Last updated：2020-12-29 18:04:15
Thank you for using the service and products provided by Kingsoft Cloud(“Kingsoft Cloud”, “we”, or “us”) on the official website (www.ksyun.com, hereinafter referred to as the “Kingsoft Cloud Website”). Before choosing to use the products and services provided by Kingsoft Cloud, you are advised to carefully read and fully understand all terms and conditions of this Agreement of Kingsoft Cloud Service (hereinafter referred to as this “Agreement”) at first, especially the terms related to the exemption or limitation of liability, and jurisdiction and governing law, as well as separate agreements to activate or use a product or service. By completing “Agree with the Terms and Register” or otherwise using the Kingsoft Cloud services, you have read and agreed to be bound by this Agreement. If you do not agree to be bound by this Agreement or any provision hereof, you shall proceed no further or stop the registration procedures. By agreeing to this Agreement, you have known and agreed to all the terms of this Agreement and you warrant that you are able to comply fully with this Agreement.
1.1 This Agreement is a legally binding agreement between you as a registered member of the Kingsoft Cloud Platform and the relevant Kingsoft Cloud entities (“Kingsoft Cloud”), depending on your location. The Kingsoft Cloud contracting entity that you are contracting with is Kingsoft Cloud Corporation Limited if you are a resident outside the Mainland of China (except the countries of Singapore, the United States of America and Russia) or have indicated that, at the time of your Account registration, your billing address is an address in any jurisdiction outside the Mainland of China (except the countries of Singapore, the United States of America and Russia). If you are a resident in Singapore or have indicated that, at the time of your Account registration, your billing address is an address within Singapore, you are contracting with Kingsoft Cloud PTE.Ltd.If you are a resident in the United States of America or have indicated that, at the time of your Account registration, your billing address is an address in the United States of America, you are contracting with Kingsoft Cloud INC. If you are a resident in Russia or have indicated that, at the time of your Account registration, your billing address is an address within Russia, you are contracting with Kingsoft Cloud LTD.
1.2 This Agreement includes the text of the Agreement of Kingsoft Cloud Service and all rules, notices, announcements, etc. published or to be published on the Kingsoft Cloud Website (collectively, the “Rules”). All the Rules are an integral part of this Agreement, and shall have the same legal effect as this Agreement.
1.3 If you intend to use or purchase a specific cloud service on the Kingsoft Cloud Website, you still need to confirm the acceptance of the corresponding service terms of the specific service, including the corresponding product service agreement, the product service level agreement, and the corresponding instructions under the Documentation section (collectively, the “Service Terms”). By using or purchasing a specific service, you acknowledge that you have read and agreed to the Service Terms.
1.4 The services hereunder refer to the products and services that Kingsoft Cloud provides to you, including but not limited to the cloud computing products that have been launched currently, and other products and services included in the scope of cloud services that may be subsequently launched by Kingsoft Cloud. The products and services which have been launched by Kingsoft Cloud as of the date are listed on the Kingsoft Cloud Website.
1.5 You may purchase the corresponding cloud services by registering and logging in the Kingsoft Cloud console. Kingsoft Cloud will continue to innovate and devote itself to providing you with better experience. You understand and agree that the service form and content provided by Kingsoft Cloud may be changed from time to time without prior notice.
1.6 Kingsoft Cloud reserves the right to change the content of this Agreement in the manners agreed herein. In the event of any change to this Agreement and/or the relevant service content, such change will be announced or notified by Kingsoft Cloud in any or more of the ways such as webpage announcement, email, system message, and text message. By continuing to use the services upon change of the relevant content of this Agreement, you have fully read, understood, and accepted the amended content, and will comply with the content of the amended terms.
1.7 You are advised to pay attention to this Agreement and the relevant service content hereunder from time to time so as to keep track of relevant changes. If you do not agree to the content changed by Kingsoft Cloud, you may cancel the corresponding service. If you fail to cancel the services hereunder within thirty (30) days upon notification of the changed content, you shall be deemed to have accepted the changes of this Agreement and/or related services. If you continue to use the services provided by Kingsoft Cloud upon notification of the changed content, you shall be deemed to have accepted the relevant changes. If you have objections to the content changed, you should cancel the services under this Agreement before the above agreed deadline.
