This service agreement is the valid contract between China Mobile Internet of Things Co., Ltd. (hereinafter referred to as "CMIOT") and you on matters related to Message Queue MQ service. By stamping, clicking confirmation on the web page or by other means, You choose to accept the service agreement, which including, but not limited to, using CMIOT Message Queue MQ service without clicking to confirm the service agreement, means that you have reached an agreement with CMIOT and agree to accept all the agreed contents of the service agreement. If there are inconsistencies between the stamped text of both parties and the text of service agreement accepted by clicking confirmation or other means on the web page, the stamped text of both parties shall prevail. Regarding the service agreement, remind you to pay special attention to the restriction and exemption terms, CMIOT confirmation clause on your violations and breaches a contract, and the selection clauses of the jurisdictional courts. Restrictions and exemptions may be bold or underlined to remind you. Before accepting the service agreement, please read carefully all the service agreement contents. If you have any questions about the service agreement, please consult CMIOT relevant business departments. CMIOT will explain the terms and conditions to you. If you do not agree with service agreement content, or can not accurately understand the interpretation of the terms of CMIOT, please do not follow up.
1.1. "Service" in the agreement refers to CMIOT provide you with Message Queue MQ service and related technical and network support services displayed on the Open.iot.10086.cn website.
1.2. The services provided by CMIOT must comply with the service agreement.
2.1. Payment Method：Message Queue MQ service adopts post-paid.
2.2. The service charge will be listed on the page, you can create and use service resource, and recharge by yourself.
2.3. CMIOT reserves the right not to provide you with services and/or technical support, or to terminate services and/or technical support, until you have paid the full cost as agreed.
3.1. Your rights and obligations
3.1.1. You agree to observe the service agreement, and the relevant management specifications and procedures of the service display page. You understand that the above agreements and specifications may change from time to time. In case of any change of the service agreement, CMIOT should prompt you to modify the content by announcing the appropriate layout at open.iot.10086.cn 30 days in advance. If you do not agree to the modification, you have the right to stop using CMIOT services. In such cases, CMIOT should settle the service charge with you (if have). If you continue to use CMIOT services, you will be deemed to accept the modifications made by CMIOT to the relevant terms and conditions of the agreement.
3.1.2. You should pay the corresponding service charge according to the page prompt of CMIOT and the agreement.
3.1.3. You promise that in the process of using Message Queue MQ service:
22.214.171.124. You should not commit any acts of sabotage or attempt to sabotage network security. (including but not limited to phishing, hackers, network fraud, website or spaces contain or suspected of spreading: viruses, Trojans, malicious code, and suspected attacks on other sites and servers through virtual servers such as scanning, sniffing, ARP spoofing). DDOS, etc;
126.96.36.199. You should not make any changes or attempt to change the system configuration provided by CMIOT or destroy the system security and network security；
188.8.131.52. You should not modify, translate, adapt, rent, transfer permission, disseminate or transfer software or services provided by CMIOT on information network, nor reverse engineering, decompiling or attempting to hunt the source code of software provided by CMIOT in other ways;
184.108.40.206. You shall not copy, disseminate, transfer, license or provide Message Queue MQ service provided by CMIOT without prior written consent of CMIOT;
220.127.116.11. Not disseminate e-mail advertisements, spam (SPAM): Not using CMIOT service to disseminate a large number of unwelcome or unsolicited e-mails, e-advertisements or e-mails containing harmful information such as reactionary and pornographic information
18.104.22.168. Not using the resources and services provided by CMIOT to upload, download , store and publish the following information or content, and not providing any convenience for others to publish such information (including but not limited to setting up URLs, BANNER links, etc.):
22.214.171.124.1. Political propaganda and/or news information in violation of state regulations;
126.96.36.199.2. Information concerning state secrets and/or security;
188.8.131.52.3. Feudal superstition and/or obscene, pornographic, obscene or abetting information;
184.108.40.206.4. Illegal Internet publishing activities such as Betting Award, gambling games, "private service" and "plug-in" etc.
220.127.116.11.5.Information that violates the national and religious policies of State
18.104.22.168.6. Information that hinders the Internet operation security;
22.214.171.124.7. Information or content that infringes upon the legitimate rights and interests of others and/or other information or content that is detrimental to social order, public order and public morality;
126.96.36.199.8. Other contents violates laws and regulations, departmental rules and regulations or national policies.
188.8.131.52. Should not bulk occupy, also not lead to programs or process to bulk occupy the servery memory, CPU or network bandwidth in the platform (hereinafter referred to as "cloud platform") composed of CMIOT computing resources (such as access machine, API, storage space, etc.), and bring serious and unreasonable loads to network, server (including, but not limited to, local, other places and international networks, servers, etc.), product/applications of CMIOT or other users, which affect normal and smooth links between CMIOT and the Internet or between CMIOT and specific networks, or lead to CMIOT product and servers, other users' servers downtime, crash or users' product/app which based on CMIOT is not access, etc.;
184.108.40.206. You should not use Message Queue MQ service in any way or purpose that will violate national, local laws and regulations, industry practices and social public morality, and affect, damage or may affect or damage CMIOT interests ;
220.127.116.11. Not engage in other action which is illegal, irregular or violating CMIOT service agreement.
18.104.22.168. If CMIOT finds that you violate above terms, it has the right to take appropriate measures, including, but not limited to, immediate termination of services, aborting services or deleting relevant information,etc.. If third party institutions or individuals raise questions or complaints against you, CMIOT will inform you, you are responsible for explaining and issuing supporting materials within the prescribed time limit. If you fail to provide evidence to the contrary or if you fail to provide feedback after the deadline, CMIOT will take measures including, but not limited to, immediate termination of service, aborting services or deleting relevant information,etc. Failure to contact you due to your failure to update your contact information or incorrect contact information is also deemed to be your failure to respond within the time limit.
