Agreement of Kingsoft Cloud Service

Last updated:2020-04-14 13:39:04

(Effective date of the version: October 1, 2019)

Thanks for choosing Kingsoft Cloud. Before selecting to use the products and services provided by Kingsoft Cloud, you are advised to carefully read and fully understand the terms and conditions of this Agreement (hereinafter referred to as the “Service Terms”) at first, especially the terms related to the exemption or limitation of liability, jurisdiction and applicable law as well as separate agreements to activate or use a product or a service. Once you have completed “Agree with the Terms and Register” or started to use Kingsoft Cloud Service in other ways, it will mean that you have read and agreed to be bound by the Service Terms. If you do not agree to be bound by the Service Terms or the agreement of any other provisions, you should not go on for the next step, or stop the procedures for registration. Your consent to this Agreement will be deemed as you have known and agreed with all the terms and conditions of the Agreement and you promise to completely comply with the Agreement.

I. General rules
1.1 The Service Terms is a valid contract signed between you and Beijing Kingsoft Cloud Network Technology Co., Ltd. (“Kingsoft Cloud” or “Our company”) in relation to the relevant products or services that you register for or use, which will be binding to both parties.
1.2 If you use or purchase some specific cloud service on the website of Kingsoft Cloud, you are still subject to confirm the corresponding Service Terms of the specific service that you will accept.
1.3 The services hereunder refer to the products that Kingsoft Cloud will provide to you, including but not limited to the cloud computing products currently issued, and other services and products included in the scope of cloud service subsequently released by Kingsoft Cloud. The products and services which have been issued by Kingsoft Cloud as of the date are listed on the official website of Kingsoft Cloud. (http://www.ksyun.com, hereinafter referred to as the “Kingsoft Cloud Website”).
1.4 You can acquire the corresponding cloud service after purchase by registering and entering the Kingsoft Cloud Console. Kingsoft Cloud will continue to innovate and devote itself to providing better experiences to you. You understand and agree that the service model and the essence provided by Kingsoft Cloud can be changed from time to time without giving you any prior notice.
1.5 Kingsoft Cloud shall have the right to change the content of this Agreement according to the forms stipulated in this Agreement. Once there is any change in the Agreement and/or the content of relevant services, it will make the announcement or give notice in any or several forms out of such methods as the webpage announcement, email, system message and text message. If you continue to use the services after the relevant service content of this Agreement has been changed, it will mean that you have fully read, understood, and accepted the amended content, and you will comply with the content of the terms amended.
1.6 You are advised to pay attention to this Agreement and the relevant service content of this Agreement from time to time so as to know the relevant situation on the change timely. If you disagree with the content changed by Kingsoft Cloud, you may cancel the corresponding services. If you did not cancel the services under this Agreement within 30 days after the notification of changed content, you shall be deemed as accepting the change of this Agreement and/or the relevant services. If you continue to use the services provided by Kingsoft Cloud after the notification of changing the content, you shall also be deemed as accepting the corresponding change(s). If you have objections to the content changed, you should cancel the services under this Agreement before the above agreed deadline.

