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Data Transport Product and Service Terms

Last Updated: Sep 11, 2018

Data Transport Product and Service Terms

Alibaba Cloud Product and Service Terms are a valid agreement between you and Alibaba Cloud Computing Ltd. (hereinafter referred to as “Alibaba Cloud”) regarding matters related to the products and/or services provided by Alibaba Cloud. Alibaba Cloud Product and Service Terms consist of the general terms of this Agreement and the specific terms of each product and/or service. In the case of any inconsistency between the general terms of service and the specific terms of service of this Agreement, the specific terms of service shall prevail. In this document, the “Alibaba Cloud Product and Service Agreement” is referred to as “this Agreement”. The Alibaba Cloud products, services, or products and/or services are collectively referred to as “services”.

Before accepting this Agreement, please read the whole content of this Agreement carefully. If you have any questions about the terms and conditions herein, please consult the Alibaba Cloud customer service department. Alibaba Cloud will explain the terms to you. If you are unable to accurately comprehend Alibaba Cloud’s explanations and descriptions of the terms, or you do not agree to any portion of this Agreement, do not continue to use any of the relevant products and/or services. When you click “OK” on the webpage, actually buy or use the products provided by Alibaba Cloud, download, print out, and stamp the relevant documents, or perform any other such operation, you are deemed to have read and fully understood the content of this Agreement. In addition, this indicates you have reached an agreement with Alibaba Cloud to subscribe to the relevant Alibaba Cloud services and agree to accept all the terms and conditions of this Agreement and abide by its constraints.

Areas of special concern in this Agreement: Terms relating to restrictions, disclaimers, the confirmation and handling of violations, the selection of courts for legal proceedings, and other such content may be in bold and/or underscored for your attention.

General terms of service

1. Service content

1.1. The “products and/or services” referenced in this Agreement refer to the services as presented on www.aliyun.com (that is, the Alibaba Cloud official website). The specific service content is the content of the services actually subscribed to.

2. Service prices and costs

2.1. Alibaba Cloud lists service prices on the relevant pages of the www.aliyun.com website or provides you with the payable fee to subscribe to a service based on the specifications and configurations of the selected products. When subscribing to services, you shall pay the amount displayed by the price system on the www.aliyun.com website.

2.2. You can use Alipay, online banking, bank transfers, and other methods to add funds to your Alibaba Cloud account and, afterwards, use such funds to subscribe to specific services. Payment methods and other specific rules shall follow the content displayed on the pages of the Alibaba Cloud official website.

2.3. Based on the different types of services you subscribe to, you must pay the complete service fee before the deadline shown on the Alibaba Cloud official website. Before you pay the complete fee in accordance with the convention, Alibaba Cloud has the right to refuse to provide the relevant services or terminate the provision of relevant services.In addition, Alibaba Cloud has the right to charge late payment liquidated damages equal to 5/10000 of the overdue amount per day:

2.3.1. Prepaid services:

2.3.1.1. If you buy services sold as a monthly subscription or resource package (plan), Alibaba Cloud shall provide the services for you after all service charges are paid in full.

2.3.1.2. You must promptly complete the payment after submitting an order. In the case of failure to promptly complete payment, the order can be invalidated: (1) If payment is not completed within seven days, the order is automatically invalidated; (2) If the service inventory becomes insufficient before payment is completed, the order is automatically invalidated. Once an order is invalidated, all agreements or actions between you and Alibaba Cloud regarding the contents and prices of services contained in the order are no longer valid.

2.3.1.3. If you plan to continue using services after the service period expires, please pay the renewal fee within seven days before the expiration of the service period, to ensure you can continue to use the services.

2.3.2. Postpaid services:

If you buy services billed on a Pay-As-You-Go basis, you can activate and use the services first. Alibaba Cloud will calculate the actual use during the previous 1 (one) billing cycle (hour, day, month, or other cycle based on the actual service) automatically and deduct the corresponding service charges from your Alibaba Cloud account balance. The specific deduction rules and billing items shall be subject to the currently valid information on the Alibaba Cloud official website.

