Reminders
You are welcome to sign the Alibaba Cloud Product Terms of Service (hereinafter referred to as the "Terms") with Alibaba Cloud Computing Co., Ltd. (hereinafter referred to as "Alibaba Cloud") and to use Alibaba Cloud Intelligent Media Services (IMS).
The index keywords listed at the beginning of the terms are intended to help you understand the purpose of the terms and do not affect or limit the meaning or interpretation of the terms of this Agreement. To protect your own rights and interests, we recommend that you carefully read each and every term.
[Careful Reading] You shall read these Terms carefully before you confirm the acceptance of these Terms. Please carefully read and fully understand all terms herein, especially those concerning exemption or limitation of liability, and governing law and dispute resolution which will be in bold and underlined and to which you shall pay attention. If you have any questions about these Terms, please feel free to consult the customer service or relevant business department.
[Signing Action] When you read and click to agree to this Agreement or otherwise choose to accept this Agreement, it means that you have fully read, understood, and accepted all the content of this Agreement and reached a consensus with Alibaba Cloud. These Terms shall come into effect on the date on which you click the Confirm button on the web page or otherwise choose to accept these Terms. If you do not agree to the Terms or a provision hereof, please do not sign the Terms.
1. Parties to and Scope of the Terms
The Terms are a service agreement entered into by and between you and Alibaba Cloud with respect to your use of IMS.
2. Content of the Service
For the purpose of the aforesaid terms, "Service" refers to the service displayed on the Alibaba Cloud official website (www.alibabacloud.com) and client (hereinafter referred to individually or collectively as the "Alibaba Cloud official website"), of which you apply for purchase and which Alibaba Cloud agrees to provide to you.
3. Service Fees
3.1. The service fees will be listed and specified on your order page. You can choose the specific type of service at your own discretion and pay the price listed thereon. You can select the subscription or pay-as-you-go billing method.
3.2. Subscription:
3.2.1. Alibaba Cloud will start to provide the Service to you only after you pay the service fee. If you do not pay the service fee immediately after placing an order, the order will be reserved for you for seven (7) days. If you still do not pay the service fee upon expiration of seven (7) days, or IMS is sold out within seven (7) days, the order will become invalid. The agreement reached between you and Alibaba Cloud with respect to the Service will become invalid upon invalidation of the order.
3.2.2. If both parties are willing to continue cooperating upon expiration of the service period, you shall pay the renewal fee within seven (7) days prior to expiration of the service period so that the Service can be continued.
3.3. Pay-as-you-go: You can pay for the Service after you use it. For specific fee deduction rules, please refer to the billing methods and standards then in force for the pay-as-you-go services as displayed and published on the page of the Alibaba Cloud official website.
3.4. Alibaba Cloud reserves the right to refuse the provision of the Service and/or technical support to you, or to terminate the Service and/or technical support, before you pay all fees as agreed. Moreover, Alibaba Cloud reserves the right to require you to pay five ten-thousandths of the fees you owe per day as liquidated damages and to take other legal actions against you.
3.5. You fully understand that all complimentary service items or special promotions in the pricing system of Alibaba Cloud are one-time special offers that Alibaba Cloud provides beyond normal service prices, and that such complimentary service items or special promotions are not available at a discount or used to offset service prices.
4. Your Rights and Obligations
4.1. After you successfully purchase the Service, you have the right to require Alibaba Cloud to provide the Service for you in accordance with the Terms and relevant content, such as service descriptions and technical specifications, displayed on the relevant pages of the Alibaba Cloud official website.
4.2. After you purchase IMS, you can enjoy free after-sales services. In addition, Alibaba Cloud will provide other paid technical services.
4.3. You shall pay the service fees in accordance with the prompts on the pages of the Alibaba Cloud official website and the provisions of the Terms.
4.4. IMS shall be used in accordance with Alibaba Cloud Service Use Rules and the Terms.
4.5. You are responsible for the completeness and confidentiality of data stored by you on the cloud platform provided by Alibaba Cloud as well as security tokens and passwords that you use to access and manage various products and services on the cloud platform provided by Alibaba Cloud. You are liable for the losses and consequences that result from the loss or leakage of the said data, security tokens, and passwords due to your improper maintenance or unjustifiable disclosure.
