OneNET MQ Service Protocol
This Service Protocol is a valid contract between you and China Mobile IoT Co., Ltd. (hereinafter referred to as “China Mobile IoT”) on matters related to message queuing services. You may choose to accept this Service Protocol by stamp, clicking Confirm online or by other means, including but not limited to actually using the message queuing service of China Mobile IoT instead of clicking on “Confirm this Service Protocol”, which means that you have reached an agreement with China Mobile IoT and agreed to all the terms set forth herein. In case of any discrepancy between the text sealed by both parties and the text of the Service Protocol accepted by clicking Confirm online or by other means, the former shall prevail. With regard to this Service Protocol, you should pay special attention to the restrictions and exemptions, the determination and treatment of your violations or defaults by China Mobile IoT, and the selection of competent court, etc. You are reminded of restrictions and exemptions in bold or underlined.Please read all these provisions carefully before accepting this Service Protocol. If you have any questions concerning these terms and conditions, please ask the relevant business departments of China Mobile IoT, and China Mobile IoT will explain them to you. If you disagree with any content hereof or cannot accurately understand the interpretation of the agreement by China Mobile IoT, please do not proceed.
1. Service Content
1.1. The term "Services" in this Agreement refers to the message queuing service and related technical and network support services provided by China Mobile IoT, as shown on open.iot.10086.cn.
1.2. Services provided by China Mobile IoT must comply with this Service Protocol.
2. Service Charge
2.1. Payment Method: Postpaid applies to the message queuing service.
2.2. Service charges will be publicly listed on the page, and you can create and use service resources at your discretion and top up.
2.3. China Mobile IoT reserves the right not to provide you with such services and/or technical support, or to terminate the services and/or technical support before you pay all expenses as agreed.
3. Rights and Obligations
3.1. Your rights and obligations
3.1.1. You hereby agree to abide by this Service Protocol and the relevant management practices and procedures on the service display page. You understand that the above agreements and practices are subject to change without notice from time to time. In case of any changes in this Service Protocol, China Mobile IoT shall prompt you to modify the contents by making an announcement on an appropriate page of the website (open.iot.10086.cn) 30 days in advance. If you don't agree on the modification made by China Mobile IoT to the relevant terms hereof, you have the right to stop using the services of China Mobile IoT. Under such circumstances, China Mobile IoT shall settle service charges with you (if any). If you keep using the services of China Mobile IoT, you will be deemed to have accepted such modifications.
3.1.2. You should pay the relevant service charges following tips from the website of China Mobile IoT and as stipulated herein.
3.1.3. You promise that when using the message queuing service:
3.1.3.1. You should not engage in any activity that destroys or attempts to destroy cyber security (including but not limited to phishing, hacking, cyber fraud, viruses, Trojans and malicious codes that websites or spaces contain or are suspected of distributing, and suspected attacks on other websites and servers through virtual servers, such as scanning, sniffing, ARP spoofing, DDOS, etc.).
3.1.3.2. You should not engage in any activity that changes or attempts to change the system configuration provided by China Mobile IoT or destroys the system security and network security.
3.1.3.3. You should not modify, translate, adapt, rent, sublicense, spread through information networks or transfer the software or services provided by China Mobile IoT, nor reverse engineer, decompile or try to find out the source code of the software provided by China Mobile IoT in other ways.
3.1.3.4. Without the prior written consent of China Mobile IoT, you should not reproduce, disseminate, transfer, authorize others to use or provide others with the message queuing service provided by China Mobile IoT.
3.1.3.5. You should not distribute e-mail ads or SPAM, that is, you should not intersperse a large number of unwanted or unsolicited e-mails, e-advertisements or e-mails containing harmful information like something reactionary and pornography, by using services provided by China Mobile IoT.