2.4. Alibaba Cloud regularly or irregularly implements discount events and policies (collectively referred to as “discount events”). For example: free service content, an extended service period, or a direct discount provided when a one-time subscription meets a set level or service volume, free coupons, special product prices/discounts for 11/11 shopping sprees, and recommendation code discounts. With respect to such discount events, you understand and acknowledge:

2.4.1. These discount events or policies are special discounts outside of the standard prices of services. The discount content does not cover the charges for modification, update, or maintenance of complimentary service items, and the complimentary service items cannot be converted into a monitory value to be deducted from the standard price.

2.4.2. Because some discount events and policies are based on your prior commitment to use services for a certain length of time or amount, if you cancel your subscription to the corresponding service in advance, Alibaba Cloud has the right to resume billing at the original price, collect liquidated damages, collect subscription cancellation/return processing fees, void issued coupons, require you to pay the cost of coupons you have already used, or take other measures to handle the situation. In such cases, the relevant methods displayed on the official website or set out in the relevant orders shall prevail.

2.4.3. Unless otherwise specified, multiple discounts of Alibaba Cloud cannot be combined for use at the same time.

2.5. You understand and acknowledge that Alibaba Cloud may provide you with free services or services that are free up to a certain usage level in the form of invitational testing, public beta testing, and other formats. In such cases, you are not required to pay service fees during the free period or when your usage does not exceed the free quota. Alibaba Cloud does not rule out the possibility of charges in the future for such services. At such a time, Alibaba Cloud shall make every effort to publish the charging policy and standards in advance by posting an announcement on the appropriate area of the website, sending an in-site notification, or by some other means. If you continue to use the relevant service, you shall pay the fees according to the valid charging policy and standards published at such time.

3. Rights and obligations

3.1. Your rights and obligations

3.1.1. You shall comply with the conventions of this Agreement. You shall also carefully read and comply with the relevant service descriptions, technical specifications, use processes, and operations documentation posted on the Alibaba Cloud official website. You shall understand the content and the consequences that may occur. When using the service, you shall perform operations in accordance with the relevant instructions. You shall bare sole responsibility for the consequences arising from any violations of the relevant operation instructions. Alibaba Cloud shall bear no responsibility for such consequences. Please be aware of the relevant risks and perform operations with caution. If you use open APIs provided by Alibaba Cloud to subscribe to services, this constitutes your commitment to read and understand the previously mentioned content on the Alibaba Cloud official website and any updates thereto at regular intervals and/or before buying a specific service.

3.1.2. You shall provide Alibaba Cloud with a contact person responsible for enforcing this Agreement and a list of personnel managing the various services on your networks and cloud platforms and their contact information. In the case of changes to these employees, you shall independently update the information online. You alone shall be liable for the provision of false, inaccurate, and incomplete personnel information as well as any consequences arising from the action or inaction of these personnel.

3.1.3. You shall 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 all consequences and responsibilities arising from your failure to keep the relevant records as specified.

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

3.1.5. If you use the services provided by Alibaba Cloud for activities that must be permitted or approved from the related national authorities, you shall obtain the relevant permission or approval in time.You understand and acknowledge that the items listed above do not cover all the types of permissions or approvals you shall obtain from the relevant national authorities for your for-profit or non-profit activities. When engaging in such activities, you shall obtain the related permissions or approvals and follow the related laws and regulations enacted nationally and locally.

3.1.6. In addition, you promise not to engage in the following activities:

3.1.6.1. You shall not use the services provided by Alibaba Cloud to distribute a large number of undesirable or unsolicited emails, electronic advertisements, or emails containing harmful information, such as reactionary and pornographic content.

3.1.6.2. You shall not use the services provided by Alibaba Cloud as virtual servers, unauthorized proxy servers, or email servers.

3.1.6.3. You shall not use the services provided by Alibaba Cloud to engage in anti-DDoS protection, DNS protection, or other such for-profit activities.

3.1.6.4. You shall not use the services provided by Alibaba Cloud to provide any proxy service or become a channel for obtaining illegal information outside China relying on technical means.

3.1.6.5. You shall not conduct any behavior impairing the legitimate interests of Alibaba Cloud and/or its affiliated companies (including but not limited to companies in the Alibaba group, such as Taobao and Alimama, and companies affiliated with the Alibaba Group, such as Alipay). Such behaviors include but are not limited to: violations of any content of any service agreements/terms, management norms, trading rules, and other content published by such companies, and behavior that damages or attempts to damage the fair trade environment or normal trade order of the Alibaba company.