2.Registration and 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 entity to own more than one Kingsoft Cloud account, but each Kingsoft Cloud account can only match one legal entity. The account that you own shall not be traded, transferred, lent, leased, gifted, or inherited in any way. Otherwise, you shall solely bear all the consequences, losses, and liabilities arising therefrom, unless the law otherwise provides or the competent judicial or administrative authority otherwise requires, and you provide qualified documents and materials in accordance with the requirements of the Kingsoft Cloud Website and complete relevant procedures as required upon our consent.
2.3 You undertake that you will register and activate a Kingsoft account hereunder with your real identity, and that you are a natural person, legal person, or other organization with full capacities for civil rights and acts, and bear legal liability for the information provided in accordance with the law and this Agreement.
2.4 When you apply for using the services hereunder, please provide authentic, accurate, complete, and valid registration information (including but not limited to email address, phone number, contact address, and other contact information) to Kingsoft Cloud as prompted by the Kingsoft Cloud console. Please promptly update your registration information if there is any change therein. You shall solely bear any loss or additional expenses and other legal liability caused to you as a result of your failure to update the relevant information in a timely, accurate, and complete manner. Please provide your authentic information, and Kingsoft Cloud has the right to review or authorize a third party to review the authenticity and validity of the identity information you provide. If you provide any false information, you shall bear all the consequences arising therefrom.
2.5 Your account is the only certificate for you to use the Kingsoft Cloud Website. After successful registration, you will obtain account information such as account name and password. All actions that occur under your account shall be deemed as your actions. You shall properly keep and correctly and safely use your account, and shall solely bear any legal liability arising from your failure to properly keep your account and password. Kingsoft Cloud will not be responsible for illegal use of your account and password by others due to your personal reasons, including 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 to others.
2.6 Where your authorized representative signs this Agreement, Kingsoft Cloud will deem him or her as your duly authorized representative and you shall be responsible for the actions of the authorized representative. Where any third party gives an instruction to Kingsoft Cloud, if the account and password provided are confirmed as accurate, you agree that and Kingsoft Cloud has the right to deem that such action has been fully authorized by you and you shall assume all resulting consequence directly.
2.7 When you discover the illegal use or misappropriation by any third party of your account and password, or any other abnormal circumstances, you shall immediately notify Kingsoft Cloud in an effective manner, and you have the right to request Kingsoft Cloud to suspend the login and use of your account. Kingsoft Cloud shall not bear any responsibility therefor before it takes any action.
2.8 You understand and agree that, upon request by competent authorities such as the national judiciary, administrative, military, or security authorities (including but not limited to courts, procuratorates, and public security organs), Kingsoft Cloud has the right to perform operations such as inquiring your personal information, freezing your Kingsoft Cloud account and transactions on the Kingsoft Cloud Website, and transferring or deducting the balance from your Kingsoft Cloud account.
2.9 If you have not officially activated the cloud services, and the test quota of your account has been exhausted or the test period for which you have applied has expired, Kingsoft Cloud reserves the right to release resources and delete all data under your account at any time.
3.1 Without the prior written consent of Kingsoft Cloud, you shall not transfer the rights and interests hereunder to any third party; and you shall solve the version, license, or right of use of the software required on your own devices by yourself and bear the corresponding legal liability independently.
3.2 If you are required to obtain a business license to conduct business, you shall timely complete relevant formalities and obtain the legal business license before using the cloud services. If necessary, you shall provide relevant written certification to Kingsoft Cloud.
3.3 You shall activate or delete the corresponding resources by yourself according to your needs, and bear all service fees incurred in activating the services.
3.4 You only have the right to use, rather than to transfer or lease, the IP address (if any) allocated by Kingsoft Cloud. You shall configure the host and network in strict accordance with the regulations of Kingsoft Cloud. If your configuration is beyond the scope of the IP address (if any) allocated by Kingsoft Cloud, Kingsoft Cloud has the right to cut off the Internet access immediately, and you shall be fully liable for the losses thus caused to you and other clients of Kingsoft Cloud.