4.6. You shall retain your website access log records, including posted information, post time, IP addresses, and domain names, in accordance with applicable laws and regulations such as the "Cybersecurity Law of the People's Republic of China" and the "Regulation on Internet Information Service of the People's Republic of China", and provide such records if required by relevant national authorities in accordance with the law during legal investigations. You shall assume the corresponding legal liability arising from your failure to retain relevant records as required.
4.7. Your commitment:
4.7.1. If your usage of the service provided by Alibaba Cloud for commercial activities requires licenses or approvals from relevant national departments, you shall obtain the required licenses or approvals in advance, including but not limited to the following use scenarios:
If you open multiple websites, you shall ensure that all your websites have obtained permission or approval from the relevant national departments;
If your website provides non-commercial Internet information services, you shall complete ICP filing for the website and make sure that all submitted filing information is true and valid. If your filing information changes, submit the updated information in the filing system at the earliest opportunity.
If your website provides commercial Internet information services, you shall obtain an ICP license from the local communications administration.
If your website provides electronic bulletin services such as Bulletin Board System, you shall have your website filed or approved in compliance with relevant laws and regulations.
If you run an online game website, you shall obtain a network culture business license in compliance with the law.
If you operate an Internet video website, you shall obtain a license for broadcasting video programs over information networks in accordance with the law.
If you offer internet information services such as news, publication, education, healthcare, medicine and medical instruments, you shall undergo the examination and approval process of competent authorities pursuant to applicable laws, administrative rules and regulations, and the relevant government regulations. Before applying for the business permit or carrying out the filing procedures, you shall undergo the examination and approval process of the competent authorities according to the law.
You understand and acknowledge that the items that are listed in the preceding sections do not cover all types of licenses or approvals that you shall obtain from the relevant national authorities for commercial activities or non-commercial activities. Before you perform the preceding activities, you shall obtain the related licenses or approvals, and comply with the related local and national laws and regulations.
4.7.2. You will not modify, translate, adapt, lease, sublicense, distribute over any information network, or transfer the software provided by Alibaba Cloud, or reverse engineer, decompile, or otherwise attempt to extract the source code of the software provided by Alibaba Cloud, except as expressly permitted by Alibaba Cloud.
4.7.3. Where the Service provided by Alibaba Cloud involves the licensing of third-party software, you shall agree to abide by the relevant licensing agreement.
4.7.4. You will not distribute email advertisements or spams, and will not use the Service provided by Alibaba Cloud to distribute undesirable or unsolicited emails, online advertising, or emails that contain harmful information such as reactionary or pornographic information.
4.7.5. You cannot use the resources and services provided by Alibaba Cloud to upload, download, store, or publish the following information or content, or provide services to publish the information for other individuals, including but not limited to setting URLs and banner links for other individuals:
4.7.6. Unauthorized political propaganda and/or news information in violation of national regulations;
4.7.7. Information concerning national secrets and/or security;
4.7.8. Superstitious beliefs, practices, and/or obscene, pornographic, vulgar information, or content that encourages criminal activity;
4.7.9. Lotteries, gambling, or related games; Illegal Internet publishing activities such as "private servers" or "illegal gaming modifications";
4.7.10. Information that undermines national policies on ethnic unity and religious harmony;
4.7.11. Information that compromises the security and stable operation of the Internet; and
4.7.12. Information that infringes upon the lawful rights and interests of others, or other information or content detrimental to social order, public security, or public morals.
4.7.13. Other content in violation of laws, regulations, departmental rules, or national policies.
4.7.14. You cannot use a program or process or configure settings for a program or process to occupy a large amount of server memory, CPU, or network bandwidth resources on platforms that use cloud computing resources of Alibaba Cloud, such as servers, network bandwidth, and storage space. You cannot process an excessive number of workloads in Alibaba Cloud, networks or servers of other Alibaba Cloud users, including but not limited to local, remote, and global networks and servers, or cloud services and applications. If you process an excessive number of workloads in Alibaba Cloud, the connection between the Alibaba Cloud service and the Internet, the connection between the Alibaba Cloud service and a specific network or server, and the connection to an Alibaba Cloud service may be affected. This action can also cause the cloud platform products and services of Alibaba Cloud or servers of other Alibaba Cloud users to shut down or crash, or prevent users from accessing the cloud services and applications on the cloud platform.
4.7.15. You cannot perform actions that undermine or attempt to undermine network security, including but not limited to phishing, hacker attacks, network frauds, injection of viruses or suspected involvement in virus attacks, Trojan horse injections, executing malicious code on websites or in the cyberspace, and suspected involvement in attacks that require virtual servers, such as scanning, sniffers, ARP spoofing, and DDoS attacks, against other websites and servers.
