Kingsoft Cloud Product Terms of Service

Last updated:2020-12-31 16:15:22

These Kingsoft Cloud Product Terms of Service (the “Product Terms”) describe the general and specific terms and conditions applicable to your purchase and use of the products and services (the “Products”) offered or made available through the website currently located at the URL: www.ksyun.com (the “Kingsoft Cloud Platform”).

1.Application and Acceptance of the Product Terms

1.1 These Product Terms apply to your purchase and/or use of the Products on the Kingsoft Cloud Platform.

1.2 By purchasing and/or using the Products, you agree to accept and be bound by these Product Terms. You may be required to enter into a separate agreement, whether online or offline, with Kingsoft Cloud or Kingsoft Cloud’s affiliate for i) use of the Kingsoft Cloud Platform; or ii) purchase of the Products or any other products or services offered by Kingsoft Cloud (“Additional Agreements”). If there is any conflict or inconsistency between these Product Terms and any Additional Agreement, the Additional Agreement shall take precedence over the Product Terms only in relation to the portion of the Products governed by the conflicting Additional Agreements.

1.3 Please do not purchase and/or use the Products if you do not agree and accept all of the Product Terms and/or Additional Agreements (if applicable).

1.4 You acknowledge and agree that Kingsoft Cloud may amend the Product Terms at any time by posting the relevant amended and restated Product Terms on the Kingsoft Cloud Platform. By continuing to use the Products after the posting of the amended and restated Product Terms, you agree that the amended Product Terms will apply to you.

1.5 You acknowledge and agree that Kingsoft Cloud offer the products and services according to the Service Level Agreement(“SLA”),and the SLA only applies to your purchase and use of the Services for a fee, and shall not apply to any free Services or trial Services provided by us.

2.Contracting Entity and Account

2.1 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.

2.2 You must register as a member of the Kingsoft Cloud Platform in order to purchase and/or use the Products. The registration and use of your account with the Kingsoft Cloud Platform is governed by the terms of the Agreement of Kingsoft Cloud Service. You shall ensure that any and all information you provide to Kingsoft Cloud through the Kingsoft Cloud Platform is true, accurate, correct, complete, and not deceptive, fraudulent or misleading.

3.General Product Terms

The following General Product Terms are applicable to the purchase and/or use of all Products offered on the Kingsoft Cloud Platform:

3.1 Benefits, features and functions available to you for any of the Products may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available in all countries and regions or for all users. Kingsoft Cloud may in its sole discretion limit, deny or create different level of access to and use of any the Products (or any features comprised therein) with respect to different users.

3.2 Kingsoft Cloud may launch, change, upgrade, impose conditions to, suspend, or stop offering any Product (or any features or functions within the Products), including sign-on procedures and requirements, and the manner of access to any Product (including any URLs used in connection therewith) without prior notice. Kingsoft Cloud may also in its discretion, and after reasonable prior notice to you, relocate, suspend or cease operations at any data center. In the event of such relocation, suspension or termination of operations, you may need to change or update configurations of any affected Products, and will be responsible for any failure to change or update your configurations in the time period provided in the notice.

3.3 You agree, upon Kingsoft Cloud’s request, to cooperate with Kingsoft Cloud to identify and resolve any problems with the Products that Kingsoft Cloud reasonably believes to be attributable to you.

3.4 You may not transfer outside the Services any software (including related documentation) you obtain from us or third party licensors in connection with the Services without specific authorization to do so.

3.5 As a condition of your purchase and/or use of the Products, you agree that you will comply with all applicable laws and regulations for using the Products (including without limitation, any applicable data protection, import, re-import, export, strategic goods control, and re-export control laws, including any applicable license requirements, and international or country-specific sanctions programs). If Kingsoft Cloud has reason to believe that any of your conduct violates the law, infringes or misappropriates the rights of any third party or is otherwise deceptive, fraudulent or misleading, Kingsoft Cloud may at its sole discretion notify you of our awareness of such circumstances and may at its sole discretion take any relevant enforcement actions against you as deemed adequate and necessary in light of the circumstances, including but not limited to, requesting you to remove any unlawful content, disabling or suspending your right to use any Products, restricting your access to the Kingsoft Cloud Platform, suspending or terminating your Account, etc. Notwithstanding any of the foregoing provisions, Kingsoft Cloud shall have the right to directly remove any content on the Kingsoft Cloud Platform that may be unlawful or may disrupt, threaten, or damage the operation and functioning of the Kingsoft Cloud Platform or other users of the Kingsoft Cloud Platform.

