Qiniu Cloud Service User Agreement
This agreement is a legally effective contract between Shanghai Qiniu Information Technology Co., Ltd. (hereinafter referred to as "Qiniu Cloud") and the user (hereinafter referred to as "you") on matters related to your use of services provided by Qiniu Cloud (hereinafter referred to as "Qiniu Cloud Services"). You have reached an agreement with Qiniuyun and agreed to accept all the terms and conditions listed in this agreement by stamping the printed copy with the official seal and sending it back, making payment, or clicking on the relevant page of Qiniuyun's official website (namely www.qiniu.com, hereinafter referred to as "Qiniuyun's official website") for confirmation, or by other means agreed otherwise. Before signing this agreement, please read all the terms listed in this agreement carefully. If you have any questions about the terms of this agreement, please contact the business department of Qiniuyun, and Qiniuyun will explain the terms for you. If you do not agree with any of the terms of this agreement, or cannot accurately understand the interpretation of relevant terms by Qiniuyun, please do not proceed with subsequent operations. If you know that subsequent operations or click "Confirm", you will be deemed to unconditionally accept the constraints of all terms of this agreement.
1. Service content
1.1 "Services" in this agreement refers to: Qiniu Cloud provides you with Qiniu Cloud services such as object storage, CDN, live cloud, data processing and related technical support services and network support services displayed on Qiniu Cloud's official website.
one point two The services provided by Qiniuyun must comply with the description and agreement of this agreement. For matters not covered herein, both parties shall separately sign the Qiniuyun Service Contract, and the terms listed therein shall become an integral part of this Agreement. In case of any inconsistency between the terms listed in the Qiniuyun Service Contract and the terms listed in this Agreement, the Qiniuyun Service Contract shall prevail.
two Service fee
two point one The service fee will be calculated according to the currently valid price list on the official website of Qiniuyun and listed in the order page. You need to pay the corresponding service fee within the agreed payment period by the agreed payment means.
two point two Before you pay the full service fee as agreed, Qiniuyun will reserve the right not to provide you with technical support and/or services, and to terminate the technical support and/or services.
two point three You fully understand that all the complimentary service items or activities in the price system of Qiniu Cloud service are one-off special discounts beyond the normal service price of Qiniu Cloud service. The discount content does not include the modification, update and maintenance fees of the complimentary service items, and the complimentary service items cannot be discounted to offset the service fees.
two point four You can purchase the required services online through the official website of Qiniuyun according to your own needs; You can also entrust your exclusive customer manager and customer service representative to help you choose the services you need. Whether you purchase the required services by yourself or by commission, if your order is accepted by the system and shows that you have successfully placed the order, it means that you have read and agree with the pre-sales instructions of the relevant goods (please carefully read the pre-sales instructions of the relevant goods before you place the order by yourself or by commission, especially for products such as resource packs that have special instructions on the applicable area, effective time, and refund restrictions). If the service is successfully purchased, Qiniu Cloud should provide you with services according to your ordering needs and service rules. If there is another agreement between you and Qiniu Cloud, it should be executed according to the agreement.
3. Rights and obligations
three point one Your rights and obligations
3.1.1 You agree to abide by this agreement and the relevant management norms and procedures listed in the service display page of the official website of Qiniuyun. You are aware that the contents of the above agreements and specifications may change from time to time. If any of the terms of this agreement changes, Qiniu Cloud will make an announcement on the appropriate page of Qiniu Cloud's official website and prompt you to view the modified content. If you do not agree with the modifications made by Qiniu Cloud to the relevant terms of this agreement, you have the right to stop using the services provided by Qiniu Cloud. If you continue to use the service of Qiniu Cloud, you will be deemed to have accepted the modifications made by Qiniu Cloud to the relevant terms of this agreement.
3.1.2 You need to pay the corresponding service fees according to the relevant page tips on the official website of Qiniuyun and the agreement in this agreement.
