The Tencent Cloud Cloud Workload Protection Platform Terms of Service (the "Terms of Service") is an agreement entered into between Tencent Cloud and you regarding your use of the Cloud Workload Protection Platform Service of Tencent Cloud (the "Service" or the "Cloud Workload Protection Platform Service"). It also constitutes a supplementary agreement to the Tencent Cloud Terms of Service you have agreed to be bound by. Before using the Services, please read and fully understand these Terms of Service. Certain provisions that may affect your legal rights and interests—including, but not limited to, limitations of liability, disclaimers, remedies for breach of contract, and dispute resolution—may be highlighted in bold, underlined, or otherwise emphasized to draw your attention.
To use the Services, you shall comply with the present Terms of Service, Tencent Cloud Terms of Service, and other Service Rules. "Service Rules" means, in addition to these Terms of Service, any rules, instructions, standards, service level, technical specifications, operation documents, billing standards, or other documentation relating to the Service. The Service Rules are set out on the Tencent Cloud International Portal and/or other relevant pages. You should review and fully understand the applicable Service Rules before using the Services and comply with them to ensure the proper and uninterrupted use of the Services. Please do not use the Services unless you have thoroughly read, fully understood, and accepted all the terms of these Terms of Service. By confirming through the webpage, or accepting these Terms of Service in any other explicit or implicit manner, or using the Services in any way, you are deemed to have read and agreed to be bound by these Terms of Service. These Terms of Service shall have legal effect between you and Tencent Cloud and shall become a legally binding document for both parties.
1. Service Content
1.1 The Service refers to the Cloud Workload Protection Platform Service provided by Tencent Cloud, including cloud workload protection, value-added services and other functions and related technical support services. For details of the service content, please refer to Tencent Cloud International Portal. The specific service content that you can use is subject to the Service you purchase and use and the service contents provided by Tencent Cloud. 1.2 The Service may provide you with one or more service options for your selection, including (different device models, service configurations, function sets, or other service offerings.). You may, at your sole discretion, select and purchase or use the service options that best meet your needs. Tencent Cloud will provide you with services in accordance with these Terms of Service, Service Rules and the service options you selected.
1.3 Tencent Cloud may, at its sole discretion, provide certain services or portions of the Services free of charge (collectively, the "Complimentary Services") to eligible customers for purposes including, without limitation, customer feedback, marketing campaigns, or other business initiatives. You understand, acknowledge and agree that Complimentary Services are promotional benefits or incentives provided by Tencent Cloud to customers and are not part of the Services purchased by you for a fee. The scope, features, service standards, service levels, and other aspects of the Complimentary Services may differ from those of the corresponding paid Service. The specific content, scope, and applicable terms of the Complimentary Services shall be made available by Tencent Cloud from time to time. Before using any Complimentary Services, you should review and ensure that you understand and agree to the applicable terms, including these Terms of Service and the relevant Service Rules. If you do not agree to such terms, you must not access or use the Complimentary Services.
2. Service Fee
2.1 For details on the settlement method and billing standards of the Services please refer to the Service Rules introduction page. You can choose prepaid or postpaid Services based on your actual needs.
(1) Prepaid: You need to pay the applicable service fees in advance according to the Service Rules before you can use the Service. If you wish to continue using the Service after the applicable service term expires, you must renew or purchase a new Service, through the billing center in accordance with the applicable Service Rules.
(2) Postpaid: You need to submit an activation application and after it is approved, you can use the Service in accordance with the Service Rules. Tencent Cloud will bill you based on your actual usage and deduct the applicable service fees from your account balance. You must ensure that your account maintains a sufficient balance to pay all applicable service fees.
3. Rule of Use
3.1 The Cloud Workload Protection Platform Service is a security protection service for servers. The Service structure consists of three components: Console, Agent and Server. The Service can be provided to a server only if the Cloud Workload Protection Platform Agent is properly installed and operating on that server. Therefore, regardless of whether the server is hosted on Tencent Cloud or by a third party, you must install and configure the Agent according to the relevant documents, guidelines and instructions to use the Service. If the Agent is not installed, is improperly installed, or is not functioning properly on a server, Tencent Cloud will be unable to provide the Service for that server. Notwithstanding the foregoing, you remain responsible for all applicable service fees, and the relevant Service will continue to be billed in accordance with the applicable billing rules.
