Welcome to the DOVE Cloud service! |
This Agreement is a contract between DOVE Cloud and you regarding your use of the DOVE Cloud Services. In order to use the DOVE Cloud Services, you should fully read and understand this Agreement, in which restrictions, disclaimers or other terms involving your significant rights and interests (such as penalties for breach of contract, dispute jurisdiction, etc.) may be bolded, underlined, etc. to prompt your focused attention.
Unless you have fully read, understood and agreed to accept and abide by this Agreement, please do not use the DOVE Cloud service. By confirming or otherwise expressly or impliedly accepting this Agreement through the webpage, or by using the DOVE Cloud Services in any way, you are deemed to have read and agreed to be bound by this Agreement, and this Agreement shall have legal effect between you and DOVE Cloud.
Use of the DOVE Cloud Services shall be subject to this Agreement and its service rules. The service rules are subject to the content displayed on DOVE Cloud's official website or other relevant pages. You should understand the service rules in advance and operate according to the service rules to ensure smooth use. If you are under 18 years old, please read this agreement and other above agreements accompanied by a legal guardian; for details on the registration or use rules for minors, please refer to the DOVE Cloud Account Agreement.
Article 1 General Provisions
1.1 DOVE Cloud services refer to various products and services provided by DOVE Cloud, such as computing and networking, cloud network services, etc. (subject to what is actually provided by DOVE Cloud), and you may choose to use one or more specific services according to your needs and comply with their service rules.
1.2 The terms of service, rules, instructions, standards, etc. (collectively referred to as "Service Rules") that relate to the service content, service level, technical specifications, operational documentation, billing standards, etc. of specific services are subject to the content displayed on DOVE Cloud's official website or other relevant pages.
1.3 DOVE Cloud is a neutral technical service provider and provides various technical products and services to you as contracted; any products, services and related contents such as your website, applications, software, platform, etc. are operated by you and you are fully responsible for them.
Article 2 Account
2.1 You shall have the necessary and appropriate rights and capacity according to law to complete the registration and obtain an account for DOVE Cloud services (hereinafter referred to as "Account") in accordance with the requirements of DOVE Cloud. There is a limit to the number of accounts you can register, subject to the relevant rules.
2.2 In order to protect the security and independence of the Account and to avoid adverse consequences such as unclear attribution of the Account, you should register or log in with the information to which you are legally entitled; otherwise, you may not be able to log in and use the DOVE Cloud Services normally.
2.3 You shall fill in and submit true, legal and valid information (collectively, "Customer Information") in accordance with the DOVE Cloud service process, and if the Customer Information changes, you shall update it yourself in accordance with the rules of DOVE Cloud.
2.4 This Agreement applies to all accounts under your name. You shall take necessary and effective confidentiality and security protection measures (including but not limited to: keeping access rights, setting high-strength passwords and regular replacement measures, etc.) for your username, password and other information, otherwise, you shall bear the consequences. In addition, you shall be responsible for your actions under your account, and all operations under your account shall be deemed to be performed by you, and you shall bear all legal consequences.
2.5 You are required to establish a sound internal management system and regulate the use and management of your account. If you authorize your employees or others to manage your account due to your own business needs, you must do a good job of authority control and complete the handover and account security protection (such as changing password, changing login method, setting account protection, etc.) in a timely manner when you encounter personnel changes.
2.6 When you register your account or use DOVE services, if you find that your account may have abnormal situations or risks related to fraud, DOVE Cloud has the right to re-verify your account and, depending on the risks, take corrective measures, restrict functions, suspend use, close the account, prohibit re-registration and other disposal measures as specified in this Agreement.
2.7 If you discover that someone else has stolen your account and password, or any other situation without your legal authorization, you shall immediately notify DOVE Cloud in an effective manner and provide the necessary information (such as customer information, description of the situation, supporting materials and claims, etc., so that DOVE Cloud can verify the identity and the incident.) After DOVE Cloud receives your effective notification and verifies your identity, it will DOVE Cloud shall bear the responsibility and consequences arising from the processing in accordance with this section.