3.6 Some Products require the processing of personal data of your customers or employees. You agree that it is solely your responsibility to establish a legal basis for the processing of such data under local law, including providing adequate privacy notices and obtaining any required consents to customers or employees. You represent and warrant to Kingsoft Cloud that you have a legal basis for processing this data, including obtaining any required notices and consents, under local law. You also represent that you will comply with any data protection laws and regulations, including but not limited to obtaining consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of these Products.

3.7 Kingsoft Cloud may from time to time offer special terms or pricing programs for the Products (the “Special Programs”). Kingsoft Cloud shall have the right to stop accepting any application for any Special Programs or discontinue the offering of any Special Programs without notifying you. You must agree to any terms and conditions for the Special Programs if you choose to participate in such.

3.8 Kingsoft Cloud shall have the right to apply any upgrades or engage in any service maintenances any time as deemed necessary. Kingsoft Cloud will use commercially reasonable endeavors to notify you in advance of any scheduled maintenance of the Kingsoft Cloud Platform or the Products and you shall comply with any maintenance requirements for the Products that we notify you about.

3.9 Kingsoft Cloud shall have the right to assign and/or novate any part of or all of the Terms (including any of our rights, titles, benefits, interests, obligations and duties in the Terms and this Agreement) to any person or entity (including any affiliates of Kingsoft Cloud). Kingsoft Cloud may by written notice to you (which may be posted on the Kingsoft Cloud Platform) require such novation of the Terms or any part thereof, and you hereby irrevocably agree and consent to any such novation, whereupon Kingsoft Cloud shall be released and discharged from all of its obligations under these Terms, as well as all claims, actions and demands arising under these Terms up to the time of such novation. You may not assign, in whole or part, any of the Terms (including this Agreement) to any person or entity.

3.10 If your Agreement does not include a provision on Kingsoft Cloud Confidential Information, and you and Kingsoft Cloud do not have an effective non-disclosure agreement in place, then you agree that you will not disclose Kingsoft Cloud Confidential, except as required by law.

4.Product-Specific Terms

Without limiting the generality of the Product Terms, you further agree and undertake that the purchase and use of the Products identified hereunder is subject to the additional specific terms and conditions set forth hereunder, and depending on the Kingsoft Cloud entity you contracted with for the Products, as also set forth in the addendum in respect of the Products identified therein:

4.1 Kingsoft Cloud Elastic Compute

(1) You can delete or change your business data yourself. If you release the service or delete the data, Kingsoft Cloud will delete your data and no longer retain such data in accordance with your instructions. You should be cautious about deleting and changing data. Once the business data is deleted, it cannot be recovered; you shall bear the consequences and responsibilities caused by the deletion of data. You understand and agree that Kingsoft Cloud has no obligation to continue to retain, export or return those business data.

(2) You may access and/or use certain software developed and owned by Microsoft Corporation (“Microsoft”) or its licensors (the “Microsoft Software”) provided by Kingsoft Cloud. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:

a. Microsoft Software is licensed by affiliates of Microsoft Corporation (collectively,“Microsoft”).Microsoft Software is protected by copyright and other intellectual property laws. Microsoft Software and other elements (including any images, photos, animations, videos, audio, music, text and “Mini Programs” included in the software) are owned by Microsoft or its suppliers.You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software; Microsoft Software is protected by Copyright Law, International Copyright Conventions, and other intellectual property laws and treaties.The Microsoft Software is neither sold nor distributed ownership or any intellectual property to you when you possess, access or use it;

b. You may not use or install the Microsoft Software outside the Kingsoft Cloud ECS services;

c. You may not make copies of Microsoft Software;

d. You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;

e. You may not rent, lease, lend, pledge, directly or indirectly transfer or distribute Microsoft Software to any third party, nor shall you allow any third party to access and/or use the functions of the Software.

f. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Kingsoft Cloud ECS Service;

g. Microsoft, it’s suppliers, Microsoft affiliate or subsidiary is not responsible for providing any support in connection with the Kingsoft Cloud ECS Service;

h. Microsoft disclaims any High Risk Use, and no guarantee is that there will be no errors or interruptions in the operation. You may not use Microsoft Software under the circumstances that may result in death, personal injury, or severe physical or environmental damage(collectively,“High Risk Use”).

