Last Updated: September 29, 2018

The following Service Terms apply only to the specific Services to which the Service Terms relate and provided by Ningxia Western Cloud Data Technology Co., Ltd. (“Western Cloud Data”, “we”, “us” or “our”). In the event of a conflict between the terms of these Service Terms and the terms of the Western Cloud Data Customer Agreement for AWS (Ningxia Region) or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

1. Universal Service Terms (Applicable to All Services)

1.1. You may only use the Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As part of the Services, certain software (including related documentation) will be available to you with a separate license agreement. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.

1.2. You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us and updated by us from time to time on the AWS China Site. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us and updated by us from time to time on the AWS China Site.

1.3. You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.

1.4. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy for AWS (Ningxia Region)) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law or otherwise based on a request of a governmental or regulatory body.

1.5. From time to time, we may offer free or discounted pricing programs covering certain usage of the Services (each, a “Special Pricing Program”). We may stop accepting new sign-ups or discontinue a Special Pricing Program at any time. Standard charges will apply after a Special Pricing Program ends or if you exceed the limitations by the Special Pricing Program. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) for the Special Pricing Program as described in the offer terms for the Special Pricing Program or on the pricing page for the eligible Service(s). You may not access or use the Services in a way intended to avoid any additional terms, restrictions, or limitations (e.g., establishing multiple AWS accounts in order to receive additional benefits under a Special Pricing Program), and we may immediately terminate your account if you do so. Any data stored or instances provided as part of a Special Pricing Program must be actively used.

1.6. If we make multiple discounts or pricing options for a Service available to you at one time, you will only be eligible to receive one discount or pricing option, and will not be entitled to cumulative discounting and pricing options.

1.7. You will ensure that all information you provide to us via the AWS China Site (for instance, information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.

1.8 From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Service Offerings (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.

1.9 Beta Service Participation

1.9.1. This Section describes the additional terms and conditions under which you may access and use certain features, technologies and services made available to you by us that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Service”) or access and use Service Offerings available in AWS regions that are not generally available, including, but not limited to, any AWS regions identified by us as “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Region”). In the event there is a conflict between the terms of this Section 1.9 and an existing [AWS Beta Test Participation Agreement] between you and Western Cloud Data, the terms of the existing [AWS Beta Test Participation Agreement] will take precedence.


1.9.2. During the term of the applicable Beta Service or Beta Region (as specified by Western Cloud Data), you may: (a) access and use the Beta Service or Service Offerings in any Beta Region solely for internal evaluation purposes; and (b) install, copy, and use any related AWS Content that may be provided to you by Western Cloud Data in connection with the Beta Service or Service Offerings in any Beta Region (“Beta Materials”) solely as necessary to access and use the Beta Service or Service Offerings in any Beta Region in the manner permitted by this Section.
1.9.3. You agree not to allow access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials by any third party other than your employees and contractors who (i) have a need to use or access the Beta Service, Service Offerings in the Beta Region or Beta Materials in connection with your internal evaluation activities, and (ii) have executed written non-disclosure agreements obligating them to protect the confidentiality of non-public information regarding the Beta Service, Beta Region and Beta Materials.


1.9.4. You must comply with all policies and guidelines related to any Beta Service or Beta Region as posted on the AWS China Site or otherwise made available to you, including the Privacy Policy for AWS (Ningxia Region), Acceptable Use Policy for AWS (Ningxia Region), Service Terms for AWS (Ningxia Region), and any additional terms and conditions for a specific Beta Service or Beta Region. We may add or modify restrictions, including lowering or raising any usage limits, related to access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials at any time. If requested by us, you will promptly increase or decrease your usage of the applicable Beta Service, Service Offerings in a Beta Region or Beta Materials to the levels that we may specify. Service Level Agreements for AWS (Ningxia Region) do not apply to Beta Services or any Services Offerings in Beta Regions.


1.9.5. We may suspend or terminate your access to or use of any Beta Service or Service Offerings in any Beta Region at any time and for any reason. We may at any time cease providing any or all of any Beta Service or any Service Offering in a Beta Region in its sole discretion and without notice. Beta Services and Services Offerings in Beta Regions also may be unavailable and/or their performance may be negatively affected by scheduled and unscheduled maintenance. We will use reasonable efforts to notify you in advance of scheduled maintenance, but we are unable to provide advance notice of unscheduled or emergency maintenance.


1.9.6. In consideration of being allowed to access and use a Beta Service or Service Offering in a Beta Region, you agree to provide us with information relating to your access, use, testing, or evaluation of the Beta Service, Service Offerings in the Beta Region or any related Beta Materials, including observations or information regarding the performance, features and functionality of the Beta Service or any related Beta Materials as applicable, when and in the form reasonably requested by us (“Test Observations”). We will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of the Beta Service or Beta Region.


1.9.7. Each individual Beta Service and Service Offering in a Beta Region will automatically terminate upon the release of a generally available version of the applicable Beta Service or Service Offering in a Beta Region or upon notice of termination by us. Notwithstanding anything to the contrary in the Agreement or these Services Terms, either you or we may terminate your participation in a Beta Service or Service Offering in a Beta Region at any time for any reason upon notice to the other party. Notwithstanding anything to the contrary in the Agreement, after the conclusion of your participation in a Beta Service or Service Offering in a Beta Region for any reason, (a) you will not have any further right to access or use the applicable Beta Service or Service Offering in the Beta Region and Beta Materials; (b) your Content used in the applicable Beta Service or Service Offering in the Beta Region may be deleted or inaccessible; and (c) you will immediately return or, if instructed by us, destroy all Beta Materials or any other AWS Confidential Information related to the applicable Beta Service, Service Offering in any Beta Region or Beta Materials. If we release a generally available version of a Beta Service or a Service Offering in a Beta Region, your access to and use of the generally available version will be subject to the Agreement and any separate Section of these Service Terms as may be specified for that generally available Service Offering. If any Beta Region becomes generally available, your access to and use of Service Offerings in the generally available AWS region will be subject to the terms and conditions applicable to that AWS region. We do not guarantee that any Beta Service or Service Offering in any Beta Region will ever be made generally available, or that any generally available version will contain the same or similar functionality as the version made available by us during the term of the Beta Service or Beta Region, as applicable. We do not guarantee that any Beta Region will become generally available.


