Welcome to sign the service trial terms (hereinafter referred to as "the terms") with Alibaba Cloud Computing Co., Ltd. (hereinafter referred to as "Alibaba Cloud") and try out Alibaba Cloud services!
The key words listed in the front of the clause are only used to help you understand the main idea of the clause, and do not affect or limit the meaning or interpretation of the clause. In order to protect your own rights and interests, it is recommended that you carefully read the specific expressions of each clause.
[Read carefully] You should read these terms carefully before agreeing to them. Please carefully read and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, legal application and dispute resolution. These clauses will be marked with bold underline, and you should focus on reading. If you have any questions about the agreement, you can consult with customer service and relevant business departments.
[Signing action] When you read and click to agree to the terms or choose to accept the terms in other ways, it means that you have fully read, understood and accepted all the contents of the terms, and reached an agreement with Alibaba Cloud. The terms are valid from the date you click to confirm or choose to accept the terms in other ways through the web page. In the process of reading the terms, if you do not agree with the terms or any of them, please do not sign the contract.
Signing subject and scope of agreement
These terms of service are the service agreement signed between you and Alibaba Cloud Computing Ltd for your use of Alibaba Cloud services.
Service content
"Service" in this clause refers to the technical and network support services displayed to you by Alibaba Cloud www.aliyun.com website and clients (hereinafter referred to individually or collectively as "Alibaba Cloud website"), which you apply for trial and which are provided to you with Alibaba Cloud's consent.
Service fee
You understand and agree that Alibaba Cloud currently provides services for you for free, that is, you do not need to pay Alibaba Cloud for opening or using services; Alibaba Cloud does not rule out the possibility of charging fees in the future. At that time, Alibaba Cloud will publish the charging policies and specifications 10 calendar days in advance by publishing an announcement on the appropriate page of the website or sending an in-site notice.
After Alibaba Cloud charges, if you still use Alibaba Cloud services, you should pay according to the effective charging policy at that time and abide by the effective service terms announced by Alibaba Cloud at that time. If you refuse to pay the service fee after charging, Alibaba Cloud has the right to no longer provide services to you and to no longer retain your business data.
Your rights and obligations
After successfully opening the service, you have the right to request Alibaba Cloud to provide services to you in accordance with these terms and the service description, technical specifications and other contents displayed on the relevant pages of Alibaba Cloud website.
The use of Alibaba Cloud services should comply with Alibaba Cloud's Service Use Rules and these terms (such as the other descriptions of using services in Article 15).
You are responsible for the integrity and confidentiality of your data stored on the Alibaba Cloud and the passwords for accessing and managing various products and services on the Alibaba Cloud. You shall bear the losses and consequences caused by the loss or disclosure of the above data, passwords, passwords, etc. due to your improper maintenance or confidentiality.
You must keep the access log records of your website in accordance with the provisions of the Network Security Law, the Administrative Measures for Internet Information Services and other laws and regulations, including the published information content and its release time, Internet address (IP), domain name, etc., and the relevant national authorities should cooperate in providing them when inquiring according to law. You will bear the corresponding legal liabilities arising from the failure to keep relevant records as required.
For the sake of data security, you should be responsible for the backup of your data. Alibaba Cloud products or services may configure data backup functions or tools for you, and you are responsible for the operation to complete the backup.
You should be responsible for the source and content of your user's business data. Alibaba Cloud prompts you to carefully judge the legitimacy of the data source and content. You will bear the corresponding results and responsibilities caused by your user's business data content violating laws and regulations, departmental rules or national policies.
You understand and agree that the state secrets of the People's Republic of China are protected by law, and you have the obligation to keep the state secrets of the People's Republic of China; Your use of Alibaba Cloud services should comply with the requirements of relevant confidentiality laws and regulations, and should not endanger the security of state secrets of the People's Republic of China.
