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Cloud Database Terms of Service

最終更新日:2024-06-19 17:21:59
    This Terms of Service is an agreement between Tencent Cloud and you regarding your use of the database service (the “Service(s)”). To use the Services, you shall read and fully understand the terms and conditions of this Terms of Service. Limitations, disclaimers, and other terms involving your material rights and interests may prompt your attention in bold, underlined, etc.
    Please do not purchase or use the Services unless you have thoroughly read, fully understood, and accepted all the terms of this Terms of Service. By confirming through the website, or accepting this Terms of Service in any other explicit or implicit manner, or using the Services, you are deemed to have read and agreed to be bound by this Terms of Service. This Agreement shall have legal effect between you and Tencent Cloud.
    To use the Services, you shall comply with this Terms of Service, the Tencent Cloud Service Agreement and the Service Rules of the Services. The Service Rules shall be based on the content displayed on the Tencent Cloud official website or other relevant pages. You must understand the Service Rules in advance and operate in accordance with the Service Rules to ensure smooth use of the Services. “Service Rules” refer to the service terms, rules, instructions, standards, etc. related to the service content, service level, technical specifications, operation documents, billing standards, etc. of the Services.

    1. Service Content

    1.1 The Services are database service provided by Tencent Cloud. For detailed information about the specific service content, please refer to the official website of Tencent Cloud. The Services include a variety of database products, and each product has different agreements on charging standards and service content. Please read the Service Rules carefully before activating the service and determine the specific service content to purchase or use based on your own needs and circumstances.
    1.2 Tencent Cloud may provide specific Services or parts of Services (the “Free Services”) to eligible customers for various reasons such as customer repay and marketing promotions. You understand and agree that Free Services are additional discounts provided by Tencent Cloud to customers. The service content of Free Services (including but not limited to service standards, etc.) may differ from that of full-priced services. You need to pay attention to this and confirm that you agree to accept it. Otherwise, please do not use the Free Services.

    2. Service Fee

    2.1 The settlement method and billing standards of the Services are clearly stated on your ordering page. You should pay the service fees in full in advance or maintain a sufficient balance in your Tencent Cloud service account (the “Account”) in accordance with the Service Rules of the selected product to ensure continuous use of the service. Tencent Cloud will deduct the service fees from your Tencent Cloud account based on the price system in effect at the time as publicized on the page.
    2.2 After the Services are activated, even if you have not added new service items or resources, and have not performed any new operations, some Services will continue to occupy resources and will therefore continue to incur charges. You should renew or close the Services in a timely manner.
    2.3 Tencent Cloud reserves the right to stop providing Services and technical support to you, or to terminate Services and technical support, before you have paid all fees as agreed. At the same time, Tencent Cloud has the right to require you to pay the service fees that you have not paid before the termination of the Services.
    2.4 Tencent Cloud may launch preferential measures such as “limited-time free”, “limited-time discount”, “limited discount”, “recharge discount” and free Services (collectively, the “Preferential Measures”) during a specific period due to various reasons such as marketing activities and product promotion. You understand and agree that these Preferential Measures may be temporary, phased or have quantity restrictions, or may only apply to customers who meet specific terms. You need to purchase and use the corresponding Services in accordance with the corresponding rules. Unless otherwise clearly stated in writing, Tencent Cloud's Preferential Measures cannot be applied simultaneously.
    2.5 Unless we specify otherwise in a notice, the fees and charges for any new Services or new features of the Services will take effect when we publish the updated fees and charges on our official website. We may increase or add fees or charges for an existing Service you are using after giving you at least 30 days’ prior notice.