II. Account

2.1 In order to use the services hereunder, you must complete the corresponding account registration procedure and acquire the corresponding account.
2.2 At present, Kingsoft Cloud allows one legal subject to own a number of Kingsoft Cloud accounts, but each Kingsoft Cloud account can only match one legal entity. Subject to the written consent of Kingsoft Cloud, the account(s) you have may not be transferred, gifted, and inherited by others.
2.3 You promise to create the Kingsoft account hereunder with your real identity, and you are a natural person, legal person or other organization with full civil right capability and full capacity for your conduct. You shall assume the corresponding legal liabilities for the information you have provided according to the law and the content of this Agreement.
2.4 When applying for the services hereunder, you are advised to provide real and correct information for the registration (including but not limited to email address, contact telephone, contact address) following the instructions of the Kingsoft Cloud Console. If there is any change to the registration information, you are advised to make the update in a timely manner. You shall bear any loss or additional cost and other legal liability in case of failure to timely, correctly, and completely update the relevant information. Please make sure to provide your real information, as Kingsoft Cloud have the right to investigate your identity information provided for the authenticity and effectiveness by itself or by entrusting a third party. You shall bear all the consequences caused by false information provided.
2.5 Your account and password shall be kept properly, and used correctly and safely. You shall bear all the legal liability as a result of your failure to keep your account and password properly. Kingsoft Cloud will not be responsible for Illegal use of your account and password by others due to personal reasons. Such personal reasons include but not limited to disclosing your account, password and all your registration information to any third party at will, sharing your account with others, installing illegal or unauthentic programs, lending your device on which your account has been logged on to others.
2.6 Where your authorized representative signs this Agreement, Kingsoft Cloud will deem that such representative has obtained your legal and valid authorization and you shall be responsible for the conduct of the authorized representative. Where any other third party gives instruction to Kingsoft Cloud, in case of ensuring that the account and the password are accurate, you shall agree that and Kingsoft Cloud shall have the right to deem that this conduct has been fully authorized, and you shall assume the consequence of such conduct directly.
2.7 When you discover others’ illegal use or embezzlement of your account and password, or the abnormity in using the account, you shall immediately inform Kingsoft Cloud of such situation in an effective manner. You have the right to ask Kingsoft Cloud to suspend the login and use of relevant account. Before Kingsoft Cloud takes any action, it shall not bear any responsibility for this abnormal use.
2.8 You understand and agree that Kingsoft Cloud shall have the right to such operation as inquiring your personal information, freezing, transferring or deducting the money in relation to your capital, transaction and account on the Kingsoft Cloud website in accordance with the requirements of national judiciary, administrative, military, security and other organs (including but not limited to courts, procuratorial or public security organs).
2.9 If you have not officially launched the cloud service, and the test quota of your account has been exhausted or the test period you have applied for has expired, Kingsoft Cloud will reserve the right to release resources and delete all data under your account at any time (subject to the information announced on the official website of Kingsoft Cloud).