3.1.6.6. You shall not use the resources and services provided by Alibaba Cloud to upload, download, store, or publish the following information or content, or facilitate the publishing of such information for others (including but not limited to setting URL and BANNER links):

(1) Political propaganda and/or news information in violation of national regulations.

(2) Information related to national secrets and/or security.

(3) Feudalistic superstition and/or obscene, pornographic, or vulgar information or crime solicitation information.

(4) Illegal Internet publishing activities such as lottery prizes, gambling games, private servers, and plug-ins.

(5) Information in violation of national ethnic and religious policies.

(6) Information compromising Internet operation security.

(7) Information or content infringing on the legitimate interests of others and/or impairing social order, social security, and public morality.

(8) Other content in violation of laws, regulations, departmental rules, or national policies.

3.1.6.7. You shall not occupy or cause a program or process to occupy a large amount of server memory, CPU or network bandwidth resources (including but not limited to Web mining) on the platform composed of Alibaba Cloud’s servers, network bandwidth, storage space, and other cloud computing resources (hereinafter referred to as the “cloud platform”), placing an unreasonable load on Alibaba Cloud’s cloud platform or other Alibaba Cloud users’ networks or servers (including but not limited to local, non-local, and international networks and servers), which in turn may affect normal communication between Alibaba Cloud and the Internet, between Alibaba Cloud and a specific network or server, and within Alibaba Cloud, or cause Alibaba Cloud’s cloud platform services or other Alibaba Cloud users’ servers to shut down or crash, or cause users’ cloud platform products/applications to be inaccessible.

3.1.6.8. You shall not conduct any behaviors that undermine or attempt to undermine network security (including but not limited to phishing, hacker attacks, network frauds, injection of or suspected involvement in the spreading of viruses, Trojan horse, and malicious code to websites or cyberspace, and suspected involvement in attack behaviors against other websites and servers by using virtual servers, such as scan, sniffers, ARP spoofing, and DDoS).

3.1.6.9. You shall not install or use pirated software on Alibaba Cloud services or platforms. You understand and agree that Alibaba Cloud has the right to refuse to deploy application systems for pirated software on Alibaba Cloud services or platforms. You shall take full responsibility for the results caused by your own behaviors (such as software installation and operations). If the legal copyright owner of software you installed files infringement complaints, charges, or other claims against Alibaba Cloud, you shall take all reasonable measures to ensure that Alibaba Cloud is held exempt from all liability, including but not limited to situation clarification, provision of certificates proving use of legitimate software, and other measures to cause the legal copyright owner to withdraw the above claims.

3.1.6.10. 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, except that Alibaba Cloud provides the express permission in written form.

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

3.1.6.12. You shall not participate in other activities in violation of laws, regulations, departmental rules, or national policies.

3.1.7. You understand and agree that state secrets of the People’s Republic of China are protected by law and you are obliged to keep such information confidential. When using Alibaba Cloud services, you shall observe the requirements of relevant confidentiality laws and regulations and shall not endanger the security of state secrets of the People’s Republic of China.

3.1.8. If Alibaba Cloud services involve the permission to use third-party software, you agree to follow the restrictions in the related licensing agreement.

3.1.9. You shall be responsible for data backup and backup of the business system built based on the Alibaba Cloud services, and complete relevant operations on your own.

3.1.10. You understand and agree that when you use the Alibaba Cloud services, you shall still comply with the national security compliance requirements for the relevant business and computer systems. You shall ensure on your own that your business system, computer security system, and other systems on the Alibaba Cloud services meet the national, local, or industrial security compliance requirements. Alibaba Cloud shall be responsible for security compliance of the provided services and relevant business and computer systems that the services rely on.

3.1.11. You shall undertake not to sublease the network access resources such as the IP addresses and bandwidths that you obtained from Alibaba Cloud to other enterprises for business such as IDC and ISP.

3.1.12. Some Alibaba Cloud services may possess account authorization management functions. These allow you to grant some or all service operation permissions to one or more authorized accounts. In this case, the operations and behavior of any authorized account is viewed as if you had performed the operations or behavior using your own account. You understand and agree that your use of users and authorization management functions is the result of your independent judgment. You shall be independently and wholly responsible for all results of the operations and behavior of authorized accounts and shall bear the relevant service fees.