You should also carefully read and follow the corresponding service instructions, technical specifications, use procedures, operation documents and other contents displayed on Alibaba Cloud's website page (hereinafter referred to as "operation instructions"), and operate according to the relevant operation instructions. You will bear the consequences caused by violating the relevant operation instructions; At the same time, Alibaba Cloud solemnly reminds you to grasp risks and operate cautiously.
Alibaba Cloud's rights and obligations
Alibaba Cloud shall provide services as agreed.
During the service period, Alibaba Cloud will provide you with the following after-sales services:
Alibaba Cloud will provide 7 × 24-hour telephone and online ticket consultation service to answer your questions in use;
Alibaba Cloud will provide you with issue support services. You should declare issues through online work orders; Alibaba Cloud will provide timely support for the failure of your non-human operation, except for your human reasons and/or force majeure, and other matters beyond the control of Alibaba Cloud.
Alibaba Cloud is only responsible for the operation and maintenance of the underlying parts of the operating system and the software provided by Alibaba Cloud, that is, the relevant technical architecture of the service and the operating system provided by Alibaba Cloud. You are responsible for the parts above the operating system (such as the applications you installed on the system). In addition, you may upgrade the operating system by yourself, which may cause downtime and other adverse effects. Please grasp the risk and operate with caution.
You know that Alibaba Cloud cannot guarantee that the services it provides are flawless (for example, Alibaba Cloud security products cannot guarantee the absolute security of your hardware or software), but Alibaba Cloud promises to continuously improve the service quality and service level. Therefore, you agree that even if the services provided by Alibaba Cloud have defects, the above defects are unavoidable at that time, and will not be considered as Alibaba Cloud's breach of contract. You agree to work with Alibaba Cloud to solve the above defects.
Some services of Alibaba Cloud may have account authorization management function, that is, you can authorize all or part of your operation rights to the service to one or more authorized accounts you specify. In this case, all operations conducted under any authorized account will be deemed as those conducted by you through your own account, and you will bear the corresponding responsibilities and the resulting service costs.
You understand and agree that Alibaba Cloud will provide you with security protection based on certain services (such as "Yundun Agent Service") and related functions and services for management and monitoring (such as "Cloud Monitoring"). Although Alibaba Cloud has tested these services in detail, it cannot guarantee that they are fully compatible with all software and hardware systems, nor can it guarantee the complete accuracy of its software and services. In case of incompatibility and software error, you should immediately turn off or stop using relevant functions, and contact Alibaba Cloud in time for technical support.
User business data
Alibaba Cloud understands and recognizes that the data processed, stored, uploaded, downloaded, distributed and processed by other means through the services provided by Alibaba Cloud are your user business data, and you fully own your user business data.
In terms of user business data, Alibaba Cloud will not make any unauthorized use and disclosure except for implementing your service requirements; Except for the following cases:
Alibaba Cloud has the obligation to provide cooperation in accordance with the requirements of relevant laws, regulations or policy documents and disclose to third parties or administrative, judicial and other institutions when the relevant national authorities query or access user business data according to law;
You and Alibaba Cloud reached an agreement.
You can delete and change your user business data by yourself. If you release the service or delete the data, Alibaba Cloud will delete your data and will not retain the data according to your instructions. You should be careful with data deletion, change and other operations.
When the service period expires, the service is terminated in advance (including early termination agreed by both parties, early termination due to other reasons, etc.) or you have arrears, unless otherwise specified by laws and regulations, required by the competent department or agreed by both parties, Alibaba Cloud will only continue to store your user business data (if any) within a certain buffer period (subject to the time limit specified in the proprietary terms, product documents, service instructions, etc. applicable to the service you ordered). At the end of the buffer period, Alibaba Cloud will delete all user business data, including all cached or backup copies, and will no longer retain any of your user business data.
Once the user's business data is deleted, it cannot be recovered; You should bear the consequences and responsibilities arising from the deletion of data. You understand and agree that Alibaba Cloud has no obligation to continue to retain, export or return user business data.