III. Your rights, obligations and use specifications

3.1 Without the prior written consent of Kingsoft Cloud, you shall not transfer the rights and interests hereunder to any other third party; the software version, license or right to use acquired on your own equipment shall be dealt with by yourself and you shall bear the corresponding legal liabilities independently.
3.2 If the qualification of operation is required for the business that you engage in, you shall timely complete corresponding procedures and acquire the legal business qualification before using the cloud services. If necessary, relevant written documentation shall be submitted to Kingsoft Cloud.
3.3 You should create or delete the corresponding resources by yourself as required, but you should bear all the service costs generated during the services available.
3.4 As for the IP address (if there is any) allocated by Kingsoft Cloud, you are only entitled to use without the rights to transfer and rent it. You shall configure the host and network strictly according to the stipulations of Kingsoft Cloud. If your configuration is beyond the scope of IP address (if there is any) allocated by Kingsoft Cloud, it shall has the right to cut off the internet access immediately, but you shall bear all the responsibilities for the losses to you and other clients of Kingsoft Cloud.
3.5 As for any resource, technology support and service provided by Kingsoft Cloud, you have no right to transfer, license, gift, or in any other manner, provide this kind of resource, technology support and service to any others for their use/exploit, except for using it for yourself and your own business.
3.6 When using the services hereunder through the service website under this Agreement, you shall not take any action which is possible to cause any adverse impact on the normal functioning of the internet or mobile network by using the service website or the services hereunder; upload, store, display, copy, release, propagate, share, or send data with any illegal and immoral information in any other manner; or illegally upload, store and share other’s works by using the service website or the services hereunder.
3.7 You shall abide by the relevant laws and regulations of the People’s Republic of China. You promise not to use the services hereunder for the following purposes:
(1) Opposing the basic principles established by the Constitution of the People’s Republic of China;
(2) Endangering national unity, sovereignty and territorial integrity;
(3) Leaking state secrets, endangering national security, or damaging the honors and interests of the state;
(4) Inciting ethnic hatred or ethnic discrimination, undermining ethnic unity, or bringing harms to ethnic customs and habits;
(5) Undermining national religious policies and promoting cults and superstitions;
(6) Spreading rumors, and disrupting social order and stability;
(7) Spreading the obscenity or violence, gambling, or instigating crime;
(8) Insulating or slandering others, conducting fraud, false representation or misleading behavior, or using Kingsoft Cloud services to infringe upon others’ legitimate rights and interests;
(9) Endangering social morality or national excellent cultural tradition;
(10) Infringing upon intellectual property rights, personal rights or other legitimate rights and interests of another person, and possessing the content of violating positive public order and customs, or the links point to such content;
(11) Engaging in such illegal Internet activities as suspect “private server” and “plug-in”;
(12) Posting, transmitting, and disseminating unwanted or unsolicited e-mails, electronic advertisements, or e-mails containing harmful information such as reactionary and pornographic materials;
(13) Violating the operation rules on the network, equipment or services connected to Kingsoft Cloud;
(14) Making any change to or attempting to change Kingsoft Cloud and/or the system configuration or the system security provided by Kingsoft Cloud’s partners, including but not limited to using such methods as viruses, Trojan horses, malicious code and phishing to conduct malicious scanning, illegal intrusion, and illegal data acquisition to the website and server;
(15) Establishing or utilizing related equipment, configuration and programs or processes irrelevant to the services used, which results in occupying a large amount of server memory, CPU, or network bandwidth resources, thus bringing a heavy load to Kingsoft Cloud’s systems, other customers’ networks, servers, products and services; further affecting the unobstructed connection of Kingsoft Cloud Services with the Internet or with specific networks, servers, and internal Kingsoft Cloud Services; or lead your own or others’ servers to a breakdown or crash status, and the inaccessibility to other products or services;
(16) Using the technology or other means to disrupt or disarrange the operation of Kingsoft Cloud Services or the use of Kingsoft Cloud Services by others;
(17) Interfering with or attempt to interfere with normal operation of any product or any part or function of Kingsoft Cloud in any manner, or producing, publishing, and disseminating the above tools and methods;
(18) Engaging in any business such as “DNS resolution”, “security services”, “domain name proxy”, and “reverse proxy”, which results in the situation that customers are frequently attacked by themselves (including but not limited to DDoS attacks), and failing to correct such improper act in a timely manner, or failing to eliminate the (negative) impact upon Kingsoft Cloud’s request, which results in (negatively) affecting Kingsoft Cloud service platform or others;
(19) Intentionally or unintentionally violating any applicable law in force;
(20) Collecting and storing personal data of other users;
(21) Conducting other acts deemed by Kingsoft Cloud to be harmful or inappropriate;
(22) Having the contents prohibited by laws and administrative regulations.
3.8 If you use the services hereunder, you will have the access to products or services from any third party. You may also be subject to the relevant terms and conditions of such third party. Kingsoft Cloud will not question or assume any liabilities for such use. This Agreement will not affect your legal relationship with any third party.
3.9 You acknowledge and agree that Kingsoft Cloud affiliates are the third party beneficiaries of the Service Terms hereunder, and those affiliates shall have the right to directly enforce and rely on any provisions granted to them under the terms of this Agreement.

IV. Force majeure and exemption

4.1 You understand and agree that, in the process of using the cloud service, you may encounter the following situations that may cause the services to be interrupted. Kingsoft Cloud will be exempted from the losses under one of the following circumstances:
(1) Force majeure, including but not limited to natural disasters, government actions, adjustments or promulgation of policies as well as of laws and regulations, strikes, unrests, and other unforeseen, unavoidable and insurmountable objective conditions;
(2) The acts or omissions of a basic operator, including but not limited to the technical adjustment of telecommunications sector, destruction of the telecommunications or power lines by others, the installation, modification and maintenance of telecommunications networks or power resources by the telecommunications or electricity sector;
(3) Cyber security incidents, such as the destruction of computer viruses, Trojan horses, other malicious programs, or hacking attacks;
(4) Your improper operation or failure of your computer software, system, hardware and communication lines;
(5) Service interruptions, as a result of a decrease in access speed out of the occasional blockage of the operator’s backbone path, when setting up the server or installing user programs;
(6) Service interruptions resulting from corresponding measures taken in accordance with the regulatory requirements of the relevant government departments, such as the ban or similar notice involving your account, services, and equipment issued by the competent authority;or
(7) Other circumstances that are not the fault of Kingsoft Cloud or beyond its control or reasonably forecasting.