3.5 You can use any resources, technical support and services provided by Kingsoft Cloud only for your own purposes or your business operations and shall not transfer, license, gift, or otherwise provide the same to any third party for use or exploitation.
3.6 When using the services hereunder through the service website under this Agreement, you shall not:
(1) take any action which may cause any adverse impact on the normal functioning of the Internet or mobile network by using the service website or the services hereunder; or
(2) upload, store, display, reproduce, release, disseminate, share, or otherwise transmit any data containing any illegal or immoral information or illegally upload, store, and share others’ 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 warrant that you shall not 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) Providing any content that infringes upon any intellectual property rights, personal rights, or other legitimate rights and interests of any third party or violates good public order and customs, or any link that points to such content;
(11) Engaging in illegal Internet activities such 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 or pornographic information;
(13) Violating the operation rules on the network, equipment, or services connected to Kingsoft Cloud;
(14) Performing any operation that changes or attempts to change the system configuration or damages or attempts to damage the security of the system provided by Kingsoft Cloud or Kingsoft Cloud’s partners, including but not limited to performing malicious scanning, illegal intrusion, and illegal data acquisition on the website and server by means of viruses, Trojan horses, malicious code, phishing, or otherwise;
(15) Establishing or utilizing related equipment and configuration to run 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, or services, or affecting the smooth connection of Kingsoft Cloud services with the Internet or with the specific networks, servers, or internal Kingsoft Cloud services, or leading your own or others’ servers to a breakdown or crash status, or the inaccessibility to others’ products or services;
(16) Using the technology or other means to disrupt or disarrange the operation or use by others of Kingsoft Cloud services;
(17) Interfering with or attempting to interfere with normal operation of any product of Kingsoft Cloud or any part or function thereof 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 makes it susceptible to attacks (including but not limited to DDoS attacks), and failing to correct such improper acts in a timely manner, or failing to eliminate the negative impact upon Kingsoft Cloud’s request, which negatively affects 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 that Kingsoft Cloud deems harmful or inappropriate;
(22) Providing any other content prohibited by laws and administrative regulations.
If we discover your violation of the above provisions by ourselves or according to the information of relevant departments, complaints of rights holders, etc., we have the right to take one or more of the actions according to the circumstances, including but not limited to:
(1) requiring you to replace or modify the content by yourself;
(2) directly deleting or blocking the relevant content or disconnecting the link, etc.;
(3) restricting or suspending your use of the cloud services (including but not limited to directly removing certain services available to you and recovering relevant resources, and restricting the operation of your account);
(4) terminating your use of the cloud services, or terminating this Agreement; and/or
(5) taking legal actions against you.
3.8 If you use the services hereunder, you will have 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 such third party.
3.9 You acknowledge and agree that Kingsoft Cloud affiliates are 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.
3.10 In case that you violate legal provisions or any of the circumstances specified herein, Kingsoft Cloud has the right to suspend or terminate the provision of services, keep relevant records, and report to the competent government authorities in accordance with relevant provisions, and you shall bear all consequences and liabilities arising therefrom. Meanwhile, Kingsoft Cloud has the right to terminate this Agreement without bearing any liability.
3.11 You shall warrant that the software you provide and use when using the services provided by the Kingsoft Cloud Website is legal and does not infringe upon the rights and interests of any third party. If any third party claims that the software that you use infringes upon the ownership, intellectual property rights, or any other legitimate rights and interests of the third party, you shall be solely responsible for settling such issue and indemnify Kingsoft Cloud for all expenses and losses incurred thereby.
3.12 You shall be solely responsible for any and all consequences arising from your personal reasons during your use of the services provided by the Kingsoft Cloud Website. If Kingsoft Cloud assumes any liability or suffers losses as a result of any illegal or infringing act or content related to your use of the services provided by the Kingsoft Cloud Website, you shall be solely responsible for settling such issue and indemnify Kingsoft Cloud for all losses thus incurred. Meanwhile, Kingsoft Cloud has the right to terminate this Agreement.
