Terms of Use

Summary

CDNetworks Online Services (hereinafter referred to as “Online Services” or “Services”) are products and services provided by CDNetworks entity (hereinafter referred to as “CDNetworks”, “Company” or “us”) that enters into a MSA (or SOF) with you. Please refer to the Product and Service Introduction available at CDNetworks Console Service Platform Website – https://dash.cdnetworks.com/ (hereinafter collectively referred to as “the Website” or “Platform Website”) for more details.

Before you subscribe to and/or begin using CDNetworks Online Services, CDNetworks believes that you have fully read, understood and accept the following terms & conditions as well as all the exhibits and annexes (hereinafter collectively referred to as “this Agreement”). If you do not agree to or wish to be bound by the Agreement, you may not access to or otherwise use CDNetworks Online Services.

1. GENERAL TERMS

  • 1.1 Your use of CDNetworks Online Services at the Website is governed by the following terms and conditions. Your competition of the registration process and activation of CDNetworks Online Services indicate that you agree to comply with all the terms and conditions hereunder.

  • 1.2 You agree that CDNetworks may at its sole discretion modify, amend or update this Agreement from time to time and adjust the relevant services, functions, rules, and product introductions accordingly (including without limitation, the specifications, characteristics, API interfaces) and such modifications, amendments or adjustments will be pushed by e-mail or be posted on the Website. You are also advised to regularly check for any amendments or updates at the Website. Your continuous use of the Services will signify your acceptance of the changed terms. You can choose to stop using CDNetworks Online Services if you do not agree with or wish to be bound by the changes.

  • 1.3 You as business entity/organization that legally operates in your jurisdiction, has the right to use the Online Services provided by CDNetworks. Our Online Services are available only to those business entities who can form legally binding contracts under the laws applicable. If you are signing for and on behalf of a business entity, you represent and warrant that you are duly authorized by the business entity to accept these terms and conditions and you have the authority to bind that business entity to these terms and conditions. If you do not meet the above requirements, you should immediately stop using CDNetworks Online Services.

  • 1.4 You hereby confirm that your subscription of the Services hereunder will at all times in compliance with all the applicable laws and regulations, meet the requirements of public morality; will not be in conflict with the laws and regulations of your country or region, nor will damage the legitimate rights and interests of any third party. You commit to indemnify and hold the Company as well as its directors, shareholders and employees harmless from and against any claims, liabilities, losses or damages arising out of or in connection with any violation of the above by you.

2. ACCOUNT

2.1 Registration

Before using CDNetworks Online Services, you should first get registered and obtain a Platform Account (“Account”) from CDNetworks. You hereby acknowledge and warrant that:

  • (i). During the registration (or activation) process, you will provide true, accurate and complete information following the page tip and update your information in a timely manner. If it is reasonably suspected by the Company that the information provided by you is wrong, false, outdated or incomplete, the Company may issue a notice of inquiry (or a notice for rectification) to you, and may further delete the corresponding information, suspend the registration process, or suspend your use of the account. The Company reserves the right of suspending or terminating part or all of the Services provided hereunder and will not be responsible for the consequences of such service suspension or termination, and you will be solely responsible for any adverse consequences caused therefrom.

  • (ii). You shall fill in your contact information such as e-mail address, contact number and update the foregoing in a timely manner so that the Company could get in contact with you in time. You are solely responsible for any loss or damage because of Company’ failure of getting in touch with you through the foregoing contact information. You fully understand and agree that it is your duty to maintain the validity of the contact information. In case of any change, you should make update(s) as soon as practicable.

2.2 Account Security

You should be responsible for all the operations and contents under your account. You agree that:

  • (i). You only have the right to use the Account provided by CDNetworks. You are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents, or end users). If you intend to transfer, donate or allow other persons to use the Account, you shall send a prior written request to CDNetworks, and the successor shall only have the right to use the Account upon CDNetworks’ confirmation, otherwise the Company reserves the right to suspend or terminate all the Services hereunder at any time.

  • (ii). CDNetworks will identify your instructions through your username, please well keep your username. CDNetworks and its Affiliates are not responsible for unauthorized access to your account. Any and all the losses, damages or adverse consequences arising from password leakage shall be solely borne by yourself. You hereby warrant that you will not disclose your username or password to any person, nor will use other person’s username and password on this Platform.

