Alibaba Cloud Product Service Agreement
Effective Date: March 16, 2018
Note
Welcome to Alibaba Cloud. This Alibaba Cloud Product Service Agreement (this "Agreement") governs your use of Alibaba Cloud services and is entered into between you and Alibaba Cloud Computing Co., Ltd. ("Alibaba Cloud").
The keywords preceding each clause are intended to help you understand its main point. They do not affect or limit the meaning or interpretation of this Agreement. To protect your rights, please read the specific wording of each clause carefully.
[Read Carefully] Before you agree to this Agreement, you must read it carefully. Ensure that you read and fully understand the content of each clause. Pay special attention to the clauses that exclude or limit liability and the clauses on governing law and dispute resolution. These clauses are marked in bold and underlined text, and you should review them closely. If you have any questions about this Agreement, you can contact customer service or the relevant business departments.
[Accepting the Agreement] By reading and clicking to agree to this Agreement, or by accepting it in any other way, you confirm that you have fully read, understood, and accepted all of its content. You also confirm that you have entered into an agreement with Alibaba Cloud. This Agreement becomes effective on the date you click to confirm on the webpage or accept it in any other way. If you do not agree with this Agreement or any of its clauses, do not proceed with any action that indicates acceptance.
General Terms of Service
1. Parties and scope of the agreement
This Service Agreement is entered into between you and Alibaba Cloud Computing Co., Ltd. and governs your use of Alibaba Cloud services.
2. Service content
In these terms, "Service" refers to the services that are displayed on the Alibaba Cloud website (www.aliyun.com) and clients (collectively, the "Alibaba Cloud website"), which you order and Alibaba Cloud agrees to provide.
3. Service fees
3.1. Service fees are listed on the order page. You can select a specific service type and pay the listed price. You can choose between subscription and pay-as-you-go services.
3.2. Prepayment:
3.2.1. Alibaba Cloud provides the service only after you pay. If you do not pay immediately after placing an order, the order is held for 7 days. If you have not paid after 7 days, or if the Alibaba Cloud service sells out within 7 days, the order becomes invalid. After an order becomes invalid, the agreement between you and Alibaba Cloud for that service is void.
3.2.2. If you want to continue the service after the term expires, you must pay the renewal fee at least 7 days before the expiration date to ensure that the service continues.
3.3. Pay-as-you-go: You can use the service first and pay later. For specific billing rules, see the information on the Alibaba Cloud website. The billing model and standards in effect for the pay-as-you-go service at the time of use will apply.
3.4. If you fail to pay all fees as agreed, Alibaba Cloud reserves the right to not provide services or technical support, or to terminate services or technical support. Alibaba Cloud also reserves the right to charge you a late fee of 0.05% of the overdue amount per day and to pursue other legal actions.
3.5. You fully understand that all complimentary service items or promotional activities in the Alibaba Cloud pricing system are one-time special offers in addition to the normal service price. Complimentary service items or promotional activities cannot be exchanged for cash or used to offset service prices.
4. Your rights and obligations
4.1. After you successfully order a service, you have the right to request that Alibaba Cloud provide the service in accordance with this Service Agreement and the service descriptions, technical specifications, and other content on the relevant pages of the Alibaba Cloud website.
4.2. After you order an Alibaba Cloud service, you are entitled to free after-sales service. Alibaba Cloud also provides other paid technical services.
4.3. You must pay the corresponding service fees as prompted on the Alibaba Cloud website pages and as stipulated in this Service Agreement.
4.4. Your use of Alibaba Cloud services must comply with Alibaba Cloud's Acceptable Use Policy and this Service Agreement.
4.5. You are responsible for the integrity and confidentiality of the data you store on the Alibaba Cloud platform and the passwords and credentials used to access and manage various products and services on the platform. You are solely responsible for any losses and consequences that arise from the loss or disclosure of this data, passwords, and credentials due to your improper maintenance or confidentiality.
4.6. In accordance with laws and regulations, such as the Cybersecurity Law and the Measures for the Administration of Internet Information Services, you must retain access logs for your website. These logs must include the content of published information, its publication time, and Internet Protocol (IP) addresses or domain names. You must cooperate by providing this information when lawfully requested by relevant state authorities. You will bear the corresponding legal responsibility for any failure to retain relevant records as required.
4.7. For data security, you are responsible for backing up your data. Alibaba Cloud products or services may provide you with data backup features or tools. You are responsible for using these features or tools to perform your backups.
4.8. You are responsible for the source and content of your user business data. Alibaba Cloud advises you to carefully assess the legality of the data source and content. You will bear the consequences and responsibilities that arise from your user business data content violating laws, regulations, departmental rules, or national policies.
4.9. You understand and agree that the state secrets of the People's Republic of China are protected by law. You have an obligation to keep these state secrets confidential. 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.
4.10. You must also carefully read and comply with the service descriptions, technical specifications, usage procedures, operation documents, and other content (hereinafter referred to as "Operation Guides") on the Alibaba Cloud website pages. You must operate in accordance with the relevant Operation Guides. You will bear the consequences of violating the relevant Operation Guides. Alibaba Cloud also strongly advises you to assess the risks and operate with caution.
5. Alibaba Cloud's rights and obligations
5.1. Alibaba Cloud must provide the service as agreed.
5.2. During the service term, Alibaba Cloud will provide you with the following after-sales services:
5.2.1. Alibaba Cloud will provide 7 × 24 telephone and online ticket support to answer your questions during use.
5.2.2. Alibaba Cloud will provide you with fault support. You must report faults through online tickets. Alibaba Cloud will promptly provide support for faults not caused by your actions, except for those caused by your actions, force majeure, and other matters beyond Alibaba Cloud's control.
5.3. You can also obtain other paid after-sales services from Alibaba Cloud. For details, see the paid after-sales service content on the relevant pages of the Alibaba Cloud website.
5.4. Alibaba Cloud is only responsible for the operations and maintenance (O&M) of the underlying infrastructure below the operating system and the software provided by Alibaba Cloud. This includes the service's technical architecture and the operating system provided by Alibaba Cloud. 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 downtime. Assess the risks and proceed with caution.
5.5. You understand that Alibaba Cloud cannot guarantee its services are free of defects (for example, Alibaba Cloud security products cannot guarantee the absolute security of your hardware or software), but Alibaba Cloud is committed to continuously improving service quality. Therefore, you agree that if a service has defects that are unavoidable given the state of technology at the time, it will not be considered a breach by Alibaba Cloud. You agree to cooperate with Alibaba Cloud to resolve any such defects.
5.6. Some Alibaba Cloud services may have an account authorization management feature. This feature lets you authorize all or part of your operational permissions for a service to one or more designated authorized accounts. In this case, all actions performed under any authorized account are considered actions performed by you through your own account. You are responsible for the corresponding liabilities and the service fees incurred.
5.7. You understand and acknowledge that Alibaba Cloud provides security protection (such as Server Guard) and management and monitoring functions and services (such as CloudMonitor) based on certain services. Although Alibaba Cloud has conducted detailed testing of these services, it cannot guarantee that they are fully compatible with all hardware and software systems or that its software and services are completely accurate. If incompatibility or software errors occur, you must immediately disable or stop using the relevant functions and contact Alibaba Cloud promptly for technical support.
5.8. You understand and agree that during public previews, invitational previews, or other free trial periods, or within the free service quota, although Alibaba Cloud will support service availability and reliability, it makes no commitments regarding service availability or reliability. Alibaba Cloud is not responsible for any work or results that arise from your use or inability to use Alibaba Cloud services. Alibaba Cloud reserves the right to charge for these free services in the future. Alibaba Cloud will notify you separately before charging service fees.
6. User business data
6.1. Alibaba Cloud understands and acknowledges that the data you process, store, upload, download, distribute, and otherwise handle through the services provided by Alibaba Cloud is your user business data. You have complete ownership of your user business data.
6.2. Alibaba Cloud will not use or disclose user business data without authorization, except to fulfill your service requests. The following situations are exceptions:
6.2.1. When relevant state authorities lawfully inquire about 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. You and Alibaba Cloud have agreed otherwise.
6.3. You can delete, change, or perform other operations on your user business data. If you release a service or delete data, Alibaba Cloud will delete your data according to your instructions and will no longer retain it. You should be cautious when performing operations such as deleting or changing data.