1.9.8. Beta Materials, Test Observations, suggestions concerning a Beta Service or Beta Region, or any other information about or involving (including the existence of) any Beta Service or Beta Region are considered AWS Confidential Information. You will not disclose (including, but not limited to, in a press release or public statement) any Beta Materials, Test Observations, suggestions concerning a Beta Service, or any other information about or involving (including the existence of) any Beta Service, except as agreed by us in writing.


1.9.9. ADDITIONAL WARRANTY DISCLAIMERS. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, WESTERN CLOUD DATA IS PROVIDING THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS AND BETA MATERIALS TO YOU “AS IS.” WESTERN CLOUD DATA AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WESTERN CLOUD DATA AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WESTERN CLOUD DATA’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY WESTERN CLOUD DATA UNDER THIS AGREEMENT FOR THE BETA SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.


1.9.10. Because the Beta Services and Materials involve features, technologies and services that are not yet generally available, you acknowledge that any violation of this Section 1.9 could cause irreparable harm to us for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that we will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of this Section 1.9.

2. Amazon Simple Queue Service (Amazon SQS)

2.1. You may not knowingly create and maintain inactive queues. We may delete, without liability of any kind, any of Your Content that sits in an Amazon SQS queue or any Amazon SQS queue that remains inactive for more than the number of days specified in the user documentation.

3. Amazon Elastic Compute Cloud (Amazon EC2)

3.1. In connection with your use of Amazon Elastic Compute Cloud (including all instances and instance types, hosts and other resources, dedicated, reserved or on-demand, collectively “Amazon EC2”) and the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run.

3.2. Using Microsoft Software. In conjunction with the Services, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the “Microsoft Software”).

3.2.1. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:

  • The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with the Services.
  • You may not transfer or use the Microsoft Software outside the Services.
  • You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software.
  • You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law.
  • Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Services.
  • Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support.
  • You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
  • Microsoft is an intended third-party beneficiary of this Section 3.2.1, with the right to enforce its provisions.

3.2.2. For any instance running Microsoft Software (each, a “Microsoft Instance”), you may not use nesting, container or similar technologies to sell or resell multiple instances, portion(s) of an instance, or containers running within the Microsoft Instance, unless (a) you are the ultimate end user of the Microsoft Instance, (b) you have supplemented the Microsoft Instance with your own applications, or (c) you have added primary and significant functionality to the Microsoft Instance.

3.3. Using Third Party Software. In conjunction with the Services, you may be allowed to use certain software (including related support, maintenance, and documentation) developed, owned or provided by third parties or their licensors. Use of third party software is subject to these additional terms and conditions:

3.4. EC2 Reserved Instance Pricing. You may designate Amazon EC2 instances as subject to the reserved pricing and payment terms (“EC2 Reserved Instance Pricing”) set forth on the Amazon EC2 detail page on the AWS China Site (each designated instance, a “EC2 Reserved Instance”). Scheduled EC2 Reserved Instances (“Scheduled Instances”) will terminate upon completion of the scheduled reservation. You may designate instances as EC2 Reserved Instances by calling to the Purchasing API or selecting the EC2 Reserved Instance option in the AWS console. The EC2 Reserved Instances may only be used in the applicable AWS region. We may change EC2 Reserved Instance Pricing at any time but price changes will not apply to previously designated EC2 Reserved Instances, except as described in this Section 3.4. If Microsoft increases the license fees it charges for Windows, or if Red Hat increases the license fees it charges for Red Hat Enterprise Linux (“RHEL”), we may make a corresponding increase to the per-hour usage rate (or institute a corresponding per-hour usage rate) for EC2 Reserved Instances with Windows or RHEL. Any increase in the per-hour usage rate (or institution of) for EC2 Reserved Instances with Windows will be made between December 1 and January 31, and we will provide 30 days’ notice. For any increase in the per-hour usage rate (or institution of) for EC2 Reserved Instances with RHEL we will provide 30 days’ notice. If this happens, you may: (a) continue to use your EC2 Reserved Instances with Windows or RHEL with the new per-hour usage price; (b) convert your EC2 Reserved Instances with Windows or RHEL to comparable EC2 Reserved Instances with Linux; or (c) terminate your EC2 Reserved Instances with Windows or RHEL and receive a pro rata refund of the up-front fee you paid for the terminated EC2 Reserved Instances with Windows or RHEL. We may terminate the EC2 Reserved Instance Pricing program at any time. EC2 Reserved Instances are nontransferable. EC2 Reserved Instances are noncancellable and you will owe the EC2 Reserved Instance Pricing for the duration of the term you selected, even if the Agreement is terminated. All amounts paid in connection with the EC2 Reserved Instances are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual EC2 Reserved Instance type, or terminate the EC2 Reserved Instance Pricing program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated EC2 Reserved Instances. Upon expiration or termination of the term of EC2 Reserved Instances, the EC2 Reserved Instance pricing will expire and standard on-demand usage prices will apply to the instances. In addition to being subject to EC2 Reserved Instance Pricing, EC2 Reserved Instances are subject to all data transfer and other fees applicable under the Agreement.

3.5. You may only use the AWS Management Pack for System Center on computer equipment owned or controlled by you for your internal business purposes, solely to access Your Content used in connection with the Services. Your use of the AWS Management Pack for System Center is governed by the license agreement, located here: the AWS Management Pack for System Center License Agreement http://aws.amazon.com/windows/system-center/aws-mp-license.

