Welcome. This Service Trial Agreement ("Agreement") is between you and Alibaba Cloud Computing Co., Ltd. ("Alibaba Cloud") and governs your trial of Alibaba Cloud services.
The keywords preceding each clause are for your convenience only. They do not affect or limit the meaning or interpretation of this Agreement. To protect your rights, you should read the specific terms of each clause carefully.
【Read Carefully】Before you accept this Agreement, you must read it carefully. You must read and fully understand all clauses. Pay close attention to clauses that exclude or limit liability and clauses on governing law and dispute resolution. These clauses are marked in bold and underlined. You should review them with extra care. If you have any questions about the Agreement, contact customer service or the relevant business departments.
【Accepting the Agreement】By reading and clicking to agree to this Agreement, or by accepting it through other means, you confirm that you have fully read, understood, and accepted all of its content. You are entering into a binding agreement with Alibaba Cloud. This Agreement becomes effective on the date you click to confirm on the web page or accept it by other means. If you do not agree to this Agreement or any of its clauses, do not proceed with any action to accept it.
1. Contracting parties and scope of the agreement
This Terms of Service is a service agreement between you and Alibaba Cloud Computing Co., Ltd. that governs your use of the Alibaba Cloud CloudConfig service.
2. Service content
2.1. In this Agreement, "Service" refers to the technical and network support services that are displayed on the Alibaba Cloud website (www.aliyun.com) and clients (collectively, the "Alibaba Cloud Website"), which you apply to try and Alibaba Cloud agrees to provide. For the purposes of this Agreement, the "Service" is the Alibaba Cloud CloudConfig service.
3. Service fees
3.1. You understand and agree that Alibaba Cloud currently provides the Service to you free of charge. You do not need to pay any fees to Alibaba Cloud to enable or use the Service. Alibaba Cloud may charge for the Service in the future. If this occurs, Alibaba Cloud will announce the new fee policy and rules 10 calendar days in advance. The announcement will be posted on an appropriate page of the website or sent to you as an internal message.
3.2. If Alibaba Cloud begins to charge for the Service, you must pay according to the fee policy in effect at that time to continue using the Service. You must also comply with the then-current Terms of Service. If you refuse to pay the service fees after they are introduced, Alibaba Cloud has the right to stop providing the Service to you. Alibaba Cloud also reserves the right to no longer retain your business data.
4. Your rights and obligations
4.1. After you successfully enable the Service, you have the right to request that Alibaba Cloud provide the Service to you in accordance with this Agreement and the service descriptions and technical specifications on the Alibaba Cloud Website.
4.2. Your use of the Alibaba Cloud Service must comply with the Alibaba Cloud *Acceptable Use Policy* and this Agreement, including other instructions for using the service as described in Section 15.
4.3. 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 liable for any loss or consequence that results from your failure to properly maintain or keep your data, security tokens, or passwords confidential.
4.4. You must comply with all applicable laws and regulations, such as the Cybersecurity Law of the People's Republic of China and the Measures for the Administration of Internet Information Services. You must keep access logs for your website. These logs must include the content of published information, its publication time, IP address, and domain name. You must provide these logs to the relevant state authorities for inspection upon legal request. You will bear any legal liability for failing to keep these records as required.
4.5. You are responsible for backing up your data to ensure its security. Although Alibaba Cloud products or services may provide you with data backup features or tools, you are responsible for operating these features or tools to complete your backups.
4.6. You are responsible for the source and content of your user business data. Alibaba Cloud advises you to carefully assess the legality of your data's source and content. You will bear any consequences and liabilities that arise if your user business data violates any laws, regulations, departmental rules, or national policies.
4.7. You understand and agree to maintain the confidentiality of state secrets of the People's Republic of China as required by law. You must not use Alibaba Cloud services in a way that endangers the security of these state secrets.
4.8. You must also carefully read and follow the service descriptions, technical specifications, usage procedures, and operation documents (collectively, "Operation Guides") displayed on the Alibaba Cloud Website. You must perform operations according to the relevant Operation Guides. You will be responsible for any consequences that result from violating these guides. Alibaba Cloud strongly advises you to be aware of the risks and operate with caution.