If the information you provide is defective and DOVE Cloud is unable to verify your identity or determine your needs, etc., and DOVE Cloud is unable to process the information in a timely manner, you shall be responsible for any losses caused to you. At the same time, you understand that DOVE Cloud needs a reasonable period of time to process your request and DOVE Cloud shall not be responsible for any losses incurred by you before DOVE Cloud takes measures and for losses caused by reasons not attributable to DOVE Cloud after taking measures.
Article 3 Services
3.1 Service Activation
3.1.1 You can purchase the required services online through DOVE Cloud's official website according to your own needs. Before purchasing, you should carefully read the service rules corresponding to the purchased services and decide whether to purchase or use them according to your own needs. Both parties may also sign a separate agreement according to the actual cooperation needs.
3.1.2 You are required to complete the payment in time after the order is submitted. Some services may have time limits, stock limits or active quantity limits, etc. If you do not pay in time after the order is submitted, or if the quantity is insufficient or has reached the limit during the payment period, you may not be able to use the relevant services.
3.1.3 DOVE Cloud may offer "limited time free", "limited time offer", "limited offer", "top-up offer" for a specific period of time due to various reasons such as marketing activities, product promotion, etc. "You understand and agree that these offers may be temporary, periodic or limited in number, and may only apply to You will be required to purchase and use the Services in accordance with the applicable rules. Unless otherwise expressly stated in writing, the offers may not be applied in combination.
3.2 Service Fees
3.2.1 The DOVE Cloud Services are billed on a prepaid basis. In order to ensure timely opening or continued availability of the Services, you shall comply with this Agreement and the service rules of the Services you use and pay the fees in a timely manner. After some DOVE Cloud services are opened (e.g. cloud network services), even if you do not add new service items or resources or perform new operations, you should renew or close the services in a timely manner because the part of the services will continue to occupy resources and therefore will continue to incur deductions.
3.2.2 Preferential measures are set based on specific conditions, such as preferential measures for products with specific configurations, preferential measures that you need to use a specific period or number of products at one time to enjoy (such as annual discount), if you do not meet the specific conditions, you will not be able to enjoy the corresponding preferential measures (including but not limited to discounts, vouchers, preferential use of other services, etc.), and both parties need to follow the original price of the corresponding services at the time of purchase. Both parties shall settle the cost at the original price of the corresponding service on the official website at the time of purchase.
3.2.3 You can pay online or top up your account or pay DOVE Cloud by bank transfer (to ensure continuity of service, if you choose to pay offline, you should allow a reasonable amount of time for DOVE Cloud to verify the arrival of your account and complete the top up of your account).
3.2.4 For services that are billed on a monthly basis, you must verify or dispute the payment within 5 business days after DOVE Cloud provides you with a bill for the previous month. If DOVE Cloud does not receive your confirmation or objection within 3 business days, you shall be deemed to have no objection; if you have any objection, it shall be resolved through friendly negotiation between the two parties, and if the negotiation fails, DOVE Cloud's system data shall prevail, and DOVE Cloud shall issue an invoice based on the final amount confirmed by both parties. You will pay the invoice within 7 working days after you receive it from DOVE Cloud. Unless the service rules corresponding to the services you use are inconsistent with this Agreement or otherwise agreed by both parties.
3.3 Service Support
3.3.1 DOVE Cloud provides you with after-sales service to assist you in answering and dealing with problems encountered in the course of using DOVE Cloud services.
3.3.2 DOVE Cloud will take basic security protection measures for its systems, equipment, etc. in accordance with legal and regulatory requirements. If your requirements for security protection measures are higher than the aforementioned basic security protection measures, you have the right to purchase a higher security protection service or configure other security protection software, systems, etc. according to your own needs.
3.3.3 You shall take necessary and effective security protection measures for the computer information system and equipment you use, and you shall be responsible for any damage to your rights and interests caused by your failure to take the aforementioned measures.
3.3.4 DOVE Cloud provides availability guarantees as agreed in the Service Rules. If your requirements for availability are higher than the Service Rules, you are required to take the initiative to set up your own system for high availability and DOVE Cloud can provide the necessary assistance. If DOVE Cloud is required to cooperate with the design, it will be confirmed by mutual agreement.