3.2 Effective May 24, 2022, the Cloud Workload Protection Platform Service supports the Agent offline and uninstall alert function for the Basic Edition, Lightweight Edition, Pro Edition, and Ultimate Edition of Linux and Windows hosts. You may configure the alert switch, alert threshold, and applicable host scope. If the Agent is detected to be offline for a certain period of time or is uninstalled by script, the Service will generate an alert to notify you so that you can restore the Agent's online status or reinstall the Agent in a timely manner.
3.3 You should be fully aware of the importance and role of the Cloud Workload Protection Platform Agent. The Agent is used to monitor security risks, collect and report data. In daily security operations, in addition to paying close attention to and responding to offline and uninstallation alerts in a timely manner, you are responsible for proactively and regularly checking the status and operation of the Agent and related systems. If the Cloud Workload Protection Platform Agent is found to be offline abnormally, uninstalled without authorisation, malfunctioning, or otherwise affecting the normal business operations, you should promptly take appropriate corrective measures.
3.4 To facilitate your unified management of Tencent Cloud's server security, Tencent Cloud will automatically synchronize the instance directory (if any) of your Tencent Cloud servers (including Cloud Virtual Machine (CVM), Lighthouse, Edge Computing Machine (ECM), Cloud Bare Metal (CBM), etc.) to the host list of the Cloud Workload Protection Platform Service. At the same time, based on Tencent Cloud platform security capabilities, Tencent Cloud will perform high-risk port exposure detection on Tencent Cloud servers with the Cloud Workload Protection Platform Agent installed, to identify potential security risks in a timely manner and provide you with alerts and remediation recommendations. You understand and agree to authorize Tencent Cloud to collect and process relevant server instance information and perform the foregoing security detection activities.
3.5 You understand and agree that, in order to provide the Cloud Workload Protection Platform Service, the Cloud Workload Protection Platform Agent will perform real-time monitoring and scanning of files, IP addresses, and other security-related data on your devices for security risk analysis, in order to promptly identify potential risks on the server and generate alert logs. For detected suspicious files, Tencent Cloud will compare and analyze file feature information such as MD5 values. If the Cloud Workload Protection Platform Agent detects security threat information on your server suspected to be related to virus, Trojan or other malicious programs (including suspicious executable files, IP addresses, and malicious domain names for outgoing requests) and the virus database does not contain corresponding sample characteristics, Tencent Cloud will upload the relevant security threat information to Tencent Security Center for analysis, so as to improve the timeliness and accuracy of security threat identification on your devices. Furthermore, if after security feature analysis such information is determined to be malicious programs, Tencent Cloud will use the security threat information and its security risk characteristics to update the security services of Tencent Cloud and its affiliates, to enhance protection against emerging malicious programs, including viruses and other security threats.
3.6 To protect the security of your cloud assets, you agree that Tencent Cloud and its authorized partners may use various communication channels, methods, including but not limited to internal messages, SMS, phone calls, and security reports to issue alerts and notifications regarding detected risk, incidents, or vulnerabilities associated with your account, and provide you with relevant security recommendations.
3.7 You shall implement appropriate security measures for your cloud servers and cloud accounts to prevent unauthorized access, use, security risks, and cybersecurity incidents. You must not use cloud servers for any illegal activities, such as cryptocurrency mining, external attacks, or other malicious activities. You are solely responsible for the security of your data, data backup and confidentiality of your account credentials relating to the server. Any losses, damages or consequences arising from your failure to properly maintain your servers, protect your data, or safeguard your account credentials shall be borne solely by you.
3.8 You understand and agree that the scope of Cloud Workload Protection Platform Service mainly includes the following functions (the specific features and capabilities available to you shall depend on the product version you purchase and use): asset management, vulnerability management, security baseline, intrusion detection and other functions. The Service may provide relevant detection capabilities for malicious files and threats, such as mining Trojans and ransomware. However, the Cloud Workload Protection Platform Service does not guarantee the detection or prevention of all security risks, nor does it provide services outside the functional scope of the Cloud Workload Protection Platform Service, including but not limited to ransomware-encrypted file decryption and data recovery after a server security incident.
