AnalyticDB for PostgreSQL Service Agreement

Alibaba Cloud Product and Service Agreement - General Terms

The Alibaba Cloud Product and Service Agreement is a valid contract between you and Alibaba Cloud Computing Co., Ltd. ("Alibaba Cloud") for the services that Alibaba Cloud provides. This Alibaba Cloud Product and Service Agreement may be referred to as "this Service Agreement," "Service Agreement," or "this Agreement."

Before accepting this Agreement, read all of its content carefully. If you have questions about any terms, contact the relevant Alibaba Cloud business department or call our customer service. Alibaba Cloud will provide explanations. If you cannot understand the explanations or disagree with any part of this Service Agreement, do not proceed. By clicking to confirm on a web page, making an actual purchase, using the products and/or services provided by Alibaba Cloud, or printing and stamping this document, you indicate that you have read and fully understood this Agreement. You have reached a consensus with Alibaba Cloud to order the corresponding products and/or services. You also agree to accept and be bound by all the terms of this Service Agreement.

When you order products and/or services from Alibaba Cloud, you must comply with this Agreement. You must also comply with the dedicated terms of service ("Dedicated Terms"), product rules, and billing rules for the products and/or services you order. The Dedicated Terms are a valid part of this Agreement and have the same effect. If there is a conflict between this Agreement and the Dedicated Terms, the Dedicated Terms for each product and/or service will apply.

Regarding this Agreement, pay special attention to the clauses on limitations, disclaimers, the identification and handling of violations or breaches, and the choice of jurisdiction. These clauses may be highlighted in bold and/or underlined to draw your attention.

Main Text

1. Product and/or Service Content

1.1 In this Service Agreement, "products and/or services" refers to the products and/or services displayed on the www.aliyun.com website (the Alibaba Cloud official website) and the related technical and network support services. The specific service content is based on what you order.

2. Product and/or Service Prices and Fees

2.1 Alibaba Cloud will list service prices on the relevant pages of the www.aliyun.com website. Alibaba Cloud will also provide the fees payable for the services you order based on your selected product and/or service specifications. You must pay the fees according to the price system on the www.aliyun.com website at the time of your order.

2.2 You can add funds to your Alibaba Cloud account through Alipay, online banking, or bank transfer before ordering specific products and/or services. You must maintain a sufficient Alibaba Cloud account balance to ensure continuous service. The payment methods and other related rules are based on the content displayed on the Alibaba Cloud official website.

2.3 Depending on the type of product and/or service you order, you must pay the service fees within the time limit shown on the Alibaba Cloud official website. Before you pay all fees as agreed, Alibaba Cloud has the right to not provide the corresponding products and/or services (including technical support). Alibaba Cloud also has the right to terminate the corresponding products and/or services (including technical support). Alibaba Cloud has the right to charge a late payment penalty of 0.05% of the overdue amount per day. Alibaba Cloud may request this penalty at any time after your payment becomes overdue.

2.3.1. Prepaid products and/or services:

2.3.1.1 If you purchase products and/or services sold on a monthly subscription or as a resource plan, Alibaba Cloud will provide the service after you have paid the full service fee.

2.3.1.2 You must complete the payment promptly after submitting the order. If payment is not completed in time, the order may become invalid: (1) If an order is not paid for more than 7 days after it is placed, it will automatically become invalid. (2) If the product and/or service runs out of inventory during the unpaid period, the order will automatically become invalid. Once an order becomes invalid, all agreements or actions between you and Alibaba Cloud regarding the product and/or service content and price specified in the order become void.

2.3.1.3 If you plan to continue using the ordered product and/or service after its service period expires, pay the renewal fee at least 7 days before the service period ends to ensure the service continues.

2.3.2. Pay-as-you-go products and/or services:

If you purchase products and/or services sold on a pay-as-you-go basis, you can activate and use the service first. Alibaba Cloud will automatically calculate the actual usage of the previous billing epoch (such as hour, day, or month) based on the product type and deduct the corresponding service fee from your Alibaba Cloud account balance. The specific deduction rules and billable items are based on the content published on the Alibaba Cloud official website at that time.