3.1.3 You promise:
3.1.3.1 If your business activities using the services provided by Qiniu Cloud need to obtain the permission or approval of the relevant national departments, you must obtain the relevant permission or approval in advance, including but not limited to the following: If your website uses Qiniu Cloud services, you must ensure that your website has obtained the permission or approval of the relevant national departments; If your website provides non operational Internet information services, you must handle the filing of non operational websites in advance, ensure that all the filing information submitted is true and effective, and change the filing information in the filing system in a timely manner when the filing information changes; If your website provides business oriented Internet information services, you must also apply to the local communication management department in advance and obtain a business website license; If your website provides electronic bulletin services such as BBS, it must be filed or approved according to relevant regulations and policies; If you operate an Internet game website, you should apply for a network culture business license according to law; If you are engaged in Internet information services such as news, publishing, education, medical care, drugs and medical devices, which must be reviewed and approved by relevant competent authorities in accordance with laws, administrative regulations and relevant national regulations, you should obtain the review and approval of relevant competent authorities in accordance with laws before applying for business license or performing the filing procedures;
3.1.3.2 Except for the express permission of Qiniu Cloud, the software and licensing information provided by Qiniu Cloud shall not be modified, translated, adapted, leased, distributed or transferred, and the source code of the software provided by Qiniu Cloud shall not be obtained by reverse engineering, decompiling or other means;
3.1.3.3 If Qiniuyun's services involve the licensing of third-party software, you agree to abide by the relevant license agreement;
3.1.3.4 Do not spread email advertisements, spam (SPAM), or use the services provided by Qiniuyun to distribute a large number of unwelcome or unsolicited emails, electronic advertisements, or emails containing reactionary, pornographic and other harmful information;
3.1.3.5 Do not use the resources and services provided by Qiniu Cloud to upload (UPLOAD), download (DOWNLOAD), store, publish the following information or content, and do not provide any convenience for others to publish such information (including but not limited to setting URL, BANNER link, etc.):
3.1.3.5.1 Political propaganda and/or news information in violation of national regulations;
3.1.3.5.2 Information involving state secrets and/or security;
3.1.3.5.3 Feudal superstition and/or obscene, pornographic, indecent information or information abetting crime;
3.1.3.5.4 Gambling prizes, gambling games, "private servers", "plug-in" and other illegal Internet publishing activities;
3.1.3.5.5 Information that violates national religious policies;
3.1.3.5.6 Information that hinders the security of Internet operation;
3.1.3.5.7 Information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, public security and public morality;
3.1.3.5.8 The information or content that distorts, vilifies, desecrates, or negates the deeds and spirit of the heroic martyrs, and infringes upon the names, portraits, reputations, and honors of the heroic martyrs by insulting, slandering, or other means;
3.1.3.5.9 Information about spreading terrorism, extremism or instigating terrorist and extremist activities;
3.1.3.5.10 Information that violates the national ethnic policy, incites ethnic hatred and discrimination, and undermines ethnic unity;
3.1.3.5.11 Information inciting regional discrimination and hatred;
3.1.3.5.12 Information or content that infringes the privacy, reputation, portrait, intellectual property and other legitimate rights and interests of others;
3.1.3.5.13 Information that infringes upon the legitimate rights and interests of minors or impairs their physical and mental health;
3.1.3.5.14 Other contents that violate laws and regulations, departmental rules or national policies.
3.1.3.6 Do not establish or use relevant equipment, configure and run programs or processes unrelated to the purchased services, resulting in a large amount of CPU, memory, disk or network bandwidth resources of various devices in the Qiniu Cloud system, and the network, servers (including but not limited to local, foreign and international networks, servers, etc.) Products or applications bring serious load, which affects the smooth connection between the Qiniu Cloud system and the Internet or specific networks, servers and the internal of the Qiniu Cloud system, or causes the server where the Qiniu Cloud products and services or other user websites using the Qiniu Cloud services are located to go down, crash, or the products or applications based on the Qiniu Cloud services are inaccessible;
3.1.3.7 Do not conduct any behavior that endangers or attempts to endanger network security (including but not limited to phishing, illegal intrusion, network fraud, websites or spaces containing or suspected of spreading viruses, trojans, malicious code, and suspected attacks on other websites and hosts through virtual hosts, such as scanning, sniffing, ARP spoofing, DDoS, etc.);
3.1.3.8 Do not make any change or attempt to change the system configuration provided by Qiniu Cloud or damage the system security;
3.1.3.9 Do not engage in other violations of laws, regulations or Qiniu Cloud service agreement;
3.1.3.10 If Qiniu Cloud finds that you are in violation of the above terms, it has the right to take corresponding measures according to the situation, including but not limited to immediately terminating the service or deleting corresponding data and information.