    3. Rules of Use

    3.1 You shall comply with the laws and regulations of the country or region to which you belong and in which you are located, and obtain the registration, license or approval (if necessary) from the relevant departments in accordance with the regulations to ensure that you conduct business or non-business activities in accordance with the law, including but not limited to relevant laws, regulations and policy requirements that have been promulgated or will be promulgated in the future by the state and local governments.
    3.2 You have the right to use the Services in accordance with this Terms of Service, but you must comply with relevant laws, regulations and the Service Rules when using the Services, and ensure that you have the business qualifications and capabilities required by the laws and regulations. You may not engage in any behavior that violates the laws and regulations or provide convenience for them.
    3.3 When using the Services, you must maintain the order and security of the Internet and must not infringe upon the legitimate rights and interests of any entity (including but not limited to intellectual property rights, etc.).
    3.4 Tencent Cloud provides you with the technical capabilities of the Services in accordance with the law. The information you need to use the Services should be collected and used by you in accordance with relevant laws and regulations and this Terms of Service. The information you collect will be used entirely and only to meet your needs for using the Services.
    3.5 If the business activities you conduct using the Services provided by Tencent Cloud require the permission or approval of relevant national authorities, you should obtain the relevant permission or approval. You understand and acknowledge that any business or non-business activities require the permission or approval of relevant national authorities and should comply with the requirements of relevant national and local laws and regulations promulgated from time to time.
    3.6 Except as expressly permitted by Tencent Cloud, you may not modify, translate, adapt, rent, sublicense, disseminate on the information network, or transfer the services or software provided by Tencent Cloud, nor may you reverse engineer, decompile, or attempt to discover the source code of the services or software provided by Tencent Cloud in other ways.
    3.7 If Tencent Cloud's Services involve the licensed use of third-party software, you agree to abide by the relevant license agreements.
    3.8 You agree not to distribute email advertisements or spam (SPAM): You shall not use the Services provided by Tencent Cloud to distribute a large number of unwanted or unsolicited emails, electronic advertisements, or emails containing reactionary, pornographic, or other harmful information.
    3.9 You agree not to use the resources and services provided by Tencent Cloud to upload, download, store, or publish the following information or content, and not to provide any convenience for others to publish such information (including but not limited to setting URLs, BANNER links, etc.):
    Political propaganda or news information that violates national regulations.
    Information involving state secrets or security.
    Feudal superstition or obscene, pornographic, vulgar information or information that instigates crime.
    Illegal Internet publishing activities such as prize-winning betting, gambling games, “private servers”, and “plug-ins”.
    Information that violates national ethnic and religious policies.
    Information that interferes with the security or operation of the Internet.
    Information that infringes upon the legitimate rights and interests of others or other information or content that is detrimental to social order, public security, and public morals.
    Other content that violates laws, regulations, departmental rules or national policies.
    3.10 You agree not to conduct any behavior that undermines or attempts to undermine network security (including but not limited to phishing, hacking, online fraud, websites or spaces containing or suspected of spreading: viruses, Trojans, malicious codes, and suspected attacks on other websites and servers through virtual servers such as scanning, sniffing, ARP spoofing, DOS, etc.).
    3.11 You agree not to make any changes or attempt to change the system configuration provided by Tencent Cloud or to undermine system security.
    3.12 You agree not to engage in other illegal, irregular or behavior violating Tencent Cloud Terms of Service.
    3.13 If Tencent Cloud finds that you have violated the above terms, it has the right to take appropriate measures according to the circumstances, including but not limited to immediate termination of Services, suspension of Services or deletion of relevant information. If a third-party organization or individual raises questions or complaints against you, Tencent Cloud will notify you and you are responsible for explaining and providing supporting materials within the specified time. If you fail to provide contrary evidence or fail to provide feedback within the time limit, Tencent Cloud will take measures including but not limited to immediate termination of Services, suspension of Services or deletion of relevant information. If we fail to contact you because you fail to update your contact information in a timely manner or if your contact information is incorrect, it will also be deemed that you have failed to provide feedback within the time limit.
