3.8 "User consent" can be expressed by: (1) Acceptance of this Agreement and the Terms of Service released by Baidu; (2) Downloading, installing or using this Software; (3) User's oral or written consent via email, phone call, fax, instant messaging, etc. (4) User does not object to the "implied consent" included in the Agreement or Service Announcement; or (5) Any other means as recognized by Baidu and user.