shall also handle the relevant filing formalities or obtain the corresponding approval in accordance with the applicable laws, regulations and policies. If you operate an online gaming website, you shall obtain the Network Culture Operation License legally. If you operate an Internet video website, you shall obtain the License for Transmitting Audio or Video Programs Through Information Networks legally. If you offer Internet information services such as news, publication, education, health care, medicine and medical instruments, you shall go through the examination and approval of related competent authorities pursuant to applicable laws, administrative rules and regulations, and the relevant government regulations. Before applying for a business license or carrying out the filing procedures, you shall go through the examination and approval of the related competent authorities legally. You understand and acknowledge that the examples listed above do not cover all the types of permits or approvals you shall obtain from the related national authorities for your for-profit or non-profit activities. You shall obtain the related permits or approvals and follow the related laws and regulations enacted nationally and locally.

  • 3.1.3.2. Without express permission from Alibaba Cloud, you shall not modify, translate, recompile, lease, sublicense, disseminate on information networks, or transfer the Services or software provided by Alibaba Cloud, or reverse-engineer, decompile, or attempt by any other means to discover the source code of the Services or software provided by Alibaba Cloud.

  • 3.1.3.3. If Alibaba Cloud Services involve the license for any third-party software, you agree to abide by the restrictions of the related licensing agreement.

  • 3.1.3.4. No dissemination of email advertisements and spam: You shall not use the Services provided by Alibaba Cloud to massively distribute undesirable or unsolicited emails, electronic advertisements, or emails containing harmful information such as reactionary and pornographic content.

  • 3.1.3.5. Do not use the resources provided by Alibaba Cloud to upload, download, store, or publish the following information or content. Do not facilitate the publication of such information on any other party’s behalf (including, but not limited to setting URL and banner links):

3.1.3.5.1. Political propaganda and/or news information in violation of national regulations;
3.1.3.5.2. Information involving state secrets and/or national security;
3.1.3.5.3. Feudalistic superstition and/or obscene, pornographic, or vulgar information or any information that abets crime;
3.1.3.5.4. Illegal Internet publishing activities such as lotteries, gambling games, private servers and plug-ins;
3.1.3.5.5. Information in violation of national ethnic and religious policies;
3.1.3.5.6. Information that compromises Internet operation security;
3.1.3.5.7. Information or content infringing the legitimate interests of others or impairing social order, social security, or public morality;
3.1.3.5.8. Other content in violation of laws, regulations, department rules, or national policies.

  • 3.1.3.6. You shall not occupy or cause a program or process to occupy a large amount of server memory, CPU or network bandwidth resources on the platform composed of Alibaba Cloud cloud computing resources (such as Elastic Compute Service, network bandwidth, and storage space), placing an unreasonable load on Alibaba Cloud platform or other Alibaba Cloud users’ networks or servers (including but not limited to local, remote and international networks and servers), which in turn may affect normal communication between Alibaba Cloud and the Internet, between Alibaba Cloud and a specific network or server, and between Alibaba Cloud products, or causes breakdown or crash of Alibaba Cloud products and services or other Alibaba Cloud users’ servers, or causes users’ cloud platform products/applications to be inaccessible;

  • 3.1.3.7. You shall not conduct any behavior that undermine network security (including, but not limited to fishing, hacker attacks, network fraud, injection of or suspected involvement in the spreading of viruses, Trojans, and malicious code to websites or cyberspace, and suspected involvement in attack behaviors against other websites and servers using virtual servers, such as scanning, sniffing, ARP spoofing, and DDoS).

  • 3.1.3.8. You shall not change or attempt to change the system configurations provided by Alibaba Cloud or sabotage network security.

  • 3.1.3.9. Do not use the services provided by Alibaba Cloud to conduct any behavior impairing the legitimate interests of Alibaba Cloud, Alibaba Cloud’s affiliated Company or any company or website within the Alibaba Group, including but not limited to Alibaba, Taobao, Alipay, Alimama and Ant Financial (hereinafter collectively referred to “Alibaba Company”). The above-mentioned behaviors impairing the legitimate interests of Alibaba Company and websites include but are not limited to violations of any content of any agreement or terms, management norms and trading rules and other norms published by Alibaba Company, and behavior the damages or attempts to damage the fair-trade environment or normal trade order of Alibaba Company.

  • 3.1.3.10. You shall not conduct any activity in violation of laws, regulations, or Alibaba Cloud Terms of Service.