According to your agreement with Alibaba Cloud, Alibaba Cloud stores user business data in your selected data center. Alibaba Cloud abides by its security commitment to users and protects the data stored in Alibaba Cloud data center according to applicable laws.
Intellectual property
The intellectual property rights of any data, technology or technical support, software, services, etc. provided by one party to the other party under this clause belong to the party providing them or its legal obligee; Except with the express consent of the provider or legal obligee, the other party has no right to copy, disseminate, transfer, license or provide others with the use of the above intellectual achievements, otherwise it shall bear corresponding responsibilities.
You should ensure that the materials submitted by Alibaba Cloud, the use of Alibaba Cloud services and the results of using Alibaba Cloud services do not infringe the legitimate rights and interests of any third party. Alibaba Cloud should ensure that the services provided to you do not infringe the legitimate rights and interests of any third party.
If a third party institution or individual questions or complains about the ownership of the intellectual property rights of the relevant materials involved in your use of Alibaba Cloud services, or questions or complains about the ownership of the intellectual property rights of the Alibaba Cloud services you use, you and Alibaba Cloud are responsible for issuing the relevant intellectual property rights certification materials and cooperating with the other party's relevant complaint handling. The breaching party shall be responsible for the settlement of the claims, lawsuits or possible lawsuits arising therefrom, bear the costs and losses, and exempt the other party from liability.
Confidentiality
The confidential information mentioned in the service terms refers to the trade secrets (including financial secrets), technical secrets Business know-how and/or other confidential information and materials (including product information, product plan, price, financial and marketing planning, business strategy, customer information, customer data, research and development, software, hardware, API application data interface, technical description, design, special formula, special algorithm, etc.), regardless of the form or carrier of the above information and materials, regardless of whether the disclosing party disclosed orally Image or written means indicate that it is confidential.
Both parties shall take appropriate measures to properly preserve the confidential information provided by the other party, and the degree of prudence of the measures shall not be less than the degree of prudence when protecting their own confidential information. Both parties can only use the confidential information for relevant purposes or purposes under this clause.
Both parties guarantee that the confidential information can only be known within the scope of the responsible person and employees of each party engaged in the business, and strictly restrict the employees who have access to the above confidential information to abide by the confidentiality obligations of this article.
The above restrictions in this article do not apply to the following situations:
At or before the signing of this clause, the confidential information has been legally owned by the receiving party;
The confidential information has been disclosed or can be obtained from the public domain when it is notified to the receiving party;
The confidential information is obtained by the receiving party from a third party who has no obligation of confidentiality or non-disclosure;
The confidential information has been disclosed or can be obtained from the public domain on the premise of not violating the responsibilities agreed in this clause;
The confidential information is independently developed by the receiving party or its affiliates or affiliates, and has not benefited from the information obtained by the notifying party or its affiliates or affiliates;
The receiving party discloses confidential information at the request of the court or other legal and administrative departments (through oral questions, inquiries, requests for information or documents, subpoenas, civil or criminal investigations or other procedures);
In order to apply for a certain business qualification, obtain a certain recognition, or meet the national and industrial standards/certification from the administrative departments, industry associations and other institutions, the recipient needs to submit materials or explain the information to the above-mentioned institutions in combination with the other party's situation. In such cases, the recipient should adhere to the principle of minimum disclosure when necessary and require the institutions that have obtained the confidential information to keep confidential according to the standards not lower than this article.
You and Alibaba Cloud should do their best to protect the above confidential information from being disclosed. Once the above confidential information leakage event is found, both parties shall cooperate to take all reasonable measures to avoid or mitigate the consequences of damage. If losses are caused to the other party, it shall compensate for the direct economic losses caused to the other party.