2.4 Alibaba Cloud may periodically or from time to time launch promotional activities or policies (collectively, "Promotional Activities"). Examples include the following: offering certain service content, extending service periods, providing direct discounts, issuing free vouchers for one-time orders of a certain duration or service volume, Double 11 product specials/discounts, and referral code discounts. You understand and confirm that:

2.4.1 Such Promotional Activities are special offers outside of Alibaba Cloud's normal service prices. The promotional content does not include the cost of modifying, updating, or maintaining the gifted service items. Gifted service items cannot be exchanged for cash to offset service fees.

2.4.2. Some Promotional Activities are based on your commitment to a certain service duration or volume. Therefore, if you cancel the corresponding service without a valid reason, Alibaba Cloud has the right to revert to the original price for billing, charge a penalty or a cancellation/refund service fee, void promotions, or require you to cover the cost of used free vouchers. The specific handling method is based on what is stated on the official website page or in the corresponding order.

2.4.3 Unless otherwise explicitly stated for the product and/or service you ordered, or unless you and Alibaba Cloud have another clear written agreement, multiple promotions cannot be used at the same time.

2.4.4 You have a confidentiality obligation regarding the Promotional Activities or policies you enjoy for the services you ordered. If it is discovered that you have failed to comply with this confidentiality obligation, Alibaba Cloud has the right to cancel such promotions and decide whether to suspend or terminate the service.

2.5 You understand and acknowledge that Alibaba Cloud may provide you with free services or services within a certain free quota through methods such as invitational previews and public previews. During the free period or within the free quota, you do not need to pay service fees. Alibaba Cloud does not rule out the possibility of charging fees in the future. At that time, Alibaba Cloud will announce the charging policy and specifications 10 calendar days in advance by posting an announcement on an appropriate section of the website or sending an internal message. If you continue to use the corresponding service, you must pay according to the then-effective charging policy.

3. Rights and Obligations

3.1. Your Rights and Obligations

3.1.1 Before using the service, read and follow the service descriptions, technical specifications, usage procedures, and operation documents displayed on the Alibaba Cloud official website. Understand the content and potential consequences. During service use, operate according to the relevant guidelines. You are solely responsible for any consequences that result from your violation of these guidelines. Alibaba Cloud assumes no responsibility. If you use Alibaba Cloud's open API to order products and/or services, you also promise to regularly review the content and updates on the Alibaba Cloud official website before purchasing a specific service to ensure you understand their meaning.

3.1.2 You must submit to Alibaba Cloud the list of contacts and personnel who will execute this Service Agreement and manage various services on your network and cloud platform, along with their contact information. If there are any changes to these personnel, you must update the information online yourself. You are solely responsible for any consequences arising from inaccurate, incomplete, or untrue information provided by you, or from the actions or inactions of these personnel.

3.1.3 You must retain access logs for your website in accordance with laws and regulations such as the "Measures for the Administration of Internet Information Services." This includes the content of published information, publication times, IP addresses, and domain names. You must cooperate by providing this information when lawfully requested by relevant state authorities. You are solely responsible for all consequences and liabilities arising from your failure to retain these records as required.

3.1.4 You are responsible for the integrity and confidentiality of your data stored on the Alibaba Cloud platform. You are also responsible for the security tokens and passwords used to access and manage products and services on the platform. You are solely responsible for all losses and consequences caused by your failure to properly maintain or keep confidential such data, security tokens, and passwords.

3.1.5 If the activities you conduct using the products and/or services provided by Alibaba Cloud require a license or approval from relevant state authorities, you must obtain such license or approval promptly. This includes but is not limited to:

(1) If you operate multiple websites, you must ensure that all of them have obtained the necessary licenses or approvals from the relevant state authorities.

(2) If your website provides non-commercial Internet Information Services, you must complete a non-commercial website ICP filing. You must ensure that all submitted filing information is true and valid. You must promptly submit updates in the filing system when the information changes.

(3) If your website provides commercial Internet Information Services, you must also obtain a commercial website license from the local communications administration department.

(4) If you operate an online game website, you must obtain a Network Culture Business License in accordance with the law.

(5) If you operate an online audio or video website, you must obtain an Information Network Transmission of Audio-Visual Programs License in accordance with the law.

