百度智能云

All Product Document

          Cloud Compute Service

          Service Agreement for Baidu AI Cloud Image

          Before you use the Baidu AI Cloud image service, read the whole content of this service agreement carefully. Your any use of this service shall be deemed as your read and agree to the following agreements and rules.

          I. Subject, Effectiveness and Scope of Application of Agreement

          1.1 This agreement is an active contract with legally binding among Baidu AI Cloud, image service providers (hereinafter referred to as "image provider" or "service provider") and users using service provider's image.

          1.2 When users browse the image service content on the website, Baidu AI Cloud reminds and effectively guides users to read all contents of this terms of service through the web page.

          1.3 This agreement includes the agreement text and all business codes, activity rules, notices, announcements and explanations that have been released or may be released in the future by Baidu AI Cloud on the image service. All rules are integral parts of this agreement and have the same legal effect as the agreement text.

          1.4 When users use the specific services provided by the Baidu AI Cloud image service at present or in future, they should accept the terms, criteria and conditions applicable to those services (hereinafter referred to as "special terms"),and Baidu AI Cloud explicitly expresses these special terms to users in the form of written agreement, web page prompt or website announcement. If the agreement is not consistent with the special terms, the special terms shall prevail.

          1.5 Users understand agree that the image service provision is only one of all services provided by the Baidu AI Cloud website. Therefore, users should abide by other rules and regulations of terms of service on the Baidu AI Cloud website when they use the image service provision.

          1.6 Baidu AI Cloud has the right to make and amend this Agreement and/or various rules from time to time as required, and transfer the rights and obligations under this agreement to the third party without the prior consent of users. In case of any change, Baidu AI Cloud informs users in the website announcement, email notice or other appropriate ways. The changed agreement and rules and/or the transfer of rights and obligations shall automatically take effect upon publication. If users do not agree to relevant change and/or transfer, they shall immediately stop using the image service. If users continue to use the image service, it shall be deemed that users accept the change agreement and rules and/or transfer.

          1.7 The service provider and users shall settle their legal relationship and dispute arising from users subscribing the image provided by the service provider, which is out of the scope of this agreement.

          II. Definition

          Unless otherwise defined in this agreement, the following words shall have the following specific meanings in this agreement:

          2.1 Baidu AI Cloud image service: The specific image service built by the Baidu AI Cloud network platform and provided to users.

          2.2 Image service provider (or referred to as "image provider", "service provider" or "partner"): It refers to the partner who provides its image and service on the network platform - Baidu AI Cloud image service.

          2.3 Image service users (or referred to as "users"): It refers to the individuals, legal persons or other organizations that use the image service through Baidu AI Cloud. (hereinafter referred to as users)

          2.4 Image: It is a template containing the software configuration, which integrates with the software configuration required for starting the instance (operating system, application server and application). The image can contain the basic operating system or integrate with the specific software environment on this basis.

          2.5 Service integration image: It is the service based on the basic operating system and integrated with common service and application software environment. It is provided by Baidu or the third-party service provider and released after the Baidu AI Cloud's approval. The service integration image can help users to quickly create BCC containing the common running environment, such as control panel and PHP.

          2.6 BCC instance: It is the virtual computing environment created based on Baidu AI Cloud. Users can start the instance of different hardware configurations from a single image, and run the application required by users based on the instances. Users have full control over the instance started by them.

          III. Baidu AI Cloud Image Service Content

          3.1 Baidu AI Cloud provides users with various network and technology services based on the image services, including but not limited to: service integration image containing specific software environment, service integration image containing specific control panel, customer service and other support supports.

          3.2 Unless otherwise expressly required by the laws and regulations or when the following conditions occur, Baidu AI Cloud is not obliged to check the information data and application (service) information of service providers and/or users, as well as other matters related to their operations on Baidu AI Cloud image services:

          3.2.1 Baidu AI Cloud may reasonably consider that the specific service providers and/or users and specific operational matters may have major violation or default.

