The Terms of Service (hereinafter referred to as the "Terms") constitute a valid contract between Alibaba Cloud Computing Co., Ltd. (hereinafter referred to as "Alibaba Cloud") and you with respect to Managed Security Service. By accepting the Terms by stamping, clicking the Agree button on a web page, or other means, or using Alibaba Cloud Managed Security Service, you acknowledge that you have reached an agreement with Alibaba Cloud, and agree to accept the entire content of the Terms. If the stamped text is inconsistent with the text of the Terms accepted on the web page or by other means, the stamped text shall prevail. Before you accept the Terms, read the entire content hereof carefully, especially the content in bold and/or underlined. If you have questions about the content of the Terms, consult the relevant business department of Alibaba Cloud for an interpretation. You can find the contact information on the Alibaba Cloud international site (alibabacloud.com). You may not proceed if you do not agree to any content in the Terms or cannot understand the interpretation of Alibaba Cloud.
1. Definitions
1.1 "You" herein refers to all subjects that use Alibaba Cloud Managed Security Service, including but not limited to individuals, teams, companies, and organizations. These subjects may also be called "users".
1.2 "Service" herein refers to Managed Security Service displayed on the Alibaba Cloud international site (alibabacloud.com). You can choose the specific service specifications as needed, and the detailed service content will be based on the specific specifications you have chosen.
2. Service fees
2.1 Alibaba Cloud will publish the billing method, pricing system, and other information of Managed Security Service on the Alibaba Cloud international site (alibabacloud.com). For more information about the specific billing rules, see the announcement on www.alibabacloud.com. Service fees are calculated based on the billing method and standards then effective on the web page.
2.2 Alibaba Cloud starts to provide the Service for you only after you pay the service fees. Where you fail to pay within seven days after you place an order, the Terms and all agreements reached between Alibaba Cloud and you regarding the Service shall become invalid.
2.3 If both parties are willing to continue to cooperate upon expiration of the service period, you shall pay the renewal fee at least seven days prior to the expiration of the service period, so that the Service can be continued. If Alibaba Cloud adjusts the product system, name, or price at the time of renewal, the parties agree to follow the new product system, name, or price in force at the time of renewal.
2.4 Alibaba Cloud reserves the right not to provide you with the Service and/or technical support or the right to terminate the Service and/or technical support until you have paid the service fees in full as agreed. In addition, Alibaba Cloud reserves the right to hold you liable for late payment for pay-as-you-go services provided by Alibaba Cloud.
2.5 You understand and agree that Alibaba Cloud has the right to adjust the product system, name, price, or billing method of Managed Security Service from time to time based on its business conditions. Alibaba Cloud shall use commercially reasonable endeavors to inform you of the foregoing adjustments and changes in advance by posting announcements on the official website, sending internal messages, sending text messages to your mobile number, or other means.
2.6. You fully understand that Alibaba Cloud has the right to offer promotional discounts based on its own business promotion needs. All promotional discounts and complimentary service items are one-time special offers provided by Alibaba Cloud. These special offers do not include the modification, update, or maintenance costs of the complimentary service items, and the complimentary service items cannot be converted to offset the service price.
3. Rights and obligations
3.1 Your rights and obligations
3.1.1 You agree to abide by the Terms and relevant management specifications and procedures on the service display page. You understand that the Terms and the preceding specifications may be modified from time to time. If any content of the Terms is modified, Alibaba Cloud shall remind you of the modified content by posting an announcement on an appropriate page of www.alibabacloud.com 30 days in advance. If you do not agree to a modification made by Alibaba Cloud to the Terms, you have the right to stop using the Service provided by Alibaba Cloud. In such case, you shall export the relevant business data and settle the service fees (if any) 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 terms of the Terms.
3.1.2 Before you use Managed Security Service, you should carefully read the relevant service description, technical specifications, and usage procedures displayed on the Alibaba Cloud website and understand the related content and possible consequences. During the use of Managed Security Service, you should follow the relevant operational guidelines and shall be responsible for managing the risks and proceeding with caution. Alibaba Cloud will not be liable for any consequences resulting from your violation of the operational guidelines.
3.1.3 You warrant that:
3.1.3.1 You will pay the corresponding service fees in accordance with the page prompts of Alibaba Cloud and as agreed in the Terms.
3.1.3.2 You will not use any part of Managed Security Service separately for any purpose.
3.1.3.3 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.
3.1.3.4 If the Service provided by Alibaba Cloud involves the licensing of third-party software, you agree to be bound by the relevant license agreement.