(6) If you engage in Internet information services such as news, publishing, education, healthcare, medicine, and medical devices, which require the review and approval of relevant authorities according to laws, administrative regulations, and state provisions, you must obtain such approval before applying for a business license or completing filing procedures.

You understand and acknowledge that the list above does not exhaust all types of activities that require a license or approval from state authorities for commercial or non-commercial purposes. When engaging in corresponding activities, you must comply with the requirements of relevant national and local laws and regulations as they are issued from time to time.

3.1.6. You further promise not to engage in the following behaviors:

3.1.6.1 You will not use the products and/or services provided by Alibaba Cloud to distribute unsolicited or unwelcome emails, electronic advertisements, or emails containing harmful information such as reactionary or pornographic content.

3.1.6.2 You will not use the services provided by Alibaba Cloud as a virtual server, an illegal proxy server, or a mail server.

3.1.6.3 You will not use the products and/or services provided by Alibaba Cloud to engage in commercial activities such as Anti-DDoS or DNS protection.

3.1.6.4 You will not engage in any behavior that harms the legitimate rights and interests of Alibaba Cloud and/or its affiliates (including but not limited to various enterprises under the Alibaba Group, such as Taobao and Alimama; and affiliated companies of the Alibaba Group, such as Alipay). Such harmful behaviors include but are not limited to: violating any service agreement/terms, management rules, or transaction rules published by these companies; or disrupting or attempting to disrupt the fair trading environment or normal transaction order of Alibaba companies.

3.1.6.5 You will not use the resources and services provided by Alibaba Cloud to upload, download, store, or publish the following information or content. You will not provide any convenience for others to publish such information (including but not limited to setting up URLs, banner links, etc.):

(1) Political propaganda and/or news information that violates state regulations.

(2) Information involving state secrets and/or security.

(3) Feudal superstition and/or obscene, pornographic, or indecent information, or information that incites crime.

(4) Illegal Internet publishing activities such as prize-based betting, gambling games, "private servers," or "game plug-ins."

(5) Information that violates national ethnic and religious policies.

(6) Information that obstructs the safe operation of the Internet.

(7) Information that infringes on the legitimate rights and interests of others, and/or other information or content that is detrimental to social order, public security, or public morals.

(8) Other content that violates laws, regulations, departmental rules, or national policies.

3.1.6.6 You will not excessively occupy, nor use any program or process that may cause an abnormal and excessive occupation of, the resources of the Alibaba Cloud cloud computing platform (such as servers, network bandwidth, and storage space). This includes actions that place a heavy load on the Alibaba Cloud platform or the network and servers of other Alibaba Cloud users (including local, remote, and international networks and servers). This also includes actions that affect the smooth connection between Alibaba Cloud and the Internet, specific networks, or servers, or within Alibaba Cloud itself. Actions that cause a breakdown or crash of the Alibaba Cloud platform service or other users' servers, or make users' products/applications based on the cloud platform inaccessible, are also prohibited.

3.1.6.7 You will not engage in any behavior that undermines or attempts to undermine network security. This includes but is not limited to phishing, hacking, online fraud, or websites or spaces containing or suspected of spreading viruses, trojans, or malicious code. It also includes using a virtual server to conduct suspected attacks on other websites or servers, such as scans, sniffing attacks, ARP spoofing, or DDoS attacks.

3.1.6.8 You must not install or use pirated software on Alibaba Cloud services or platforms. You understand and agree that Alibaba Cloud has the right to refuse the deployment of application systems using pirated software on its services or platforms. You are fully responsible for the consequences of your own actions (such as software you install and operations you perform). If a legitimate copyright holder of software you installed files an infringement complaint, accusation, or other claim against Alibaba Cloud, you must take all reasonable measures to hold Alibaba Cloud harmless. This includes but is not limited to clarifying the situation, providing proof of legitimate software use, and taking other measures sufficient to cause the copyright holder to withdraw their claim.

