Last updated：2020-11-26 19:53:34
July 2, 2019
Thank you for signing this Service Agreement (hereinafter referred to as the “Agreement”) with Beijing Kingsoft Cloud Network Technology Co., Ltd. (hereinafter referred to as “Kingsoft Cloud”) and for choosing Kingsoft Cloud’s services.
Please read this Agreement carefully before you accept it. Please read carefully and fully understand each provision of this Agreement, especially those related to the exemption or limitation of liability, governing law, and the resolution of disputes. These clauses will be underlined and marked in bold and underlined for emphasis. Should you have any questions about this Agreement, please feel free to consult the customer service or relevant business department. By clicking to accept this Agreement or otherwise accepting this Agreement, you represent that you have fully read, understood, and agree to be bound by all the provisions of this Agreement, and that you have reached a consensus with Kingsoft Cloud. This Agreement takes effect from the date on which you click the button to accept this Agreement on the webpage or otherwise relevant webpage or otherwise choose to accept this Agreement. If you do not agree to this Agreement or any provision hereof, please do not sign this Agreement.
1. Scope of services
The “CDN service” in this document refers to the Kingsoft Cloud Content Delivery Network (CDN) services to which you have subscribed in the Kingsoft Cloud console (https://passport.ksyun.com). These services include acceleration services for videoon-demand (VoD), audio-on-demand (AoD), large file download, small image file delivery, and live streaming, other services that you have purchased and Kinsoft Cloud has promised to provide to you, and related technical and network support services.
2. Your rights and obligations
2.1 After you subscribe to the CDN service, you are entitled to require Kingsoft Cloud to provide the services to you in accordance with this Agreement and the Kingsoft Cloud CDN Service Level Agreement (SLA) displayed on Kingsoft Cloud’s website.
2.2 You shall pay for the services provided to you according to the instructions on the Kingsoft Cloud’s payment page.
2.3 You shall carefully read and follow the service descriptions, technical specifications, usage instructions, operation instructions, and other content (hereinafter referred to as the “operational guidelines”) displayed on the pages of Kingsoft Cloud’s website, and perform relevant operations in accordance with these operational guidelines. You shall bear all consequences arising from your failure to operate in accordance with these operational guidelines. Kingsoft Cloud reminds you to be careful in your operations and assess all risks carefully.
2.4 You shall use Kingsoft Cloud’s services in the correct way according to the specifications on the description page of the service in the documentation on Kingsoft Cloud’s official website.
2.5 The accounts and passwords that are created during your use of the CDN service shall be kept properly. You shall bear all responsibilities and consequences for any data loss or leakage arising from your failure to keep your accounts and passwords properly.
2.6 You shall keep the access logs of your websites, including information published, publication time, IP addresses, and domain names, in accordance with relevant laws and regulations such as the “Cybersecurity Law of the People’s Republic of China” and 揜egulation on Internet Information Service of the People’s Republic of China", and provide such records if required by relevant national authorities during legal investigations. You shall assume all legal liabilities arising from your failure to keep relevant records as required.
2.7 You are responsible for the sources and content of your user business data. Kingsoft Cloud reminds you to carefully determine the legality of such data sources and content. You shall assume all consequences and liabilities arising from the content of your user business data violating applicable laws and regulations, departmental regulations, or national policies.
2.8 You are responsible for the backup of your data for the purpose of data security.
2.9 You understand and agree that state secrets of the People’s Republic of China are protected by law and that you are obliged to keep such information secret. When you use Kingsoft Cloud’s services, you shall observe the requirements of relevant confidentiality laws and regulations and shall not endanger the security of state secrets of the People’s Republic of China.
3. Kingsoft Cloud’s rights and obligations
3.1 Kingsoft Cloud shall provide services as agreed.
3.2 You understand and agree that Kingsoft Cloud may suspend its services for a short period of time for system and server configuration, maintenance, or upgrading.
3.3 During the service period, Kingsoft Cloud will provide you with the following after-sales services: telephone and online consulting service for the questions you encounter when you use Kingsoft Cloud’s services, and support service in the case of faults, which you shall report by submitting online tickets. Kingsoft Cloud shall promptly provide support for any faults not arising from your improper operations. However, this does not apply to faults arising from your own actions, force majeure events, and other causes beyond the control of Kingsoft Cloud.