3.2. Rights and obligations of Alibaba Cloud

3.2.1. Alibaba Cloud is obligated to provide you with services in accordance with this Agreement and the content regarding services presented on the Alibaba Cloud official website.

3.2.2. You understand and acknowledge that, due to technical limitations, Alibaba Cloud cannot guarantee that the services it provides are free from flaws. (Alibaba Cloud’s overall security protections or security products cannot guarantee that your hardware or software is absolutely secure. For example, after technical iteration or service device update, the services may not be adaptable for your application or software at any time.) However, Alibaba Cloud promises to continuously improve its service quality and service level, to provide you with higher-quality services. Therefore, you agree that, even if the services provided by Alibaba Cloud have flaws and such flaws cannot be avoided due to the current technology level in the industry, these flaws shall not be considered as violations on the part of Alibaba Cloud. You agree to work with Alibaba Cloud to resolve such flaws.

3.2.3. Alibaba Cloud shall be responsible for only the underlying components at or below the operating system level as well as O&M for the software provided by Alibaba Cloud, such as the relevant technical architecture and operating systems of ECS and ApsaraDB for RDS. You are solely responsible for the components above the operating system level (for example, applications you have installed on the system). In addition, your own upgrades of the operating system may cause downtime and other adverse effects. In such cases, you are responsible for understanding the risks and taking the necessary precautions.

3.2.4. You understand and acknowledge that Alibaba Cloud may limit your service usage methods, scope, or functions in accordance with the types, features, and specifications of the services you subscribe to. You shall carefully read the specific terms, user guides, and other instructions Alibaba Cloud provides for the services you subscribe to, and understand and observe the usage restrictions. You also agree that, if your use of a service exceeds the specification you bought, Alibaba Cloud reserves the right to limit or suspend service provision at its own discretion.

3.2.5. You understand and acknowledge that, when Alibaba Cloud provides you with security protections based on certain services (such as Alibaba Cloud Security Server Guard) and management and monitoring functions and services (such as CloudMonitor), even if Alibaba Cloud has performed detailed testing on such services, it cannot ensure that such services are compatible with all hardware and software systems, nor can it ensure the complete accuracy of such software and services. In the case of incompatibility or software errors, you shall disable or stop using the relevant functions, or contact Alibaba Cloud for technical support.

3.2.6. During the term of service, Alibaba Cloud shall provide you with the following after-sales services:

3.2.6.1. Alibaba Cloud shall provide 24/7 telephone consulting services and online ticket consulting services to address any issues you may encounter during use.

3.2.6.2. Alibaba Cloud shall provide you with support service in the case of faults. You shall use online tickets to report faults. Alibaba Cloud shall promptly provide support for any faults not due to improper operations. However, this does not apply to faults due to your own actions, force majeure events, and other causes beyond the control of Alibaba Cloud.

3.2.7. Alibaba Cloud shall notify you 30 days in advance of any change to this Agreement by publishing an announcement on the appropriate area of the official website. If you do not agree to the modifications made by Alibaba Cloud, you have the right to stop using the Alibaba Cloud services. In such a case, you shall notify Alibaba Cloud to terminate the service. You shall be responsible for business data migration and Alibaba Cloud shall promptly settle the service charges (if any) with you. If you continue using the Alibaba Cloud services, you are deemed to have accepted the relevant modifications made by Alibaba Cloud.

3.2.8. If you violate any of the provisions of article 3.1, Alibaba Cloud reserves the right to take appropriate measures to handle the situation. These include but are not limited to the deletion of the relevant challenged and complained information and the suspension or termination of your service. If a third-party organization or individual challenges or files a complaint regarding you, you have the responsibility to provide an explanation and present evidential materials within the specified time. If you fail to provide rebuttal evidence or give overdue feedback, Alibaba Cloud will take appropriate measures, including but not limited to, the deletion of harmful information and programs and the suspension or termination of your service.

4. User data

4.1. User business data

4.1.1. Alibaba Cloud understands and acknowledges that the data you process, store, upload, download, distribute, and otherwise use with the services provided by Alibaba Cloud are your user business data. You have full ownership of your user business data.

4.1.2. You are responsible for the sources and content of your user business data. Alibaba Cloud reminds you to carefully determine the legality of such data sources and content. You alone shall bear all consequences and liabilities arising from violations of laws, regulations, departmental rules, or national policies due to the content of your user business data.

