(2) Endangers national security, leaks state secrets, subverts state power, and harms national unity.
(3) Harms national honor and interests.
(4) Incites ethnic hatred and ethnic discrimination and undermines the unity of all ethnic groups.
(5) Undermines the state's religious policies and promotes cults and feudal superstitions.
(6) Spreads rumors, disrupts social order, and destroys social stability.
(7) Spreads obscenity, pornography, gambling, violence, murder, or terror, or instigates crimes.
(8) Insults or slanders others, or infringes upon the legitimate rights of others.
(9) Incites unlawful assembly, association, procession, demonstration, and gathering crowds to disrupt the social order.
(10) Organizes activities in the name of illegal non-governmental organizations.
(11) Contains false, harmful, intimidating, privacy-infringing, harassing, invasive, slandering, vulgar, obscene, or other morally repulsive content.
(12) Violates the intellectual property rights or other legitimate rights and interests of others.
(13) Contains content that is restricted or prohibited by Chinese laws, regulations, rules, and any other norms with legal effect.
6.3.5. Users shall not use the resources and services provided by Alibaba Cloud to upload, download, store, or publish any illegal, rule-breaking, infringing, obscene, pornographic, immoral, fraudulent, slandering, unlawfully threatening, or unlawfully harassing information or content, and shall not provide any convenience for others to publish such information (including, but by no means limited to URL setting and banner links).
6.3.6. Users shall not establish or use the related devices and configurations to run programs or processes that are irrelevant to Tianchi services, or write malicious code deliberately to occupy a large amount of memory, CPU, or network bandwidth resources of the Tianchi server, create a heavy load on the networks, servers (including, but by no means limited to local, remote, and international networks and servers), products, applications, etc. of Tianchi or other users of Tianchi, affect the smooth communication between Tianchi and the Internet or between Tianchi and specific networks, servers, and Alibaba Cloud, or cause the downtime of servers where Tianchi or other users' websites are located, or make users' products or applications based on Tianchi inaccessible.
6.3.7. Users shall not engage in any actions that undermine or attempt to undermine network security (including, but by no means limited to phishing, hacker attacks, cyber scams, injection of or suspected involvement in the spreading of viruses, Trojan horses, and malicious code to websites or cyberspace, and suspected involvement in attacks against other websites and servers by using virtual servers).
6.3.8. Users shall not conduct any activity that changes or attempts to change the system configurations provided by Alibaba Cloud or undermines network security.
6.3.9. Users shall not infringe upon the legitimate rights and interests of Alibaba Cloud and/or our related companies or any third parties.
6.3.10. If Tianchi services involve the licensed use of third-party data and software, users agree to be bound by the relevant license agreement.
6.3.11. Users shall warrant that they have legal intellectual property rights or authorizations for the code, knowledge, and other content that they have uploaded or published in the Tianchi Lab. If the code, knowledge, or other content that users have uploaded or published in the Tianchi Lab is involved in rights disputes or infringes upon the legitimate rights and interests of any third party, users shall assume the responsibility, and Alibaba Cloud shall not bear any responsibility for it. Users shall therefore be liable for full compensation if any losses are caused to Alibaba Cloud or any third party.
6.3.12. Users shall warrant and confirm that the code, knowledge, and other content that they have uploaded or published in the Tianchi Lab are free for other users to download. Other users shall abide by the rights statement attached to the code, knowledge, and other content. If no rights statement is attached, other users shall use the code, knowledge, or other content for learning, research, and other non-commercial purposes only, and shall indicate that the rights holder and origin as "Tianchi platform" (with the corresponding Tianchi URL).
6.3.13. The data that users download from the Tianchi database can only be used for scientific research and educational purposes. Users shall not sell, transfer, or use the database or research results or outputs derived from the database in any commercial activities. Users who use the Tianchi database to publish papers, give public speeches, or engage in other activities shall indicate the origin of such database. Users shall upload legitimate, public, and licensed database with ownership to Tianchi. If Tianchi receives a complaint, it is entitled to remove the database uploaded by the relevant user. Unless mandated by the laws, Tianchi makes no representations or warranties to the database, including but not limited to non-infringement or fitness for a particular purpose. Users assume full responsibility for their use of database. If any claims are made against Tianchi in connection with users' use of database, inlcuding but not limited to the use of any derivative works resulting from database, users shall indemnify Tianchi. A third party other than Alibaba Cloud may impose its own terms and conditions for the use of the database it uploaded. In such case, the third party's terms and conditions shall prevail.