4.7.16. You shall not change or attempt to change the system configuration provided by Alibaba Cloud or sabotage network security.
4.7.17. You will not use the Service provided by Alibaba Cloud to conduct any activities that impair the legitimate interests of Alibaba Cloud, Alibaba Cloud affiliates, or any company or website within Alibaba Group, including but not limited to Alibaba, Taobao, Alipay, Alimama, and Ant Financial (hereinafter collectively referred to as "Alibaba Group"). The behaviors that impair the legitimate interests of Alibaba Group and its websites include but are not limited to violations of any agreement or terms, management norms, or trading rules published by Alibaba Group, and behaviors that damage or attempt to damage the fair-trade environment or normal trade order of Alibaba Group.
4.7.18. You shall not conduct any other behavior that violates laws, regulations, or Alibaba Cloud terms of service.
4.7.19. If you perform an action that does not comply with the preceding terms, Alibaba Cloud has the right to take appropriate measures based on the actual scenario, 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 provides inquiries or complaints against you, Alibaba Cloud will notify you to provide an explanation and supporting evidence in the specified time period. If you fail to provide evidence for the inquiries or complaints against you, or you fail to provide a response in the specified time period, Alibaba Cloud reserves the right to take appropriate measures, including but not limited to immediate termination, or suspension of the service or deletion of the corresponding information. If Alibaba Cloud is unable to contact you due to your failure to update the contact information in a timely manner or due to invalid contact information, Alibaba Cloud determines that you failed to provide a response in the specified time period.
4.7.20. You shall not install or use pirated software in the Service or on the cloud platform provided by Alibaba Cloud. You are fully responsible for the consequences of your own actions, such as using self-installed software and performing unauthorized operations.
4.7.21. You shall submit to Alibaba Cloud a list of contacts who implement these Terms of Service and persons who manage the products and services on the user network and cloud platform, and provide necessary assistance. If any of the foregoing contact information changes, you shall update the changed information online and notify Alibaba Cloud at the earliest opportunity. You shall be liable for the consequences of providing false, inaccurate, or incomplete contact information as well as the consequences that arise from the acts or omissions of these contacts.
4.8. You are responsible for the backup of your data for the purpose of data security. Alibaba Cloud products or services may configure the features or tools for data backup for you, and you are responsible for relevant operations to complete the backup.
4.9. You are responsible for the sources and content of your business data. You must check the legality of such data sources and content. You shall assume the corresponding consequences and liabilities resulting from the content of your business data in violation of applicable laws and regulations, departmental regulations, or national policies.
4.10. 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 IMS shall comply with the requirements of relevant secrecy laws and regulations, and shall not endanger the security of the state secrets of the People's Republic of China.
4.11. You shall also carefully read and comply with the corresponding service descriptions, technical specifications, use procedures, and operation documents displayed by Alibaba Cloud on the pages of its website (hereinafter referred to as the "Operation Guidelines"), and perform operations in accordance with the Operation Guidelines. You shall bear the consequence resulting from your violation of the Operation Guidelines. Moreover, Alibaba Cloud solemnly reminds you of assessing risks and performing operations with caution.
5. Alibaba Cloud Rights and Obligations
5.1. Alibaba Cloud shall provide the Service as agreed.
5.2. During the service period, Alibaba Cloud shall provide you with the following after-sales services:
5.2.1. Alibaba Cloud shall provide 24/7 telephone and online ticket-based consulting services to address any issues you may encounter during the use of the Service.
5.2.2. Alibaba Cloud shall provide you with technical support in the case of faults. You shall use online tickets to report faults. Alibaba Cloud shall promptly provide support for any faults that occur due to the factors other than your own operations, except for those that occur due to your own operations and/or force majeure events, and other factors beyond the control of Alibaba Cloud.
5.3. You can also obtain from Alibaba Cloud other charged after-sales services. For more information, refer to the content of the charged after-sales services on the relevant pages of the Alibaba Cloud official website.
5.4. Alibaba Cloud is only responsible for the operation and maintenance of the underlying parts of the operating system and the software that Alibaba Cloud provides, that is, the relevant technical architecture of the Service and the operating system that Alibaba Cloud provides. You are responsible for the parts above the operating system, such as the applications that you install on the system. In addition, your own upgrades of the operating system may cause breakdown and other adverse effects. In such cases, you are responsible for understanding the risks and taking the necessary precautions.
