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CDT Terms of Service

Last Updated: Jan 10, 2022

 

The terms of service below shall constitute a valid contract between Alibaba Cloud Computing Co., Ltd. (hereinafter referred to as "Alibaba Cloud") and you regarding the use of Cloud Data Transfer (CDT). If you choose to accept these terms of service by signing, clicking OK on the web page, or other means, including but not limited to using the Alibaba Cloud CDT service without clicking to accept these terms of service, it signifies that you have reached an agreement with Alibaba Cloud, and agree to accept the entire content of these terms of service. If the signed text is inconsistent with the text of the terms of service on the web page or by other means, the signed text shall prevail.

In these terms of service, pay close attention to clauses on restrictions and disclaimers, the determination and settlement of violations and breaches of contract by Alibaba Cloud and you, and the choice of court. Clauses on restrictions and disclaimers are in bold or underlined to draw your attention. Before you accept these terms of service, please read the entire content carefully. If you have questions about the content of these terms of service, please consult the relevant business unit of Alibaba Cloud. If you do not agree to any content in these terms of service, or cannot understand the interpretation given by Alibaba Cloud, do not proceed.

1. Service content

1.1. "Service" herein refers to CDT displayed on www.alibabacloud.com, and relevant technical and network support services provided by Alibaba Cloud.

1.2. The service provided by Alibaba Cloud must comply with these terms of service.

2. Payment

2.1. The payment amount will be listed and specified on your order page. You can choose the specific type of service at your own discretion and pay the amount listed thereon.

2.2. For specific payment methods, go to the www.alibabacloud.com web page to view the announcements. Such payments are subject to the billing methods and billing rules that are published on the page.

2.3. Alibaba Cloud shall have the right to decline to provide you with services and/or technical support or to terminate services and/or technical support until you have paid the service fees in full as agreed. You shall bear all legal consequences that arise from overdue payments of pay-as-you-go services provided by Alibaba Cloud.

3. Rights and obligations

3.1. Your rights and obligations

3.1.1. You agree to abide by these terms of service and relevant management specifications and procedures on the service display page. You understand that the content of the above agreements and specifications may be modified from time to time. If the content of these terms of service is modified, Alibaba Cloud shall notify you by posting an announcement on an appropriate page of www.alibabacloud.com 30 days before the change is made. If you do not agree to a modification made by Alibaba Cloud to the relevant service terms, you shall have the right to stop using the service provided by Alibaba Cloud. In such cases, you must settle the outstanding balance with Alibaba Cloud. If you continue to use the service, this shall signify that you have accepted the modification made by Alibaba Cloud to the relevant service terms.

3.1.2. You shall pay for the corresponding services in accordance with the page prompts of Alibaba Cloud and as agreed in these terms of service.

3.1.3. You agree to abide by the following terms when you use the CDT service:

3.1.3.1. You will not perform any act that undermines or attempts to undermine network security, including but not limited to phishing, network attacks, network frauds, injection or spreading of viruses, Trojans, and malicious code to websites or cyberspace, and involvement in attack behavior, such as unauthorized scans, sniffers, ARP spoofing, and DDoS attacks, against other websites and servers by using virtual servers.

3.1.3.2. You shall not modify or attempt to modify the system configurations provided by Alibaba Cloud or undermine system and network security.

3.1.3.3. You shall not modify, translate, edit, lease, sublicense, spread, or transfer on networks the software or services provided by Alibaba Cloud, and shall not obtain the source code of the software provided by Alibaba Cloud through reverse engineering, decompilation, or other methods.

3.1.3.4. You shall not copy, spread, transfer, sublicense, or provide the CDT service to any third party without the prior written consent of Alibaba Cloud.

3.1.3.5. You will not distribute email advertisements or spam, and will not use the service provided by Alibaba Cloud to distribute undesirable or unsolicited emails, online advertising, or emails that contain illicit information such as political or pornographic information.