3.6. Dedicated Instances. You may request that certain Amazon EC2 instances run on physically isolated host hardware dedicated to a single customer account (each requested instance, a “Dedicated Instance”), using the process set forth on the Amazon EC2 Dedicated Instance detail page on the AWS China Site.

3.7. Microsoft BYOL Licensing. Under this option, Amazon EC2 enables you to provision Amazon EC2 instances using your Microsoft Software and Microsoft Licenses (the “BYOL Program”). Unless otherwise specified in your agreement(s) with Microsoft, you can use this benefit only if you comply with the requirements here , and you (a) use Dedicated Instances; (b) launch from Virtual Machines (VMs) sourced from software binaries provided by you; and (c) run the instances within your designated AWS region. 

You must be eligible to use the BYOL Program for the applicable Microsoft software under your agreement(s) with Microsoft. You are solely responsible for obtaining all required licenses and for complying with all applicable Microsoft licensing requirements, including the Product Use Rights/Product Terms. Further, you must have accepted Microsoft's End User License Agreement (Microsoft EULA), and by using the Microsoft Software under the BYOL Program, you agree to the Microsoft EULA.

You agree that you have determined that your use of the BYOL Program will comply with the applicable Microsoft licensing requirements. Usage of the Services in violation of your agreement(s) with Microsoft is not authorized or permitted.

3.8. As part of using Amazon EC2, you agree that your Amazon EC2 resources may be terminated or replaced due to failure, retirement or other requirement(s) from us. We and Amazon have no liability whatsoever for any damages, liabilities, losses (including any corruption, deletion, or destruction or loss of data, applications or profits), or any other consequences resulting from the foregoing. THE USE OF AMAZON EC2 DOES NOT GRANT YOU, AND YOU HEREBY WAIVE, ANY RIGHT OF PHYSICAL ACCESS TO, OR PHYSICAL POSSESSION OF, ANY AWS SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS.

4. Amazon Elastic MapReduce

4.1. We may collect certain information about computing jobs you run using Amazon Elastic MapReduce, including CPU utilization, memory usage, IO performance, and error and information messages.

4.2. You are responsible for all fees incurred from your use of Amazon Elastic MapReduce regardless of the results obtained, the quality of the resulting data, or whether a computing job runs successfully. Use of Amazon Elastic MapReduce requires use of Amazon EC2 and Amazon S3, and certain features require use of Amazon SimpleDB. You are responsible for the separate fees you accrue for Amazon EC2, Amazon S3 and Amazon SimpleDB.

4.3. You are solely responsible for monitoring the status of your computing jobs. We may throttle or terminate computing jobs that we determine degrade the performance of Amazon Elastic MapReduce, the Services, or any component of the Services. We are not responsible for any data loss or data corruption that occurs as part of your computing jobs.

5. Amazon CloudWatch and Auto Scaling

5.1. You may only use Amazon CloudWatch to perform monitoring and auto-scaling functions in connection with Amazon EC2. Amazon CloudWatch enables Auto Scaling in connection with Amazon EC2. Auto Scaling requires use of both Amazon CloudWatch and Amazon EC2.

5.2. In connection with Auto Scaling, we may launch additional Amazon EC2 instances or terminate Amazon EC2 instances based on conditions you set. You are responsible for the separate fees you accrue for Amazon EC2. You are responsible for all fees incurred from your use of Amazon CloudWatch and Auto Scaling regardless of the results obtained or the quality or timeliness of the results. Charges for Amazon CloudWatch will accrue as soon as you use begin using Amazon CloudWatch or Auto Scaling functionality.

5.3. Amazon CloudWatch collects and stores certain information for the Amazon EC2 instances you are monitoring, including CPU utilization, data transfer, and disk usage and activity. Amazon CloudWatch metric data is kept for 14 days; we may delete CloudWatch metric data, without liability of any kind, at any time after 14 days.

6. Elastic Load Balancing

6.1. You may only use Elastic Load Balancing to provide load balancing functionality in connection with Amazon EC2. You must have instances running in all Availability Zones across which you want to balance loads with Elastic Load Balancing.

6.2. Use of Elastic Load Balancing requires use of Amazon EC2. You are responsible for the separate fees you accrue for Amazon EC2. You are responsible for all fees incurred from your use of Elastic Load Balancing regardless of the results obtained or the quality or timeliness of the results. Charges for Elastic Load Balancing will accrue as soon as you use begin using Elastic Load Balancing functionality.

7. Amazon Virtual Private Cloud (Amazon VPC)

7.1. You may only use Amazon VPC to connect your computing resources to certain AWS computing resources via a Virtual Private Network (VPN) connection.

7.2. Use of Amazon VPC requires the use of other Services. You are responsible for all applicable fees associated with your use of other Services in connection with Amazon VPC. When you transfer data between AWS computing resources running inside Amazon VPC and AWS computing resources running outside Amazon VPC, you will be charged VPN data transfer rates in addition to any applicable Internet data transfer changes. VPN connection charges accrue during any time your VPN connection is in the “available” state.

7.3. You are solely responsible for the configuration, operation, performance and security of all equipment and computing resources you use with Amazon VPC, including any gateways or other devices you use to connect to Amazon VPC.

8. Amazon Relational Database Service (Amazon RDS)

8.1. You may only use Amazon RDS to store, query, retrieve and serve data and other content owned, licensed or lawfully obtained by you. You acknowledge that neither we nor our licensors are responsible in any manner, and you are solely responsible, for the proper configuration of database security groups and other security settings associated with Amazon RDS.

8.2. You may store snapshots of Your Amazon RDS Content for later use in Amazon RDS but snapshots cannot be downloaded outside the Services.