5. Alibaba Cloud's rights and obligations
5.1. Alibaba Cloud must provide the Service as specified in this Agreement.
5.2. During the service period, Alibaba Cloud will provide you with the following after-sales services:
5.2.1. Alibaba Cloud provides 7×24 telephone and online ticket support to answer your questions about using the Service.
5.2.2. Alibaba Cloud provides fault support. You can report faults by submitting online tickets. Alibaba Cloud will promptly provide support for faults that are not caused by your actions. This support excludes faults caused by your actions, force majeure events, or other matters outside of Alibaba Cloud's control.
5.3. Alibaba Cloud is responsible only for the operation and maintenance of the underlying infrastructure below the operating system and the software provided by Alibaba Cloud. This includes the relevant technical architecture of the Service and the operating system provided by Alibaba Cloud. You are responsible for components above the operating system, such as applications you install on the system. Additionally, upgrading the operating system yourself may cause adverse effects, such as a system breakdown. Be aware of the risks and operate with caution.
5.4. You acknowledge that Alibaba Cloud cannot guarantee that its services are flawless (for example, Alibaba Cloud security products cannot guarantee the absolute security of your hardware or software), but Alibaba Cloud is committed to continuously improving its service quality and service levels. You agree that if the services provided by Alibaba Cloud contain defects, these defects will not be considered a breach of contract by Alibaba Cloud if they are unavoidable based on the current level of technology in the industry. You agree to cooperate with Alibaba Cloud to resolve any such defects.
5.5. Some Alibaba Cloud services may have an account authorization management feature. This feature lets you grant all or part of your operational permissions for a service to one or more authorized accounts that you specify. In this case, all operations performed under any authorized account will be considered actions performed by you through your own account. You will be responsible for these actions and any resulting service fees.
5.6. You understand and acknowledge that Alibaba Cloud provides security protection (such as the Server Guard service) and management and monitoring features (such as Cloud Monitor) for certain services. Although Alibaba Cloud has tested these services in detail, it cannot guarantee that they are fully compatible with all hardware and software systems. It also cannot guarantee the complete accuracy of its software and services. If you encounter incompatibilities or software errors, you must immediately disable or stop using the related features and contact Alibaba Cloud promptly for technical support.
6. User business data
6.1. Alibaba Cloud understands and acknowledges that the data you process, store, upload, download, distribute, or otherwise handle through Alibaba Cloud services is your user business data. You have full ownership of your user business data.
6.2. Alibaba Cloud will not use or disclose your user business data for any purpose other than to fulfill your service requests, except in the following cases:
6.2.1. If relevant state authorities legally query or access user business data, Alibaba Cloud is obligated to cooperate and disclose the data to third parties or administrative or judicial bodies as required by relevant laws, regulations, or policy documents.
6.2.2. If you and Alibaba Cloud agree otherwise in a separate negotiation.
6.3. You can delete, modify, or perform other operations on your user business data. If you release the Service or delete data, Alibaba Cloud will delete your data according to your instructions and will not retain it. You should perform data deletion and modification operations with caution.
6.4. If your service period expires, the service is terminated early, or you have an overdue payment, Alibaba Cloud will store your user business data for a limited buffer period, unless otherwise required by law, competent authorities, or a separate agreement. The duration of this buffer period is specified in the terms, product documents, and service descriptions for the service you ordered. After the buffer period expires, Alibaba Cloud will delete all your user business data, including all cached or backup replicas.
6.5. Once user business data is deleted, it cannot be recovered. You are responsible for any consequences and liabilities that arise from the deletion of your data. You understand and agree that Alibaba Cloud has no obligation to retain, export, or return your user business data.
6.6. As agreed between you and Alibaba Cloud, Alibaba Cloud will store your user business data in the data center that you select. Alibaba Cloud is committed to its security promises to users and will protect user data stored in Alibaba Cloud data centers in accordance with applicable laws.
7. Intellectual property
7.1. The intellectual property rights to 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 expressly agreed by the providing party or its legal rights holders, the other party has no right to copy, disseminate, transfer, license, or provide these intellectual property assets to others. Otherwise, the other party shall be held liable.
7.2. You must ensure that the materials you submit to Alibaba Cloud, your use of the Alibaba Cloud Service, and the results produced from using the Service do not infringe upon the legal rights of any third party. Alibaba Cloud must ensure that the Service it provides to you does not infringe upon the legal rights of any third party.
7.3. If a third-party organization or individual raises questions or complaints about the intellectual property ownership of the materials you use with the Alibaba Cloud Service, or of the Alibaba Cloud Service itself, both you and Alibaba Cloud are responsible for providing relevant intellectual property certificates and cooperating with the other party's complaint handling process. The party at fault is responsible for resolving any claims or lawsuits that may arise. The party at fault will bear the costs and losses and indemnify the other party.
