These Alibaba Cloud International Website Product Terms of Service (the“Product Terms”) describe the general and specific terms and conditions applicable to your purchase and use of the products and services (the“Products”) offered or made available through the website currently located at the URL: www.alibabacloud.com (the“Alibaba Cloud Platform”).This document is a legally binding agreement between you as the purchaser and/or user of the Products and the Alibaba Cloud entity listed in Section 2.1 below (“Alibaba Cloud”).
1. Application and Acceptance of the Product Terms
1.1 These Product Terms apply to your purchase and/or use of the Products on the Alibaba Cloud Platform.
1.2 By purchasing and/or using the Products,you agree to accept and be bound by these Product Terms.You may be required to enter into a separate agreement,whether online or offline,with Alibaba Cloud or Alibaba Cloud’s affiliate for i) use of the Alibaba Cloud Platform; or ii) purchase of the Products or any other products or services offered by Alibaba Cloud (“Additional Agreements”).If there is any conflict or inconsistency between these Product Terms and any Additional Agreement,the Additional Agreement shall take precedence over the Product Terms only in relation to the portion of the Products governed by the conflicting Additional Agreements.
1.3 Please do not purchase and/or use the Products if you do not agree and accept all of the Product Terms and/or Additional Agreements (if applicable).
1.4 You acknowledge and agree that Alibaba Cloud may amend the Product Terms at any time by posting the relevant amended and restated Product Terms on the Alibaba Cloud Platform.By continuing to use the Products after the posting of the amended and restated Product Terms, you agree that the amended Product Terms will apply to you.
1.5 If you are a customer or end-user of an Alibaba Cloud authorized reseller or distributor,then the provisions hereunder related to pricing,billing,invoicing and payment,and service and maintenance (including but not limited to Sections 3.7, 3.10, 3.11 of the Product Terms and Sections 1-3 and 6 of the Singapore Addendum to Alibaba Cloud Product Terms) shall not apply to you.Instead,the terms of your existing agreement or purchase order with your reseller or distributor shall govern such areas.
1.6 If you are an Alibaba Cloud authorized reseller or distributor, then Alibaba Cloud agrees that pursuant to Section 3.12 of the Product Terms, if your end customers should experience an usage issue with Alibaba Cloud Products that they have purchased for a fee,and such usage issue is finally determined to be solely caused by Alibaba Cloud,then Alibaba Cloud will assume responsibility for such end customer usage issue by providing you with the Service Guarantees as provided in the SLAs (as defined in Section 3.12).
2. Contracting Entity and Account
2.1 The Alibaba Cloud entity that you are contracting with in connection with your purchase or subscription of the Products is:
a) Alibaba Cloud (Singapore) Private Limited if you are a resident in or have indicated,at the time of registration of your Account (as defined in the Alibaba Cloud Membership Agreement),that your billing address is an address in any jurisdiction outside of the United States of America,Europe,India, or Malaysia;
b) Alibaba Cloud US LLC if you are a resident in or have indicated that,at the time of your Account registration, your billing address is an address in the United States of America;
c) Alibaba.com (Europe) Limited if you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address in the United Kingdom, Switzerland, or any other jurisdiction in Europe but outside the European Economic Area;
d) Alibaba (Netherlands) B.V. if you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address in any member state within the European Economic Area;
e) Alibaba Cloud (India) LLP if you are a resident in or have indicated that,at the time of your Account registration, your billing address is an address within India.
f) Alibaba Cloud (Malaysia) Sdn. Bhd. if you are a resident in or have indicated that,at the time of your Account registration, your billing address is an address within Malaysia.
2.2 Some Products or services of the Alibaba Cloud Platform may be offered or provided by Alibaba Cloud’s affiliates on behalf of Alibaba Cloud.
2.3 Some products,services,promotions,campaigns,service level agreements,guarantees,and/or other forms of offerings may only apply to customers in particular locations (including as may be described in the regional pages of the Alibaba Cloud Platform (the“Regional Offerings”). These Regional Offerings may be offered or provided by entities other than Alibaba Cloud.These Regional Offerings and the terms related thereto may not apply to you and/or the main Alibaba Cloud Platform.Unless otherwise specified,these Regional Offerings are not offered or provided by Alibaba Cloud and Alibaba Cloud is not liable for any matters related to the Regional Offerings. Likewise, the Products, services, promotions, campaigns, service level agreements, guarantees, and/or other forms of offerings of the Alibaba Cloud Platform (the“Alibaba Cloud Offerings”) may not apply to customers eligible for Regional Offerings and the offering entities of the Regional Offerings shall not be liable for these offerings unless otherwise specified. You are responsible for reviewing the terms and conditions for each Regional Offering and Alibaba Cloud Offering carefully before agreeing to participate,purchase,or use any of the Regional Offerings or Alibaba Cloud Offerings as the terms and conditions for each offering may differ. You agree that you shall be bound by our determination as to whether a particular product, service, promotion, campaign, service level agreement, guarantee, and/or other forms of offering constitutes a Regional Offering and/or an Alibaba Cloud Offering and the relevant terms applicable thereto.If you do not agree to the applicable terms and conditions, you shall cease your participation in, use, or purchase of the relevant offerings.
2.4 You must register as a member of the Alibaba Cloud Platform in order to purchase and/or use the Products.The registration and use of your account with the Alibaba Cloud Platform is governed by the terms of the Alibaba Cloud Membership Agreement.You shall ensure that any and all information you provide to Alibaba Cloud through the Alibaba Cloud Platform is true, accurate, correct, complete, and not deceptive, fraudulent or misleading.
3. General Product Terms
The following General Product Terms are applicable to the purchase and/or use of all Products offered on the Alibaba Cloud Platform:
3.1 Benefits,features and functions available to you for any of the Products may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available in all countries and regions or for all users.Alibaba Cloud may in its sole discretion limit, deny or create different level of access to and use of any the Products (or any features comprised therein) with respect to different users.
3.2 You must comply with the relevant technical documentation applicable to the Products as posted and updated by Alibaba Cloud from time to time at the Alibaba Cloud Platform.You further agree,as a continuing condition for your use of the Product,to abide by all licence terms and conditions of all third party software components, libraries and application programme interfaces comprised in any Product as from time to time notified on the Alibaba Cloud Platform.
3.3 Alibaba Cloud may launch, change, upgrade, impose conditions to, suspend, or stop offering any Product (or any features or functions within the Products),including sign-on procedures and requirements,and the manner of access to any Product (including any URLs used in connection therewith) without prior notice.Alibaba Cloud may also in its discretion, and after reasonable prior notice to you, relocate, suspend or cease operations at any data center. In the event of such relocation, suspension or termination of operations, you may need to change or update configurations of any affected Products, and will be responsible for any failure to change or update your configurations in the time period provided in the notice.
3.4 Alibaba Cloud reserves the right to monitor your purchase or use of the Products any time as needed to verify your compliance with the Product Terms, in accordance with our Privacy Policy. You agree that you shall not block or interfere with our monitoring.
3.5 You agree, upon Alibaba Cloud’s request, to cooperate with Alibaba Cloud to identify and resolve any problems with the Products that Alibaba Cloud reasonably believes to be attributable to you.
3.6 As a condition of your purchase and/or use of the Products, you agree that you will comply with all applicable laws and regulations for using the Products (including without limitation,any applicable data protection,import,re-import,export, strategic goods control, and re-export control laws, including any applicable license requirements,and international or country-specific sanctions programs). If Alibaba Cloud has reason to believe that any of your conduct violates the law, infringes or misappropriates the rights of any third party or is otherwise deceptive, fraudulent or misleading, Alibaba Cloud may at its sole discretion notify you of our awareness of such circumstances and may at its sole discretion take any relevant enforcement actions against you as deemed adequate and necessary in light of the circumstances, including but not limited to, requesting you to remove any unlawful content, disabling or suspending your right to use any Products, restricting your access to the Alibaba Cloud Platform, suspending or terminating your Account, etc. Notwithstanding any of the foregoing provisions, Alibaba Cloud shall have the right to directly remove any content on the Alibaba Cloud Platform that may be unlawful or may disrupt, threaten, or damage the operation and functioning of the Alibaba Cloud Platform or other users of the Alibaba Cloud Platform.
3.7 Some Products require the processing of personal data of your customers or employees. You agree that it is solely your responsibility to establish a legal basis for the processing of such data under local law, including providing adequate privacy notices and obtaining any required consents to customers or employees. You represent and warrant to Alibaba Cloud that you have a legal basis for processing this data, including obtaining any required notices and consents, under local law. You also represent that you will comply with any data protection laws and regulations, including but not limited to obtaining consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of these Products.
3.8 Alibaba Cloud may from time to time offer special terms or pricing programs for the Products (the“Special Programs”).Alibaba Cloud shall have the right to stop accepting any application for any Special Programs or discontinue the offering of any Special Programs without notifying you. You must agree to any terms and conditions for the Special Programs if you choose to participate in such.
3.9 Alibaba Cloud shall have the right to apply any upgrades or engage in any service maintenances any time as deemed necessary. Alibaba Cloud will use commercially reasonable endeavors to notify you in advance of any scheduled maintenance of the Alibaba Cloud Platform or the Products and you shall comply with any maintenance requirements for the Products that we notify you about.
3.10 Alibaba Cloud shall have the right to assign and/or novate any part of or all of the Terms (including any of our rights, titles, benefits, interests, obligations and duties in the Terms and this Agreement) to any person or entity (including any affiliates of Alibaba Cloud). Alibaba Cloud may by written notice to you (which may be posted on the Alibaba Cloud Platform) require such novation of the Terms or any part thereof, and you hereby irrevocably agree and consent to any such novation, whereupon Alibaba Cloud shall be released and discharged from all of its obligations under these Terms, as well as all claims, actions and demands arising under these Terms up to the time of such novation. You may not assign, in whole or part, any of the Terms (including this Agreement) to any person or entity.
3.11 Certain products may have specific payment terms. Please refer to the Alibaba Cloud Payment and Tax Terms provided on the Alibaba Cloud Platform for specific payment terms for the products that you purchased.
3.12 The service guarantees and any related performance commitments (the “Service Guarantees”) as may be amended from time to time provided in the Alibaba Cloud International Website Service Level Agreements (the “SLAs”, which shall be deemed to form a part of the Product Terms) only apply to your purchase and use of the Products for a fee, and shall not apply to any free Products or trial Products provided by us. Such Service Guarantees are your sole and exclusive remedy with respect to the applicable Products that you purchase for a fee. The SLAs may be accessed here or at such other channel(s) as we may designate from time to time.
3.13 Prior to August 31, 2018 (the“Initial Operations Period”), the Service Guarantees set out in any SLAs shall not apply to the purchase or use of resources provided by the Dubai, United Arab Emirates data center. During the Initial Operations Period, Alibaba Cloud shall use commercially reasonable efforts to provide the Products on an “as is” basis without Service Guarantees.
3.14 Alibaba Cloud may from time to time, in its sole and absolute discretion, make available to you beta, evaluation or pre-release versions of Alibaba Cloud products and software made available through the Alibaba Cloud Platform (“Beta Product”). By accessing and/or using any such Beta Product, requesting Alibaba Cloud to provide Beta Product to you, and/or choosing to activate any functionality provided therein, you agree and acknowledge that your access and/or use of the Beta Product shall be subject to, and you shall be bound by, the Alibaba Cloud International Website Beta Testing Terms(the “Beta Testing Terms”) as may be amended from time to time. If there is any conflict or inconsistency between these Product Terms and the Beta Testing Terms, the Beta Testing Terms shall take precedence over the Product Terms only in relation to the Beta Product.
4. Product-Specific Terms
Without limiting the generality of the Product Terms, you further agree and undertake that the purchase and use of the Products identified hereunder is subject to the additional specific terms and conditions set forth hereunder, and depending on the Alibaba Cloud entity you contracted with for the Products, as also set forth in the addendum in respect of the Products identified therein
4.1 Alibaba Cloud Elastic Compute Service (ECS)
a) If your subscription to Alibaba Cloud ECS service is to be used together with Alibaba Cloud Server Load Balancer, you shall ensure that you have purchased sufficient bandwidth for your Alibaba Cloud Server Load Balancer.
b) The Alibaba Cloud Anti-DDoS Service is one of the functions provided by Alibaba Cloud along with the Alibaba Cloud ECS service. Once you have purchased or subscribed to Alibaba Cloud ECS, Alibaba Cloud will provide the Anti-DDoS service to you. If you do not require the Anti-DDoS service, you may follow the relevant instructions as provided on the Alibaba Cloud Platform to unsubscribe or uninstall these functions. You further acknowledge and agree that the Alibaba Cloud Anti-DDoS service, although extensively tested, cannot guarantee to be fully compatible with all hardware or software systems or without fault. In the event of incompatibility or software fault, you may report the situation by calling Alibaba Cloud’s technical support. If such incompatibility cannot be resolved, you may stop using the Anti-DDoS Service.
c) You may access and/or use certain software developed and owned by Microsoft Corporation (“Microsoft”) or its licensors (the “Microsoft Software”) if you subscribed to the Alibaba Cloud ECS services. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
i. The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with Alibaba Cloud ECS;
ii. You may not transfer or use the Microsoft Software outside the Alibaba Cloud ECS services. You may not rent, lease, lend, transfer, distribute, or host the Microsoft Software, to or for third parties, or allow third parties to access and/or use any function of the Microsoft Software;
iii. The Microsoft Software is protected under copyright laws, international copyright conventions, as well as other intellectual property laws and treaties. The Microsoft Software and any element thereof (including without limitation, any images, photos, animations, videos, audio, music, text, and "applets") shall be the property of Microsoft and its licensors. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software. Your possession, access or use of the Microsoft Software should not be construed as a transfer of the ownership or intellectual property of Microsoft Software;
iv. You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;
v. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Alibaba Cloud ECS Service;
vi. Microsoft is not responsible for providing any support in connection with the Alibaba Cloud ECS Service. Please do not contact Microsoft for support; and
vii. Microsoft does not guarantee that the Microsoft Software will be error-free or uninterrupted. You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft, its suppliers, and Alibaba Cloud disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
viii. Microsoft is an intended third-party beneficiary of this Clause 4.1 c), with the right to enforce its provisions. You shall be directly liable to Microsoft for any breach of its provisions.
d) You acknowledge and agree that internet traffic and connectivity is affected by numerous factors, including telecommunications infrastructure, regulatory policies and controls in countries around the world, and that Alibaba Cloud cannot and does not ensure that internet users in all regions can access web or mobile applications operating on your ECS services. In addition, you undertake not to use the ECS services in a manner which is intended to, or assists, any user, directly or indirectly to violate or evade law or policy in any jurisdiction.
e) You shall not, without the prior written approval of Alibaba Cloud, use the Alibaba Cloud ECS Service as an email server and/or provide SMTP services.
f) As part of the Alibaba Cloud ECS services, Alibaba Cloud may permit independent third party developers (each a “Third Party Image Publisher”) to display, publish or make available virtual machine images (i.e. virtual appliances used to create a virtual machine within Alibaba Cloud ECS services) (“Third Party Images”) for use or deployment by you in connection with the Alibaba Cloud ECS services. Any such Third Party Images are not part of and do not constitute Products, Alibaba Cloud Offerings or Alibaba Cloud ECS service offerings, of Alibaba Cloud. If you choose to use or deploy any such Third Party Images, you do so entirely at your own risk and you hereby agree to these additional terms and conditions:
i. You acknowledge and agree that the Third Party Image Publisher is solely responsible for any of such Third Party Images, and you may be subject to and required to agree to separate terms and conditions by such Third Party Image Publisher for the use or deployment of such Third Party Images. Alibaba Cloud is not responsible for such Third Party Images, and Alibaba Cloud do not have control over the selection thereof, nor does Alibaba Cloud pre-screen, routinely monitor or exercise editorial control over such Third Party Images.
ii. You acknowledge and agree that:
1.Alibaba Cloud does not represent either the Third Party Image Publisher or the user in the provision of the Third Party Images offered by the Third Party Image Publisher, and cannot control and is not liable to or responsible for the condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement of such Third Party Images, or the ability of the Third Party Image Publisher and the user to enter into any separate agreements governing the use or deployment of the Third Party Images; and
2.you are fully assuming the risk of purchasing and using such Third Party Images offered by such Third Party Image Publisher.
iii. Alibaba Cloud may at any time, in our sole and absolute discretion, screen, delete, disable and/or remove any Third Party Images or any related functionality if Alibaba Cloud receives a complaint from another customer or a notice of intellectual property infringement or other legal instruction for removal, or which in Alibaba Cloud’s sole and absolute opinion violates any of its applicable terms of use, or is otherwise illegal or objectionable, or any other reason as Alibaba Cloud may see fit.
iv. Alibaba Cloud does not verify and is not in a position to verify any party’s rights to display, publish or make available any Third Party Images for use or deployment with the Alibaba Cloud ECS services. To the maximum extent permitted under applicable law, Alibaba Cloud hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement, or as to the contents and/or use or deployment of Third Party Images being uninterrupted, error free, free of harmful components, secure, or not otherwise causing damage or loss of functionality or data.
v. You hereby agree to indemnify and hold Alibaba Cloud, its respective affiliates, directors, officers and employees harmless from and against any and all losses, claims, penalties and/or liabilities which may arise from or in connection with your use or deployment of the Third Party Images and/or any breach by you of the Product Terms.
vi. To the maximum extent permitted under applicable law, Alibaba Cloud shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from your use or deployment of Third Party Images.