  • (iii). Where you found any fraudulent use or illegal theft of your username or password, or any other action lacking of authorization, you should notify CDNetworks promptly, and ask us to suspend the relevant services. Meanwhile, you understand that it needs a reasonable time for the Company to respond to your request and take actions, and the Company shall assume no liability for the operation executed before your reporting/notification and all the consequential losses caused therefrom.

  • (iv). In case you forgot your username or password, you should contact the Company at the first time, and retrieve your password according to the instructions on the Platform Website.

2.3 Account Log-off

CDNetworks reserves the right to deactivate your account, suspend or terminate the Services in the case that you violated the laws and regulations applicable or you are in breach of this Agreement.

3. SUBSCRIPTION TO THE ONLINE SERVICES

Your subscription (as well as any modification) to the Online Services and the corresponding payment obligations are subject to the SOF entered into by and between you and CDNetworks.

4. RIGHTS AND OBLIGATIONS OF YOU

  • 4.1 During your subscription of the Service, CDNetworks hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your business operations. You have the right to use the Services and obtain the relevant technical support and other value-added services provided by CDNetworks (if applicable) via the Online Services Platform. Please refer to the product introductions available at Platform Website for the service description and the prices.

  • 4.2 You hereby represent and warrant that, you have all the licenses and/or qualifications necessary for the performance of this Agreement as required by the relevant laws and regulations. All the liabilities and adverse consequences resulting from your lack of the foregoing licenses or qualifications shall be borne by yourself, meanwhile, the Company is also entitled to suspend or terminate the Services provided to you in this circumstance.

  • 4.3 You should be fully responsible for the legitimacy and appropriateness of all the content (including, but not limited to, audio, video, live streaming graphs, text, scripts, applications, information or other materials of you or your clients, agents, or end users) that are transmitted, stored, cached, or displayed through the Platform, and you are responsible for obtaining all the authorizations and permissions related to your content. You understand CDNetworks does not assume or undertake any business and/or operational risk associate with your business or contents of your websites.

  • 4.4 You hereby represent and warrant that, while using CDNetworks Online Services, you will not engage in any activity that harms (or potentially may harm) network security, including, but not limited to: phishing, hacker, Internet fraud, website(s) containing or may unleash computer viruses, Trojan, and malicious code, and other activities that may attack other websites or servers through virtual server (for instance, scanning, sniffing, ARP cheating, and DOS). At the same time, you promise not to use CDNetworks Online Services for reptiles and brush operations, otherwise you will be regarded as have breached this Agreement and the Company will immediately terminate the Services and investigate your liability for breach.

  • 4.5 You should respect the intellectual property rights and other legitimate rights of the Company and any third party, indemnify and hold the Company and its shareholders, employees and partners harmless from and against any losses and consequences of such violations. We reserve the right to suspend or terminate any use of the Services without prior notice to you or remove any content of you when we in our sole discretion believe any content of you or any use of the Services may result in a violation of any intellectual property rights or any applicable laws and will not refund any money prepaid in such case. If the loss of the Company or any third party is caused by your illegal or infringing act, you should take the full responsibility thereupon.

  • 4.6 You shall make sure that the qualifications, identity information and contact information you provided to the Company are true, lawful and valid. Any consequences resulting from the misrepresentation or untruthfulness of the aforementioned information, or the insecurity, instability of your e-mail address or telephone number for receiving notifications from the Company (including the consequential losses caused thereby) shall be borne by yourself.

  • 4.7 You have the right to inquire about products, services and prices under this Agreement. Once you choose to subscribe to these products and services, we will consider that you have no doubts with regard thereto, and you have waived the recourse right for questioning to our company.

  • 4.8 You should read the relevant service instructions, technical specifications, usage procedures, operation documents posted by the Company on the Website carefully and follow these instructions and specifications at all times. While using the Services, you should operate according to the relevant operation guidance. CDNetworks undertakes no responsibility for your violation of the relevant operating instructions.

  • 4.9 You acknowledge that you should pre-pay the service fees for the products and services and charge your account in time. The account balance may not be transferred or donated to other accounts in this Platform.

  • 4.10 You also warrant not to use the Services provided by the Company to engage in the activities endangering telecommunications or network security, or disrupting the normal order of the telecom market. You understand and accept that concerning the particularity of the Internet, if your account and/or application endangers the legitimate rights and interests of any third party, CDNetworks has the right to stop the use of your account and reserves the right to ask you to take the corresponding liabilities.