You should purchase or configure appropriate security protection products, software and systems and take necessary and timely security measures based on the characteristics and requirements of your server, applications, and business operations. You will be solely responsible for any server compromise, ransomware incidents, or other losses arising from causes not attributable to the Cloud Workload Protection Platform Service, including but not limited to your failure to regularly back up data, remediate vulnerabilities, maintain security baselines, or timely respond to relevant security alerts.
3.9 "Automatic Purchase" of Cloud Workload Protection Platform means the automatic upgrade of Cloud Workload Protection Platform Basic Edition to the Pro Edition or Ultimate Edition. Since the Basic Edition has more limited host protection capabilities, enabling this feature allows the protection version of the Basic Edition to be automatically upgraded to obtain enhanced security protection capabilities.
The Automatic Purchase switch for Cloud Workload Protection Platform is disabled by default. If you enable the Automatic Purchase switch and select the desired protection version and payment mode, when a new server with Cloud Workload Protection Platform Basic Edition installed is detected, Tencent Cloud will automatically place an order for the applicable service and bind the server to such service, according to your configured settings. The applicable service fees incurred as a result will be automatically deducted from your account in accordance with the applicable billing rules.
4. Service Level
4.2 Tencent Cloud provides you with service availability commitment in accordance with the applicable Service Rules. If your availability requirements exceed the service availability standards specified in the applicable Service Rules, you shall implement appropriate measures, such as designing and deploying a high-availability architecture for your own systems, based on your business requirements. Tencent Cloud may provide reasonable assistance if needed. If Tencent Cloud is required to provide additional services, participate in system design, or provide other technical support, the parties shall enter into a separate agreement or otherwise separately agree on the relevant terms.
5. Intellectual Property
5.1 The intellectual property rights and other rights of the Services and any information, technology, software, etc. provided to you by Tencent Cloud belong to Tencent Cloud (except for any rights owned by third parties under applicable laws). You only have the right to use such Service and materials in accordance with these Terms of Service and shall not infringe upon the legitimate rights and interests of Tencent Cloud in any way.
5.2 You shall ensure that the content you submit to Tencent Cloud, your use of Tencent Cloud Services, and any content processed or generated through your use of Tencent Cloud Services do not infringe upon the legitimate rights and interests of any third party.
6. Limitation and Exclusion of Liability
6.1 You understand and agree that the Cloud Workload Protection Platform Service is provided based on the current state of available technologies and business practices. The Cloud Workload Protection Platform Service has established (and will continue to improve with technological development) the necessary security technology to protect your server, but does not guarantee that the Service will be completely free of errors, vulnerability, or defects. Therefore, you understand and agree that even if the Cloud Workload Protection Platform Service has certain flaws or defects, such flaws or defects may result from reasonable technical limitations existing in the industry at the relevant time, and shall not constitute a breach of contract by Tencent Cloud. To the extent permitted by law, Tencent Cloud shall not be liable for such technical limitations. However, the Cloud Workload Protection Platform Service promises to continue improving its technology and service levels and cooperate with you to solve issues.
6.2 You understand and agree that the information on security incidents and other information provided by the Cloud Workload Protection Platform Service is for your reference only. You are responsible for determining whether the relevant information is consistent with your actual business requirements. The Cloud Workload Protection Platform Service does not guarantee the reliability, validity, accuracy, or applicability of the relevant information. You shall bear all risks and consequences of any operations you perform through the Cloud Workload Protection Platform Service and any security decisions you make by using or referring to the information provided by the Service.
6.3 Tencent Cloud will use reasonable efforts to test and maintain the stability of the Cloud Workload Protection Platform Agent. However, you understand and agree that Cloud Workload Protection Platform Service is not responsible for security incidents such as hacking, extortion or data leakage caused by your failure to regularly monitor and maintain the operation of security software, the Agent and related systems.
6.4 Due to differences in operating system versions, hardware configurations, and system environments, the Cloud Workload Protection Platform Agent cannot guarantee compatibility with every operating system. There may be rare circumstances in which abnormal situations occur, such as increased server resource utilization or service downtime. You understand and agree that the Cloud Workload Protection Platform Service is not responsible for any such issues arising from compatibility limitations or differences in system environments.