6.3.14. All information that users publish, share, and discuss on Tianchi in any form shall comply with national laws and regulations, the relevant provisions of the website, and the public order and social conventions, and shall not violate the legitimate rights and interests of any third party. Alibaba Cloud is entitled to check the content uploaded by users at any time. If the content uploaded by users does not comply with the foregoing provisions, Alibaba Cloud is entitled to delete, re-edit, or modify such content. Alibaba Cloud is entitled to check, edit, and modify the content uploaded by users. However, Alibaba Cloud does not guarantee the legality, legitimacy, accuracy, or integrity of the content disseminated through Tianchi. Under no circumstances shall Alibaba Cloud assume any responsibility for any content, including, but by no means limited to direct or indirect losses caused by any content. Users shall assume all legal consequences at their own risk. Alibaba Cloud is entitled to claim compensation for losses caused by users. Alibaba Cloud will save the legitimate content uploaded by users as much as possible. However, Alibaba Cloud does not undertake to save the uploaded content for users, and users shall make backups on their own.
6.3.15. Users shall not use the AI learning services for commercial purposes, and shall not use, duplicate, copy, sell, share, or advertise any part or all of the AI learning services for commercial purposes.
6.3.16. Users shall not engage in other illegal, rule-breaking, or inappropriate behavior.
6.4. If it is necessary to upload or share the code, algorithms, models, data, materials, documents, etc. (hereinafter collectively referred to as the "uploaded content") during the use of Tianchi services, users shall represent and warrant that they will comply with the following requirements:
6.4.1. The uploaded content comes from legal sources and does not infringe upon the legitimate rights and interests of others (including, but by no means limited to intellectual property rights, business secrets, and users' privacy rights). If necessary, users shall obtain the relevant permission or approval, and follow the requirements of laws and regulations issued and updated from time to time. If Alibaba Cloud so requests, users shall provide the relevant certificates, agreements, qualification proofs, etc. in a timely manner. Users understand and acknowledge that Alibaba Cloud's inspection of their certificates, agreements, or qualification proofs is only a regular verification. Alibaba Cloud's inspection does not represent that Alibaba Cloud has the obligation or the ability to confirm users' legitimate use or sharing of the uploaded content. Users shall voluntarily comply with their representations and warranties contained in this paragraph, and shall assume all legal consequences that may arise. Alibaba Cloud is entitled to claim compensation for losses caused by users.
6.4.2. The uploaded content shall be secure, stable, and effective, and free of viruses, worms, Trojan horses, and other harmful code, files, scripts, and programs, or features of any malware that the Internet Society of China has acknowledged. The uploaded content shall not damage the relevant systems of Alibaba Cloud and/or our related companies, or damage the data of Alibaba Cloud, our related companies, or other third parties.
6.4.3. Users shall not attack or use any improper means to steal and acquire data from Tianchi.
6.4.4. If this Agreement is dissolved, terminated, or canceled in advance for any reason, users who need to delete uploaded content shall perform the relevant operations through features in Tianchi services. If Alibaba Cloud's assistance is needed, the users shall notify Alibaba Cloud in advance.
6.4.5. If judicial organs, administrative organs, or third-party rights holders propose that the content uploaded by a user is suspected of infringement, etc. and they notify and require Alibaba Cloud to delete part or all of the content that the user has uploaded to Tianchi, Alibaba Cloud is entitled to delete such content in accordance with the requirements of the judicial organs, administrative organs, or third-party rights holders without assuming any liability for breach of contract.
6.5. Tianchi does not provide data backup capabilities. Users understand and agree that it is their duty and responsibility, rather than Alibaba Cloud's duty, to back up and save data. Alibaba Cloud does not assume any responsibility for backing up and saving users' data or the consequences arising therefrom. Users agree and understand that after the competition or scientific research project in which they are participating comes to an end, Alibaba Cloud will delete all algorithms, models, and data that they produced or used in the course of the competition or scientific research project from Tianchi.
6.6. Users shall carefully read the specific rules that Alibaba Cloud has posted on the website for each Tianchi service (including, but by no means limited to the specific rules issued by Tianchi for each competition and each scientific research project), the relevant operation guidelines, and instructions, and shall perform operations in accordance with the relevant guidelines.