6.4. If your service period expires, your service is terminated early, or you have an overdue payment, Alibaba Cloud will store your user business data (if any) for a buffer period as specified in the applicable service terms, product documentation, or service descriptions, unless otherwise required by law, regulations, or competent authorities, or as agreed upon by both parties. When this 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 the consequences and liabilities that arise from the deletion of your data. You understand and agree that Alibaba Cloud has no obligation to continue to retain, export, or return user business data.
6.6. As agreed between you and Alibaba Cloud, Alibaba Cloud will store user business data in the data center you select. Alibaba Cloud adheres to its security commitments to users and protects user data stored in Alibaba Cloud data centers in accordance with applicable laws.
7. Intellectual property
7.1. The intellectual property rights for 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 the legal rights holder, the other party has no right to copy, disseminate, transfer, license, or provide others with access to this intellectual property. Otherwise, the other party shall bear the corresponding responsibility.
7.2. You must ensure that the materials you submit to Alibaba Cloud, your use of Alibaba Cloud services, and the results produced from using Alibaba Cloud services do not infringe upon the legal rights of any third party. Alibaba Cloud must ensure that the services it provides to you do 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 Alibaba Cloud services, or about the intellectual property ownership of the Alibaba Cloud services you use, both you and Alibaba Cloud are responsible for providing relevant intellectual property proof and cooperating with the other party's complaint handling process. The breaching party is responsible for resolving any claims or lawsuits that may arise, and must bear the costs and losses and hold the other party harmless.
8. Confidentiality
8.1. "Confidential Information" as used in these terms of service refers to any trade secrets (including financial secrets), technical secrets, know-how, and other information and materials that should be kept confidential (including product materials, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, R&D, software, hardware, API application data interfaces, technical specifications, designs, special formulas, and special algorithms) that one party (the "Receiving Party") obtains from the other party (the "Disclosing Party") or that arises from the performance of this Agreement by both parties, regardless of the form or carrier of such information and materials, and whether the Disclosing Party indicates its confidentiality orally, graphically, or in writing at the time of disclosure.
8.2. 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 Agreement.
8.3. Both parties guarantee that confidential information will only be known to their respective managers and employees involved in the business, and will strictly require employees who have access to the confidential information to comply with the confidentiality obligations of this clause.
8.4. The restrictions mentioned above in this clause do not apply to the following situations:
8.4.1. At or before the time of signing this Agreement, the confidential information was already lawfully owned by the Receiving Party.
8.4.2. When the confidential information was disclosed to the Receiving Party, it was already public or could be obtained from the public domain.
8.4.3. The confidential information was obtained by the Receiving Party from a third party with no obligation of confidentiality or non-disclosure.
8.4.4. Without violating the obligations of this Agreement, the confidential information has become public or can be obtained from the public domain.
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 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 or certifications. 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 confidentiality at a standard no lower than that of this Agreement.
8.5. Both you and Alibaba Cloud must make their best efforts to protect the aforementioned confidential information from disclosure. If a leak of confidential information is discovered, both parties must cooperate to take all reasonable measures to avoid or mitigate the consequences. If this causes losses to the other party, the responsible party must compensate for the direct economic losses incurred.
9. Service activation, termination, and change
9.1. Prepaid Services:
9.1.1. The service is activated after you pay. After activation, you will receive the key and password to log on to and use the service. The service term starts from the time of activation, not from the time you receive the key and password.
9.1.2. For services sold with a fixed term, such as a subscription, the service term ends upon the expiration of the ordered term. For services sold in the form of a resource plan (or package), the service term ends when the resource plan's service term expires or when the services in the resource plan are fully used, whichever comes first.
9.1.3. You must use the service quantity in the resource plan within the service term. If the resource plan's service term expires, any ordered but unused services will be forfeited, and Alibaba Cloud will not provide any alternatives or supplements.
9.1.4. Your use of the service will first consume the ordered resource plan. Unless otherwise required by law or agreed upon by both parties, if all services in the resource plan are used up or the service term expires, and you continue to use the 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 you and deduct service fees based on the billing results.
9.2. Pay-as-you-go services:
Unless otherwise agreed or if you have other outstanding payments, you can use Alibaba Cloud's services after activating them. You must ensure that your account has a sufficient balance to continue using the service until it is terminated as required by law or as stipulated in these terms of service.
9.3. The service term will be terminated early if any of the following situations occur:
9.3.1. Both parties agree to terminate early.
9.3.2. If you materially breach this Agreement (including any material violation of relevant laws and regulations or any material breach of your commitments under this Agreement), Alibaba Cloud has the right to terminate the service early and delete all of your data.
9.3.3. 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 attacks (including DDoS) (collectively, "such behaviors"), given the limitations and relative nature of network security technology and the unpredictability of such behaviors, if your website encounters such behaviors and harms Alibaba Cloud or Alibaba Cloud's other networks or servers (including local, remote, and international networks and servers), or affects the smooth connection between Alibaba Cloud and the Internet, between Alibaba Cloud and specific networks or servers, or within Alibaba Cloud, Alibaba Cloud may decide to suspend or terminate the service. If the service is terminated, the service fee will be calculated based on the actual months of service provided (a period of less than one month will be calculated by day), and any remaining balance (if any) will be refunded.
9.3.4. Alibaba Cloud may terminate this Service Agreement by providing a 30-day advance notice on the Alibaba Cloud website, or by sending you an internal message or written notice. In such a case, Alibaba Cloud will refund any prepaid but unconsumed fees to your Alibaba Cloud account.
9.4. You understand and acknowledge that for reasons such as technical upgrades, service system upgrades, business strategy adjustments, or compliance with major national technical, legal, or policy changes, 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 provided (such as service prices and billing models). Before terminating a service or making such changes, Alibaba Cloud will make its best effort to provide prior 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, obligations, or the acceptable use policy in this Agreement, or if Alibaba Cloud determines that your usage is abnormal, Alibaba Cloud has the right to take one or more of the following actions at its sole discretion, based on the severity of the violation: (1) restrict or suspend your use of the service; (2) terminate the service and this Agreement; (3) pursue legal action against you; or (4) take other actions 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 based on this clause.
10.2. If your violation of relevant laws, regulations, or this Agreement and related rules causes any loss to Alibaba Cloud, or results in claims from other users or any third party, or 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, given the special nature of computers and the Internet, the following situations are not considered a breach by Alibaba Cloud:
10.3.1. Alibaba Cloud needs to briefly interrupt the service for system and server configuration, maintenance, or upgrades.
10.3.2. Your website access speed decreases due to congestion on the Internet.
10.4. If you are unable to use the service normally for 72 consecutive hours for reasons attributable to Alibaba Cloud, you may terminate the service, except for reasons beyond Alibaba Cloud's control.
10.5. In no event will Alibaba Cloud be liable for any indirect, consequential, exemplary, incidental, or special damages, including loss of profits you may 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 liability for damages under this Agreement will not exceed the total service fees you have paid for the service in the 12 months prior.
11. Notices
11.1. When using Alibaba Cloud services, you should 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 the information promptly and ensure it remains reachable. The member account (including sub-accounts) you use to receive internal messages and system messages is also considered your valid contact information.
11.2. Alibaba Cloud will send various notices to one or more of your aforementioned contact methods. The content of these notices may have a significant positive or negative impact on your rights and obligations. Be sure to review them in a timely manner.
11.3. When Alibaba Cloud sends a notice to you through the above contact methods, a written notice sent electronically, including announcements, text messages to your provided phone number, emails to your provided email address, and system messages and internal messages to your account, is considered delivered upon successful sending. A written notice sent by paper carrier is considered delivered on the fifth natural day after being mailed to the provided contact address.
11.4. You must ensure that the contact information you provide is accurate and valid, and that you update it in real time. If legal documents cannot be delivered or are not delivered in a timely manner because the contact information provided is inaccurate or because you did not promptly inform of changes, you will bear the legal consequences that may arise.
12. Force majeure
12.1. If the performance of these terms of service becomes impossible, unnecessary, or meaningless due to 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 or unforeseen events refer to objective events that cannot be foreseen, overcome, or avoided and 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, supplement, termination, execution, and dispute resolution of this Agreement are all governed by the laws of the People's Republic of China (for the purpose of this Agreement, excluding Hong Kong, Macau, and Taiwan).
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 with the People's Court of Xihu District, Hangzhou.