3.1.4 You are fully responsible for the results of your own actions (such as software installation and operation).
3.1.5 You are responsible for the integrity and confidentiality of your data stored in the Qiniu Cloud system, as well as your passwords for logging in and using various products and services of Qiniu Cloud. All losses and consequences caused by the loss or disclosure of the above data, passwords, passwords, etc. due to your improper maintenance or confidentiality shall be borne by you.
3.1.6 You should submit to Qiniu Cloud the person responsible for executing this agreement and the list of contact persons for various products and services on the website and network. If the above personnel change, you must update the changed information by yourself and notify Qiniuyun in time. All consequences arising from the untrue, inaccurate and incomplete contact information provided by you and the actions or omissions of the above personnel shall be borne by you.
3.1.7 You must keep access log records of your website in accordance with the provisions of laws and regulations such as the Measures for the Administration of Internet Information Services, the Regulations on the Protection of the Right of Information Network Dissemination, and the Regulations on the Administration of Internet Live Broadcasting Services, including the information content published and its release time, Internet address (IP), domain name, etc., which shall be provided by the relevant national authorities when inquiring according to law. You shall bear all legal liabilities arising from your failure to keep relevant records as required.
3.1.8 You understand that Qiniu Cloud cannot guarantee the flawless service it provides (for example, Qiniu Cloud security products cannot guarantee the absolute security of your hardware or software), and Qiniu Cloud promises to continuously improve service quality and service level. Therefore, you agree that even if the service provided by Qiniu Cloud has defects, the above defects cannot be avoided by the industry's technical level at that time, and they will not be deemed as Qiniu Cloud's breach of contract. You agree to cooperate with Qiniuyun to solve the above defects.
3.1.9 Data backup is your obligation and responsibility. The fact that Qiniu Cloud system has data backup function does not mean that data backup is Qiniu Cloud's obligation. Qiniu Cloud does not guarantee full backup of user data, nor does it assume any responsibility for user data backup work or results.
3.1.10 Qiniuyun respects and protects the intellectual property rights, reputation rights, name rights, privacy rights and other legitimate rights and interests of legal persons and citizens. You guarantee that you will not infringe the intellectual property rights, reputation rights, name rights, privacy rights and other rights and legitimate rights of any third party when using the Qiniuyun service. Otherwise, Qiniuyun has the right to take measures such as suspending or terminating part or all of the services after receiving the notice from the obligee or interested parties. At the same time, you should bear all legal responsibilities for all claims made by the third party; If you cause losses (including but not limited to economic, goodwill and other losses) to Qiniu Cloud and its affiliated companies and control companies due to your infringement, you should also fully compensate Qiniu Cloud and its affiliated companies and control companies for all losses. Qiniu Cloud reserves the right not to return the money if you infringe upon the legal rights/interests of Qiniu Cloud and/or other third parties.
3.2 Rights and obligations of Qiniuyun
3.2.1 Qiniu Cloud shall provide services according to the agreement.
3.2.2 During the service period, Qiniuyun will provide you with the following customer services:
3.2.2.1 Qiniuyun provides 7 * 24 after-sales fault repair service for paying users, provides effective contact information for paying users, and ensures that paying users can contact the fault repair contact person in time. The contact person for fault repair shall timely repair and feed back after confirming the fault phenomenon;
3.2.2.2 Qiniu Cloud provides a 7 * 24 hour online work order service system to answer users' questions during the use of the service.