3.1.6.9. Unless explicitly permitted in writing by Alibaba Cloud, you must not modify, translate, adapt, rent, sublicense, distribute over information networks, or transfer the software provided by Alibaba Cloud. You must not reverse engineer, decompile, or otherwise attempt to discover the source code of the software provided by Alibaba Cloud. You will also not perform any action that changes or attempts to change the system configuration provided by Alibaba Cloud or undermines system security.

3.1.7 You understand and agree that the state secrets of the People's Republic of China are protected by law. You have an obligation to protect the state secrets of the People's Republic of China. Your use of Alibaba Cloud services must comply with the requirements of relevant confidentiality laws and regulations and must not endanger the security of the state secrets of the People's Republic of China.

3.1.8 If Alibaba Cloud's services involve the licensed use of third-party software, you agree to be bound by the relevant license agreements.

3.1.9 If a third-party organization or individual raises a question or complaint against you, Alibaba Cloud will notify you promptly. You are responsible for providing an explanation and supporting evidence within the specified time. If you fail to provide counter-evidence or fail to respond by the deadline, Alibaba Cloud will take measures including but not limited to immediately deleting the questioned/complained information, or suspending or terminating the service.

3.1.10 You are responsible for your own data backups and for completing the corresponding operations. Alibaba Cloud is not responsible for any data backup work you perform or its results.

3.2. Alibaba Cloud's Rights and Obligations

3.2.1 Alibaba Cloud is obligated to provide you with services in accordance with this Service Agreement and the content displayed for the products and/or services on the Alibaba Cloud official website.

3.2.2 You understand and acknowledge that due to technical limitations, Alibaba Cloud cannot guarantee that the services it provides are flawless (for example, Alibaba Cloud's overall security protection or security products cannot guarantee the absolute security of your hardware or software). However, Alibaba Cloud commits to continuously improving service quality and service levels to provide you with better services. Accordingly, you agree that if the services provided by Alibaba Cloud have defects that are unavoidable with the industry's technical level at the time, they will not be considered a breach by Alibaba Cloud. You agree to cooperate with Alibaba Cloud to resolve such defects.

3.2.3 Alibaba Cloud is responsible for the operation and maintenance of the underlying infrastructure below the operating system and the software provided by Alibaba Cloud. This includes the technical architecture and operating systems for products such as Elastic Compute Service (ECS) and ApsaraDB RDS (RDS). You are responsible for everything above the operating system, such as applications you install. Additionally, upgrading the operating system yourself may cause adverse effects such as a breakdown. You should assess the risks and proceed with caution at your own responsibility.

3.2.4 Alibaba Cloud may configure tools with daily data backup functions for the services provided. However, these tools are not a necessary part of the services provided by Alibaba Cloud. Alibaba Cloud is not responsible for your ability or inability to use these backup tools. You are responsible for your own data backups and for completing the corresponding operations.

3.2.5 You understand and acknowledge that Alibaba Cloud may impose limits on your use of the service, such as the method, scope, and functionality, based on the category, attributes, and specifications of the product and/or service you ordered. You must carefully read the dedicated terms, usage documents, and other related instructions for the products and/or services you order. You must understand and comply with these limits. You further agree that if your usage exceeds the specifications of the service you purchased, Alibaba Cloud has the right, at its own discretion, to limit or suspend your related services.

3.2.6 You understand and acknowledge that Alibaba Cloud will provide you with security protection based on certain services (such as "Server Guard") and management and monitoring related functions and services (such as "CloudMonitor"). Although Alibaba Cloud has thoroughly tested these services, it cannot guarantee that they are fully compatible with all hardware and software systems, nor can it guarantee the complete accuracy of its software and services. If incompatibility or software faults occur, you should immediately disable or stop using the related functions and contact Alibaba Cloud promptly for technical support.

3.2.7 During the service period, Alibaba Cloud will provide you with the following after-sales service:

3.2.7.1 Alibaba Cloud will provide 7×24 telephone consultation services and online ticket consultation services to answer your questions during use.

3.2.7.2 Alibaba Cloud will provide you with fault support services. You should report faults through online tickets. Alibaba Cloud will promptly provide support for faults not caused by your manual operations, except for those caused by your human error and/or force majeure, and other matters outside of Alibaba Cloud's control.