14. Miscellaneous
14.1. The appendices to this Agreement, along with the service descriptions, price descriptions on the relevant pages of the Alibaba Cloud website, and the order pages you confirm and agree to (including product-specific terms, service descriptions, and operation documents), are an integral part of this Agreement. In case of any inconsistency, the order of precedence is as follows: (1) service descriptions, price descriptions, and other order pages; (2) dedicated terms and appendices; (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 section of the Alibaba Cloud website 30 days in advance. If you continue to use Alibaba Cloud services, you are deemed to have accepted the relevant 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.
14.4. If Alibaba Cloud waives its rights under this Agreement in the event of your fault or breach, it shall not be deemed 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 shall be considered severable and shall not affect the validity and enforceability of the remaining clauses of this Agreement.
14.6. The warranty clauses, confidentiality clauses, intellectual property clauses, governing law and dispute resolution clauses, and other content under this Agreement shall not become invalid due to the termination of this Agreement.
Service-Specific Terms
1. [Simple Log Service]
1.1. From the time of your first overdue payment, you can continue to use Alibaba Cloud Simple Log Service for 24 hours. If you have not successfully topped up your account to cover the outstanding service fees after 24 hours, Alibaba Cloud will suspend the service and freeze operations for Simple Log Service under your account, but will continue to store your data and bill you.
1.2. If 7 days have passed since Alibaba Cloud suspended the service (from the start time of the suspension on the day the service was suspended to the same time 7 days later), and you still have not successfully topped up your account to cover the outstanding service fees, Alibaba Cloud will terminate these terms of service and stop providing the service. At the same time, all data you have saved in Alibaba Cloud Simple Log Service will be deleted and cleared, and cannot be recovered.
2. [OpenSearch]
2.1. OpenSearch offers both subscription and pay-as-you-go payment models. Both billing models are based on application instances, with separate charges for instance rental fees, per-LCU price, and per-GB storage for each application instance.
2.1.1 Subscription is for a yearly or monthly term. You pay in advance before use. To continue using the service after it expires, you must renew it in advance. Prepaid fees are eligible for a no-questions-asked refund within 5 days of successful payment. After five days, refunds are not supported.
2.1.2 Pay-as-you-go is billed based on usage. Alibaba Cloud will generate a bill every hour based on your usage duration and deduct the fee from your Alibaba Cloud account according to the instance type at the time the order is generated. If your Alibaba Cloud account has an overdue payment, your service will be extended for 24 hours, and you will receive notifications at the 12th and 23rd hours after the payment becomes overdue, reminding you to renew as soon as possible.
2.2. If you successfully top up your account and clear the overdue bill within 24 hours of the payment becoming overdue, your service will not be affected. If your overdue status exceeds 24 hours, Alibaba Cloud will suspend some functions of your OpenSearch service. You can view and delete applications, but you cannot perform operations such as suspending applications, uploading files, running search tests, or rebuilding indexes. The instance will be retained, and instance rental fees will continue to be calculated. You must successfully top up your account and clear the overdue bill to restore all functions of the OpenSearch service.
2.3. If you fail to pay all overdue bills within 7 natural days from the date the payment becomes overdue, Alibaba Cloud will terminate these terms of service and stop providing the service to you after you have been overdue for 7 natural days. At the same time, all data you have saved in Alibaba Cloud will be deleted and cleared, and cannot be recovered.
2.4. You understand and agree that the data you synchronize or upload to Alibaba Cloud is data that you own or have been authorized by the relevant rights holders to process. Alibaba Cloud's analysis and processing of such data according to your instructions will not infringe on the rights of any third party. You are responsible for resolving any disputes and related consequences and liabilities that arise from any third party's claim that Alibaba Cloud processed their data without authorization, and you must ensure that Alibaba Cloud is held harmless.
3. [Resource Orchestration Service]
3.1. Although you are not currently charged for using Alibaba Cloud Resource Orchestration Service, you must pay for other paid Alibaba Cloud services that you obtain and use through Resource Orchestration Service (such as pay-as-you-go Elastic Compute Service instances), unless otherwise agreed by both parties. You must pay the corresponding service fees to Alibaba Cloud according to the effective charging standards for that service at the time, and comply with its terms of service. This includes service fees generated by partially successful orchestrated services before they are released when the entire service orchestration fails.
4. [Performance Testing]
4.1. For subscription Performance Testing services, the service terminates when the service period expires or when the purchased usage quantity is consumed. For pay-as-you-go Performance Testing services, you must top up your Alibaba Cloud account in a timely manner to ensure continuous use of the service. If you have an overdue payment for a pay-as-you-go service, you can continue to use the service for 1 hour from the time the payment first becomes overdue. If you still have not topped up your account and cleared the outstanding debt after 1 hour, Alibaba Cloud will stop providing the service to you.
4.2. You understand and acknowledge that the test results are data recorded by the Alibaba Cloud Performance Testing service after conducting tests according to your instructions (including test methods and test objects). Alibaba Cloud is not responsible for any work you perform based on this data or the results of that work.
4.3. You understand and acknowledge that the server you select as the test target may experience issues, such as being unable to operate normally, due to the pressure applied by the Performance Testing service. Alibaba Cloud is not responsible for such outcomes. Alibaba Cloud also advises you to choose your target server with caution.
4.4. You guarantee that you have the authority to conduct performance tests on the server you have selected.
5. [Message Queue Service]
5.1. For subscription Message Queue services, if you do not pay within 3 days of confirming the order, the order will become invalid.
5.2. For subscription instances (Enterprise Platinum Edition, Micro Message Queue), Alibaba Cloud will suspend the service after the instance expires. If you do not renew within 168 hours, the instance will be automatically released. The released instance and its data cannot be recovered.
5.3. For pay-as-you-go Message Queue services, if your account balance is insufficient to pay the bill and the service is in an overdue state for more than 72 hours, Alibaba Cloud will suspend the service. This means you will no longer be able to access the service through the console or API. After the service is stopped, unprocessed message data is automatically released, and the released data cannot be recovered.
5.4. The above terms also apply to the Message Queue for Kafka service.
6. [Global Transaction Service]
6.1. For subscription Global Transaction Service, Alibaba Cloud will provide the service after you pay the service fee. If you do not pay within 3 days of confirming the order, the order will become invalid. 6.2. The subscription Global Transaction Service will terminate upon expiration. To continue using the service, please renew it in a timely manner. Alibaba Cloud will also make reasonable efforts to remind you to renew. If you do not renew, in addition to the service terminating upon expiration, the configuration information of the service group will be released after 7 days.
7. [Stream Compute Service]
For projects with a fixed service term, such as a subscription:
7.1. After the project expires, if you continue to use Alibaba Cloud Stream Compute, you must renew it in a timely manner.
7.2. If your service expires and you do not renew, Alibaba Cloud will suspend your operational permissions for that project at the time of expiration, but will retain the project and continue to store your data for 7 days (from the start time of the suspension on the day the permissions were suspended to the same time on the 7th day). If you still have not renewed after 7 days, Alibaba Cloud will release your project and delete the data.
8. [CloudMonitor]
8.1. For paid CloudMonitor services with a fixed term, such as yearly or monthly subscriptions, the service terminates upon expiration. To continue using Alibaba Cloud services, you must renew in a timely manner. If you do not renew after the service expires, Alibaba Cloud will stop your operational permissions for that service at the time of expiration, and will delete your custom monitoring time series after 7 days have passed since the service was stopped (from the start time of the suspension on the day the service was stopped to the same time on the 7th day).
8.2. Each Alibaba Cloud service provides you with usage information (such as your application's memory consumption). When you activate the free version of Alibaba Cloud CloudMonitor, you agree that the CloudMonitor service will uniformly display your service usage information in the CloudMonitor service interface.
8.3. You understand and confirm that although the CloudMonitor service will present monitoring data to you, Alibaba Cloud is not responsible for storing your monitoring data. Alibaba Cloud presents the latest batch of monitoring data according to established data expiration rules. For monitoring data of specific results, you can set your own expiration rules, but this may require an additional fee. The specifics are subject to the instructions on the Alibaba Cloud official website and the page you confirm during the operation. Before the monitoring report data expires, you should promptly migrate or back up this data.
9. [Data Integration]
9.1. For Data Integration, Alibaba Cloud charges you hourly for the previous hour's service fee. If a payment is overdue, you can continue to use the service for 24 hours. If you still have not renewed and paid the outstanding amount after 24 hours, Alibaba Cloud will stop providing the service to you, and any data integration tasks that have already started will be terminated immediately.
