These Terms of Service constitute a binding agreement between Alibaba Cloud Computing Co., Ltd. (referred to as “Alibaba Cloud”) and you for the use of the Managed Security Service. You accept these Terms by clicking “I Agree” on the web page, affixing your official seal, or by otherwise indicating your acceptance. Your use of the Managed Security Service also constitutes your acceptance of these Terms. If the sealed version of these Terms differs from the version accepted online or through other means, the sealed version will prevail. Before you accept these Terms, please read them carefully, especially the sections marked in bold or underlined. If you have any questions, please contact Alibaba Cloud using the contact information published on www.aliyun.com. Alibaba Cloud will explain the terms to you. If you do not agree with any part of these Terms, or if you cannot fully understand Alibaba Cloud’s explanation, do not proceed.
1 Definitions
1.1 “You” refers to any individual, team, company, or organization that uses the Alibaba Cloud Managed Security Service. You may also be referred to as a “user”.
1.2 “Service” refers to the Managed Security Service offered on www.aliyun.com. You can select a service plan based on your needs. The specific scope of the service is defined by the plan that you purchase.
2 Fees
2.1 Alibaba Cloud publishes the billing model, pricing, and related information for the Managed Security Service on its official website. For the current billing rules, refer to the announcements on www.aliyun.com. Billing is based on the model and rates that are effective at the time of purchase.
2.2 Alibaba Cloud will begin to provide the Service only after you have paid. If you do not pay within seven days of placing your order, these Terms and all related agreements will become void.
2.3 To continue the service beyond the initial term, you must pay the renewal fee at least seven days before the term expires. If Alibaba Cloud updates its product lineup, naming, or pricing at the time of renewal, both parties agree to abide by the updated versions that are effective at that time.
2.4 Alibaba Cloud reserves the right to withhold the Service or technical support, or both, until you have paid all outstanding fees. Alibaba Cloud also reserves the right to terminate the Service or technical support, or both, and to pursue legal remedies for overdue payments under the pay-as-you-go billing model.
2.5 You acknowledge and agree that Alibaba Cloud may adjust the product lineup, naming, pricing, or billing model for the Managed Security Service as necessary. Alibaba Cloud will use reasonable efforts to notify you in advance through website announcements, in-app notifications, or using your registered contact information.
2.6 Alibaba Cloud may offer promotions from time to time. You understand that all promotions are one-time special offers. Promotions do not cover the costs of modification, updates, or maintenance for complimentary services. Complimentary services cannot be used as credit toward paid services.
3 Rights and Responsibilities
3.1 Your rights and responsibilities
3.1.1 You agree to comply with these Terms and all related management guidelines and procedures that are displayed on the Service page. You understand that these documents are subject to change. If any part of these Terms is changed, Alibaba Cloud will post a notice on www.aliyun.com at least 30 days before the change takes effect. If you do not agree with the changes, you can stop using the Alibaba Cloud services. In this case, Alibaba Cloud will settle any outstanding service fees with you, and you must migrate your business off the platform. If you continue to use the service, you are indicating your acceptance of the updated Terms.
3.1.2 Before you use the Managed Security Service, you must read the service descriptions, technical specifications, and usage instructions on the Alibaba Cloud official website. You must understand the content and possible outcomes. You must follow the operation guidance during use and manage risks carefully. Alibaba Cloud is not liable for any consequences that result from your failure to follow the guidance.
3.1.3 You agree to:
3.1.3.1 Pay all applicable service fees as instructed on the Alibaba Cloud website and as specified in these Terms.
3.1.3.2 You must not separate the components of Managed Security Service for any purpose.
3.1.3.3 Not modify, translate, adapt, rent, sublicense, distribute, or transfer Alibaba Cloud’s software unless expressly permitted. You also agree not to reverse engineer, decompile, or attempt to discover the source code of Alibaba Cloud’s software.
3.1.3.4 Comply with all third-party license agreements if the Service uses third-party software.
3.1.3.5 Use the Managed Security Service only for lawful commercial or research purposes. You must not use it for illegal activities, including but not limited to the following:
3.1.3.5.1 Political propaganda or news that violates Chinese regulations.
3.1.3.5.2 Activities involving state secrets or national security.
3.1.3.5.3 Feudal superstition, pornography, obscenity, or incitement to crime.
3.1.3.5.4 Gambling, betting games, private servers, cheating tools, or other illegal internet publishing activities.
3.1.3.5.5 Activities violating China’s ethnic or religious policies.
3.1.3.5.6 Actions that harm internet operational security.
3.1.3.5.7 Activities that infringe on others’ legal rights or damage public order, public security, or public morality.
3.1.3.5.8 Other activities that violate laws, regulations, departmental rules, or national policies.
3.1.3.6 Not install or run programs or processes that are unrelated to the purchased service on Alibaba Cloud resources. You must not intentionally write malicious code that consumes excessive computing resources, such as server memory, CPU, or network bandwidth, on the Alibaba Cloud platform. This includes the Managed Security Service, network bandwidth, and storage space. Such activity must not overload Alibaba Cloud’s infrastructure or other users’ networks, servers (local, remote, or international), or applications. It must not disrupt connectivity between Alibaba Cloud and the Internet, specific networks or servers, or internal systems. It must not cause downtime, crashes, or the unavailability of Alibaba Cloud services or other users’ websites or applications that are hosted on the cloud platform.
3.1.3.7 Not perform or attempt any act that compromises network security. This includes but is not limited to phishing, hacking, online fraud, or hosting or distributing viruses, trojans, or malicious code on websites or virtual servers. You must not use virtual servers to scan, sniff, spoof ARP, or launch DDoS attacks against other websites or servers.
3.1.3.8 Not change or attempt to change Alibaba Cloud’s system configurations or compromise system security.
3.1.3.9 Not use Alibaba Cloud services to harm Alibaba Cloud, its affiliates, or Alibaba Group companies. This includes Alibaba, Taobao, Alipay, Alimama, and Ant Financial (collectively, “Alibaba Companies”). Harm includes violating any Alibaba Company service agreements, terms, management rules, or trading policies, or disrupting fair or normal trading environments or order.
3.1.3.10 Not engage in any other illegal, noncompliant, or prohibited activity under these Terms.
3.1.3.11 If Alibaba Cloud finds that you are in breach of these Terms, it may take action, including the immediate suspension or termination of the service. You will bear full legal responsibility and must compensate Alibaba Cloud, its affiliates, or its partners for any losses that are caused by your breach.
3.1.3.12 If a third party raises concerns or files a complaint about you, Alibaba Cloud will notify you. You must respond within the required timeframe and provide supporting evidence. If you fail to respond or provide evidence, Alibaba Cloud may suspend or terminate your service. A failure to respond that is caused by outdated or incorrect contact information is still considered a failure to respond.
3.1.3.13 Alibaba Cloud is not liable for any loss you suffer due to actions taken under Sections 3.1.3.11 or 3.1.3.12, including the suspension or termination of service.
3.1.4 You must not install or use pirated software on Alibaba Cloud services or platforms. You are fully responsible for all consequences of your actions, including the software you install and the operations you perform.
3.1.5 You are responsible for the integrity and confidentiality of your data that is stored on the Alibaba Cloud platform. You are also responsible for the security tokens and passwords that are used to access and manage Alibaba Cloud products and services. You will bear all losses and consequences that result from data, token, or password loss or disclosure due to your poor maintenance, weak security practices, or operational errors.
3.1.6 You must provide Alibaba Cloud with the names and contact details of the personnel who are responsible for managing this agreement and your Alibaba Cloud resources. You must update this information promptly if it changes. You are responsible for any inaccuracies in the information that you provide and for all actions or omissions by these personnel.
3.1.7 You must review the service descriptions for the Managed Security Service on the Alibaba Cloud website. You must also assess its compatibility with your chosen operating system, Elastic Compute Service instances, and other products or services.
3.2 Alibaba Cloud’s rights and responsibilities
3.2.1 Alibaba Cloud agrees to provide the Service as described in these Terms and on the product page.
3.2.2 During the service term, Alibaba Cloud will provide 24/7 online ticket support and a customer service hotline to answer your questions.
3.2.3 Alibaba Cloud will resolve faults that are not caused by your actions, except for those caused by force majeure or events outside of Alibaba Cloud’s control.
3.2.4 Alibaba Cloud provides technical support as outlined in these Terms. This support does not cover impacts or losses that are caused by your actions, such as poor code quality, human error, or inadequate security practices.
3.2.5 Alibaba Cloud will strictly observe its confidentiality obligations.
4 Intellectual Property
4.1 You acknowledge that all materials, technology, technical support, software, and services that are provided by Alibaba Cloud are owned by Alibaba Cloud or its third-party licensors. Unless expressly authorized by Alibaba Cloud or the relevant third party, you may not copy, distribute, transfer, license, or provide them to any other party. You are liable for any damages that result from such unauthorized use.