3.4 Service Suspension or Termination
3.4.1 In order to provide you with better services, DOVE Cloud has the right to regularly or irregularly overhaul, maintain, upgrade and optimize the Service Platform or related equipment, systems, software, etc. (collectively referred to as "Routine Maintenance"), and if DOVE Cloud's services are interrupted or suspended for a reasonable period of time due to Routine Maintenance, DOVE Cloud is not required to suspend or discontinue the Services. DOVE Cloud shall not be liable to you for any interruption or suspension of DOVE Cloud services for a reasonable period of time due to routine maintenance. However, DOVE Cloud shall notify you at least 24 hours in advance of the routine maintenance. DOVE Cloud shall promptly notify You of any non-routine maintenance due to force majeure, fault of the underlying operator, etc.
3.4.2 In order to ensure the security and stability of the service, DOVE Cloud may make major adjustments such as server room relocation, equipment replacement, etc. The aforementioned may lead to interruption or suspension of DOVE Cloud services for a reasonable period of time, for which DOVE Cloud shall not be liable to you, however, DOVE Cloud shall notify you 30 days in advance and you shall cooperate; if you do not cooperate with the adjustment, or if DOVE Cloud does not cooperate with the adjustment, or if DOVE Cloud does not cooperate with you, DOVE Cloud shall notify you in advance. If you do not cooperate in making adjustments or DOVE Cloud is unable to contact you, you shall be responsible for the consequences thereof.
3.4.3 If the specific service you purchased contains a storage function, after the expiration or termination of the service, DOVE Cloud will retain any information such as data stored in the service for you for the corresponding period in accordance with the service rules of the service. You shall bear the costs incurred during the retention period (if any) and settle the costs and complete the migration of all data on time. After the expiration of the retention period, your aforementioned information will be deleted.
3.4.4 DOVE Cloud reserves the right to adjust or terminate some or all of the Services (including but not limited to offline, iteration, integration, etc.) at any time in accordance with its own operational arrangements. However, DOVE Cloud shall notify you at least 30 days in advance so that you can make backups of relevant data transfer and business adjustments, etc. to protect your legitimate rights and interests.
3.5 Due to the timeliness, complexity, and efficiency of network services, regulatory requirements, policy adjustments, etc., you agree that DOVE Cloud may adjust this Agreement and DOVE Cloud's related service rules from time to time and announce them through one or more of website announcements, email notifications, SMS notifications, system messages, and intranet messages; if you continue to If you continue to use DOVE Cloud service after the adjustment, it means that you have fully read, understood and accepted the modified content, and will follow the modified content.
Article 4 Customer Rights and Obligations
4.1 You have the right to use DOVE Cloud services and receive technical support and after-sales service from DOVE Cloud in accordance with this Agreement.
4.2 You understand and agree that DOVE Cloud has been committed to providing users with a civilized, healthy, standardized and orderly network environment, and that you shall not use DOVE Cloud services to create, copy, publish or disseminate content that interferes with the normal operation of the service and infringes on the legal rights and interests of other users or third parties as follows. You shall not produce, upload, copy, publish, transmit, distribute or reproduce content that violates the provisions of national laws and regulations:
(1) Those that oppose the basic principles established by the Constitution.
(2) endangering national security, leaking state secrets, subverting state power, and undermining national unity.
(3) Damage to national honor and interests.
(4) distort, scandalize, desecrate, deny the deeds and spirit of heroes and martyrs, to insult, defame or otherwise violate the name, portrait, reputation and honor of heroes and martyrs.
(5) promote terrorism, extremism or incite the implementation of terrorist activities, extremist activities.
(6) incite ethnic hatred, ethnic discrimination, undermining national unity.
(7) undermine the national religious policy, promoting cults and feudal superstition.
(8) spread rumors, disrupting social order and undermining social stability.
(9) dissemination of obscenity, pornography, gambling, violence, terrorism or abetting crime.
(10) Insulting or defaming others, infringing on the reputation, privacy and other legitimate rights and interests of others.
(11) The use of exaggerated headlines, the content and the title of serious inconsistency.
(12) Speculation of gossip, scandal, bad deeds, etc.
(13) Inappropriate commentary on natural disasters, major accidents and other disasters.
(14) With sexual innuendo, sexual provocation and other easy to make people have sexual associations.
(15) Showing gore, horror, cruelty, etc. that cause physical and mental discomfort.
(16) Inciting crowd discrimination, regional discrimination, etc.
(17) Promote vulgar, vulgar, vulgar content.