3.2.3 Qiniu Cloud will eliminate the fault caused by your non-human operation, except for the fault caused by your reason and/or force majeure and the reason not controlled by Qiniu Cloud.
3.2.4 Qiniuyun shall strictly abide by the confidentiality obligation.
4. Protection, storage, destruction and download of user data
4.1 Qiniu Cloud will try its best to protect the security of user data (hereinafter referred to as "user data"). However, You should be fully responsible for user data sources, content, permissions, security, etc. By signing this agreement, you are deemed to have read and agreed to abide by the privacy policy of Qiniu Cloud. For the purpose of this agreement, user data refers to all kinds of data, (personal) information and content that you or/and your end users upload, store or collect, store, use, process, transmit, provide, disclose, transfer, share, delete through the Qiniu Cloud service.
four point two You confirm and agree, and ensure that your end users confirm and agree that the user data you or/and your end users process are legally owned by you or have legally collected, obtained or legally authorized data, and have the right to process user data and will not use the Qiniu Cloud service to infringe the legitimate rights and interests of Qiniu Cloud and third parties. You further guarantee that the user data will not violate applicable laws and regulations, regulatory authorities, this agreement or any third party contract, and you will not use the user data for illegal purposes.
four point three You confirm and agree, and ensure that your end user confirms and agrees that if you or/and your end user process user data that contains any personal information, you guarantee that you have obtained the consent and explicit authorization of the relevant personal information subject, and have the right to transfer their personal information to Qiniuyun or its designated subject. If you fail to obtain the consent of the relevant personal information subject, which causes or may cause losses or liabilities to Qiniu Cloud, Qiniu Cloud has the right to implement in accordance with Article 8 of this agreement, and you shall bear and be responsible for any losses or liabilities arising therefrom.
4.4 In the process of providing you with services, You confirm and agree that Qiniu Cloud may collect or generate some technical and operational data, such as system logs, billing data, customer service information, etc. (hereinafter referred to as "operational data"), and Qiniu Cloud has the right to use such operational data to optimize and improve Qiniu Cloud services at its own discretion.
4.5 Qiniu Cloud will not use user data without your authorization and consent, except in accordance with applicable laws and regulations or in order to provide services. You acknowledge and agree that if you violate applicable laws and regulations or cause any claim, lawsuit, investigation or similar procedure to be filed or likely to be filed by any third party (including any government agency or law enforcement agency), you should fully exempt Qiniu Cloud from liability and compensate Qiniu Cloud for all losses incurred.
4.6 For the purpose of serving you, Qiniu Cloud may provide you with services by using your data, including but not limited to sending you product and service information.
four point seven Your user data will be partially or completely disclosed under the following circumstances:
4.7.1 Disclosure to a third party with your consent;
4.7.2 Disclose to a third party or administrative or judicial authority in accordance with the relevant provisions of laws and regulations or at the legal request of the administrative or judicial authority;
4.7.3 If your business activities violate the relevant laws and regulations of China, you need to disclose them to a third party;
4.7.4 In order to provide the software or services you require, you must share your data with a third party.
four point eight Unless otherwise agreed by law and Qiniu Cloud and you, Qiniu Cloud will continue to store your data within 30 natural days from the date of expiration of this agreement or early termination of this agreement for any reason, and will no longer retain your data after the expiration of the time limit. You must bear all the consequences arising from the destruction of your data.
five intellectual property right
five point one You should ensure that the materials submitted by Qiniu Cloud, the use of Qiniu Cloud services and the results generated from the use of Qiniu Cloud services do not infringe the legitimate rights and interests of any third party. If any third party files a claim or lawsuit against Qiniuyun or may file a lawsuit against Qiniuyun due to infringement of its legitimate rights and interests or your violation of Chinese laws and regulations or other applicable laws, you shall fully exempt Qiniuyun from liability and compensate Qiniuyun for all losses incurred by Qiniuyun.