4.1.3. Except for implementing your service requirements, Alibaba Cloud shall not use or disclose your user business data in any way without authorization. However, this does not apply to the following situations:

4.1.3.1. When competent national authorities request or access user business data according to law and Alibaba Cloud is obligated to cooperate and provide such data to a third-party, administrative, legal, or other institution as required by laws, regulations, and policies documents.

4.1.3.2. When you have reached a separate agreement with Alibaba Cloud pertaining to user business data.

4.1.4. You can independently delete, change, and otherwise operate on your user business data. If you release services or delete data on your own, Alibaba Cloud will delete your online data and no longer retain the data as instructed by you. You shall exercise caution when deleting, changing, and performing other data operations.

4.1.5. When the term of service expires, the service is terminated in advance (including but not limited to early termination by agreement between both parties, and early termination due to other causes), or you are in arrears, Alibaba Cloud will continue to store your user business data (if any) only for the specified grace period (the time limit specified in the specific terms, product documentation, service description, and other such materials for your services shall prevail). After this period elapses, Alibaba Cloud will delete all user business data, unless such action is clearly prohibited by relevant laws or regulations, the requirements of competent authorities, or a separate agreement between the two parties. The data to be deleted includes all cached or backed up copies. Alibaba Cloud shall no longer retain any of your user business data.

4.1.6. Once deleted, user business data cannot be restored. You shall independently bear any consequences and responsibilities arising from such data deletion. You understand and agree that Alibaba Cloud has no other obligations regarding the continued retention, export, or return of user business data.

4.1.7. According to the agreement you have reached with Alibaba Cloud, Alibaba Cloud will store user business data in data centers specified by you. Alibaba Cloud shall adhere to its security commitment to users and protect the data stored by users in data centers within Alibaba Cloud according to applicable laws.

4.2. User account information

4.2.1 Your user account information includes the following information entered to log on to your Alibaba Cloud account or subscribe to and use Alibaba Cloud services: (1) Entered or submitted information, including company names, business license information, personal names, genders, birthdates, ID numbers, passport information, phone numbers, email addresses, street addresses (including zip codes), and payment accounts; (2) Information recorded by Alibaba Cloud concerning your service use, including your bills, subscription history, consultation records, fault records, and troubleshooting processes.

4.2.2. As Alibaba Cloud collects your information in order to provide services to you and improve the service quality, Alibaba Cloud shall only use your information for the following purposes, unless you and Alibaba Cloud have reached a separate agreement that states otherwise, or competent national authorities request or access such information according to law and Alibaba Cloud is obligated to cooperate and provide such information to a third-party, administrative, legal, or other institution as required by laws, regulations, and policies documents:

4.2.2.1. To provide specific services that your use, or maintain and improve these services.

4.2.2.2. To recommend content that may interest you (including but not limited to sending you information on products and services), provided such activities comply with the requirements of relevant laws and regulations.

4.3. User support data

You understand and agree that, to promptly respond to your requests for help, ensure the overall security of cloud platforms, and improve Alibaba Cloud services, Alibaba Cloud will detect, view, and record your service use behavior, insecure data features, and other user support data. User support data does not include user business data and user account information.

5. Intellectual property rights

5.1. Under the terms of this Agreement, the rights to any information, technology, technical support, software, services, and other intellectual property provided by one party to the other belong to the providing party or other legitimate rights holders. Unless the providing party or another legitimate rights holder provides express consent, the other party has no right to copy, disseminate, transfer, license, or provide for use by another person the aforementioned intellectual property. In such a case, this party shall bear the corresponding liabilities.

5.2. You shall ensure that the information you provide for Alibaba Cloud, all the data you upload to Alibaba Cloud services, your use of Alibaba Cloud services, materials involved for using Alibaba Cloud services, and relevant achievements do not infringe upon the legitimate interests of any third party. If a third party initiates any compliant, claim, lawsuit, or other type of appeal against Alibaba Cloud as a result of the information or data you provide, upload, or use, or the results of your behavior or work, you understand and acknowledge that you shall immediately come forward to resolve the issue and compensate Alibaba Cloud for all direct economic losses arising from this situation, including but not limited to various fees and compensation expenses.