(18) May trigger minors to imitate unsafe behavior and violations of social morality, induce minors to bad habits, etc.
(19) infringement of the legitimate rights and interests of minors or damage to the physical and mental health of minors.
(20) Other content that has an adverse impact on the network ecology.
(21) incitement to illegal assemblies, associations, marches, demonstrations, gatherings to disrupt social order.
(22) Activities in the name of illegal civil organizations.
(23) violate the bottom line of laws and regulations, the bottom line of the socialist system, the bottom line of national interests, the bottom line of the legitimate rights and interests of citizens, the bottom line of public order, the bottom line of morality and the bottom line of information authenticity "seven bottom line" requirements.
(24) Any other content prohibited by laws and administrative regulations.
4.3 You shall maintain the order and safety of the Internet when using the services on the DOVE Cloud Platform and shall not infringe upon the legitimate rights and interests of any subject and shall not commit or facilitate acts including, but not limited to, the following:
4.3.1 To commit fraudulent, false or misleading acts, or to commit acts that infringe upon the legitimate rights and interests of others, such as "self-service", "plug-in", etc.
4.3.2 Publish or disseminate spam (SPAM) or information that endangers national order and security, feudal superstition, obscenity, pornography, vulgarity and other illegal and unlawful information.
4.3.3 Violate the operating rules of networks, equipment or services connected to the DOVE Cloud network; commit illegal or unauthorized access, misappropriation, interference or monitoring.
4.3.4 commit any act that undermines or attempts to undermine network security, including but not limited to malicious scanning of websites and servers, illegal system intrusion, illegal data acquisition, etc. by means of viruses, Trojan horses, malicious codes, phishing, etc.
4.3.5 commit any act that alters or attempts to alter the configuration of the system provided by DOVE Cloud services or undermines the security of the system; use technical or other means to disrupt or disrupt the operation of DOVE Cloud services or the use of DOVE Cloud services by others; interfere or attempt to interfere in any way with the normal operation of any product or any part or function of DOVE Cloud or create, distribute, or disseminate such tools, methods, etc.
4.3.6 You may not use the DOVE Cloud Services in any way that interferes with or attempts to interfere with the normal operation of any DOVE Cloud product or any part or feature thereof, or to create, distribute, or disseminate such tools or methods. " and any other business, resulting in frequent attacks on yourself (including but not limited to DDoS attacks) and failing to correct your behavior in a timely manner, or failing to eliminate the impact according to DOVE Cloud's requirements, thereby impacting the DOVE Cloud service platform or others.
4.3.7 Committing other acts that disrupt the order and security of the Internet.
4.4 You shall pay the fees in a timely manner and in full in accordance with the service rules. If you do not pay the fees in time and in full, DOVE Cloud has the right to refuse to open the service or suspend or terminate the service without further notice, and may take one or more of the following measures:
4.4.1 If Your payment is more than 15 days late, DOVE Cloud has the right to take measures including, but not limited to, unilateral termination of the Agreement at any time without further notice to You.
4.4.2 If Your payment is late but You have used the Prepaid Services or Your account has an unspent cash balance, DOVE Cloud shall have the right to apply the Prepaid Fees and the cash balance directly against the outstanding amount and liquidated damages without further notice to You.
4.4.3 Delete some or all of the information and data stored or generated by You based on Your use of the DOVE Cloud Services.
Article 5 DOVE Cloud Rights and Obligations
5.1 DOVE Cloud shall provide the DOVE Cloud Services and after-sales support to You in accordance with this Agreement.
5.2 DOVE Cloud shall only provide operation and maintenance of the DOVE Cloud Service itself. You shall ensure the security and stability of your own network and equipment, and you shall promptly resolve and avoid any impact on the DOVE Cloud Service in the event of
5.2.1 Problems with your internal network, including but not limited to overload, etc.
5.2.2 Failure of your own equipment or third party equipment used by you.
5.2.3 You disconnect your own equipment or otherwise cause a network outage.
5.2.4 Any other malfunction, network outage, etc. caused by You.
5.3 If DOVE Cloud finds out on its own or based on information from relevant departments, complaints from right holders, etc. that you may have violated relevant laws and regulations or this Agreement, DOVE Cloud has the right to make its own independent judgment based on general knowledge and unilaterally take one or more of the following measures at any time:
5.3.1 Require you to immediately remove and modify the relevant content.
5.3.2 Report or report your suspected illegal or criminal behavior and related information to the competent authorities and cooperate with the investigation and treatment.