4.Fees and Payment
4.1 You shall pay us for the services ordered and/or used in accordance with the pricing and payment methods and the Rules specified on our website or the applicable orders. You shall pay according to the payment method and currency acceptable to us. The name of the payer shall be the same as the name that you used to register your Kingsoft Cloud account or the name that you used in real-name authentication, otherwise you shall bear all consequences of financial compliance risks arising therefrom.
4.2 You acknowledge and agree that we may adjust your payment frequency or method if we reasonably believe that there is any fraud or that you may have breached your payment obligation.
4.3 If you pay for the products in advance or in real time, and the actual fees incurred exceed the amount that you have paid for whatever reason (such as the fees incurred in your continued use of the services during a specific period after the services are closed down), Kingsoft Cloud has the right to claim payment against you, and you shall pay according to the amount payable.
4.4 You may not be charged temporally for the products or services that you purchase for some reason (such as during the public beta period). However, Kingsoft Cloud does not rule out the possibility of charging for such products or services in the future, and will notify you by email, system message, or text message of the specific charge policy and standard ten (10) calendar days in advance. If you still use the services, you shall pay according to the then-current charge policy and standard and shall comply with the effective Service Terms published by Kingsoft Cloud at that time.
5.User Privacy, Security, and Storage
5.2 You may specify the storage area for your business data or content data. Without your consent, we will not migrate your content from the territory you select, except as required by any law, regulation, or government policy or order.
6.1 “Confidential Information” referred to herein means all the information disclosed or provided by Kingsoft Cloud to you, trade secrets related to the business of Kingsoft Cloud and its affiliates, which are obtained, known, or exchanged by you from the Kingsoft Cloud Website as a result of trust and partnership, and all other information not known to any third party, including but not limited to:
(1) operational data, transaction data, user information (e.g., user ID, user list, and user relationship), technical data, financial information, operating channels, plans, software, manual, etc. of Kingsoft Cloud and its affiliates;
(2) information that Kingsoft Cloud and its affiliates obtain from third parties and are obliged to keep confidential;
(3) any other confidential or proprietary information; and
(4) other information that is usually not known to people outside Kingsoft Cloud and its affiliates or is not officially disclosed in the public domain.
Both parties agree that all the above information is confidential and is of great importance and commercial value to Kingsoft Cloud and its affiliates, and that any disclosure or improper use of such information will cause serious impacts on and economic losses to Kingsoft Cloud and its affiliates. You agree to keep the above Confidential Information strictly confidential. If you cannot determine whether certain information is confidential, you shall protect such information as Confidential Information.
6.2 In order to avoid unnecessary disputes, Confidential Information referred to herein shall exclude information that:
(1) is already known to the public without your breach of this Agreement;
(2) you have owned or been aware of before receipt from Kingsoft Cloud but are not obliged to keep confidential; and
(3) you obtain from a third party having no obligation of confidentiality with respect thereto.
6.3 Kingsoft Cloud is not liable for the authenticity, applicability, completeness, and rationality of Confidential Information, and makes no representations or warranties with respect thereto, whether expressed or implied. Kingsoft Cloud is not liable for your use of Confidential Information.
6.4 Use and Protection of Confidential Information:
6.4.1 You shall undertake that you will use Confidential Information in accordance with the specified requirements of the services, within the specified territory, and under the specified scenarios; and that you shall not obtain or use Confidential Information in any way that does not meet the requirements, nor shall you imitate, reverse engineer, decompile, or attempt to decipher the source code and potential information of Confidential Information, nor shall you disclose, disseminate, sell, or transfer to any third party, or otherwise use for any commercial purpose or for any commercial gain, Confidential Information in any way. If Kingsoft Cloud has additional requirements for some of the services that you use (or the services provided by other data platforms which are involved in the services used), you shall comply with all of the above requirements at the same time or may use such services only after the above requirements are met.