For the avoidance of doubt, for the purposes of this sub-section (f), any references to your use or deployment of Third Party Images shall include any use or deployment of such Third Party Images by your representatives, agents, service providers, customers and any other party as permitted or authorised by you.
4.2 Alibaba Cloud Server Load Balancer
You need to subscribe to the use of Alibaba Cloud ECS before you can activate the Alibaba Cloud Server Load Balancer service.
4.3 Alibaba Cloud ApsaraDB for RDS (RDS)
a) You may access and/or use certain software developed and owned by Microsoft Corporation (“Microsoft”) or its licensors (the “Microsoft Software”) if you subscribed to the Alibaba Cloud RDS services. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
i. The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with Alibaba Cloud RDS services;
ii. You may not transfer or use the Microsoft Software outside the Alibaba Cloud RDS services. You may not rent, lease, lend, transfer, distribute, or host the Microsoft Software, to or for third parties, or allow third parties to access and/or use any function of the Microsoft Software;
iii. The Microsoft Software is protected under copyright laws, international copyright conventions, as well as other intellectual property laws and treaties. The Microsoft Software and any element thereof (including without limitation, any images, photos, animations, videos, audio, music, text, and "applets") shall be the property of Microsoft and its licensors. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software. Your possession, access or use of the Microsoft Software should not be construed as a transfer of the ownership or intellectual property of Microsoft Software;
iv. You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;
v. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Alibaba Cloud RDS Service;
vi. Microsoft is not responsible for providing any support in connection with the Alibaba Cloud RDS Service. Please do not contact Microsoft for support; and
vii. Microsoft does not guarantee that the Microsoft Software will be error-free or uninterrupted. You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
viii. Microsoft is an intended third-party beneficiary of this Clause 4.3 a), with the right to enforce its provisions. You shall be directly liable to Microsoft for any breach of its provisions.
b) You may access and/or use certain software developed and owned by Enterprise DB Corporation (“Enterprise DB”) or its licensors (the“Enterprise DB Software”) if you subscribed to the Alibaba Cloud RDS services. If you choose to use the Enterprise DB Software, Enterprise DB and its licensors require you to agree to the following terms and conditions:
i. You shall not reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of the Enterprise DB Software;
ii. You shall not redistribute, encumber, sell, rent, lease, sublicense, misappropriate, or otherwise transfer rights to these properties (whichever applicable);
iii. You shall not remove or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels in these properties (whichever applicable); and/or
iv. You shall not use or access the other party’s software in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of such software.
4.4 Alibaba Cloud VPC (Virtual Private Cloud)
You understand and agree that your use of the Alibaba Cloud VPC is based on your individual and careful assessment and judgment and you are individually responsible for such, including but limited to:
a) during your use of Alibaba Cloud VPC, you are responsible for all consequences resulting from your own customization of the settings of the virtual path router / virtual switch / custom routing; and
b) during you use of Alibaba Cloud VPC, you are responsible for procuring and managing your own relevant equipment, such as dedicated-lines or virtual public network equipment.
4.5 Alibaba Cloud Open Cache Service
Your use of the Alibaba Cloud Open Cache Service may require you to have a certain amount of credit balance in your account. Please refer to the Alibaba Cloud Platform for specific details and updates of effective fees and payment schemes.
4.6 Alibaba Cloud KVStore Services
a) You need to subscribe for at least one (1) Alibaba Cloud ECS service before you can activate/use the Alibaba Cloud KVStore services; and
b) Your service period for Alibaba Cloud KVStore shall be deemed to commence on the day your subscription for KVStore is deemed to be successful by our notification to you, not the day you received your KVStore password.
4.7 Alibaba Cloud Object Storage Services (OSS)
Your use of Alibaba Cloud OSS shall be measured by your actual usage of storage services in 1-hour intervals. Please refer to the Alibaba Cloud Platform for specific details and updates of effective fees and payment schemes.
4.8 Alibaba Cloud Message Service
You acknowledge and agree that the messages and notifications that you saved in your account in connection with your use of Message Service will not be stored forever. You may elect to delete these messages and notifications yourself. You may also configure the number of days for these messages and notifications to be kept in your account. For messages, the maximum number of days of retention is 15. For notifications, the maximum number of days of retention is 1. After that, these messages and notifications will be automatically removed and Alibaba Cloud shall not be responsible for anything that arises out of the deletion of these messages and notifications.
4.9 Alibaba Cloud Content Delivery Network (CDN)
a) Your use of Alibaba Cloud CDN shall be measured by your actual traffic incurred upon service activation. Please refer to the Alibaba Cloud Platform for specific details and updates of effective fees and payment schemes.
b) You shall ensure that you have sufficient balance in your account in order for the CDN service to be continued.
c) If you intend to subscribe for Alibaba Cloud CDN resources based in the People’s Republic of China (the“PRC”), then you shall be solely responsible for arranging to completing any and all relevant registrations with the Ministry of Information Technology of the People’s Republic of China as required by the laws of PRC. Otherwise, Alibaba Cloud reserves the right to decline to provide or cease your use or subscription of the Alibaba Cloud CDN services anytime as deemed appropriate without any liability to you. You shall check your status of registration before using or subscribing for Alibaba Cloud CDN services for resources in the PRC.
d) Your use of the Alibaba Cloud CDN shall be subjected to the product specifications, limitation, and descriptions in the relevant product description page (the“CDN Descriptive Terms”) on the Alibaba Cloud Platform. In the event of any inconsistency between these Product Terms and the CDN Descriptive Terms, these Product Terms shall prevail.
e) You acknowledge and agree that your use of Alibaba Cloud CDN is subject to the traffic limitations preset by Alibaba Cloud. If your traffic exceeds Alibaba Cloud’s limit, Alibaba Cloud reserves that right to limit or suspend your use of Alibaba Cloud CDN services.
4.10 Alibaba Cloud Anti-DDoS, Anti-DDoS Proxy, Anti-DDoS Origin and Gameshield
Alibaba Cloud may from time to time, in its sole and absolute discretion, make available certain products and/or services related to Distributed Denial of Services (DDoS) protection, which may include without limitation Alibaba Cloud Anti-DDoS, Anti-DDoS Pro, Anti-DDoS Proxy, Anti-DDoS Origin and Gameshield (collectively, “Alibaba Cloud Anti-DDoS”). By purchasing, accessing and/or using Alibaba Cloud Anti-DDoS, requesting Alibaba Cloud to provide Alibaba Cloud Anti-DDoS to you, and/or choosing to activate any functionality provided therein, you agree and acknowledge as follows:
a) Alibaba Cloud Anti-DDoS may be subject to specific traffic limits (“Relevant Limits”), and the performance of the Products that you may subscribe to in connection with Alibaba Cloud Anti-DDoS (e.g. ECS, RDS) may be affected where traffic in/to any such Products approaches the Relevant Limits. You agree, acknowledge, and undertake sole risk that your use of any such Products may be suspended or interrupted where your traffic exceeds the Relevant Limits, and you shall be solely responsible to clear or redirect any abnormal and/or problematic traffic or path of traffic to ensure that traffic in/to your Products do not exceed the Relevant Limits;
b) Alibaba Cloud shall not be obliged to notify you where your traffic approaches the Relevant Limits, but (if this functionality is available) you may configure your setting of Alibaba Cloud Anti-DDoS to request a notification when traffic to your Product approaches a threshold set by you. To increase your traffic limit, you must subscribe for an upgrade for the relevant Product that accommodates such higher traffic;
c) certain functionalities of Alibaba Cloud Anti-DDoS Proxy product may require Alibaba Cloud to utilize from time to time the available capabilities of Alibaba Cloud’s anti-DDoS scrubbing centers deployed across multiple jurisdictions, and therefore involve transfer(s) of your Member Content and relevant data across one or more jurisdictions, depending on the instance type of Alibaba Cloud Anti-DDoS Proxy product you have purchased. You expressly authorize (and shall procure all necessary authorization) for Alibaba Cloud to transfer your Member Content and relevant data as contemplated herein for the purposes of providing you with the functionalities of Alibaba Cloud Anti-DDoS Proxy product, including as you may request;
d) any processing of Member Content (including personal data) submitted or collected through Alibaba Cloud Anti-DDoS is for your purposes and on your behalf and you remain responsible for complying with applicable data protection requirements in relation to such data. You further represent and warrant to Alibaba Cloud that you have obtained the necessary consents of the relevant data subjects for providing Alibaba Cloud with their data for your/our handling of their data as contemplated herein; and
e) you shall not:
i. Through Alibaba Cloud Anti-DDoS offer DDoS protection Services to any third parties;
ii. Resell, directly or indirectly, Alibaba Cloud Anti-DDoS Services in part or in full; and/or
iii. Separate/segregate the components of Alibaba Cloud Anti-DDoS to be used for any purpose.
4.11 Alibaba Cloud CloudMonitor (CM)
a) You acknowledge and agree that the Alibaba Cloud CloudMonitor services are provided to you in accordance with the product usage manual pre-determined by Alibaba Cloud (the“CloudMonitor Manual”) and you shall abide by the terms and specifications of the CloudMonitor Manual in connection with your use of CM. Alibaba Cloud shall not be responsible for any loss, damages, interruption, suspension, or any other problems that arise out of your use of Alibaba Cloud CloudMonitor services that is not in accordance with the terms of CloudMonitor Manual.
b) If you activate the alert service of the Alibaba Cloud CloudMonitor services, you can configure alert rules for metrics in host monitoring, instances in cloud service monitoring, and metrics in custom monitoring, and Alibaba Cloud will send alert notifications via emails, messages, etc. to you accordingly. You consent to Alibaba Cloud collecting, using and disclosing your personal data (which may include your phone numbers, email addresses) provided by you for the purpose of sending you alert notifications under your use of the alert service and in accordance with your configuration of the alert rules. If you provide us with any personal data relating to a third party, by submitting such information to us, you represent to us that you have obtained the consent of such third party to you providing us with their personal data, for the collection and use of their personal data for the purpose set out above.
4.12 Alibaba Cloud Distributed Relational Database Service
a) You shall have subscribed to Alibaba Cloud RDS in order to be able to use Alibaba Cloud Distributed Relational Database Service.
b) Your service period for Alibaba Cloud Distributed Relational Database Service shall be deemed to commence on the day your subscription for DRDS is deemed to be successful, not the day you received your Distributed Relational Database Service password.
c) The scope of Distributed Relational Database Service services include only the Distributed Relational Database Service services and related technologies and network services as depicted on the Alibaba Cloud Platform. Any free trial services offered along with Distributed Relational Database Service, including but not limited to data storage expansion, distribute secondary index services, data loading, and etc., are not part of the Distributed Relational Database Service services and Alibaba Cloud does not assume any liability for your use of any such free trial services.
d) Any free, trial-use of the Alibaba Cloud Distributed Relational Database Services is not entitled to any service level guarantees.
4.13 Encryption Service
a) You will be provided with a device for encrypting and decrypting the file and you shall be responsible for managing and maintaining this device. Alibaba Cloud shall not be liable for any consequences that you may suffer as a result of your loss or damage of this device. Alibaba Cloud reserves the right to decline to provide any replacement device to you.
b) You shall be responsible for maintaining the completeness and confidentiality of any access keys or passwords provided to you in connection with your use of the Encryption Service. Alibaba Cloud shall not be responsible for any loss of data, irreversible encryption of files, or damages of any kind that you may suffer as a result of your failure to properly maintain the completely or confidentiality of your access keys or passwords.
c) Alibaba Cloud may not perform any backups of any files for you. You are solely responsible for your own backup configurations.
4.14 Alibaba Cloud Web Application Firewall
a) You acknowledge and agree that your use of the Alibaba Cloud Web Application Firewall services may involve analysis of traffic and record of access log, and there may be occasions or instances where the operation of your web application may be affected, and Alibaba Cloud shall not be liable for any liabilities, losses or damages that you may incur as a result of your web application’s operation being affected.
b) Alibaba Cloud does not guarantee or warrant that the Alibaba Cloud Web Application Firewall Service will scan or detect all issues, threats, vulnerabilities or problems in your web applications.
4.15 Alibaba Cloud Analytic Database Service
You may be allowed to authorize one or more third parties to use the Alibaba Cloud Analytic Database Service in part or in full. You acknowledge and agree that any and all acts done by such third parties as a result of your authorization will be deemed to be done by you and you shall assume any and all liabilities, losses or damages for any matters, including but not limited to payment of service fees, that arise out of such third parties’ use of your Alibaba Cloud Analytic Database Service.
4.16 Alibaba Cloud Resources Access Management (RAM)
a) You may use RAM to create and define different sets of security and access right credentials (the “Credentials”) under your Alibaba Cloud membership account. The format of the Credentials may include user names, passwords, roles, policies, permissions, access keys, and/or security tokens. You may change the configurations of the security and access rights under your account anytime, but you acknowledge and agree that, in the event that Alibaba Cloud has reason to determine that a change is necessary in our reasonable discretion (i.e. for security purposes), we may change the security and access rights too. Alibaba Cloud will use commercially reasonable endeavors to notify you of any change that we make as soon as possible;
b) You shall be responsible for ensuring all Credentials that you created complies with the terms, policies and rules of the Alibaba Cloud websites;
c) You shall be liable for all activities happening in the Credentials created by you;
d) You shall be responsible for maintaining secrecy of all Credentials that you created;
e) You acknowledge and agree that any third party identify authentication provider that you use in connection with RAM is provided directly to you by such party and Alibaba Cloud shall assume no responsibility for their services. Alibaba Cloud reserves the right to change or cease to support any identify authentication provider for any reason without notification to you.