Termination and change of service
In case of any of the following circumstances, the service period shall be terminated in advance:
Both parties agree to terminate in advance;
The public beta period or free trial period is ended with Alibaba Cloud's advance notice;
If you seriously violate this provision (including your serious violation of relevant laws and regulations, or your serious violation of any commitment under this provision, etc.), Alibaba Cloud has the right to terminate the service in advance until all your data is cleared;
You understand and fully recognize that although Alibaba Cloud has established (and will continue to improve) necessary technical measures to protect against network security matters or behaviors (hereinafter referred to as such behaviors), including computer viruses, network intrusion and attack damage (including DDoS), but in view of the limitations, relativity and unpredictability of network security technologies, Therefore, Alibaba Cloud may decide to suspend or terminate the service if your website suffers from such acts that cause harm to Alibaba Cloud or other Alibaba Cloud networks or servers (including local, foreign and international networks, servers, etc.), or affect the smooth communication between Alibaba Cloud and the Internet or between Alibaba Cloud and specific networks, servers and Alibaba Cloud.
You understand and accept that Alibaba Cloud does not guarantee to permanently provide certain services for technical upgrading, service system upgrading, or due to business strategy adjustment or changes in coordination with major national technologies, regulations and policies, and has the right to change the form, specifications, or other aspects of the services provided (such as the price and billing mode of services). Before terminating such services or making such changes, Alibaba Cloud will make a website announcement, in-site letter One or more ways such as email or SMS to notify in advance.
Liability for breach of contract
If you violate any of the commitments, warranty terms, service use rules or obligations in this clause, or Alibaba Cloud believes that your use behavior is abnormal according to its judgment, Alibaba Cloud has the right to take one or more of the following measures unilaterally according to its independent judgment: (1) limit and suspend the use of the service; (2) Terminate the provision of services and terminate this clause; (3) Investigate your legal responsibilities; (4) Other processing measures that Alibaba Cloud deems appropriate. You will be responsible for the user losses caused by Alibaba Cloud taking measures such as suspending or terminating the service according to the above agreement.
If Alibaba Cloud suffers any loss, claims from other users, any third party or punishment from any administrative department due to your violation of relevant laws and regulations or the provisions of this clause and relevant rules, you shall fully compensate Alibaba Cloud, other users or relevant third party for the actual loss, including reasonable legal fees.
You understand and agree that in view of the particularity of computers and the Internet, the following circumstances are not Alibaba Cloud's default:
Alibaba Cloud needs to interrupt the service for a short time when configuring, maintaining and upgrading the system and server;
The access speed of your website is reduced due to the blocking of the Internet.
[Limitation and exemption of liability] You should understand and agree that although Alibaba Cloud services will provide service availability and reliability support, during the trial period (free or not), Alibaba Cloud will not make any commitment to service availability and reliability. Alibaba Cloud also assumes no responsibility for your work or results in using the trial service.
In any case, Alibaba Cloud will not be liable for any indirect, consequential, disciplinary, incidental or special damages, including the loss of profits you suffer from using Alibaba Cloud services (even if you have been informed of the possibility of such losses).
To the extent permitted by law, Alibaba Cloud's liability for damages under this clause shall not exceed the total of the service fees paid for the service in the past 12 months.
Notice
When you use Alibaba Cloud services, you should provide Alibaba Cloud with true and effective contact information (including your email address, contact phone number, contact address, etc.). If the contact information changes, you are obliged to update the relevant information in a timely manner and maintain the status of being contacted. The member account (including sub-account) where you receive messages from the station and the system also serves as your effective contact information.
Alibaba Cloud will send you various notices to one or several of your above contact information, and the contents of such notices may have a significant beneficial or adverse impact on your rights and obligations. Please pay attention to them in a timely manner.
Alibaba Cloud sends you a notice through the above contact methods, including a written notice sent by electronic means, including an announcement, a mobile message sent to the contact number provided by you, an email sent to the email address provided by you, a system message sent to your account, and an in-station message sent to your account, which is deemed to have been delivered after being successfully sent; A written notice sent by paper carrier shall be deemed to have been delivered on the fifth natural day after it is mailed according to the contact address provided.