3.1.3.6. You will 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 URLs and banner links for others):

3.1.3.6.1. Political propaganda and/or news information in violation of national regulations

3.1.3.6.2. Information that involves national secrets and/or security

3.1.3.6.3. Content that promotes feudalism or superstition or contains pornographic, indecent, or obscene content or content that abets a crime

3.1.3.6.4. Information related to illegal Internet publishing activities, such as lottery prizes, gambling gaming, private servers, and plug-ins

3.1.3.6.5. Information that violates national ethnic and religious policies

3.1.3.6.6. Information that hinders the security of Internet operation

3.1.3.6.7. Information or content that infringes upon the legitimate interests of others and/or impairs social order, social security, and public morality

3.1.3.6.8. Other content in violation of laws, regulations, departmental rules, or national policies

3.1.3.7. You shall not occupy or cause a program or process to occupy a large amount of server memory, CPU, or network bandwidth resources on platforms composed of cloud computing resources of Alibaba Cloud (such as servers, network bandwidth, and storage space). You shall not place an inappropriate load on the cloud platform of Alibaba Cloud or networks or servers of other Alibaba Cloud users (including but not limited to local, remote, and global networks and servers). This may affect communication between Alibaba Cloud and the Internet, between Alibaba Cloud and a specific network or server, and within Alibaba Cloud, or cause the cloud platform products and services of Alibaba Cloud or servers of other Alibaba Cloud users to shut down or crash, or make the cloud services and applications on the cloud platform inaccessible.

3.1.3.8. You shall not use CDT in any way or for any purpose that violates national or local laws and regulations, industry practices, or public morality, or that affects or damages, or may affect or damage, the interests of Alibaba Cloud or Alibaba Group.

3.1.3.9. You will not perform any other act that violates laws, regulations, or these terms of service of Alibaba Cloud.

3.1.3.10. If you violate any of the preceding terms, Alibaba Cloud has the right to take appropriate measures based on the circumstances, including but not limited to immediate termination or suspension of the service or deletion of the corresponding information. If a third-party organization or an individual raises questions or complaints against you, Alibaba Cloud will notify you that you shall offer an explanation and provide supporting evidence within the specified time. If you fail to provide evidence to the contrary or you fail to give feedback within the time limit, Alibaba Cloud will take measures including but not limited to immediate termination or suspension of the service or deletion of the corresponding information. If you are not reached due to your failure to update the contact information in a timely manner or invalid contact information, this shall be deemed that you have failed to give feedback within the time limit.

3.2. Rights and obligations of Alibaba Cloud

3.2.1. Alibaba Cloud shall provide the service in accordance with these terms of service.

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

3.2.2.1. Alibaba Cloud provides 24/7 after-sales technical support for premium users, and provides valid contact information for premium users to reach for technical support. The technical support shall give feedback promptly after the issue is identified.

3.2.2.2. Alibaba Cloud provides a 24/7 online ticket system to handle tickets submitted from users of Alibaba Cloud.

3.2.4. Alibaba Cloud will troubleshoot issues that occur due to operations that are not performed by users, except for issues attributable to you and/or force majeure, and matters that are beyond the control of Alibaba Cloud.

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

4. Confidentiality

4.1. "Confidential Information" refers to all technical and non-technical information disclosed by one party to the other, including but not limited to product information, product plans, prices, financial and marketing planning, business strategies, customer information, customer data, research and development information, software and hardware, APIs, technical descriptions, designs, special formula, and special algorithms.

4.2. Either party hereto agrees to hold the aforementioned Confidential Information of the other party in confidence, and to urge employees who have access to the Confidential Information to abide by the confidentiality obligations hereof. Unless required by a state organ in accordance with the law or the Confidential Information has entered the public domain, the party that receives the Confidential Information shall not disclose it to the public.

4.3. Both parties hereto acknowledge that the Confidential Information is their respective key confidential information and important assets, and agree to protect the Confidential Information from disclosure. If the Confidential Information is disclosed, both parties shall cooperate to take all proper measures to avoid or mitigate the consequences of damage.

4.4. This clause shall survive the termination of these terms of service.

5. Service activation and termination

5.1. The CDT service is ready for use from the date when you activate CDT.

5.2. You shall keep your account balance sufficient to ensure the continuity of your service. If you have overdue payments, Alibaba Cloud shall have the right to stop providing services under these terms of service.