9.2. You must guarantee that you have the legal authority to operate on the data you use with Alibaba Cloud Data Integration.
9.3. You understand and confirm that Alibaba Cloud's Data Integration does not provide you with space to store data. You are responsible for storing and backing up your data yourself.
10. [Natural Language Processing]
10.1. For monthly or yearly Natural Language Processing services, you must use the service within the service term. The service terminates upon expiration, even if you have not used up the purchased service quantity.
10.2. Alibaba Cloud will exercise due diligence in providing services to you. However, due to the influence and constraints of technical conditions and other factors at the time, the technical services or deliverables provided by Alibaba Cloud are only technical suggestions given under the circumstances at that time. You are still responsible for deciding whether to adopt Alibaba Cloud's technical suggestions, along with the process and results of adopting those suggestions.
11. [Alibaba Cloud DNS PrivateZone]
11.1 For Alibaba Cloud DNS PrivateZone services sold on a pay-as-you-go basis, you must top up your account in a timely manner to ensure continuous use of the service. If you have an overdue payment, you can continue to use Alibaba Cloud DNS PrivateZone for 24 hours from the time of the first overdue payment. If you still have not successfully topped up your account to cover the outstanding service fees after 24 hours, Alibaba Cloud will suspend the service but will retain your configuration information. If you still have not successfully topped up your account to cover the outstanding service fees within 7 days from the time of your first overdue payment, Alibaba Cloud will terminate the service and clear your configuration information after 7 days have passed (from the start time of the suspension on the day of the first overdue payment to the same time on the 7th day).
11.2. When using Alibaba Cloud DNS PrivateZone, you must also comply with Alibaba Cloud DNS's Limits. If you violate these rules, Alibaba Cloud has the right to suspend or terminate the service for you.
12. [Graphics Workstation Service]
12.1. For subscription Graphics Workstation services, the service terminates when the service period expires or when the purchased usage quantity is consumed. If you do not renew, Alibaba Cloud will release your instance and clear your data 7 days (168 hours) after the service period ends. To continue using the Alibaba Cloud Graphics Workstation service, please renew before the 7-day period after expiration to maintain continuous service.
12.2. For pay-as-you-go Graphics Workstation services, you must top up your Alibaba Cloud account in a timely manner to ensure continuous use of the service. If you have an overdue payment for a pay-as-you-go service, you can continue to use the service for 1 hour from the time the payment first becomes overdue. If you still have not topped up your account and cleared the outstanding debt after 1 hour, Alibaba Cloud will stop providing the service to you. After 7 days (168 hours) from the service suspension, Alibaba Cloud will release your instance and clear your data.
12.3. For the Graphics Workstation service, Alibaba Cloud provides the service to you in accordance with the Graphics Workstation Service Level Agreement.
13. [Key Management Service]
13.1. For pay-as-you-go Key Management Service, you must top up your Alibaba Cloud account in a timely manner to ensure continuous use of the service. If you have an overdue payment for a pay-as-you-go service, you will no longer be able to use the new key creation feature of Key Management Service from the time the payment first becomes overdue. However, you can continue to use the services you have already created for 7 days (168 hours). If you still have not topped up your account and cleared the outstanding debt after 7 days, Alibaba Cloud will stop providing the service to you.
13.2. Although Alibaba Cloud has established corresponding security mechanisms and measures, given the unpredictability and complexity of Internet services and the importance of Key Management Service, Alibaba Cloud strongly advises you to log in to the management console and delete key information in a timely manner if you no longer need to use a key.
14. [ApsaraVideo Live]
14.1 For ApsaraVideo Live and ApsaraVideo VOD services sold as subscriptions or resource plans, the service terminates when the service period expires or when the purchased resource plan usage is consumed.
14.2. For pay-as-you-go ApsaraVideo Live services, you must top up your Alibaba Cloud account in a timely manner to ensure continuous use of the service. If you have an overdue payment for a pay-as-you-go service, Alibaba Cloud has the right to immediately stop your service. If you top up your account and clear the outstanding debt, Alibaba Cloud will restore and continue to provide the service to you.
15. [ApsaraVideo Media Processing]
15.1 For pay-as-you-go ApsaraVideo Media Processing services, if your current account balance is insufficient to pay the bill and the service is in an overdue state, Alibaba Cloud will suspend the service for you within 24 hours. This means you can no longer submit any new jobs, and Alibaba Cloud will no longer provide media processing services for jobs you have already submitted but are waiting to be executed. Jobs that are currently executing will continue to run until they are finished. If you top up your account to cover the overdue payment within 15 days of the payment becoming overdue (up to 360 hours, or 15 × 24, from the time of suspension), the suspended ApsaraVideo Media Processing service will be restored, and you can continue to use Alibaba Cloud's media processing services. If the overdue payment exceeds 15 days (up to 360 hours from the time of suspension), jobs you have submitted that are waiting to be executed will be released, and the data cannot be recovered.
15.2. You understand and confirm: The Alibaba Cloud ApsaraVideo Media Processing service will process your multimedia files according to the rules you set in the service description, but it is not responsible for storing or backing up the aforementioned multimedia files. Storage and backup are your responsibility. You must ensure that you promptly receive and store the multimedia files. After each of your tasks is completed, the ApsaraVideo Media Processing service releases and destroys its task result. You must promptly store and back up the files before the data is released and destroyed. Otherwise, once the data is destroyed, it cannot be recovered, and you must bear the consequences.
16. [MaxCompute] MaxCompute Service (referred to as "MaxCompute Service")
16.1. If your current available balance is insufficient to pay the bill for the previous billing cycle, MaxCompute will be in an overdue state. Alibaba Cloud will proceed with the following steps, including suspending some of your services, until all MaxCompute services are terminated:
16.1.1 If you successfully top up your account and clear the overdue bill within 24 hours of the payment becoming overdue, your service will not be affected. Your service will remain unaffected within these 24 hours.
16.1.2 If your overdue status exceeds 24 hours, Alibaba Cloud will suspend your MaxCompute computing and download services. The stored data will still be retained. You must successfully top up your account and clear the overdue bill to restore the use of MaxCompute's computing and download services.
16.1.3 If you fail to pay all overdue bills within 15 days from the date the payment becomes overdue (up to 360 hours, or 15 × 24, from the time of suspension), Alibaba Cloud will terminate this service and stop providing it to you after you have been overdue for 15 days. At the same time, all data you have saved in Alibaba Cloud will be deleted, cleared, and will be permanently unrecoverable.
16.2. After you activate the MaxCompute service, you should use it in a timely manner. If you occupy the service but do not actually use it and do not pay any service fees, Alibaba Cloud has the right to reclaim such resources.
17. [Machine Translation]
17.1. For monthly or yearly (including resource plans) Machine Translation services, you must use the service within the service term. The service terminates upon expiration, even if you have not used up the purchased service quantity.
17.2. Alibaba Cloud will exercise due diligence in providing services to you. However, due to the influence and constraints of technical conditions and other factors at the time, the technical services or deliverables provided by Alibaba Cloud are only technical suggestions given under the circumstances at that time. You are still responsible for deciding whether to adopt Alibaba Cloud's technical suggestions, along with the process and results of adopting those suggestions.
17.2. Machine Translation does not guarantee the accuracy or legality of the translation results and is not liable for any errors, omissions, or inappropriate expressions in the translation. You assume the risk of using the translated content.
17.3. Machine Translation automatically generates corresponding translation results for the content you type or transmit. This does not mean that Machine Translation, Alibaba Cloud, or its affiliated companies endorse the typed or transmitted content or the translated results. Alibaba Cloud is not legally responsible for any infringement or other illegal or non-compliant acts caused by the content you type or transmit or the translation results, nor for any losses arising from disputes, litigation, or arbitration.
18. [Intelligent Director for Product Videos]
18.1. You use the Alibaba Cloud Intelligent Director for Product Videos service to generate short films from your materials. You must pay a service usage fee to Alibaba Cloud. You can download and use the short film only after paying the service usage fee.
18.2 In the short film, besides providing the technical service to generate it, Alibaba Cloud only provides you with music for the short film (which can be applied to your short film after you select it). All other materials are provided by you. The intellectual property rights of the short film music belong to Alibaba Cloud or the corresponding rights holders. After Alibaba Cloud's authorization expires, Alibaba Cloud will require you to stop using the music, or will prevent you from using it. Except for the music, the copyright of the short film belongs to you.