5.3. If a third-party institution or individual challenges or files a complaint regarding the intellectual property rights belonging to Alibaba Cloud services, you shall immediately notify Alibaba Cloud. Alibaba Cloud will handle the situation.

6. Confidentiality

6.1. In this Agreement, confidential information refers to the business secrets (including financial secrets), technical secrets, business know-how, and/or other information and materials that shall be kept confidential (including but not limited to product information, product planning, prices, financial and marketing plans, business strategies, customer information, customer data, research & development, software, hardware, APIs, technical specifications, designs, special formulas, and special algorithms) that one party (hereinafter referred to as the “recipient”) obtained or learned from the other party (hereinafter referred to as the “discloser”), or generated from both parties’ fulfillment of this Agreement, regardless of the format of such information and data or its storage media, or whether the discloser indicates its confidentiality in verbal, graphic, or written form.

6.2. Both parties shall take appropriate measures to properly store the confidential information provided by the other party. The degree of prudence exercised shall be no lower than the degree to which it protects its own confidential information. Both parties shall only use the confidential information for its intended uses or purposes under this Agreement.

6.3. Both parties shall guarantee that the confidential information shall only be disclosed to directors in charge of or employees involved in this business, and shall strictly restrict the staff with access to the above confidential information, so as to comply with the confidentiality obligations set forth in this article.

6.4. The above restrictions in this article do not apply to the following situations:

6.4.1. Upon or prior to the signing of this Agreement, the confidential information was already obtained by the recipient by legal means.

6.4.2. The confidential information has been disclosed to the public or can be obtained from the public domain.

6.4.3. The confidential information is obtained by the recipient from a third party having no confidentiality or non-disclosure obligations.

6.4.4. So long as such activities do not violate the responsibilities agreed under this Agreement, the confidential information has been disclosed to the public or can be obtained from the public domain.

6.4.5. The confidential information is developed independently by the recipient or its associated or affiliated companies without any benefit from the discloser or its associated or affiliated companies.

6.4.6. The recipient discloses the confidential information upon request by courts or other legal and administrative departments (by oral questioning, inquiry, request of information or documents, subpoena, civil or criminal investigation, or other procedure).

6.4.7. The recipient, in order to apply for a business qualification from administrative departments or industry associations, obtain a certification, or comply with national and industry standards/certifications, must provide relevant materials or explanations to the above organizations. In such cases, the recipient shall adhere to the principle of minimum necessary disclosure and require the organizations being informed of the confidential information to keep it confidential in accordance with standards no lower than the standards of this Agreement.

6.5. You and Alibaba Cloud shall make best efforts to prevent the disclosure of the aforementioned confidential information. Once it is found that the confidential information has been leaked, both parties shall work together to take all reasonable measures to avoid or minimize the consequent damages. In case of any loss to one party arising from a leak caused by the other party, the party at fault shall compensate the other party for direct economic losses.

7. Service activation, change, and termination

7.1. You can activate and use services using your Alibaba Cloud account, APIs, or the CLI.

7.2. Services sold as monthly subscriptions or resource packages (plans):

7.2.1. These services can be activated immediately after payment. You will receive keys and passwords sent by Alibaba Cloud that allow you to log on to and use the services. The term of service is calculated from the activation time (not from when you receive the logon and use keys and passwords).

7.2.2. For services sold as monthly subscriptions, the term of service expires when the subscription period elapses. For services sold as resource packages (plans), the term of service ends when the service term of the subscribed resource package expires or you use up the services contained in the resource package (whichever occurs first).

7.2.3. Before the end of the term of service, if you cancel your subscription to the corresponding service for no valid reason, Alibaba Cloud has the right to resume billing at the original price, collect liquidated damages, collect subscription cancellation/return processing fees, or take other measures to handle the situation. In such cases, the relevant methods displayed on the official website or set out in the order shall prevail.

7.2.4. For services sold as a resource package, you shall use up the services contained in the package during the term of service. If the resource package’s term of service expires before you use up the services you have already subscribed to, the unused portion shall be voided and Alibaba Cloud will provide no replacement or compensation. Your use of services will first consume any subscribed resource packages. Unless required by law or otherwise agreed by both parties, if all services in the resource package are used up or the term of service expires and you continue to use the service without subscribing to another resource package, Alibaba Cloud will bill your use of the service according to the Pay-As-You-Go sales method (if applicable). In such a case, Alibaba Cloud will continue billing you and deduct the service charges based on the billing results.