6.4.2 You shall consciously protect the above Confidential Information and take all necessary security measures. If you use or disclose Confidential Information in breach of this Agreement, you shall assist Kingsoft Cloud in various ways to recover Confidential Information and prevent further disclosure of or infringement upon Confidential Information.
6.5 Confidentiality period: You shall be obligated to keep the confidentiality of Confidential Information from the effective date of this Agreement until such Confidential Information is publicly disclosed by Kingsoft Cloud or its affiliates.
7.Intellectual Property Rights
7.1 Unless otherwise stated by Kingsoft Cloud, the intellectual property rights in the Kingsoft Cloud Website logo, “Kingsoft Cloud”, and other words, devices, and combinations thereof, as well as other marks of the Kingsoft Cloud Website and the names, technical documentation, etc. of the Kingsoft Cloud services, shall vest in and be owned by Kingsoft Cloud and its affiliates. Unless you have obtained the written consent of Kingsoft Cloud, you shall neither publicly disclose your partnership with Kingsoft Cloud, nor use any website logos, words, devices, and combinations thereof relating to Kingsoft Cloud for publicity, promotion, or any other commercial activity.
7.2 Kingsoft Cloud respects your intellectual property rights, and will not use, modify, copy, publicly disseminate, change, distribute, release, or publish the results in which you own the intellectual property rights without your consent.
7.3 In order to help you use the services more conveniently in some circumstances, Kingsoft Cloud may display our reference codes or software (if the software is the open-source software of a third party, you shall follow relevant instructions for such software). Based on the instructions on the relevant page, you may be allowed for relevant operations such as downloading and secondary development of software. You understand and undertake that the intellectual property rights of such codes belong to Kingsoft Cloud, and shall expressly state the rights-holder when using them. 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.
8.Liability for Breach of Contract
8.1 Both parties shall abide by this Agreement. If either party breaches this Agreement, causing losses to the other party, the breaching party shall indemnify the non-breaching party for such losses.
8.2 Unless otherwise agreed by both parties, Kingsoft Cloud has the right to take one or more of the following measures at any time with respect to your breach of any obligations, undertakings, warranties, or any other content of this Agreement or the Rules of the Kingsoft Cloud Website which shall be fulfilled by you, based on the circumstances of the breach, especially the losses caused to Kingsoft Cloud, other users, or related third parties:
(1) Restricting or suspending your use of the corresponding services (including but not limited to directly restricting or suspending some of the services and recovering relevant resources, and restricting the operation of your account);
(2) Terminating your use of all services, or terminating this Agreement; and/or
(3) Taking legal actions against you.
8.3 If Kingsoft Cloud discovers any abnormal use of your account, including but not limited to frequent login in a short time or frequent change of the IP address for login, Kingsoft Cloud has the right to take restrictive measures to suspend the use of your account in order to maintain the security of your account and the platform. During the suspension period, you may make a written explanation to Kingsoft Cloud and submit relevant certificates. Kingsoft Cloud will verify and confirm your explanation and certificates, and make a decision such as resuming the use of your account or maintaining the suspension thereof, or hold you liable for breach of contract in accordance with this Agreement.
8.4 If the Kingsoft Cloud Website suffers any losses, or receives any claim from any other user or any other third party or any punishment from any administrative authority as a result of your violation of relevant laws and regulations, this Agreement, or relevant Rules, you shall indemnify the Kingsoft Cloud Website, the other user, or the related third party for the losses arising therefrom in full amount (including reasonable attorney fees and other necessary fees).
8.5 You agree that any unauthorized use or disclosure of Confidential Information will cause irreparable loss and significant infringement to Kingsoft Cloud and/or its affiliates. In addition to all statutory indemnities, Kingsoft Cloud and/or its affiliates shall have the right, based on reasonable judgment, to apply to the competent people’s court for injunctive or other appropriate relief with respect to any actual or potential breach of this Agreement. You shall be liable for indemnifying Kingsoft Cloud and/or its affiliates against and from all possible losses and infringements due to your breach of contract. Moreover, Kingsoft Cloud reserves the right to terminate this Agreement upon notice to you.