  • 4.11 You acknowledge that the Company is entitled to suspend or terminate the Services provided to you with no refund of service fees if you are in breach of the foregoing commitments or the Company received order(s) from governmental authority or legitimate claim(s) from third party. You should compensate the Company for any losses caused therefrom.

  • 4.12 You should not for yourself or for any third party: (a). copy, alter, modify, reverse engineer, create derivative works from, disassemble, or decompile CDNetworks Materials; (b). interfere with or circumvent the Services or CDNetworks Materials; (iii) use the Services other than as permitted under this Agreement; ©. remove or modify any copyright notices, proprietary notices, or references to CDNetworks Materials; or (d). give away, resell, pass through, sublicense, rent, lease, timeshare, rebrand, display, make available, or otherwise transfer the Services or related CDNetworks Materials to any third party.

5. RIGHTS AND OBLIGATIONS OF CDNETWORKS

  • 5.1 CDNetworks will provide Online Services you subscribed subject to the terms and conditions herein and be responsible for the routine maintenance and failure recovery except the failure or unavailability is caused by you or due to the events of force majeure or events beyond the reasonable control of the Company.

  • 5.2 CDNetworks may upgrade the Online Services or relocate the machine room in order to provide better services for you. For such operations, CDNetworks will announce or notify in advance and you shall support and cooperate with us.

  • 5.3 CDNetworks is entitled to migrate your content in the CDNetworks Online Services Platform internally or do other operations based on the need of operation and maintenance management, provided that the Company will not process or modify the data itself. You acknowledge that the above operations do not constitute any infringement to your privacy or Confidential Information.

  • 5.4 You acknowledge and understand that your discounts or charging policies are based on your usage commitment and/or your duration of service subscription. Therefore, if you stop subscribing any Services during the term, CDNetworks will then be entitled to resume regular price immediately, and collect the balance or penalty, or require poundage refund, or cancel your vouchers, or ask you to pay for the vouchers that have been used. Please refer to the Website and/or relevant SOF for details.

  • 5.5 The Company promises to keep your information in strict confidential, will not disclose your information to any third party or authorize any third party to use your information, except that:
    (i). it is permitted by the terms and conditions of this Agreement, or other agreements between you and CDNetworks, or other online terms allowing the Company to provide your information to third party;
    (ii). it is required to be provided subject to the laws and regulations;
    (iii). it is required to be provided by administrative or judicial organs;
    (iv). you agreed with so;
    (v). it is submitted by the Company solely for solving the accusation or for lodging a complaint;
    (vi). it has to be submitted for taking necessary and reasonable actions to prevent serious breach of laws or suspected criminal acts;
    (vii). In order to provide products, services and information to you, for instance, the Company provides products, services and information to you by adopting third-party technology;
    (viii). disclosed to CDNetworks Affiliates.

  • 5.6 The Company reserves the right to suspend or terminate the Online Services in case payment has not been made in time.

6. SYSTEM INTERRUPTION OR FAILURE

The system may fail to function properly and you may be unable to use the network services due to the following reasons:

  • (i). the telecommunication facilities were out of order and data transmission cannot be carried out therefore;
  • (ii). the System was unable to operate due to the events of force majeure that beyond the Company’s reasonable control (such as typhoon, earthquake, tsunami, flood, power failure, war, terrorist attack);
  • (iii). the Services were suspended or delayed due to hacker attacks, virus intrusions, technical adjustments, telecommunication failures, website upgrades, or bank payment problems.

CDNetworks will not be liable for the damages caused by the above events.

7. DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, CDNETWORKS: (A). MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES AND (B). DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

8. SCOPE AND LIMITATION OF LIABILITY

  • 8.1 CDNetworks shall only be responsible for the liabilities specified in this Section.

  • 8.2 CDNetworks may integrate non-CDNetworks products available to you through your use of the Online Services. Upon your subscription of such non-CDNetworks products, CDNetworks may include charges for the non-CDNetworks product as part of your bill for Online Services. For the services not provided by CDNetworks, its quality shall be the sole responsibility of the corresponding licensor. Your use of any non-CDNetworks products shall be governed by the license, service, and/or privacy terms between you and the licensor.