6.5 You understand and agree that, given the nature of the Internet and cloud services, the Cloud Workload Protection Platform Service is not liable for any losses, damages, or consequences arising from the following circumstances:
6.5.1 Agent not installed correctly: You fail to follow the installation instructions to correctly install the Agent or fail to verify whether the installation was successful, resulting in the Agent being offline;
6.5.2 Network restrictions or connection interruptions: Your network security policies restrict the Agent network communications or interrupt the network connection, causing the Agent to go offline;
6.5.3 Agent automatic upgrade problem: The Cloud Workload Protection Platform Agent has an automatic upgrade mechanism to obtain the latest security rules. During the upgrade process, errors, interruptions, or upgrade failures may occur, causing the Agent to go offline (if you wish to defer an upgrade, please contact us for further assistance); 6.5.4 Agent restart failure: When repairing some vulnerabilities, Cloud Workload Protection Platform will recommend that you restart the Agent to ensure the effectiveness of the vulnerability repair and the security of the system. However, the restart process may fail, causing the Agent to go offline;
6.5.5 Ignoring offline and uninstallation alerts: You fail to correctly configure offline and uninstallation alerts, or fail to review such alerts, or fail to respond to alerts in a timely manner, resulting in the Agent being offline or uninstalled without appropriate corrective actions being taken for an extended period;
6.5.6 Compromised server handling: If your cloud server or cloud account is compromised due to improper security measures, you should immediately take necessary security remediation measures and cooperate with the platform to complete evidence collection and security remediation. In order to prevent the compromised server from further causing security impacts and losses to Tencent Cloud and other users, Tencent Cloud reserves the right to take necessary emergency measures, including but not limited to forced removal of Trojan files, processes, and identity authentication for the compromised server. During this process, the Service may become unavailable or your business operations may be affected.
6.6 To the extent permitted by applicable law, neither party shall be liable to the other party for any indirect, incidental, special, consequential, or punitive damages and losses (such as loss of profits, loss of opportunity, fees paid to third parties, loss or damage to reputation/goodwill, etc.), whether based on contract, warranty, tort or any other legal theory of liability, regardless of whether either party has been advised of or should have anticipated the possibility of such losses or damages.
6.7 Regardless of whether there are other agreements, the aggregate amount of liability of Tencent Cloud towards you based on these Terms of Service and the Service (whether based on contract, tort or any other legal theory of liability) shall not exceed the total amount of fees you have paid to Tencent Cloud for the Service; if the service period of your use of the Service exceeds 12 months, the maximum amount of liability of Tencent Cloud shall not exceed the total amount of fees you have paid to Tencent Cloud for the Service in the 12 months preceding the event giving rise to the claim. For the avoidance of doubt, "service fees" refers only to the actual amounts you have paid in cash for your actual use of the Service, and excludes any unused prepaid amounts, vouchers, coupons, discounts, credits, or other promotional benefits. If this clause conflicts or is inconsistent with other agreements between the parties or Tencent Cloud Service Rules, this clause shall prevail to the extent of such conflict or inconsistency.
7. Applicable Law and Dispute Resolution
7.1 All matters related to applicable law, jurisdiction, and dispute resolution of these Terms of Service shall be governed by and interpreted in accordance with Clause 3 (Contracting Entity; Governing Law) of the Tencent Cloud Terms of Service, which forms an integral part of these Terms of Service by reference. 8. Miscellaneous
8.1 Tencent Cloud may amend or update these Terms of Service from time to time as reasonably necessary, including to reflect changes to the Service, applicable laws, or business operations. You may access and review the latest version of these Terms of Service on the official website of the Tencent Cloud International Portal.
8.3 The Service Rules are an important part of these Terms of Service and have the same legal effect as these Terms of Service. You shall comply with the applicable Service Rules.
8.4 Any matters not expressly provided for in these Terms of Service shall be governed by the Tencent Cloud Terms of Service. If these Terms of Service conflict with or are inconsistent with the Tencent Cloud Terms of Service, these Terms of Service shall prevail but only to the extent of such conflict or inconsistency. (End of Document)