8.3. We may terminate your Amazon RDS database instance if you attempt to access or tamper with any software Amazon pre-loads on the database instance, including the operating system software running on the database instance.

8.4. You are responsible for configuring your backup retention period to give yourself enough time to recover data from your backups in the event of a hardware or file system failure.

8.5. Reserved DB Instance Pricing. You may designate Amazon RDS database instances as subject to the reserved pricing and payment terms ("Reserved DB Instance Pricing") set forth on the Amazon RDS detail page on the AWS China Site (each designated instance, a "Reserved DB Instance"). You may designate database instances as Reserved DB Instance by calling to the Purchasing API or selecting the Reserved DB Instance option in the AWS console. When you designate a database instance as a Reserved DB Instance, you must designate a region, instance type and quantity for the applicable Reserved DB Instances. The Reserved DB Instances may only be used in the designated region. We may change Reserved DB Instance Pricing at any time but price changes will not apply to previously designated Reserved DB Instances. We may terminate the Reserved DB Instance Pricing program at any time. Reserved DB Instances are nontransferable and all amounts paid in connection with the Reserved DB Instances are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual Reserved DB Instance type, or terminate the Reserved DB Instance Pricing program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved DB Instances. Upon expiration or termination of the term of a Reserved DB Instance, the Reserved DB Instance Pricing will expire and standard on-demand usage prices will apply to the database instance. In addition to being subject to Reserved DB Instance Pricing, Reserved DB Instances are subject to all data transfer and other fees applicable under the Agreement.

8.6 Using Microsoft Software.

8.6.1 "License Included" In conjunction with the Services, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the “Microsoft Software”). If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:

  • The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with the Services.
  • You may not transfer or use the Microsoft Software outside the Services.
  • You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software.
  • You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law.
  • Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Services.
  • Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support.
  • You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, "High Risk Use"). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
  • SQL Server Web Edition may be used only to support public and Internet accessible Web pages, Web sites, Web applications or Web services. It may not be used to support line of business applications (e.g., Customer Relationship Management, Enterprise Resource Management and other similar applications).

8.6.2 License Mobility with Software Assurance (Bring Your Own License or BYOL). Under this option, Amazon RDS enable you to provision Microsoft SQL Server Software to Amazon EC2 instances and use the management capabilities of Amazon RDS for the SQL Server Software. You can use this benefit if only you meet the requirements and have signed up as described here.

9. Amazon Simple Notification Service (Amazon SNS)

9.1. You may only use Amazon SNS to send notifications to parties who have agreed to receive notifications from you.

9.2. We may throttle or restrict notifications if we determine, in our sole discretion, that your activity may be in violation of the AWS Acceptable Use Policy or the Agreement.

9.3. Your notifications sent through Amazon SNS may be blocked, delayed or prevented from being delivered by destination servers and other reasons outside of our control and there is no warranty that the service or content will be uninterrupted, secure or error free or that notifications will reach their intended destination during any stated time-frame. In addition, you acknowledge that we may not be able to provide the service if a wireless carrier delivering Amazon SNS notifications by short messaging service (SMS) terminates or suspends their service. Your payment obligations may continue regardless of whether delivery of your notifications are prevented, delayed or blocked.

9.4. You may not use Amazon SNS to send SMS messages that include Premium Content (as defined in the Mobile Marketing Association Guidelines). You may not charge recipients for receiving Amazon SNS notifications by SMS unless you have obtained the recipient’s express consent. You must advise recipients receiving Amazon SNS notification by SMS that wireless carriers may charge the recipient to receive Amazon SNS notifications by SMS. You must obtain our prior written consent before using Amazon SNS to send SMS messages for:

  • financial transactions or payment services (e.g., mobile banking, bill presentment, bill payment, money transfer, peer-to-peer payment or lending credit, debit or stored value payment services);
  • charitable programs (e.g., soliciting donations for a non-profit organization);
  • sweepstakes or contests;
  • advertisements or promotions for commercial products, goods or services; or
  • location-based services (e.g., where a recipient receives messages based on the geographical location of the recipient’s wireless device).

9.5. Any third party push notification platform that you use in connection with Amazon SNS is Third Party Content under the Agreement, and features of Amazon SNS that depend on such platforms may not be secure, uninterrupted or error-free. Your use of such push notification platform is subject to the platform’s terms and conditions, and you are solely responsible for complying with those terms and conditions. We may change, discontinue or deprecate support for a push notification platform for any reason at any time.

9.6. You and any of your applications that use Amazon SNS must comply with all laws, rules, and regulations applicable in jurisdictions in which your applications are used.

9.7. Through your use of Amazon SNS you will not:

  • Transmit any material that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs.
  • Offer or purport to offer any Emergency Services. “Emergency Services” means services that allow a user to connect with emergency services personnel or public safety answering points.
  • Materially violate or facilitate the material violation of any local or foreign law, rule, regulation or order, including laws regarding the transmission of data or software
  • Transmit material that is sexually explicit, relates to “adult services”, or contains sensitive financial or identifying information (such as social security numbers)
  • Resell, sublicense or timeshare the Services or use them on behalf of anonymous or other third parties.
  • Use the Services in hazardous environments (such as operation of nuclear facilities, aircraft navigation, or any other use that may result in foreseeable risk of injury, death, or destruction of property).