  • 3.1.3.11. If Alibaba Cloud finds that you are in violation any of the preceding terms, Alibaba Cloud has the right to take measures accordingly, including, but not limited to the immediate termination or suspension of services and the deletion of corresponding information. If a third-party organization or individual raises questions about or lodges complains against you, Alibaba Cloud shall inform you of the questions and complaints, and you are obliged to explain and present evidential materials within the specified time. If you fail to provide rebuttal evidence or fail to respond within the specified time, Alibaba Cloud shall take measures, including, but not limited to, the immediate termination or suspension of services and the deletion of corresponding information. If Alibaba Cloud is unable to reach you because of your failure to promptly update your contact information or provide correct contact information, it shall be deemed as a failure to provide feedback within the specified time.

3.1.4. You shall not install or use pirated software on Alibaba Cloud services or platforms. You shall bear full responsibility for the results arising from your own behavior (such as software installation and operations).

3.1.5. You shall be responsible for the completeness and confidentiality of the data that you have stored on the Alibaba Cloud platform and of the passwords and codes for accessing and managing the various products and services on the Alibaba Cloud platform. You are solely responsible for all the losses and other consequences due to the loss or disclosure of the preceding data, passwords, and codes arising from your improper maintenance or confidentiality.

3.1.6. You shall provide Alibaba Cloud with the contact information of the person enforcing the Terms of Service, a list of personnel managing the various products and services on the user network and cloud platform and their contact information, and provide the necessary assistance. In case of any change to such personnel, you shall update the new information online and notify Alibaba Cloud in a timely manner. You shall be liable for the provision of false, inaccurate, and incomplete information as well as the consequences of the personnel’s behavior or inaction.

3.1.7. You shall take responsibility for the data and content you have stored on Alibaba Cloud cloud platform. If any content uploaded or stored violates relevant laws, regulations, administrative rules, or national policies, all incurred consequences and responsibilities shall be borne by you and Alibaba Cloud system records can be used to provide evidence of your violation of laws and regulations.

3.1.8. You shall keep your website access log records, including posted information, post time, IP addresses, and domain names, in accordance with relevant laws and regulations such as “Regulation on Internet Information Service of the People’s Republic of China”, and provide such records if required by relevant authorities in legal investigations. You are fully liable for your failure to keep the relevant records.

3.1.9. You understand that Alibaba Cloud cannot guarantee that the services it provides are flawless (for example, Alibaba Cloud security products cannot guarantee that your hardware or software is absolutely secure). However, Alibaba Cloud promises to continuously improve its service quality and service level. Therefore, you agree that, even if the services provided by Alibaba Cloud have flaws, such flaws are inevitable due to the current technology level in the industry, and such flaws shall not be considered as agreement violations by Alibaba Cloud. You agree to work with Alibaba Cloud to resolve such flaws.

3.1.10. You understand and acknowledge that, when using ApsaraVideo VOD:

  • 3.1.10.1. You shall ensure that you possess the relevant qualifications to use ApsaraVideo VOD and associated businesses (such as License for Transmitting Audio or Video Programs Through Information Networks).

  • 3.1.10.2. You shall independently provide the necessary content and platforms required to play videos.

  • 3.1.10.3. You shall ensure that the broadcast content complies with national laws and regulations, departmental rules, and national policies. Prohibited content includes, but is not limited to, the following:

(1) Political propaganda and/or news information in violation of national regulations;
(2) Information related to national secrets and/or security;
(3) Feudalistic superstition and/or obscene, pornographic, or vulgar information or crime solicitation information;
(4) Illegal Internet publishing activities such as lottery prizes, gambling games, private servers, and plug-ins;
(5) Information in violation of national ethnic and religious policies;
(6) Information compromising Internet operation security;
(7) Information or content infringing on the legitimate interests of others and/or impairing social order, social security, and public morality.

3.2. Alibaba Cloud rights and obligations

3.2.1. Alibaba Cloud shall provide the Services as agreed herein.

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

  • 3.2.2.1. Alibaba Cloud shall provide paying users with 24/7 aftersales service for failures, along with valid contact information, and guarantee that these users can reach a contact who is responsible for failures. The contact shall provide prompt feedback after the failure is identified.

  • 3.2.2.2. Alibaba Cloud provides a 24/7 online ticket service system to answer users’ questions regarding usage.