five point two If any third party questions or complains about the ownership of intellectual property rights of your use of Qiniu Cloud services and related materials, you are responsible for issuing relevant intellectual property certification materials and cooperating with Qiniu Cloud in handling related complaints.
five point three You acknowledge that the intellectual property rights of any content (including but not limited to software, technology, program, web page, text, picture, image, audio, video, chart, layout, electronic document, data report, etc.) provided by Qiniu Cloud to you belong to Qiniu Cloud and its affiliated companies or third-party obligees. Except for the express consent of Qiniu Cloud and its affiliated companies or third parties, you have no right to use the above resources (including but not limited to monitoring, copying, reprinting, distributing, spreading, playing, displaying, selling, licensing, mirroring, uploading, downloading, etc. through any program or device), otherwise you must bear corresponding responsibilities.
five point four Without prior written authorization or otherwise agreed by both parties, you are not allowed to use any trademark, service mark, trade name, domain name The website name or other prominent brand features or specific descriptions enable a third party to identify the company and/or its affiliates (hereinafter collectively referred to as "logo"). Without the prior written consent of Qiniuyun and its affiliated companies, you may not display, use or apply for the registration of trademarks, domain names, etc., or express or imply to others that you have the right to display, use, or otherwise deal with these logos, either alone or in combination. If you use the above trademarks and logos of Qiniuyun in violation of this agreement and cause losses to the company or others, you shall bear all legal liabilities.
five point five You understand and agree that Qiniu Cloud is authorized to use your name, trademark and logo in sales, marketing and other promotional materials and activities, but only to indicate that you are our customer or partner. If you have any objection to this, you can notify Qiniuyun at any time not to disclose or delete relevant information.
5.6 Both parties agree that neither party will transfer intellectual property rights to the other party because of this agreement, and the intellectual property rights originally owned by each party will not be owned by the other party or jointly owned by both parties, either explicitly or implicitly, because of this agreement.
6. Confidentiality
6.1 Confidential information refers to all technical and non-technical information disclosed by one party to the other party (including but not limited to product information, product plan, price, financial and marketing planning, business strategy, customer information, customer data, research and development, software and hardware, API application data interface, technical description, design, special formula, special algorithm, etc.).
6.2 Either party of this agreement agrees to keep the above-mentioned confidential information of the other party confidential and strictly restrict the employees who have access to the above-mentioned confidential information to comply with the confidentiality obligations of this agreement. Unless:
6.2.1 It can be provided according to this agreement or other service agreements, contracts, online terms and other agreements between you and Qiniuyun;
6.2.2 It shall be provided in accordance with laws and regulations or regulations of regulatory authorities, arbitration or judicial procedures or relevant rules of securities trading;
6.2.3 The confidential information has been disclosed or can be obtained from the public domain without violating the responsibilities agreed in this Agreement;
6.2.4 Confidential information is obtained by the receiving party from a third party that has no obligation of confidentiality or non disclosure.
6.3 Both parties of this agreement expressly confirm that their user information and business data are their important assets and key confidential information. Both parties hereto agree to do their best to protect the above confidential information from disclosure. Once the above confidential information leakage is found, both parties shall cooperate to take all reasonable measures to avoid or mitigate the consequences of damage, and the disclosing party shall bear the losses caused to the owner of confidential materials.
six point four This clause shall not become invalid due to the termination of this Agreement.
seven Term, Termination and Modification
7.1 You can make payment to your account through the agreed payment method on the official website of Qiniu Cloud. Payment to your Qiniu Cloud account will be deemed as your opening of Qiniu Cloud service. The payment amount in your account can only be used during the service period. You can flexibly use it for various services of the Qiniu Cloud platform according to your own needs and use the payment amount in your account within the service period. Please know that according to the provisions of the Network Security Law, the Data Security Law, the Personal Information Protection Law and relevant laws and regulations, some services require you to provide real identity information to complete real name authentication. If you refuse real name authentication, Qiniu Cloud will not be able to provide you with such services. The service period mentioned in this article is three years from the date of your payment. If there are multiple payments in your account, the service period is calculated separately according to your payment time. For the avoidance of doubt, your payment amount before the renewal date of this agreement is also calculated according to the aforementioned service period rules in this article. If the service period expires, it will affect your continued use of our services. You need to bear any impact or loss caused or likely to be caused by this, and Qiniuyun will not bear any responsibility for this.
seven point two Since the service expiration date, the storage space resources occupied by the service will continue to be billed on a daily basis.