5.5. You understand that Alibaba Cloud is unable to warrant that the services that Alibaba Cloud provides are free from any defect (for example, Alibaba Cloud security products cannot warrant the absolute security of your hardware or software), but Alibaba Cloud is committed to continuously improving service quality and service level. You agree that even if the service provided by Alibaba Cloud contains flaws that are unavoidable due to the current technology level in the industry, these flaws shall not be considered as breaches of agreement on the part of Alibaba Cloud. You agree to cooperate with Alibaba Cloud to resolve these flaws.
5.6. Some services provided by Alibaba Cloud may be equipped with the feature of account authorization management. This feature allows you to authorize all or part of your access to the Service to one or more designated authorized accounts. In this case, actions performed under any authorized account will be deemed actions by you through your own account, and you shall bear all consequences and service costs arising from such actions.
5.7. You understand and acknowledge that Alibaba Cloud will provide you with security protection based on specific services (e.g., Server Guard) and management and monitoring-related features and services (e.g., CloudMonitor). Although Alibaba Cloud has conducted detailed tests on such services, it cannot warrant that such services are fully compatible with all software and hardware systems, nor can it warrant the complete accuracy of its software and services. In the case of incompatibility or software errors, you shall disable or stop using relevant features, and contact Alibaba Cloud for technical support.
5.8. You shall understand and agree that, when Alibaba Cloud allows you to try out or use a service for free for a specific time period or within a specific service quota in public preview, invitational preview, 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 the work or consequences that arise from your use of or inability to use such Alibaba Cloud services. Alibaba Cloud may charge fees for these free services in the future. Alibaba Cloud will notify you before you are charged the service fees.
6. User Business Data
6.1. Alibaba Cloud understands and acknowledges that the data you process, store, upload, download, distribute, and otherwise process through the services that Alibaba Cloud provides is your user business data, and you have full ownership of your user business data.
6.2. Except for the cases of implementing your service requirements, Alibaba Cloud shall not use or disclose your user business data without authorization. However, this does not apply to the following situations:
6.2.1. When competent national authorities request or access user business data according to law, Alibaba Cloud is obligated to cooperate and provide such data to third parties, administrative, legal, or other institutions as required by laws, regulations, and policy documents.
6.2.2. When you have reached a separate agreement with Alibaba Cloud pertaining to user business data.
6.3. You can delete, change, and otherwise manage your business data on your own. If you release the Service or delete data, Alibaba Cloud will delete your data, and no longer retain such data as instructed by you. You shall be cautious in deleting, changing, or otherwise managing the data.
6.4. When this Agreement expire, the Service is terminated in advance (including but not limited to early termination agreed by 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 special terms, product documentation, service description, and other such materials for your products and/or 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 backup copies. Alibaba Cloud shall no longer retain any of your user business data.
6.5. Once the business data is deleted, it cannot be recovered; you shall assume the consequences and responsibilities resulting from the deletion of such data on your own. You understand and agree that Alibaba Cloud has no obligation to continue to retain, export, or return the business data.
6.6. Based on your agreement with Alibaba Cloud, Alibaba Cloud will store business data in the data center you select. Alibaba Cloud shall adhere to its security commitment to users and protect the data stored by users in the data centers of Alibaba Cloud according to applicable laws.
7. Intellectual Property Rights
7.1. The intellectual property rights in any information, technology or technical support, software, services, etc., either party provides to the other party hereunder are owned by the providing party or its legal rights holder. Except for the express consent of the providing party or the legitimate rights holder, the other party has no right to copy, disseminate, transfer, license, or provide to others for use the aforesaid intellectual property rights, otherwise it shall bear the corresponding liability.
7.2. You shall warrant that the materials submitted to Alibaba Cloud, the use of IMS, and the results arising from the use of IMS do not infringe upon the legitimate rights and interests of any third party. Alibaba Cloud shall warrant that the Service provided for you does not infringe upon the legitimate rights and interests of any third party.
7.3. If a third-party organization or individual challenges or files a complaint against the ownership of the intellectual property rights of relevant materials involved in your use of Alibaba Cloud services, or against the ownership of the intellectual property rights in the Alibaba Cloud services that you use, both you and Alibaba Cloud are responsible for issuing relevant certificates concerning the intellectual property rights and cooperating with the relevant complaint handling. Any claim, lawsuit, or possible lawsuit shall be settled by the breaching party who shall indemnify the other party against any expenses and losses that arise therefrom.