3.2.8 You understand and acknowledge that Alibaba Cloud may migrate the underlying physical devices where your products and/or services are located to a different data center when necessary. Alibaba Cloud will notify you 7 calendar days before such an operation. Because this operation may require modifying the DNS of your relevant domain names or making other configuration adjustments, you must modify the DNS to the IP address specified by Alibaba Cloud or make the corresponding configuration adjustments within the time required by Alibaba Cloud after receiving the notification. Otherwise, you are solely responsible if your website becomes inaccessible or your products and/or services cannot be used normally.

3.2.9 Without disclosing your confidential information, Alibaba Cloud may use your use of Alibaba Cloud services as a use case or success story for its own and/or business promotion and marketing during the term of this Service Agreement. In such promotions, Alibaba Cloud has the right to use your name and corporate identity. Other than this, Alibaba Cloud will not use your company name, corporate identity, related logos, etc., without your written permission.

3.2.10 If the content of this Service Agreement changes, Alibaba Cloud will notify you of the modifications by posting an announcement on an appropriate section of the Alibaba Cloud official website 30 days in advance. If you do not agree with the changes made by Alibaba Cloud, you have the right to stop using Alibaba Cloud's services. In this case, you should notify Alibaba Cloud to terminate the service and be responsible for migrating your business data. Alibaba Cloud will promptly settle the service fees with you (if any). If you continue to use Alibaba Cloud services, you are deemed to have accepted the relevant changes made by Alibaba Cloud.

3.2.11 Some Alibaba Cloud services may have an account authorization management feature, which lets you grant all or part of your operational permissions for a service to one or more authorized accounts that you designate. In such cases, all actions performed by any authorized account will be deemed as actions performed by you through your own account. You understand and agree that your use of the user and authorization management feature is the result of your own independent and prudent judgment. You will bear full responsibility for all actions performed by such authorized accounts and any resulting consequences, and you will be responsible for the corresponding service fees.

3.2.12. If you violate any of the agreements described in Section 3.1, Alibaba Cloud has the right to take appropriate measures, including but not limited to suspending or terminating services and deleting harmful information or programs.

4. User Data and User Account Information

4.1. User Data

4.1.1. Alibaba Cloud understands and acknowledges that the data you process, store, upload, download, distribute, or otherwise handle through the services provided by Alibaba Cloud (online data), and the data backed up using backup tools that Alibaba Cloud may configure (offline data), are all your user data. You have complete ownership of your user data.

4.1.2. You are responsible for the source and content of the data you store on the Alibaba Cloud platform. Alibaba Cloud advises you to carefully assess the legality of the data source and content. You are solely responsible for all consequences and liabilities arising from the data and content you upload and store that violate laws, regulations, departmental rules, or national policies.

4.1.3. With respect to user data, Alibaba Cloud will not use or disclose it without authorization, except to fulfill your service requests. However, the following situations are exceptions:

4.1.3.1. When a relevant state authority lawfully queries or requests access to data, Alibaba Cloud is obligated to cooperate and disclose the data to third parties or administrative and judicial bodies as required by relevant laws, regulations, or policy documents.

4.1.3.2 You and Alibaba Cloud agree otherwise.

4.1.4. You can delete, change, or perform other operations on your online data yourself. If you release a service or delete online data, Alibaba Cloud will immediately delete your online data in real-time. The corresponding offline data (if any) will be stored and deleted according to the backup rules you set (or Alibaba Cloud's default rules if none are set). You should perform data deletion and modification operations with caution.

4.1.5. When the service period expires, the service is terminated early (including but not limited to early termination by mutual agreement or for other reasons), or you have an overdue payment, Alibaba Cloud will continue to store your user data (if any) only for a certain grace period. The grace period is specified in the dedicated terms, product documents, or service descriptions applicable to the product and/or service you ordered. After the grace period, Alibaba Cloud will delete your data and will no longer retain it.

4.1.6. Once online or offline data is deleted, it cannot be recovered. After both online and offline data are deleted, all your data on Alibaba Cloud will be purged. You are solely responsible for the consequences and liabilities arising from the deletion of your data.