5 Confidentiality
5.1 “Confidential Information” refers to all technical and non-technical information that is disclosed by one party to the other. This includes but is not limited to product documentation, product roadmaps, pricing, financial and marketing plans, business strategies, customer information, customer data, research and development work, hardware and software, API data interfaces, technical specifications, designs, proprietary formulas, and proprietary algorithms.
5.2 Each party agrees to keep the other party’s Confidential Information confidential. Access to this information must be restricted to employees who require it for their work, and those employees must also comply with this confidentiality obligation. Neither party may disclose Confidential Information unless required by law or if the information has already entered the public domain.
5.3 Both parties recognize that user information and business data are critical and highly confidential assets. Both parties agree to use their best efforts to protect this information. If a breach occurs, both parties will cooperate to take all reasonable measures to prevent or minimize any resulting harm.
5.4 This confidentiality clause will remain in effect after the termination of these Terms.
6 Term and Termination
6.1 Alibaba Cloud will provide the Service for the term that you purchase. The service term ends on the last day of that term.
6.2 The Managed Security Service term may be terminated early in the following situations:
6.2.1 Both parties agree to terminate.
6.2.2 Alibaba Cloud may unilaterally terminate the Service without a refund if you materially breach these Terms. This includes but is not limited to: (a) failing to pay fees as required, (b) seriously breaching your commitments under these Terms, or (c) violating applicable laws.
6.2.3 You acknowledge that while Alibaba Cloud implements and continuously improves its technical measures to defend against threats such as computer viruses, network intrusions, and DDoS attacks, cybersecurity has inherent limitations. These threats are unpredictable. If such an event harms Alibaba Cloud’s infrastructure or other users’ networks or servers (local, remote, or international), or disrupts connectivity between Alibaba Cloud and the Internet, specific networks or servers, or internal systems, Alibaba Cloud may suspend or terminate the Service. If the Service is terminated, fees are prorated by month, with partial months counted as full months, and any remaining balance is refunded to you.
6.2.4 Alibaba Cloud may terminate the Service by providing 30 days’ notice through a website announcement, an in-app notification, or a written notice.
7 Disclaimer and Limitation of Liability
7.1 You acknowledge that Alibaba Cloud cannot guarantee its Managed Security Service is defect-free, nor can it guarantee the absolute security of your hardware or software. However, Alibaba Cloud is committed to continuously improving service quality and levels. Therefore, you agree that even if defects exist in the services Alibaba Cloud provides, such defects—which are unavoidable given state-of-the-art industry standards—will not constitute a breach of contract by Alibaba Cloud. You agree to work with Alibaba Cloud to address these defects.
7.2 You understand that system outages, service interruptions, and data loss may occur due to the nature of computers and the Internet. You accept this risk and must take appropriate precautions. Alibaba Cloud is not liable for any outages, interruptions, or data loss that are caused by the Managed Security Service.
7.3 In no event will Alibaba Cloud be liable for any indirect, consequential, punitive, incidental, or special damages, including lost profits, even if Alibaba Cloud has been advised of the possibility of such losses.
7.4 Alibaba Cloud’s total liability for any breach of these Terms is limited to the total fees that you have paid for the Managed Security Service.
8 Force Majeure
8.1 Neither party will be held liable for a failure to perform its obligations under these Terms if such a failure is due to force majeure or other unforeseeable events that make performance impossible, unnecessary, or meaningless.
8.2 “Force Majeure” or “unforeseeable events” refer to objective events that are beyond the reasonable control of either party. These include natural disasters, such as floods, earthquakes, and epidemics, and social events, such as wars, unrest, government actions, backbone network failures, hacking, network congestion, telecommunication technical adjustments, or government regulations.
9 Governing Law and Dispute Resolution
9.1 These Terms are governed by the laws of the People’s Republic of China.
9.2 If a dispute arises, both parties will first attempt to negotiate a resolution in good faith. If negotiations fail, either party may file a lawsuit with the Xihu District People’s Court in Hangzhou.
10 Miscellaneous
10.1 The service descriptions, pricing information, and your confirmed order page on www.aliyun.com are integral parts of these Terms. If there is a conflict between those documents and these Terms, these Terms will prevail.
10.2 Alibaba Cloud may assign all or part of its rights and obligations under these Terms to an affiliate by providing at least 30 days' advance notice. This notice may be provided by posting it on www.aliyun.com, sending an in-app notification, or delivering a written notice.
10.3 Clauses that by their nature are intended to survive termination will remain in effect after these Terms end. This includes clauses related to warranties, confidentiality, intellectual property, governing law, and dispute resolution.
10.4 All notices from Alibaba Cloud to you may be delivered through website announcements, in-app notifications, email, text messages, or postal mail. A notice is considered delivered on the date it is sent.