Data Destructibility

The user understands and accepts that the data that the user actively deletes cannot be recovered. Furthermore, the user also understands and accepts that after the DCC or faulty hard disk is removed from shelves, the data in DCC or faulty hard disk is going to be cleared, and cannot to be recovered anymore. Baidu's dedicated server service is going to delete user’s data through writing “0” repeatedly.

Database Portability

The DCC dedicated instance supports the mirroring feature to facilitate users to copy and create dedicated instances or BCC instances quickly. The format of image files is qcow2. When a user prepares to release the dedicated server, it can migrate the data through configuring the FTP service by itself.

Data Confidentiality

Both Baidu AI Cloud and its user agree that the data saved on the dedicated server by the user shall be isolated from other data with the overlay network technology under the user-oriented principle. Without the user's legal authorization, other users, including the Baidu AI Cloud, shall be prohibited from accessing its data saved on the dedicated server. All operations of the Baidu AI Cloud are going to recorded and saved.

Data Reviewability

In accordance with existing laws and regulations, to cooperate with government regulatory authorities in terms of supervision, or security investigation and evidence collection, Baidu shall provide information related to services used by the user, including running logs of key components, operation records of operations staff and the user, and other information, provided that the procedures and formalities are complete.

Service Features:

With the help of the virtualization and dedicated resource pool technology, DCC can provide users with exclusively dedicated server service. Users can independently create dedicated instances compatible with any resources on the dedicated server. In return, these dedicated instances can be freely interconnected with other cloud resources. For more information on all features of DCC, please see the Help Documentation on the official website. For all changes of DCC that may affect users will be launched by intra-site message.

Service Availability

1. A DCC instance serves as our service unit. We guarantee that our service is available to all users during at least 99.9% of the time in each calendar month. That is to say, the users’ available monthly service time shall be 30 (day) ∗24 (hr) ∗60 (min) ∗99.9%=43,156.8 (min), and only 43,200-43,156.8=43.2 (min) is unavailable to users..
2. The average recovery time for a service failure shall be less than 5 minutes, which is not included in the unavailable service time. The unavailable service time refers to the duration from the service failure starting time to the regular service running time, including maintenance time. The unavailable service time shall be calculated according to a single user’s single DCC instance.

Service Resource Adjustment and Allocation Capability

DCC provides a variety of high-configuration and flexible expansion capabilities. You can expand or reduce resources used by DCC on line upon your needs according to the configuration solutions displayed on the official website. When the required resource exceeds the account quota, you can submit a ticket applying for a higher quota.

Fault recovery capability

The Baidu AI Cloud will ensure the fault recovery capability of DCC via a series of fault control systems, including fault monitoring, rapid positioning, self-repairing and automatic notification. The fault recovery measures include online migration, downtime migration, and degraded recovery. At the same time, the Baidu AI Cloud's professional service team provides 24/7 support service for you.

Accurate service measurement

DCC service provides an accurate and transparent measuring and billing system for you. The Baidu AI Cloud will reserve your original billing logs of at least 6 months for you. Our specific billing system can ensure that the resources of DCC used by the user can be measured accurately. For the billing standard, the effective billing modes and prices released on the official website shall prevail.

Service changes and termination terms

1. Given the unique nature of network service, users understand and agree that the Baidu AI Cloud has the right to change, interrupt or terminate part or all of its network service. If the changed, interrupted or terminated network service is free, we will not inform each user of such thing separately.
2. The user understands that the Baidu AI Cloud needs to check, maintain or repair its platform, on which the network service is provided, or related devices on a regular or irregular basis, which may cause interruption of the charged network service in a reasonable time. In this case, the Baidu AI Cloud shall assume no responsibilities for any possible consequences, but will make our full efforts to send an early notification as much as possible.
3. The Baidu AI Cloud service may change or delete part of its features. In this case, we will not inform each user of such thing separately. The user understands and accepts that once the service is canceled, the user's right to use the service will be immediately terminated, and all information saved by the user during the service may not be recovered.

Service indemnity terms

Scope of indemnity

DCC cannot be used normally due to the Baidu AI Cloud’s failure.

Indemnity standard

• Fault duration=Fault resolution time-Fault start time.
• For the prepaid DCC dedicated instance, the affected user shall be repaid in the form of the service duration by twice of the fault duration per instance.
• For the on-demand billed DCC dedicated instance, the affected user shall be indemnified in the form of coupons. Indemnity amount per instance=Average hourly fee for the 24 hours before the failure/60×Fault duration×2.

Notes:

In case the service time of the on-demand billed DCC dedicated instance is less than 24 hours, the service fee is calculated according to the average of the service time. The fault duration is calculated in minutes. The indemnity amount per instance should not exceed the paid fee for this instance in cash.