  • 8.3 CDNetworks shall not be responsible for the service unavailability due to the events of force majeure or reasons not attributable to the Company. Concerning the particularity of Internet, CDNetworks suggests you to back up your data in time. CDNetworks will not be liable for: (i). any loss of your data; (ii). service unavailability due to the unreasonable configuration of your system or other reasons attributable to you; (iii). losses of you or any third party due to the acts or omissions of other third parties; or (iv). losses of the third party who indirectly receives CDNetworks’ services through you.

  • 8.4 CDNetworks shall not be liable for any indirect, punitive, special, or consequential losses (including, but not limited to: loss of business, loss of profit, loss of data, or other economic benefits losses) arising out of or in connection with this Agreement however it causes and irrespective of resulting from breach of contract or tort, even if such losses have been notified in advance. Further, in the case the exclusive remedies provided hereunder fails to achieve their purpose, the Company shall still be excluded from its liability for the above losses.

  • 8.5 Where your website was attacked by hackers (for instance, third party network attacks), you should communicate with the Company promptly, so as to ensure that your service level will not be affected, however you should still pay for the traffic or bandwidth fees incurred thereby.

  • 8.6 You should be responsible for the normal operation of the software in the server you subscribed in CDNetworks Online Services. In case the server was under any event that affected the network stability, including, but not limited to hacking, virus attacks, sending spams in bulk, or becoming a virus taker, and causes serious network security problem and affects other users thereby, CDNetworks will notify you to correct by telephone or email (with written notice being sent later on), and reserves the right to restrict your network connection, such as suspending the network service or limiting the traffic flow, for no more than 24 hours. If the hacker attack continues for more than 24 hours, CDNetworks has the right to continue to maintain restrictions on your network until the attack stops. Such event should not be regarded as service unavailability or the Company’s breach of this Agreement. You shall undertake all the losses caused to you and/or to other Online Services customers.

  • 8.7 CDNetworks will use its best endeavors to maintain the availability of the Services you subscribed. Considering the related characteristics of the Services:
    (i). “Service Available” means after adopting the Services, the webpages, files, streaming medias under the corresponding domain name(s) can be accessed or downloaded;
    (ii). “Service Unavailable”: after deducting the service available time from the total service time, the rest is the service unavailable time;
    (iii). “Service Availability” means the probability of the Service, which uses a calendar month as the statistical period (any time less than a calendar month shall be deemed as a calendar month) and is calculated by minute, i.e. “monthly available time / (monthly available time + monthly unavailable time)”.

  • 8.8 In the case that the Online Services are unavailable due to the reason of CDNetworks, CDNetworks shall exempt the relevant service fees. The exemption is based on the committed monthly service fees, and is twice over the fees of the service unavailable time (which is calculated by hour). The maximum exemption shall not exceed the committed service fee of the respective day, and shall not be accumulated to the next day in any way. You agree that, except as stipulated herein, CDNetworks shall not be liable for any further losses caused by the unavailability of the Online Services. Where there is no committed service fee applicable, the exemption will be based on the actual service unavailable time.

  • 8.9 Except as otherwise provided hereunder, you agree that in any event the Company’s aggregate liability shall be limited to the direct economic losses and the total amount of compensation shall not exceed the amount of service fees payable on that affected day.

9. PRIVACY AND PERSONAL INFORMATION PROTECTION

Once you accept this Agreement or begin using CDNetworks Online Services, you agree that the Company may use or disclose your personal information according to the following terms:

9.1 Account and Password.

  • When you register as a user of the Online Service, we will require you to set up the account and password to identify you. You can only use your account with your password, please safe keep your password. If the password is leaked, your personal identification information may be leaked, which may result in adverse consequences to you. Please contact us as soon as practicable if your account and password are potentially or realistically in dangerous for any reason. All consequences arising from account or password leakage should be borne by yourself.

9.2 Account Information.

  • When you register your account or under the activation process, please provide your true register information. To provide you with targeted new services and promotions, you understand and agree that CDNetworks and its Affiliates or other websites you logged in will notify you of such information through your registered e-mail address.

9.3 Login Record.

  • In order to ensure the safety of your use of CDNetworks Online Services and to improve the quality of the Services, CDNetworks will record and preserve the relevant login information and your use of CDNetworks Online Services. We promise not to provide such information to any third party (unless otherwise agreed by the Parties or required by laws and regulations or disclose to our Affiliates).