18.3. For the short film provided to you by Alibaba Cloud, you cannot use the design elements (including images, fonts, transitions, effects, and music) independently of the short film. Your independent use may cause Alibaba Cloud to violate its agreement with the rights holders or may result in your unauthorized use. Therefore, in addition to having the right to require you to stop the aforementioned use, Alibaba Cloud also has the right to require you to compensate for any losses caused to Alibaba Cloud.
18.4. Although you can generate a short film before paying the service fee, payment is a prerequisite for downloading and using it. If you obtain and use the video through other means, such as browser source code or screen recording, Alibaba Cloud will require you to stop using the service and will demand compensation for the losses caused to Alibaba Cloud.
18.5. Although the Alibaba Cloud Intelligent Director for Product Videos service can store the short films created based on your materials, storage or backup is not Alibaba Cloud's responsibility. You should store and back up the films in a timely manner.
18.6. Alibaba Cloud is not legally responsible for any infringement or other illegal or non-compliant acts caused by your materials, nor for any losses arising from disputes, litigation, or arbitration.
19. [Data Lake Analytics Service]
19.1 After you activate the Alibaba Cloud Data Lake Analytics service, you can use it first. Alibaba Cloud will charge you hourly for the previous hour's service fee. Alibaba Cloud will charge you based on your usage of the service.
19.2. If your account balance is insufficient, Alibaba Cloud will stop the service as follows:
19.2.1 If your account balance is insufficient to cover the service fee for the previous hour (i.e., you have an overdue payment), you can continue to use the Data Lake Analytics service for 24 hours. If you still have not topped up your account and paid the full service fee after 24 hours, Alibaba Cloud will stop providing the Data Lake Analytics service to you. However, tasks that are already in progress will not be stopped and will continue to run until completion (you must still pay Alibaba Cloud for this portion of the service fee).
19.2.2 You understand and confirm that for requests in the asynchronous invocation queue, Alibaba Cloud will continue to execute them after you top up your account and restore the service. Due to the overdue payment, your requests in the asynchronous invocation queue will be discarded by Alibaba Cloud. You will need to resubmit the discarded requests for them to be executed.
19.3. You understand and confirm that the Alibaba Cloud Data Lake Analytics service is not responsible for storing the tasks you submit or the results of processing using the service. You should store and back them up in a timely manner.
19.4. For the Data Lake Analytics service you purchase, Alibaba Cloud promises to provide the service in accordance with the Data Lake Analytics Service Level Agreement published on its official website.
20. [Blockchain as a Service]
20.1 You can use the Blockchain as a Service only after you confirm the order and pay the corresponding fee. You must renew the service in a timely manner before it expires to ensure its continuous use.
20.2. If the service expires and you fail to renew it in a timely manner, Alibaba Cloud will stop providing the service to you at the time of expiration. Specifically:
20.2.1. If you ordered a BaaS - Hyperledger Fabric organization resource, the service will stop upon expiration. If you do not renew within 7 days, the instance will be released and the business data will be cleared. The cleared data cannot be recovered. If your organization has joined a consortium, your organization will also be removed from the consortium.
20.2.2. If you ordered a BaaS - Hyperledger Fabric consortium resource, the service will stop upon expiration. If you do not renew within 7 days, the consortium's management data will be released. If organizations have joined the consortium, the organizations (if not expired) will still be retained, but you will only be able to perform read operations on that instance, not write operations.
20.2.3. If you ordered a BaaS - Ant Blockchain resource, the service will stop upon expiration. If you do not renew within 7 days, the instance will be released and the business data will be cleared. The cleared data cannot be recovered.
20.2.4. If you ordered BaaS - Trusted Computing Service, Alibaba Cloud will grant you a license to use the Trusted Application (TAPP) compilation tool. You confirm and accept the "Commitment Letter for Use of Trusted Application TAPP Compilation Tool" and will use the licensed software in accordance with the commitment terms.
20.2.5. If you ordered BaaS - Distributed Identity Service, you agree and understand that Alibaba Cloud is the technology provider for the Distributed Identity Service. It only provides technical support services to the participating parties, such as encryption tools, technical interfaces, cloud storage space, technical consulting, and O&M of hardware and software platforms. Alibaba Cloud does not participate in identity authentication, initiate the creation of identity identifiers, issue or verify verifiable claims, or participate in any of your business activities. It also does not verify the authenticity or legality of the raw data or provide any guarantees. Under no circumstances shall the Distributed Identity Service be considered as any guarantee or warranty by Alibaba Cloud regarding the authenticity or legality of any data or information obtained through the service. You understand and agree that when the service expires, is stopped early, this Agreement is terminated early, or you have an overdue payment, Alibaba Cloud will stop your service interface permissions. You will not be able to continue uploading, viewing, or verifying any data or information. However, the relevant data and information you have previously uploaded (if any) will remain on the blockchain platform.
21. [Elastic Container Instance Service]
21.1 You can activate the Elastic Container Instance service first and use it later. Alibaba Cloud will deduct the service fee for the previous hour from your Alibaba Cloud account every hour.
21.2 When your account balance is insufficient to pay the bill and the service is in an overdue state, you can no longer create new instances. However, you can continue to use the instances you have already created for 7 days (168 hours), and billing will continue.
21.3 If you fail to pay all overdue bills within 7 days (168 hours) from the date the payment becomes overdue, Alibaba Cloud will terminate the service for you when you have been overdue for 7 days (168 hours). At the same time, the instance will be released, and the data within it will be deleted and cannot be recovered.
22. [Code Stack]
22.1. The Code Stack service is provided to you on a subscription basis. You pay first and then use it. For subscription services, if you want to continue using the Alibaba Cloud Code Stack service after it expires, you must renew it in a timely manner. If you choose not to renew after your service expires, Alibaba Cloud will stop providing the service to you at the time of expiration.
22.2. The Code Stack service is not responsible for storing your business data. You are responsible for storing and backing up the information you input or the result data obtained from the execution of the Code Stack service.
22.3. For the Code Stack Enterprise Edition, you are responsible for providing the resources for running the programs, such as hardware servers or the corresponding operating systems.
22.4. Before using Code Stack, you should fully understand and master its various functions, carefully read the operation or usage instructions and the service validity period, and use it strictly in accordance with the operation or usage instructions. You understand and confirm that you are solely responsible for the consequences of your actions implemented through Code Stack. If your use of Code Stack causes Alibaba Cloud or any third party to bear related responsibilities, you must fully compensate Alibaba Cloud or any third party for their related expenses and losses, including reasonable attorneys' fees.
22.5. You should make your own judgment about the content of the services in Code Stack and bear all risks arising from the use of the service, including risks arising from reliance on the correctness, completeness, or usefulness of the service. Unless due to Alibaba Cloud's intentional or gross negligence, Alibaba Cloud cannot and will not be liable for any loss or damage caused by the aforementioned risks.
23. [Real-Time Communication]
23.1 For Real-Time Communication services sold as subscriptions or resource plans, the service terminates when the service period expires or when the purchased resource plan usage is consumed. Your use of the service will first consume the ordered resource plan. Unless otherwise required by law or agreed upon by both parties, if all services in the resource plan are used up or the service term 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 you and deduct service fees based on the billing results.
23.2 For pay-as-you-go Real-Time Communication services, if your current account balance is insufficient to pay the bill and the service is in an overdue state, you cannot add new terminals to use the overdue service. If you still have not topped up your account and cleared the overdue bill after 24 hours, Alibaba Cloud will stop the service (including not being able to add new terminals and stopping running tasks). However, within the 24-hour period, for channels that are currently in communication and services that are currently running, the corresponding services will continue to execute until they are finished.
24. [Cloud Storage Gateway Service]
24.1. For Cloud Storage Gateway services sold on a pay-as-you-go basis, you must pay the service fees in a timely manner to ensure continuous use of the service. If you have an overdue payment:
24.1.1. For a Cloud Storage Gateway deployed in your local data center, you can continue to use the Cloud Storage Gateway service for 24 hours from the time of the first overdue payment. If you still have not successfully topped up your account to cover the outstanding service fees after 24 hours, Alibaba Cloud will stop providing the service and freeze operations for the Cloud Storage Gateway service. Data stored on the local cache disk of the Cloud Storage Gateway will be retained, but the data will not be readable. If you pay the outstanding fees, you can continue to access the data retained on the local cache disk through the Cloud Storage Gateway.
