Terms of Service for Commercial Products
PolarDB-X Service Terms
These Service Terms form a valid contract between you and Alibaba Cloud Computing Ltd. ("Alibaba Cloud") for the Distributed Relational Database Service (PolarDB-X). By stamping, clicking to confirm on a web page, or otherwise accepting these terms, you agree to all of their provisions. Your use of the Alibaba Cloud Distributed Relational Database Service also signifies your acceptance, even if you have not explicitly confirmed them. If there is a conflict between a stamped version of these terms and a version accepted online, the stamped version prevails.
Please pay close attention to the clauses concerning limitations and exemptions of liability, Alibaba Cloud's handling of your violations, and the choice of jurisdiction. These clauses may be highlighted in bold or underlined. Before accepting these terms, you must read them completely. If you have any questions, contact the relevant Alibaba Cloud department for clarification. Do not proceed if you disagree with any part of these terms or do not understand the explanations.
- Service content
1.1. In these terms, "Service" refers to the PolarDB-X service and related technical and network support services that Alibaba Cloud provides at www.aliyun.com. The Service does not include free PolarDB-X instances or free trial features. These free trial features include smooth scale-out, data import, small table replication, distributed secondary indexes, and distributed transactions.
1.2. The services provided by Alibaba Cloud must comply with these Service Terms.
- Service fees
2.1. You can add funds to your Alibaba Cloud account through Alipay, online banking, or other methods to pay for the Distributed Relational Database Service (PolarDB-X). For specific rules, see the announcements at www.aliyun.com.
2.2. The pricing structure for PolarDB-X, including prices and billing models, and the deduction rules are listed on the Alibaba Cloud website at www.aliyun.com. Alibaba Cloud will deduct service fees from your Alibaba Cloud account based on the pricing structure effective at the time of billing.
2.3. Alibaba Cloud reserves the right to suspend or terminate services and technical support if you fail to pay all fees as agreed. Alibaba Cloud also has the right to demand payment for any outstanding service fees incurred before termination.
2.4. You understand that any complimentary services or promotions within the Alibaba Cloud pricing structure are one-time special offers, separate from the standard service price. These offers do not include the cost of modification, updates, or maintenance for the complimentary services. Complimentary services cannot be exchanged for cash or used to offset service fees.
- Rights and obligations
3.1. Your rights and obligations
3.1.1. You agree to comply with these Service Terms and the related management rules and procedures on the service display pages. You understand that these agreements and rules may change. If any part of these Service Terms changes, Alibaba Cloud will notify you 30 days in advance by posting an announcement on an appropriate page at www.aliyun.com. If you do not agree to the changes, you have the right to stop using the Alibaba Cloud services. In this case, you must migrate your business data and settle any outstanding service fees with Alibaba Cloud. If you continue to use the services, you are deemed to have accepted the changes.
3.1.2. You must pay the service fees as prompted on the Alibaba Cloud pages and as specified in these Service Terms.
3.1.3. You promise that:
3.1.3.1. If you use Alibaba Cloud services for commercial or non-commercial activities that require a license or approval from a state authority, you must obtain that license or approval.
3.1.3.2. Unless explicitly permitted by Alibaba Cloud, you must not modify, translate, adapt, rent, sublicense, distribute over information networks, or transfer the services or software provided by Alibaba Cloud. You must not reverse engineer, decompile, or otherwise attempt to discover the source code of the services or software.
3.1.3.3. If the Alibaba Cloud service involves the use of third-party software under license, you agree to abide by the relevant license agreements.
3.1.3.4. You must not distribute email advertisements or spam. You must not use Alibaba Cloud services to send large volumes of unsolicited or unwelcome emails, electronic advertisements, or emails containing harmful information such as reactionary or pornographic content.
3.1.3.5. You must not use Alibaba Cloud resources and services to upload, download, store, or publish the following information or content. You must not facilitate the publication of such information by others, such as by setting up URLs or banner links:
3.1.3.5.1. Political propaganda or news information that violates state regulations.
3.1.3.5.2. Information involving state secrets or security.
3.1.3.5.3. Feudal superstitions, obscene, pornographic, or indecent information, or information that incites crime.
3.1.3.5.4. Illegal Internet publishing activities such as prize-based gambling, gambling games, private servers, or game cheats.