3.4 Kingsoft Cloud provides only the CDN service to you. You understand that Kingsoft Cloud is only a neutral service provider of network services such as information storage space and technical support services. Kingsoft Cloud is not involved in the development or operation of any of your products and services, such as your websites and applications. You are solely liable for any disputes and consequences arising from any of your products and services, such as your websites and applications, or any consequences arising from your violation of relevant laws and regulations or the terms of this Agreement. Kingsoft Cloud is not liable for any of the aforementioned responsibilities. If you infringe upon the rights and interests of Kingsoft Cloud, you shall compensate Kingsoft Cloud for all losses thereby caused.
3.5 You understand that Kingsoft Cloud cannot guarantee that the service it provides is flawless. However, Kingsoft Cloud is committed to continuously improve its service quality and service level. Therefore, you agree that, if the service provided by Kingsoft Cloud has flaws and such flaws cannot be avoided due to the current technology level in the industry, these flaws shall not be considered as breaches of agreement on the part of Kingsoft Cloud. You agree to collaborate with Kingsoft Cloud to resolve such flaws.
3.6 Some Kingsoft Cloud’s services may possess account authorization management features. These features allow you to grant some or all service operation permissions to one or more authorized accounts. In this case, the operations and behavior of any authorized account are viewed as if you had performed the operations or behavior by using your own account. You shall be independently and wholly responsible for all results of the operations and behavior of the authorized accounts and shall bear the relevant service fees.
3.7 You understand and acknowledge that, when Kingsoft Cloud provides you with security protection based on certain services and management and monitoring features and services, even if Kingsoft Cloud has performed detailed testing on such services, it cannot ensure that such services are compatible with all hardware and software systems, nor can it ensure the complete accuracy or the absolute security of such software and services. If you encounter any incompatibility, software errors, or other situations that may affect security, please contact Kingsoft Cloud for further support.**
4. Service fees
4.1 Prepaid services: Your service fees will be listed and specified on your order page. You can choose the specific types of service at your own discretion and pay the price listed thereon. Kingsoft Cloud will begin to provide services after you have paid the service fees.
4.2 You are entitled to use the service first and then pay for it according to the price shown to you on Kingsoft Cloud’s webpage.
4.3 If you fail to make the agreed upon payment for any service, Kingsoft Cloud reserves the right to stop provision of the service to you.
5. Subscription, termination, and change of service
5.1 Prepaid services:
a) The resource package service takes effect the moment you activate it and remains effective till the resource package is used up or the service period expires. The service is terminated at the aforementioned time, whichever is earlier. If you expect to continue to use the service, you shall buy it again.
b) You shall use up the services in the resource package within the service period. If the service period of the resource package expires, the services that you have ordered but not used up will be voided, and Kingsoft Cloud will not provide other alternative or supplementary services.
c) Any usage exceeding the amount of your resource package is charged from your account by day according to the prices listed on Kingsoft Cloud’s official website.**
5.2 Postpaid services:
a) Unless otherwise agreed upon, you can use Kingsoft Cloud’s services once you activate the services and continue to use the services until the circumstances for termination as stipulated by law or as set forth in the terms of this Agreement.
**b) You shall ensure that your account has sufficient funds. If the balance in your account is not enough to pay for your service, Kingsoft Cloud will suspend your service.
5.3 The service period shall be terminated in advance if any of the following circumstances occurs:
a) Both parties agree to terminate the service period ahead of schedule.
b) You have breached relevant laws, regulations, or terms of this Agreement.
c) Kingsoft Cloud will, based on the reality of its operations, proceed to a technical or service upgrade, to which you do not give your consent, provided that Kingsoft Cloud has notified you of such upgrade thirty (30) days in advance.
d) Kingsoft Cloud needs to adjust the services that it provides as a result of important changes of technologies, laws, or regulations of the State.
