These Service Terms are the effective contract concluded by and between you and the owner of the JD Cloud website (hereinafter referred to as "JD Cloud" website: www.jdcloud.com) on the matters related to JD Cloud Object Storage Service. You select to accept these Service Terms by sealing or clicking to confirm on the web page, or with other method, including but not limited to actually using JD Cloud Object Storage Service without clicking to confirm, indicating that you have reached an agreement with JD Cloud and agree to accept all agreed contents of these Service Terms. If the text sealed by the Parties is inconsistent with the Service Terms confirmed on the web page or clicked to be accepted otherwise, the text sealed by the Parties shall prevail.
With regards to these Service Terms, you are reminded to pay extra attention on the terms of limitation and exemption, terms of JD Cloud judging and handling your violation and breach of Terms, and the optional terms of the competent court. Limit and exemption terms may be in bold or underlined for highlighting. Please read through these Service Terms carefully before accepting these Service Terms. If you have any questions about the terms of these Service Terms, please contact the relevant business department of JD Cloud to state the inquiry, and JD Cloud will explain the term contents to you. If you do not agree with any of these Service Terms, or cannot accurately understand JD Cloud's interpretation of the Terms, please do not conduct follow-up actions.
1.1 For the purposes of these Terms, the "Service" means: JD Cloud provides you with JD Cloud Object Storage Service and related technologies and network support services as displayed on the website www.jdcloud.com.
1.2 The services provided by JD Cloud must comply with these Service Terms.
2.1 The service charge will be listed and shown on your order page; you shall pay the corresponding service charge according to the price system in force on www.jdcloud.com.
2.2 The JD Cloud Object Storage Service is a Pay-As-You-Go service: Once the service is enabled, JD Cloud will provide service to you. JD Cloud will issue the bill every day according to your actual usage of the previous day, and you need to pay the service charge to your JD Cloud account as per the bill amount. Please view the page announcement on www.jdcloud.com for the deduction rules, which is subject to the billing mode and standard in force on the page.
2.3 JD Cloud reserves the right not to provide you with services and/or technical supports or to terminate the services and/or technical supports until you have paid off all the costs as agreed.
2.4 You fully understand that all the free service items or activities in the JD Cloud price system are one-off special offers from JD Cloud in addition to the normal service price. The contents of the offer do not include the modification, update and maintenance costs of the free service items, and the free service items cannot be converted into money to offset the service charge.
2.5 You understand and agree that JD Cloud has the right to unilaterally adjust the charge standard and charging method at any time according to the actual situation without obtaining your prior consent; JD Cloud will make the best efforts within the reasonable scope to notify you in advance of the aforementioned adjustments and changes by the official website announcement, the intra-website notices or the contact information you provided; and the services purchased and paid in full amount before the adjustment date will not be affected.
3.1 Your Rights and Obligations
3.1.1 You agree to abide by these Service Terms and the related management specification and procedures on the service display page. You understand that the above contents of the agreement and specification may change from time to time. If any change is made to the contents of these Service Terms, JD Cloud shall notify you of the modified contents by announcement on the suitable coverage on www.jdcloud.com in advance. If you disagree with JD Cloud's modification to the related terms in these Service Terms, you have the right to stop using JD Cloud's services. In such case, JD Cloud shall settle the service charge with you (if any), and you shall move the business data out. If you continue to use JD Cloud services, you are deemed to have accepted the modifications made by JD Cloud to the related terms in these Service Terms.
3.1.2 You shall pay the corresponding service cost according to the Page notifications of JD Cloud and the agreement in these Service Terms.