9.4 External Links.

  • This Website contains links to other websites, however CDNetworks is not responsible for the privacy measures on other websites. CDNetworks may add business partner’s or shared-brand’s website hyperlinks whenever necessary.

9.5 Security.

  • CDNetworks uses the security measures supported by existent technology to protect the information from lost, being abused or altered, which including backing up data to other servers and encrypting user passwords.

9.6 Privacy policy.

  • If you want to get more details about CDNetworks privacy and personal information protection, you can read the Privacy Policy for Console.

10. INTELLECTUAL PROPERTY RIGHTS

  • 10.1 Except for third party products or services, all contents on this Website, including without limitation, the works, pictures, archives, information, materials, architectures, and page designs are all owned by CDNetworks or its Affiliates according to law. The rights including trade mark right, patent right, copyright and business secret right.

  • 10.2 Unless with the written consent of CDNetworks or its Affiliates, nobody may use, modify, copy, publicly disseminate, alter, spread, distribute or publish the programs or contents of this Website.

  • 10.3 It is your obligation to respect the intellectual property rights. You should obtain software copyright(s), application license(s) and solve other matters related thereupon by yourself. CDNetworks has no obligation to verify the foregoing. We deemed that your entry into of this Agreement implies that you have accepted the foregoing terms and conditions and have completed all relevant works. In case of any breach, you shall be liable for all the damages and the Company reserves the right to terminate this Agreement.

11. MISCELLANEOUS

  • 11.1 The entire agreement is consisted by the terms in this Agreement and the rules on the Website. The concept of the nouns can be mutually referenced. In case of any discrepancy between this Agreement and the MSA regarding the Online Services, the terms in this Agreement shall prevail.

  • 11.2 Your use of the Services indicates that you have understood and accepted all the components thereof.

  • 11.3 Except as set forth otherwise, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

  • 11.4 This Agreement shall be governed in all respects by the laws of the jurisdiction in which the CDNetworks entity sits. In case of any dispute or difference to the understanding and interpretation of this Agreement, the Parties will work together in good faith to amicably settle such dispute or difference. In the event that the dispute or difference has not been settled within thirty (30) days of the date that a Party receives written notification of the dispute or difference, then the Parties agree to use the dispute resolution method as agreed between the Parties under the MSA.

  • 11.5 The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

  • 11.6 Where any part of this Agreement is deemed by the competent court as invalid, the validity of the remainder provisions shall not be affected. The non-performance of any provision of this Agreement shall not affect the validity of the other provisions.

  • 11.7 You shall not use, in advertising or publicity, the name of CDNetworks, its Affiliates or any of its directors, officers, employees, consultants, or agents or any trade name, trademark, service mark, logo or symbol (“Marks”) of CDNetworks or its Affiliates, except with the express prior written consent of CDNetworks (such consent not to be unreasonably withheld). Notwithstanding the foregoing, either Party may disclose as part of its promotional activities the fact that you are obtaining Services from CDNetworks and solely for that purpose, you hereby grant CDNetworks a non-transferable right to use your Marks in its commercial publicity materials (for example, websites, brochures). Neither Party grants any rights in any trademark, trade name, service mark, business name, or goodwill of the other Party except as expressly permitted hereunder.

  • 11.8 The Parties hereby confirm that: it is completely reciprocal and fair for both Parties to choose to be bound by this Agreement. Either party may freely decide to enter into this Agreement or not without coercion. Entering into this Agreement is the thorough decision of both Parties. There is no circumstance in which either party unilaterally increases the other party’s liability or evades its own obligations. Either party that enters into or commits to comply with this Agreement shall be regarded as giving up its doubts about the fairness of this Agreement.

12. DEFINITION AND INTERPRETATIONS

  • “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with a Party. For purpose of the foregoing, “control” shall mean the ownership of more than fifty percent (50%) of the (i). voting power to elect the directors of the said entity; or (ii). ownership interest in the said entity.

  • “API” means an application program interface.

  • “Applicable Law” means any laws, statutes or ordinances, and any regulations, rules, circulars issued by any governmental authority, taxing authority pursuant to such laws, statutes and ordinances in any jurisdiction.