          3.2.2 Baidu AI Cloud may reasonably consider that the specific service providers and/or users are suspected of illegal or improper behaviors in the image services.

          3.3 It does not cause Baidu AI Cloud to assume any responsibility whether Baidu AI Cloud reviews such materials, data or information.

          IV. Users' Right and Obligation

          4.1 You can select any image according to your requirements. Before you use a specific image, understand the features and requirements of the image carefully, If you have any objection to the specific image, do not select to use this image. For any problems incurred due to the use of image, consult with the service provider.

          4.2 Baidu AI Cloud does not bear any responsibility or obligation for any inaccurate or incorrect contents on Baidu AI Cloud image released by the service provider whether this inaccuracy is caused by service providers or by the user's misunderstandings.

          4.3 Baidu AI Cloud has no right to the image content provided by the service provider, and the intellectual property right (IPR) belongs to the legal owner of this image, such as the copyright. Baidu AI Cloud does not explicitly or implicitly guarantee the intellectual property right (IPR) of image provided by the service provider through this platform.

          4.4 Baidu AI Cloud does not undertake any form of loss or harm to users and others for users use these resources.

          4.5 The service providers and users understand agree that Baidu AI Cloud has the right to provide the identity information and operation records that are provided by the service providers and/or users in accordance with the laws and regulations at the request of the government department (including the judiciary and administrative departments) and the obligee. If the service providers and/or users are suspected of infringing other's legitimate interests, such as intellectual property right (IPR), Baidu AI Cloud has the right to provide the necessary identity information of users to the obligee in the case of preliminary judgment of suspected infringement.

          4.6 In case of the following circumstances, if it judges that relevant contents or actions are illegal or improper based on the knowledge level of ordinary or non-professional personnel, Baidu AI Cloud has the right to delete relevant information or stop providing the service to this service provider or user and investigate relevant legal responsibilities:

          4.7 The third party informs Baidu AI Cloud that a certain service provider or a mirror might have major problems.

          4.8 Baidu AI Cloud has the right to check the information data and operation of the service provider and/or user. If it finds any problems or doubts in the information data or operation, Baidu AI Cloud has the right to issue a notice or request to the service provider and/or user for correction or delete it directly.

          4.9 The service providers and users understand agree that Baidu AI Cloud shall not be liable for any damages arising from any of the following circumstances, including, but not limited to, the compensation for loss of profits, goodwill, use and data, or other intangible losses (whether Baidu AI Cloud is informed of the possibility of such damages):

          4.9.1 Used or failed to use the image service.

          4.9.2 The third party uses the account of service providers and/or users or changes their data without the approval.

          4.9.3 The service statement or service behavior provided by the third party other than Baidu AI Cloud.

          4.9.4 Misunderstanding of image services by service providers and/or users.

          4.9.5 Any other matters related to image service not caused by Baidu AI Cloud, including negligence.

          4.10 In any case, Baidu AI Cloud assumes no liability for any indirect, consequential, disciplinary, accidental, special or punitive damages, including loss of profits incurred due to the use of image services, even if it is informed of the possibility of such loss.

          4.11 In any case, Baidu AI Cloud assumes no liability for the service failure or delay arising from the computer virus, normal equipment maintenance of information network, information network connection failure, computer, communication or other system failure, power failure, strike, labor dispute, riot, revolt, disturbance, insufficient productivity or means of production, fire, flood, storm, explosion, war, government action, orders of judicial administration or omission of the third party.

          V. Code of Conduct of Image Service Providers

          5.1 The service providers understand agree that they shall also comply with the general terms and conditions and management regulations of Baidu AI Cloud Online Service Agreement on the basis of acceptance and compliance with all terms and conditions of this service agreement. The effectiveness of Cooperation Agreement of Service Providers and Baidu AI Cloud Online Service Agreement applies to all service providers.