3.1.3 You undertake that:
220.127.116.11 If your business or non-business activities using the services provided by JD Cloud require the license or approval of the relevant state departments, you shall obtain the relevant license or approval. It includes but not limited to the following:
If your websites use JD Cloud Object Storage Service to store data, you must guarantee that all websites you operate are licensed or approved by the relevant national authorities;
If your website provides non-operational Internet information services, you must handle the non-operational website ICP filing formalities, ensure that all the filing information submitted is true and effective, and submit the updated information in the filing system in time when the filing information changes;
If your website provides operational Internet information services, you shall also obtain a license for the operational website with the local communication management department;
If you provide electronic bulletin services such as BBS, you shall also implement ICP filing or obtain corresponding approval according to relevant laws and regulations;
If you operate an Internet game website, you shall obtain the Permit for Cyber Culture Business Operations;
If you operate an Internet video website, you shall obtain a License for the Dissemination of Audiovisual Programs according to law;
If you are engaged in Internet information services such as news, publishing, education, medical care, pharmaceuticals and medical devices, it shall be reviewed and approved by relevant competent departments in accordance with laws, administrative regulations and relevant state regulations, and shall be reviewed and approved by relevant competent departments before applying for business license or handling ICP filing formalities.
You understand and acknowledge that the above list does not exhaust all types of licenses or approvals required by the relevant state departments for your business or non-business activities. You shall obtain relevant licenses or approvals, and shall comply with the requirements of relevant laws and regulations issued by the state and local from time to time.
18.104.22.168 Except for the express license of JD Cloud, the software provided by JD Cloud may not be modified, translated, adapted, leased, sub-licensed, or disseminated or transferred on the information network, nor reversely engineered, decompiled or found the source code of the software provided by JD Cloud in other ways by attempt;
22.214.171.124 If JD Cloud's services involve the use license of third-party software, you agree to abide by the relevant license protocol;
126.96.36.199 Do not disseminate Email advertisements or SPAM: Do not use the services provided by JD Cloud to disseminate a large number of unwelcome or unsolicited Emails, electronic advertisements or Emails containing reactionary, pornographic and other harmful information;
188.8.131.52 Do not use the resources and services provided by JD Cloud to upload, download, store, and release the following information or contents, and do not provide any convenience for others to publish such information (including but not limited to setting URL, and BANNER links, etc.):
184.108.40.206.1 Political propaganda and/or news in violation of state regulations;
220.127.116.11.2 Information concerning state secrets and/or security;
18.104.22.168.3 Information on feudalistic superstition and/or obscenity, pornography, indecency or information abetting commitment of crime;
22.214.171.124.4 Lottery prizes, gambling games, "private services", "plug-ins" and other illegal Internet publishing activities;
126.96.36.199.5 Information that violates national ethnic and religious policies;
188.8.131.52.6 Information that impedes running security of the Internet;
184.108.40.206.7 Information that infringes upon the legitimate rights and interests of others and/or other information or contents detrimental to social order, social security and public morals;
220.127.116.11.8 Other contents that violate laws and regulations, departmental regulations or national policies.
18.104.22.168 You shall not occupy or cause programs or processes to occupy a large amount of the server memory, CPU or network bandwidth resources on the platform (hereinafter referred to as the "cloud platform") consisting of JD Cloud computing resources (such as cloud servers, network bandwidth, and bucket), causing serious load on the networks, servers (including but not limited to local and foreign and international networks, servers, etc.), products/applications, etc. of JD Cloud platform or other users of JD Cloud, affecting the smooth communications between JD Cloud and the Internet or between JD Cloud and specific networks and servers as well as the smooth internal communication within JD Cloud, or resulting in the system breakdown or system halt of the servers which the products and services of JD Cloud platform or other users’ websites of JD Cloud are on, or failure of access of users to the products/applications based on the cloud platform, etc.;
22.214.171.124 Do not conduct any acts that damage or attempt to damage network security (including but not limited to phishing, hacking, internet fraud, website or space containing or suspected of disseminating: viruses, webshell, malicious code, and other acts suspected of attacking other websites and servers through virtual servers such as scanning, sniffing, ARP spoofing and DOS);
126.96.36.199 Do not make any changes or attempts to change the system configuration provided by JD Cloud or damage the security of the system;
188.8.131.52 Do not engage in other acts that violate the laws, regulations or JD Cloud Service Terms;
184.108.40.206 If JD Cloud finds that you have violated the agreement of the above terms, you have the right to take corresponding measures according to the situation, including but not limited to immediately terminating the services, suspending the services or deleting the corresponding information. If you are challenged or complained by a third party institution or individual, JD Cloud will notify that you are responsible for making the explanation and issuing the certification materials within the specified time. If you fail to provide the evidence to the contrary or feedback within the specified time, JD Cloud will take measures including but not limited to immediately terminating the services, suspending the services, or deleting the corresponding information. In the event of failure to contact you due to the wrong contact information you provided or your failure of updating the contact information in time, you are deemed to have failed to provide feedback.