  • “CDNetworks Materials” means: (i) CDNetworks Technology; (ii) any software, tools, designs, documentation, brochure, information, data, know-how, ideas, works or similar items that are independently developed or otherwise obtained by CDNetworks and being provided you for the provision of the Services; and (iii) all Intellectual Property Rights and proprietary rights in, and any enhancements, improvements, modifications, or derivative works to the foregoing.

  • “CDNetworks Technology” means CDNetworks’ (and/or its licensor’s) proprietary technology used by CDNetworks to provide the Services.

  • “Confidential Information” the following shall be deemed “Confidential Information” for purposes of this Agreement: (i). the provisions of this Agreement; (ii). CDNetworks Materials; and (iii). all information provided to a Party (the “Receiving Party”) by the other Party (the “Disclosing Party”) where given the nature of the information or circumstances of the disclosure, would reasonably be considered confidential, including without limitation, technical, operational, marketing, billing, pricing and commercial information in relation to the supply of Services.
    Notwithstanding the foregoing, Confidential Information shall not include information or materials that are: (i). publicly available prior to the date received by the Receiving Party or subsequently came to be publicly available through no wrongful act or omission of the Receiving Party; (ii). lawfully disclosed to the Receiving Party by a third party under no obligation to the Disclosing Party known to such third party and without restriction on use or disclosure; or (iii). independently developed by the Receiving Party or any of its employees, consultants, or agents without reference to the Confidential Information of the Disclosing Party.

  • “Force Majeure Event” means any cause beyond a Party’s reasonable control, including, without limitation, any act of God or nature, act of war, earthquake, typhoon, flood, fire or other similar casualty, embargo, riot, terrorism, epidemic, condemnation, inability to procure materials or transportation facilities, failure of power, court order, failure of the Internet, failure of a supplier or other cause, whether similar or dissimilar to the foregoing, not resulting from the actions or inactions of such Party and whether physical or electronic.

  • “Governmental Authority” means any governmental or quasi-governmental body, irrespective foreign or domestic, including any department, agency, commission, bureau or other administrative or regulatory bodies, courts, public utilities and telecommunication authorities.

  • “Intellectual Property Rights” means: (i) any and all intellectual property rights and proprietary rights provided under copyright, patent rights, trade or service marks, logos, design rights, rights in or relating to databases, rights in or relating to Confidential Information, know-how and any other intellectual property rights (registered or unregistered) throughout the world, including those which may provide a right in either ideas, formulae, algorithms, concepts, inventions, designs, software, or know-how generally, or the expression or use of such ideas, formulae, algorithms, concepts, inventions, designs, software, or know-how; and any and all applications, registrations, licenses, sub- licenses, franchises, agreements, or any other evidence of a right in any of the foregoing.

  • “MSA” means the Master Services Agreement entered into by and between you and CDNetworks.

  • “SOF” means the Service Order Form entered into by and between you and CDNetworks in written which recorded the services (including Online Services) subscribed by you in detail.

  • “Taxes” means all applicable VAT, GST, consumption, sales, use, excise, access, regulatory or other like taxes, fees, charges or surcharges, whether now or hereafter enacted that are imposed by governmental authorities relating to the Services.

Exhibits:
Exhibit A. CDNetworks Online Services Usage Policy

Exhibit A. CDNetworks Online Services Usage Policy

In order to protect your rights and interests in using CDNetworks Online Services, you understand and accept that:

  1. During your use of CDNetworks Online Services, the rules for using CDNetworks Online Service shall include this Usage Policy, as well as page tips on transaction operation, and messages (text messages or phone calls) sent to your telephone by CDNetworks. Your use of CDNetworks Online Services indicates your acceptance of these rules. You acknowledge and agree that CDNetworks may at its sole discretion amend the relevant rules for enhancing the Services and such amendments do not need to have your prior consent. Service rules should be subject to page notifications (including without limitation, group text messages, phone calls, or announcements on the Website) at the time you use the Services. Your agreement and compliance with the service rules are the prerequisite for using of CDNetworks Online Services.

  2. CDNetworks may notify you about the service progress and the following steps through appropriate methods (including without limitation, e-mails, group text messages, phone calls or Website announcements). CDNetworks makes no warranty and assumes no responsibility regarding your receipt or the effectiveness of your receipt of the foregoing information and notices. Please login to the Website to check and conduct operations in time during the Services. CDNetworks takes no responsibility for any disputes or losses arising from your failure to check, modify or confirm the status of the Services or to submit the relevant applications in time.