You should ensure that the contact information provided is accurate, effective and updated in real time. If the legal documents cannot be delivered or are not delivered in time due to the inaccurate contact information provided or the failure to inform the changed contact information in time, you will bear the possible legal consequences.
Force Majeure
If the performance of the terms of service is impossible, unnecessary or meaningless due to force majeure or other accidents, the party suffering from force majeure or accidents shall not be liable.
Force majeure and accidents refer to objective events that are unforeseeable, insurmountable, unavoidable and have a significant impact on one or both parties, including natural disasters such as floods, earthquakes, epidemics, and social events such as unrest, government actions, interruption of telecommunications trunk lines, hackers, network congestion, technical adjustment of telecommunications departments and government regulation.
Law application and dispute resolution
The conclusion, entry into force, interpretation, amendment, supplement, termination, implementation and dispute resolution of this clause shall be governed by the laws of the People's Republic of China; If there are no relevant provisions in the law, refer to business practices and/or industry practices.
Any dispute arising from your use of Alibaba Cloud services and related to Alibaba Cloud services shall be settled through negotiation between Alibaba Cloud and you. If the negotiation fails, either party can bring a lawsuit to the People's Court of West Lake District.
Supplementary provisions
The annexes to these terms, as well as Alibaba Cloud's service description, price description on the relevant pages of Alibaba Cloud website and the order page you confirm and agree to (including the special terms of product, service description, operation documents, etc.) are an integral part of these terms. In case of any inconsistency, the order of (1) service description, price description, other ordering pages, (2) special terms and attachments, and (3) general terms of this clause shall apply.
If the content of these terms changes, Alibaba Cloud should prompt you to modify the content by announcing in the appropriate page of Alibaba Cloud website 30 days in advance; If you continue to use Alibaba Cloud services, you will be deemed to accept the relevant modifications made by Alibaba Cloud.
Alibaba Cloud has the right to transfer all or part of the rights and obligations under this clause to Alibaba Cloud's affiliates upon prior notice.
Alibaba Cloud's waiver of the rights under this clause in case of your fault or breach of contract shall not be deemed as a waiver of your other or future similar fault or breach of contract.
Any provision of this clause shall be deemed to be repealed, invalid or unenforceable, and this clause shall be deemed separable and shall not affect the validity and enforceability of the remaining provisions of this clause.
The warranty clause, confidentiality clause, intellectual property clause, law application and dispute resolution clause under this clause shall not be invalidated by the termination of this clause.
Other instructions for the public beta service
[Intelligent Advisor Service]
If you use Alibaba Cloud's Intelligent Advisor Service, you understand and confirm that authorizing Alibaba Cloud's Intelligent Advisor Service to analyze your basic information and usage of Alibaba Cloud's existing services is the premise for you to use the Intelligent Advisor Service, and Alibaba Cloud's Intelligent Advisor Service can provide you with optimization suggestions for service use through the above methods. Alibaba Cloud hereby solemnly reminds you that you should pay attention to the scope of authorization you need to authorize to Alibaba Cloud's Intelligent Advisor Service on the corresponding service page of Alibaba Cloud. Alibaba Cloud will analyze and provide services within your scope of authorization; If you have any questions about the scope of authorization, please contact Alibaba Cloud customer service. After you subscribe to the service and authorize it, Alibaba Cloud will issue an analysis report for you according to the logic set by the service. If you will not continue to use the service after you subscribe and use the service, you can terminate the service by unchecking the scope of your authorization on the specified page.
You understand and agree that Alibaba Cloud will do its utmost to provide you with Intelligent Advisor Service. However, the technical services provided by Alibaba Cloud are affected and constrained by the technical conditions, network status, your condition, service cycle and other factors at the time of project implementation. The technical services provided by Alibaba Cloud are only technical suggestions given under the circumstances. Alibaba Cloud does not care about the accuracy, effectiveness Sustainability assumes any guarantee liability.