3.1.4 You understand and agree that the state secrets of the People’s Republic of China are protected by laws; you have the obligations to keep the state secrets of the People’s Republic of China confidential; your use of JD Cloud Object Storage Service shall comply with the requirements of laws and regulations related to confidentiality, and shall not damage the security of the state secrets of the People’s Republic of China, or you will be investigated under the relevant laws.
3.1.5 You shall not install or use pirated software on JD Cloud service or platform; you are solely responsible for the consequences of your acts (such as software installed by yourself and actions you perform).
3.1.6 You are responsible for the data stored by yourself on JD Cloud Platform as well as the integrity and confidentiality of the passwords of entering and managing the products and services on the JD Cloud Platform. All losses and consequences caused by the loss or leakage of the above data, passwords, etc. due to your improper maintenance or improper confidentiality shall all be borne by you.
3.1.7 You are responsible for the content of data that you store on JD Cloud platform; JD Cloud prompts you to exercise caution in judging the legitimacy of data content, and conducts supervision on this; if the uploaded and stored contents are in violation of laws and regulations, department rules or national policies, you will be responsible for all the consequences, and system records of JD Cloud may be used as evidence of your violation of laws and regulations.
3.1.8 You shall submit the contacts performing these Service Terms and the list of personnel managing the user network and the various products and services on the Cloud Platform and their contact information to JD Cloud, and shall provide necessary assistance. If the above personnel changes, you shall update the information after the change online and notify JD Cloud in time. If the information of the personnel you provide is untrue, inaccurate or incomplete, you shall be responsible for all the consequences of the acts or omissions of the aforementioned personnel.
3.1.9 You must keep the access log records of your website in accordance with the Administrative Measures for Internet Information Services, Management Provisions on Electronic Bulletin Services in Internet and other laws and regulations, including the contents and time of the released information, Internet address (IP), domain, etc., and shall cooperate and provide the above records when the relevant state organs make inquiries according to law. You are solely responsible for all legal liability arising from the failure to keep relevant records as required.
3.1.10 In view of the limitations of the industry's current level of technology development, you understand that JD Cloud cannot guarantee that the services provided are flawless (For example, JD Cloud security products cannot guarantee the absolute security of your hardware or software); however, JD Cloud commits to continuously improve service quality and service level. Therefore, you agree: Even if the services provided by JD Cloud have flaws, the aforementioned flaws are unavoidable at the time of the industry's technology level, and JD Cloud shall not be deemed to have breached these Terms. You agree to cooperate with JD Cloud to solve the aforementioned problems.
3.1.11 Data backup is your obligation and responsibility. Although the JD Cloud Object Storage Service has the data backup function, it doesn't mean that data backup is JD Cloud's obligation. JD Cloud does not guarantee to back up user data completely and assumes no responsibility for backup work or consequences thereof of user data.
3.2 Rights and Obligations of JD Cloud
3.2.1 JD Cloud shall provide services as agreed in these Service Terms.
3.2.2 During the service period, JD Cloud will provide you with the following customer services:
220.127.116.11 JD Cloud will provide a 7×24 after-sales fault service for the paying customers, and provide effective contact information for the paying customers to ensure that the paying customers can contact the fault contacts. The fault contacts will send feedback in time after define the fault;
18.104.22.168 JD Cloud will provide a 7×24 hours online ticket service system to answer customer questions during the use.