3.1.3.6. You should not upload, download (download), store and publish the following information or content by using the resources and services provided by China Mobile IoT, nor provide convenience for others to publish such information (including but not limited to setting URL, BANNER link, etc.):
3.1.3.6.1. Political propaganda and/or news in violation of State regulations;
3.1.3.6.2. Information involving State secrets and/or security;
3.1.3.6.3. Feudal superstition and/or obscene, pornographic and indecent information or incitement;
3.1.3.6.4. Illegal Internet publishing activities such as lottery betting, gaming, "non-official server" and "plug-in";
3.1.3.6.5. Information which violates national ethnic and religious policies;
3.1.3.6.6. Information which impedes the safe operation of the Internet;
3.1.3.6.7. Information which infringes upon the legitimate rights and interests of others and/or other information or contents which are harmful to social order, public security and public morals;
3.1.3.6.8. Other contents which violate laws, regulations, departmental rules or national policies.
3.1.3.7. You should not use excessive computing resources of China Mobile IoT or cause programs or processes to occupy a lot of server memory, CPU or network bandwidth resources in the platform (hereinafter referred to as "cloud platform") composed of computing resources of China Mobile IoT (e.g. access machine, API and storage space), and exert a heavy and unreasonable load on networks, servers (including but not limited to local, foreign and international networks and servers), products/applications, etc. of China Mobile IoT or other users, which affects normal and smooth contact between China Mobile IoT and the Internet, or between China Mobile IoT and specific networks or servers and within China Mobile IoT, or causes the products and services of China Mobile IoT or other users’ servers to go down or crash, or users' products/applications based on China Mobile IoT to become inaccessible.
3.1.3.8. You should not use the message queuing service in any way or for any purpose that will violate national and local laws and regulations, industry practices and social public morals and affect, damage or possibly affect or damage the interests of China Mobile IoT.
3.1.3.9. You should not engage acts are in violations of laws and regulations or any breach of the China Mobile IoT Service Protocol.
3.1.3.10. If China Mobile IoT finds that you violate any of the above provisions, it has the right to take appropriate measures according to the situation, including but not limited to immediate termination of service, suspension of service or deletion of relevant information, etc. If any third-party organization or individual questions or complains about you, China Mobile IoT will inform you that you have the responsibility to make a statement and provide evidentiary materials within the specified time. If you fail to provide evidence to the contrary or you fail to give feedback within the time limit, China Mobile IoT will take measures including but not limited to immediate termination of service, suspension of service or deletion of relevant information. If China Mobile IoT cannot contact you because of your failure to update your contact information in a timely manner or incorrect contact information, you will also be deemed as having failed to give feedback within the time limit.
3.2. Rights and obligations of China Mobile IoT
3.2.1. China Mobile IoT shall provide services according to the Service Protocol.
3.2.2. During the term of services, China Mobile IoT will provide you with the following customer services:
3.2.2.1. China Mobile IoT shall provide paying users with 7×24 after-sales maintenance service and valid contact information and ensure that paying users can contact their troubleshooter. The troubleshooter shall give feedback once the fault is identified.
3.2.3. China Mobile IoT will eliminate the faults caused by your non-artificial operation, except for your personal reasons and/or force majeure and matters that are beyond the control of China Mobile IoT.
3.2.4. China Mobile IoT shall strictly observe secrecy.
4. Confidentiality
4.1. Confidential information refers to all technical and non-technical information disclosed by one party to the other party (including but not limited to product data, product plan, price, financial and marketing planning, business strategy, customer information, customer data, R&D materials, software and hardware, API application data interface, technical specification, design, special formula, special algorithm, etc.).
4.2. Either party hereto agrees to keep confidential the above confidential information of the other party, and strictly restrict employees who have access to the above confidential information and require them to comply with the confidentiality obligations as set forth herein. Unless required by state organs according to law or the above confidential information has fallen into the public domain, the party receiving the confidential information shall not disclose it to outsiders.
4.3. The Parties hereto expressly recognize that confidential information belongs to their key information and important asset, and agree to do everything they can to protect the above confidential information from being disclosure. In case of any disclosure, both parties shall work together and take all reasonable measures to avoid or mitigate damages.
