HTTPDNS Terms of Service
Welcome to the HTTPDNS service.
This Terms of Service constitutes a valid contract between Alibaba Cloud Computing Co., Ltd. ("Alibaba Cloud") and you regarding the HTTPDNS service. Please read the relevant specifications, rules, and usage procedures published on this website, along with the full HTTPDNS Terms of Service, before using the website and accepting the HTTPDNS service. By stamping, clicking to confirm on the web page, or accepting this Terms of Service in other ways, including using the HTTPDNS service provided by Alibaba Cloud without clicking to confirm, you agree to the terms and conditions herein and the relevant specifications, rules, and usage procedures published on this website.
Pay special attention to the limitation and exemption clauses, clauses on user violations and breaches, and jurisdiction choices within this Terms of Service. Limitation and exemption clauses may be highlighted in bold or underlined to draw your attention. Before accepting this Terms of Service, read the entire document carefully. If you have questions about any terms, please contact the relevant Alibaba Cloud business department for clarification. If you do not agree with any part of this Terms of Service or cannot understand Alibaba Cloud's interpretation of the terms, do not proceed with subsequent actions.
- Service Content
1.1 In these terms, "service" refers to the HTTPDNS service and related technical and network support services provided by Alibaba Cloud as displayed on the website www.aliyun.com.
1.2 Alibaba Cloud provides the HTTPDNS service in line with the agreements in these Terms of Service and the relevant service commitments on the Alibaba Cloud website.
- Service Fees
2.1 Service fees are listed and disclosed on your order page. You can select the specific service type and pay according to the listed price.
2.2 You can choose between subscription or pay-as-you-go:
2.2.1 Subscription
2.2.1.1 After payment, Alibaba Cloud will commence service provision. If payment is not made within 7 days of order placement, these Terms of Service and all agreed actions regarding the service become invalid.
2.2.1.2 To continue cooperation after the service period expires, you should pay the renewal fee at least 7 days before the expiration to ensure service continuity. If Alibaba Cloud adjusts the product system, name, or price during renewal, both parties agree to proceed according to the new effective product system, name, or price.
2.2.2 Pay-as-you-go
2.2.2.1 You use the service first and pay later. Refer to the page announcement on www.aliyun.com for specific deduction rules, subject to the billing mode and standards effective at that time as published on the page.
2.2.2.2 You should maintain a sufficient account balance to ensure continuous service use.
2.3 Alibaba Cloud reserves the right not to provide services and/or technical support to you or to terminate services and/or technical support before you pay all agreed fees. Alibaba Cloud also reserves the right to pursue legal responsibility for overdue payment in pay-as-you-go services.
2.4 You understand and agree that Alibaba Cloud has the right to adjust the product system, name, price, billing mode, etc., of the HTTPDNS service from time to time based on business conditions. Alibaba Cloud will make every reasonable effort to notify you of such adjustments and changes in advance through official website announcements, internal notifications, or by sending them to your reserved contact information.
2.5 Alibaba Cloud has the right to launch promotional activities based on its business promotion needs. You fully understand that all promotional activities and business promotion services are one-time special offers provided by Alibaba Cloud. Promotional content does not include modification, update, and maintenance fees for the gifted service items, and the gifted service items cannot be offset against the service price.
3 Rights and Obligations
3.1 Your Rights and Obligations
3.1.1 You understand and guarantee that you will adhere to these Terms of Service and the relevant management specifications and procedures on the service display page. You acknowledge that the content of the aforementioned terms and specifications may change periodically. Modified terms will be published on the website www.aliyun.com. If you disagree with the modifications made by Alibaba Cloud, you have the right to discontinue using Alibaba Cloud's services. If you continue to use Alibaba Cloud services, it will be deemed that you accept the modifications.