4.2. User Account Information

4.2.1 Your user account information includes: (1) information you fill in or submit when you log on to your Alibaba Cloud account or order and use Alibaba Cloud services, such as company name, business license information, name, gender, date of birth, ID card number, passport information, phone number, email address, address (including postal code), and payment account; and (2) Alibaba Cloud's records of the service process, including your bills, purchase history, consultation records, trouble tickets, and troubleshooting processes.

4.2.2 Your information is collected to provide you with services and to improve service quality. For this purpose, Alibaba Cloud will only use your information for the following purposes, unless you and Alibaba Cloud agree otherwise, or unless Alibaba Cloud is required to cooperate and disclose your information to third parties or administrative and judicial bodies when lawfully queried or requested by relevant state authorities in accordance with relevant laws, regulations, or policy documents:

4.2.2.1 To provide you with the various services you use, and to maintain and improve these services.

4.2.2.2 In compliance with relevant laws and regulations, to recommend content that may interest you, including but not limited to sending you product and service information.

4.3. You understand and agree that to respond to your help requests promptly, ensure the overall security of the cloud platform, and improve Alibaba Cloud's services, Alibaba Cloud will detect, browse, and record your service usage behavior and the insecure features of your data. User support data does not include your business data or user account information.

5. Intellectual Property

5.1 The intellectual property rights of any materials, technology, technical support, software, or services provided by one party to the other under this agreement belong to the providing party or its legal rights holders. Unless explicitly agreed by the providing party or the legal rights holder, the other party has no right to copy, disseminate, transfer, license, or provide these intellectual achievements to others for use. Otherwise, the other party shall bear the corresponding liability.

5.2 You must ensure that all information provided to Alibaba Cloud, all data uploaded to Alibaba Cloud services, your use of Alibaba Cloud services, and the results produced from using Alibaba Cloud services do not infringe upon the legitimate rights and interests of any third party. If a third party files any complaint, claim, lawsuit, or other type of demand against Alibaba Cloud regarding the information or data you provided, uploaded, or used, or regarding your actions and work results, you understand and confirm that you will immediately step in to resolve the issue. You must also compensate Alibaba Cloud for all direct economic losses incurred, including but not limited to various fees and compensation expenses.

5.3 If a third-party organization or individual questions or complains about the ownership of the intellectual property of Alibaba Cloud's services, you should inform Alibaba Cloud promptly, and Alibaba Cloud will handle it. If a third-party organization or individual questions or complains about the ownership of the intellectual property of the materials related to your use of Alibaba Cloud services, you are responsible for providing relevant intellectual property proof and cooperating with Alibaba Cloud's related handling work.

6. Confidentiality

6.1 Confidential Information under this service agreement refers to trade secrets (including financial secrets), technical secrets, know-how, and/or other information and materials that should be kept confidential, which one party ("Receiving Party") obtains or learns from the other party ("Disclosing Party") or which arise from the performance of this service agreement. This includes but is not limited to product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, research and development, software, hardware, API application data interfaces, technical specifications, designs, special formulas, and special algorithms. This applies regardless of the form or carrier of the information and materials, and whether the Disclosing Party indicates its confidentiality orally, graphically, or in writing at the time of disclosure.

6.2 Both parties shall take appropriate measures to properly store the confidential information provided by the other party, with a degree of care no less than that used to protect their own confidential information. Both parties may only use the confidential information for purposes related to this service agreement.

6.3 Both parties guarantee that confidential information will only be known to the responsible persons and employees engaged in the business on their respective sides, and will strictly limit the access of employees who come into contact with the confidential information to comply with the confidentiality obligations of this clause.

6.4 The above restrictions do not apply to the following situations:

6.4.1 At or before the time of signing this service agreement, the confidential information was already legally owned by the Receiving Party.

6.4.2 When the confidential information was disclosed to the Receiving Party, it was already public or could be obtained from the public domain.

6.4.3 The confidential information was obtained by the Receiving Party from a third party with no obligation of confidentiality or non-disclosure.

6.4.4 Without violating the obligations of this service agreement, the confidential information has become public or can be obtained from the public domain.

6.4.5 The confidential information was independently developed by the Receiving Party or its affiliates or subsidiaries, without benefiting from information obtained from the Disclosing Party or its affiliates or subsidiaries.