4.4. This Agreement shall not become void due to the termination of the Service Protocol.
5. Term and Termination
5.1. You can use China Mobile IoT MQ service since it is enabled.
5.2. The Service Protocol will be terminated under the following circumstances:
5.2.1. It will be terminated in advance upon mutual agreement of both parties.
5.2.2. If you seriously break this Service Protocol (including but not limited to a. failure to fulfill your payment obligations as agreed, and/or b. serious violation of laws and regulations, etc.), China Mobile IoT has the right to suspend or terminate the service and terminate this Service Protocol in advance. If you still have to pay unpaid charges, the outstanding charges should be paid in full.
5.2.3. You understand and fully recognize that China Mobile IoT has established (and will constantly improve according to the technological progress) necessary technical measures to defend against matters or behaviors that endanger network security (hereinafter collectively referred to as these behaviors) including computer virus, network intrusion and attack or destruction (including but not limited to DDOS), but in view of the limitations and relativity of network security technologies and the unpredictability of these behaviors, China Mobile IoT may decide to suspend or terminate the service if your website encounters these behaviors and thus harms China Mobile IoT or its other networks or servers (including but not limited to local, foreign and international networks and servers), or affects smooth contact between China Mobile IoT and the Internet or between China Mobile IoT and specific networks or servers, and within China Mobile IoT. If the service is terminated, the charges will be calculated according to the actual provision of services, and you should still pay unpaid charges (if any).
5.2.4. China Mobile IoT may terminate this Service Protocol by making an announcement on open.iot.10086.cn or by giving you an internal notice or written notice 30 days in advance. Then China Mobile IoT should refund the amount you have paid but not spent to your OneNET account.
6. Liability for Breach of Contract
6.1. Either party hereto shall be held liable for breach of contract according to law.
6.2. You understand that, because of the particularity of computers and the Internet, the following situations shall not constitute a breach of contract of China Mobile IoT:
6.2.1. When upgrading or maintaining services, China Mobile IoT has to interrupt services for a short time.
6.2.2. Your website is slowed down due to blocked access to the Internet.
6.3. If you cannot use the service normally for 72 consecutive hours due to China Mobile IoT, you may terminate the service, except for reasons beyond the control of China Mobile IoT. 6.4. In no event shall China Mobile IoT be liable for any indirect, consequential, punitive, accidental or special damages, including your loss of profits as a result of use of the message queuing service of China Mobile IoT (even if you have been informed of the possibility of such damages).
7. Force Majeure
7.1. If, due to force majeure or other unforeseen events, it is impossible, unnecessary or frivolous to perform this Service Protocol, then the party suffering the force majeure or other unforeseen event shall bear no liabilities.
7.2. Force majeure or unforeseen events refer to objective events that are unforeseeable, insurmountable and unavoidable and have a material 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 action, interruption of telecommunications trunk lines, hacking, network congestion, technical adjustment of telecommunications departments and government regulation, etc.
8.Governing Law and Dispute Settlement
8.1. This Service Protocol shall be governed by the laws of the People's Republic of China.
8.2.Any dispute arising from the execution of this Service protocol shall be settled promptly by negotiation between both parties. If the negotiation fails, both parties shall submit it to Chongqing Arbitration Commission for arbitration.
9. Supplementary Provisions
9.1. The service description, price description and order page you acknowledged on the relevant pages of China Mobile IoT on open.iot.10086.cn shall form an integral part of this Service Protocol. In case of any inconsistency with this Service Protocol, the Service Protocol shall prevail.
9.2. China Mobile IoT has the right to transfer all or part of its rights and obligations hereunder to its affiliates by making an announcement on open.iot.10086.cn or by giving you an internal notice or written notice 30 days in advance.
9.3. Those provisions that by their nature or otherwise survive termination of this Agreement shall so survive, including but not limited to , confidentiality, intellectual property rights, governing law and dispute settlement.