10. Consolidated Billing

10.1 You may only use Consolidated Billing as described in this Section and on the AWS China Site to (i) link an AWS account (the “Paying Account”) with another AWS account (each, a “Linked Account”), or (ii) allow an AWS account to be linked to a Paying Account. You may only link accounts held by you, your affiliates or your employees, or by your agents or subcontractors currently doing work on your behalf. If an agent or subcontractor ceases doing work on your behalf, you will promptly unlink the applicable account. When accounts are linked, (1) the Paying Account will be billed for and will pay all applicable charges for each Linked Account in accordance with the payment provisions in the Agreement while the accounts are linked and (2) the Paying Account will be deemed as the recipient of the Services under the Linked Account and the relevant rights and obligations under the Agreement governing each Linked Account will be deemed assigned to the Paying Account. The receipt of Services under Paying Account described above will be regarded as the full fulfillment of our obligations under the Agreement governing each Linked Account. By linking your Linked Account to a Paying Account, you consent to disclosing your billing and account activity for that Linked Account to the Paying Account. We will determine the number of accounts that may be linked. An account may unlink another account from it at any time. As soon as a Linked Account is unlinked from a Paying Account, (1) the Linked Account will be billed for and will pay all applicable charges for the Linked Account in accordance with payment provisions in the Agreement and (2) the Paying Account will no longer be deemed as the recipient of the Services under the Linked Account and the relevant rights and obligations under the Agreement governing each Linked Account described above will no longer be deemed assigned to the Paying Account. If a Paying Account is terminated for failure to satisfy the payment provisions in the Agreement, then all linked Accounts associated with the Paying Account will be unlinked. We may unlink a Linked Account from a Paying Account at any time upon notice to both accounts in accordance with the Agreement, except that accounts linked in violation of this Section may be unlinked by us immediately and without notice. Paying Accounts and Linked Accounts are jointly and severally liable for all fees accrued by Linked Accounts while the accounts are linked. Accordingly, if a Paying Account fails to pay for fees accrued by a Linked Account while the accounts are linked, the Linked Account remains liable for such fees.

11. AWS Identity and Access Management (IAM)

11.1. You may use IAM to create additional sets of security credentials (the “User Credentials”) under your AWS account, the format of which may include a username and password, roles, policies, permissions, access keys, and/or a security token. The User Credentials are subject to change: (a) by you through the IAM APIs, or (b) if we determine in our reasonable discretion that a change is necessary. We will promptly notify you of any change we make to the User Credentials.

11.2. You will ensure that all use of the Services under the User Credentials complies with the terms and conditions of the Agreement between you and us that governs your use of the Services.

11.3. You are responsible for all applicable fees associated with use of the Services in connection with IAM, including fees incurred as a result of any User Credentials. You are responsible for maintaining the secrecy and security of the User Credentials (other than any key that we expressly permit you to use publicly). You are solely responsible, and neither Amazon or we have liability, for any activities that occur under the User Credentials, regardless of whether such activities are undertaken by you, your employees, agents, subcontractors or customers, or any other third party. You are responsible for the creation, distribution, and security (including enabling of access) of all User Credentials created under your AWS account, including credentials that you have used IAM to create or disclose to other parties.

11.4. Except as otherwise provided by us, you may only use User Credentials for your internal use and may not expose your User Credentials publicly. You may not sell, transfer or sublicense or authorize the creation of User Credentials (other than public use of any key that we expressly permit you to use publicly) to any other party; provided that, you may disclose or cause to be disclosed User Credentials to your agents or subcontractors that are performing services for you, solely to allow the agents or subcontractors to use the Services on your behalf in accordance with the agreement between you and us that governs your use of the Services.

11.5. Any third party identity provider that you use in connection with the Service Offerings is Third Party Content under the Agreement and may be provided directly to you by a third party under separate terms and conditions. You are solely responsible for complying with those terms and conditions. We may change, discontinue or deprecate support for an identity provider for any reason, including if the continued use of the identity service (a) poses a security or intellectual property issue, (b) is economically or technically burdensome, or (c) must be terminated to comply with the law or requests of governmental entities.

12. AWS Elastic Beanstalk

12.1. The URL used in connection with an AWS Elastic Beanstalk environment will have the formulation [myapp].cn-north-1.eb.amazonaws.com.cn. You will select the “myapp” portion of the URL and will not:

  • include any trademark of Amazon or its affiliates, or a variant or misspelling of a trademark of Amazon or its affiliates – for example, "endlessboots", "amaozn", "smallpartsstore", "amazonauctions", "kindlemagazines", or "kindlewirelessreader" would be unsuitable; or
  • otherwise violate the intellectual property rights of any third party or the AWS Acceptable Use Policy (including, without limitation, containing any offensive, harmful or illegal content).
    We may reject any URL that fails to comply with this Section. Further, we may modify any URL in order to make it compliant with this Section. In addition, we may treat any URL that fails to comply with this Section as Prohibited Content.

12.2. The [myapp] portion of the URL is reserved for you only during the time your application environment is running. If you stop running your application environment at any time, for any reason, the [myapp] portion of the URL you were using to run the application environment will no longer be available to you, and will be returned to a pool from which it may be used by another customer.

12.3. We may make available reference or sample applications for you to use in connection with AWS Elastic Beanstalk (“Elastic Beanstalk Sample Apps”). Elastic Beanstalk Sample Apps are provided “as is” and you will be charged the same fees for running Elastic Beanstalk Sample Apps as you would be charged for running your own application.

12.4. AWS Elastic Beanstalk is offered at no additional charge, but requires the use of other AWS services. You are responsible for all fees incurred for AWS services used in connection with AWS Elastic Beanstalk.

13. AWS CloudFormation

13.1. You may use AWS CloudFormation to create a collection of AWS resources and provision them.

13.2. The sample templates may be available for you to use in connection with AWS CloudFormation. All sample templates are offered “as is” and you are solely responsible for your use of the sample templates.

13.3. Any templates you use in connection with AWS CloudFormation must comply with the Agreement and the AWS Acceptable Use Policy and you are solely responsible for your use of any templates.

13.4. AWS CloudFormation is offered at no additional charge, but requires the use of other AWS services. You are responsible for all fees incurred for AWS services used in connection with AWS CloudFormation.