    3.14 You should not install or use pirated software on Tencent Cloud Services or platforms; you bear full responsibility for the consequences of your actions (such as software installed by yourself and operations performed).
    3.15 You are responsible for the integrity and confidentiality of the data you store on the Tencent Cloud platforms and the passwords and codes used to access and manage various products and Services on the Tencent Cloud platforms. You shall be solely responsible for any losses and consequences caused by the loss or leakage of the above data, passwords and codes due to your improper maintenance or improper confidentiality.
    3.16 Please keep your data keys properly. Tencent Cloud Database Service will not store your data keys. This means that after you use the encryption function of Tencent Cloud Database to encrypt your data, if the data cannot be decrypted, Tencent Cloud will not be responsible for this. In addition, you can activate the Key Management Service. For details of the relevant service level agreement, please refer to the Key Management Service (KMS) Service Level Agreement.
    3.17 You shall submit to Tencent Cloud the contact persons for executing this Terms of Service and the list and contact information of the personnel who manage the user network and various products and services on the cloud platform and provide necessary assistance. If there are any changes to the above personnel, you shall update the changed information online and notify Tencent Cloud in a timely manner. You shall be responsible for any consequences arising from the untrue, inaccurate, or incomplete information provided by you and the actions or omissions of the above personnel.
    3.18 You are responsible for the data content you store in the Tencent Cloud Database. Tencent Cloud reminds you to carefully judge the legality of the data content and supervise it. If the uploaded or stored content violates laws, regulations, departmental rules or national policies or endangers national security, all consequences and responsibilities caused by this will be borne by you. Tencent Cloud reserves the right to suspend or terminate your database service and delete the corresponding information without notifying you, without assuming any obligations and responsibilities.
    3.19 You must keep the access log records of your website in accordance with the relevant local laws and regulations, including the content of the information published and its publishing time, Internet address (IP), domain name, etc., and provide them in cooperation with the relevant state authorities when they make inquiries in accordance with the law. You shall bear all legal responsibilities arising from failure to keep relevant records in accordance with the regulations.
    3.20 You understand that Tencent Cloud cannot guarantee that the services it provides are flawless (for example, Tencent Cloud security products cannot guarantee the absolute security of your hardware or software), but Tencent Cloud promises to continuously improve the quality and level of the Services. Therefore, you agree that even if there are defects in the Services provided by Tencent Cloud, such defects are unavoidable given the technical level of the industry at that time and will not be considered as a breach of contract by Tencent Cloud. You agree to work with Tencent Cloud to resolve the above defects.
    3.21 Before you use the Tencent Cloud Database, you should carefully read the service description of the Services on the Tencent Cloud website and follow the relevant operating instructions. Please operate with caution and take the risk. Failure to follow the relevant instructions may result in consequences including but not limited to the deletion of the database, incorrect calculation results, and poor computing performance. You understand and acknowledge that you will be responsible for the consequences of your own operations.
    3.22 For the sake of data security, some products or Services of Tencent Cloud Database may configure data backup and rollback functions for you. The specific backup and recovery time shall be subject to the documentation of each product. You are responsible for completing the configuration and planning of your database backup and rollback related functions.
    3.23 You can use the user and authorization management function in some products to authorize all or part of your database operation permissions to one or more authorized accounts designated by you. All operations performed under any authorized account will be deemed to be performed by you through your own account. You understand and agree that the use of the user and authorization management function is the result of your independent and prudent judgment. You will be fully responsible for all operations under the authorized account and the results arising therefrom, and you will bear the corresponding service fees.
    3.24 Tencent Cloud is only responsible for the operation and maintenance of the underlying parts below the database system and the software provided by Tencent Cloud, i.e., the relevant technical architecture and operating system of the cloud database service. You are responsible for the application part above the database.