Constraints Terms of Users

1. The user guarantees that it will not destroy or interrupt this website and the websites of other customers of the Baidu AI Cloud with technology or other measures.
2. The user guarantees that when using DCC service, it will comply with national and local laws and regulations, industrial practices and public social ethics. Furthermore, it will not store, publish, and disseminate the following information and contents with the service provided by the Baidu AI Cloud: any contents or information against national laws, regulations and policies, any political propaganda and/or news against national regulations, any information involving national secrets and/or security, any feudal superstition and/or obscene, pornographic, indecent or crime-inducing information, any gaming prizes or gambling games, any information against national ethnic and religious policies, any information threatening the secure operation of the Internet, any information damaging the legal rights and interests of other people and/or other information or contents harming the social order, public security and public morals. Meanwhile, the user also guarantees that it will not help other people publish any said information against national regulations and/or this service agreement, including but not limited to setting up the URL and BANNER connection, sending emails or short messages, etc. The user admits that our company has the right to terminate our service without any refunds to be returned, provided that the user violates the said agreement. In case our company suffers from any losses due to its said behavior, the user concerned shall provide an indemnity for us.
3. In case the user breaches the Baidu AI Cloud’s Service Agreement, our company has the right to refuse to continuously provide any service for the user concerned.
4. The user guarantees that it will not engage in any abuse of Baidu AI Cloud's resources, including but not limited to any behavior related to hacking, virtual currency mining, grid computing, etc. Once it was found to perform the said behavior, its server will be forced to be shut down and its account will be frozen immediately.
5. The user guarantees that it will not open DCC to the outside when the Baidu AI Cloud has not completed the ICP filling.
6. The user has the right to require the Baidu AI Cloud to issue a formal invoice for the service fee paid by the user. The amount on the invoice only includes the cash paid by the user, excluding the free gift given by the Baidu AI Cloud. Meanwhile, the user should provide the qualification information required by invoices.
7. The user shall take reasonable and secure technical measures outside our service to keep safe and intact different types of data and other information stored on our server due to the use of this service. Furthermore, it shall assume all responsibilities for the consequence caused by its behavior (including but not limited to arrears, installing software by itself, taking encryption measures or other security measures and so on).
8. The user must comply with this agreement and relevant requirements of the Baidu AI Cloud when using this service, and is prohibited from engaging in or helping other people perform the following actions (including but not limited to helping other users perform actions) with this service:

(1) Use the Baidu Cloud Compute of this service as a virtual server, disk, proxy server or email server to relet it;

(2) Carry out gambling or gambling games, or use our server as a "private server" or “plug-in", or engage in other illegal Internet activities with our server;

(3) Publish, deliver, or disseminate email ads and spams;

(4) Publish, deliver or disseminate unwelcome or uninvited emails, electronic ads and short message ads, or emails or short messages containing harmful information, such as reactionary and pornographic contents;

(5) Run programs or processes unrelated to the service used through building or using relevant devices and configuration, causing large consumption of the server memories, CPUs, network bandwidth and other resources in this service, and generating heavy loads on the system of this service, or other networks, servers (including but not limited to local, domestic and international networks, servers, etc.), products/applications and service of other users in this service. As a result, communication between this service and the Internet, this service and the specific network, as well as different servers, and communication in this services may be affected adversely, the servers used by this service or other users of this service may be shut down, crashed, or the products or service used by users of the Baidu AI Cloud’s other services cannot be accessed.

(6) Conduct any acts attempting to undermine or undermining network security, including but not limited to malicious scanning of other websites and servers, illegal intrusion into the system, illegal data acquisition and so on with viruses, Trojans, malicious code, phishing, etc.

(7) Attempt to change or change the system configuration provided by this service or undermine system security.

(8) Undermine or disrupt the operation of this service or the use of this service by other users with technology or other measures.

(9) Attempt to or interfere with the normal operation of any products, any parts or any features of the Baidu AI Cloud, or make, publish, or disseminate tools and methods to conduct the said acts.

(10) Conduct any acts that may violate good faith, public orders, good customs, and public morals.

(11) In case the user is engaged in any businesses, including but not limited to "DNS resolution", "Security service", "Domain name proxy", “Reverse proxy" and so on, causing itself to be frequently attacked (including but not limited to DDoS attacks), and failed to correct its behavior timely or eliminate its bad influences according to our requirements, thereby threatening this service platform or other users of this service, once any said act is found, its server will be forced to be shut down and its account will be frozen immediately.

Service Provider Disclaimer Terms

1. The Baidu AI Cloud makes no guarantee for the following issues (including but not limited to):

(1) The Baidu AI Cloud is applicable to all users.

(2) The Baidu AI Cloud is timely, secure and reliable without any interruption and errors. Any products, services, or other materials obtained by users via the Baidu AI Cloud can meet their expectations.

(3) In case you download or obtain any materials via the Baidu AI Cloud, you shall take all risks. In case your computer’s operating system is damaged or your data is lost due to use of this product, you shall assume all responsibilities.