6.4.6 The Receiving Party discloses confidential information in response to a request from a court or other legal or administrative authority (through oral questions, inquiries, requests for information or documents, subpoenas, civil or criminal investigations, or other procedures).

6.4.7 The Receiving Party discloses information to administrative departments, industry associations, or other institutions to apply for a business qualification, obtain a certification, or meet national or industry standards/certifications, by submitting materials or providing explanations based on the other party's situation. In such cases, the Receiving Party shall adhere to the principle of minimum disclosure under necessary circumstances and require the institutions that receive the confidential information to maintain it at a standard no lower than that of this service agreement.

6.5 You and Alibaba Cloud should both make the greatest effort to protect the above confidential information from disclosure. Once a leak of the above confidential information is discovered, both parties should cooperate to take all reasonable measures to avoid or mitigate the resulting damages. If this causes losses to the other party, the responsible party shall compensate for the direct economic losses caused.

7. Service Activation, Change, and Termination

7.1 You can activate and use services through your Alibaba Cloud account or via an API.

7.2 For services sold on a monthly subscription or as a resource plan:

7.2.1 The service is activated after you pay. After activation, you can use the service by receiving the logon credentials, keys, and security tokens from Alibaba Cloud. The service period starts from the time of activation (not from the time you receive the logon credentials, keys, and security tokens).

7.2.2 For services sold on a monthly subscription, the service period ends when the subscribed term expires. For services sold as a resource plan, the service period ends when the resource plan's service period expires or when the services in the resource plan are fully used, whichever occurs first.

7.2.3 Before the service period expires, if you cancel the corresponding service without a valid reason, Alibaba Cloud has the right to revert to the original price for billing, charge a penalty, or charge a cancellation/refund service fee. The specific handling method is based on what is stated on the official website page or in the order.

7.2.4 You should use up the service quantity in the resource plan within the service period. If the service period of the resource plan expires, any services you have ordered but not used will be forfeited, and Alibaba Cloud will not provide any alternatives or supplements. Your use of the service will prioritize consuming the ordered resource plan. Unless otherwise stipulated by law or agreed upon by both parties, if all services in the resource plan are used up or the service period expires, and you continue to use this service without ordering a new resource plan, Alibaba Cloud will consider you to be using the pay-as-you-go version of that service (if available). Alibaba Cloud will continue to bill and deduct service fees based on the billing results.

7.3 For services sold on a pay-as-you-go basis: Unless otherwise agreed, or if you have outstanding payments, you can use Alibaba Cloud's services after activating them. You must ensure your account has a sufficient balance to continue using Alibaba Cloud's services.

7.4 You understand and acknowledge that Alibaba Cloud will continuously improve service quality and service levels to enhance the customer experience. To this end, Alibaba Cloud may change the form, specifications, or other aspects of the services provided. Alibaba Cloud will make its best effort to provide prior notification through one or more methods, such as website announcements, internal messages, emails, or text messages.

7.5 The service period will be terminated early if any of the following situations occur:

7.5.1 Both parties agree to terminate early through negotiation.

7.5.2 You seriously violate this Service Agreement (including but not limited to, seriously violating relevant laws and regulations, or seriously violating any commitment under this Agreement). Alibaba Cloud has the right to terminate the service early and delete all your data.

7.5.3 You understand and fully acknowledge that although Alibaba Cloud has established (and will continue to improve with technological development) necessary technical measures to defend against network security threats or behaviors such as computer viruses, network intrusions, and destructive attacks (including but not limited to DDoS) (collectively referred to as "such behaviors"), given the limitations and relative nature of network security technology and the unpredictability of such behaviors, if your website experiences such behaviors and it harms Alibaba Cloud or other Alibaba Cloud networks or servers (including but not limited to local, remote, and international networks and servers), or affects the smooth connection between Alibaba Cloud and the Internet, specific networks, or servers, or within Alibaba Cloud itself, Alibaba Cloud may decide to suspend or terminate the service. If the service is terminated, the service fee will be calculated based on the actual months of service provided (less than a month is calculated by day), and the remaining balance (if any) will be refunded.