5.4 You understand and acknowledge that Kingsoft Cloud does not warrant the permanent provision of certain services and is entitled to change the forms, specifications, and other aspects (for example, the price and the billing method) of the services provided due to technical upgrades, service system upgrades, or adjustments to business strategies, or cooperation with major changes in national technical or regulatory policies. Before terminating such services or making such changes, Kingsoft Cloud will do its utmost to notify you in advance in one or more ways such as website announcement, website message, email, and SMS.
5.5 Kingsoft Cloud may terminate this Agreement by making an announcement on the Kingsoft Cloud’s website or sending an internal notice or written notice to you 30 days in advance. At that time, Kingsoft Cloud shall refund the amount that you have paid in advance but not consumed to your Kingsoft Cloud account.
6. User business data
6.1 Any data that you have stored, uploaded, downloaded, distributed, or otherwise processed during your use of Kingsoft Cloud’s services are considered your user data. Kingsoft Cloud is not entitled to disclose or use your user data without your authorization, unless such disclosure or usage is a result of cooperating with the demand of State agencies in accordance with relevant laws, regulations, or policies.
6.2 You can independently manage your user data, including deleting, changing, or performing other operations on your user data. Kingsoft Cloud reminds you that your user data cannot be recovered once deleted. You shall bear all consequences and responsibilities caused by your deletion of your user data. You should exercise caution when you delete or modify any data.
6.3 Kingsoft Cloud shall have the right to delete your user data, including all caches and backup files, in one of the following circumstances:
a) The service is terminated as the service period has reached its end.
b) You have failed to pay for your services within the time limit agreed upon by both parties.
c) Such deletion is a result of cooperating with the demand of State agencies in accordance with relevant laws, regulations, or policies.
7. Liability for breach
7.1 If you violate any content of the commitments, warranties, service usage rules, or obligations as specified herein, Kingsoft Cloud is entitled to unilaterally take one or more of the following measures based on the severity of the circumstance and its independent judgment:
a) Limit or terminate your use of Kingsoft Cloud’s services.
b) Stop provision of service and terminate this Agreement.
c) Hold you legally responsible.
d) Take other measures that Kingsoft Cloud deems appropriate.
You shall be liable for any loss arising from the suspension or termination of service or other measures taken by Kingsoft Cloud in accordance with the foregoing provisions.
7.2 You shall bear the responsibilities for any losses incurred to Kingsoft Cloud that are caused by your breach of relevant laws, regulations, or provisions of this Agreement.
7.3 You understand and agree that, due to the particularities of computers and the Internet, Kingsoft Cloud does not bear any responsibility for the disturbance of your access speed caused by network congestion on the Internet.
7.4 Kingsoft Cloud shall not, under any circumstances, take responsibility for any indirect, consequential, punitive, contingent, or special damages, including the loss of profits arising from your use of Kingsoft Cloud’s services.
7.5 If you fail to pay the total amount of the agreed upon service fee, you shall own Kingsoft Cloud a penalty equal to 0.5 percent of the unpaid amount for each day on which unpaid amount exists.
7.6 As far as permissible by applicable law, Kingsoft Cloud’s liability for damages under this Agreement in regard to a particular service shall not exceed the sum of the service fees paid by you for the service that you used during the period of your use, and any past usage period that exceeds 12 months shall be counted as 12 months.
8. Intellectual property
8.1 The intellectual property rights in any information, technology or technical support, software, and services provided by either party to the other party hereunder are owned by the providing party or its legal rights owner. Unless otherwise expressly agreed to by the providing party or legal rights owner, the other party is not entitled to copy, disseminate, transfer, license, or let others use the above-mentioned Intellectual Property. Otherwise, the other party shall be held liable for such infringement.
8.2 You shall ensure that the materials submitted to Kingsoft Cloud, your use of Kingsoft Cloud’s services, and the results arising from your use of Kingsoft Cloud’s services do not infringe upon the legitimate rights and interests of any third party.
8.3 If a third-party organization or individual questions or complains about the ownership of the intellectual property rights of relevant materials involved in your use of Kingsoft Cloud’s services, or about the ownership of the intellectual property rights in the Kingsoft Cloud’s services that you use, both you and Kingsoft Cloud are responsible for providing relevant proof concerning the intellectual property rights and cooperating with each other to handle the relevant complaint. In the event of a claim, lawsuit, or possible lawsuit against the breaching party, the breaching party shall defend, indemnify, and hold the other party harmless from any expenses and losses arising therefrom.