3.1.2 You understand and agree that while using this service, you must adhere to the laws of your region (for users outside China) along with relevant Chinese laws, regulations, and policies. This includes, but is not limited to, obtaining all necessary permits or approvals from the appropriate authorities for activities conducted through this service and refraining from any actions that contravene current Chinese laws, regulations, and policies, among others:
3.1.2.1 Not distributing email advertisements or spam: Not using the services provided by Alibaba Cloud to distribute many unwanted or unsolicited emails, electronic advertisements, or emails containing harmful information such as reactionary or pornographic content;
3.1.2.2 Not using the services provided by Alibaba Cloud to publish the following information or content, and not providing any convenience for others to publish such information:
3.1.2.2.1 Political propaganda and/or news information that violates national regulations;
3.1.2.2.2 Information involving state secrets and/or security;
3.1.2.2.3 Feudal superstition and/or obscene, pornographic, vulgar information or information inciting crime;
3.1.2.2.4 Gambling with prizes, gambling games, "private servers," "plug-ins," and other illegal Internet publishing activities;
3.1.2.2.5 Information that violates national ethnic and religious policies;
3.1.2.2.6 Information that hinders the security of Internet operations;
3.1.2.2.7 Information that infringes on the legal rights of others and/or other information or content that is detrimental to social order, social security, and public morality;
3.1.2.2.8 Other content that violates laws, regulations, departmental rules, or national policies;
3.1.2.3 Not engaging in any behavior that damages or attempts to damage network security (including but not limited to phishing, hacking, online fraud, websites or spaces containing or suspected of spreading: viruses, Trojans, malicious code);
3.1.2.4 Not engaging in any behavior that changes or attempts to change the system configuration provided by Alibaba Cloud or damages system security;
3.1.2.5 Not using the services provided by Alibaba Cloud to engage in behaviors that damage the legal rights of Alibaba Cloud, Alibaba Cloud's affiliated companies, or companies within the Alibaba Group, including but not limited to Alibaba, Taobao, Alipay, Alimama, Alibaba Finance, etc. (collectively referred to as Alibaba companies), websites, including but not limited to violating any service agreements/terms, management specifications, transaction rules, etc. published by Alibaba companies, damaging or attempting to damage the fair trading environment or normal trading order of Alibaba companies, websites, etc.
3.1.2.6 Not engaging in other illegal, non-compliant, or behaviors that violate Alibaba Cloud's Terms of Service.
3.1.2.7 If Alibaba Cloud discovers that you violate the aforementioned terms, it reserves the right to take appropriate measures based on the situation, including but not limited to immediately suspending or terminating the service.
3.1.3 You guarantee that you have the legal right to use the domain name corresponding to the use of this service and ensure that you can legally own and control the domain name during the service process. If a third-party organization or individual questions or complains about you, Alibaba Cloud will notify you, and you are responsible for explaining and providing proof materials within the specified time. If you fail to provide contrary evidence or fail to respond within the time limit, Alibaba Cloud has the right to stop resolving the relevant domain name without assuming any responsibility. If you fail to update your contact information in time or the contact information is incorrect, resulting in failure to contact you, it will also be deemed that you have failed to respond within the time limit.
3.1.4 Before using the HTTPDNS service, you should carefully read the relevant service descriptions, technical specifications, usage procedures, etc., displayed on the official Alibaba Cloud page, and understand the relevant content and possible consequences. During the use of the HTTPDNS service, you should follow the relevant operation guidelines, and please control the risks and operate cautiously.
3.2 Alibaba Cloud's Rights and Obligations
3.2.1 Alibaba Cloud shall provide services in accordance with the agreements in these Terms of Service.
3.2.2 During the service period, Alibaba Cloud will provide you with the following customer services:
3.2.2.1 Alibaba Cloud provides 7×24 after-sales fault service for paid users and provides effective contact information for paid users to ensure that paid users can contact the fault contact. The fault contact will provide feedback in a timely manner after identifying the fault;
3.2.2.2 Alibaba Cloud provides a 7×24-hour online ticket service system to answer customer questions during use.
3.2.3 Alibaba Cloud will eliminate faults that occur due to non-human operations, except for reasons caused by you and/or matters beyond Alibaba Cloud's control.