6.7. If a user's account with the permission to access Tianchi has been restricted for logon by the Alibaba Cloud official website (aliyun.com), the user will be restricted from using Tianchi services.
6.8. You agree to receive all kinds of information from Tianchi, including, but by no means limited to event information, transaction information, and promotion information.
7. Intellectual property rights
7.1. Alibaba Cloud and/or third-party rights holders shall own the intellectual property rights, including, but by no means limited to trademark rights, patent rights, copyrights, and the right of use of all content on Tianchi, including, but by no means limited to data, pictures, files, information, materials, website architecture, website graphics arrangement, and web design. Without the written consent of Alibaba Cloud and/or third-party rights holders, no one shall use, modify, copy, disseminate, or publish the above content. In addition, without the prior written consent of Alibaba Cloud and/or the foregoing third-party rights holders, users shall not use, publish, or copy the name of Alibaba Cloud (including, but by no means limited to individually or in combination, involving "Tianchi", "Alibaba", "Alibaba Cloud", "Aliyun", and other brands of Alibaba Cloud and/or our related companies, the logos and patterns of the foregoing brands, or any similar company names, business names, trademarks, and products, or names, domain names, pattern labels, symbols, signs, etc. that enable third parties to recognize Alibaba Cloud and/or our related companies based on certain descriptions) for any marketing, advertising, promotion, or other purposes. The responsibilities and obligations of users under this paragraph shall survive the termination of this Agreement and remain fully binding.
7.2. Users warrant that they shall use all research results from the use of Tianchi Lab services for the purpose of academic research only, and shall indicate that the research results are produced on Tianchi. Users hereby pledge not to use the research results to engage in any business activities or gain any commercial benefits. Otherwise, Alibaba Cloud reserves the right to pursue and claim the relevant rights from users. Users hereby irrevocably agree to grant Alibaba Cloud and our related companies the right to use all of the foregoing research results on a global scale indefinitely, without restriction, and free of charge for cooperative research, commercial use, and other purposes. For new achievements resulting from the use of the foregoing research results by Alibaba Cloud and our related companies, Alibaba Cloud and our related companies shall have the complete intellectual property rights. If Alibaba Cloud and our related companies intend to achieve the complete intellectual property rights of the foregoing research results, users agree that Alibaba Cloud has the right of first refusal under the same conditions. The relevant transfer matters shall be determined separately through consultations between the two parties.
7.3. All intellectual property rights generated by users during the Tianchi competitions shall be determined separately in accordance with the competition agreements, rules, statements, etc. issued by Tianchi during the competition process.
7.4. Users shall ensure that they do not violate the legitimate rights and interests of any third parties as a result of their participation in the Tianchi competitions or research. If a third party files a claim, a lawsuit, or a possible lawsuit against Alibaba Cloud and our related companies based on such results, the user shall assume full responsibility and losses arising therefrom of Alibaba Cloud and our related companies. Tianchi may immediately inform the user of the termination of this Contract.
7.5. The responsibilities and obligations of users under this paragraph shall survive the termination of this Agreement and remain fully binding.
8.1. Users agree that all information that Alibaba Cloud discloses or provides to them, including, but by no means limited to data and algorithms (if any), models (if any), and code (if any), the information that Alibaba Cloud does not disclose but is known to users, and the information that Alibaba Cloud obtains from third parties that is subject to confidentiality obligations, shall be considered as confidential information, and users agree to assume confidentiality obligations for such information. Users shall consciously protect the confidential information and take all necessary confidentiality measures. Users shall not disclose the confidential information to the public or to third parties.
8.2. Alibaba Cloud is not liable for the authenticity, applicability, integrity, and rationality of the confidential information mentioned above. Alibaba Cloud shall assume no responsibility for users' use of the confidential information.
8.3. Users warrant that they shall use the confidential information in designated areas and systems and for agreed purposes only as required by Alibaba Cloud. Users shall not obtain and use the confidential information in ways that do not meet the requirements of Alibaba Cloud, reverse-engineer, decompile, or try to decode the source code and potential information, or in any way leak, disclose, disseminate, sell, or transfer to any third party or use the confidential information for commercial and other purposes. Users shall return or delete the confidential information provided by Alibaba Cloud in accordance with the requirements of Alibaba Cloud, and confirm with Alibaba Cloud in writing that they have performed the foregoing actions.