7.3. Services sold on a Pay-As-You-Go basis:

Unless otherwise specified or if you have not settled other payable items, you can use Pay-As-You-Go services upon activation. You shall ensure that your account balance is sufficient to avoid disruptions to your use of Alibaba Cloud services.

7.4. You understand and agree that Alibaba Cloud does not provide a service permanently due to technical upgrade, service system upgrade, operation strategy adjustment, or adaptation to the state’s major technical change, regulation and policy change, and other changes, and Alibaba Cloud may change the format, specifications, and other aspects of the service provided. Before terminating the service or making the above changes, Alibaba Cloud will do its best to provide advance notice using website announcements, in-site messages, emails, text messages, or other methods. If terminating the service, Alibaba Cloud will notify you of the service termination 30 days in advance, and properly perform subsequent operations (including but not limited to refunding the money that you have paid, but not yet consumed, to your Alibaba Cloud account).

7.5. In any of the following circumstances, the service shall be terminated before the expiration of the term of service:

7.5.1. Both parties agree to terminate the service ahead of schedule.

7.5.2. If you commit a serious violation of this Agreement (including but not limited to a serious violation of relevant laws or regulations or a serious violation of any of the your commitments under the terms of this Agreement), Alibaba Cloud reserves the right to terminate the service ahead of schedule and immediately delete all your data.

7.5.3. You understand and fully acknowledge that, you shall be independently responsible for connection and network access through AP devices and shall take necessary technical measures to prevent any matter or behavior from endangering network security (hereinafter referred to as “these behaviors”), including computer viruses, network intrusions, and attacks (including but not limited to DDoS attacks). In light of the limitations and relative nature of network security technology as well as the unpredictability of these behaviors, if your network experiences these behaviors and damages Alibaba Cloud or Alibaba Cloud’s other networks or servers (including but not limited to local, remote, and international networks, servers, and so on) or affects the smooth communication between Alibaba Cloud and the Internet or specific networks or servers, or within Alibaba Cloud, Alibaba Cloud may decide to suspend or terminate the service. If the service is terminated, the service fees will be calculated based on the number of months the service was actually provided (or by the number of days if less than a month), and the remaining balance (if any) will be refunded.

8. Liability for service breach

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

8.2. You understand that, in view of the particularities of computer and Internet services, in addition to force majeure and unexpected events, the following situations shall not be deemed as a breach on the part of Alibaba Cloud:

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

8.2.2. The access speed of your website decreases as the 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 case, take responsibility for any indirect or punitive damages, including profit losses incurred by your use of Alibaba Cloud services (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.Limitation of and exemption from liability

You shall understand and agree that, when Alibaba Cloud allows you to try out or use a service for free (for a certain time or under a certain usage quota) in public beta, invitational testing, or by another method, although Alibaba Cloud will provide support for service availability and reliability, Alibaba Cloud makes no commitments regarding service availability or reliability. Alibaba Cloud also accepts no responsibility for any work or consequence arising from your use of or inability to use such Alibaba Cloud services.

10. Force majeure and unexpected events

10.1. In the case that a force majeure event or other unexpected event makes the fulfillment of this Agreement impossible, unnecessary, or meaningless, the party suffering the force majeure or unexpected event shall not be liable for this.

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

11. Governing laws and dispute resolution

11.1. The establishment, implementation, interpretation, and dispute resolution of this Agreement shall be governed by the law of the People’s Republic of China.

11.2. Any dispute arising during the performance of this Agreement shall be settled by both parties through consultation in due time. If no agreement can be reached, either party may file a lawsuit with the People’s Court of Hangzhou’s West Lake District.

12. Others

12.1. The service and price descriptions provided by Alibaba Cloud on the relevant pages of the official website (www.aliyun.com) and the order page on which you confirm your acceptance (including the specific terms, service descriptions, operation documentation, and other materials for the specific products) constitute an integral part of this Agreement. If service and price descriptions provided by Alibaba Cloud on the relevant pages of the official website (www.aliyun.com) and the order page on which you confirm your acceptance are inconsistent with this Agreement, the relative priority is as follows: (1) Service description, price description, and other order pages; (2) Specific terms; (3) General terms of this Agreement.