4.17 Alibaba Cloud Auto Scaling Services
a) You acknowledge and agree that Alibaba Cloud may launch additional or terminate Alibaba Cloud ECS instances based on the criteria or conditions that you set.
b) You shall be responsible for payment of all fees incurred in connection with your use of Auto Scaling Services regardless of the results of your use of the Auto Scaling Services and you shall ensure that you have sufficient funds for payment after you configured the setup of the Auto Scaling Services.
4.18 Alibaba Cloud Personalized Recommendation Engine Service
You acknowledge and agree that Alibaba Cloud makes no representation or warranties on the suitability or fitness for purposes for any recommendations made to you via your use of the Personalized Recommendation Engine Services.
4.19 Alibaba Cloud E-MapReduce Service
a) You will subscribe to the Alibaba Cloud ECS service while you subscribe to the Alibaba Cloud E-MapReduce service.In addition to the fees of Alibaba Cloud E-MapReduce service, you are also responsible for payment of the separate fees for Alibaba Cloud ECS. You may also choose to subscribe to Alibaba Cloud OSS service and pay separate fees for Alibaba Cloud OSS.
b) You shall be responsible for payment of all fees incurred in connection with your use of Alibaba Cloud E-MapReduce regardless of the results of your use of Alibaba Cloud E-Map Reduce.
c) We may collect certain information about computing jobs you run using Alibaba Cloud E-MapReduce. You hereby grant us the right to collect such information, including but not limited to CPU utilization, memory usage, I/O performance, and error and information messages generated by computing jobs and services.
d) We may suspend or terminate your computing jobs if we determine that such jobs degrade the performance of Alibaba Cloud E-Map Reduce, the Products or any component thereof. The status and result of your computing jobs are your sole responsibility.We do not guarantee the result of your computing jobs nor any loss or corruption of data during your computing jobs.
4.20 Alibaba Cloud Data Transmission Service
You shall ensure that you comply at all times with any personal data privacy laws and regulations, including but not limited to obtaining end user and/or data subject consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of the Data Transmission Service.
4.21 Alibaba Cloud API Gateway
a) You may use Alibaba Cloud API Gateway to release, maintain, and manage your API.
b) We do not guarantee and it is your sole responsibility for the performance, reliability and security of all your APIs.
c) You acknowledge and agree that your use of Alibaba Cloud API Gateway is subject to the preset requests per second limitation for each API group. Your requests would be refused if you exceed such request limitation.
4.22 Alibaba Cloud Resource Orchestration Service (ROS)
a) Alibaba ROS enables you to create Alibaba Cloud resources according to the template that you provide.You may also create your templates based on the sample templates provided by Alibaba Cloud.You acknowledge any sample templates provided by Alibaba Cloud are provided as is and you are solely responsible for your use of the sample templates.
b) You acknowledge and agree Alibaba may store the templates and the parameters of the templates that you upload.
c) You confirm to purchase the Alibaba resources as posted in the templates, and you agree to be responsible for any and all the fees incurred for the Alibaba resources arising from or in connection with the ROS regardless of the overall resource orchestration result in the template.
4.23 Alibaba Cloud MaxCompute
a) You shall be responsible for arranging to upload any and all data and information as you require to be processed in connection with your use of MaxCompute.Alibaba Cloud shall not be liable for inability to use MaxCompute for any reason or fault attributable to you. You shall be responsible for payment of all fees incurred in connection with your use of MaxCompute regardless of the results of your use of MaxCompute.
b) We may collect certain information about computing jobs you run using Alibaba Cloud MaxCompute.You hereby grant us the right to collect such information, including but not limited to CPU utilization, memory usage, I/O performance, and error and information messages generated by computing jobs and services.
4.24 Alibaba Cloud Data IDE
You must subscribe to the Alibaba Cloud MaxCompute prior to your subscription of the Alibaba Cloud Data IDE service.You are also responsible for payment of the separate fees for Alibaba Cloud MaxCompute.
4.25 Alibaba Cloud ApsaraVideo for Live (ApsaraVideo)
a) You are required to subscribe to the Alibaba Cloud CDN and OSS products in order to use the ApsaraVideo service.You acknowledge and agree that your use of the ApsaraVideo service is subject to the traffic and storage limitations that Alibaba Cloud may impose from time to time.If your traffic or storage exceeds such limits, Alibaba Cloud reserves the right to limit or suspend your use of ApsaraVideo services.
b) You shall be solely responsible for complying with all applicable laws in relation to your use of the ApsaraVideo service in each jurisdiction in which your services will be offered, and the lawful operation of your services, including without limitation obtaining any and all relevant and/or required registrations, licenses, permits, consents from all applicable government or regulatory authorities, and all applicable third parties licences or consents. You shall not infringe or otherwise procure, authorise, abet or encourage the infringement or violation of any third party’s intellectual property rights or other proprietary right or rights of publicity and privacy or other rights recognized at law through your use of the ApsaraVideo service.Without prejudice to any other rights or remedies of Alibaba Cloud, Alibaba Cloud has the right to terminate, decline to provide or cease your use or subscription of the ApsaraVideo services and/or remove any content stored on Alibaba Cloud’s systems associated with your use of the ApsaraVideo services if Alibaba Cloud determines that you have breached or are likely to breach the terms applicable to your use of ApsaraVideo set forth herein, without any liability to you.You shall fully indemnify Alibaba Cloud from and against any and all losses, costs, damages, claims or proceedings Alibaba Cloud may suffer or become subject to in connection with any breach of your aforesaid obligations.
c) You agree and acknowledge that the ApsaraVideo service is offered subject to the product specifications, limitations, and descriptions in the relevant product description page (the “ApsaraVideo Descriptive Terms”) on the Alibaba Cloud Platform. In the event of any inconsistency between these Product Terms and the ApsaraVideo Descriptive Terms, these Product Terms shall prevail.
4.26 Alibaba Cloud Web Hosting Service (Web Hosting)
a) In your purchase of Alibaba Cloud Web Hosting Service, you acknowledge that your website(s) will be hosted on one or more servers, and that computing and technology resources are shared among many customers on the same servers.
b) You shall not use the Web Hosting Service to engage in any of the following activities:
i. using servers or your website(s) as the source, intermediate, reply to address or destination address for spam emails, email bombs, Internet packet flood attacks, packet corruption, denial of service attacks, or any other form of net abuse, or to perform any other illegal, fraudulent or abusive activities;
ii. activities threatening or adversely impacting the stability of our network, or causing server loads beyond reasonable levels, as determined in our discretion;
iii. hacking or any other activities related to security breaches;
iv. using any website as an anonymous gateway, open relay, or for similar purposes;
v. disseminating or transmitting any material that may be perceived as offensive, malicious vulgar, defamatory, abusive, racist, deceptive or fraudulent;
vi. running public recursive DNS services on any of our servers;
vii. subleasing or reselling the Web Hosting Services or similar activities; or
viii. using the Web Hosting Service as a repository or tool to store files.
c) Your website(s) may not contain any of the following content: (1) image hosting scripts that allows anonymous users to upload images for display on another website; (2) banner ad services that display ads on another website(s) or device(s) (commercial banner ad rotation); (3) file storage/mirror scripts that allow anonymous users to upload files for download by other users; (4) commercial audio streams (more than one or two audio streams); (5) one-click email sending scripts that allow users to specify the recipient email addresses; (6) anonymous or bulk text message gateways; (7) backup for the content of other computers or websites; (8) bitstream trackers; or (9) any script that degrades the performance of our servers or network environment.
d) It is your sole responsibility to take appropriate measures to: (1) provide, update, upload, and maintain your website(s) and server(s); (2) protect the content of your website(s) against any loss or damage; (3) keep independent archives and backup copies of the content on your website(s) and server(s); and (4) ensure security, confidentiality, and integrity of all website or server content that you transmit through or store on our servers.
e) If the traffic to your website(s), the number of websites you have, or the disk space used by your website(s) affect the stability, performance, or normal operation of our servers, data storage, network, or other infrastructure, we retain the right to take measures to limit the resources used by any of your websites.
f) We reserve the right to limit, remove or suspend any services that violate any of the above restrictions.
4.27 Alibaba Cloud DirectMail Service
a) For the DirectMail Service, you shall only use a domain that you legally hold and is approved by Alibaba Cloud, and you shall carry out all configurations (including but not limited to SPF, MX, etc.) as required by Alibaba Cloud (including as may be notified to you via the DirectMail Service). Alibaba Cloud shall have the right to suspend or terminate the DirectMail Service in the event that you alter the configurations of the domain in a manner which is no longer in compliance with any of Alibaba Cloud’s requirements.
b) You agree and acknowledge that there may be restrictions in functionality and specifications (including but not limited to the number of domain names and mailing addresses supported, the maximum number of e-mails to be sent, the number of mail tags, the number of mail templates, etc.) of the DirectMail Service.
c) We may store and scan your e-mails for purpose of preventing and blocking “spam” e-mails and other harmful or unwanted items from being sent over the DirectMail Service. We may decline to send any e-mail if in our sole and absolute discretion we determine that your e-mail may be abusive or low quality (such as “spam”). In addition, you shall comply with any “know your customer” and any other additional screening measures that Alibaba Cloud may reasonably require, as notified to you from time to time.
d) You are solely responsible for the validity of email addresses (including the sending address, the reply address, and the recipient’s address) used in the DirectMail Service.
e) To the extent that you instruct Alibaba Cloud to send or otherwise transmit any e-mails when you use the DirectMail Service, you agree and acknowledge that Alibaba Cloud is sending or otherwise transmitting such e-mails on your behalf pursuant to your instructions, and in addition, you agree and acknowledge that Alibaba Cloud is a data intermediary acting on your behalf of you in respect of any collection, use, and/or disclosure of any personal data by Alibaba Cloud in connection with such instructions.
f) You shall be solely responsible, at your own cost and expense, for complying with all applicable laws (including without limitation applicable personal data protection laws and spam regulations) regarding DirectMail Service, including without limitation to secure all consents necessary for the sending of such e-mails to the recipients through the DirectMail Service as may be required under applicable law, as well as to comply with any and all legal or regulatory requirements applicable to the sending of such e-mails such as in relation to the form, content and/or recipients thereof.
g) You shall limit your e-mails sent through the DirectMail Service to only recipients that have subscribed to receiving such e-mails from you, and the body of any and all e-mails you send through the DirectMail Service shall provide a clear method for unsubscribing, as well as any other mandatory information required under applicable laws to be included in your e-mails (e.g. sender identification information or notices).
h) Your e-mails may be blocked or prevented from being delivered by destination email servers and other reasons out of our control. Your payment obligation for the DirectMail Service remains regardless of whether delivery of any of your e-mails is prevented, delayed or blocked. In addition, the proportion of hard bounced failed e-mails caused by invalid recipient addresses shall not exceed the upper limit set by Alibaba Cloud. You hereby agree and confirm that you are responsible for the completeness and for maintaining the confidentiality of your Alibaba Cloud account and password, and the codes and passwords for accessing and managing the DirectMail service. You shall be liable for all losses and consequences arising from your account codes and passwords, and Alibaba Cloud shall not be responsible for any loss or damage relating thereto.
4.28 Alibaba Cloud DNS Service
a) You represent and warrant that you legally hold and have all necessary rights to use the domain name used for the Alibaba Cloud DNS service (the“DNS Service”).
b) You agree to use the DNS Service in accordance with the technical documentation published on the Alibaba Cloud International Website. You understand that there are restrictions in functionality and specifications (including but not limited to the number of changes of domain names, Geo DNS, DNS Traffic Protection QPS, etc.) of the DNS Service and agree to such restrictions.
c) Alibaba Cloud reserves the right to suspend or terminate the DNS Service if your DNS traffic exceeds the DNS Traffic Protection QPS you have purchased, or due to potentially excessive burden or adverse impact on the servers, systems, processing power or other functionality of Alibaba Cloud or Alibaba Cloud users.
d) Alibaba Cloud provides both free and paid DNS Services.If your domain name is registered using the Alibaba Cloud Domain Name Registration Service, when you switch between the free and paid DNS Service, you acknowledge and authorize Alibaba Cloud to update the name server information on your behalf.You further acknowledge and agree that the name server may not be successfully updated by Alibaba Cloud if you have set up certain client update restrictions during your use of the Alibaba Cloud Domain Service.
e) If you purchase Alibaba Cloud Public DNS (“Public DNS”), which is a type of DNS Service, after you activate Public DNS, Alibaba Cloud provides you with a specific amount of free traffic for resolution every month. You can view the free monthly traffic quota on the Public DNS page of the Public DNS console.You are charged for the traffic that exceeds the free monthly quota. If your account has an overdue payment for Public DNS, Alibaba Cloud no longer provides the free traffic quota for you. If the free traffic quota is not used up in a month, the remaining traffic is cleared at the end of the month. Public DNS supports two billing methods: pay-as-you-go and subscription.If you choose the subscription billing method, you must purchase a data transfer plan.After you purchase a data transfer plan for Public DNS, you need to use the data transfer plan within the validity period. The traffic quota in the data transfer plan is cleared when the data transfer plan expires. After your payment is overdue for 24 hours, the service is suspended. After your payment is overdue for 360 hours (15 days), all your business data in Public DNS is cleared.
4.29 Alibaba Cloud Certificate Management Service
Prior to using the Alibaba Cloud Certificate Management Service, you must (1) submit a certificate or certificate service application in a form approved by Alibaba Cloud and the applicable certificate issuer, (2) agree to the subscription agreement provided by the certificate issuer where applicable, (3) successfully undergo a verification of the information submitted by you; and (4) respond to any Alibaba Cloud or applicable certificate issuer’s request for additional relevant information.
4.30 Alibaba Cloud E-HPC Service
a) You are responsible for payment of all fees incurred in connection with your use of the Alibaba Cloud E-HPC.The status and result of your computing jobs are your sole responsibility.We do not guarantee the result of your computing jobs nor any loss or corruption of data during your computing jobs.
b) We may collect certain technical information about computing jobs you run using Alibaba Cloud E-HPC. You hereby authorize us to collect such information, including but not limited to CPU utilization, memory usage, I/O performance, and error and information messages generated by computing jobs and services.
c) We may suspend or terminate your computing jobs if we determine that such jobs degrade the performance of the Alibaba Cloud E-HPC, the Products or any component thereof.
4.31 Alibaba Cloud Quick BI Service
a) You represent and warrant that you have all the rights to the data you upload or share on the Alibaba Cloud Quick BI Service (the“Quick BI Service”) for the purpose of using the Quick BI Service. The data you upload or share on the Quick BI Service shall be deemed to be “Member Content” as defined in the Membership Agreement and you shall abide by the terms applicable to such Member Content therein.
b) You understand and agree that if you enable certain functions of the Quick BI Service which permit public sharing of the data or in shared areas available to others, anyone with whom you have shared the data may use, save, reproduce, distribute, display, and transmit such data freely.
c) You may be able to access third-party websites or services via the Quick BI Service. Alibaba Cloud is not responsible for third-party websites, services, or material available through those third-party services. You are solely responsible for your dealings with third parties (including advertisers). Your use of third-party websites or services may be subject to that third party’s terms and conditions. You agree that you have all rights necessary to upload or share data from third parties.
d) You agree and acknowledge that subject to your ownership of Member Content, Alibaba Cloud shall own all Intellectual Property Rights in and to the end products created via your use of the Quick BI Service (including analytics results, models, visualisations and/or workbooks).
e) You are solely responsible for the data modelling carried out using the Quick BI Service (including setting of parameters) and accordingly you bear all responsibility and risk in relation to your use of the Quick BI Service (including all end products created thereto). You agree and acknowledge that Alibaba Cloud does not warrant the accuracy or completeness of the end products created using the Quick BI Service and you rely on the same at your own risk.
f) You warrant, represent and undertake that you shall (a) provide any necessary notice to, and obtain any necessary consent from relevant third parties (including individuals) for the collection, use, processing, disclosure, and storage of your data (including by us), and (b) collect, use, transfer, store and share your data in accordance with all applicable laws.
g) You acknowledge and agree that Alibaba Cloud is processing any personal data within the data submitted through the Quick BI Service for and on your behalf, and that you remain responsible for complying with applicable data protection laws, requirements and obligations in relation to such personal data.
h) You may only use such end products for your internal business operation purposes.