3.2.3 JD Cloud will eliminate the faults caused by non-man made actions, except for due to your account and/or force majeure and matters out of the control scope of JD Cloud.
3.2.4 JD Cloud shall strictly comply with the confidentiality obligation.
4.1. For the purpose of serving you, JD Cloud may provide services to you by using your data, including but not limited to sending products and service information to you.
4.2 Your user data will be disclosed in part or in whole under the following circumstances:
4.2.1 Disclosed to a third party with your consent;
4.2.2 Disclosed to a third party or administrative or judicial authorities in accordance with the relevant provisions of the laws, or at the request of the administrative or judicial authorities;
4.2.3 Disclosed to a third party in your violation of relevant Chinese laws and regulations;
4.2.4 Your data have to be shared with a third party to provide the software or services required by you.
4.3 Unless statutory or otherwise agreed between JD Cloud and you, within 60 days from the suspension of the service due to your arrearage, JD Cloud will keep the data you’ve stored, and continue the billing, but all operations under your account are frozen; upon the expiration of 60 days from the suspension of service due to your arrearage (expiration of the period from the start time of suspension on the suspension date of the service to the same time on the 60th day), JD Cloud will no longer keep your data, and you shall be solely responsible for all consequences arising from the destroy of such data.
5.1 You shall ensure that the materials submitted to JD Cloud, the use of JD Cloud services and the consequences of using JD Cloud services do not infringe the legitimate rights and interests of any third party. If a third party files a claim, lawsuit or may file a lawsuit against JD Cloud based on copyright infringement, infringement of rights and interests of a third party or violation of Chinese laws and regulations or other applicable laws, you shall compensate JD Cloud for the costs or losses borne thereby, and JD Cloud shall be completely exempted from any liability.
5.2 If a third party institution or individual challenges you or complains to you about the intellectual property rights of the relevant materials involved in the use of JD Cloud services, you are responsible for issuing relevant intellectual property right certification materials and cooperating with JD Cloud's relevant complaint handling work.
5.3 You acknowledge that the intellectual property rights of any materials, technologies or technical supports, software, services, etc. provided by JD Cloud are owned by JD Cloud or a third party. Except for the express consent of JD Cloud or a third party, you have no right to copy, disseminate, transfer, license or provide others to use the above resources; otherwise you shall bear corresponding responsibilities.
6.1 Confidential information refers to all technical and non-technical information (including but not limited to product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, research and development, software and hardware, API application data interface, technical description, design, special formulas, special algorithms, etc.) disclosed by one Party to the other Party.
6.2 Either Party to these Service Terms agrees to keep the aforementioned confidential information of the other Party confidential and strictly restricts the employees who access the above confidential information to complying with the confidentiality obligation of the Article. The party that accepts confidential information may not disclose it unless the state organs mandate it according to law or the aforementioned confidential information has entered the public domain.
6.3 The user information, business data, etc. respectively recognized expressly by the Parties to these Service Terms are the respective important assets and key confidential information. The Parties to these Service Terms agree to do their utmost to protect the above confidential information from disclosure. In the incident of any such confidential information disclosure incident, the Parties shall cooperate to take all reasonable measures to avoid or mitigate the consequences of the damage.