          5.2 The service providers states and warrants that the image content released:

          5.2.1 Is true, legal, accurate and complete without any fraud.

          5.2.2 Does not infringe any third party's legal rights or interests in this application, including but not limited to the third party's intellectual property and real rights.

          5.2.3 Does not violate any law, regulation, ordinance or rule, including but not limited to law, regulation, ordinance or rule on regulating Internet site, Internet information and unfair competition.

          5.2.4 Does not contain any defamation (including business defamation), illegal intimidation or illegal harassment content.

          5.2.5 Does not contain any obscene or pornographic content.

          5.2.6 Does not contain any virus, camouflage program, computer worm, time program bomb or other computer program that intentionally destroys, maliciously interferes with, secretly intercepts or invades any system, data or personal information.

          5.2.7 Does not contain any known vulnerability, backdoor, malware or other insecure content that may damage the user's system security.

          5.2.8 Dos not link to the following contents directly or indirectly: goods or services prohibited by any law, regulation, ordinance or rule, or goods or services without the authorization to link or contain. If the service providers violate above statement and warranty, Baidu AI Cloud has the right to suspend and terminate their qualification for providing the image services on Baidu AI Cloud platform at any time, and reserve the right to investigate the liability for breach of contract.

          5.3 The service providers agree to receive the email and information from Baidu AI Cloud and its partners.

          VI. Usage Rules of Image

          6.1 Users shall take full responsibility for the security of user name and password to log in to Baidu AI Cloud and for all activities and events that are carried out with their user names.

          6.2 Users commit to abide by the following conventions during the use of Baidu AI Cloud image services:

          6.2.1 All acts on Baidu image services comply with the national laws and regulations, Baidu AI Cloud Site Service Agreement and rules and requirements of Baidu AI Cloud image services, do not violate the social public interests or public morals, do not harm the legitimate rights and interests of others, and do not violate this agreement and relevant rules.

          6.2.2 Users shall be responsible for the authenticity, security or legality of the information released by them, and shall not upload, display or disseminate any false, harassing, slandering, abusive, intimidating, vulgar, obscene or any other illegal information by using the network services provided by Baidu AI Cloud. Users shall not infringe the patent right, copyright, trademark right, right of reputation or any other legitimate interests of any other third party, or violate any social public interest or public morality, or be suspected of violating this agreement and various rules, or release the content that Baidu AI Cloud considers it is not suitable for release on the image services.

          If users violates above commitment which causes any legal consequence, users shall bear all legal liabilities in their own name and ensure that Baidu AI Cloud is free from any loss.

          6.3 User understands and agrees that:

          6.3.1 When users use the BCC instances containing the image content, the legal relationship between users and Baidu AI Cloud formed by the use of BCC instances should be performed in accordance with the Baidu AI Cloud Online Service Agreement between Baidu AI Cloud and users.

          6.3.2 The service period of service provider image used by users shall be highly consistent and fully synchronized with the service period of BCC instances created by users through this image. For the synchronous termination of image services caused by the data release and/or service termination of the user BCC instances, users have no right to make any claim to Baidu AI Cloud.

          6.4 Users states and warrants that they do not modify, adapt to or translate, reverse engineering, split, produce derivative works or distribute the image content provided by the service providers, or remove, obscure or change the content accompanying with the image products. If users violates above statement and warranty, Baidu AI Cloud has the right to terminate the service provision at any time, and reserves the right to investigate the liability for breach of contract.