    4. User Data

    4.1 You declare and guarantee that the data you process, store, upload, download, distribute and process in other ways through the services provided by Tencent Cloud are your user business data, and you fully own your user business data.
    4.2 You are responsible for the source and content of your user business data. Tencent Cloud reminds you to carefully judge the legality of the source and content of the data. You shall bear all the consequences and responsibilities caused by the violation of applicable laws, regulations, departmental rules or national policies by your user business data. You declare and guarantee that: (1) you have all the rights required to provide user data to Tencent, authorize Tencent to use user data in accordance with the terms of service, and allow you to use relevant user data when using the service; (2) user data and your use of user data through the service do not violate any law or the rights of anyone.
    4.3 Tencent Cloud will not make any unauthorized use or disclosure of user business data except for executing your service requirements and fulfilling this Terms of Service, except in the following circumstances:
    Comply with applicable laws or protect the rights of Tencent;
    Comply with valid court orders, lawful requests from governments or law enforcement agencies, or other requirements that Tencent Cloud cooperate with legal proceedings;
    You and Tencent Cloud have reached an agreement separately.
    4.4 You can delete, modify, and conduct other operations on your user business data. If you release the Services or delete the data on your own, Tencent Cloud will delete your online data and will no longer retain such data in accordance with your instructions. You should be cautious in deleting, modifying, and other operations on your data.
    4.5 When the service period expires, or the Services are terminated early (including but not limited to early termination by mutual agreement of both parties, early termination due to other reasons, etc.) or you are in arrears, unless expressly stipulated by laws and regulations, required by the competent authorities or otherwise agreed by both parties, Tencent Cloud will continue to store your user business data (if any) only during a certain buffer period (subject to the time limit specified in the exclusive terms, product documentation, service description, etc. applicable to the service you ordered). Upon the expiration of the buffer period, Tencent Cloud will delete all user business data, including all cached or backup copies, and will no longer retain any of your user business data.
    4.6 Once deleted, user business data cannot be recovered; you shall bear the consequences and responsibilities caused by the deletion of data. You understand and agree that Tencent Cloud has no obligation to continue to retain, export or return user business data.
    4.7 To ensure the stability of your database resources, the backend system will periodically perform maintenance operations on the database resources that store your user business data during the maintenance time you set. During the maintenance time period, the relevant resources may experience a flash disconnection. Please ensure that the application has a reconnection mechanism. You can set the maintenance time period during the off-peak period of business according to business rules to avoid possible impact on the business during the maintenance process.
    4.8 Based on the agreement between you and Tencent Cloud, Tencent Cloud stores user business data in the data center selected by you. Tencent Cloud abides by its security commitment to users and protects your data stored in the Tencent Cloud Data Center in accordance with applicable laws.

    5. Intellectual Property

    5.1 The trademark rights, copyrights or other intellectual property rights enjoyed by each party shall still belong to each party individually and will not be transferred to the other party or transferred to the joint enjoyment of both parties due to the signing or performance of this Terms of Service.
    5.2 Each party shall respect the intellectual property rights of the other party or any third party. If any third party files a lawsuit or claims compensation against the other party due to infringement of its intellectual property rights or other legitimate rights and interests, the responsible party shall independently handle the relevant disputes, compensate the other party for the direct economic losses, and exempt the other party from liability.
    5.3 The intellectual property rights related to the Services (including but not limited to trademarks, copyrights, patents, etc.) belong to Tencent Cloud (except for those that belong to a third party according to law). Your purchase or use of the Services does not result in the transfer of any intellectual property rights related to the Services.
    5.4 The intellectual property rights of any information, technology, software, services, etc. provided to you by Tencent Cloud belong to Tencent Cloud (except those that belong to a third party according to law). You are only entitled to use them in accordance with this Terms of Service and shall not infringe upon the relevant intellectual property rights of Tencent Cloud in any way. Unless Tencent Cloud expressly agrees, you have no right to copy, disseminate, transfer, license or provide others with the use of the above information, technology, software, services, etc. and their related intellectual property rights. You shall not crack, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or bypass any technical restrictions on the software and systems provided by Tencent Cloud.