- Use of User Data
4.1 Alibaba Cloud may use the information of the registration account you submitted to send you promotional marketing information for products and services; Alibaba Cloud may detect and record your service usage behavior (excluding your business data) to provide you with security services.
4.2 Your user data may be partially or fully disclosed in the following situations:
4.2.1 With your consent, disclosed to third parties;
4.2.2 Disclosed to third parties or administrative, judicial institutions according to relevant legal provisions or requests from administrative or judicial institutions;
4.2.4 If you violate relevant Chinese laws and regulations, disclosure to third parties is required;
4.2.4 To provide the software or services you requested, it is necessary to share your data with third parties;
5 Intellectual Property
5.1 You should ensure that the use of Alibaba Cloud services and the results generated by using Alibaba Cloud services do not infringe on the legal rights of any third party. If a third party makes a claim or lawsuit against Alibaba Cloud based on copyright infringement, infringement of third-party rights, or violation of Chinese laws and regulations or other applicable laws, you shall compensate Alibaba Cloud for the expenses or losses incurred and hold Alibaba Cloud completely harmless.
5.2 If a third-party organization or individual questions or complains about the ownership of intellectual property rights related to the materials involved in your use of Alibaba Cloud services, you are responsible for providing relevant intellectual property proof materials and cooperating with Alibaba Cloud's relevant complaint handling work.
5.3 You acknowledge that the intellectual property rights of any materials, technology or technical support, software, services, etc., provided by Alibaba Cloud to you belong to Alibaba Cloud or third parties. Except with the explicit consent of Alibaba Cloud or third parties, you have no right to copy, disseminate, transfer, permit, or provide others with the use of the aforementioned resources, otherwise, you shall bear the corresponding responsibilities.
- Confidentiality Clauses
6.1 Confidential information refers to all technical and non-technical information disclosed by one party to the other party (including but not limited to product information, product plans, prices, financial and marketing planning, business strategies, customer information, customer data, research and development, software hardware, API application data interfaces, technical descriptions, designs, special formulas, special algorithms, etc.).
6.2 Either party to these Terms of Service agrees to keep the aforementioned confidential information obtained from the other party confidential and strictly restrict employees who have access to the confidential information to comply with the confidentiality obligations of this article. Unless required by law enforcement agencies or the confidential information has entered the public domain, the party receiving the confidential information shall not disclose it to the public.
6.3 Both parties to these Terms of Service explicitly recognize that their respective user information and business data are important assets and key confidential information. Both parties agree to make every effort to protect the aforementioned confidential information from being disclosed. If a confidential information leakage event is discovered, both parties shall cooperate to take all reasonable measures to avoid or mitigate the consequences of damage.
6.4 This clause shall not become invalid due to the termination of these Terms of Service.
7 Term and Termination
7.1 The service period for Alibaba Cloud to provide you with HTTPDNS services is calculated from the date you activate the HTTPDNS service and is confirmed based on the amount you paid.
7.2 The service period will be terminated early in the following situations:
7.2.1 Both parties agree to terminate early through negotiation;
7.2.2 If you seriously violate these Terms of Service, Alibaba Cloud has the right to terminate the service early and will not refund the fees you have paid (if any), including but not limited to the following situations:
7.2.2.1 Alibaba Cloud terminates the service based on the decision or notice of relevant rights/judicial authorities (including but not limited to courts, domain name arbitration institutions, etc.);
7.2.2.2 Alibaba Cloud suspends or terminates the service provided to you when it discovers that you have engaged in infringing or violating national or local laws and regulations;
7.2.2.3 If you are complained by a third party for infringement and the complainant provides preliminary evidence, Alibaba Cloud may suspend or terminate the service provided to you based on its prudent judgment;
7.2.2.4 If there is a dispute over the domain name used for the resolution service under this section, or if the domain name registration management authority terminates the service;
7.2.2.5 If you violate other provisions of these Terms of Service, Alibaba Cloud terminates the service according to relevant regulations.