          6.5 Users agree to receive the email and information from Baidu AI Cloud, service providers and Baidu AI Cloud partners.

          VII. Intellectual Property Right (IPR) and Privacy Policy

          7.1 All contents of Baidu AI Cloud image services, including but not limited to words, charts, logos, trademarks, button icons, images, sound file clip, digital downloads, data editing and software, site architecture, webpage design, archives, consultation and information, are the property of Baidu AI Cloud or its content providers and protected by the Chinese and international copyright laws. All intellectual property rights belong to Baidu AI Cloud or other obligee according to law, including but not limited to the trademark right, patent right, copyright and trade secret. No Baidu AI Cloud image service or any part thereof shall be used, modified, reproduced, copied, counterfeited, sold, resold, accessed, publicly disseminated, spread, distributed or used in any other way for any purpose without the lawful authorization or license of Baidu AI Cloud or its content providers.

          7.2 The service providers and users understand agree that Baidu AI Cloud has the right to permanently and freely use all information released by itself, including but not limited to the identity information, image and service information, as well as comments, and has the right to use, copy, revise, rewrite, release, translate and display all or part of information worldwide. However, when the service providers and/or users state to reserve all or part of information during the release of information, the use of Baidu AI Cloud shall not violate the scope of its statement.

          7.3 The respect of intellectual property rights (IPR) is a basic principle followed by Baidu AI Cloud. The image service providers and users shall abide by above obligations and must not infringe upon the legitimate rights of others. In case of infringement, the infringer shall be liable for damages to the infringed legal obligee and Baidu AI Cloud.

          7.4 Baidu AI Cloud states and warrants that:

          7.4.1 The users' personal information is not sold or lent does not sell or lend to anyone without the prior permission of users.

          7.4.2 No third party is allowed to collect, edit, sell or disseminate the users' personal information free of charge by any means.

          7.4.3 For the purpose of serving users, Baidu AI Cloud may provide services to users by using the users' personal information, including but not limited to, send products and service information to users or share the information with Baidu AI Cloud partners, so that they can send information about products and services to users. The service information shall be approved by users in advance.

          7.5 Baidu AI Cloud discloses part or all of users' personal information in the following circumstances:

          7.5.1 Disclose the information to the third party with the consent of users.

          7.5.2 Disclose the information to the third party or the administrative or judicial organs in accordance with relevant laws and regulations or the requirements of the administrative or judicial organs.

          7.5.3 Disclose the information to the third party if users violate relevant laws or site policies of China.

          7.5.4 Must share the users' personal information with the third party to provide the application required by users.

          7.5.5 Disclose other information that Baidu AI Cloud considers appropriate in accordance with relevant laws and regulations or site policy.

          VIII. Notice Delivery

          8.1 Baidu AI Cloud delivers all notices to the service providers and/or users through webpage announcement, email, short message or regular mail delivery. Such notice is deemed to deliver to the recipient on the delivery date.

          8.2 The service providers and/or users shall deliver the notice to Baidu AI Cloud through the contact information officially announced by Baidu AI Cloud, such as communication address, fax number and email address.

          IX. Application of Laws and Rules and Jurisdiction of Dispute

          9.1 The conclusion, execution and interpretation of this service agreement shall and the dispute settlement shall be governed by the laws of the People's Republic of China. If any party in this agreement has objection to the service, it can be settled through the consultation with other parties. If no settlement is reached through the consultation, this party has the right to file a lawsuit to the Haidian District People's Court.

          9.2 This service agreement is formulated in accordance with the Baidu AI Cloud Users Service Agreement. The service providers and users shall abide by all provisions of the Baidu AI Cloud Users Service Agreement during the use of Baidu AI Cloud image services.

          9.3 This service agreement is the basic rule of Baidu AI Cloud image services, which contains general specifications that the service providers and/or users shall comply with when they use the Baidu AI Cloud image services.

          9.4 Users shall also comply with the specific provisions applicable to this service during the use of some specific Baidu AI Cloud image service, such as other agreements or files signed between users and Baidu AI Cloud and rules additionally released by Baidu AI Cloud. The service providers shall also abide by the agreement on specific cooperation matters signed with Baidu AI Cloud during some specific cooperation with Baidu AI Cloud.

          Previous
          Import the Custom Image
          Next
          Create a Linux Image Based on the Local System