12.2. Alibaba Cloud has the right to transfer all or some of its rights and obligations under this Agreement to an affiliated company provided it provides notification 30 days in advance in the form of an announcement on the Alibaba Cloud official website (www.aliyun.com), in-site notification, email notification, or another method. The affiliate shall not substantially downgrade the quality of service you receive. In such a case, Alibaba Cloud and the affiliate shall bear joint and several liability to you.

12.3. The provisions under the warranty clause, confidentiality clause, intellectual property clause, governing laws and dispute resolution clause, and other relevant provisions remain in effect after the termination of this Agreement.

12.4. If the Agreement accepted by clicking on the webpage is inconsistent with the document stamped by both parties, the stamped document shall prevail.

Data Transport specific terms

1. The product service content includes:

1.1. Alibaba Cloud ensures that the available equipment is delivered to your designated location in time in accordance with the contract.

2. Rights and obligations of you and Alibaba Cloud

2.1. Data Transport devices are necessary for Alibaba Cloud to migrate your data. You have the right to use the devices. However, Alibaba Cloud does not transfer the ownership. You are obligated to properly use and keep the Data Transport hardware devices. In the event of unavailability of the Data Transport devices due to the loss caused by you, you shall pay Alibaba Cloud for maintenance or update of the Data Transport hardware devices, which will be automatically deducted from your deposit.

2.2. Alibaba Cloud is obligated to ensure that the Data Transport hardware devices function properly. Alibaba Cloud shall replace the Data Transport hardware devices for you free of charge due to device unavailability caused by the problems of the Data Transport hardware devices or Alibaba Cloud. However, this does not apply to damages caused by the force majeure events or your own actions.

2.3. Before using the Data Transport service, you shall submit a list of requirements, including but not limited to the amount of data to be migrated, file type of the data source, amount of data, and average size of data files. In addition, you shall specify the data migration destination area in advance and plan the data structure. After the aforementioned preparations, you shall use the data copying software included in Data Transport to copy the data. You alone shall bear all migration failures arising from your submitting incorrect information.

2.4. You shall pay for the additional cost of cloud computing resources of Alibaba Cloud, other than the Alibaba Cloud Data Transport service, which you require for data migration to the cloud.

2.5. In order to improve the data security, the data copying tool of Data Transport will package (compress) and encrypt the data, and the password will be kept by you. After you copy the data and send the Data Transport hardware to the designated address of Alibaba Cloud, you shall provide the password through a ticket. Alibaba Cloud decrypts the data using the password you provided and completes data migration to the cloud. If the password you provided is incorrect, you shall independently bear the migration failure due to the decryption failure.

2.6. After fully copying the data that you designated to the Data Transport device, the device will prompt you for confirmation. After Alibaba Cloud migrates the data from the device you sent, you can use the tools provided by Alibaba Cloud to compare the source data with the files on the cloud. However, Alibaba Cloud provides the aforementioned comparison tools only for helping you verify the data consistency. Alibaba Cloud shall not be liable for the data consistency.

2.7. You understand and acknowledge that, given the inherent features of hardware devices and the in-transit risks of Data Transport during the mailing, there may be situations where the migrated data is inconsistent with the source data. Therefore, backing up local data is your responsibility and obligation. You shall delete the local data after the data migration is complete and the consistency between the migrated data and your source data is confirmed.

2.8. Alibaba Cloud will immediately erase data from Data Transport after migrating the data from Data Transport to the cloud.

2.9. You shall be responsible for the loss due to your data in violation of the relevant laws and regulations of the People’s Republic of China.

2.10. You shall deliver the goods to the address provided by Alibaba Cloud within 30 days after you pay all service fees and submit the delivery application.

2.11. After you have migrated your source data into the Data Transport hardware device, you shall be responsible for mailing the device back to the address designated by Alibaba Cloud using the logistics partners recommended by Alibaba Cloud. You shall be liable for in-transit risks if you choose your own logistics partner. Please carefully select the logistics service provider and take measures, including but not limited to, data encryption and local backup to protect data security and reduce possible losses.

2.12 Confirmation of data migration. The data displayed on the Alibaba Cloud console shall prevail. If the amount of data is greater than that migrated, the data migration is deemed as being completed.

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