9.1 For the purpose of this Agreement, “confidential information” includes trade secrets (including financial secrets), technical secrets, business know-how, and/or other information and materials that shall be kept confidential (including product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, R&D, software, hardware, APIs, technical descriptions, designs, special formulas, and special algorithms) that a party (hereinafter referred to as the “receiving party”) obtains or learns from the other party (hereinafter referred to as the “disclosing party”) or that is generated due to the parties’ performance of this Agreement, regardless of the form or carrier of such information and data, and whether the disclosing party has indicated the confidential nature of such information and data in oral, graphic, written, or other forms at the time of disclosure.
9.2 Both parties shall take appropriate measures to properly store the confidential information provided by each other. The degree of prudence exercised shall not be lower than the degree that they use to protect their own confidential information. Both parties can only use the confidential information for the purposes hereunder or purposes associated with this Agreement.
10. Force majeure
10.1 If a force majeure event or other accident makes the performance of this Agreement impossible, unnecessary, or meaningless, the party suffering the force majeure event or accident is not liable.
10.2 A force majeure or other accident refers to an objective event that is unpredictable, insurmountable, and unavoidable and has a significant impact on one or both of the parties, including natural disasters such as floods, earthquakes, and pandemics, and social events such as war, riot, governmental action, interruption of trunk lines of communication, hacker attacks, network congestion, technological adjustments by telecom departments, as well as government regulations.
11.1 When you use Kingsoft Cloud’s services, you shall provide Kingsoft Cloud with true and valid contact information (including your email address, contact phone number, and contact address). If your contact information changes, you are obligated to update relevant information in a timely manner and ensure that you are reachable at any time. Your Kingsoft Cloud account, including its Identity and Access Management (IAM) users, to receive website messages and system messages is also regarded as your valid contact information. You shall bear all consequences and losses arising from inaccurate contact information or your failure to update your contact information in a timely manner.**
11.2 You shall pay attention to all notifications sent to you by Kingsoft Cloud and bear all consequences and losses caused by your failure to notice any notification in a timely manner.
11.3 All notifications sent to you by Kingsoft Cloud, including those sent by email or SMS and those in the form of announcement or message sent to your Kingsoft Cloud account, are deemed successfully delivered once they are sent, provided that the destination of the notification is consistent with the contact information provided by you. Any notification sent by mail is deemed successfully delivered the third day after it is sent, provided that the destination address of the mail is the same as the address provided by you.
12. Governing law and dispute resolution
12.1 The conclusion, effectiveness, interpretation, amendment, supplement, termination, and performance of this Agreement and the dispute resolution hereunder shall be governed by the laws of Mainland China. In the absence of relevant legal provisions, the business practices and/or industry practices shall be followed.
12.2 Kingsoft Cloud will negotiate with you to resolve any disputes arising out of your use of Kingsoft’s Cloud services or in connection with Kingsoft Cloud’s services. If no agreement is reached through negotiation, either party may file a lawsuit with a People’s Court of competent jurisdiction in Beijing’s Haidian District.
13.1 Kingsoft Cloud shall notify you of any future change made to this Agreement 30 days prior to the change by publishing a statement in an appropriate location on its official website. By continuing using the Kingsoft Cloud抯 services, you are deemed to have accepted the relevant modifications made by Kingsoft Cloud.
13.2 Product or service descriptions on Kingsoft Cloud’s official website, Kingsoft Cloud’s webpages that provide pricing or billing information, and the page where you have agreed to and confirmed your subscription of Kingsoft Cloud’s services are all valid components of this Agreement. In case of any inconsistency between the content of the aforementioned documents, the following order of precedence applies: (1) product or service descriptions, pricing or billing pages, and the subscription confirmation page, and (2) this Agreement.
13.3 The provisions hereof concerning confidentiality, intellectual property rights, governing law, and dispute resolution shall survive the termination of this Agreement.
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