7.2.3 If you choose pay-as-you-go service, you should maintain sufficient account balance to ensure the continuous use of the service. If you fail to fulfill the payment obligation as agreed, you can continue to use the HTTPDNS service for 24 hours from the first overdue payment; if you still fail to successfully recharge and pay the overdue service fees after 24 hours, Alibaba Cloud will stop providing services to you, and the resulting losses will be borne by you.
7.2.4 You understand and fully recognize that although Alibaba Cloud has established (and will continue to improve according to technological development) necessary technical measures to defend against harmful network security incidents or behaviors (collectively referred to as such behaviors), including but not limited to computer viruses, network intrusion, and attack destruction (including but not limited to DDOS), due to the limitations, relativity, and unpredictability of network security technology, if your website encounters such behaviors and causes harm to Alibaba Cloud or other networks or servers of Alibaba Cloud (including but not limited to local and foreign and international networks, servers, etc.), or affects the smooth connection between Alibaba Cloud and the international Internet or specific networks, servers, and Alibaba Cloud's internal connections, 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 service time, and you shall still pay the unpaid service fees (if any).
7.2.5 Alibaba Cloud may terminate these Terms of Service by announcing it 30 days in advance on www.aliyun.com or by sending you a website notification or written notice. At that time, Alibaba Cloud shall refund the amount you have paid but not consumed to your Alibaba Cloud account.
- Liability for Breach
8.1 Either party to these Terms of Service shall bear the liability for breach of contract in accordance with the law.
8.2 You understand that, in view of the particularity of computer and Internet services, the following situations do not constitute a breach of contract by Alibaba Cloud:
8.2.1 Alibaba Cloud needs to interrupt the service for a short time when configuring and maintaining the server;
8.2.2 The access speed of your website decreases due to congestion on the Internet.
8.3 If you cannot use the service normally for 72 consecutive hours due to Alibaba Cloud's reasons, you can terminate the service, except for reasons beyond Alibaba Cloud's control.
8.4 In any case, Alibaba Cloud shall not be liable for any indirect, consequential, punitive, incidental, or special damages, including the loss of profits you suffer from using Alibaba Cloud services (even if you have been informed of the possibility of such damages).
8.5 In any case, the total liability for breach of contract assumed by Alibaba Cloud under these Terms of Service shall not exceed the total service fee corresponding to the breach of service.
9 Force Majeure and Accidental Events
9.1 If the performance of these Terms of Service becomes impossible, unnecessary, or meaningless due to force majeure or other accidental events, the party suffering from force majeure or accidental events shall not bear responsibility.
9.2 Force majeure and accidental events refer to objective events that cannot be foreseen, overcome, or avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and social events such as wars, riots, government actions, telecommunications trunk line interruptions, cyberattacks, network congestion, telecommunications department technical adjustments, and government control.
10 Applicable Law and Dispute Resolution
10.1 These Terms ofService is governed by the laws of the People's Republic of China.
10.2 In the event of a dispute arising from the execution of these Terms of Service, both parties shall first seek to resolve the issue through negotiation. If negotiation fails, either party may bring the matter before the People's Court of Xihu District, Hangzhou City.
11 Supplementary Provisions
11.1 The service descriptions, price details, and website registration Terms of Service that you confirm and agree to on the relevant pages of www.aliyun.com form an integral part of these Terms of Service. In the event of any inconsistency between the service descriptions, price details, and website registration Terms of Service on the relevant pages of www.aliyun.com and these Terms of Service, these Terms of Service shall prevail.
11.2 Alibaba Cloud reserves the right to transfer all or part of its rights and obligations under these Terms of Service to Alibaba Cloud's affiliated companies by making an announcement on www.aliyun.com or by sending you a website notification or written notice.
11.3 Should any terms naturally continue to exist upon the termination of this agreement due to their nature or for other reasons, they shall be considered to continue to exist, including but not limited to warranty clauses, confidentiality clauses, intellectual property clauses, applicable law, and dispute resolution clauses.