8.6 Notwithstanding anything to the contrary contained herein, Kingsoft Cloud shall not be liable for your loss of anticipated interest, loss of goodwill, loss or corruption of data, or any other losses resulting from any breach of this Agreement.
8.7 Unless otherwise agreed upon by you and Kingsoft Cloud, Kingsoft Cloud has the right to immediately suspend the provision of the services hereunder to you if you fail to pay the fees hereunder to Kingsoft Cloud as agreed. If the delay exceeds thirty (30) days, Kingsoft Cloud has the right to terminate this Agreement immediately, and claim compensation from you for any and all economic losses thus caused to Kingsoft Cloud. Furthermore, the termination of this Agreement will not relieve you from the responsibility for payment of such fees and liquidated damages (if any).
9.Scope and Limitation of Liability
9.1 You understand and agree that you shall be liable for any third-party claim arising from your use of the services, breach of the Service Terms, or any action that occurs under your account. If Kingsoft Cloud and its affiliates, employees, customers, or partners receive any claim from any third party as a result thereof, you shall be liable for handling such claim, and indemnifying Kingsoft Cloud and its affiliates against and from all losses and liabilities arising therefrom.
9.2 Kingsoft Cloud shall assume liability only within the scope of liability specified in this Agreement, but shall not be labile for the losses of your end users and third parties who receive Kingsoft Cloud services indirectly through you.
9.3 Kingsoft Cloud hereby reminds you that during your use of Kingsoft Cloud services, you shall abide by the laws of the People’s Republic of China, and shall not endanger network security, nor use the Kingsoft Cloud services to engage in activities that infringe upon the reputation, privacy, intellectual property rights, or other legitimate rights and interests of others. Kingsoft Cloud shall not bear any liability for your violation of laws or breach of contract during the use of Kingsoft Cloud services.
9.4 If you obtain any products or services from third parties through the use of the Kingsoft Cloud Website, e.g., service providers on the Kingsoft Cloud Marketplace provide services to you through the cloud marketplace, such providers will be responsible for the services provided, and Kingsoft Cloud will not assume any liability for such third-party services.
9.5 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 thereof, Kingsoft Cloud will not assume any liability for this.
9.6 If you obtain a product or service from a third party via a Kingsoft Cloud service hereunder, you may also be subject to the agreement of such third party, and Kingsoft Cloud will not question or assume any liability for this. This Agreement will not affect your legal relationship with such third party, and the relevant partner hereunder shall be liable for the quality of the product or service provided by such partner.
9.7 You shall settle, at your own expense, any punishment, investigation, accusation, claim, or demand arising from or caused by your actions, or any loss arising therefrom, and bear the corresponding liability on your own. If your action results in any punishment, investigation, accusation, claim, or demand from any third party against Kingsoft Cloud, including Kingsoft Cloud’s suppliers, customers, or employees, you shall bear the corresponding liability, and Kingsoft Cloud reserves the right to claim compensation from you for the loss thereby sustained by Kingsoft Cloud.
9.8 If you need to comply with local laws and regulations due to your specific business that is conducted using the Kingsoft Cloud services, you shall comply with the applicable local laws and regulations. You shall be liable for the losses caused to you due to your failure to comply with the applicable laws and regulations, and shall be liable for the losses (if any) thereby caused to Kingsoft Cloud.
10.Force Majeure and Exemption of Liability
10.1 You understand and agree that, in the process of using the cloud services, you may encounter the following circumstances that may result in service interruptions. Kingsoft Cloud will be exempted from the liability for losses caused to you under any of the following circumstances:
(1) Force majeure, including but not limited to natural disasters, government actions, adjustments or promulgation of policies, laws, or regulations, strikes, unrests, and other unforeseeable, 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, and 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, or other malicious programs, or hacking attacks;
(4) Your improper operation or the 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, during server configuration or user program installation;
(6) Service interruptions resulting from corresponding measures taken in accordance with the regulatory requirements of the competent authority, such as the ban or similar notice involving your account, services, or devices issued by the competent authority; and
(7) Other circumstances that are not caused by the fault of Kingsoft Cloud or cannot be controlled or reasonably foreseen by Kingsoft Cloud.