8. Confidentiality
8.1. For the purposes of this Agreement, "Confidential Information" means any business secrets (including financial secrets), technical secrets, know-how, and/or other information and materials that should be kept confidential. This includes product materials, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, research and development, software, hardware, API application data interfaces, technical descriptions, designs, special formulas, and special algorithms. Confidential Information is any information that one party (the "Receiving Party") obtains from the other party (the "Disclosing Party") or that arises from the performance of this Agreement, regardless of the form or medium of the information and whether the Disclosing Party identifies it as confidential orally, graphically, or in writing at the time of disclosure.
8.2. Both parties must take appropriate measures to properly protect the Confidential Information provided by the other party. The level of care must be at least as high as the care they use to protect their own Confidential Information. Both parties may use Confidential Information only for purposes related to this Agreement.
8.3. Both parties guarantee that Confidential Information will be disclosed only to their own personnel and employees who are involved in the business. They must strictly limit access to such Confidential Information and ensure that these employees comply with the confidentiality obligations of this section.
8.4. The restrictions in this section do not apply to the following situations:
8.4.1. The Confidential Information was lawfully in the possession of the Receiving Party at or before the time this Agreement was signed.
8.4.2. The Confidential Information was already public or available from public sources at the time it was disclosed to the Receiving Party.
8.4.3. The Receiving Party obtained the Confidential Information from a third party who had no obligation of confidentiality or non-disclosure.
8.4.4. The Confidential Information has become public or available from public sources without any breach of the obligations under this Agreement.
8.4.5. 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.
8.4.6. 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).
8.4.7. The Receiving Party discloses information to administrative departments, industry associations, or other institutions to apply for a business qualification, obtain a certification, or comply with national or industry standards/certifications. In such cases, the Receiving Party must adhere to the principle of minimum disclosure necessary and require the institutions receiving the Confidential Information to maintain confidentiality at a standard no less stringent than that of this Agreement.
8.5. Both you and Alibaba Cloud must use their best efforts to prevent the disclosure of Confidential Information. If a disclosure of Confidential Information is discovered, both parties must cooperate to take all reasonable measures to prevent or mitigate the resulting damages. If this causes losses to the other party, the responsible party must compensate for the direct economic losses incurred.
9. Service termination and modification
9.1. The service period will be terminated early if any of the following situations occur:
9.1.1. Both parties agree to terminate the service early.
9.1.2. Alibaba Cloud provides advance notice to end the public preview or free trial period.
9.1.3. You seriously violate this Agreement. This includes seriously violating relevant laws and regulations or any of your commitments under this Agreement. In such cases, Alibaba Cloud has the right to terminate the Service early and delete all of your data.
9.1.4. 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 DDoS) (collectively, "such behaviors"), certain limitations exist. Because of the nature of network security technology and the unpredictability of such behaviors, if your website is targeted by such behaviors and it harms Alibaba Cloud or its other networks or servers (including local, remote, and international networks and servers), or affects the smooth connection between Alibaba Cloud and the Internet or between Alibaba Cloud and specific networks, servers, and its internal network, Alibaba Cloud may decide to suspend or terminate the Service.
9.2. You understand and acknowledge that Alibaba Cloud does not guarantee the permanent provision of any specific service. Alibaba Cloud has the right to change the form, specifications, or other aspects of the services it provides (such as service prices and billing models) for reasons such as technical upgrades, service system upgrades, business strategy adjustments, or compliance with major national technical, legal, or policy changes. Before terminating or changing a service, Alibaba Cloud will provide advance notice through one or more methods, such as website announcements, internal messages, emails, or text messages.
10. Liability for breach of contract
10.1. If you violate any of your commitments, warranties, service usage rules, or obligations in this Agreement, or if Alibaba Cloud, in its sole judgment, believes your usage behavior is abnormal, Alibaba Cloud has the right to take one or more of the following measures based on its independent judgment of the situation: (1) restrict or suspend your use of the Service; (2) terminate the provision of the Service and this Agreement; (3) pursue your legal liability; (4) take other measures that Alibaba Cloud deems appropriate. You will be responsible for any losses you incur as a result of Alibaba Cloud suspending or terminating the Service in accordance with this clause.