4.32 Alibaba Cloud ApsaraVideo for Media Processing Service (MPS)
a) You are required to subscribe to the Alibaba Cloud OSS product in order to use the Alibaba Cloud ApsaraVideo for Media Processing Service (MPS). MPS does not provide file storage service, and it is your sole responsibility to store and backup your transcoded files.
b) You shall be solely responsible for complying with all applicable laws in relation to your use of MPS in each jurisdiction, including obtaining any and all relevant and/or required registrations, licenses, permits, consents from all applicable government or regulatory authorities, and all applicable third parties licenses or consents.You shall not infringe or otherwise procure, authorize, abet or encourage the infringement or violation of any third party’s intellectual property rights or other proprietary right or rights of publicity and privacy or other rights recognized at law through your use of MPS.
c) Without prejudice to any other rights or remedies of Alibaba Cloud, Alibaba Cloud has the right to terminate, decline to provide or cease your use or subscription of MPS and/or remove any content stored on Alibaba Cloud’s systems associated with your use of MPS if Alibaba Cloud determines that you have breached or are likely to breach the terms applicable to your use of MPS set forth herein, without any liability to you.You shall fully indemnify Alibaba Cloud from and against any and all losses, costs, damages, claims or proceedings Alibaba Cloud may suffer or become subject to in connection with any breach of your aforesaid obligations.
4.33 Alibaba Cloud Simple Application Server
a) The Alibaba Cloud Anti-DDoS Service is one of the functions provided by Alibaba Cloud along with the Alibaba Cloud Simple Application Server service.Once you have purchased or subscribed to Alibaba Cloud Simple Application Server service, Alibaba Cloud will provide the Anti-DDoS service to you. You further acknowledge and agree that the Alibaba Cloud Anti-DDoS service, although extensively tested, cannot guarantee to be fully compatible with all hardware or software systems or without fault.In the event of incompatibility or software fault, you may report the situation by calling Alibaba Cloud’s technical support.
b) You may access and/or use certain Microsoft Software if you subscribed to the Alibaba Cloud Simple Application Server service. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
i. The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with Alibaba Cloud Simple Application Server service;
ii. You may not transfer or use the Microsoft Software outside the Alibaba Cloud Simple Application Server service. You may not rent, lease, lend, transfer, distribute, or host the Microsoft Software, to or for third parties, or allow third parties to access and/or use any function of the Microsoft Software;
iii. The Microsoft Software is protected under copyright laws, international copyright conventions, as well as other intellectual property laws and treaties. The Microsoft Software and any element thereof (including without limitation, any images, photos, animations, videos, audio, music, text, and "applets") shall be the property of Microsoft and its licensors. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software. Your possession, access or use of the Microsoft Software should not be construed as a transfer of the ownership or intellectual property of Microsoft Software;
iv. You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;
v. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Alibaba Cloud Simple Application Server service;
vi. Microsoft is not responsible for providing any support in connection with the Alibaba Cloud Simple Application Server service. Please do not contact Microsoft for support; and
vii. Microsoft does not guarantee that the Microsoft Software will be error-free or uninterrupted. You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft, its suppliers and Alibaba Cloud disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
viii. Microsoft is an intended third-party beneficiary of this Clause 4.33 b), with the right to enforce its provisions. You shall be directly liable to Microsoft for any breach of its provisions.
c) You acknowledge and agree that internet traffic and connectivity is affected by numerous factors, including telecommunications infrastructure, regulatory policies and controls in countries around the world, and that Alibaba Cloud cannot and does not ensure that internet users in all regions can access web or mobile applications operating on your Alibaba Cloud Simple Application Server services.In addition, you undertake not to use the Alibaba Cloud Simple Application Server services in a manner which is intended to, or assists, any user, directly or indirectly to violate or evade law or policy in any jurisdiction.
d) You shall not, without the prior written approval of Alibaba Cloud, use the Alibaba Cloud Simple Application Server services as an email server and/or provide SMTP services.
4.34 Alibaba Cloud Image Search
a) You are aware that your use of Alibaba Cloud Image Search requires Alibaba Cloud to create vector-based templates for query image and image gallery you upload to Alibaba Cloud’s servers on your behalf to be able to single out and display the images in your image gallery similar to your query image.
b) You acknowledge and agree that Alibaba Cloud may process those vector-based templates to create anonymous models and use such models to improve its image search solution query algorithm. You are responsible and warrant to Alibaba Cloud that the processing of any personal data in the query image and image gallery to create anonymous models is not incompatible with the purposes you or the creator of the images you upload may have specified.
4.35 Alibaba Cloud Security Services
a) This section applies to your use of the Managed Security Service, including the Managed Security Service, Managed Security Service of Anti-DDos & Web Application Firewall (WAF), Security Incident Response Service, and the Security Assessment Service (collectively, “Alibaba Cloud Security Services”). The Alibaba Cloud Security Services will only apply to and cover the systems described in service descriptions provided for each of the Alibaba Cloud Security Services.
b) Access to Account Details
i. In order to provide you with the Alibaba Cloud Security Services, you may be required to provide us with your account details (including username and password) for your Alibaba Cloud sub-accounts and/or third party servers, systems and/or data for us to access such accounts, servers, systems and/or data.We will then log in to your accounts and/or servers to provide and implement the Alibaba Cloud Security Services.You hereby expressly authorize, consent to, and permit us to use and store such information to provide the Alibaba Cloud Security Services (including Anti-DDoS and WAF product deployment, security monitoring, configuration change management, security policy optimization, product fault response,server security maintenance, servers security hardening, incident response, removal of backdoors and WebShells on server, audits and analysis of logs, use security detection tools to finding system and application vulnerabilities).You represent and warrant that you have the full right, power, and authority to consent to the same, and that you are authorised to grant Alibaba Cloud such consents and access on behalf of all user accounts, systems and data that Alibaba Cloud may be able to access through the credentials and passwords provided.Without limiting any other remedy that Alibaba Cloud may have, you agree to indemnify and hold Alibaba Cloud and its affiliates harmless from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorney’s fees and costs incurred by Alibaba Cloud resulting from your breach of this provision.
ii. For the purposes of these Product Terms and solely to access your account details to implement and provide the Alibaba Cloud Security Services, you grant Alibaba Cloud a limited power of attorney, and appoint Alibaba Cloud as your attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, servers or documents, retrieve information and use your accounts and servers with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you could do in person.
iii. You acknowledge and agree that when Alibaba Cloud is accessing and using your Alibaba Cloud sub-account or servers, Alibaba Cloud is acting as your agent, and not as the agent of or on behalf of any third party.You agree that third party service providers (including server providers) shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.You agree to comply with the terms and conditions applicable to use of the systems and servers of the relevant third party vendors that you are using in connection with the Alibaba Cloud Security Services, and you warrant that our provision of the same is not in breach of such terms and conditions.
c) Your Responsibilities
i. You acknowledge that Alibaba Cloud will rely upon the accuracy of information provided by you and that Alibaba Cloud’s performance is dependent on your timely and effective satisfaction of all of your responsibilities hereunder and timely decisions and approvals by you.You acknowledge that the provision of Services is dependent upon your performance of your obligations and that Alibaba Cloud shall not be liable for its failure to perform to the extent such failure is due to (1) a failure by you or any third party retained by, or under your control to provide data or materials that you or such third party is required to provide to Alibaba Cloud or required by Alibaba Cloud to perform the Alibaba Cloud Security Services, (2) a failure by you to timely and accurately perform its responsibilities as set forth in this Agreement, or (3) a failure by you to obtain relevant consents, approvals or access for Alibaba Cloud.
ii. Where applicable, you shall obtain all consents and authorizations from any third parties necessary for Alibaba Cloud to perform the Alibaba Cloud Security Services, including without limitation, from third party data centers, co-locations and hosts. Alibaba Cloud shall not be required to execute agreements with any such third parties.
iii. You shall be responsible for providing relevant information as may be required by Alibaba Cloud to provide the Alibaba Cloud Security Services (including network architecture diagrams), physical, and logical access to your Alibaba Cloud servers and/or third party server environments, and you shall be responsible for upgrading pre-existing or installed security software as applicable, ensuring the latest patches as recommended by third party vendors are installed on your systems and servers (where applicable), configuring your servers to the relevant network requirements in accordance with Alibaba Cloud’s service requirements, and providing the ability for Alibaba Cloud to establish a persistent connection to your servers and networks.
iv. You recognize that the Alibaba Cloud Security Services is not an alternative to an incident response engagement for an environment that is compromised prior to the start of your subscription for the Alibaba Cloud Security Services.
v. You will be responsible for reporting any security issues related to the Alibaba Cloud Security Services to Alibaba Cloud immediately.You are solely responsible for complying with any legal or regulatory obligations that may arise in relation to the Alibaba Cloud Security Services, including, but not limited to, reporting to governments or notifying your customers about vulnerabilities on your Alibaba Cloud servers identified through your use of Alibaba Cloud Security Services.
vi. You must notify Alibaba Cloud if specific network segments will not require monitoring or management under the Alibaba Cloud Security Services.You must provide detailed information regarding the specific network segment range when possible (e.g. guest networks, testing environments, etc.).
vii. You must make a reasonable effort to investigate and remediate any known compromises reported by Alibaba Cloud or third party vendors.Alibaba Cloud may choose to suppress alerts generated by known compromised systems until such time the compromise is remediated.
d) Disclaimers and Limitations of Warranties and Liabilities
i. Notwithstanding anything else contained in these Product Terms to the contrary, Alibaba Cloud shall have no obligation or responsibility to provide the Alibaba Cloud Security Services for servers or systems not covered as part of the Alibaba Cloud Security Services (as described in the applicable service descriptions), servers or systems that have been declared end of support or that are not currently supported, servers or systems for which software updates have not been applied, servers or systems that have not been installed and deployed, or servers or systems that are misconfigured or incorrectly deployed, which prevents the Alibaba Cloud Security Services from monitoring the servers or systems covered by the Alibaba Cloud Security Services.You acknowledge that to facilitate Alibaba Cloud’s efficient performance of the Alibaba Cloud Security Services, Alibaba Cloud may control some features and functionality of your servers, systems and/or networks, and that such features or functionality may not be available for your independent use during your term of subscription for the Alibaba Cloud Security Services.
ii. You acknowledge and understand that the Alibaba Cloud Security Services (including any scanning, access, penetration testing and/or security configuration thereto) involves inherent risks, including, without limitation, risks related to system or network performance and availability, and data corruption or loss, and you are solely responsible for such risks. You understand and acknowledge that Alibaba Cloud performs penetration testing only with your authorization and consent as a trusted third-party security assessor and within the permitted scope of authorization, only for the purpose of identifying and defending vulnerabilities. For the avoidance of doubt, you understand and agree that the penetration testing is not intended to attack or disrupt your servers, systems or data.
iii. You agree and acknowledge that the Alibaba Cloud Security Services are provided on an “as-is” basis without warranties or representations of any kind, and Alibaba Cloud does not represent, warrant, or guarantee that servers, systems or data evaluated using the Alibaba Cloud Security Services, configurations or actions taken pursuant to the Alibaba Cloud Security Services or findings by Alibaba Cloud, including alerts, will be of a certain fidelity, error free, or comply with a particular security standard, or that the Alibaba Cloud Security Services will detect, capture, quarantine, address or remove all security attacks, vulnerabilities, viruses, threats or malware in your servers, files or data, or servers, files or data of third parties. In particular, you agree and acknowledge that the Alibaba Cloud Security Services will not be able to address zero-day vulnerabilities, exploits or cybersecurity attacks or threats based on the same.
iv. You understand and agree that receiving the Alibaba Cloud Security Services does not guarantee that your servers, systems or data will be secure.Depending on the specific nature of your servers, systems or data and the ability to configure the same provided by your service provider in respect of the same, certain portions of the Alibaba Cloud Security Services may not be available and Alibaba Cloud disclaims all liability in connection with the inability to configure such relevant portions of your servers, systems or data resulting in a security incident exploit, or attack.
v. You acknowledge that the Alibaba Cloud Security Services may include the on-supply of hardware, software and services provided by third party vendors. Such on-supplied products or services shall be governed by the respective vendor’s end user terms as may be notified to you by Alibaba Cloud from time to time and/or which are integrated into the Alibaba Cloud Security Services and which can be accepted by online click through.To the extent permitted by law, Alibaba Cloud shall have no liability whatsoever in respect of any such on-supplied products or services and you shall look to the relevant vendor for any direct recourse for the matters governed by such end user agreements
vi. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ALIBABA CLOUD SECURITY SERVICES MAY RESULT IN REMOVAL OF FILES OR DATA THAT YOU STORE IN OUR SERVERS OR THIRD PARTY SERVERS YOU HAVE PROVIDED US ACCESS TO, EVEN IF NOT INTENTIONALLY MARKED FOR DELETION OR DESTRUCTION BY YOU.YOU SHALL AT ALL TIMES MAKE THE APPROPRIATE REDUNDANCY OR BACKUP MEASURES FOR ANY AND ALL DATA AND INFORMATION YOU STORE IN SUCH SERVERS.
vii. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA CLOUD DISCLAIMS ANY LIABILITIES, LOSSES OR DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH YOUR USE OF THE ALIBABA CLOUD SECURITY SERVICES.
4.36 Alibaba Cloud Content Moderation
a) You represent to Alibaba Cloud that you have provided any necessary privacy notices to your end users of your products and services that use Alibaba Cloud Content Moderation service, and have obtained any necessary consents for processing the Member Content.
b) You acknowledge that the Alibaba Cloud Content Moderation is provided “as is” without warranty of any kind, and the result of your use of Alibaba Cloud Content Moderation is your sole responsibility.