4.2 Kingsoft Cloud Container Instance

If your account balance is not enough to pay the bill and the service is in arrears, you will not be able to create a new container instance, but you can continue to use the instance you have created for 24 hours and continue to be billed. If you fail to pay all the arrears bills within 24 hours after the arrears, Kingsoft Cloud will terminate the container instance service for you. At the same time, the container instance will be released and the data in it will be deleted and unrecoverable.

4.3 Kingsoft Cloud Standard Storage Service

In order to provide you with better services, Kingsoft Cloud has the right to iterate, update or go offline on KS3 according to the situation of KS3, and Kingsoft Cloud will send you a notice according to the agreement.

4.4 Kingsoft Cloud MapReduce (KMR)

1)You may choose to subscribe to the Kingsoft Cloud Elastic IP (EIP) service while you subscribe to the KMR service. In addition to the fees of Kingsoft Cloud MapReduce service, you may also responsible for payment of the separate fees for EIP. You may also choose to subscribe to KS3 service and pay separate fees for KS3.

2)You shall be responsible for payment of all fees incurred in connection with your use of Kingsoft Cloud MapReduce regardless of the results of your use of Kingsoft Cloud MapReduce.

3)We may suspend or terminate your computing jobs if we determine that such jobs degrade the performance of Kingsoft Cloud MapReduce, the Products or any component thereof. The status and result of your computing jobs are your sole responsibility. We do not guarantee the result of your computing jobs nor any loss or corruption of data during your computing jobs.

4)You shall not use the Kingsoft Cloud MapReduce to engage in any of the following activities:

a.using servers or your website(s) as the source, intermediate, reply to address or destination address for spam emails, email bombs, Internet packet flood attacks, packet corruption, denial of service attacks, or any other form of net abuse, or to perform any other illegal, fraudulent or abusive activities;

b.activities threatening or adversely impacting the stability of our network, or causing server loads beyond reasonable levels, as determined in our discretion;

c.hacking or any other activities related to security breaches;

d.using any website as an anonymous gateway, open relay, or for similar purposes;

e.disseminating or transmitting any material that may be perceived as offensive, malicious vulgar, defamatory, abusive, racist, deceptive or fraudulent;

f.running public recursive DNS services on any of our servers;

g.subleasing or reselling the Kingsoft Cloud MapReduce or similar activities; or

h.using the Kingsoft Cloud MapReduce as a repository or tool to store files.

4.5 Kingsoft Cloud Content Delivery Network (CDN)

1)Your use of Kingsoft Cloud CDN shall be measured by your actual traffic incurred upon service activation. Please refer to the Kingsoft Cloud Platform for specific details and updates of effective fees and payment schemes.

2)You shall ensure that you have sufficient balance in your account in order for the CDN service to be continued.

3)If you intend to subscribe for Kingsoft Cloud CDN resources based in the People’s Republic of China (the “PRC”), then you shall be solely responsible for arranging to completing any and all relevant registrations with the Ministry of Information Technology of the People’s Republic of China as required by the laws of PRC. Otherwise, Kingsoft Cloud reserves the right to decline to provide or cease your use or subscription of the Kingsoft Cloud CDN services anytime as deemed appropriate without any liability to you. You shall check your status of registration before using or subscribing for Kingsoft Cloud CDN services for resources in the PRC.

4)Your use of the Kingsoft Cloud CDN shall be subjected to the product specifications, limitation, and descriptions in the relevant product description page (the “CDN Descriptive Terms”) on the Kingsoft Cloud Platform. In the event of any inconsistency between these Product Terms and the CDN Descriptive Terms, these Product Terms shall prevail.

5)You acknowledge and agree that your use of Kingsoft Cloud CDN is subject to the traffic limitations preset by Kingsoft Cloud. If your traffic exceeds Kingsoft Cloud’s limit, Kingsoft Cloud reserves that right to limit or suspend your use of Kingsoft Cloud CDN services.

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