7.2.1 When your account balance is less than the current consumption amount, the Qiniu Cloud system will automatically freeze your account. For details, see Account Freezing and Unfreezing 。
7.2.2 You must remove the account freeze status in time within 30 natural days after the account is frozen, or Qiniu Cloud will be deemed as your active abandonment of Qiniu Cloud service, this agreement will be terminated, the storage space will be recycled, and the data in the storage space will be deleted and reset, and cannot be recovered. If you successfully unfreeze your account within 30 natural days from the freezing, the service and data of Qiniu Cloud can continue to be used normally. The new service period will be confirmed based on the amount you paid (after deducting the arrears).
seven point three The service period will be terminated in advance in the following cases:
7.3.1 Both parties agree to terminate in advance;
7.3.2 You seriously violate this agreement (including but not limited to 1 You failed to perform your payment obligations as agreed in the agreement, and/or 2 You seriously violate the mandatory provisions of laws and regulations, etc.), Qiniuyun has the right to terminate the service in advance, and will not refund the fees you have paid;
7.3.3 You understand and fully recognize that although Qiniu Cloud has established (and will continue to improve according to the development of technology) necessary technical measures to prevent such matters or acts endangering network security as computer viruses, network intrusion and attack damage (including but not limited to DDoS) (hereinafter referred to as such acts), in view of the limitations of network security technology Relativity and unpredictability of such behavior, so if your website encounters such behavior, it will bring harm to the network or server of Qiniu Cloud or other users of Qiniu Cloud (including but not limited to local, foreign and international networks, servers, etc.), or affect Qiniu Cloud and the Internet, or Qiniu Cloud and specific networks For smooth communication between the server and Qiniu Cloud, Qiniu Cloud can decide to suspend or terminate the service.
7.3.4 Qiniu Cloud can choose to terminate this agreement 30 natural days in advance by announcing on the official website of Qiniu Cloud, sending you an in station letter, or sending an email notification to your registered email address.
seven point four When you are terminated due to arrears, you should still pay off the arrears. Otherwise, Qiniuyun will reserve the right to charge you overdue fine on a daily basis according to the standard of 5/10000 of your unpaid fees.
7.5 Qiniu Cloud can choose to modify this agreement 7 natural days in advance by announcing on the official website of Qiniu Cloud, sending you an in station letter, or sending an email to your registered email address.
8. Liability for breach of contract
8.1 Any party to this Agreement who breaches this Agreement shall be liable for breach of contract according to law. Unless otherwise agreed in this agreement, if you violate any term or agreement of this agreement or the Qiniu Cloud rules, Qiniu Cloud has the right to take, at its own discretion, one or more of the following measures that it deems reasonable and appropriate:
8.1.1 Order you to correct immediately;
8.1.2 Freeze your account to the extent reasonably necessary to restrict the use or access of some or all service functions;
8.1.3 Delete, block, disconnect relevant links or delete, block relevant content;
8.1.4 Investigate your legal responsibility according to law;
8.1.5 Take other reasonable and legal measures.
8.2 If you cannot use Qiniu Cloud service normally due to Qiniu Cloud, Qiniu Cloud will compensate you for the loss in hours, that is, if you cannot provide service normally for 1 hour in a row, extend the service period of one hour (and so on). If you are unable to use the service for 72 consecutive hours due to the reason of Qiniu Cloud, or you suffer losses due to the hardware failure of Qiniu Cloud (except for the failure not caused by the fault of Qiniu Cloud), you can terminate the service and claim compensation for the losses, except for the reasons not within the control of Qiniu Cloud.