24.1.2. For a Cloud Storage Gateway deployed on Alibaba Cloud, you can continue to use the Cloud Storage Gateway service for 24 hours from the time of the first overdue payment. If you still have not successfully topped up your account to cover the outstanding service fees after 24 hours, Alibaba Cloud will suspend the service and freeze operations for the Cloud Storage Gateway service, but will continue to store the data you have retained on the Cloud Storage Gateway's cache disk and continue to bill you. If you still have not paid the outstanding service fees within 15 days from the time of the first overdue payment, Alibaba Cloud will stop providing the service to you after 15 days have passed (from the start time of the suspension on the day of the first overdue payment to the same time on the 15th day). At the same time, all data you have saved on the Cloud Storage Gateway's cache disk will be deleted, cleared, and will be permanently unrecoverable.
24.2. For services sold as resource plans or subscriptions, if the service is used up or expires, and you do not continue to order a resource plan or subscription for Cloud Storage Gateway, Alibaba Cloud will handle it according to the general terms. It will be considered that you are continuing to order and use Alibaba Cloud's pay-as-you-go Cloud Storage Gateway service, and billing will continue.
24.3. If you use Alibaba Cloud Object Storage Service (OSS) through Cloud Storage Gateway, you still need to activate and order the Object Storage Service and pay for it separately. Alibaba Cloud will provide the Object Storage Service in accordance with its terms of service and service level agreement.
24.4. Cloud Storage Gateway provides storage protocol conversion functions and is not responsible for storing your data. You should store your data properly. Alibaba Cloud also strongly advises you to back up your data according to your business needs.
25. [Alibaba Cloud Database Expert Service]
25.1. In this clause, "Database Expert Service" refers to the Database Expert Service and related technical and network support services that Alibaba Cloud provides to you as displayed on the www.aliyun.com website. The Database Expert Service is a professional analysis, diagnosis, and other service provided to you by a team of experts composed of Alibaba Cloud database experts (the "Expert Team"), using a combination of self-developed database tools and professional database skills.
25.2. When Alibaba Cloud experts provide the service, you need to ensure that you grant the necessary database authorization to Alibaba Cloud. Alibaba Cloud guarantees to provide the service in accordance with this Agreement and will not leak, disclose, or use any collected data for other purposes.
25.3. The instance you use for the Database Expert Service must be an instance that you have permission to access (your own, one you are authorized to maintain, or a similar instance). If you violate this provision, Alibaba Cloud has the right to immediately terminate your use of the Database Expert Service, and you will be responsible for all losses incurred by Alibaba Cloud and any third party.
25.4. You fully understand and acknowledge that Alibaba Cloud will exercise due diligence in providing services to you. However, the technical services provided by Alibaba Cloud are influenced and constrained by factors such as the technical conditions at the time of project implementation, network status, your system's condition, and the service period. The technical services or deliverables provided by Alibaba Cloud are only technical suggestions given under the circumstances at that time. Alibaba Cloud does not provide any guarantee for the accuracy, validity, or sustainability of the technical services or deliverables.
[Artificial Intelligence Recommendation]
26.1 Subscription Artificial Intelligence Recommendation services must be paid for before use. If the subscription instance you ordered expires and you need to continue using it, you must renew it in a timely manner.
26.2. If your subscription instance expires, the service will stop. In addition to not being able to obtain recommendation results, you will not be able to perform modification and upgrade operations, such as changing the instance name, configuration information (specifications), importing data, or starting data training. However, the instance will be retained for 7 natural days after expiration, and instance rental fees will continue to be charged (you must still pay this fee). If you renew within 7 natural days after expiration, the service will be restored, and you can continue to use it. If you do not renew within 7 natural days after expiration, Alibaba Cloud will clear the instance and release the related data.
27. [Alibaba Cloud DNS]
27.1 Alibaba Cloud provides both paid and free versions of Alibaba Cloud DNS. For the free version of Alibaba Cloud DNS, to the maximum extent permitted by applicable law, Alibaba Cloud assumes no liability for any damages or risks arising from your use or inability to use Cloud DNS (Free Edition), including but not limited to direct or indirect personal injury, loss of business profits, business interruption, loss of business information, or any other financial loss.
27.2. You understand and agree that if you use this service through the Alibaba Cloud DNS API provided by Alibaba Cloud, you must comply with Alibaba Cloud's relevant API usage rules.
27.3. The paid version of Alibaba Cloud DNS offers a subscription service. You can activate and use it after payment. If the service expires and you want to continue using it, you must renew it in a timely manner. You can continue to use the service normally for 6 natural days after it expires. If you still have not renewed within 6 natural days, Alibaba Cloud will automatically downgrade the paid version of Alibaba Cloud DNS to the free version on the 7th natural day. At the same time, Alibaba Cloud will also release your paid version's resolution instance, but will not delete the resolution data in the paid version's DNS cluster. On the 7th natural day after the instance release date, Alibaba Cloud will delete the resolution data in the paid version's DNS cluster.
28. [CloudOps Orchestration Service (OOS)]
28.1. At this stage, Alibaba Cloud will not charge you for using Alibaba Cloud's CloudOps Orchestration Service (OOS). However, this does not exclude the possibility that Alibaba Cloud may commercialize it and charge you a service fee in the future. Alibaba Cloud will notify you in advance before charging you.
28.2. When using CloudOps Orchestration Service (OOS), your use or orchestration of templates, tasks, and actions are operations you perform yourself. You will be responsible for your own actions and their results.
28.2.1. When Alibaba Cloud creates, modifies, manages, or releases services for you according to the templates, tasks, and actions you have set, such actions are also considered as actions you perform yourself. You will be responsible for your own actions and their results.
28.2.2. Although you are not currently charged for using Alibaba Cloud CloudOps Orchestration Service (OOS), you must pay for other paid Alibaba Cloud services that you obtain and use through CloudOps Orchestration Service (OOS) (unless otherwise agreed by both parties). You must pay the corresponding service fees to Alibaba Cloud according to the effective charging standards for that service at the time, and comply with its terms of service.
28.2.3. You understand and acknowledge that by confirming these terms of service, you agree to open your application programming interface (OpenAPI) to Alibaba Cloud, to be used by Alibaba Cloud to provide you with the specified CloudOps Orchestration Service (OOS).
28.3. You understand and agree: During the free period of Alibaba Cloud CloudOps Orchestration Service (OOS), Alibaba Cloud will not make any commitments regarding service availability or reliability. Alibaba Cloud is also not responsible for any work or results arising from your use of Alibaba Cloud CloudOps Orchestration Service (OOS). However, Alibaba Cloud is willing to cooperate with you to solve problems and is committed to continuously improving service quality and service levels. If any situation arises, you can call the technical support phone to report the situation to Alibaba Cloud and get technical support. If the relevant problems cannot be solved, you should stop using Alibaba Cloud CloudOps Orchestration Service (OOS).
28.4. Alibaba Cloud will be exempt from liability for failures in creating, modifying, managing, or releasing services through CloudOps Orchestration Service (OOS) due to telecommunication system failures, Internet network congestion, the reasons of the application system or the service to be created itself (including but not limited to service upgrades, API closures, insufficient inventory, and long startup times), and force majeure events.
29 [Video Surveillance Service]
29.1 For pay-as-you-go Video Surveillance services, if your current account balance is insufficient to pay the bill, you can continue to use the service for 24 hours. If you still have not topped up your account and cleared the overdue bill after 24 hours, Alibaba Cloud will stop the service but will still store your instance information. If you still have not topped up your account and cleared the overdue bill within 7 days from the date of the overdue payment, Alibaba Cloud will delete your instance.
30 [Serverless App Engine]
30.1 You can activate Serverless App Engine first and use it later. Alibaba Cloud will deduct the service fee for the previous hour from your Alibaba Cloud account every hour.
30.2 When your account balance is insufficient to pay the bill and the service is in an overdue state, you can no longer create or scale out new instances, nor can you deploy, restart, or change the specifications of existing instances. However, you can continue to use the instances you have already created for 7 days (168 hours), and billing will continue.