    6. Confidential Information

    6.1 For the purpose of this Agreement, the parties have or will provide or disclose certain Confidential Information, where the party disclosing the Confidential Information is the “Disclosing Party” and the party receiving the Confidential Information is the “Receiving Party”.
    6.2 “Confidential Information” refers to non-public information, information, data, materials, etc. held by the Disclosing Party and related to its business, operations, technology and rights, including but not limited to business plans, business information, technology-related knowledge and information, ideas, concepts, plans, provided goods or manufacturer information, customer information, personnel information, business plans, service prices and discounts, financial status and other business activities.
    6.3 If the information learned by the Receiving Party from the Disclosing Party is marked or reasonably recognized as the Disclosing Party’s Confidential Information, the Receiving Party shall keep the Disclosing Party’s Confidential Information confidential and shall not disclose it to a third party or use it for purposes other than this Terms of Service in any manner without the Disclosing Party’s written consent. The Receiving Party shall treat the Disclosing Party’s Confidential Information with the same degree of care as it treats its own confidential information (and no less than the obligation of reasonable prudence).
    6.4 Notwithstanding the foregoing agreement, the relevant information shall not be deemed as confidential information if any of the following circumstances is met:
    Information that the Receiving Party already holds through legal channels or methods before the Disclosing Party discloses it to the recipient.
    The information is already in the public domain, or is disclosed without the recipient's violation of this Agreement.
    Information that the Receiving Party lawfully learns from other third parties who are entitled to disclose the information and are not under any obligation to keep it confidential.
    Information independently acquired or developed by the Receiving Party without use of or reference to any Confidential Information of the Disclosing Party.
    6.5 If the Receiving Party needs to disclose the Disclosing Party’s Confidential Information in accordance with the law based on relevant laws, regulations, rules,or the requirements of the regulatory authorities, it shall not be deemed as a violation of this Agreement. At the same time, the Receiving Party shall strive to help the Disclosing Party effectively limit the scope of disclosure of the Confidential Information and protect the Disclosing Party’s legitimate rights and interests.
    6.6 The confidentiality obligations of both parties shall remain valid during the validity period of this Terms of Service and after its expiration until the relevant information no longer holds any confidential significance.
    6.7 Once a Confidential Information leak occurs, the parties shall cooperate to take all reasonable measures to avoid or mitigate the consequences of damage; if losses are caused to the Disclosing Party, the Receiving Party shall compensate the Disclosing Party for the direct economic losses caused thereby.
    6.8 Tencent Cloud will protect your relevant information in accordance with the provisions of the published TencentCloud Privacy Protection Statement.

    7. Use/Termination of Service

    7.1 If the Services are prepaid, you must pay the corresponding service fee in advance according to the Service Rules before you can use the Services. If the Services are postpaid, you can use the Services in accordance with the Service Rules after submitting the activation application and passing it. Tencent Cloud will bill you based on your actual usage and directly deduct the equivalent amount from your account.
    7.2. In the event of any of the following circumstances, Tencent Cloud will terminate the provision of the Services to you:
    The parties terminate the Services by mutual agreement.
    Due to changes in its own operating policies, Tencent Cloud terminate the Services under this Terms of Service in advance by issuing an announcement on the website, sending a notice on an appropriate page on the website, or sending you an in-site notice or written notice.
    Due to your serious violation of this Terms of Service (including but not limited to a. your failure to perform payment obligations as agreed in this Terms of Service, b. your serious violation of the commitments made in this Terms of Service, c. your serious violation of legal provisions, etc.), Tencent Cloud has the right to unilaterally terminate the Services in accordance with the relevant provisions of this Terms of Service.
    You understand and fully acknowledge that although Tencent Cloud has established (and will continue to improve in accordance with technological development) necessary technical measures to prevent matters or behaviors that endanger network security, including computer viruses, network intrusions and attacks (hereinafter collectively referred to as such behaviors), in view of the limitations and relativity of network security technology and the unpredictability of such behaviors, if you encounter such behaviors and it causes harm to Tencent Cloud or other networks or servers of Tencent Cloud (including but not limited to local, foreign and international networks, servers, etc.), or affects the smooth connection between Tencent Cloud and the international Internet or between Tencent Cloud and specific networks, servers and Tencent Cloud itself, Tencent Cloud may decide to suspend or terminate the Services.
    Tencent Cloud may terminate this Terms of Service 30 days in advance by notifying you on the Tencent Cloud official website or by sending you a notice on the website or in writing. At that time, Tencent Cloud shall refund the amount you have paid but not spent to your Tencent Cloud account.