4.37 Alibaba Cloud Short Message Service and Alibaba Cloud Voice Service
a) To the extent that you use Alibaba Cloud Short Message Service and/or Alibaba Cloud Voice Service and instruct Alibaba Cloud to send any short messages (“SMS Messages”) and/or make any voice calls to a telephone number, you shall be solely responsible, at your own cost and expense, for ensuring compliance with the applicable requirements of the applicable personal data protection laws, including for checking such numbers against relevant do-not-call registry and/or securing all consents necessary for the sending of such SMS Messages and/or making of such voice calls to the subscribers and users of the telephone numbers (as applicable). You shall not send such SMS Messages and/or make such voice calls if you have not checked such telephone numbers against the relevant registries and/or have not obtained the relevant consents from the subscribers or users of such telephone numbers.
b) To the extent that you are the party sending such SMS Messages and/or making such voice calls, you shall ensure that you are solely identified in such messages and voice calls as the sender or maker (as applicable) thereof and do not conceal or withhold from the recipient your calling line identity (in relation to voice calls), and in any event, shall ensure that nothing in the language of the messages / the voice call (as applicable) will not mislead or otherwise suggest to the recipients thereof that Alibaba Cloud is also a sender of such messages / maker of such voice call (as applicable).
c) We may store and scan your SMS Messages content and record the content of your voice calls for purpose of preventing and blocking harmful or unwanted items from being sent over the Short Message Service and Voice Service.We may decline to send any SMS Messages or permit the making of your voice calls if in our sole discretion we determine that your SMS Messages or voice calls may be abusive or low quality.
d) Alibaba Cloud reserves the right to suspend or terminate the Short Message Service and/or Voice Service as a result of your breach of this Section 4.37. Without limiting any other remedy that Alibaba Cloud may have, you agree to indemnify and hold Alibaba Cloud and its affiliates harmless from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorney’s fees and costs incurred by Alibaba Cloud and its affiliates therefrom.
e) SenderID SMS
i. Alibaba Cloud is an accredited licensee on the Singapore SMS Sender ID Registry. As such, you agree and acknowledge that any SMS Message(s) which contains a Sender ID to be sent to a Singapore number recipient (“SenderID SMS”) which you instruct us to send must meet the prevailing requirements prescribed by the registrar of the Singapore SMS Sender ID Registry, currently Singapore Network Information Centre (SGNIC) Pte. Ltd., and the Infocomm Media Development Authority (IMDA).
ii. Alibaba Cloud will have no obligation nor any liability for not sending any SenderID SMS which does not meet the prevailing requirements therefor,including the SenderID being blacklisted or any sender or aggregator involved in any prior handling of the SenderID SMS not being accredited or duly authorized to handle the same.
iii. You are solely responsible for ensuring that you meet all requirements for sending any SenderID SMS, including maintaining all registrations and issuing all letters of authorization to all relevant service providers (including any used by Alibaba Cloud or through which any SenderID SMS is routed).
iv. Without prejudice to the generality of the foregoing, we may only be able to send or process any SenderID SMS if:
(i) the Sender ID is registered with the Singapore SMS Sender ID Registry (“Whitelisted Sender ID”); and
(ii) you are the same organization which has registered that Whitelisted Sender ID; or
(iii) you are a third-party representative of the organization which has registered that Whitelisted Sender ID that, in relation to the SMS Message(s) in question, is not using the SMS services of any other SMS aggregator or has provided us with confirmation that you are exclusively using the SMS services of participating licensees in the Singapore SMS Sender ID Registry.
v. If you are sending a SenderID SMS, you warrant and represent to us that you are the rightful owner, registrant and user of such Sender ID, or have been duly authorised by the rightful owner, registrant and user of such Sender ID to use such Sender ID in relation to your Sender ID SMS. You further warrant that the content of any such Sender ID SMS is not illegal, unlawful or contrary to any code of conduct which Alibaba Cloud is subject to, and will not be used for or in connection with any fraud, crime or other illegal activities.
vi. Alibaba Cloud has the right to suspend or terminate your Short Message Service and/or user account if we suspect or believe that you have provided a Sender ID that is used to impersonate an organization’s Whitelisted Sender ID or otherwise used in bad faith, as determined in our sole discretion.
vii. Without limiting any other remedy that Alibaba Cloud may have, you agree to indemnify and hold Alibaba Cloud and its affiliates harmless from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorney’s fees and costs incurred by Alibaba Cloud and its affiliates therefrom on account of any Sender ID SMS sent by or through you in breach of these terms.
f) Telephone Number Application
When you apply for a telephone number to use Alibaba Cloud Voice Service, you acknowledge and agree that Alibaba Cloud acts as a facilitator in the telephone number application process. We do not directly sell telephone numbers or provide telephony services. Instead, we connect you with a local telecommunications service provider responsible for assigning telephone numbers in your designated area and such telephony services are provided by the local telecoms service provider. Your application will be reviewed and processed directly by relevant telecommunications service providers.
You also agree and acknowledge we may collect certain information (as disclosed in the relevant page of such product) on behalf local telecommunication service provider, and will delete that information after it is disclosed to local telecommunications service provider. That information is necessary for the telecommunication service provider to process your application, your application will not be processed if you deny to provide that information.
g) Data Processing Locations
You understand and acknowledge that Alibaba Cloud Short Message Service and Alibaba Cloud Voice Service involve multiple transfer of your Member Content and relevant data, depending on where you/recipient locates, and the frequently sending/calling locations are indicated in the following table:
Alibaba Cloud Short Message Service | Alibaba Cloud Voice Service |
Mainly From/Via: Netherlands, Belgium, US, UK, Indonesia, Hong Kong (China) Mainly To: Indonesia, Hong Kong (China), Malaysia, Philippines, Brazil, India, Thailand, Singapore, Vietnam, and Korea | Mainly From/Via: Hong Kong (China), Singapore Mainly To: France, Albania, Vietnam, Germany, US, Morocco, Iceland, Kenya, Mauritius, the Faroe Islands, Monaco, Zambia, Greenland, Tanzania, and Seychelles |
4.38 Alibaba Cloud IoT Platform
You acknowledge and agree that the Alibaba Cloud IoT Platform service is provided to you in accordance with the product usage manual pre-determined by Alibaba Cloud (the“IoT Platform Manual”) and you shall abide by the terms and specifications of the IoT Platform Manual in connection with your use of IoT Platform.Alibaba Cloud shall not be responsible for any loss, damages, interruption, suspension, or any other problems that arise out of your use of Alibaba Cloud IoT Platform that is not in accordance with the terms of IoT Platform Manual.You shall fully indemnify Alibaba Cloud and its affiliates from and against any and all losses, costs, damages, claims or proceedings Alibaba Cloud and its affiliates may suffer or become subject to in connection with any breach of your aforesaid obligations.
4.39 Alibaba Cloud Edge Security Acceleration(“ESA”)
a) Your use of Alibaba Cloud ESA shall be measured by your actual traffic incurred upon service activation.Please refer to the Alibaba Cloud Platform for specific details and updates of effective fees and payment schemes.
b) You shall ensure that you have sufficient balance in your account in order for the ESA service to be continued.
c) If you intend to subscribe for Alibaba Cloud ESA resources based in the People’s Republic of China (the“PRC”), then you shall be solely responsible for arranging to completing any and all relevant registrations with the Ministry of Information Technology of the People’s Republic of China as required by the laws of PRC. Otherwise, Alibaba Cloud reserves the right to decline to provide or cease your use or subscription of the Alibaba Cloud ESA services anytime as deemed appropriate without any liability to you.You shall check your status of registration before using or subscribing for Alibaba Cloud ESA services for resources in the PRC.
d) Your use of the Alibaba Cloud ESA shall be subjected to the product specifications, limitation, and descriptions in the relevant product description page (the “ESA Descriptive Terms”) on the Alibaba Cloud Platform.In the event of any inconsistency between these Product Terms and the ESA Descriptive Terms, these Product Terms shall prevail.
e) You acknowledge and agree that your use of Alibaba Cloud ESA is subject to the traffic limitations preset by Alibaba Cloud. If your traffic exceeds Alibaba Cloud’s limit, Alibaba Cloud reserves that right to limit or suspend your use of Alibaba Cloud ESA services.
4.40 Alibaba Cloud Website Threat Inspector
a) Your use of Alibaba Cloud Website Threat Inspector (“WTI”) may entitle you to discover your website assets and assess the weakness of these websites, as well as other threats, such as website defacement, malware and backdoor. Alibaba Cloud does not warrant that the WTI will discover, detect, capture, or quarantine all assets, weakness or threats on your websites.
b) YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF WTI MAY RESULT IN REMOVAL OF FILES OR DATA THAT YOU STORE IN OUR SERVERS, EVEN IF NOT INTENTIONALLY MARKED FOR DELETION OR DESTRUCTION BY YOU.YOU SHALL AT ALL TIMES MAKE THE APPROPRIATE REDUNDANCY OR BACKUP MEASURES FOR ANY AND ALL DATA AND INFORMATION YOU STORED IN OUR SERVERS.
c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA CLOUD DISCLAIMS ANY LIABILITIES, LOSSES OR DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH YOUR USE OF AVDS UNLESS OTHERWISE PROVIDED BY THESE TERMS AND THE TERMS AND CONDITIONS OF THE ADDITIONAL AGREEMENTS.
4.41 Alibaba Cloud Security Center
a) Your use of Alibaba Cloud Security Center (“Security Center”) may entitle you to certain virus or malware detection and removal services in respect of known viruses or malware. Alibaba Cloud does not warrant that the Alibaba Cloud Security Center will detect, capture, quarantine, address or remove all viruses, threats or malware in your files or data.
b) YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ALIBABA CLOUD SECURITY CENTER MAY RESULT IN REMOVAL OF FILES OR DATA THAT YOU STORE IN OUR SERVERS, EVEN IF NOT INTENTIONALLY MARKED FOR DELETION OR DESTRUCTION BY YOU. YOU SHALL AT ALL TIMES MAKE THE APPROPRIATE REDUNDANCY OR BACKUP MEASURES FOR ANY AND ALL DATA AND INFORMATION YOU STORED IN OUR SERVERS.
c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA CLOUD DISCLAIMS ANY LIABILITIES, LOSSES OR DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH YOUR USE OF ALIBABA CLOUD SECURITY CENTER UNLESS OTHERWISE PROVIDED BY THESE TERMS AND THE TERMS AND CONDITIONS OF THE ADDITIONAL AGREEMENTS.
d) Some features of Alibaba Cloud Security Center may record a log of your I.P. addresses when you login to your user account. Alibaba Cloud Security Center may but does not undertake to notify you in the event of any irregular or abnormal log-in behavior (e.g. logging in from I.P. addresses in different locations in a very short period of time) with your account. You consent to our recording and logging of your I.P. address by using the Alibaba Cloud Security Center.
4.42 Alibaba Cloud Blockchain as a Service (BaaS)
a) Alibaba Cloud Blockchain as a Service (BaaS) is a prepaid service. If you wish to continue to use BaaS after your current service term, you shall renew the order prior to the expiration of the service term to avoid interruption of service. Alibaba Cloud shall have the right, to terminate your service without any liability to you immediately after your service expiration date if you fail to renew your order. After the termination of your services, Alibaba Cloud shall have the right, to release all your instances without any liability to you fifteen (15) days after the date of termination of your services.
b) When you order BaaS - Hyperledger Fabric organization instances and your organization joins certain consortium, you acknowledge and agree that in the event the consortium’s BaaS service is terminated, your organization instances will be impacted (including but not limited to restricted to read-only mode) even though your organization’s BaaS service is still effective. You acknowledge and agree that Alibaba Cloud shall not be responsible for any loss, damages, interruption, suspension, or any other problems that arise out of your organization or the consortium’s BaaS service termination and/or suspension.
c) When you order BaaS - Hyperledger Fabric consortium instances and the consortium has active organizations, you are obliged to renew your order in a timely manner in order to effectively maintain such consortium instances. In the event you fail to renew your order on time, your BaaS service will be terminated and the organizations which join your consortium will be impacted (including but not limited to restricted to read-only mode).You shall fully indemnify Alibaba Cloud and the impacted organization instances purchasers from and against any and all losses, costs, damages, claims or proceedings Alibaba Cloud and/or such organization instances purchasers may suffer or become subject to in connection with any breach of your aforesaid obligations.
4.43 Intelligent Speech Interaction and Other Voice Services
You represent and warrant that you have obtained explicit consent and all necessary rights to the voice data you upload, store or share on the Alibaba Intelligent Speech Interaction (“ISI”) Service and other Alibaba voice services for purposes of using these services. You shall ensure that you comply at all times with any personal data privacy laws and regulations, including but not limited to obtaining end user and/or data subject consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of voice services.
4.44 Alibaba Cloud ChatApp Message Service
a) To the extent that you instruct Alibaba Cloud to send or otherwise transmit any messages, images or videos (together "Messages") when you use the Alibaba Cloud ChatApp Message Service, you acknowledge that Alibaba Cloud is sending or otherwise transmitting such Messages on your behalf pursuant to your instructions, and in addition, you agree and acknowledge that:
i. Alibaba Cloud is a data intermediary acting on behalf of you in respect any collection, use and/or disclosure of any personal data by Alibaba Cloud in connection with such instructions;
ii. you shall be solely responsible, at your own cost and expense, for ensuring compliance with applicable laws (including without limitation applicable personal data protection laws and spam regulations) and any additional compliance requirement in respect of using Alibaba Cloud ChatApp Message Service, including without limitation:
(1) securing all consents necessary for Alibaba Cloud’s sending of such Messages to the recipients and/or otherwise any collection, use, and/or disclosure of the recipients’ personal data (including obtaining the clear and unambiguous consent of subscribers and/or users of telephone numbers to receive such Messages), as may be required under applicable law;
(2) providing an up-to-date information to Alibaba Cloud regarding your name, address and the nature of service and such other information as Alibaba Cloud may request. You must also promptly notify Alibaba Cloud for any change of above information;
(3) complying with any legal or regulatory requirements applicable to the sending of such Messages and the form, content and/or recipients thereof, including without limitation, screening of telephone numbers against applicable do-not-call (or similar) registries, and/or complying with spam control requirements, prior to instructing Alibaba Cloud to send such Messages;
(4) including in the Messages any requisite information required & prescribed under applicable law (e.g. sender identification information or notices) before instructing Alibaba Cloud to send such Messages;
(5) entering into such agreements (including with third parties), and in such form and manner, as Alibaba Cloud may require hereunder from time to time, in connection with the Alibaba Cloud ChatApp Message Service; and
(6) not instructing Alibaba Cloud to send such Messages on your behalf if you have not complied with the any of the provisions under this Section 4.44;
iii. you shall ensure that you are solely identified in such Messages as the sender thereof, and you shall also ensure that the Messages shall not suggest to the recipients that Alibaba Cloud is a sender or joint sender with you of such Messages;
iv. you shall not instruct Alibaba Cloud to send any Messages if the telephone number or address of a recipient is obtained: (1) using any automated means that generates possible telephone numbers or addresses by combining numbers into numerous permutations; and/or (2) through use of software that is specifically designed or marketed for use for (A) searching the Internet for telephone numbers or addresses and (B) collecting, compiling, capturing or otherwise harvesting those telephone numbers or addresses;
v. if to any extent Alibaba Cloud makes available products, services or licenses (including without limitation in respect of telecommunications, cloud services or infrastructure) provided by third party service providers ("Third-Party Products" and "Third-Party Providers") to you in connection with Alibaba Cloud ChatApp Message Service, the fullest extent of Alibaba Cloud’s obligations in connection with Third Party Products is to only facilitate the making available of Third-Party Products by Third-Party Providers as principals in their own right to you on a pass-through basis and "as received" by Alibaba Cloud. You shall be bound by the terms of Third-Party Products as revised from time to time and notified to you (including without limitation any additional compliance or other requirements), and any fees payable in connection therewith shall be borne by you. Alibaba Cloud shall not be considered a provider of Third-Party Products to you, and Alibaba Cloud shall not be responsible for the performance or non-performance of Third-Party Products. Without prejudice to the generality of the foregoing, you further agree and acknowledge that:
(1) Alibaba Cloud shall have the right, in its sole and absolute discretion, to: (A) incorporate Third-Party Products in Alibaba Cloud ChatApp Message Service; and/or (B) interoperate or interface Alibaba Cloud ChatApp Message Service with Third-Party Products;
(2) you shall comply with any “know your customer” and other additional screening measures that any Third-Party Provider and/or Alibaba Cloud may reasonably require, as notified to you from time to time;
(3) upon request by Alibaba Cloud from time to time, you shall enter into separate agreement(s) with any Third-Party Provider and/or Alibaba Cloud in such form and manner as Alibaba Cloud may prescribe;
(4) if to any extent any of your customers ("End User") and/or any third-party is engaged by you or that End User to perform services on your or that End User’s behalf (each an “End User ISV”) in connection with that your or that End User's use of Alibaba Cloud ChatApp Message Service, and such End User ISV directly or indirectly accesses and/or uses any Third-Party Products, you shall on Alibaba Cloud's request promptly notify (in any event within 7 days of the request) Alibaba Cloud of the registered name, address and nature of services provided by each End User ISV. You shall also promptly notify Alibaba Cloud if there is change in any of the foregoing information provided to Alibaba Cloud;
(5) you shall ensure and procure that each End User and End User ISV respectively be bound by the terms of Third-Party Products and/or Alibaba Cloud as revised from time to time and notified to you (including without limitation any additional compliance or other requirements);
(6) unless you have obtained Alibaba Cloud’s express written consent (which may be subject to such terms and conditions as Alibaba Cloud may in its sole and absolute discretion impose therewith), you shall not (and you shall not permit any End User, End User ISV, and/or any other third party to): (A) disclose to any third party any certificate required to access any Third-Party Product; (B) distribute, sell, resell, rent, integrate with, access and/or use the Alibaba Cloud ChatApp Message Service and/or any Third-Party Product (including any messages therein); (C) share, transfer, and/or distribute data obtained from using the Alibaba Cloud ChatApp Message Service and/or any Third-Party Product (including any messages therein); and/or (D) use the names, trademarks and/or other intellectual property of Alibaba Cloud and/or any Third-Party Provider; and
(7) as Alibaba Cloud may direct from time to time, you shall (and you shall ensure and procure your End User and/or any End User ISV), cease any marketing and/or reselling of the Alibaba Cloud ChatApp Message Services and/or any Third-Party Products, to the extent such activities are being engaged in, and remove any unauthorized materials related to any such marketing and resale;
vi. upon request by Alibaba Cloud, you shall furnish to Alibaba Cloud complete & accurate documentary evidence of your compliance with sub-paragraphs (i) to (v) above, including without limitation copies documented consents as applicable; and
vii. you shall notify Alibaba Cloud immediately if you suspect or become aware that you are in breach of any of the provisions under this Section 4.44.