10.2. If your violation of relevant laws, regulations, or the provisions of this Agreement and related rules causes any loss to Alibaba Cloud, results in claims from other users or any third party, or incurs penalties from any administrative department, you must fully compensate Alibaba Cloud, other users, or the relevant third parties for their actual losses, including reasonable attorneys' fees.
10.3. You understand and agree that because of the special nature of computers and the Internet, the following situations are not considered a breach of contract by Alibaba Cloud:
10.3.1. Alibaba Cloud briefly interrupts the Service for system and server configuration, maintenance, or upgrades.
10.3.2. Your website access speed decreases because of congestion on the Internet.
10.4. [Limitation and Exclusion of Liability] You understand and agree that although the Alibaba Cloud Service provides support for service availability and reliability, during the trial period (whether free or not), Alibaba Cloud makes no commitments regarding service availability or reliability. Alibaba Cloud is also not responsible for any work or results that arise from your use of the trial service.
10.5. In no event will Alibaba Cloud be liable for any indirect, consequential, exemplary, incidental, or special damages, including any lost profits you suffer from using Alibaba Cloud services, even if you have been advised of the possibility of such losses.
10.6. To the extent permitted by law, Alibaba Cloud's total liability for damages under this Agreement will not exceed the total service fees you paid for the Service in the preceding 12 months.
11. Notifications
11.1. When you use Alibaba Cloud services, you must provide Alibaba Cloud with true and valid contact information, including your email address, phone number, and contact address. If your contact information changes, you are obligated to update it promptly and ensure that you can be contacted. The member account (including RAM user accounts) that you use to receive internal messages and system messages is also considered a valid contact method.
11.2. Alibaba Cloud will send various notices to one or more of your contact methods. The content of these notices may have a significant positive or negative impact on your rights and obligations. Therefore, you must pay close attention to them.
11.3. When Alibaba Cloud sends you a notice through the contact methods mentioned above, written notices sent electronically are considered delivered upon successful transmission. This includes public announcements, text messages sent to your provided phone number, emails sent to your provided email address, and system messages and internal messages sent to your account. Written notices sent by physical mail are considered delivered on the fifth calendar day after being mailed to the provided contact address.
11.4. You must ensure that the contact information you provide is accurate, valid, and updated in real time. If legal documents cannot be delivered or are not delivered promptly because the contact information you provided is inaccurate or because you failed to promptly notify us of changes, you will bear any legal consequences that may arise.
12. Force majeure
12.1. If the performance of this Agreement becomes impossible, unnecessary, or meaningless because of force majeure or other unforeseen events, the party affected by the force majeure or unforeseen event will not be held liable.
12.2. 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 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.
13. Governing law and dispute resolution
13.1. The formation, effectiveness, interpretation, amendment, supplementation, termination, execution, and dispute resolution of this Agreement are all governed by the laws of the People's Republic of China. If there are no relevant legal provisions, commercial and/or industry practices will be referenced.
13.2. Any disputes arising from or related to your use of Alibaba Cloud services will be resolved through negotiation between you and Alibaba Cloud. If negotiation fails, either party may file a lawsuit in the People's Court of Xihu District.
14. Miscellaneous
14.1. The attachments to this Agreement, along with the service descriptions, price descriptions, and order pages (including product-specific terms, service descriptions, and operation documents) on the Alibaba Cloud Website that you have confirmed and agreed to, are an integral part of this Agreement. In the event of any inconsistency, the order of precedence is as follows: (1) service descriptions, price descriptions, and other order pages; (2) product-specific terms and attachments; (3) the general terms of this Agreement.
14.2. If the content of this Agreement changes, Alibaba Cloud will notify you of the modifications by posting an announcement on an appropriate page of the Alibaba Cloud Website 30 days in advance. If you continue to use Alibaba Cloud services after the changes take effect, you are deemed to have accepted the modifications made by Alibaba Cloud.
14.3. Alibaba Cloud has the right to transfer all or part of its rights and obligations under this Agreement to its affiliated companies with prior notice to you.
14.4. If Alibaba Cloud waives its rights under this Agreement in the event of your fault or breach, this will not be considered a waiver of its rights regarding your other or subsequent similar faults or breaches.
14.5. If any clause of this Agreement is deemed to be repealed, invalid, or unenforceable, that clause will be considered severable and will not affect the validity and enforceability of the remaining clauses of this Agreement.
14.6. The warranty, confidentiality, intellectual property, governing law, and dispute resolution clauses under this Agreement will survive the termination of this Agreement.