3.1.3.5 You will use Managed Security Service only for activities that comply with national laws, such as legitimate commercial and scientific research activities, and not for any illegal activities, including but not limited to:
3.1.3.5.1 political propaganda and/or dissemination of news information in violation of national regulations;
3.1.3.5.2 activities that involve state secrets and/or security;
3.1.3.5.3 activities that involve feudal superstitions and/or obscenity or pornography and/or criminal incitement;
3.1.3.5.4 illegal Internet publishing activities, such as operating illegal lotteries, running gambling games, running private game servers, or providing cheating programs;
3.1.3.5.5 activities that violate national ethnic and religious policies;
3.1.3.5.6 activities that disrupt Internet operational security;
3.1.3.5.7 activities that infringe upon others' legitimate rights and interests and/or those that harm social order, public security, or public morals; and
3.1.3.5.8 any other activities that violate laws, regulations, departmental rules, or national policies.
3.1.3.6 You will not build or use relevant equipment or configurations to run programs or processes that are not related to the Service, or deliberately write malicious code to occupy a large amount of server memory, CPU resources, or network bandwidth resources on the platform (hereinafter referred to as "cloud platform") composed of cloud computing resources such as Managed Security Service, network bandwidth resources, and storage space. Such behavior will cause overload for networks or servers (including but not limited to local, non-local, and international networks and servers) and products or applications of the cloud platform or other users of Alibaba Cloud, affect the smooth connection between Alibaba Cloud and the Internet, between Alibaba Cloud and specific networks or servers, or within Alibaba Cloud, cause the breakdown or crash of the products and services on the cloud platform or the servers that host the websites of other users of Alibaba Cloud, or make the products or applications on the cloud platform inaccessible.
3.1.3.7 You will not perform any acts that undermine or attempt to undermine network security, including but not limited to phishing, hacking attacks, network fraud, the injection or suspected involvement in the spreading of viruses, Trojan horses, and malicious code to websites or cyberspace, and suspected involvement in attack behaviors such as scanning, sniffing, ARP spoofing, and DDoS attacks against other websites and servers using virtual servers.
3.1.3.8 You will not change or attempt to change the system configuration provided by Alibaba Cloud or sabotage network security.
3.1.3.9 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.
3.1.3.10 You will not perform any other act that violates laws, regulations, or the Terms of Alibaba Cloud.
3.1.3.11 If Alibaba Cloud discovers that you violate any of the preceding terms, it has the right to take appropriate measures based on the circumstances, including but not limited to immediate suspension or termination of the Service. If you cause losses to Alibaba Cloud, including its affiliates, or Alibaba Cloud partners due to your violation of any of the foregoing warranties, you shall also bear all legal liabilities and compensate for the losses.
3.1.3.12 If a third-party organization or an individual raises questions or complaints against you, Alibaba Cloud will notify you, and you shall offer an explanation and provide supporting evidence within the specified time limit. If you fail to provide evidence to the contrary or fail to give feedback within the specified time limit, Alibaba Cloud will take measures including but not limited to immediate suspension or termination of the Service. If you cannot be reached due to your failure to update the contact information in a timely manner or incorrect contact information provided, you shall be deemed to fail to give feedback within the specified time limit.
3.1.3.13 Alibaba Cloud will not be liable for any loss caused to you due to measures taken under Clause 3.1.3.11 or 3.1.3.12, including suspension or termination of the Service.
3.1.4 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.
3.1.5 You are responsible for the integrity and confidentiality of the data that you store on the cloud platform provided by Alibaba Cloud as well as the security tokens and passwords that you use to access and manage various products and services on the cloud platform. 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 improper confidentiality.
3.1.6 You shall submit to Alibaba Cloud a list of contacts who implement the Terms 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.
3.1.7 You should carefully read the service description for Managed Security Service on the Alibaba Cloud website and assess the compatibility of Managed Security Service with the operating systems, cloud servers, or other products or services you choose.
3.2 Rights and obligations of Alibaba Cloud
3.2.1. Alibaba Cloud shall provide the Service to you in accordance with the Terms and the service standards displayed on the product page.
3.2.2 During the service period, Alibaba Cloud will provide a 24/7 online ticketing system and an after-sales service hotline to address any issues you encounter.
3.2.3. Alibaba Cloud will eliminate failures that occur due to non-artificial operations, except for failures attributable to you and/or force majeure, and matters that are beyond the control of Alibaba Cloud.
3.2.4. Alibaba Cloud provides the technical support specified in the Terms, but does not bear the consequences or losses attributable to you, including but not limited to poor code quality, management negligence, and ineffective security management.
3.2.5. Alibaba Cloud shall strictly abide by its confidentiality obligations.
4. Intellectual property rights
4.1 You acknowledge that the intellectual property rights in any information, technology or technical support, software, or service that Alibaba Cloud provides for you shall be owned by and vest in Alibaba Cloud or a third party. You shall not copy, disseminate, transfer, license others to use, or provide others with the foregoing resources except with the express consent of Alibaba Cloud or a third party. Otherwise, you shall assume corresponding liabilities.
5. Confidentiality
5.1 "Confidential Information" refers to all technical and non-technical information disclosed by a party to the other party, including but not limited to product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, research and development information, software, hardware, APIs, technical descriptions, designs, special formulas, and special algorithms.