3.1.3.5.5. Information that violates national ethnic and religious policies.
3.1.3.5.6. Information that obstructs the secure operation of the Internet.
3.1.3.5.7. Information that infringes on the legitimate rights and interests of others, or other information or content that is detrimental to social order, public security, or public morals.
3.1.3.5.8. Other content that violates laws, regulations, departmental rules, or national policies.
3.1.3.6. You must not engage in any activity that undermines or attempts to undermine network security. This includes but is not limited to phishing, hacking, online fraud, and websites or spaces that contain or are suspected of spreading viruses, Trojan horses, or malicious code. It also includes using virtual servers to conduct suspected attacks on other websites or servers, such as scanning, sniffing attacks, ARP spoofing, and Denial-of-Service (DoS) attacks.
3.1.3.7. You must not change or attempt to change the system configurations provided by Alibaba Cloud or undermine system security.
3.1.3.8. You must not engage in other illegal or non-compliant activities, or activities that violate Alibaba Cloud's Service Terms.
3.1.3.9. If Alibaba Cloud discovers that you have violated the preceding terms, it has the right to take appropriate action depending on the situation. This includes but is not limited to immediately terminating or suspending the service, or deleting the relevant information. If a third-party organization or individual raises a question or complaint against you, Alibaba Cloud will notify you. You are responsible for providing an explanation and supporting evidence within a specified time. If you fail to provide counter-evidence or fail to respond by the deadline, Alibaba Cloud may take measures including but not limited to immediately terminating or suspending the service, or deleting the relevant information. If Alibaba Cloud cannot contact you because your contact information is not updated or is incorrect, this will be considered a failure to respond by the deadline.
3.1.4. You must not install or use pirated software on the Alibaba Cloud service or platform. You are fully responsible for the consequences of your own actions, such as the software you install and the operations you perform.
3.1.5. You are responsible for the integrity and confidentiality of the data you store on the Alibaba Cloud platform. You are also responsible for the security tokens and passwords used to access and manage various products and services on the platform. You are solely responsible for all losses and consequences arising from the loss or leakage of such data, security tokens, or passwords due to your improper maintenance or lack of confidentiality.
3.1.6. You must submit to Alibaba Cloud a list of contacts and personnel who will manage your network and the products and services on the cloud platform, along with their contact information, and provide necessary assistance. If these personnel change, you must update the information online and notify Alibaba Cloud promptly. You are responsible for any consequences arising from inaccurate, incomplete, or false information you provide, or from the actions or inactions of these personnel.
3.1.7. In accordance with laws and regulations such as the "Measures for the Administration of Internet Information Services", you must keep access logs for your website. This includes the content of published information, its publication time, Internet Protocol (IP) address, and domain name. You must cooperate by providing these records when lawfully requested by state authorities. You bear all legal responsibility for failing to retain these records as required.
3.1.8. You acknowledge that Alibaba Cloud cannot guarantee that its services are free from defects (for example, Alibaba Cloud security products cannot guarantee the absolute security of your hardware or software). However, Alibaba Cloud commits to continuously improving its service quality and service levels. You therefore agree that even if the services provided by Alibaba Cloud contain defects, such defects shall not be deemed a breach of contract by Alibaba Cloud if they are unavoidable given the state of technology at the time. You agree to cooperate with Alibaba Cloud to resolve any such defects.
3.1.9. Before you use the Alibaba Cloud PolarDB-X service, you must carefully read the service description on the Alibaba Cloud website. You must also follow the relevant operational guidelines. You are responsible for assessing risks and proceeding with caution.
3.2. Alibaba Cloud's rights and obligations
3.2.1. Alibaba Cloud must provide services as agreed in the Service Terms.
3.2.2. During the service term, Alibaba Cloud will provide you with the following customer service:
3.2.2.1. Alibaba Cloud provides 7x24 after-sales support for faults to paying users. Alibaba Cloud will provide effective contact methods and ensure that paying users can reach the designated fault contact. The fault contact will provide feedback promptly after identifying the fault.