10.2 In the event of a force majeure event, the obligations of the parties hereunder shall be suspended within the scope and duration of such force majeure event. Neither party will be held liable for such force majeure event. The party claiming a force majeure event shall, no later than fifteen (15) days upon occurrence of such force majeure event, notify the other party of the force majeure event and provide the other party with a written certificate of the force majeure event confirmed by the relevant authority, and shall strive to minimize the impact of such force majeure event. In case of a force majeure event, both parties shall immediately negotiate a solution. If such force majeure event lasts more than thirty (30) days and has a material adverse impact on the performance of this Agreement, either party may terminate this Agreement.
10.3 In no event shall a force majeure event release you from your payment obligation.
11.1 Both parties undertake to abide by the export control laws and regulations of the United Nations, China, the United States, and other countries applicable to this Agreement. You undertake not to use the products or services provided by Kingsoft Cloud for purposes prohibited by applicable export control laws and regulations, and that, without the permission of the competent authorities, you and other individuals or entities authorized by you to use Kingsoft Cloud products or services will not provide controlled technologies, software, or services to the entities or individuals prohibited by applicable export control laws and regulations through Kingsoft Cloud products or services.
12.Termination or Rescission of this Agreement
12.1 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 webpage announcements, emails, or text messages. By continuing to use the services upon change of the relevant content of the Service Terms, you have fully read, understood, and accepted the amended content, and will comply with the amended terms.
12.2 We will not refund to you any fees that you have paid if we terminate this Agreement due to your reasons, and shall have the right to hold you liable for any losses thereby sustained by Kingsoft Cloud.
12.3 If we discover by ourselves 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, we shall have the right to terminate your use of related cloud services and you shall bear the losses caused by yourself.
12.4 Upon termination of this Agreement or the cloud services provided by Kingsoft Cloud for any reason whatsoever, Kingsoft Cloud will retain, for seven (7) days, all data in your cloud service account or any information (if any) stored in the Kingsoft Cloud server due to your use of the Kingsoft Cloud services. If the retention period is specified in a specific contract between you and us, we shall abide by the contract. You shall bear the cloud service fees (if 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 the retention period, Kingsoft cloud will terminate the services and the service system will automatically delete all your data.
13.1 Kingsoft Cloud may send you a notice in one or more of the ways, such as webpage announcement, webpage prompt, email, text message, telephone, and system message, and may handle other important matters in any such ways.
13.2 A notice shall be deemed to have been served on the addressee on the day it is sent or announced. Kingsoft Cloud shall assume no liability if your email address fails to successfully receive a notice sent by Kingsoft Cloud via the email address provided by you due to special reasons (including but not limited to invalid email address provided by you, or mail filtering or mail blocking function set on your mailbox), or if Kingsoft Cloud fails to notify you in advance due to incorrect contact person or other relevant contact information provided by you or your failure to notify Kingsoft Cloud of your changed contact information in a timely manner. You are deemed to have received the email when the notice is sent to the associated email address of your account, regardless of whether you have actually received it.
14.Governing Law and Jurisdiction
14.1 The conclusion, implementation, and interpretation of this Agreement and the settlement of disputes shall be governed by the laws of the People’s Republic of China.
14.2 Where any dispute between the parties arises from the content of this Agreement or the implementation hereof, the parties shall try their best to resolve it through friendly negotiation. If no agreement is reached through negotiation, you and Kingsoft Cloud agree to submit the dispute to a competent court in the registration place of Beijing Kingsoft Cloud Network Technology Co., Ltd.
15.1 No waiver by either party of one or more breaches by the other party in the performance of any provision of this Agreement shall be construed as a waiver of any subsequent breach or nonperformance of this Agreement. Either party’s continued performance of this Agreement after the other party’s breach of this Agreement shall not be construed as its waiver of such breach by the other party.
15.2 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.
15.3 For “Contact Us”, please click http://www.ksyun.com.
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