5.3.3 Restrict or suspend the provision of all or part of DOVE Cloud services to you (including but not limited to directly taking offline some of your services and withdrawing relevant resources, taking operational restrictions/account freezing measures on your account, etc.).
5.3.4 Terminate the provision of DOVE Cloud services to you and terminate the Agreement (including but not limited to directly taking down all of your services and withdrawing the relevant resources, etc.).
5.3.5 If DOVE Cloud terminates the provision of the Services to You or terminates the Agreement in accordance with this Agreement, the fees paid in advance by You will accrue to DOVE Cloud as liquidated damages.
5.3.6 To pursue other responsibilities of You in accordance with the law.
DOVE Cloud shall not be considered to be in breach of this Agreement if DOVE Cloud takes corresponding measures according to this Agreement (including but not limited to suspension of services, deduction of fees, termination of the Agreement, etc.), and you shall be responsible for any losses caused to you as a result (including but not limited to suspension of business, data emptying, etc.). You shall bear the responsibility and consequences arising from your breach of this Agreement, and you shall compensate for any damage caused to DOVE Cloud or third parties.
5.4 In the process of providing DOVE Cloud services to you, if you find clues or risk information about fraud-related crimes, DOVE Cloud has the right to refer them to the public security, financial, telecommunication, network information and other authorized departments according to the type and degree of fraud-related risks in accordance with relevant state regulations.
5.5 In order to reasonably protect the interests of you, your users and right holders, DOVE Cloud has the right to establish a special infringement and complaint process system, which you shall comply with. If you have comments or suggestions about the service, or need to complain or report the illegal content found, you can contact us through the ways shown in DOVE Cloud reporting platform, we will review the issues involved as soon as possible and reply to your request within the period specified by laws and regulations.
Article 6 Customer Data
6.1 You warrant that the data you store, upload to the DOVE Cloud service, or process in any way such as analysis or distribution using the DOVE Cloud service, is data that you have collected, acquired or generated in accordance with the law and that you do not and have not violated the legal rights of any person or entity in any way.
6.2 You warrant that you have the right to use the DOVE Cloud service for any processing of the aforementioned data such as storage, uploading, analysis and distribution, and that the aforementioned processing activities are in accordance with the requirements of relevant laws and regulations, and that there is no violation of law, infringement or breach of contractual agreements with third parties, and that you will not use the data for illegal or unlawful purposes.
6.3 You have the right to use the DOVE Cloud service to upload, analyze, delete, change and other processing of data by yourself (depending on the service rules of the service you use), and you shall operate carefully and bear the consequences arising from the deletion, change and other processing of data.
6.4 DOVE Cloud will not access or use your data without your consent, except as necessary for your use of the DOVE Cloud Services and as otherwise required by law or regulation.
6.5 You should back up your data according to your own needs, DOVE Cloud will only provide data backup services as required by relevant laws and regulations or as agreed in the service rules, and DOVE Cloud will only be responsible for the scope of data backup services provided by law or as agreed.
6.6 You are responsible for all results and liabilities caused by any violation of laws and regulations in any matters related to the generation, collection, processing and use of your data, and DOVE Cloud has the right to terminate the provision of DOVE Cloud services to you in whole or in part at any time. You shall bear all losses or liabilities and expenses incurred by you as a result.
Article 7 Intellectual Property Rights
7.1 Each party's respective trademark, copyright or other intellectual property rights shall remain the sole property of each party and shall not be transferred to the other party or to both parties as a result of the signing or performance of this Agreement.
7.2 Either party shall respect the intellectual property rights of the other party, the third party, and if any third party files a lawsuit or asserts a claim against the other party for the cause of infringement of its intellectual property rights and other legitimate rights and interests, the responsible party shall independently handle the relevant dispute, compensate the other party for direct economic losses, and hold the other party harmless from liability.
Article 8 Confidential Information
8.1 The Parties have provided or will provide or disclose certain confidential information for the purpose of this Agreement. The party disclosing the Confidential Information shall be the "Disclosing Party" and the party receiving the Confidential Information shall be the "Receiving Party".