b) Without limiting the generality of any of the foregoing, you agree and acknowledge that, to the maximum extent permissible under applicable laws:
i. if, in connection with the Alibaba Cloud ChatApp Message Service, you instruct Alibaba Cloud to send or otherwise transmit any Messages to (and/or interact with): (A) user(s) on the WhatsApp or Viber network (each a "3P Messaging Network"); and/or (B) messaging or other APIs on the WhatsApp network or Viber network ("Network APIs"):
(1) you authorize Alibaba Cloud to process data to, through and/or from the relevant 3P Messaging Network, Network APIs, and any features respectively available thereon (collectively the "3P Network & Features") according to your instructions;
(2) 3P Network & Features are Third-Party Product(s) provided by (and are the sole responsibility of) the relevant Third-Party Provider(s), and Section 4.44(a)(v) above shall apply accordingly. Without limiting the generality of the foregoing, you further agree and acknowledge that Alibaba Cloud does not own, control, or operate the 3P Network & Features, and that they are subject to availability and location serviceability from time to time, as well as any additional terms and conditions as Alibaba Cloud and/or the relevant Third-Party Provider(s) may specify to you from time to time;
(3) Alibaba Cloud expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from, any 3P Network & Features, any security measures, security features and/or measures of any 3P Network & Features, including without limitation any warranties of merchantability, satisfactory quality (including without limitation as to latency and/or throughput), fitness for a particular purpose, and/or compliance with description. Alibaba Cloud does not represent or warrant that: (i) any 3P Network & Features will meet your requirements; (ii) any 3P Network & Features will always be available, accessible, function or interoperate with any network infrastructure, system or such other services as Alibaba Cloud may offer from time to time; and/or (iii) Alibaba Cloud’s use of any 3P Network & Features to transmit Messages according to your instructions will be uninterrupted, timely, secure or free of any malware or error;
(4) availability of the 3P Network & Features shall be at your sole risk. To any extent that any Third-Party Provider blocks, suspends or terminates Alibaba Cloud's use and/or access to 3P Network & Features or sets any limits thereto (e.g. restrictions as to the number of Messages that may be transmitted through the 3P Network & Features), Alibaba Cloud shall have no obligation to provide any service(s) or otherwise perform any obligation that: (A) requires access to the affected 3P Network & Features (in the case of blocking, suspension or termination); or (B) requires use of 3P Network & Features exceeding the relevant limits (in the case of limits set), and Alibaba Cloud shall have no liability to you in connection with any such blocking, suspension, termination or limits. For the avoidance of doubt, the relevant Third-Party Provider may refuse or delay the transmission of Messages, and Alibaba Cloud shall have no liability to you in connection with any such refusal or delay;
(5) you shall at all times promptly provide Alibaba Cloud with any information (including without limitation messaging, processing, transactional or other information) that Alibaba Cloud or any Third-Party Provider of 3P Network & Features requires for the purposes of Alibaba Cloud making available the Alibaba Cloud ChatApp Message Service in connection with such 3P Network & Features, facilitating any transmission of Message, meeting any request from the relevant Third-Party Provider of 3P Network & Features, addressing or investigating any feedback complaints, claims, disputes or fraudulent activities, or for such other purposes relating or relevant thereto or as may be expressly notified to you by Alibaba Cloud from time to time, and you further agree that such information may be disclosed to the relevant Third-Party Provider(s) for any such purposes. You agree that all information provided by you to Alibaba Cloud in connection with Alibaba Cloud ChatApp Message Service shall comply with all formats, specifications, protocols and requirements as informed by Alibaba Cloud from time to time;
(6) for the avoidance of doubt, Alibaba Cloud shall have the sole and absolute discretion to, from time to time, blacklist or refuse to transmit Messages to specific recipients without providing any reason therefor;
(7) you shall not breach any provision of the WhatsApp T&Cs (as defined below) and/or Viber T&Cs (as defined below). In addition, you shall neither do nor omit to do anything that will cause Alibaba Cloud to be in breach of any provision of the WhatsApp T&Cs and/or Viber T&Cs. To the extent that, under the WhatsApp T&Cs and/or Viber T&Cs, Alibaba Cloud is required to ensure or procure your acceptance of certain provision(s) of the WhatsApp T&Cs and/or Viber T&Cs (as the case may be), you hereby confirm that you agree to and accept such provision(s) of the WhatsApp T&Cs and/or Viber T&Cs (as the case may be) as binding on you;
(8) without prejudice to the generality of Alibaba Cloud’s rights under applicable law or other applicable agreements, and for the avoidance of doubt, insofar as contemplated or provided for under the WhatsApp T&Cs and/or Viber T&Cs: (A) Alibaba Cloud may disclose information relating to your Messages to the relevant Third-Party Provider; and (B) the relevant Third-Party Provider may collect, use, and/or disclose information relating to your Messages; and
(9) you shall not knowingly use the Alibaba Cloud ChatApp Message Service in connection any 3P Network & Features for any illegal purposes, or in any manner which contravenes applicable laws and codes, regulatory requirements of the appropriate jurisdiction or WhatsApp T&Cs and/or Viber T&Cs;
ii. in relation to the WhatsApp network:
(1) for the purposes of Section 4.44(b)(i)(2) above, Meta Platforms, Inc. and/or Meta Platforms Ireland Limited (and/or their respective affiliates) are Third-Party Providers of the WhatsApp Network & Features (defined below); and
(2) you shall not instruct Alibaba Cloud to send any Messages (and/or interact with the WhatsApp network) in any manner contrary to what is contemplated as permissible for you (if applicable to you) and/or permissible for Alibaba Cloud (if applicable to Alibaba Cloud, in Alibaba Cloud using or interacting with the WhatsApp Business Solution and/or other 3P Network & Features relating to WhatsApp (“WhatsApp Network & Features”) on your behalf) under any of the following provisions (collectively “WhatsApp T&Cs”): (A) the Meta Terms for WhatsApp Business (accessible at https://www.whatsapp.com/legal/meta-terms-whatsapp-business as may be amended from time to time); (B) the WhatsApp Business Solution Terms (accessible at https://www.whatsapp.com/legal/business-solution-terms/ as may be amended from time to time); and (C) WhatsApp Business Terms for Service Providers (accessible at https://www.whatsapp.com/legal/business-terms-for-service-providers/, including any terms and conditions stated respectively therein as incorporated by reference or otherwise stated respectively therein as applicable (e.g. "WhatsApp Business Terms of Service", technical and product documentation and any other related documentation, and "WhatsApp Business Policy"), each as may be amended from time to time; and
iii. in relation to the Viber network:
(1) for the purposes of Section 4.44(b)(i)(2) above, Viber Media S.à.r.l (and/or its affiliates) are Third-Party Providers of the Viber Network & Features (defined below);
(2) you shall not instruct Alibaba Cloud to send any Messages (and/or interact with the Viber network) in any manner contrary to what is contemplated as permissible for you (if applicable to you) and/or permissible for Alibaba Cloud (if applicable to Alibaba Cloud, in Alibaba Cloud using or interacting with Viber Business Solution and/or other 3P Network & Features relating to Viber ("Viber Network & Features") on your behalf) under any of the terms and conditions and/or policies which apply to any user or entity using the Viber Network & Features and available at viber.com as may be amended from time to time (collectively "Viber T&Cs"). Viber T&Cs shall be deemed to include also any terms and conditions stated respectively therein as incorporated by reference or otherwise stated respectively therein as applicable (e.g. technical and product documentation and any other related documentation), each as may be amended from time to time. For the avoidance of doubt, Viber Network & Features shall be deemed to include without limitation: (A) the platform developed by Viber Media S.à.r.l (and/or its affiliates) that consists of a VoIP system, messaging service, groups and other means of interaction which can be installed on a mobile, tablet and desktop devices (“Viber App”); and (B) any chatbot operating in connection with the Viber network which allows engagement with users of the Viber App ("Viber Bot");
(3) you shall only instruct Alibaba Cloud to transmit Messages to recipients that: (A) have consented to receive such Messages; and (B) have affirmatively opted-in to receive the Messages, and in any event only where such transmission will comply with applicable laws, for example where necessary the clear and unambiguous consents of subscribers and/or users of telephone numbers to receive such Messages have been obtained. You shall preserve data of such clear and unambiguous consent of the subscribers/users and shall present such data to the relevant Third-Party Provider of the Viber Network & Features and/or Alibaba Cloud (as the case may be) upon reasonably request by such Third-Party Provider and/or Alibaba Cloud. You shall only use any data received from end users of the Viber Network & Features according to your stated policies and in any event in full compliance with applicable privacy laws;
(4) you shall not instruct Alibaba Cloud to transmit unsolicited traffic or Messages that are classified as unsolicited messages and/or spam under applicable rules and regulations. You shall ensure that any visual, textual data or other material (“Content”) in the Messages that you instruct Alibaba Cloud to transmit do not, and such instructions to Alibaba Cloud will not cause Alibaba Cloud to, violate any applicable laws or regulations, and you shall further ensure that such Messages do not include any of the following: (A) Content which infringes or violates any rights, including any intellectual property rights of a third party; (B) Content which is or may considered to be abusive, discriminating, harassing (including without limitation harassment or discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, and mental disability, medical condition including genetic characteristics, marital status, sex, age, sexual orientation, veteran status, or any other characteristics protected by law); (C) Content that contains or transmits viruses, worms, defects, Trojan horses, or any malicious code; and/or (D) Content that falsely expresses or implies that such Content is sponsored or endorsed by Viber Media S.à.r.l (and/or its affiliates) and/or Alibaba Cloud;
(5) without prejudice to any of the foregoing, if you discover that you have instructed Alibaba Cloud to transmit unsolicited traffic: (A) you shall immediately (in any event within 24 hours of your discovery) notify Alibaba Cloud; (B) Alibaba Cloud may disclose to the relevant Third Party Provider of the Viber Network & Features any and all information in connection with the relevant Message (for example timestamp, content, destination number, message IDs, and originator); and (C) for the avoidance of doubt, Alibaba Cloud may immediately terminate your use and/or access to the Alibaba Cloud ChatApp Message Service (whether in connection with the Viber Network & Features or otherwise); and
(6) without derogating from any other remedy provided to Alibaba Cloud under these Product Terms and/or by law, you specifically agree to the following liquidated damages: upon the occurrence of each Spam Event (as hereafter defined), you shall, upon Alibaba Cloud’s request, pay Alibaba Cloud a non-refundable amount, in the amount of EUR 5,000, at Alibaba Cloud's sole and discretion, as liquidated damages. For the purpose of this provision, a “Spam Event” occurs when you instruct Alibaba Cloud to send a Message to an end-user of the Viber App that did not opt-in to receive any such Message and/or when the content of any such Message is prohibited as per these Product Terms, as per the Viber T&Cs, and/or as per applicable laws.
c) You agree and acknowledge that Alibaba Cloud shall have the right (in its sole and absolute discretion) to immediately suspend or terminate the Alibaba Cloud ChatApp Message Service at any time, effective upon notice to you, and you shall immediately upon such notice cease all use and/or access of the Alibaba Cloud ChatApp Message Service. In addition, without limiting any other remedy that Alibaba Cloud may have, you agree to fully defend, indemnify and hold harmless Alibaba Cloud and its affiliates from and against any claim, action, demand or complaint, as well as liabilities, judgments, penalties, compounds, losses, damages, costs and expenses (including without limitation reasonable attorney’s fees and costs incurred by Alibaba Cloud and its affiliates therefrom) that any or all of Alibaba Cloud and/or its affiliates may suffer in connection with:
(i) any breach of any of the provisions under this Section 4.44;
(ii) and any failure to comply with any data protection or privacy laws in any relevant jurisdiction; and/or
(iii) any of the acts, omissions, or obligations of each End User and/or End User ISV,
whether arising on account of your actions, your employees, representatives, agents, your End User, any End User ISV or otherwise howsoever.
d) For the purposes of the Product Terms, “Confidential information” means all non-public information (including any such information or agreements referred herein), disclosed by Alibaba Cloud to you in connection with the Product Terms, where such information is marked or identified as confidential or proprietary or would be reasonably deemed confidential or proprietary given the circumstances of its disclosure, excluding information: (i) independently developed by or for you; (ii) lawfully received by you free of any obligation to keep it confidential; (iii) generally available to the public other than by breach of the Product Terms; or (iv) known to you prior to Alibaba Cloud's disclosure of same. You agree and acknowledge that you shall exercise at least the same degree of care to protect Confidential Information as you use to protect your own most highly confidential information, but in any event no less than reasonable care. You shall not disclose Confidential Information to any person or entity, save to your officers, employees, consultants strictly to the extent necessary for you to perform the terms of the Product Terms, each of whom you shall ensure shall be bound by written confidentiality obligations at least as protective as those set forth under this provision. Notwithstanding any of the foregoing, Alibaba Cloud shall have the right, in its sole and absolute discretion, but subject to its confidentiality obligations at law (e.g. written non-disclosure agreement(s) between Alibaba Cloud and you), to disclose any information relating to you to any third party.