30.3 If you fail to pay all overdue bills within 7 days (168 hours) from the date the payment becomes overdue, Alibaba Cloud will terminate the service for you when you have been overdue for 7 days (168 hours). At the same time, the instances you created will be released, and the data within them will be deleted and cannot be recovered.
31 [Function Flow]
31.1 For pay-as-you-go Function Flow services, if your current account balance is insufficient to pay the bill, you can continue to use the service for 24 hours. If you still have not topped up your account and cleared the overdue bill after 24 hours, Alibaba Cloud will stop you from creating or executing new flows. If you still have not topped up your account and cleared the overdue bill within 7 days from the date of the overdue payment, the system will terminate your running flows starting from the 7th day. If you still have not topped up your account and cleared the overdue bill after 30 days of being overdue, Alibaba Cloud will no longer store your flow and execution process information.
32 [IP Geolocation Library]
32.1 You must guarantee that the feedback results obtained when using this service can only be used by yourself and cannot be provided to any third party.
32.2 You must guarantee that you will not use the feedback results obtained from this service to create a new database or improve the accuracy of an existing database by forming a collection of the feedback results, adding them to an existing collection, or comparing them with an existing collection.
32.3 You understand and confirm that because carriers frequently change IP usage locations, this product cannot guarantee that it can locate and correct IP location change information in the first instance. The feedback results obtained when using this service may be inaccurate. Alibaba Cloud does not promise the accuracy of the feedback results and is not liable for any losses caused by any further actions you take based on the feedback results.
32.4 You must guarantee that the source, transmission, and use of all data and information you provide to Alibaba Cloud comply with applicable laws and regulations, do not infringe on the reputation, privacy, personal information, intellectual property, or other legal rights of any third party, and do not violate any prohibitive provisions of applicable laws and regulations. You promise that you will not cause any third party to make any requests, claims, lawsuits, or arbitrations, or take other similar legal measures against Alibaba Cloud due to all the data and information provided under this Agreement and your performance of this Agreement. If any disputes, regulatory investigations, or lawsuits arise from this, you are responsible for handling them. If this causes any loss to Alibaba Cloud or its affiliated companies, you are responsible for compensation. At the same time, Alibaba Cloud has the right to unilaterally terminate this Agreement. If your actions cause any negative public opinion impact on Alibaba Cloud, you must clarify and eliminate the impact in the manner specified by Alibaba Cloud, and you will bear the costs.
32.5. Your business using the services under this Agreement must be a normal business that complies with national laws and regulations. It must not be used for any illegal business and must be used for your own business purposes. You must not use the services of Alibaba Cloud under this Agreement to provide services for the business of any other third party. If you violate this provision, Alibaba Cloud has the right to immediately terminate your use of this service, and you will be responsible for all losses incurred by Alibaba Cloud and any third party.
32.6. Alibaba Cloud has the right to audit, access, and query your use of this service. You must actively cooperate and open interfaces for Alibaba Cloud to query, access, and audit your use of the services provided by Alibaba Cloud under this Agreement.
32.7. Please note that offline products do not support refunds. Continuing with the subsequent operations and completing the purchase means you fully acknowledge this.
32.8. API & SDK Usage Specifications
32.8.1 API: Refers to Application Programming Interface, which is a set of predefined functions intended to provide users with the ability to access a set of routines based on certain software or hardware, without the user needing to access the source code or understand the details of the internal working mechanism. SDK: Refers to Software Development Kit, which is generally a collection of development tools for software engineers to create application software for specific software packages, software frameworks, hardware platforms, or operating systems. In this Agreement, the scope of the SDK includes not only the IP Geolocation Library OpenAPI, but also the SDKs for various language versions provided by the offline version of the IP Geolocation Library, the encrypted IP geolocation database, and authorization files.
32.8.2 Alibaba Cloud will independently determine whether you can obtain an API usage license. That is, after Alibaba Cloud licenses you to create an AccessKey (you can refer to the document on how to obtain an AccessKey), you are granted a personal, free, non-transferable, non-sublicensable, non-exclusive license to use the API, enabling you to access this service through the API.
32.8.3 Your number of accesses and the volume of data accessed through the API & SDK must be within the agreed scope of the service you purchased. If it is found that you are attempting to exceed or circumvent the limits, your API & SDK may be temporarily or permanently blocked.
32.8.4 You understand and agree that Alibaba Cloud only provides the application interface or SDK. You must write your own program to call this service according to your needs. Alibaba Cloud is not responsible for your programming process or the results of your program application.
32.8.5 When using the Alibaba Cloud API & SDK, you must not engage in the following behaviors:
Modify, translate, adapt, rent, sublicense, disseminate on information networks, or transfer the application interfaces provided by Alibaba Cloud. You must not reverse engineer, decompile, or attempt to discover the source code of the application interfaces provided by Alibaba Cloud in any other way (unless expressly permitted by Alibaba Cloud).
Engage in any behavior that undermines or attempts to undermine network security (including but not limited to phishing, hacking, online fraud, websites or spaces containing or suspected of spreading viruses, Trojans, or malicious code, and suspected attack behaviors on other websites or servers through virtual servers, such as scanning, sniffing, ARP spoofing, or DOS).
Engage in any behavior that changes or attempts to change the system configuration provided by Alibaba Cloud or undermines system security.
Engage in any behavior that does not comply with the provisions and announcements displayed on the relevant pages of this Agreement and this service, or that infringes on the rights of Alibaba Cloud and third parties.
Any other unlawful behavior.
32.8.6 You understand and agree that Alibaba Cloud reserves the right to release subsequent versions of the API & SDK and to require you to obtain and use the latest version.
32.8.7 If your use of the API & SDK needs to be interrupted or suspended due to the need for maintenance or upgrades of the relevant servers or systems for this service, Alibaba Cloud will make every effort to provide advance notice.
32.8.8 The data of your service calls through the API & SDK is subject to the data recorded in the Alibaba Cloud backend.
32.8.9 You must ensure that your use of this service's API & SDK complies with the requirements of this specification, complies with the requirements of relevant national laws and regulations, and does not harm the interests of Alibaba Cloud.
33 [Container Registry]
33.1 The subscription Container Registry Enterprise Edition must be paid for before use. After your subscription instance expires, you need to renew it in a timely manner to continue using it.
33.2 If you do not renew your subscription instance after it expires, Alibaba Cloud will stop your operational permissions for that service at the time of expiration and will release your Enterprise Edition instance 7 days after the payment becomes overdue.
33.3 You promise to use the container image synchronization service only for your own use and to comply with applicable export control and other national laws and regulations. You must not use it for any illegal purpose, nor may you use the services of Alibaba Cloud under this Agreement to provide services for the business of any other third party. If you violate this provision, Alibaba Cloud has the right to immediately terminate your use of this service, and you will be responsible for all losses incurred by Alibaba Cloud or any third party.
34 [Platform for AI Service] (referred to as "PAI Service")
34.1 You can choose a subscription or pay-as-you-go model when purchasing.
34.2 In subscription mode, you can choose not to renew upon expiration, to auto-renew upon expiration, or to manually renew upon expiration. The service expires when the service period covered by your prepaid fee ends.
34.2.1 To continue using the PAI service, please renew in advance. You must ensure that the account you bind for renewal has a sufficient balance. If your account balance is insufficient to pay the prepaid service fee, you will not be able to renew, and the renewal will be unsuccessful.
34.2.2 If you do not renew or the renewal is unsuccessful, Alibaba Cloud will suspend the PAI service for you.
34.2.3 If you successfully renew within 15 natural days from the date of service expiration, Alibaba Cloud will restore the PAI service. During this period, Alibaba Cloud may continue to retain the relevant data. Otherwise, Alibaba Cloud will terminate the PAI service starting from the 15th natural day after the service expires. All data you have saved in Alibaba Cloud will be deleted, cleared, and will be permanently unrecoverable.
34.3 Pay-as-you-go is billed based on usage. After you activate the PAI service, billing begins. We will issue bills and deduct fees based on your usage duration and the billing cycle. When you no longer need to use the PAI service, please promptly stop the service to end the billing. Otherwise, you will be responsible for the fees incurred. After you stop the service, you should resume use in a timely manner. If you occupy the service but do not actually use it, Alibaba Cloud has the right to reclaim such resources (including but not limited to deleting all data you have saved in Alibaba Cloud).
34.3.1 You must ensure that your account's available balance is greater than or equal to the bill amount for the previous billing cycle to ensure that Alibaba Cloud can successfully deduct the fee. Otherwise, you will be in an overdue state.