4.2 Due to force majeure, the obligations of both parties in this Agreement will be suspended within the scope of force majeure and its duration. Any party will not be held liable for such suspension of obligations. The party claiming to have suffered force majeure shall notify the other party no later than 15 days after the occurrence of force majeure, accompanied by the written proof of force majeure confirmed by the relevant department, and shall minimize the impact of force majeure. In the event of force majeure, the parties shall immediately negotiate a solution to such problem. If force majeure continues for more than 30 days and has a material adverse effect on the performance of this Agreement, either party may terminate this Agreement.

4.3 Under any circumstances, force majeure shall not discharge your payment obligations.

V. Liabilities for breach of contract

5.1 Unless otherwise stipulated between you and Kingsoft Cloud, Kingsoft Cloud shall have the right to immediately suspend the provision of services hereunder if you fail to pay the service fees as agreed. If the delay exceeds 30 days, Kingsoft Cloud shall have the right to terminate this Agreement immediately, and recover from you in terms of all economic losses it has suffered thereof, and the termination of this Agreement will not relieve you of the responsibility for payment and payment of liquidated damages (if otherwise agreed).

VI. Policies on privacy protection

6.1 Your trust is very important to Kingsoft Cloud. Kingsoft Cloud understands the importance of users’ information security and will take security measures in accordance with laws and regulations to protect the security and controllability of your information. Details are shown in the Statement of Privacy Policies.

VII. Intellectual property

7.1 Unless otherwise stated by Kingsoft Cloud, the intellectual property rights of the text, graphics, other combinations of the Kingsoft Cloud website logo, “Kingsoft Cloud”, other logos on the Kingsoft Cloud website, the name of Kingsoft Cloud services and technical documents are owned by Kingsoft Cloud and its affiliates.

7.2 Kingsoft Cloud respects your intellectual property rights. Unless having obtained your consent, it will not use, modify, copy, publicly disseminate, change, distribute, launch or publicly release the results of your intellectual property rights without authorization.
7.3 In order to help you use the services more conveniently in some circumstances, Kingsoft Cloud may display its reference codes or software (If it is a third-party open source software, you shall comply with the requirements of open source software usage from the relevant third-party). Based on the instructions on the corresponding display page, you may be allowed to download such software, to perform secondary development and other related operations. You understand and promise that the intellectual property rights of such codes belong to Kingsoft Cloud, and expressly state the rights-holder when using them. But Kingsoft Cloud will not be responsible for the issue on whether or not you can use such codes and software in your work and the subsequent consequences.

VIII. Scope and limitation of liability
**8.1 You understand and agree that you shall be responsible for any third-party claims arising from your use of the services, breach of the Service Terms, or any action taken under your account. If such claim causes Kingsoft Cloud and its affiliates, employees, customers and partners to be claimed by a third party, you shall be liable for handling and compensating Kingsoft Cloud and its affiliates for all losses and liabilities suffered therefrom.
8.2 Kingsoft Cloud is only responsible for the scope of liability explicitly stated in this Agreement, but will not be responsible for the losses of your end users and third parties who receive Kingsoft Cloud’s services indirectly through you.
8.3 Kingsoft Cloud hereby reminds you of abiding by the laws of the People’s Republic of China during the use of its services, not endangering network security, and not using the services to engage in the activities that infringe upon the reputation, privacy, intellectual property rights or other legitimate rights and interests of others. Kingsoft Cloud will not assume any liability for your violation or breach of contract in using its services.
8.4 If you use the Kingsoft Cloud website or obtain any products or services from third parties, e.g. service providers on the Kingsoft Cloud Market who rely on the Cloud Market to provide services to you, such providers will be responsible for the services provided. Kingsoft Cloud will not assume any liability for such third-party services.
8.5 If you fail to provide the necessary conditions for the provision of cloud service products hereunder, leading to the unavailability or deferral of cloud service products and services, or defects of the qualities hereof, Kingsoft Cloud will not be liability for this.
8.6 If you obtain the use of products or services from third parties via Kingsoft Cloud services hereunder, you may also be subject to this Agreements of such third parties. Kingsoft Cloud will not question or assume any responsibility for this. This Agreement will not affect your legal relationship with a third party, and the cooperative units shall be held accountable for the quality of the services and products provided by the relevant partners under this Agreement.
8.7 Any penalty, investigation, allegation, claim, or demand arising or resulting from your actions, or any loss caused therefrom, you need to solve it at your own expense and assume the corresponding liabilities. If any third party makes any punishment, investigation, allegation, claim or requirement on account of your actions against Kingsoft Cloud, including Kingsoft Cloud’s suppliers, customers, or employees, you shall bear the corresponding liabilities, while Kingsoft Cloud reserves the right to claim for the loss caused to Kingsoft Cloud by your actions.
8.8 You are advised to fulfill the relevant local regulations in case of need to abide by local laws and regulations due to your specific business reasons when using Kingsoft Cloud services to carry out the corresponding business. You shall bear the losses on account of your failure to comply with the corresponding regulations, and shall bear the losses (if there is any) caused to Kingsoft Cloud.**