5.2 Either party hereto agrees to maintain the confidentiality of any Confidential Information of the other party, and to urge its employees who have access to the Confidential Information to abide by the confidentiality obligations in this clause. The party that receives Confidential Information shall not disclose the information to any third party, unless it is required by the competent authority in compliance with the law or the Confidential Information has entered into the public domain.
5.3 Both parties hereto acknowledge that their respective user information and business data are their respective assets and key confidential information, and they agree to do their utmost to protect the Confidential Information from disclosure. 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.
5.4 This clause shall survive the termination of the Terms.
6. Term and termination
6.1 Alibaba Cloud shall provide the Service to you for the duration of your subscription until the subscription period expires.
6.2 Managed Security Service will be terminated early under any of the following circumstances:
6.2.1 The termination is agreed upon by the parties after negotiation.
6.2.2 You seriously violate the Terms, including but not limited to a. your failure to fulfill the payment obligation in accordance with the Terms, and/or b. your serious violation of the warranties made under the Terms, and/or c. your serious violation of laws and regulations. In such cases, Alibaba Cloud has the right to unilaterally terminate the Service in accordance with the relevant provisions hereof, without refunding any fees paid by you.
6.2.3 You understand and fully acknowledge that Alibaba Cloud has taken necessary technical measures and will continue to improve technologies to defend against events or behaviors (hereinafter referred to collectively as the "behaviors") that endanger network security, such as computer viruses, network intrusions, and attacks including but not limited to DDoS. However, due to the limits and relativity of network security technologies and the unpredictability of such behaviors, if these behaviors occur on your website and cause damage to Alibaba Cloud or other Alibaba Cloud networks or servers (including but not limited to local, non-local, and international networks and servers), or affect the smooth connection 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 will be calculated based on the actual months of the Service provided (any partial month will be counted as a full month), and the remaining balance (if any) will be refunded.
6.2.4 Due to changes in its business policies, Alibaba Cloud may terminate the Service under the Terms by posting an announcement or notice at an appropriate location of the website, or sending you an internal message or a written notice, 30 days in advance.
7 Disclaimers and limitation of liability
7.1 You understand that Alibaba Cloud cannot guarantee that Managed Security Service is flawless, nor can it guarantee the absolute security of your hardware or software. However, Alibaba Cloud commits to continuously improving the quality and level of its services. Therefore, you agree that, even if the Service provided by Alibaba Cloud has flaws and such flaws 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 work with Alibaba Cloud to resolve such flaws.
7.2 You understand and agree that, given the special nature of computers and the Internet, risks of system downtime, business interruptions, and data loss may occur during the provision of Managed Security Service. You are fully aware of and accept these risks and shall prepare for them in advance, and Alibaba Cloud shall not be liable for any consequences and losses arising therefrom.
7.3 Under no circumstance shall Alibaba Cloud be liable for any indirect, consequential, punitive, incidental, or special damages, including the loss of profit arising from your use of the Service provided by Alibaba Cloud, even if you have been advised of the possibility of such damages.
7.4 In no event shall Alibaba Cloud's total liability for damages under the Terms exceed the total service fees received from you for Managed Security Service.
8. Force majeure
8.1 If any force majeure or other unexpected event renders the performance of the Terms impossible, unnecessary, or meaningless, the party that suffers the force majeure or other unexpected event shall not be held liable in this regard.
8.2 A force majeure or other unexpected event refers to an objective event that cannot be foreseen, overcome, or avoided and has a significant impact on either or both of the parties, including but not limited to natural disasters such as floods, earthquakes, and plagues, and social events such as wars, turmoil, governmental actions, interruption of communication trunk lines, hacker attacks, network congestion, technological adjustments by telecom departments, as well as government regulations.
9. Governing law and dispute resolution
9.1 The Terms shall be governed by the laws of the People's Republic of China.
9.2 Any dispute arising during the fulfillment of the Terms shall be promptly resolved by the parties through negotiation. If no agreement can be reached, either party may file a lawsuit with the Hangzhou West Lake District People's Court.
10. Supplementary provisions
10.1 The service description and price description of Alibaba Cloud on www.alibabacloud.com and the order page that you have confirmed are an integral part of the Terms. In case of any inconsistency between the foregoing content and the Terms, the Terms shall prevail.
10.2 Alibaba Cloud has the right to transfer all or part of its rights and obligations under the Terms to its affiliates by posting an announcement on www.alibabacloud.com or by sending you an internal message or a written notice 30 days in advance.
10.3 Any clause that, by its nature or otherwise, is intended to survive the termination of the Terms shall continue in full force and effect following any such termination. This includes, but is not limited to, clauses relating to warranty, confidentiality, intellectual property rights, and governing law and dispute resolution.
10.4 Under the Terms, Alibaba Cloud may send you notices in any of the following ways: website announcement, internal message, email, text message, and written notice. Such notices shall be deemed to have been served on the date of sending.