6.4. The Terms does not lose effect due to the termination of these Service Terms.
7.1. You can use JD Cloud service from the date of enabling.
7.2. You shall keep your account balance sufficient to ensure continuous use of the services.
7.3 The services will be terminated in the following cases:
7.3.1. The Parties agree to terminate in advance upon consensus;
7.3.2 In case that you are in serious breach of these Service Terms (including but not limited to a. you have not performed your payment obligation as agreed, and/or b. you have seriously violated the provisions of laws, etc.), JD Cloud has the right to terminate the services in advance and you still shall pay the unpaid service charges; wherein, if you fail to perform your payment obligation as agreed, JD Cloud will suspend and terminate the services as the following terms:
22.214.171.124 You can continue using the JD Cloud Object Storage Service for 24 hours from the time of the first arrear. If you still have not successfully recharged enough amounts to cover the service charge after the expiration of the 24 hours, JD Cloud will suspend the service and freeze operation of the Object Storage Service under your account, with your data stored and the billing continuing;
126.96.36.199 If you still have not successfully recharged enough amount to pay the service charge after the expiration of the 15 days from the time of service suspension by JD Cloud (from the suspension start moment of the date service being suspended to the same moment of the 15th day is the expiration of the period), then JD Cloud will terminate the Service Terms and stop providing service for you. At the same time, all the data you store on JD Cloud will be deleted and cleared and can never be restored.
7.3.3 You understand and fully recognize that although JD Cloud has established (and will continue to improve according to the development of technology) necessary technical measures to protect against the matters or acts harmful to network security (hereinafter referred to as such acts) including computer viruses, network intrusions, attack damages (including but not limited to DDOS), given the limitations and relativity of network security technology and the unpredictability of such acts, JD Cloud may decide to suspend or terminate the services if your website encounter such acts and bring harms to JD Cloud or JD Cloud’s other networks or servers (including but not limited to local and foreign and international networks, and servers, etc.), or affect the smooth communications between JD Cloud and the Internet or between JD Cloud specific and networks and servers and internal smooth communication within JD Cloud. If the services are terminated, the service charge will be calculated based on the actual services provided, and you still shall pay the service charge you have not paid (if any).
7.3.4 JD Cloud can terminate these Service Terms by sending out a public notice or giving you an on-website or written notice at www.jdcloud.com. At that time, JD Cloud shall refund the amount you have paid but not consumed to your JD Cloud account.
8.1 Any Party to these Service Terms shall be liable for breach of Terms in accordance with the law.
8.2 You understand that due to the particularity of computers and the internet, JD Cloud's breach of Terms does not include the following cases:
8.2.1. When JD Cloud performs server configuration and maintenance, the services need to be suspended for a short time;
8.2.2 Your website access speed is degraded due to path congestion on the Internet.
8.4 JD Cloud shall not be liable for any indirect, consequential, disciplinary, incidental or special damages in any cases, including loss of profits suffered by you using JD Cloud services (even if you have been informed of the possibility of such losses).
8.5 JD Cloud's total liability for breach of these Service Terms shall not exceed the total service charge corresponding to the breach service in any cases.
9.1 Where the performance of these Service Terms becomes impossible, unnecessary or meaningless due to force majeure or other accidents, the Party suffering from force majeure or accident shall not be liable.
9.2 Force majeure and accidents are objective events that cannot be foreseen, cannot be overcome and cannot be avoided and have a significant impact on one Party or the Parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemic plagues, and social events such as wars, turmoil, government actions, telecommunication trunk line interruptions, hackers, network congestion, technical adjustments in the telecommunication sector, and government regulations.
10.1 These Service Terms are subject to the jurisdiction of the laws of the People's Republic of China.
10.2 In the event of disputes arising from the performance of these Service Terms, the Parties shall promptly resolve the disputes. When the negotiation fails, either Party may file a lawsuit directly with the People’s Court of Daxing District of Beijing.
11.1 JD Cloud's service description, price description on relevant pages and the order page confirmed and agreed by you www.jdcloud.com are integral parts of these Service Terms. If the service description and price description on relevant pages of JD Cloud www.jdcloud.com and the order pages agreed and confirmed by you are inconsistent with these Service Terms, these Service Terms shall prevail.
11.2 JD Cloud is entitled to transfer part or all of the rights and obligations under these Service Terms to JD associated companies by making an announcement on www.jdcloud.com or giving you an on-website or written notice to you.
11.3. If any terms, in nature or otherwise, shall continue to exist after the termination of the Agreement, they shall be deemed to be continuing terms, including but not limited to warranty, confidentiality, intellectual property right, governing law and dispute resolution.