2. The company reserves the right to suspend or terminate the service provided for you provided that you violate any national and local laws and regulations or this service agreement.
3. You agree and authorize the Baidu AI Cloud that If you conduct any malicious acts when using our service, including defrauding other people, publishing or selling fake or shoddy products, infringing the legal rights and interests of other people, or severely violating rules of the Baidu AI Cloud, we have the right to disclose your behavior within the scope of the Baidu AI Cloud. Furthermore, your account of the Baidu AI Cloud may be canceled, you may not log in to any Baidu website, and all our websites may terminate our service provided for you.
4. During the use of this service, the contents of this agreement, the prompt information related to the transaction on the page, or the information (by short message or call) sent to your mobile phone by our company are the rules related to this service. After you start to use this service, it indicates that you agree to accept all the rules of this service. You understand and agree that the company has the right to unilaterally modify the service-related rules without your consent. The information prompted on the page (or text messages or calls sent to your mobile phone) when you use this service shall prevail. Before using this service, you should agree and comply with the rules of this service.
5. The company may inform you of the service progress and prompt you to take the next step by email (or text message or call), but cannot guarantee that you can receive or timely receive this email (or text message or call). In this case, we shall assume no responsibilities for the resulting consequence. Therefore, during the service process, you should log in to the website timely to view and conduct transaction operations. In case you failed to timely view, modify or confirm the service status, or submit a related application, resulting in any disputes or losses, the Baidu AI Cloud shall bear no responsibilities.
6. In case any undesired consequence occurs due to incorrect contact information you provided for the Baidu AI Cloud, or your insecure and unstable email box used to received emails from the Baidu AI Cloud, you shall assume all responsibilities. The undesired consequence includes but not limited to the resulting consequence and losses caused by your failure to receive relevant notifications from the Baidu AI Cloud timely.
7. System interruption or failure

In case any following condition occurs, the system may not be operated normally, thus preventing you from using various online services. In this case, the Baidu AI Cloud shall assume any responsibilities for indemnities. These conditions include but is not limited to:

(1) The Baidu AI Cloud’s system is shut down for maintenance.

(2) A failure occurs in the telecommunication devices, so the data cannot be transmitted.

(3) A failure in our system prevents us from performing our business due to force majeure factors, including typhoons, earthquakes, tsunamis, floods, power outages, wars and terrorist attacks.

(4) Our service is interrupted or delayed due to hacking, technical adjustment or a failure of the telecommunication department, website upgrading, banking issues, etc.

8. The cooperation companies of this service shall be responsible for the quality and contents of their service separately.
9. Under the permission of laws, the Baidu AI Cloud shall be not responsible for any indirect, punitive, special or derived losses (including business losses, revenue losses, profit losses, data-using losses or other economic losses), regardless of whether it is caused by breach of this agreement (including breach of warranties) or by infringement, because such losses have been notified in advance. In addition, even if the exclusive remedies specified by this agreement have not been realized, the Baidu AI Cloud's liabilities for such losses shall be excluded.
10. In view of the special nature of network service, you agree that the Baidu AI Cloud has the right to change, interrupt or terminate part or all of its network service for proper reasons, and shall not assume any responsibilities for the resulting consequence. However, the Baidu AI Cloud will make all efforts to notify you in advance so that you can transfer and back up relevant data and adjust your business to protect your legal rights and interests.
11. In order to provide you with comprehensive service, the Baidu AI Cloud has the right to regularly or irregularly check, repair, maintain, and upgrade the platform or relevant devices providing this service. If such operations cause our service to be interrupted or suspended within a reasonable time, the Baidu AI Cloud shall not bear any responsibilities for you.
12. You understand and agree that the Baidu AI Cloud's service is provided in accordance with the current technology and conditions. We will do our best to provide you with our service to ensure our continuous and secure service. However, we cannot guarantee that our service is flawless, and cannot predict and prevent any legal, technical and other risks at any time, including but not limited to service interruption, data loss, data breach or stolen, and other losses and risks caused by force majeure, viruses, Trojans, hacking attacks, instable systems, third-party service defects, government actions, and other reasons. Therefore, you agree that even if our service is flawed, which cannot be avoided at the current industrial technical level, it will not be considered as our breach of the agreement. At the same time, we shall be exempted from any losses caused by data or information losses.
13. You understand and agree that in the process of using this service, you may encounter risk factors such as force majeure, which may cause our service to be interrupted. When the above situation occurs, we will try to cooperate with the relevant companies as soon as possible to repair problems timely. However, we shall be exempted from any losses caused to you.
14. You understand and agree that during the installation and use of CVM Servers on the Baidu AI Cloud, if any losses occur because you have installed pirated software, systems, and data resources on your own, we shall assume no responsibilities for such losses. If your behavior has caused any losses to us, we will reserve the right to claim our losses.