eight point three Under no circumstances will Qiniuyun be liable for any indirect, consequential, punitive, accidental or special damages, including the loss of profits you suffer from using Qiniuyun services (even if you have been informed of the possibility of such losses).
eight point four In any case, the total liability of Qiniuyun for breach of this agreement shall not exceed 25% of the total annual service fee charged to you for the service involved in the breach.
eight point five If you violate the provisions of this Agreement or other service rules and cause a complaint or litigation claim from a third party, you shall bear all legal liabilities. If Qiniuyun and its affiliated companies and controlling companies compensate any third party or suffer punishment from state authorities due to your illegal or breach of contract behavior, you should also fully compensate the company and its affiliated companies and controlling companies for all losses incurred as a result.
9. Exceptions
9.1 Force majeure
9.1.1 Force majeure refers to unforeseeable, unavoidable or insurmountable objective events, including but not limited to natural disasters such as flood, fire, explosion, lightning, earthquake, storm, tsunami and other natural disasters, and social events such as strikes, blockades, labor disputes, wars, disturbances, government bans or regional emergencies.
9.1.2 In case of failure to perform this Agreement in whole or in part or delay in performing this Agreement due to force majeure, the party suffering from force majeure can be exempted from liability within the scope of influence of the force majeure, but the party shall promptly notify the other party in writing of the occurrence of the force majeure after the occurrence of the above circumstances and provide effective evidence. The parties shall negotiate whether to terminate or modify this Agreement and whether to exempt or partially exempt the obligations of the party affected by the force majeure under this Agreement according to the extent of the impact of the force majeure on this Agreement.
9.1.3 The party suffering from force majeure shall take all necessary measures to reduce losses and resume the performance of this Agreement immediately after the event is eliminated, unless such performance is impossible or unnecessary.
nine point two Limitation of liability
9.2.1 You confirm that Qiniu Cloud's service interruption or other impacts caused by the following circumstances do not belong to Qiniu Cloud's breach of contract, and Qiniu Cloud does not have to bear any responsibility:
9.2.1.1 Qiniu Cloud service is unavailable due to your source site failure or your own platform setting adjustment and other reasons;
9.2.1.2 The Qiniu Cloud service is unavailable due to debugging according to your required configuration, such as unreasonable configuration;
9.2.1.3 If Qiniu Cloud or the telecommunications department needs to interrupt the service for a short time when configuring all the IDC configurations and network maintenance of Qiniu Cloud, or the access speed of your IDC is reduced or interrupted due to the blocking of the Internet access, you agree that it is normal, and it does not belong to Qiniu Cloud's default;
9.2.1.4 In view of the particularity of computers and the Internet, service interruption or other problems affecting service and security caused by hackers, viruses, technical adjustments of telecommunications departments, etc., you agree that it is not a breach of contract by Qiniu Cloud;
9.2.1.5 Because you did not provide accurate and effective account information to Qiniu Cloud; Or the unavailability of services or other impacts caused by the failure to update the account information in a timely manner after the change;
9.2.1.6 Qiniu Cloud service is unavailable due to force majeure.
9.2.2 Due to your violation of the national laws and regulations, Qiniuyun has the right to suspend or terminate the provision of services to you at any time according to the requirements of the relevant national administrative authorities, or the mandatory responsibilities specified in the legally effective official letter certificates and judicial documents issued by other third party rights holders. You agree that all consequences and responsibilities arising therefrom have nothing to do with Qiniuyun. Qiniuyun is not responsible for any loss caused to you.
9.2.3 You confirm that in the process of Qiniu Cloud service, only authorized distribution, transmission, caching, parameter processing and other work will be performed on the data, and the data content itself will not be processed privately. If you infringe upon or violate national laws, regulations or public ethics when using the services provided by Qiniu Cloud, you agree that this has nothing to do with Qiniu Cloud, and Qiniu Cloud will not bear any responsibility for this. Based on the technical characteristics of cloud acceleration, when Qiniu Cloud automatically obtains or actively pushes the acceleration content to your source site, you should take backup measures by yourself, that is, you should properly back up the original data. Qiniu Cloud will not bear any responsibility for the loss of the original data of your source site.