8. Confidentiality
8.1. For the purpose of this Agreement, confidential information refers to trade secrets (including financial secrets), technical secrets, business know-how, and/or other information and materials that shall be kept confidential (including product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, R&D, software, hardware, APIs, technical descriptions, designs, special formulas, and special algorithms) that a party (hereinafter referred to as the "receiving party") obtains or becomes aware of from the other party (hereinafter referred to as the "disclosing party") or that is generated due to two parties' fulfillment of this Agreement, regardless of the form or carrier of such information and data, and whether the disclosing party has indicated the confidential nature of such information and data in oral, graphic, written, or other forms at the time of disclosure.
8.2. Both parties shall take appropriate measures to properly preserve the confidential information provided by the other party, with measures no less prudent than those it takes to protect its own confidential information. Both parties can use the confidential information only for the purpose hereunder or the purpose associated with this Agreement.
8.3. Both parties shall guarantee that the confidential information is disclosed only to directors or employees involved in this business, and shall strictly manage the staff with access to the preceding confidential information, to ensure that they will comply with the confidentiality obligations set forth herein.
8.4. The preceding restrictions under this Agreement do not apply to the following situations:
8.4.1. The confidential information is already legally owned by the receiving party at the time of or prior to the signing of this Agreement.
8.4.2. The confidential information has been disclosed to the public or can be obtained from the public domain.
8.4.3. The confidential information is obtained by the receiving party from a third party that has no confidentiality or non-disclosure obligations.
8.4.4. The confidential information has been disclosed or can be obtained from the public domain on the premise that the confidentiality obligations hereunder are not violated.
8.4.5. The confidential information is independently developed by the receiving party or its associated or affiliated companies without benefits from the disclosing party or its associated or affiliated companies.
8.4.6. The receiving party discloses the confidential information upon request by courts or other legal and administrative departments, by procedures such as oral questioning, inquiry, request for information or documents, subpoena, and civil or criminal investigation.
8.4.7. When the receiving party applies to the administrative department, industry association, or other institutions for a certain business qualification, obtains a certain certification, or abides by the national and industrial standards/certifications, the receiving party shall submit materials or disclose information required in order to provide an explanation to the aforementioned institutions in accordance with the other party's situation. In such cases, the receiving party shall, if necessary, abide by the minimum disclosure principle and require the institutions obtaining the confidential information as a result to keep such information confidential under standards not lower than those under this Agreement.
8.5. You and Alibaba Cloud shall make the best efforts to protect the above confidential information from being disclosed. If the preceding Confidential Information is disclosed to the public, both parties shall cooperate and take appropriate measures to avoid or minimize any negative impacts. If a loss is sustained by either party as a result, the other party shall compensate for direct economic losses that arise therefrom.
9. Activation, Termination, and Change of the Service
9.1. Subscription services:
9.1.1. For a service sold based on a resource plan (or a package), the service period shall expire upon expiration of the service period of the resource plan you have ordered or upon complete consumption of the services in the resource plan (whichever occurs earlier);
9.1.2. You shall use up the services in a resource plan within the service period. If the service period of the resource plan expires, the services that you have ordered but not used up will be voided and Alibaba Cloud will provide no replacement or compensation.
9.1.3. During your use of the service, the resource plan that you purchase is preferentially used to offset service fees. Unless provided for by law or otherwise agreed upon by both parties, if the resources in the purchased resource plan are used up or the service expires, and you continue to use the service without purchasing another resource plan or renewing the service, Alibaba Cloud will deem that you agree to use the service by using the pay-as-you-go billing method (if any). Alibaba Cloud will proceed with the billing and deduct service fees based on the billing results.
9.2. Pay-as-you-go services:
Unless otherwise agreed or you have not settled other payments, you can use Alibaba Cloud services when you activate the services. If you have not purchased any subscription resource plan or your resource plan is exhausted, the service is billed based on pay-as-you-go by default.
Make sure that your account balance is sufficient to ensure continued use of your service. If the service payment is overdue because your account balance is insufficient or other payment methods fail to settle the payment, Alibaba Cloud will suspend the pay-as-you-go service.