14. Amazon Web Services Support (AWS Support)

14.1. We will provide “Support” in accordance with the terms of AWS Support Features page available at http://www.amazonaws.cn/support/support-plans/ (the “Guidelines”). AWS Support is available only as described in the Guidelines. If you are experiencing problems with one or more Services in connection with your use of any Content that was provided to you by a third party (someone other than yourself or AWS) then AWS Support is not available.

14.2. In providing AWS Support, we will use commercially reasonable efforts to (a) respond within the “Response Times” set forth in the Guidelines for all properly submitted cases from authorized individuals, and (b) work towards the identification and resolution of the problems submitted. When submitting a case, you may designate the severity level of a problem; provided that, we reserve the right to reclassify the severity level in our reasonable opinion. All Response Times are measured from the point when a case has been properly submitted by an authorized individual to us. Cases may be submitted as specified in the Guidelines. We do not represent, warrant or guarantee that (i) we will always be able to resolve a case fully, (ii) you will no longer experience a problem, (iii) we will provide a bug fix, patch or other workaround in connection with the identified problem, or (iv) any support or advice will result in any performance efficiency or improvement. You are solely responsible for the implementation and results of any suggestions or advice received.

14.3. Unless otherwise set forth in the Guidelines, AWS Support fees will be the greater of (a) the specified minimum monthly fee, or (b) a percentage of your monthly usage charges for all Services during the billing period. Regardless of when you sign up or terminate AWS Support, you are obligated to pay for a minimum of thirty (30) days of support each time you register to receive the service. Implementation of any suggested configurations or improvements may result in additional fees and charges. We reserve the right to refuse to provide AWS Support to any customer that frequently registers for and terminates the service.

15. Amazon DynamoDB

15.1 You will be charged for the throughput capacity (reads and writes) you provision in your Amazon DynamoDB tables even if you do not fully utilize the provisioned capacity.

15.2 The actual reads and writes performance of your Amazon DynamoDB tables may vary and may be less than the throughput capacity that you provision.

15.3 Reserved Capacity Pricing. You may purchase reserved throughput capacity (reads and writes) subject to the pricing and payment terms set forth on the Amazon DynamoDB detail page on the AWS China Site ("Amazon DynamoDB Reserved Capacity"). You may purchase Amazon DynamoDB Reserved Capacity by submitting a request through the AWS console. When you purchase Amazon DynamoDB Reserved Capacity, you must designate a region, quantity, and term. You will be charged (1) a one-time, up-front fee and (2) an hourly fee for each hour during the term based on the amount of Amazon DynamoDB Reserved Capacity you purchase. The Amazon DynamoDB Reserved Capacity may only be used in the designated region and only by the account that purchased the Amazon DynamoDB Reserved Capacity. We may change the pricing for Amazon DynamoDB Reserved Capacity at any time, but price changes will not apply to previously purchased Amazon DynamoDB Reserved Capacity. We may terminate the Amazon DynamoDB Reserved Capacity program at any time. Amazon DynamoDB Reserved Capacity is nontransferable and all amounts paid in connection with the Amazon DynamoDB Reserved Capacity are nonrefundable, except that if we terminate the Agreement (other than for cause) or the Amazon DynamoDB Reserved Capacity program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously purchased Amazon DynamoDB Reserved Capacity. Upon expiration or termination of the term of any Amazon DynamoDB Reserved Capacity, standard on-demand usage prices will apply to your use of Amazon DynamoDB. Amazon DynamoDB Reserved Capacity is also subject to all storage, data transfer and other fees applicable under the Agreement.

15.4 You may install the local version of DynamoDB only on computer equipment owned or controlled by you and may use it solely (a) for your internal business purposes and (b) in connection with the Services. Your use of DynamoDB Local is governed by the DynamoDB Local License Agreement, located here: DynamoDB Local License Agreement.

16. Amazon ElastiCache

16.1. You may only use Amazon ElastiCache to store, query, retrieve and serve Your Content. You are solely responsible for the proper configuration of all security settings associated with Amazon ElastiCache.

16.2. You may not access or tamper with any software we install on the cache nodes as part of Amazon ElastiCache.

16.3. Amazon ElastiCache is designed for the ephemeral storage of Your Content. You are responsible for maintaining a persistent data storage for Your Content, and routinely archiving Your Content to prevent the loss of Your Content.

16.4. Replacement cache nodes automatically generated by Amazon ElastiCache may have different IP address, and you are responsible for reviewing your application configuration to ensure that your cache nodes are associated with the appropriate IP addresses.

16.5. We may apply software updates on your behalf if we determine there is a security vulnerability in the system or software we install on the cache nodes as part of Amazon ElastiCache.

16.6. Reserved Cache Node Pricing. You may designate Amazon ElastiCache cache node as subject to the reserved pricing and payment terms ("Reserved Cache Node Pricing") set forth on the Amazon ElastiCache detail page on the AWS China Site (each designated instance, a "Reserved Cache Node"). You may designate cache nodes as Reserved Cache Nodes by calling to the Purchasing API or selecting the Reserved Cache Node option in the AWS console. When you designate a cache node as Reserved Cache Node, you must designate a region, cache node type, Reserved Cache Node type, and quantity for the applicable Reserved Cache Node. The Reserved Cache Node may only be used in the designated region. We may change Reserved Cache Node Pricing at any time but price changes will not apply to previously designated Reserved Cache Nodes. We may terminate the Reserved Cache Node Pricing program at any time. Reserved Cache Nodes are nontransferable and all amounts paid in connection with the Reserved Cache Nodes are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual Reserved Cache Node type, or terminate the Reserved Cache Node Pricing program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved Cache Nodes. Upon expiration or termination of the term of a Reserved Cache Node, the Reserved Cache Node Pricing will expire and standard on-demand usage prices will apply to the cache node. In addition to being subject to Reserved Cache Node Pricing, Reserved Cache Nodes are subject to all data transfer and other fees applicable under the Agreement.