9.2.4 When performing this agreement, both parties are only responsible to the opposite party of the agreement and do not have to assume responsibility or perform obligations to a third party other than both parties. Qiniu Cloud is not responsible for the losses caused to you by the acts or omissions of a third party, and is not responsible for the losses of a third party who indirectly receives Qiniu Cloud services through you.
nine point three The exemption clause shall remain valid after the termination of this Agreement.
10. Notice and Delivery
10.1 When you open Qiniu Cloud service, you should provide Qiniu Cloud with true and effective contact information. If you change your contact information, you should notify Qiniuyun in writing in effective form in advance, and have the obligation to update the contact information in your Qiniuyun account in time to ensure that you are in a contactable state. If your information is false, invalid or any other circumstance makes you unable to obtain business notice, customer service, complaint handling, dispute coordination, technical support, etc. in a timely manner, you shall bear the corresponding responsibility.
ten point two Under this agreement, Qiniu Cloud can send you all kinds of notifications through one or more commercially feasible ways, such as web page announcements, e-mail, mobile phone SMS, website messages, system messages, etc. Such notice may have a significant positive or negative impact on your rights and obligations, so you must check it in time.
10.3 Qiniu Cloud sends a notice to you in any one or more ways as agreed in this agreement. If the notice is sent in the official website, it will be deemed as delivered once it is published; The notice shall be sent in the form of SMS, in station message and system message, and shall be deemed as delivered after the successful sending of SMS, in station message and system message; To send an email notification to your registered email address. It is deemed as delivery when the email is sent to your email server. If Qiniuyun sends you a notice in various ways, the time of delivery shall be subject to the time when the notice first arrives.
10.4 Unless otherwise agreed in this Agreement or other notification methods are expressly agreed in a separate agreement between Qiniu Cloud and you, the notice you send to Qiniu Cloud shall be delivered through the service hotline, communication address, e-mail address and other contact information officially announced by Qiniu Cloud.
11. Governing Law and Dispute Resolution
11.1 The conclusion, validity, interpretation, performance and dispute settlement of this Agreement shall be governed by the laws and regulations of the mainland of the People's Republic of China, the provisions of the telecommunications administration and the norms of the computer industry. If any provision of this Agreement is invalid due to its conflict with the laws, regulations, rules or norms of the mainland of the People's Republic of China, these provisions will be reinterpreted as close as possible to the purpose of the original provisions of this Agreement, and other provisions of this Agreement shall still have full force and effect.
eleven point two In case of any dispute during the implementation of this Agreement, both parties shall settle it through friendly negotiation. If the negotiation fails, either party may directly file a lawsuit with the People's Court of Pudong New Area, Shanghai.
12. Supplementary Provisions
twelve point one The appendix (if any) to this agreement, the service description and price description on the relevant pages of the official website of Qiniuyun, and the subscription page you have confirmed and agreed to are an integral part of this agreement, which has the same legal effect as this agreement. If there is any inconsistency between the foregoing agreement and this agreement, the annex to this agreement (if any), the service description and price description on the relevant page of the Qiniuyun official website, and the order page you confirm to agree to shall prevail. In addition, in the above documents, the annexes (if any) to this Agreement have the highest effect.
twelve point two The clauses in this Agreement that should continue to exist at the termination of this Agreement in nature or otherwise should be regarded as "continuing clauses", including but not limited to confidentiality, intellectual property, law application and dispute resolution clauses.
twelve point three If any provision of this Agreement is invalid or unenforceable for any reason, other provisions of this Agreement shall remain valid and binding.
12.4 The headings in this Agreement are only for convenience and reading, and do not affect the meaning or interpretation of any clause in this Agreement.