You can apply for service suspension protection in the User Console. Alibaba Cloud will provide a service suspension protection quota or period. You can continue to use the relevant Alibaba Cloud service within the service suspension protection period or quota, and you shall pay the service fees based on the billing rules of the service. If you have not settled the overdue service payment within the service suspension protection period or quota, Alibaba Cloud will suspend the pay-as-you-go service and freeze the relevant operations that you can perform with your account. You can view the bill to check whether your service suspension protection quota is exhausted. Alibaba Cloud will assess your actual payment status and credibility and adjust your service suspension protection quota or period. The actual service suspension protection quota or period in the User Console shall prevail. You can view the bill to check whether your service suspension protection quota is exhausted. You can manually disable service suspension protection or contact the customer support of Alibaba Cloud to disable it for you. Alibaba Cloud will suspend the relevant pay-as-you-go service at the time when an overdue service payment occurs after you disable service suspension protection.
Starting from the day when Alibaba Cloud suspends your service, Alibaba Cloud will store your data within a grace period and continuously charges you storage fees. After the grace period ends, if you have not settled all overdue payments, all of your data on Alibaba Cloud will be permanently deleted and cannot be restored.
9.3. The service period shall be terminated in advance:
9.3.1. If such termination is conducted upon mutual agreement between both parties.
9.3.2. If you conduct a material breach of the Terms (including your material violation of relevant laws and regulations, or your material violation of any of the commitments under the Terms), Alibaba Cloud has the right to terminate the service early until all your data is erased.
9.3.3. You understand and fully acknowledge that although Alibaba Cloud has established (and will continue to improve based on the development of technology) necessary technical measures to defend against issues or behaviors that endanger network security, including computer viruses, network intrusions, and attacks (including DDoS) (hereinafter collectively referred to as such behaviors), in view of the limitations and relativity of network security technology and the unpredictability of such behaviors, Alibaba Cloud may decide to suspend or terminate the service if your website encounters such behaviors, causing harm to Alibaba Cloud or other Alibaba Cloud networks or servers (including local, national, and international networks or servers), or affecting the smooth communication between Alibaba Cloud and the Internet, or between Alibaba Cloud and specific networks, servers, or within Alibaba Cloud. If the Service is terminated, the service fees will be calculated based on the actual month of the Service provided. If the service period is less than a month, it shall be counted as one month. The remaining part (if any) in the amount that you have paid will be returned.
9.3.4. Alibaba Cloud may terminate the Terms 30 days in advance by notifying you on the Alibaba Cloud official website or via an internal message on the website or a written notice; and then Alibaba Cloud shall refund the amount that you have paid in advance but have not consumed to your Alibaba Cloud account.
9.4. You understand and acknowledge that, to upgrade the technology or the service system, or adjust the business strategy or cooperate with changes in major national technology, regulations, and policies, Alibaba Cloud makes no warranty as to the permanent provision of specific services, and has the right to change the form, specifications, or other aspects (e.g., the prices and billing methods of the services) of the services it provides, and that before terminating such services or making such changes, Alibaba Cloud will use its best efforts to provide a prior notice in one or more ways, such as website announcement, internal message, email, or SMS.
10. Liability for Breach of This Agreement
10.1. If you breach any of the commitments, warranties, service use rules, or obligations in the Terms, or if Alibaba Cloud finds at its sole discretion that your use is abnormal, Alibaba Cloud has the right to unilaterally take one or more of the following measures at its sole discretion and according to the circumstances of your use: (1) restricting or suspending the use of the services; (2) terminating the provision of the services, and terminating the Terms; (3) investigating your legal liability; and (4) other handling measures that Alibaba Cloud deems appropriate. You shall be liable for any loss arising from the suspension or termination of the Service or other measures taken by Alibaba Cloud in accordance with the foregoing terms.
10.2. If you violate relevant provisions of applicable laws and regulations, this Agreement, or relevant rules, thereby resulting in any loss to, any claim filed by other users or any third party against, or any penalty imposed by any administrative department on Alibaba Cloud, you shall make full compensation for the actual losses sustained by Alibaba Cloud, other users, or relevant third parties, including a reasonable proportion of the charges for affording a lawyer.
10.3. You understand and agree that, given the special nature of computer and Internet services, Alibaba Cloud shall not be deemed to commit a breach of these Terms under any of the following circumstances:
10.3.1. It is necessary for Alibaba Cloud to suspend the Service for a short period of time for system and server configuration, maintenance, or upgrading.