4.45 Alibaba Cloud Phone Number Verification Service and Alibaba Cloud Cell Phone Number Service
You understand and acknowledge that Alibaba Cloud Phone Number Verification Service and Alibaba Cloud Cell Phone Number Service involve multiple transfer of your Member Content and relevant data, depending on where you/recipient locates, and the frequently routing locations are indicated in the following table:
Alibaba Cloud Phone Number Verification Service | Alibaba Cloud Cell Phone Number Service |
Mainly From/Via: Netherlands Mainly To: Indonesia, Hong Kong (China), Malaysia, Philippines, Brazil, India, Thailand, Singapore, Vietnam, South Korea | Mainly From/Via: Singapore Mainly To: Indonesia, Singapore, Vietnam, Germany |
4.46 Alibaba Cloud VMware Service
a) Alibaba Cloud VMware Service (“ACVS”) is a prepaid service. If you fail to renew your subscription when your subscription of the ACVS instance(s) expires, Alibaba Cloud shall have the right to suspend your access to the ACVS instance(s) without any liability to you. In this case, Alibaba Cloud will retain your ACVS instance(s) and your data for another 7 days. After this 7-day period, if the payment for renewal has not been made, Alibaba Cloud shall have the right to terminate your use of the ACVS and release your ACVS instance(s) without any liability to you.
b) You can create virtual machine(s) in your ACVS instance(s) and deploy workloads on the virtual machine(s). You shall be solely responsible for your creation, deletion or any other activities related to your management of the virtual machine(s), as well as the workloads running on your virtual machine(s).
c) You shall be solely responsible for the security of all data retained in your ACVS instance(s). Though Alibaba Cloud may provide you with backup services or tools, it is your sole responsibility to take appropriate measures to backup copies of data in your ACVS instance(s).
4.47 Alibaba Cloud Blockchain Node Service
a) This Section 4.47 applies to you when you purchase Alibaba Cloud Blockchain Node Service (in this Section 4.47, the “Services”) on the Alibaba Cloud Platform. By accessing or using the Services, you agree to follow and be bound by the terms hereunder.
b) Alibaba Cloud may, at its option and in its sole discretion: suspend, restrict, or terminate your access to any or all of the Services and/or deactivate or cancel your account, if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with any Prohibited Uses (as defined below); (iii) your use of the Services is subject to any pending litigation, investigation, or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners (e.g., any Vendor, as defined below) are unable to support your use thereof; (v) you take any action that we deem in our sole discretion as circumventing our controls, or abusing promotions which we may offer from time to time; or (vi) you breach the terms herein.
c) You shall not use the Services to engage in the following categories of acts (in this Section 4.47, "Prohibited Uses"). The Prohibited Uses listed below are representative, but not exhaustive, and Alibaba Cloud reserves the right to update or amend such list in its sole discretion at any time, with or without notice to you. By using the Services or creating an account, you agree that you will not use the Services to do or undertake any of the following, as determined by Alibaba Cloud in its sole discretion:
i. Abusive acts, including acts which: (i) conduct, facilitate, authorize, or permit any text or data mining or web scraping, (ii) impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information, including, but not limited to, use of transaction hashes and “raw transactions”; (iii) transmit or upload any material to the Services that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; (iv) attempt to gain unauthorized access to the Services, other accounts not belonging to you, computer systems or networks connected to the Services, through password mining or any other means; (v) use the email and password combination of any third party to access or use the Services without effective and specific authorization; or (vi) transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Alibaba Cloud.
ii. Data scraping, including fetching and extracting data and content from the Services.
iii. Unlawful acts, including acts which would violate, or assist in the violation of, any law, statute, ordinance or regulation, sanctions programs administered in any of the regions where Alibaba Cloud conducts businesses.
iv. Abusing other users, including (i) interfering with another user’s access to or use of the Services; (ii) defaming, abusing, extorting, harassing, stalking, threatening, or otherwise violating or infringing the legal or other rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others; or (iii) harvesting or otherwise collecting information from the Services about others, including, without limitation, email addresses, without proper consent.
v. Fraudulent acts which operate to defraud Alibaba Cloud, any user(s) or any other person, or provide any false, inaccurate, or misleading information to Alibaba Cloud.
d) You understand and acknowledge that:
i. Unless otherwise indicated in writing by Alibaba Cloud, the Services and all content and other materials contained therein, and all designs, text, graphics, trademarks, pictures, information, data, software, sound files, and/or other files related thereto and/or associated therewith and the selection and arrangement thereof are and shall remain the sole and proprietary property of Alibaba Cloud or the applicable Vendor.
ii. Notwithstanding anything to the contrary in the terms herein, the Services may include software components provided by Alibaba Cloud, a Vendor or a third party that are subject to separate license terms, in which case those license terms will govern the usage of such software components.
iii. You are granted a limited, non-exclusive, non-transferable, worldwide right to use the Services, for their intended purpose as described on Alibaba Cloud Platform, solely for your own internal business purposes subject to the terms herein. Except for the foregoing, no right, title or interest shall be transferred to you. Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any of the content on our Services, except as follows: (i) your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your device for display enhancement purposes, or (iii) if we provide any so-called “social media” features as part of the Services, you may take such actions as are enabled by such features and are consistent with the terms herein. You must not: (i) make or modify copies of any content from the Services; (ii) use any software, illustrations, photographs, video, or audio sequences or any graphics available through the Services separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials available through the Services; or (iv) modify, enhance, remove, interfere with, or otherwise alter in any way any portion the Services, their underlying technology, any digital rights management mechanism, device, or other protection or access control measure incorporated into the Services, any graphical user interface, any advertising or advertising features, copyright notices, or trademarks. You also may not create, recreate, distribute, or advertise an index of any significant portion of the content posted on the Services unless authorized by us. You may not seek to develop, build, or otherwise promote a business, product, or service utilizing the Services, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Services, for profit or otherwise, unless it is expressly permitted by Alibaba Cloud in writing.
iv. You acknowledge and agree that faultless and uninterrupted Services cannot always be guaranteed. In particular, the nature of blockchain systems and virtual assets means that technological difficulties (including those caused by external factors and third parties) may prevent or interrupt access to certain Services or prevent or delay transactions from occurring. In the event of errors or interruptions, we will generally attempt to restore our normal operations as soon as possible.
v. Alibaba Cloud makes no warranty that: (i) the Services will meet your requirements; (ii) the Services will be available on an uninterrupted, timely, secure, or error-free basis; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; or (iv) the quality of any content purchased or obtained by you on or though the Services will meet your expectations. You accept the inherent security risks of providing information and dealing online and will not hold Alibaba Cloud or any of its Vendor responsible for any breach of security unless it is due to our gross negligence.
vi. You represent and warrant to us that (i) you have obtained and shall obtain all necessary rights and consents to provide Alibaba Cloud with all data, information or material you provide in the course of accessing or using the Services (in this Section 4.47, the “Customer Data”) including, with respect to any personal information contained therein, the express consent from any applicable individuals to disclose and transfer such information to us for the purposes contemplated herein, and (ii) that the Customer Data do not and shall not infringe, misappropriate, or otherwise violate the rights of any third party including, without limitation, intellectual property rights.
e) The terms of this Section 4.47 are intended for the benefit of Alibaba Cloud and each of its suppliers and/or partners, including without limitation, Web3 Technologies Inc. (in this Section 4.47, the “Vendor”). You acknowledge and agree that each such Vendor shall be entitled to rely upon and enforce these terms, to the same extent that Alibaba Cloud is entitled to do so.
4.48 Alibaba Cloud Model Studio
Alibaba Cloud may from time to time in its sole and absolute discretion make available the Model Studio services to you, relating to services for developing generative artificial intelligence ("AI") models and applications, as described at Alibaba Cloud website (https://www.alibabacloud.com/) or via such other means as Alibaba Cloud may determine from time to time ("Model Studio").
By purchasing and/or using Model Studio, you agree and acknowledge as follows:
a) you shall only do so in accordance with: (i) these Product Terms; (ii) the technical and other documentation for Model Studio as made available on the Alibaba Cloud International Website from time to time; (iii) applicable laws, including in each jurisdiction in which you purchase and/or use Model Studio; (iv) third party rights (including without limitation contractual and intellectual property rights); and (v) any additional terms and conditions as Alibaba Cloud may specify to you;
b) you represent and warrant that you have all necessary rights, licences, and consents (including without limitation in relation to any intellectual property and data protection requirements) to use Model Studio for your purposes and in the manner and for the purposes described or contemplated in these Product Terms;
c) you further agree and acknowledge that (and shall procure that your end-users agree and acknowledge that), notwithstanding anything under these Product Terms, Alibaba Cloud does not (and shall not be considered to): (1) direct, induce, authorise, procure or assist in; (2) have any common intention or share any common design with you and/or your end-user(s) in respect of; (3) instigate you and/or your end-user(s), or engage in any conspiracy with you and/or the your end-user(s) in order to the doing of, or intentionally aid, or abet; and/or (4) agree with or consent to you and/or your end-user(s) performing of, any act and/or omission prohibited under these Product Terms and/or applicable law;
d) any processing of personal data submitted through Model Studio by Alibaba Cloud is for your purposes and on your behalf and you remain responsible for complying with applicable data protection requirements in relation to such personal data. Without limiting the generality of the foregoing, you warrant, represent and undertake (at your sole cost and expense) that:
(i) you have obtained all necessary rights and consents in relation to the data, information or other material you upload, provide, store or share via Model Studio: (1) for the purposes of using these services, including without limitation as may be described or contemplated herein; and (2) including without limitation express consent from any applicable individuals to disclose and transfer such data, information, or other material to Alibaba Cloud for the purposes described or contemplated herein; and
(ii) you shall provide all necessary notices to, and obtain any necessary consents from relevant third parties (including individuals) for the collection, use, processing, disclosure, and storage of the data (including by us and our affiliates).
e) any and all information, data, files, databases, text, images, videos, sounds, models, weights, and/or other material you upload or otherwise transmit to any Model Studio shall be deemed to be "Member Content" as defined in the Alibaba Cloud Membership Agreement ("Membership Agreement") and you shall abide by the terms applicable to such Member Content therein. Save where expressly provided under these Product Terms and the Membership Agreement (such as in respect of Member Content), you shall not acquire any Intellectual Property Rights of Alibaba Cloud in connection with Model Studio nor in relation to any transactional or other data arising in connection with Model Studio;
f) any and all Intellectual Property Rights (as defined in the Membership Agreement) owned by or licenced to Alibaba Cloud which are or have been developed, conceived, originated, created, or generated independently of these Product Terms (or prior to your purchase or use of Model Studio), whether prior to the effective date of these Product Terms or otherwise ("Alibaba Base IPR"), are and shall remain the sole and proprietary property of Alibaba Cloud or the relevant third-party licensor(s) (as the case may be), including without limitation any and all Intellectual Property Rights in relation to Model Studio and any information, data, files, databases, text, images, videos, sounds, models, weights, and/or other material related thereto and/or associated therewith and the selection and arrangement thereof;
g) Member Content shall not include any Alibaba Base IPR. Subject to your ownership of Member Content as provided under the Membership Agreement, Alibaba Cloud shall own all Intellectual Property Rights in and to the end products created via your use of Model Studio (including without limitation any trained or upgraded models, outputs, analytics results, visualisations, information, data, files, databases, text, images, graphics, videos, and/or sounds, as well as any other generated materials) (collectively "Generated Content");
h) insofar as Alibaba Cloud owns or has a license to (as the case may be) the Intellectual Property Rights in and to Alibaba Base IPR and Generated Content and subject always to your full and timely compliance with these Product Terms, Alibaba Cloud grants you a limited, non-exclusive, non-transferable right to use the Alibaba Base IPR and/or Generated Content (as the case may be), for their intended purpose as described on the Alibaba Cloud Platform and solely for your own internal business purposes subject to the terms herein;
i) you hereby grant (and/or shall procure the grant to) Alibaba Cloud and its affiliates a non-exclusive, worldwide, irrevocable, perpetual, assignable, royalty-free, and fully paid-up licence to reproduce, communicate, distribute, transmit, and otherwise make available to any person the Member Content, for the purposes of facilitating your use of Model Studio and its generated content and other output(s) for their intended purposes as described or contemplated herein and/or on the Alibaba Cloud Platform;
j) you hereby authorise and consent (and/or shall procure authorisations and consents) to Alibaba Cloud: (1) using and storing Generated Content and Member Content to develop and improve Model Studio and its underlying technologies, including without limitation the machine-learning and artificial-intelligence technologies of Alibaba Cloud and its affiliates; and (2) storing Generated Content and Member Content outside of the jurisdiction where you purchase or use Model Studio;
k) Alibaba Cloud may collect performance and usage metrics and data regarding your access and/or use of Model Studio, including without limitation model version(s), inference(s), upload times, as well as processing, diagnostic and other data. Alibaba Cloud may use such metrics and data to improve the quality and other aspects of Model Studio;
l) you shall not: (i) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials available through Model Studio; (ii) modify, enhance, remove, interfere with, or otherwise alter in any way the technology underlying Model Studio, any digital rights management mechanism, device, or other protection or access control measure incorporated into Model Studio, any graphical user interface, any advertising or advertising features, copyright notices, or trademarks; and/or (iii) create, recreate, distribute, or advertise an index of any significant portion of the content posted on Model Studio unless expressly authorised by us;
m) in addition, certain aspects of Model Studio may include data, models, or software components provided by Alibaba Cloud or a third party that are subject to separate license terms, in which case those license terms will also govern the usage of such data, models, or software components;
n) Model Studio may be subject to availability and location serviceability from time to time (including without limitation network, traffic, storage, and/or other limitations as Alibaba Cloud may impose from time to time);
o) Alibaba Cloud may, at its option and in its sole and absolute discretion: suspend, restrict, or terminate your use and/or access to any or all of Model Studio (and/or remove any content stored on Alibaba Cloud's systems associated with your use of Model Studio) if: (i) required under applicable law; (ii) your use of Model Studio is subject to any pending litigation, investigation, or government proceeding and/or Alibaba Cloud, in its sole and absolute discretion, perceives a heightened risk of legal or regulatory non-compliance associated with your activity; (iii) any of Alibaba Cloud's service providers are unable to support your use thereof; (iv) you take any action that Alibaba Cloud deems in its sole and absolute discretion as circumventing controls, or abusing promotions which Alibaba Cloud may offer from time to time; and/or (v) you breach any provision under these Product Terms (or Alibaba Cloud in its sole and absolute discretion determines that you are likely to do so);
p) regardless whether Alibaba Cloud may from time to time in its sole and absolute discretion make available backup services or tools, it is your sole responsibility to take appropriate measures to backup copies of data that you require. Your use of Model Studio may result in data provided to or stored by Alibaba Cloud being removed or rendered inaccessible from time to time, even if not marked for deletion or destruction by you. You shall at all times implement the appropriate redundancy or backup measures for any and all data and information you store in such servers;
q) due to the inherent nature of AI processing and machine learning algorithms, Generated Content (as defined below) may: (i) contain inappropriate or unintended elements; (ii) not be unique across customers; and (iii) may be identical or similar across customers. You shall be solely responsible for: (i) selecting and/or obtaining suitable data, models and/or algorithms as appropriate for your use of Model Studio; and (ii) any data modelling and/or training carried out using Model Studio (including without limitation setting of suitable parameters);
r) all information, data or other material provided on or through Model Studio: (i) shall not constitute (nor be treated as), nor be a substitute for, any professional, medical, legal, reliable, or accurate advice or information; (ii) shall not be used as a basis for making any professional, medical, legal, business, or financial decisions; and (iii) are not intended for use in, or in association with, any regulated uses, including without limitation in any dangerous environments or in relation to any critical systems that may lead to serious bodily injury or death or cause environmental, property, or other damage. The output provided by Model Studio is not determinative of the existence or absence of statistical bias, or a comprehensive answer for how a model generates predictions, and should be independently evaluated as appropriate for your use case;
s) to the maximum extent permitted by applicable law:
(i) Alibaba Cloud expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to the access to or use of Model Studio, Alibaba Base IPR, Base Content, Generated Content, or any aspect thereof, any related functionality, or any security measures, including without limitation any warranties of accuracy, completeness, suitability, appropriateness, currency, reliability, unbiasedness, consistency, interoperability, merchantability, satisfactory quality, fitness for a particular purpose, compliance with description or any requirements, specifications, parameters or criteria, compliance with third party rights, compliance with laws (including without limitation data protection or export laws) in any jurisdiction, and/or freedom from any malicious, erroneous, manipulated, inappropriate, poisoned, or harmful code or data.