17. AWS Storage Gateway

17.1 You may only use the AWS Storage Gateway on computer equipment owned or controlled by you for your internal business purposes, solely to access Your Content used in connection with the Services. You acknowledge that AWS Storage Gateway is available to you with the AWS Storage Gateway License Agreement, a current version of which is located here: AWS Storage Gateway License Agreement.

18. AWS Direct Connect

18.1. You may use AWS Direct Connect to establish a dedicated network connection between your network and your AWS resources by using connection types and locations supported by us. When you establish a dedicated connection, your network traffic that would have otherwise been routed over the Internet may be routed through your dedicated network connection.

18.2. The hardware and equipment you use with AWS Direct Connect must comply with the Documentation provided by us. You are responsible for protecting your AWS Direct Connect connections, including using physical security, firewalls and other network security tools as appropriate.

18.3. We will permit data center operator or other service provider to connect your hardware to our hardware at the AWS Direct Connect location(s) that you select. We will provide the necessary information to enable the data center operator or other service provider to establish and monitor this connection, including your name, email address, network configuration, activity information, and AWS account number.

18.4. You are responsible for your separate relationship with the data center operator or other service provider, including compliance with your agreement with, and the policies and procedures of, the data center operator or other service provider, and payment of applicable fees to the data center operator or other service provider. You are responsible for providing or procuring (and we will not own) any equipment or cabling necessary to establish this dedicated connection. Neither we nor any of our affiliates are responsible for the actions, errors or omissions of any employees or contractors of data center operators or service providers, including if the employees or contractors fail to follow instructions from you or us.

18.5. We may disconnect your AWS Direct Connect connection at any time for any reason. If the connection you establish as part of AWS Direct Connect is temporarily unavailable or terminated, we will route traffic bound for your AWS resources over the public Internet and our standard data transfer charges will apply. However, if you are using Amazon Virtual Private Cloud (VPC), traffic bound for your Amazon VPC resources may not be delivered in such situations.

19. Amazon Elasticsearch Service

19.1 Amazon Elasticsearch Service creates daily automated snapshots of your Amazon Elasticsearch Service domains. We will maintain these automated snapshots for a period of 14 days after they are created. We may delete automated snapshots, without liability of any kind, at any time after 14 days.

19.2 You may not access or tamper with any software we install on the Amazon Elasticsearch Service domains.

19.3 We may apply software updates on your behalf if we determine there is a security vulnerability in the system or software we install on the Amazon Elasticsearch Service domains.

20. AWS Snowball

20.1. As part of AWS Snowball, we will ship you an agreed upon number of network-attached storage appliances (each an “Appliance”) and provide you with access to the AWS Snowball Client (together with the software contained on the Appliance, and any updates or upgrades to the foregoing, the “Snowball Software”). You agree that you will not allow any Appliance to leave China and when your use of the Appliance is complete, you will return the Appliance to the designated shipping carrier for return to us. After you receive an Appliance, you may (a) if using the Appliance to transfer data onto a supported Service, transfer certain of your data onto the Appliance for upload by us into a supported Service as Your Content after you return the Appliance, or (b) if using the Appliance to transfer data from a supported Service, transfer Your Content contained on the Appliance onto your own systems, and provide the Appliance to the carrier for return to us (such data in (a) or (b) contained on Appliances before or after transfer, “Data”), or (c) if using a “Snowball Edge” Appliance as described on the AWS China Site, transfer Data onto the Appliance and use the Appliance for certain computing workloads as described in the Documentation. We may request that Appliances be returned to us at any time for any reason, and you will promptly return requested Appliances to us. Appliances collect and provide us with metrics regarding the use of Appliances, including without limitation boot times, size of transferred files, duration of transfers, and errors or timeouts. These metrics may be associated with your account ID and we may use these metrics to provide, maintain, and improve the quality and feature set of the Service Offerings.

20.2. You will comply with all specifications and documentation for AWS Snowball as provided and updated by us from time to time, including shipping and encryption requirements and any documentation on the AWS China Site or an Appliance.

20.3. You will be solely responsible for all shipping and handling costs (which may include costs of freight and transit insurance) for shipping Appliances to or from us. You are responsible for payment of duties, taxes and other charges in connection with Appliances being shipped to or from us. Use of AWS Snowball requires use of a supported Service. You are responsible for the separate fees you accrue for the relevant supported Services.

20.4. You are responsible for the entire risk of loss of, or any damage to, an Appliance once it has been delivered by the carrier to your address until the carrier accepts the Appliance for delivery back to us. For Appliances that are not Snowball Edge Appliances, we may charge you a lost device fee of CNY ¥50,000 if the Appliance is lost or irreparably damaged after it has been provided to you until the carrier accepts the Appliance for delivery back to us, or if you do not provide the Appliance to the carrier for return to us within 90 days of the date it was delivered to you. For Snowball Edge Appliances, we may charge you a lost device fee of CNY ¥100,000 if the Appliance is lost or irreparably damaged after it has been provided to you until the carrier accepts the Appliance for delivery back to us, or if you do not provide the Appliance to the carrier for return to us at our request. If we receive an Appliance back from you and it has any damage which it did not have when we sent it to you, you may be charged the cost to us of fixing the damage or, if the damage cannot be reasonably fixed, the applicable lost device fee. For avoidance of doubt, lost device fees do not limit your liability under this Agreement.