10.3.2. Access to your website may slow down as a result of congestion on the Internet.
10.4. You may 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 specific reasons beyond the control of Alibaba Cloud.
10.5. 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.
10.6. To the extent permitted by law, Alibaba Cloud's liability for damages under the Terms shall not exceed the sum of the service fees paid for the Service in the past 12 months.
11. Notice
11.1. When you use IMS, you shall provide Alibaba Cloud with authentic and valid contact information (including your email address, contact phone number, and contact address). If the contact information changes, you are obliged to update the relevant information at the earliest opportunity and to remain contactable. Your member account (including RAM user) that receives internal messages and system messages will also serve as your valid contact information.
11.2. Alibaba Cloud will send notices to you through one or more of your above contact methods. Given that the content of such notices may have a major beneficial or adverse impact on your rights and obligations, you should pay timely attention to them.
11.3. Alibaba Cloud shall send a notice to you through the above contact methods. If such notice, including an announcement, is made in electronic form, Alibaba Cloud shall be deemed to have served it on you after successfully sending a phone message to the telephone number you provide, an email to the email address you provide, and a system message or an internal message to your account; or if such notice is made in paper form, Alibaba Cloud shall be deemed to have served it on you on the fifth (5th) calendar day after mailing it to the contact address you provide.
11.4. You shall warrant that the contact information you provide is accurate, valid, and up-to-date. Any possible legal consequences arising from the failure or delay in receiving the legal documents due to your provision of inaccurate contact information or failure to inform Alibaba Cloud of the changed contact information shall be borne by yourself.
12. Force Majeure
12.1. In the event of force majeure or any other unexpected event that makes the performance of this Agreement impossible, unnecessary, or meaningless, the party suffering from force majeure or unexpected event shall not be held accountable.
12.2. 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 of the parties, including natural disasters such as floods, earthquakes, and plagues, and social events such as war, turmoil, governmental acts, interruption of trunk lines of communication, hacker attacks, network congestion, technological adjustments by telecom departments, as well as government regulations.
13. Governing Laws and Dispute Resolution
13.1. The conclusion, entry into force, construction, amendment, supplement, termination, execution, and dispute resolution of the Terms shall be governed by the laws of the People's Republic of China.
13.2. Any disputes arising from your use of IMS or relating to IMS shall be resolved by Alibaba Cloud and you through negotiation. If no settlement is reached after negotiation, either party may file a lawsuit with the Xihu District People's Court of Hangzhou.
14. Supplementary Provisions
14.1. Annexes to this Agreement, service descriptions, and price descriptions posted by Alibaba Cloud on relevant pages of the Alibaba Cloud website, and the order pages that you confirm (including special terms, service descriptions, and operating documents of the product) constitute an integral part of this Agreement. If inconsistency exists, these documents shall apply in the following order of priority: (1) service descriptions, price descriptions, and other order pages, (2) special terms and annexes, and (3) general terms and conditions of this Agreement.
14.2. You undertake to abide by the export control and economic sanctions laws and regulations of the United Nations, China, the European Union, the United States, and other countries to which these articles apply. You undertake not to provide, directly or indirectly, the products or services that Alibaba Cloud provides, to entities or individuals on the restricted list or sanctioned countries/regions listed in the applicable laws governing export controls and economic sanctions, nor use such products or services directly or indirectly for purposes prohibited by applicable laws and regulations governing export controls and economic sanctions.
14.3. In the case of any change in the Terms, Alibaba Cloud shall notify you of the modification 30 days in advance by posting an announcement on the appropriate page of the Alibaba Cloud official website. If you continue to use IMS, you shall be deemed to have accepted the relevant modification made by Alibaba Cloud.
14.4. Alibaba Cloud has the right to transfer all or part of the rights and obligations under the Terms to Alibaba Cloud's affiliates upon prior notice.
14.5. Alibaba Cloud's waiver of the rights under the Terms in the event of your negligence or breach of contract shall not be deemed as its waiver of your other or subsequent similar negligence or breach of contract.
14.6. If any provision of the Terms is deemed to be annulled, invalid, or unenforceable, such provision shall be deemed to be separate, and shall not affect the validity and enforceability of the remaining provisions of the Terms.
14.7. The clauses, such as warranty, confidentiality, intellectual property rights, governing law and dispute resolution, under the Terms shall survive termination of the Terms.