7.5.4 You acknowledge and agree that for reasons such as technical upgrades, service system adjustments, or business strategy adjustments, Alibaba Cloud reserves the right to suspend or terminate the provision of some products and/or services (or corresponding functions within a service) to you. Alibaba Cloud will provide 30 days' advance notice by posting an announcement on the Alibaba Cloud official website (www.aliyun.com), sending an internal message, or sending an email notification. At that time, Alibaba Cloud will promptly settle related fees and refund any amount you have paid but not yet consumed.

8. Liability for Breach of Contract

8.1 Any party that breaches this Service Agreement must bear the liability for breach of contract in accordance with the law.

8.2 You understand that, given the special nature of computers and the Internet, the following situations are not considered a breach by Alibaba Cloud, except for force majeure and unforeseen events:

8.2.1 Alibaba Cloud needs to briefly interrupt service for server configuration or maintenance.

8.2.2 A decrease in the speed of your website access, application, or service operation due to congestion on the Internet.

8.3. Alibaba Cloud is not liable for any indirect or punitive damages, including loss of profits you may suffer from using Alibaba Cloud services (even if you have been advised of the possibility of such loss).

8.4 The total liability for breach of contract that Alibaba Cloud bears under this Service Agreement is determined as follows:

8.4.1 If a fault occurs with a monthly subscription or resource plan service, the total compensation for breach of contract will not exceed the total service fees you paid for the service involved in the fault during the service period in which the fault occurred.

8.4.2. For pay-as-you-go services, the total compensation for breach of contract will not exceed the total service fees you have paid for the past 12 calendar months at the time of the fault (if less than 12 months, the amount will be calculated based on the actual period).

9. Limitation and Exclusion of Liability

You understand and agree that during periods when you use services for free, such as during public previews or invitational previews, or within a free quota, Alibaba Cloud will support service availability and reliability. However, Alibaba Cloud makes no commitment to any specific level of service availability or reliability. Alibaba Cloud is also not responsible for any work or results arising from your use or inability to use Alibaba Cloud services.

10. Force Majeure and Unforeseen Events

10.1 If the performance of this Service Agreement becomes impossible, unnecessary, or meaningless due to force majeure or other unforeseen events, the party affected by the force majeure or unforeseen event shall not be held liable.

10.2 Force majeure and unforeseen events refer to objective events that cannot be foreseen, overcome, or avoided and that have a significant impact on one or both parties. This includes but is not limited to natural disasters such as floods, earthquakes, and epidemics, along with social events such as wars, riots, government actions, interruptions of major telecommunication lines, hacking, network congestion, technical adjustments by telecommunication departments, and government regulations.

11. Governing Law and Dispute Resolution

11.1 The formation, execution, interpretation, and resolution of disputes of this Service Agreement are all governed by the laws of the People's Republic of China.

11.2. If a dispute arises during the execution of this service agreement, both parties should promptly resolve it through negotiation. If negotiation fails, either party may file a lawsuit directly with the People's Court of Xihu District, Hangzhou City.

12. Miscellaneous

12.1. The service descriptions, price descriptions, and the order pages you confirm on the relevant pages of the Alibaba Cloud official website (www.aliyun.com), including dedicated terms for specific products, service descriptions, and operation documents, are all integral parts of this service agreement. If there is a conflict between the service descriptions, price descriptions, and order pages on the Alibaba Cloud official website (www.aliyun.com) and this service agreement, the order of precedence is: (1) service descriptions, price descriptions, and other order pages; (2) Dedicated Terms; (3) this service agreement.

12.2. Alibaba Cloud has the right to transfer all or part of the rights and obligations of this service agreement to an Alibaba Cloud affiliate by posting an announcement on the Alibaba Cloud official website (www.aliyun.com), sending an internal message, or sending an email notification 30 days in advance. The affiliate will not substantially reduce the quality of the services you receive. Otherwise, Alibaba Cloud and the affiliate will be jointly and severally liable to you.

12.3 The warranty, confidentiality, intellectual property, governing law, and dispute resolution clauses of this Agreement shall survive the termination of this Service Agreement.

12.4. If there is a separate stamped document between the parties that conflicts with this service agreement confirmed by clicking on the web page, the content of the stamped document will prevail.