3.2.2.2. Alibaba Cloud provides a 7x24 online ticket system to answer customer questions about using the service.
3.2.3. Alibaba Cloud is only responsible for the operation and maintenance of the underlying infrastructure below the operating system and the software provided by Alibaba Cloud. This includes the relevant technical architecture and operating system for the Distributed Relational Database Service. 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 system breakdowns. You must assess the risks and proceed with caution.
3.2.4. Alibaba Cloud will resolve faults that are not caused by your actions. This excludes faults caused by you, force majeure events, or matters beyond Alibaba Cloud's control.
3.2.5. Alibaba Cloud must strictly adhere to its confidentiality obligations.
- Preservation, destruction, and download of user data
4.1. Alibaba Cloud may use the information from your registered account to send you marketing information about products and services.
4.2. Your user data may be disclosed in whole or in part under the following circumstances:
4.2.1. With your consent, to a third party.
4.2.2. As required by law or by an administrative or judicial body, to a third party or an administrative or judicial body.
4.2.3. If you violate relevant Chinese laws and regulations, it may be necessary to disclose your data to a third party.
4.2.4. To provide the software or service you have requested, your data must be shared with a third party.
4.2.5. Other disclosures required by law or regulation, or for the public interest.
- Intellectual property
5.1. You must ensure that the materials you submit to Alibaba Cloud, your use of the Alibaba Cloud service, and the results produced from using the service do not infringe upon the legal rights of any third party. If a third party files a claim or lawsuit, or threatens to file a 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 must indemnify Alibaba Cloud for any costs or losses incurred and hold Alibaba Cloud completely harmless.
5.2. If a third-party organization or individual questions or complains about the intellectual property ownership of materials related to your use of the Alibaba Cloud service, you are responsible for providing relevant intellectual property certificates and cooperating with Alibaba Cloud's complaint handling process.
5.3. You acknowledge that the intellectual property rights to any materials, technology, technical support, software, or services provided to you by Alibaba Cloud belong to Alibaba Cloud or a third party. Unless explicitly agreed to by Alibaba Cloud or the third party, you have no right to copy, disseminate, transfer, license, or provide these resources to others for use. Otherwise, you will be held liable.
- Confidentiality
6.1. Confidential Information refers to all technical and non-technical information disclosed by one party to the other. This includes but is not limited to product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, research and development materials, software, hardware, API application data interfaces, technical specifications, designs, special formulas, and special algorithms.
6.2. Each party agrees to keep the other party's Confidential Information confidential. Each party will strictly limit access to such Confidential Information to employees who are bound by the confidentiality obligations of this clause. The receiving party must not disclose the Confidential Information to any outside party, unless compelled by law or a state authority, or if the Confidential Information has entered the public domain.
6.3. Both parties explicitly acknowledge that the Confidential Information is their key confidential information and an important asset. Both parties agree to use their best efforts to protect the Confidential Information from disclosure. If a leak of Confidential Information is discovered, both parties must cooperate and take all reasonable measures to prevent or mitigate the resulting damages.
6.4. This clause survives the termination of these Service Terms.
- Service activation, use, and termination
7.1. You can use the Alibaba Cloud PolarDB-X service from the date of activation.
7.2. You must maintain a sufficient account balance to ensure the continuous use of the service.
7.3. The service will be terminated in the following situations:
7.3.1. Both parties agree to terminate in advance.
7.3.2. Alibaba Cloud terminates the service under these terms due to a change in its own business policy. Alibaba Cloud will provide advance notice through a website announcement, a notice on an appropriate section of the website, an internal message, or a written notice.
7.3.3. Alibaba Cloud has the right to unilaterally terminate the service as stipulated in these terms if you commit a serious breach. A serious breach includes but is not limited to: a. your failure to fulfill payment obligations as agreed, b. a serious violation of the commitments you made in these terms, or c. a serious violation of legal provisions. If you fail to fulfill your payment obligations, Alibaba Cloud will suspend and terminate the service according to the following terms:
7.3.3.1. From the time of the first overdue payment, you can continue to use the Alibaba Cloud PolarDB-X service for 24 hours. If you have not added sufficient funds to cover the overdue fees after 24 hours, Alibaba Cloud will suspend the service and freeze operations for PolarDB-X under your account.