8.4. The obligations of users hereunder shall survive the termination of this Agreement. Users have to abide by the confidentiality provisions herein and fulfill their confidentiality obligations until Alibaba Cloud agrees to relieve the obligations or the secrecy of the confidential information is lost in total.
9. Liability for breach of contract
9.1. You clearly understand and agree that Alibaba Cloud is entitled to unilaterally judge your actions based on the knowledge level of ordinary or non-professional personnel, and that Alibaba Cloud may suspend or terminate the provision of services to you in accordance with the applicable rules of the unilateral judgment result without obtaining your consent or giving you advance notice. After dealing with your actions in accordance with the relevant rules, Alibaba Cloud does not exempt you from legal responsibility.
9.2. If you violate the relevant provisions of applicable laws and regulations or this Agreement and relevant rules, thereby resulting in any loss to Alibaba Cloud, a claim made by any third party, or a penalty imposed by any administrative department, you shall make full compensation for actual losses sustained by Alibaba Cloud or the relevant third parties, including reasonable attorney's fees.
9.3. Unless otherwise agreed upon by both parties, if users violate the obligations, commitments, warranties, and any other content to be fulfilled in this Agreement and the rules of Tianchi, Alibaba Cloud is entitled to, based on our independent judgment, unilaterally take one or more of the following measures at any time:
9.3.1. Delete algorithms, models, data, and the other uploaded content.
9.3.2. Require users to change or modify the content immediately.
9.3.3. Limit or suspend use of Tianchi services (including, but by no means limited to directly limiting or suspending some of the services, recovering related resources, and setting limitations on the operation of accounts). Specific measures and handling methods shall be subject to the notifications of Tianchi.
9.3.4. Terminate the use of Tianchi services and this Agreement.
9.3.5. Pursue users' legal responsibilities.
9.3.6. Other handling measures that Alibaba Cloud considers appropriate.
9.4. If Alibaba Cloud finds that there are exceptions in the use of an account, including, but by no means limited to frequent logon within a short time and frequent logon with different IP addresses, Alibaba Cloud is entitled to, based on our independent judgment, suspend the use of the foregoing account to maintain the security of the user's account and the security of Tianchi. During the suspension, the user may explain to Alibaba Cloud in writing and submit relevant proofs. Alibaba Cloud will unilaterally judge the user's explanation and proofs based on the knowledge level of ordinary or non-professional personnel, and make a decision such as the resumption of use, maintenance of suspension measures, or handling in accordance with the provisions of Paragraph 3 under this article.
9.5. If a user uploads, shares, releases, and/or uses related algorithms, models, and data, copies or steals the results of others, steals the identity information of others to participate in the Tianchi competitions or scientific research in violation of laws and regulations or the provisions of this Agreement, or the user's actions may infringe upon personal privacy, business secrets, or other users' rights and interests, Alibaba Cloud is entitled to take measures such as a direct termination of this Agreement, termination of Tianchi services, and requiring the user to delete related algorithms, models, and data immediately. Users shall assume all responsibility independently, and compensate for the losses caused to Alibaba Cloud, other users, or any third parties.
9.6. If a user is using or disclosing confidential information in violation of this Agreement, the user shall assist Alibaba Cloud in the recovery of the confidential information in various ways to stop further infringement. Users agree that unauthorized use or disclosure of confidential information will cause irredeemable losses and serious damage to Alibaba Cloud and/or our related companies. Except for all statutory compensations, Alibaba Cloud and/or our related companies will be entitled to, based on our reasonable judgment, apply for a prohibition order or appropriate relief to the People's Court with jurisdiction for any actual or possible violations of this Agreement.
10. Exemptions and limited liability
10.1. Alibaba Cloud's services under this Agreement shall be provided "as-is" and "as available." On the basis of existing technologies, Alibaba Cloud will do its utmost to provide appropriate security measures to ensure the safety and normal operation of its services. However, for possible computer viruses, network communication failures, system maintenance and other factors and possible force majeure events, Alibaba Cloud hereby expressly claims that it does not make any express or implied warranties for the services, including, but by no means limited to the availability, omission- and error-free operation, sustainability, accuracy, reliability, and applicability for a specific purpose. Alibaba Cloud shall not be held liable for any damage caused by any of the following circumstances, including, but by no means limited to profit, business reputation, use, data, and other losses or damage resulting from other intangible losses (regardless of whether Alibaba Cloud has been informed of the possibility of such damage):
(1) Being damaged by computer viruses, Trojan horses, or other malicious programs and hacker attacks; (2) possible network communication failures, system downtime and maintenance; (3) the user's improper operations; (4) the use of Tianchi services without authorization from Alibaba Cloud; (5) the use of or failure to use Tianchi services; (6) other situations that are not ascribed to Alibaba Cloud, out of Alibaba Cloud's control, or cannot be reasonably anticipated.