8.2 "Confidential Information" means non-public information, information, data and materials held by the Disclosing Party relating to its business, operations, technology and rights, including, but not limited to, business plans, business information, technology-related knowledge and information, ideas, concepts, proposals, supplies or vendor information, user information, personnel information, business plans, services, etc.
8.3 If the Recipient learns information from the Disclosing Party that is marked or reasonably perceivable as confidential information of the Disclosing Party, the Recipient shall keep the Disclosing Party's confidential information confidential and shall not disclose it in any way to third parties or use it for purposes other than this Agreement without the written consent of the Disclosing Party. The Receiving Party shall treat the Disclosing Party's Confidential Information with the same degree of care (and not less than the duty of reasonable care) as it treats its own Confidential Information.
8.4 Notwithstanding the foregoing, the relevant information shall not be considered Confidential Information if either
8.4.1 The information was already in the possession of the receiving party through lawful channels or means prior to its disclosure to the disclosing party
8.4.2 The information is already in the public domain or the information has been made public other than as a result of a breach of this Agreement by the Receiving Party.
8.4.3 Information that the Receiving Party is lawfully aware of from other third parties who are entitled to disclose the information and are not under a duty of confidentiality.
8.4.4 obtained or developed independently by the Receiving Party without the use of or reference to any Disclosing Party's Confidential Information.
8.5 If the Receiving Party is required by law to disclose the Disclosing Party's Confidential Information based on laws, regulations or regulatory authorities, it shall not be considered a breach of this Agreement, but the Receiving Party shall notify the Disclosing Party as soon as possible to the extent permitted by law, and at the same time, the Receiving Party shall endeavor to help the Disclosing Party effectively limit the scope of disclosure of such Confidential Information and protect the legitimate rights and interests of the Disclosing Party.
8.6 The confidentiality obligations of the Parties shall continue during and after the expiration of the term of this Agreement until the relevant information is no longer of confidential significance.
8.7 In the event of leakage of the Confidential Information, the Parties shall cooperate and take all reasonable measures to avoid or mitigate the consequences of the damage; if the Receiving Party violates its confidentiality obligations and causes damage to the Disclosing Party, the Receiving Party shall compensate the Disclosing Party for the direct economic loss caused as a result.
8.8 DOVE Cloud will protect your relevant information in accordance with the provisions of the International Privacy Policy.
Article 9 Export Control and Sanctions Legal Compliance
Each party undertakes to comply with all applicable economic and trade sanctions and export control laws and regulations, including all sanctions resolutions, laws and regulations and export control laws and regulations established and enforced by the United Nations Security Council, China, the United States and any other country to the extent the foregoing applies to such party (hereinafter referred to as "Applicable Export Control Laws"). "). You undertake not to use the products or services provided by DOVE Cloud for any purpose prohibited by the Applicable Export Control Laws. You, and any person or entity authorized by you to use products or services provided by DOVE Cloud, will not provide controlled technology, software or services through products or services provided by DOVE Cloud to persons or entities sanctioned or designated by applicable export control laws, or in any way that would cause DOVE Cloud to violate applicable export control laws, except as permitted by the appropriate authorities.
Article 10 Limitation of Liability
10.1 You understand and agree that there may be interruptions in the use of DOVE Cloud services due to the following circumstances. DOVE Cloud shall promptly cooperate with relevant units to repair the following situations, but DOVE Cloud shall be exempt from liability for any damage caused to you as a result.
10.1.1 Force majeure, including but not limited to natural disasters, governmental acts, laws and regulations promulgated by the adjustment, strikes (except for internal labor disputes of either party), unrest and other objective circumstances that cannot be foreseen, avoided and overcome.
10.1.2 Reasons of the basic operator, including but not limited to technical adjustment of the telecommunication department, destruction of telecommunication/electricity lines by others, installation, transformation, maintenance of telecommunication network/electricity resources by the telecommunication/electricity department.
10.1.3 Network security incidents, such as damage by computer viruses, Trojan horses or other malicious programs, hacker attacks.
10.1.4 Your use of DOVE Cloud services by means other than those authorized by DOVE Cloud, your improper operation or failure of your computer software, system, hardware and communication lines.