20.5. You will retain title to any Data we receive from you and store on a supported Service (or provide to you upon your request) as part of AWS Snowball. You supply us with Data, and you use the Appliances and Snowball Software, entirely at your own risk. You should back-up Data prior to transfer onto an Appliance and prior to delivery to us, and you should not delete any of Your Content on a supported Service before transferring such content from an Appliance onto your own systems. Your Data should not include live or production data or any other data that you are not prepared to lose. We are not responsible for and will not be held liable for any delay, damage or loss incurred in connection with AWS Snowball, including without limitation loss, damage, destruction or misuse of any Data or any systems or equipment used in connection with AWS Snowball. Our confirmed receipt of delivery or notification of shipment does not: (a) indicate or imply that any Appliance or Data has been or will be delivered or was received free of loss, damage or destruction, or that any loss or damage to, or any destruction of, any Appliance or Data later discovered is not your responsibility; (b) indicate or imply that we actually received the number of units of Appliances specified by you for such shipment; or (c) waive, limit or reduce any of our rights under the Agreement. We reserve the right to impose, and change, from time to time, volume limitations on the delivery of Appliances, and you will comply with any of these restrictions or limitations.

20.6. You represent that you have all necessary rights to (a) provide the Data to us for upload into supported Services, (b) receive Appliances and use them as permitted by us, (c) transfer Data to or from the Appliance, and (d) authorize our transfer of any Data specified by you to the Appliance and to you. Without limiting the foregoing, if your Data includes personal information, personally identifiable information, personal data, or any information about a person or individual covered by applicable law or regulation, you represent that you have obtained all necessary rights to transfer such Data to or from the AWS region you select, and you will comply with all of your obligations with respect of such Data as required by applicable law or regulation, which may include obtaining consent of the subjects of such Data. We may reproduce Data as necessary to transfer it between Appliances and supported Services.

20.7. IN ADDITION TO THE DISCLAIMERS IN THE AGREEMENT, WE HEREBY DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR, RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR SHIPMENT OF DATA BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA, INCLUDING ENCRYPTING SENSITIVE DATA AND NOT ALLOWING UNAUTHORIZED ACCESS TO ANY APPLIANCE.

20.8. In addition to your indemnification obligations under the Agreement, you agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys’ fees), arising out of or in connection with any claim arising out of the Data and your use of Appliances or Snowball Software, including (a) any personal injury, death or property damage (tangible or intangible) related to the foregoing; (b) any sales, goods and services, use, excise, property, value added or other taxes or duties assessed or imposed on us or our affiliates in connection with or as a result of the storage, shipping or other actions taken by you or us with respect to your use of AWS Snowball; (c) any legal or regulatory violation, arising under the laws or regulations of China (including without limitation privacy legislation), related to your use of AWS Snowball.

20.9. Notwithstanding anything to the contrary in the Agreement, you may give agents and subcontractors of your choosing access to the private key associated with your AWS account solely for the purpose of (a) preparing Data for import or export using AWS Snowball or (b) confirming the integrity of Data imported or exported using AWS Snowball. You remain fully responsible for and indemnify us for all activities undertaken by such third parties under your account. Other than as specifically set forth in this section, all terms and conditions of the Agreement continues to apply to your use of the Services.

20.10. The Appliances, the Snowball Software and all other proprietary information, know-how, programming, software, trademarks, trade secrets, plan drawings, requirements, specifications, designs, and patterns furnished by us or our agents or contractors and all property rights embodied therein are and will remain Amazon’s sole property at all times. Except as explicitly stated, at no point do we sell, rent, lease or transfer any ownership or other rights to the Appliance to you. You may not use the Appliance in any manner not expressly permitted herein. Without limiting the foregoing, you will not, and will not permit or authorize third parties to (or attempt to), (a) reverse engineer, disassemble, or decompile the Appliance or the Snowball Software, or apply any other process or procedure to derive the source code of any Appliance or Snowball Software; (b) scan, x-ray, open, modify, alter or otherwise attempt to view the inside of or tamper with the Appliance; (c) circumvent or disable any features or measures in the Appliance or the Snowball Software. Snowball Software contained on Appliances is a “Service Offering” and your use of such Snowball Software is governed by the applicable terms of the Agreement. Your use of any downloadable Snowball Software is governed by the licenses included with such Snowball Software.

20.11. You will return the Appliance to us regardless of the external condition of the Appliance and even if you believe the Appliance may be damaged or non-functional. Although the used Appliance is not waste electrical and electronic equipment, and you will not be the final user of the Appliance, for the avoidance of doubt you understand that the used Appliance is not to be disposed of as waste electrical and electronic equipment, including as unsorted municipal waste or in any other waste collection process, that your return of the used Appliance to us according to the terms of this agreement will contribute to extension of the useful life of the Appliance and its responsible handling and recycling by us when it reaches its end of life, and that the disposal or improper handling of the Appliance, as with other electrical and electronic equipment, could have potentially adverse effects on the environment and human health as a result of the presence of hazardous substances in such equipment. For avoidance of doubt, the terms of this section also apply to internal batteries included within Appliances. The Appliance is marked with a crossed-out wheelie bin symbol to reflect these requirements and in compliance with waste-related regulatory requirements in certain jurisdictions.

20.12. You are responsible for complying with all applicable data protection laws, including any applicable license requirements, and country-specific sanctions programs. Without limiting the foregoing, you are solely responsible for compliance related to the manner in which you use Appliances, including your transfer, upload, and download of your data, goods, software, or technology and the provision of your data, goods, software, or technology to End Users.

20.13. We may provide you with custom air filters for use with certain Appliances (“Filters”). Filters are provided “as is” and we make no representation or warranty regarding Filters. Except to the extent prohibited by law, we expressly disclaim all warranties of any kind related to Filters, including any implied warranties of merchantability, quality, or fitness for a particular purpose. You use Filters entirely at your own risk. We are not responsible and will not be liable for any loss, damage, destruction or misuse of any systems or equipment you use in connection with Filters, including without limitation Appliances.