10.2. Alibaba Cloud shall not, under any circumstances, bear responsibility for any indirect, consequential, exemplary, incidental, special, or punitive damage, including profit losses arising from users' use of Tianchi services, even if Alibaba Cloud has been notified of the possibility of such a loss.
10.3. Users agree that, if Tianchi fails to exercise or delays in exercising any rights, and/or fails to claim or delays in claiming compensation in accordance with this Agreement or legal regulations, it does not represent that Tianchi has abandoned such rights or compensation, or other rights or compensation. The unilateral or partial exercise of rights and/or obtaining compensation in accordance with this Agreement or legal regulations shall not preclude further exercise of any rights or claiming for compensation, or take any other exercise rights or exercise the rights to claim for compensation.
11. Termination of the Agreement and transfer
11.1. This Agreement shall be terminated in any of the following circumstances:
(1) Natural termination: If the Alibaba Cloud Website Service Terms that you have signed online is terminated for whatever reason, this Agreement shall be terminated at the same time.
(2) Termination with notice: Alibaba Cloud may terminate this Agreement upon 15 days prior written notice without incurring liability for breach of contract.
(3) Unilateral termination right: Alibaba Cloud is entitled to immediately terminate this Agreement and punish a user according to relevant rules if:
A. The user violates any promises or warranties hereunder, including but not limited to any terms in this Agreement.
B. The user violates relevant terms, agreements, rules, announcements, and other relevant provisions of the Alibaba Cloud official website and the official website stops providing services for the user.
C. Alibaba Cloud bans the user from the Tianchi platform.
(4) If a user logs on to the Tianchi platform directly, indirectly, or in the name of others after termination hereof, Alibaba Cloud is entitled to directly and unilaterally stop providing services for the user.
(5) If the contact information that a user provides during registration does not exist or cannot be used to receive information and the user fails to provide new contact information within three working days after being notified by Alibaba Cloud through other contact means (if possible), Alibaba Cloud is entitled to stop providing services for the user.
(6) This Agreement shall also be terminated where other termination conditions prescribed herein occur or are met.
11.2. Processing after termination of the Agreement
(1) After termination of services, Alibaba Cloud is not obliged to retain any information of or relating to the original account of a user, forward any unread or unsent information to the user or any third party, or bear any liability for the termination of services to the user or any third party.
(2) Regardless of how services between Alibaba Cloud and a user are terminated, Alibaba Cloud reserves the right to decide at its own discretion whether to:
A. Save the user's logon and operation records, identity information, and other records on the Tianchi platform.
B. Exercise recourse and ask the user to independently bear any compensation or liability in consequence of its offence or breach of contract prior to the termination of services.
11.3. Alibaba Cloud is entitled to transfer all rights and obligations hereunder to any of our related companies without any prior consent from users. In this case, Alibaba Cloud shall send a transfer notice to users through means such as bulletin boards, private messages, SMS messages, or emails.
12. Notice and service
12.1. All notices that Alibaba Cloud sends to a user may be served through means such as bulletin boards, emails, private messages, and SMS messages. Such notices shall be deemed as served to the recipient on the date of sending.
12.2. Any notice sent by a user to Alibaba Cloud shall be served through the contact information officially published by Alibaba Cloud, such as a correspondence address, fax number, or email address.
13. Governing laws and jurisdiction
13.1. If any term hereof is deemed as invalid or unenforceable, the said term may be severed from this Agreement without affecting the remaining terms. Headings set forth herein are for convenience of reference only and in no way define, limit, interpret, or describe the scope or extent of specific provisions hereof.
13.2. The validity, interpretation, alteration, and performance hereof and settlement of disputes shall be subject to laws of the mainland of the People's Republic of China.
13.3. You and Alibaba Cloud shall resolve disputes (if any) concerning the conclusion, performance, or interpretation of the Agreement through friendly negotiations. If any negotiation fails, you and Alibaba Cloud shall agree that such disputes will be submitted to Xihu District People's Court of Hangzhou.