  3. During your use of CDNetworks Online Services, CDNetworks has the right to collect service fees in accordance with the corresponding quotation(s), service order(s) and/or contract(s). The specific service fees shall be subject to the SOF entered into by and between you and the Company.

  4. During your use of CDNetworks Online Services, it is prohibited to use the international networking to infringe the rights and interests of any third party, or engage in illegal and criminal activities.

  5. During your use CDNetworks Online Services, it is prohibited to engage in any of the following activities that endanger the network security:
    (i). access to computer information networks or use computer information network resources without permission;
    (ii).delete, modify or increase the function of computer information networks without permission;
    (iii). delete, modify, or add the applications and data stored, processed or transmitted in the computer information networks without permission;
    (iv). deliberately produce and disseminate destructive programs such as computer viruses;
    (v). other activities that harm the network.

  6. You only have the right to use the IP addresses assigned by CDNetworks (if applicable). You should obtain CDNetworks’ written consent before transferring your right to any third party and you are required to make detailed record of such third party user’s information. In case of any violation by the third party, you are obliged to provide authentic and effective user information and cooperate with relevant governmental authorities in investigation and evidence collection.

  7. you understand that below provisions will get applied automatically once you choose to use Online Services in the region of China mainland and will fully comply with those requirements:

  • 7.1 when you choose to use Online Services in the region of China mainland, it is prohibited to use the network to make, copy, publish or propagate messages containing the following contents:
    (i). inciting to resist or break the Constitution or laws, or the implementation of administrative regulations;
    (ii). inciting subversion of state power and overthrowing the socialist system;
    (iii). inciting secession and undermining national unity;
    (iv). inciting national hatred, national discrimination and undermining national unity;
    (v). fabricating or distorting facts, spreading rumors and disturbing social order;
    (vi). propagating feudal superstition, obscenity, pornography, gambling, violence, murder, terror, and abetting crime;- (vii). openly insulting others or fabricating facts to defame others;
    (viii). injuring the reputation of state organs;
    (ix). other violations of the Constitution, laws and administrative regulations.

  • 7.2 CDNetworks will record the necessary information during the Services depending on the Services you choose and provide such information to you upon your request or to the governmental authorities for supervision, compliance or forensic investigations.

  • 7.3 You understand that you shall record the end users’ Internet history according to the requirements set forth in the Regulations on the Protection of the Right of Communication through Information Network, Administrative Protections on the Copyright in Internet, and other relevant laws and regulations. Such records shall be kept for no less than one hundred and eighty (180) days, and be provided to the governmental authorities upon their requests.

  • 7.4 You acknowledge and agree that according to the laws and regulations for instance Administrative Measures on Internet Information Services, Administration Measures on Telecom Service Operation, and Administration Measures on Internet Content Provider Registration Record, Chinese government implements licensing system on operational Internet information business and registration record (Bei’An) system on non-operational Internet information business. No Internet information business shall be conducted if the license has not been granted or the record has not been obtained. If you violate the relevant requirements, you should undertake the corresponding liabilities according to the laws and CDNetworks will not take any responsibility in relation thereto.

  • 7.5 If you provide external website services during your use of CDNetworks Online Services, you should check the contents and information on your website periodically. Messages on interactive columns and message boards must be reviewed before publishing. Once an issue is identified, you should take actions immediately and keep the relevant records, meanwhile notify the corresponding departments/governmental authorities. You should take your responsibility in this process and educate your employees.

  • 7.6 If you provide external website services during your use of CDNetworks Online Services, you should, subject to the provisions of the Regulations on the Safety and Protection of the International Network of Computer Information Networks (Order No. 33 of the Ministry of Public Security):
    (i). fill in the registration and record form prepared by the Ministry of Public Security when completing the network access process;
    (ii). approach the local public security organization within thirty (30) days from the date you get connected with the network;
    (iii). report to the local public security organization about yourself/your entity, your end uers, and any alteration to the foregoing in time.

  • 7.7 You shall also cooperate with CDNetworks in complying with most recent requirements imposed by the Governmental Authorities from time to time.

If you fail to fulfill the above duty, you may be penalized accordingly by the competent governmental authorities (including without limitation, warnings and/or shuttling down of your business).

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