10.1.5 Other circumstances that are not DOVE Cloud's fault, beyond DOVE Cloud's control or reasonably foreseeable.
10.2 Neither party shall be liable for any delay in performance of this Agreement or breach of contract by either party due to force majeure, cause of the underlying carrier, network security incidents or other events beyond the reasonable control of the parties. However, the affected party shall notify the other party as promptly as possible. If the foregoing event prevents the performance of the Agreement for more than 30 days, either party may terminate the Agreement by giving 15 days prior written notice to the other party. Neither party shall be liable for breach of contract in the event of termination of the Agreement by reason of these Terms.
10.3 You understand and agree that DOVE Cloud's services are provided in accordance with the current state of technology and conditions and that DOVE Cloud will use its best efforts to ensure the continuity and security of the services, but DOVE Cloud cannot guarantee that the services it provides are free of defects, and therefore, even if there are defects in the services provided by DOVE Cloud, if such defects are DOVE Cloud shall not be considered to be in breach of contract and DOVE Cloud shall not be held liable for any such defects, and both parties shall work together amicably to resolve them.
10.4 In no event shall either party be liable to the other party for any indirect, incidental, special or punitive damages and losses (such as lost profits, lost opportunities, fees paid to third parties, loss of or damage to reputation/goodwill, etc.), whether based on contract, warranty, tort or any other theory of liability, whether or not either party knew or should have known of the possibility of such loss or damage. 10.4.
10.5 In no event shall DOVE Cloud's total liability to You (whether based on contract, tort or any other theory of liability) based on this Agreement and the related Order and DOVE Cloud Services exceed the total fees already paid by You to DOVE Cloud for the DOVE Cloud Services that caused Your loss; if the corresponding DOVE Cloud's maximum liability shall not exceed the total fees paid by you to DOVE Cloud for the DOVE Cloud service that caused your loss in the 12 months prior to the date of the damage (for the avoidance of doubt, the fees herein refer to the actual cash paid by you for the actual hours/amount of service used, etc., and do not include (including vouchers, prepaid fees not actually consumed, etc.). In the event of any conflict or inconsistency between these Terms and Conditions and other agreements between the Parties or the DOVE Cloud Service Rules, the provisions of this Agreement shall prevail.
Article 11 Notice and Service
11.1 You shall ensure and maintain the validity of customer information (including but not limited to telephone numbers, email addresses and other contact information), and you shall be responsible for any false or invalid customer information that may cause you to be unable to receive timely information on business notifications, service alerts, customer service, technical support, dispute coordination, penalties for violations, etc.
11.2 You shall send notifications to DOVE Cloud in accordance with DOVE Cloud's contact information published on DOVE Cloud's official website, unless otherwise agreed by both parties.
11.3 DOVE Cloud may send you various information (including but not limited to updated service rules, service upgrades, server room reductions, advertisements, etc.) related to DOVE Cloud services through one or more of web announcements, system notifications, in-site letters, emails, cell phone text messages, instant messengers, correspondence, etc. etc.). The aforementioned information shall be deemed to have been delivered in the following cases:
11.3.1 If the message is delivered to a person, it is deemed to be delivered when the recipient signs for it.
11.3.2 If the information is published in the form of web announcements, etc., it shall be effective upon publication (unless otherwise specified).
11.3.3 If sent in electronic form (including system notification, internal letter, e-mail, cell phone SMS, instant messenger, etc.), it is deemed to be delivered upon successful delivery.
11.3.4 If delivered by postage prepaid courier company or by registered mail, it shall be deemed delivered on the third natural day after posting.
If the time of delivery is a legal holiday, the first business day after delivery shall be considered as the day of delivery.
Article 12 Others
13.1 Unless otherwise specified, all "days" in the text of this Agreement and its annexes are natural days and the settlement currency is RMB.
13.2 This Agreement shall be drawn up and interpreted in Chinese. Unless otherwise agreed by the parties, any translation of this Agreement shall not be relied upon to interpret this Agreement or to determine the intent of the parties.
13.3 The Service Rules are an integral part of this Agreement and have the same legal effect as the main text of this Agreement, and you shall comply with them. (End of text)
Dear users, the DOVE operations team hopes you enjoy using it and thanks very much for your support!
DOVE - Operation Team