5.3. The terms of service shall be terminated if any of the following circumstances occurs:

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

5.3.2. If you are in violation of these terms of service, including but not limited to: a. your failure to fulfill the payment obligations in accordance with these terms of service, and/or b. your violation of laws and regulations, Alibaba Cloud has the right to suspend or terminate the service, and terminate these terms of services in advance. If you have unpaid orders, you shall complete the payments.

5.3.3. You understand and acknowledge that, Alibaba Cloud has taken necessary technical measures and will continue to improve technologies to defend against behavior or events that harm network security. Such behavior or events (hereinafter referred to as the "Actions") include viruses, network intrusions, and attacks such as DDoS. However, due to the limits and relativity of network security technologies and the unpredictability of such Actions, if these Actions on your website cause damage to Alibaba Cloud or other Alibaba Cloud networks or servers (including but not limited to those in or outside China), or affect the communication between Alibaba Cloud and the Internet, between Alibaba Cloud and 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 are calculated based on the actual use of the service, and you shall settle any outstanding balance.

5.3.4. Alibaba Cloud can terminate these terms of service by posting an announcement on www.alibabacloud.com or by sending you an internal message or written notice 30 days in advance. In this case, Alibaba Cloud shall refund the amount that you have paid minus the cost of the consumed resources to your Alibaba Cloud account.

6. Liabilities for breaches

6.1. Either party hereto who violates these terms of service must assume the liability for breach in accordance with the law.

6.2. You understand that, in view of the particularity of computer and Internet services, Alibaba Cloud shall not be deemed to commit a breach of these terms of service under the following circumstances:

6.2.1. Alibaba Cloud needs to suspend the service for a short time during service upgrades or maintenance.

6.2.2. Access to your website is slowed down as a result of network congestion on the Internet.

6.3. You can terminate the service if the service is unavailable for 72 consecutive hours for reasons attributable to Alibaba Cloud, except that the service becomes unavailable for any reason beyond the control of Alibaba Cloud.

6.4. Alibaba Cloud shall not, under any circumstances, take responsibility for any indirect, consequential, punitive, contingent, or special damages, including the loss of profits that arise from your use of the service provided by Alibaba Cloud, even if you have been notified of the possibility of such loss.

6.5. In no case shall the liability of Alibaba Cloud for liquidated damages due to the breach of these terms of service exceeds the total service fees corresponding to the defaulting service.

7. Force majeure

7.1. In the event that a force majeure event or any other unexpected event renders the performance of these terms of service impossible, unnecessary, or meaningless, the party that suffers the force majeure event or unexpected event shall not be held liable for this.

7.2. 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, and plagues, and social events such as war, turmoil, governmental acts, interruption of the backbone network, network attacks, network congestion, technological adjustments by telecom departments, as well as government regulations.

8. Governing laws and dispute settlement

8.1. These terms of service shall be governed by the laws of the People's Republic of China.

8.2. Any dispute that arises during the fulfillment of these terms of service shall be settled by both parties in a timely manner based on negotiation. If no settlement is reached after negotiation, either party may file a lawsuit with the Xihu District People's Court of Hangzhou.

9. Supplementary provisions

9.1. The service description and prices of services provided by Alibaba Cloud on www.alibabacloud.com, and the order page that you have confirmed are part of these terms of service. If the service description and prices of services provided by Alibaba Cloud on www.alibabacloud.com, and the order page that you have confirmed are inconsistent with these terms of service, these terms of service shall prevail.

9.2. Alibaba Cloud has the right to transfer all or part of its rights and obligations under these terms of service to its affiliates by posting an announcement on www.alibabacloud.com or by sending you an internal message or written notice 30 days in advance.

9.3. If any clauses, by nature or otherwise, should continue to exist upon the termination of these terms of service, these clauses shall be deemed to continue to exist. Such clauses include but are not limited to Warranty, Confidentiality, Intellectual Property Rights, Governing Laws, and Dispute Settlement.