3.2. CMIOT rights and obligations
3.2.1.CMIOT shall provide service according to the service agreement.
3.2.2. During the service period, CMIOT will provide you with the following customer services:
22.214.171.124. CMIOT provides 7 x 24 after-sales services for premium users, and provides effective contact methods for premium users to ensure that premium users can contact the contacts. Contacts give timely feedback after they have identified the fault;
3.2.3. CMIOT will eliminate any faults that may arise from your non-human operation, except for your reasons and/or force majeure, as well as those that are not within the control of CMIOT.
3.2.4. CMIOT should strictly observe the confidentiality obligations.
4.1. Restricted data refers to all technical and non-technical information disclosed by one party to another (including but not limited to product information, product plan, price, financial and marketing planning, business strategy, customer information, customer data, R&D information, software and hardware, API application data interface, technical note, design, special formula, special algorithm, etc.).
4.2. Either party hereto agrees to keep confidential the above-mentioned restricted data of the other party, and strictly restricts employees who have access to the above-mentioned confidential information to observe the confidentiality obligations. Unless the state agency demand according to law or above restricted data has entered public domain, the party receiving the restricted data shall not disclose it to the public.
4.3. Both parties hereto explicitly agree that restricted data is key secret information of both parties and their respective important assets. Both parties hereto agree to do their utmost to protect such restricted data from disclosure. Once the leakage of above restricted data is discovered, both shall cooperate to take all reasonable measures to avoid or mitigate the damage consequences.
4.4. This clause shall not lose efficacy due to the termination of the service agreement.
5.1. You can use CMIOT Message Queue MQ service from the opening date.
5.2．Service agreement will be terminated, if the following happened:
5.2.1. Terminated in advance by both parties consensus;
5.2.2. You seriously violate the service agreement (including, but not limited to, A. you failed to fulfil your payment obligations as agreed, and/or B. you serious violate legal provisions, etc.), CMIOT has the right to suspend or terminate the service, and terminate the service agreement in advance. If you still have to pay the unpaid service charge, you should still pay the owed.
5.2.3. You understand and fully recognize that, although CMIOT has been established (and will continue to improve according to the development of technology) necessary technical measures to protect against matters or acts endangering network security (hereinafter referred to as such acts) such as computer viruses, network intrusions and attacks (including, but not limited to, DDOS). but in view of limitations, relativity of network security technology and unpredictability of such acts. so that if your website encounters such acts, it will endanger CMIOT or other CMIOT networks or servers (including, but not limited to, local, other places and international networks, servers, etc.), or affect the unobstructed connection of CMIOT and the Internet or CMIOT and specific networks, servers and CMIOT internal, CMIOT may decide to suspend or terminate services. If the service is terminated, the service charge will be calculated according to the actual service provided, and you should still pay the charge you have not paid (if any).
5.2.4. CMIOT can terminate the service agreement by announcing on open.iot.10086.cn, sending you in-station notice or written notice 30 days in advance. Then, CMIOT should refund the amount you have paid but not consumed to your OneNET account.
6.1. Any party who breaches the service agreement shall be liable for breach of contract in accordance with the law.
6.2. You understand that, in view of the particularity of computers and the Internet, the following circumstances are not belong to CMIOT default:
6.2.1. In the process of service upgrade and maintenance, CMIOT needs to interrupt service for a short time;
6.2.2. Your network access speed is slowed down due to blockages on the Internet.
6.3.If you can't use the service normally for 72 consecutive hours due to CMIOT reasons, you CAN terminate the service, except for the reasons not under the control of CMIOT.
6.4.In any case, CMIOT will not be liable for any indirect, consequential, disciplinary, contingent, and particularity damage, including loss of profits caused by the use of CMIOT Message Queue MQ service (even if you have been informed of the possibility of such loss).
7.1. If force majeure or other unexpected events make the performance of the service agreement impossible, unnecessary or meaningless, the party suffering from force majeure or unexpected events is irresponsibility.
7.2. Force majeure and accidents refer to objective events that cannot be foreseen, overcome, avoided and have a significant impact on one or both parties, including, but not limited to, natural disasters such as floods, earthquakes, epidemics, and social events such as war, unrest, government actions, interruption of telecommunications trunk lines, hackers, network congestion, technical adjustment of telecommunications sector and government regulation, etc.
8.1. The service agreement are governed by the laws of the People's Republic of China.
8.2. In case of disputes arising in the course of implementation of the service agreement, both parties shall promptly negotiate and settle in time.
CMIOT service instructions, price descriptions on relevant page of open.iot.10086.cn, and order pages you confirm and agree are integral part of the service agreement. Service agreement shall prevail if the service description, price description the relevant page of open.iot.10086.cn are discrepancies with the order page you confirm to agree and the service agreement.
9.2.CMIOT has the right to transfer all or part of the rights and obligations of the service agreement to CMIOT affiliates by publishing on open.iot.10086.cn, sending in-station notification or written notices 30 days in advance.
9.3. If any clauses should continue to exist at the termination of this agreement in nature or in other respects, it shall be deemed to continue to exist. These provisions include but not limited to the guarantee clause, confidentiality, intellectual property clause, application of law and dispute settlement clause.