34.3.2 If you successfully pay and clear the overdue bill within 24 hours of being in an overdue state, your service will not be affected. You can still use the PAI service within the 24-hour overdue period, and the service will continue to be billed.
34.3.3 If your overdue status exceeds 24 hours, Alibaba Cloud will suspend the PAI service. If you successfully renew within 15 natural days from the date of the overdue payment, Alibaba Cloud will restore the PAI service. During this period, Alibaba Cloud may continue to retain the relevant data. Otherwise, Alibaba Cloud will terminate the PAI service starting from the 15th natural day after you have been overdue. All data you have saved in Alibaba Cloud will be deleted, cleared, and will be permanently unrecoverable.
34.4 Alibaba Cloud reminds you to renew in advance to continue using the PAI service, or to download or back up your data before the service is suspended.
35 [DataHub]
35.1 From the time of your first overdue payment, you can continue to use Alibaba Cloud DataHub for 24 hours. If you still have not successfully paid and covered the outstanding service fees after 24 hours, Alibaba Cloud will suspend the service, but will continue to store your data and bill you.
35.2 If 7 natural days have passed since Alibaba Cloud suspended the service (from the start time of the suspension on the day the service was suspended to the same time 7 natural days later), and you still have not successfully topped up your account to cover the outstanding service fees, Alibaba Cloud will terminate these terms of service and stop providing the service. At the same time, all data you have saved in Alibaba Cloud DataHub will be deleted, cleared, and cannot be recovered.
36 [DingTalk Enterprise Product]
36.1 All ownership and related intellectual property rights of the DingTalk Enterprise product belong to DingTalk (China) Information Technology Co., Ltd. or its affiliated companies. Except as expressly authorized in this Agreement, DingTalk (China) Information Technology Co., Ltd. or its affiliated companies reserve all copyrights, patent rights, and any other intellectual property rights, other rights, and interests in the DingTalk Enterprise product itself and any part of it.
36.2 The end customer who purchases the DingTalk Enterprise product has a limited, non-exclusive, quantity-limited, non-sublicensable, and non-transferable license to use it within the scope of cooperation.
36.3 You must ensure that you and the end customer do not reverse engineer, disassemble, decompile, extract source code, or perform any other form of conversion on the DingTalk Enterprise product.
36.4 You must ensure that you and the end user do not change or delete any notices and prompts of the DingTalk Enterprise product (for example: DingTalk User Agreement (including "DingTalk Service Agreement", "DingTalk Privacy Policy", and "Legal Statement"), copyright notices, open source software related notices, and DingTalk trademarks). The end user must confirm and agree to comply with the "DingTalk Service Agreement", "DingTalk Privacy Policy", "Legal Statement", and other agreements and rules of DingTalk Enterprise before using it.
37 [DataWorks Service] DataWorks Service (referred to as "DataWorks Service")
37.1 DataWorks service offers both subscription and pay-as-you-go payment models.
37.1.1 Subscription is for a yearly or monthly term. You pay in advance before use. The service will be automatically released upon expiration. To continue using it, you must renew in advance. For specific release and renewal rules, see 37.2.
37.1.2 Pay-as-you-go is billed based on usage. We will issue bills and deduct fees based on your usage duration and the billing cycle. If your account is in an overdue state, your service will be extended for 24 hours, and you will receive notifications at the 12th and 23rd hours after the payment becomes overdue, reminding you to renew as soon as possible. If the overdue state exceeds 24 hours, the service will be suspended.
37.2 You can set the renewal rule for subscription services to: auto-renew upon expiration, do not renew upon expiration, or manually renew upon expiration.
37.3 Alibaba Cloud will send expiration notices to the mobile phone and email address bound to your Alibaba Cloud account on the 7th, 3rd, and 1st day before the expiration of the advanced edition you purchased (Standard, Professional, Enterprise, and Ultimate Edition). If you do not renew before expiration, the functions of the advanced editions will be stopped immediately after expiration, and it will be downgraded to the Basic Edition. For the rules on stopping the specific functions of each edition, see the DataWorks Advanced Edition Expiration Downgrade Function Change List. After the downgrade, the tasks, code, functions, rules, and other DataWorks-related entities you have created will be retained for you in the Basic Edition. If you still need to use an advanced edition, you must log in to the sales page again to repurchase.
37.4 Alibaba Cloud will send expiration notices to the mobile phone and email address bound to your Alibaba Cloud account on the 7th, 3rd, and 1st day before the expiration of the exclusive resources you purchased. If you do not renew before expiration, the services for the resources in the order will be stopped immediately after expiration. After the exclusive resources expire, they will be retained for you for another 7 days. If you still have not completed the renewal within 7 days, the instance will be released.
37.5 After you activate the DataWorks service, you should use it in a timely manner. If you occupy the service but do not actually use it and do not pay any service fees, Alibaba Cloud has the right to reclaim such resources.
37.6 You understand and agree that when using this service, DataWorks will analyze the data during your task execution (such as log data and access record information) and provide you with analysis results. Alibaba Cloud does not promise 100% accuracy of the analysis results. They are for reference only. Please adjust for any undesirable behavior in the analysis results based on your actual business situation. Alibaba Cloud will not be liable for any losses caused by any further actions you take based on the analysis results.
37.7 You understand and agree that Alibaba Cloud will not be liable for any losses caused by delays or failures in sending DataWorks monitoring and alert messages due to telecommunication system failures, Internet network congestion, or alert notification traffic limits.
37.8 You understand and authorize DataWorks to use your computing resources for data identification scanning in the security management module.
37.9 You understand and authorize DataWorks to temporarily store one piece of data from the data identification results as a sample to provide you with data identification results, to help you judge whether correction is needed.
37.10 You understand and authorize DataWorks to use your table schema and access record information to provide you with data management, data security, and other services.
37.11 The DataWorks data security service only covers analysis at some security levels and does not assume any ultimate responsibility for all your security behaviors.
37.12 DataWorks lets you use your own computing resources as task scheduling resource groups or data synchronization resource groups through various forms of network access, which are called "custom resource groups". However, DataWorks cannot guarantee that tasks running on custom resource groups will execute normally, or that data will be correctly saved, imported, and exported. DataWorks is not liable for any system failures caused by the custom resource groups themselves or their related network problems. At the same time, it reserves the right to seek compensation for any related accidents on or off Alibaba Cloud caused by these resource groups.
37.13 You understand and authorize DataWorks to access and use your computing resources through the IP address whitelist you specify and open. DataWorks and Alibaba Cloud are not responsible for any failures of the IP address whitelist engine that are not caused by DataWorks or Alibaba Cloud.
38 [ApsaraDB for MyBase Service]
38.1 In this clause "38", "Service" or "CDDC Service" specifically refers to the Cloud Database Dedicated Cluster (CDDC) service and related technical and network support services that Alibaba Cloud provides to you as displayed on the www.aliyun.com website.
38.2 Alibaba Cloud is only responsible for the O&M of the underlying infrastructure below the database system of the CDDC service and the Alibaba Cloud software (that is, the relevant technical architecture, containers, operating system, and physical machines of CDDC). You are responsible for the operation and maintenance of the application part above the database.
38.3 The CDDC service is a subscription service. The service will be automatically released upon expiration. To continue using it, you must renew in advance. For specific release and renewal rules, see 38.4.
38.4 You can set the renewal rule for subscription services to: auto-renew upon expiration, do not renew upon expiration, or manually renew upon expiration.
38.4.1 If you do not renew before expiration, Alibaba Cloud will suspend the service and freeze the operations of CDDC under your account after expiration, but will continue to store your data and bill you. If 7 days have passed since the service was suspended (from the start time of the suspension on the day the service was suspended to the same time on the 7th day), and you still have not successfully renewed and paid the outstanding service fees, Alibaba Cloud will terminate these terms of service and stop providing the service. At the same time, all data you have saved in Alibaba Cloud will be deleted, cleared, and will be permanently unrecoverable.
38.4.2 You have the right to notify Alibaba Cloud in writing before expiration that you will no longer use the service upon expiration. In that case, Alibaba Cloud will not continue to store your data or bill you after expiration. At that time, Alibaba Cloud will terminate these terms of service and stop providing the service. At the same time, all data you have saved in Alibaba Cloud will be deleted, cleared, and will be permanently unrecoverable.