3.2.3. Alibaba Cloud shall be responsible for only the components at or below the operating system level as well as O&M for the software provided by Alibaba Cloud, that is, the ApsaraVideo VOD-related technical architecture and operating system. You are solely liable for the components above the operating system level (for example, applications you have installed on the system). In addition, your own upgrade of the operating system may cause downtime and other adverse impacts, so please exercise caution.

3.2.4. Alibaba Cloud shall resolve the faults you encounter, except for those caused by your own activities and/or any force majeure events and matters beyond the control of Alibaba Cloud.

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

4. Storage, destruction, and download of user data

4.1. Alibaba Cloud may use the information that you submit when registering your account to send you promotional materials for products and services. Alibaba Cloud may detect and record your use of the Services (excluding business data) for the purpose of providing the Alibaba Cloud Security service to you (if applicable).

4.2. Disclosure of your user data, in part or whole, is allowed in any of the following circumstances:

  • 4.2.1. Disclosure made to a third party with your consent;

  • 4.2.2. Disclosure made to a third party or administrative or judicial body as per laws or as required by the administrative or judicial body;

  • 4.2.3. Disclosure required to a third party due to your violation of any relevant laws and regulations of China;

  • 4.2.4. When your data must be shared with a third party so as to provide software or services as required by you.

4.3. You understand and acknowledge that you shall ensure that transcoded multimedia files are promptly received, stored and backed up. Each time a transcoding task is completed, ApsaraVideo VOD releases and destroys the task results. Therefore, you must promptly store and back up transcoded files before the data is released and destroyed. Otherwise, the data will be irrecoverably lost and you shall bear all consequences arising from the destruction of the data.

5. Intellectual property rights

5.1. You shall guarantee that materials presented to Alibaba Cloud, usage of the Services provided by Alibaba Cloud, and deliverables generated by using the Services provided by Alibaba Cloud do not infringe on the legitimate interests and rights of any third party. If a third party lodges or is likely to lodge a claim or lawsuit against Alibaba Cloud for the infringement of copyrights, the rights and interests of a third person, Chinese laws and regulations, or other applicable laws, you shall compensate Alibaba Cloud for any and all costs or losses incurred therefrom.

5.2. When a third-party organization or individual challenges or files a complaint concerning the title of the intellectual property of the materials involved with your use of the Services provided by Alibaba Cloud, you have the responsibility to produce evidentiary documents in your defense and cooperate with Alibaba Cloud in coping with such a complaint.

5.3. You shall acknowledge that the intellectual property to any material, technology or technical support, software, or service provided by Alibaba Cloud to you belongs to Alibaba Cloud. You shall not allow the reproduction, distribution, transfer, licensing, or usage by a third party of the above-mentioned resources by any third party without the express consent of Alibaba Cloud or the third party. Otherwise, you shall assume the relevant responsibilities.

6. Confidentiality

6.1. Confidential information refers to all technical and non-technical information that one party discloses to the other party (confidential information includes but is not limited to product information, product plans, price information, financial and marketing planning, business strategies, client information, client data, R&D data, software and hardware, APIs, technical specifications, designs, special formulas, special algorithms, etc.).

6.2. Both parties agree to keep in secrecy the other party’s above-mentioned confidential information that it has known, and shall require its employees who have access to the same confidential information to strictly abide by the confidentiality obligations as stipulated in this clause. Unless it is strictly required by any state organ in accordance with the law or the aforesaid confidential information has been in the public domain, the party receiving the confidential information shall not make disclosure to any other party.

6.3. Both parties who agree on the Terms of Service explicitly recognize that the confidential information is the important information that both parties shall keep in secrecy and is the important asset of both parties respectively. Both parties shall make every effort to prevent disclosure of the above-mentioned confidential information. Once the confidential information has been found disclosed, both parties shall work together to take all reasonable measures to avoid or minimize damages.

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

7. Start, Suspension, and Termination of Service

7.1. You can use this Alibaba Cloud Service as of the day that you activate the Service.

7.2. You shall maintain a sufficient balance in your account to ensure your continuous usage of the service.7.3. Alibaba Cloud will no longer provide you with the ApsaraVideo VOD in any of the following cases:

  • 7.3.1. You and Alibaba Cloud reach an agreement on service termination.

  • 7.3.2. Due to a change in its business strategy, Alibaba Cloud terminates the services mentioned in the Terms of Service by releasing an announcement on its website, releasing a notice where appropriate on its website, or sending you a website notice or written notice in advance.