(ii) Alibaba Cloud disclaims any liabilities, losses or damages that you may suffer in connection with your use of Model Studio;
(iii) you shall bear all responsibility, liability and risk in relation to your use of Model Studio, including without limitation any Generated Content and any of your products or services which incorporate or rely on any aspect of Model Studio; and
(iv) you irrevocably undertake to indemnify and hold Alibaba Cloud and its affiliates harmless from and againstall liabilities, losses, damages, costs and expenses arising in connection with your breach of these Model Studio terms; and
t) you shall be bound by all electronic communications, messages, documents and records generated by Alibaba Cloud's systems in respect of your use of Model Studio, which shall all be deemed to be valid, accurate and authentic, and final, conclusive and binding on you regardless whether such systems are situated in or outside of Singapore.
4.49 Alibaba Mail Service
By purchasing, accessing, and/or using Alibaba Mail Service, requesting Alibaba Cloud to provide Alibaba Mail Service, and/or choosing to activate any functionality provided therein, you agree and acknowledge as follows:
a) For the Alibaba Mail Service, you shall only use a domain that you legally hold and is approved by Alibaba Cloud, and you shall carry out all configurations as required by Alibaba Cloud (including as may be notified to you via the Alibaba Mail Service). Alibaba Cloud shall have the right to suspend or terminate the Alibaba Mail Service in the event that you alter the configurations of the domain in a manner which is no longer in compliance with any of Alibaba Cloud’s requirements.
b) You represent and warrant that you have the unencumbered legal right to use the domain you choose to associate with the Alibaba Mail Service, and that you can legally hold and manage the domain with Alibaba Mail Service during the service period. If the domain cannot be used by you and/or with the Alibaba Mail Service for any reason, you may not be able to use the Alibaba Mail Service, and Alibaba Cloud shall not be responsible for your inability to use the Alibaba Mail Service.
c) You agree and acknowledge that there may be restrictions in functionality and specifications of the Alibaba Mail Service. We may from time to time exercise reasonable endeavours to make available to you industry-standard management and technical functionalities that you may activate to enhance the security and availability of the Alibaba Mail Service. However, limited by the current level of technological development, you agree and acknowledge that no measures can guarantee absolute security.
d) You shall be solely responsible to ensure that: (i) the passwords you set are sufficiently complex; (ii) you regularly conduct network security drills (such as anti-phishing drills); (iii) you regularly back up data; (iv) you enable security functions provided by Alibaba Cloud as appropriate to your requirements; (v) you pay regular and timely attention to notices and prompts from Alibaba Cloud from time to time; and (vi) you implement all necessary security measures such as upgrading versions, changing passwords, enabling security protection functions in time to prevent cybersecurity incidents.
e) You shall be solely responsible for ensuring the integrity and confidentiality of tokens and passwords you choose to use in the Alibaba Mail Service. Any losses or consequences resulting from improper maintenance or failure to secure any such tokens or passwords shall be at your sole risk.
f) You must pay all sums due from you for your use of the Alibaba Mail Service before the end of the purchased service period. You may request for a renewal of your service period according to such processes (and subject to such terms and conditions) as we may specify in connection therewith, failing which the Alibaba Mail Service will terminate at the end of the service period and Alibaba Cloud shall have the right close your account without further reference to you whatsoever. Without prejudice to the generality of the foregoing, if your service period is not renewed within 10 days after account closure, we shall have the right in our sole and absolute discretion to delete all data in your account, and you agree and acknowledge that such data deletion may be irreversible and at your sole risk.
4.50 Alibaba Cloud Captcha Service
a) By using Alibaba Cloud Captcha Service, you agree that Alibaba Cloud may collect and analyze your end user’s behavior data (including but not limited to end user’s clicks, movements, keyboard strokes, browser-related data in relation to their use of your website or application, etc.) within your products and services (such as website, application, etc.) where you have enabled the Alibaba Cloud Captcha Service,for the purposes of providing you with the functionalities of Alibaba Cloud Captcha Service, including facilitating you to distinguish between human users and non-human users.You shall be solely responsible, at your own cost and expense, for complying with all applicable laws (including without limitation applicable personal data protection laws) in your use of Alibaba Cloud Captcha Service, and you further represent and warrant to Alibaba Cloud that you have provided any necessary privacy notices to your end users of your products and services that use Alibaba Cloud Captcha Service, and have obtained any necessary consents for processing the above end user data.
b) You rely on any results of the Alibaba Cloud Captcha Service at your own risk. Alibaba Cloud Captcha Service is only a convenience tool and the results thereof are only intended as informational references for you to make your own independent assessment in distinguishing between human users and non-human users.
c) It is your sole responsibility to determine the compatibility between the Alibaba Cloud Captcha Service and the system of your products or services. Alibaba Cloud makes no warranty as to inter-operability between Alibaba Cloud Captcha Service and any other systems, products, and/or services.
4.51. Database Expert Services
a) Database Expert Services ("Services") are database advisory and consulting services provided by Alibaba Cloud under a statement of work (“SOW”) or Services Addendum between you and Alibaba Cloud.
b) You agree and acknowledge that Alibaba Cloud does not provide legal or compliance advice. You are responsible for making your own assessment of whether your use of the Services meets applicable legal and regulatory requirements.
c) Any materials or information that you own or license from a third party and provide to Alibaba Cloud under the Services are Your Content. If you choose to provide access to Your Content to Alibaba Cloud, then you will ensure that you have adequate rights and permissions to do so.
d) If there is a conflict between this Section 4.51. and any SOW or Services Addendum between you and Alibaba Cloud, the terms of the SOW or Services Addendum shall prevail.
5. General Provisions
5.1 These Product Terms and the Terms (as defined in the Alibaba Cloud Membership Agreement) constitute the entire agreement between you and Alibaba Cloud with respect to and governs the use of the Alibaba Cloud Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
5.2 You and Alibaba Cloud are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Product Terms.
5.3 If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.
5.4 Unless a right or remedy of you or Alibaba Cloud is expressed to be an exclusive right or remedy, the exercise of it by either party is without prejudice to either party’s other rights and remedies at law and/or in equity.
5.5 You shall do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to the terms of these Product Terms.
5.6 Save for Alibaba Cloud and its affiliates, a person who is not a party to these Product Terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53 B) (Rev Ed 2002) to enforce any term of these Product Terms.
5.7 Unless otherwise provided in the terms and conditions of the relevant Alibaba Cloud Services, under no circumstances shall Alibaba Cloud be held liable for any delay or failure or disruption of the content or services delivered through the Alibaba Cloud Platform (including the Alibaba Cloud Services) resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, epidemics, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
5.8 This Agreement shall be governed by the laws of Singapore without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Singapore.
Singapore Addendum to Alibaba Cloud Product Terms
These terms are applicable to users contracting with Alibaba Cloud (Singapore) Private Limited for Alibaba Cloud ECS, Alibaba Cloud VPC, Server Load Balancer, CDN Products (the “Designated Products”) only; they do not apply to users contracting with Alibaba Cloud US LLC, Alibaba.com (Europe) Limited, Alibaba (Netherlands) B.V., Alibaba Cloud (India) LLP, or Alibaba Cloud (Malaysia) Sdn. Bhd.
In addition to the Product Terms above, the following additional terms are applicable only in respect of the Designated Products to any customer: (a) who purchases and/or uses the Designated Products;and (b) who is contracting with Alibaba Cloud (Singapore) Private Limited for such Designated Products. Notwithstanding anything else in these Product Terms, if there is any conflict or inconsistency between the following additional terms and any terms in the Product Terms, the following additional terms shall prevail only to the extent of the conflict or inconsistency.For the avoidance of doubt, the following additional terms are not applicable to all other Products which are not Designated Products.The general terms and conditions in the Product Terms shall apply to such other Products.
1. In relation to Designated Products only, Alibaba Cloud will provide reasonable advance notice before any suspension or termination of any Designated Products (or any features or functions within such Designated Products) referenced in Section 3.3 of these Product Terms or in Section 2.3 of the Alibaba Cloud International Website Terms of Use.
2. The fees for Designated Products shall be specified on the Alibaba Cloud Platform (the specific URL for such fees of which may be updated from time to time).In relation to the Designated Products only, changes to fees and charges for Designated Products referenced in Section 6.3 of the Alibaba Cloud Membership Agreement will take effect upon reasonable advance notice provided to you in a manner at the sole discretion of Alibaba Cloud.
3. In relation to complaints or disputes regarding our fees for the Designated Products:
a. in the event of a dispute, you shall not be required to pay any reasonably disputed amounts pending the resolution of the dispute, provided that you inform us of any disputed charge prior to the date on which the payment becomes due;
b. where you pay a bill and subsequently choose to contest the bill, you will have 1 year (starting from the date of the bill) to do so; and
c. we will conduct a complete and objective review of your complaint, and will provide a written response, within 30 days of receiving notification that you are contesting a charge.
4. Notwithstanding Section 5.8 of these Product Terms, if you and Alibaba Cloud are unable to resolve any dispute relating to the Designated Products, the parties may (a) refer the matter to the Small Claims Tribunal, if the matter is within that body’s jurisdiction; (b) jointly submit the dispute to arbitration; or (c) submit the dispute to any court of competent jurisdiction.
5. In relation to the Designated Products only, in respect of the matters referenced in Section 6.2 of the Alibaba Cloud Membership Agreement and notwithstanding any terms applicable to any termination or suspension of the Designated Services in the Alibaba Cloud Payment and Tax Terms, without prejudice to its rights and remedies at law or equity, Alibaba Cloud may suspend or terminate the Designated Products registered with your Account on the Alibaba Cloud Platform, or limit or restrict your rights to your Account, by giving written notice (of any proposed termination or suspension of the Designated Products under the Alibaba Cloud Membership Agreement, the basis for such action and the means by which you can avoid such termination or suspension) of not less than 30 days if, in the sole opinion of Alibaba Cloud, you or your End Users (as defined in the Alibaba Cloud Membership Agreement) have engaged in any of the following:
i. breached any of the Terms and such breach is incapable of being remedied;
ii. breached any of the Terms and where such breach is capable of being remedied, failed to remedy such breach within 30 days of receiving written notice of such breach from Alibaba Cloud;
iii. used the Designated Products in a way that poses a security risk to the Alibaba Cloud Platform or any third party;
iv. used the Designated Products in a way that subjects, or will subject, Alibaba Cloud or its affiliates to liability; or
v. become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceedings.
6. Notwithstanding anything in the Alibaba Cloud Membership Agreement (including the Alibaba Cloud Payment and Tax Terms), Alibaba Cloud and/or any of its affiliates shall have the right to not offer any of the Designated Products to you on a prepaid payment basis.
7. In respect of any business subscriber of the Designated Products which registers for an Account (as defined in the Membership Agreement):
a) you consent to the collection, use and disclosure of Subscriber Information (as hereinafter defined) by Alibaba Cloud and its affiliates for the purposes set forth in the Privacy Policy, in to the matters set forth in Sections A, B and C thereof, and notwithstanding that any such Subscriber Information may not constitute personal data.You may withdraw your consent to our collection, use and disclosure of your Subscriber Information via the procedures outlined in Section H of the Privacy Policy;
b) you consent to your Subscriber Information being collected, used and disclosed by any third party in connection with any assignment, novation, sale or acquisition of any business, assets or shareholdings of Alibaba Cloud as well as for the purposes of developing and marketing any goods or services; and
c) for the purposes of this addendum, Subscriber Information shall mean all information that we obtain as a result of your use of the Designated Products or as comprised within any Information as defined in the Privacy Policy.
Europe (outside EEA) Addendum to Alibaba Cloud Product Terms of Service
Terms applicable to users contracting with Alibaba.com (Europe) Limited only; they do not apply to users contracting with Alibaba Cloud (Singapore) Private Limited, Alibaba Cloud US LLC, Alibaba (Netherlands) B.V., Alibaba Cloud (India) LLP, or Alibaba Cloud (Malaysia) Sdn. Bhd.
In addition to, or in place of, the relevant terms of the Product Terms of Service above, the following additional terms (the “Addendum”) are applicable in respect of any customer: (a) who purchases and/or uses any products or services offered or made available through the Alibaba Cloud Platform; and (b) who is contracting with Alibaba.com (Europe) Limited for such products or services.The Addendum forms part of the Product Terms of Service above and any definitions used in the Product Terms of Service shall have the same meaning in this Addendum.Notwithstanding anything else in the Product Terms of Service, if there is any conflict or inconsistency between this Addendum and any terms in the Product Terms of Service, this Addendum shall prevail only to the extent of the conflict or inconsistency.
1. For the purposes of Section 2.1, the applicable Alibaba Cloud contracting entity is Alibaba.com (Europe) Limited, a company registered in England with company number 06721521 and with its registered office at 8th floor, Millbank Tower, 21-24 Millbank, London SW1P 4QP, United Kingdom. Any reference to Alibaba Cloud in these Product Terms shall be a reference to Alibaba.com (Europe) Limited.For the purposes of these Product Terms, notices for Alibaba Cloud shall be sent to the address set out in this Addendum.
2. Nothing in these Product Terms shall be construed as excluding or limiting the liability of you or Alibaba Cloud or any of our respective officers, employees and agents for any liability which cannot be limited or excluded by law.
3. The reference in Section 5.6 of these Product Terms to the Contracts (Rights of Third Parties) Act (Cap. 53 B) (Rev Ed 2002) shall be replaced by the English Contracts (Rights of Third Parties) Act 1999.
4. Section 5.8 shall be replaced by the following: These Product Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.Each party to these Product Terms irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Product Terms or their subject matter or formation (including non-contractual disputes or claims).
Australia Addendum to Alibaba Cloud Product Terms of Service
Terms applicable to users located in Australia and contracting with Alibaba Cloud (Singapore) Private Limited only; they do not apply to users contracting with Alibaba Cloud US LLC, Alibaba.com (Europe) Limited, Alibaba (Netherlands) B.V., Alibaba Cloud (India) LLP, or Alibaba Cloud (Malaysia) Sdn. Bhd., or to users located outside of Australia contracting with Alibaba Cloud (Singapore) Private Limited.
In addition to, or in place of, the relevant terms of the Product Terms of Service above, the following additional terms (the “Addendum”) are applicable in respect of any customer: (a) who purchases and/or uses any products or services offered or made available through the Alibaba Cloud Platform from Australia; and (b) who is contracting with Alibaba Cloud (Singapore) Private Limited for such products or services. The Addendum forms part of the Product Terms of Service above and any definitions used in the Product Terms of Service shall have the same meaning in this Addendum.Notwithstanding anything else in the Product Terms of Service, if there is any conflict or inconsistency between this Addendum and any terms in the Product Terms of Service, this Addendum shall prevail only to the extent of the conflict or inconsistency.
1. Nothing in these Product Terms shall be construed as excluding or limiting the liability of you or Alibaba Cloud or any of our respective officers, employees and agents for any liability which cannot be limited or excluded by law including under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
2. Where this agreement is deemed a small business contract for the purposes of the unfair contract terms under the Australian Consumer Law, Section 5.8 shall be replaced by the following: These Product Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales and Australia.Each party to these Product Terms agrees that the courts of New South Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Product Terms or their subject matter or formation (including non-contractual disputes or claims).