    8. Limitation of Liability

    8.1 You understand and agree that you may encounter the following situations that may cause service interruption during the use of Tencent Cloud Services. In the event of the following situations, Tencent Cloud shall promptly cooperate with relevant units to repair them, but Tencent Cloud will not be liable for any losses caused to you.
    Force majeure includes but not limited to natural disasters, government actions, promulgation and adjustment of laws and regulations, unrest and other objective circumstances that are unforeseeable, unavoidable and insurmountable.
    Reasons caused by basic operators include but not limited to technical adjustments by telecommunications departments, damage to telecommunications/power lines by others, and installation, transformation, and maintenance of telecommunications networks/power resources by telecommunications/power departments.
    Network security incidents, such as computer viruses, Trojans or other malicious programs, and damage caused by hacker attacks.
    You use Tencent Cloud Services in a manner not authorized by Tencent Cloud, you operate improperly, or your computer software, system, hardware, and communication lines occur malfunction.
    Other situations that are not Tencent Cloud’s fault and that Tencent Cloud cannot control or reasonably foresee.
    Tencent Cloud needs to suspend the Services for a short period of time when performing server configuration and maintenance.
    The access speed of your website is reduced due to congestion on the Internet.
    8.2 If the performance of this Terms of Service is delayed or any party breaches the Terms of Service due to force majeure, reasons of the basic operator, network security incidents or other events beyond the reasonable control of the parties, neither party shall be liable for breach of contract. However, the affected party shall notify the other party as promptly as possible. If the aforementioned events hinder the performance of the Terms of Service for more than 30 days, either party may terminate the Terms of Service by giving the other party written notice 15 days in advance. If the Terms of Service is terminated due to this clause, neither party shall be liable for breach of contract.
    8.3 You understand and agree that Tencent Cloud's Services are provided in accordance with the current status of existing technologies and conditions. Tencent Cloud will make every effort to ensure the continuity and security of the Services, but Tencent Cloud cannot guarantee that the Services it provides are flawless. Therefore, even if there are defects in the services provided by Tencent Cloud, if the above defects are unavoidable due to the technical level of the industry at that time, it will not be regarded as a breach of contract by Tencent Cloud, and it does not need to bear any responsibility. Both parties should work together in a friendly manner to solve the problem.
    8.4 In any case, neither party shall be liable to the other party for any indirect, incidental, special or punitive damages and losses (such as loss of profits, loss of opportunity, fees paid to third parties, loss or damage to reputation/goodwill, etc.), whether based on contract, warranty, tort or any other liability theory, regardless of whether either party knew or should have known of the possibility of such losses or damages.
    8.5 In any case, the total amount of compensation liability that Tencent Cloud bears to you based on this Terms of Service and the Services (whether based on contract, tort or any other liability theory) shall not exceed the total amount of fees you have paid to Tencent Cloud for the Services; if the service period of your use of the Services exceeds 12 months, the maximum compensation liability of Tencent Cloud shall not exceed the total amount of fees you have paid to Tencent Cloud for the Services in the 12 months before the damage occurred (for the avoidance of ambiguity, the fees here refer to the actual cash you have paid for the actual duration/quantity of use of the Services, excluding prepaid but not actually consumed fees, vouchers, etc.). If this clause conflicts or is inconsistent with other agreements between the two parties or the Tencent Cloud Service Rules, this clause shall prevail.

    9. Applicable Law and Dispute Resolution

    The specific rules shall be subject to the Tencent Cloud Service Agreement.

    10. MISCELLANEOUS

    10.1 Tencent Cloud reserves the right to modify this Terms of Service when appropriate or necessary according to any changes. You can refer to the relevant contents in the latest version on the website of Tencent Cloud. If you do not agree with Tencent Cloud’s modification to this Terms of Service, you have the right to stop using the Services and notify Tencent Cloud in writing. If you continue to use the Services, you shall be deemed to have accepted the modified Terms of Service.
    10.2 This Terms of Service, as a supplement to the Tencent Cloud Service Agreement, shall have the same legal effect as Tencent Cloud Service Agreement. You shall comply with the provisions of Tencent Cloud Service Agreement during your use of the Services.
    10.3 Matters not covered by this Terms of Service shall be subject to the relevant provisions of the Tencent Cloud Service Agreement. In the event of a conflict or inconsistency between the terms of this Terms of Service and Tencent Cloud Service Agreement, this Terms of Service shall prevail, but only to the extent of such conflict or inconsistency.(End)
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