  • 7.3.3. In case that you seriously violate any of the Terms of Service including but not limited to a) Your failure in performing your obligations to make a payment, and/or b) Your serious breach of laws and regulations, etc., Alibaba Cloud shall have the right to terminate the Service ahead of time without refunding the fees that you have paid.

  • 7.3.2.1. As of the first default in payment, you may still continue using Alibaba Cloud ApsaraVideo VOD for 24 hours. If you fail to credit your account and clear the overdue payables within 24 hours, Alibaba Cloud will suspend the and freeze your ApsaraVideo VOD service (including video uploading, management, playback, and other operations), but still keep your data and continue billing (for the storage of existing videos).

  • 7.3.2.2. In case that the 15-day time limit as of the day when Alibaba Cloud suspends the Services (from the time when the Services are suspended to the same time on the 15th day) is reached and you still have not credited your account and cleared the overdue payables, Alibaba Cloud will terminate the Terms of Service and stop providing the Services for you. At the same time, all your data stored on Alibaba Cloud will be irrecoverably deleted and cleared.

7.3.4. You understand and fully acknowledge that even though Alibaba Cloud has established (and shall constantly make improvements based on technological developments) necessary technological measures to prevent any issue or behavior endangering network security (hereinafter referred to as “these behaviors”), including computer viruses, network intrusion and attacks (including but not limited to DDoS). However, in light of the limitations and relativity of network security technology and the unpredictability of these behaviors, if you suffer from these behaviors and this damages Alibaba Cloud or Alibaba Cloud other networks or servers (including but not limited to local, remote, and international networks, servers, etc.) or affects the smooth communication between Alibaba Cloud and the Internet or specific networks or servers, or within Alibaba Cloud, Alibaba Cloud has the right to suspend or terminate the Services. If the Services are terminated, service fees shall be calculated based on the actual number of months that you use the Services (days less than a month are rounded up to a full month), and remaining payments (if any) shall be refunded.

7.3.5. Alibaba Cloud may terminate these Terms of Service by making an announcement at www.alibabacloud.com or giving you a website notice or written notice 30 days in advance. Alibaba Cloud shall refund the money that you have paid, but not yet consumed, to your Alibaba Cloud account.

8. Liability for breach

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

8.2. You understand that, in view of the particularity of the computer and Internet field, it shall not be deemed as Alibaba Cloud’s default in the following circumstances:

  • 8.2.1. Alibaba Cloud has to suspend the Services for a short time for server configuration or maintenance.

  • 8.2.2. Access to your website may slow down as a result of a blocked path on the Internet.

8.3. If your Services are unavailable for 72 consecutive hours for reasons attributable to Alibaba Cloud, you can terminate the Services, provided that the Services did not become unavailable for any reason beyond the control of Alibaba Cloud.

8.4. Alibaba Cloud shall not, in any circumstances, take responsibility for any indirect, consequential, punitive, contingent, or special damages, including profit loss, incurred by the use of Alibaba Cloud service (even if you have been notified of the possibility of such losses).

8.5. Under no conditions shall Alibaba Cloud’s liability for liquidated damages due to the breach of these Terms of Service exceed the total service fees corresponding to the defaulting service.

9. Force majeure

9.1. In the event that a force majeure event or other contingencies make the performance of these Terms of Service impossible, unnecessary, or meaningless, the party suffering the force majeure event or contingencies shall not be liable for this.

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

10. Governing laws and dispute resolution

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

10.2. Any dispute arising during the performance of these Terms of Service shall be promptly settled by both parties through consultation. If no agreement can be reached, either party may file a lawsuit with the People’s Court of Hangzhou’s West Lake District.

11. Supplementary provisions

11.1. The service introductions and price descriptions provided by Alibaba Cloud on the relevant pages of www.alibabacloud.com and the order page on which you confirm your acceptance constitute an integral part of these Terms of Service. If such service introductions and price descriptions at www.alibabacloud.com or the order page conflict with these Terms of Service, these Terms of Service shall prevail.

11.2. Alibaba Cloud is entitled to transfer the obligations and rights herein, in part or whole, to any affiliated company by making an announcement at www.alibabacloud.com or sending you a notification on the website or notifying you in written form 30 days in advance.

11.3. Any clause herein that survives the termination of this agreement due to its nature or other respects shall remain in effect. Such clauses include, but are not limited to those with respect to warranties, confidentiality, intellectual property rights, governing laws, and dispute resolution.