IX. Export control

9.1 The parties undertake to abide by the export control laws and regulations of the United Nations, China, the United States, and other jurisdictions applicable to this Agreement. You promise not to use the products or services provided by Kingsoft Cloud for purposes prohibited by applicable export control laws and regulations. Without the permission of the competent authority, you and other individuals or entities authorized by you to use Kingsoft Cloud’s products or services will not provide controlled technologies, software or services to entities or individuals prohibited by applicable export control laws and regulations through Kingsoft Cloud products or services.

X. Termination or dissolution of the Agreement

10.1 Kingsoft Cloud has the right to change the content of the Service Terms and the corresponding service rules, and to make announcements or notifications through its web announcements, emails or text messages. If you continue to use the services after the content of the Service Terms has changed, you are deemed to have fully read, understood and accepted the revised content, and will also comply with the revised terms.

10.2 Kingsoft Cloud will not refund you if it terminates this Agreement that you have already paid due to your reasons. But, it shall have the right to claim compensation if suffering the losses therefrom.
10.3 If Kingsoft Cloud discovers by itself or based on the information from relevant departments, complaints from rights holders, etc. that you have violated relevant laws, regulations, administrative rules, other legal norms or agreements, it shall have the right to terminate your use of related cloud services and you should bear the losses caused by yourself.

10.4 Regardless of the reasons for terminating this Agreement or the cloud services hereunder, Kingsoft Cloud will retain, for 7 days, all data in your cloud service account or any information (if there is any) stored in Kingsoft Cloud server due to use of Kingsoft Cloud services. You shall bear the cloud service fees (if there is any) incurred during the retention period, and settle the fees and complete the migration and backup of all data before expiration of the retention period. Upon expiration of such period, Kingsoft cloud will terminate the services and the service system will automatically delete all your data.

XI. Notice

11.1 The announcement sent by Kingsoft Cloud can be transmitted in one or several ways, such as web announcements, web reminders, e-mails, and station letters, and other important matters may also be conducted in this way.

11.2 The notice shall be deemed as having been delivered to the addressee on the day sent or announced. As a result of special reasons (including but not limited to the e-mail address you provided is invalid, or your mailbox has mail filtering or mail blocking function), your email address provided could not successfully receive the notice sent by Kingsoft Cloud, or you did not notify Kingsoft Cloud in time so that the latter fails to notify you in advance due to such incorrect or changed contacts or relevant contact information provided. In such contexts, Kingsoft Cloud will not bear any liability for such notice failure. No matter whether you have actually received the email, you are deemed to have received the email when the notification is sent to the associated email address of your account.

XII. Applicable law and jurisdiction

12.1 The conclusion, implementation and interpretation of this Agreement and the settlement of disputes should be applicable to the laws of the People’s Republic of China.
12.2 Where any dispute between the parties arising from the content of this Agreement or its implementation, they shall try their best to resolve it through friendly negotiation. When the negotiation fails, you and Kingsoft Cloud agree to submit the dispute to a competent court with the jurisdiction in the registration place of Beijing Kingsoft Cloud Network Technology Co., Ltd..

XIII. Miscellaneous

13.1 One party’s exemption from the other party’s failures for one or more times to perform the obligations under this Agreement will not be interpreted as not to investigate any subsequent breach of the Agreement or failure to perform its obligations hereunder. Where one party continues to perform this Agreement after the other party’s breach of the obligations hereunder, it shall not be deemed as the former’s exemption from the latter’s liability for such breach.

13.2 You may contact Kingsoft Cloud through the customer service department regarding your comments or suggestions on any part of the services or any part of this Agreement.

13.3 Please click http://www.ksyun.com to find the “contact us” information.

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