7.3.3.2. If 7 days have passed since the service was suspended (from the moment of suspension on the first day to the same time on the 7th day) and you still have not added sufficient funds to cover the overdue fees, then Alibaba Cloud will terminate these Service Terms and stop providing the service to you.
7.4. You understand and fully acknowledge that although Alibaba Cloud has established (and will continue to improve with technological development) necessary technical measures to defend against network security threats such as computer viruses, network intrusions, and attacks (including but not limited to DDoS) (collectively, "such acts"), the nature of network security technology has its limitations and is relative, and such acts are unpredictable. Therefore, if you encounter such acts and they cause harm to Alibaba Cloud or its other networks or servers (including but not limited to local, remote, and international networks and servers), or affect the connection between Alibaba Cloud and the Internet, or between Alibaba Cloud and specific networks, servers, or its internal network, 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 partial month is counted as a full month), and any remaining balance (if any) will be refunded.
7.5. Alibaba Cloud may terminate these Service Terms by providing 30 days' notice at www.aliyun.com, or by sending you an internal message or written notice. In this event, Alibaba Cloud will refund any amount you have paid but not yet consumed to your Alibaba Cloud account.
- Liability for breach of contract
8.1. Any party that breaches these Service Terms must bear the corresponding liability in accordance with the law.
8.2. You understand that due to the special nature of computers and the Internet, the following situations are not considered a breach by Alibaba Cloud:
8.2.1. Alibaba Cloud needs to briefly interrupt the service for server configuration or maintenance.
8.2.2. Your website access speed decreases due to Internet congestion.
8.2.3. Losses caused by the abnormal functioning of PolarDB-X free trial features. These features include non-billable instances, smooth scale-out, data import, small table replication, distributed secondary indexes, and distributed transactions.
8.3. If, for reasons attributable to Alibaba Cloud, you are unable to use the service normally for 72 consecutive hours, you may terminate the service. This does not apply to causes beyond Alibaba Cloud's control.
8.4. 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.
8.5. In any event, Alibaba Cloud's total liability for breach of contract under these Service Terms will not exceed the total service fee for the service in breach.
- Force majeure
9.1. If the performance of these Service Terms becomes impossible, unnecessary, or meaningless due to a force majeure event or other accident, the party affected by the force majeure or accident will not be held liable.
9.2. Force majeure and accidents refer to objective events that are unforeseeable, insurmountable, and unavoidable, and have a significant impact on one or both parties. This includes but is not limited to natural disasters such as floods, earthquakes, and epidemics, along with social events such as wars, riots, government actions, interruptions of major telecommunication lines, hacking, network congestion, technical adjustments by telecommunication departments, and government regulations.
- Applicable law and dispute resolution
10.1. These Service Terms are governed by the laws of the People's Republic of China.
10.2. In the event of a dispute during the execution of these Service Terms, both parties must attempt to resolve it through timely negotiation. If negotiation fails, either party may file a lawsuit directly with the People's Court of Xihu District, Hangzhou City.
- Miscellaneous
11.1. The service descriptions, price descriptions, and the order page you confirm on the relevant pages of www.aliyun.com are an integral part of these Service Terms. If there is any inconsistency between the service descriptions, price descriptions, and the order page at www.aliyun.com and these Service Terms, these Service Terms will prevail.
11.2. Alibaba Cloud has the right to transfer all or part of its rights and obligations under these Service Terms to an affiliated company of Alibaba Cloud by providing 30 days' notice at www.aliyun.com, or by sending you an internal message or written notice.
11.3. If any clause, by its nature or otherwise, should reasonably survive the termination of this agreement, it will be deemed to continue in effect. These clauses include but are not limited to warranty, confidentiality, intellectual property, applicable law, and dispute resolution clauses.