Terms & Conditions

Introduction

Welcome to cdnsun.com. This website is owned and operated by the company CDNsun s.r.o. (hereafter referred to as "CDNsun") incorporated and registered in the Czech Republic with number 05745314 whose registered main office is in V zářezu 902/4, Prague, 158 00. By accessing our website, services, products, tools or information (hereafter referred to as "Resources") you understand, agree and accept to be bound by the terms and conditions as stated in our Acceptable Use Policy, along with the terms and conditions as stated in our Privacy Policy. Moreover by clicking the "Sign Up" button on the sign up form you understand, agree and accept to be bound by the terms and conditions as stated in our Terms of Service.

Acceptable Use Policy

Acceptable Use

You understand, agree and accept to use the Resources only for the purposes intended as permitted by

• i. the terms of this Acceptable Use Policy, and
• ii. applicable laws, regulations, and
• iii. generally accepted online practices, and
• iv. good faith.

You understand, agree and accept that:

• a. In order to access the Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the sign up process and create order process. You understand, agree and accept that any information you provide will always be accurate, correct, and up to date moreover you understand, agree and accept the terms and conditions as stated in our Privacy Policy.
• b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources. Accordingly, you are responsible for all activities that occur under your account(s).
• c. Accessing (or attempting to access) any of the Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Resources through any unethical or unconventional means.
• d. Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited.
• e. Attempting to copy, duplicate or reproduce the Resources is strictly prohibited. Attempting to sell, trade or resell the information we provide is strictly prohibited.
• f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
• g. We provide various communication channels, such as emails, phone calls, conference calls, live chats, blog posts, forums, message boards, newsgroups, various social networks, etc. If you choose to use these tools to submit any type of information to us, then it is your personal responsibility to use these tools in a responsible and ethical manner. You agree that you will not distribute any content or information that:
  • i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
  • ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
  • iii. Impersonates any person or entity, including any CDNsun employees or representatives.
• h. We reserve the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Acceptable Use Policy, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates our or any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
• i. We do not assume any liability for any content posted by you however, any content posted by you using any communication tool to us becomes the property of CDNsun, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via communication channels as described, and does not refer to information that is provided as part of the sign up process and create order process necessary in order to use the Resources. All information provided as part of our sign up process and create order process is covered by our Privacy Policy.
• j. You agree to indemnify and hold harmless CDNsun directors, managers, employees and investors, from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Acceptable Use Policy or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Acceptable Use Policy. In such event, you shall provide us with such cooperation as is reasonably requested by us.
• k. The Resources may be used only for lawful purposes. Distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
• l. Violations of security of the Resources is strictly prohibited, and in addition to immediate account suspension and termination without notice, may result in criminal and civil liability. CDNsun will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, but are not limited to, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system and network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system and network. Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• m. Complaints regarding suspected illegal use or system or network security issues should be sent to abuse@cdnsun.com.

Limitation of Warranties

You understand, agree and accept that the Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

• i. The Resources will meet your idea about the Resources.
• ii. The use of the Resources will meet your needs or requirements.
• iii. The use of the Resources will be uninterrupted, timely, secure or free from errors.
• iv. Any defects in the operation or functionality of the Resources we provide will be repaired or corrected.
• v. The information obtained by using the Resources will be accurate or reliable.
• vi. Any email or any other information we send to you will be successfully delivered.

Furthermore, you understand, agree and accept that:

• vii. Any content downloaded or otherwise obtained through the use of the Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
• viii. No information or advice, whether expressed, implied, oral or written, obtained by you from CDNsun or through the Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms and Conditions or other additional valid agreements with CDNsun such as Service Level Agreement (SLA).

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand, agree and accept that any claim against us shall be limited to the amount you paid, if any, for use of the Resources. CDNsun will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights and Trademarks

All content and materials available on all websites owned by CDNsun (https://cdnsun.com, https://status.cdnsun.com, etc.) including but not limited to text, graphics, website name, code, images and logos are the intellectual property of CDNsun, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by CDNsun.

Termination of Use

You understand, agree and accept that we may, at our sole discretion, suspend or terminate your access to all parts of the Resources with or without notice and for any reason, including, without limitation, breach of this Acceptable Use Policy. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

The Resources are controlled by CDNsun from offices located in the Czech Republic. The Resources can be accessed from most countries around the world, as each country has laws that may differ from those of the Czech Republic, by accessing the Resources, you agree that the laws of the Czech Republic, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the accessing use or purchase of the Resources.

Furthermore, any action to enforce this Acceptable Use Policy shall be brought in the courts located in the Czech Republic. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, CDNsun EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Changes to our Acceptable Use Policy

If we decide to change our Acceptable Use Policy, we will update the Acceptable Use Policy modification date below.

This agreement was last modified on Oct 10, 2017.

We reserve the right to change our Acceptable Use Policy from time to time without notice. You understand, agree and accept that it is your responsibility to review our Acceptable Use Policy periodically to familiarize yourself with any modifications.

You understand, agree and accept that continued use of the Resources after such modifications for more than 1 month will constitute acknowledgment and agreement of the modified Acceptable Use Policy. You understand, agree and accept that if we don't receive a notice of disagreement from you within 1 month since the Acceptable Use Policy modification, you will be deemed to have accepted the modified Acceptable Use Policy.

Terms of Service

Prices and Fees

Prices for our services are in US dollars (USD) as described on our website. Our pricing may be amended from time to time at our sole discretion.

We may increase fees for our services, in such case we will notify you prior to the effective date of the new fees and you are entitled to terminate this agreement with effect from the fees change, in such case you understand, agree and accept that credit added more than 1 year ago is non-refundable You understand, agree and accept that if we don't receive a notice of termination from you within 1 month since the fees change, you will be deemed to have accepted the new fees.

Refunds and Expiration

You understand, agree and accept that credit and all payments are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. You understand, agree and accept that credit expires after 1 year from the date of the payment. If credit is added to the account before the current credit expires, the existing credit expiration date is extended to the expiration date of the newly added credit. You understand, agree and accept that credit added more than 1 year ago is non-refundable unless provided by applicable law.

Expired Resources including customer accounts are suspended and subsequently terminated with or without notice.

Free Trial Account

Creating multiple free trial accounts by the same person, business or other entity is prohibited and the accounts will be suspended and subsequently terminated without notice.

100% Service Level Agreement (SLA)

Introduction

This Service Level Agreement ("SLA") is a policy governing the use of the CDNsun Services ("CDN Service") under the terms of the Terms of Service ("CDNsun Terms of Service") between CDNsun and users of CDNsun services ("Customer").

This SLA applies separately to each CDNsun account satisfying all of the following three condtions

• i. the account has been upgraded from a free trial account to a customer account at least 30 days ago,
• ii. the account's balance for CDN service is greater than or equal to zero US dollars ($0 USD),
• iii. the account is active, it is not suspended.

CDNsun reserves the right to change the terms of this SLA at any time and in its sole discretion in accordance with the CDNsun Terms of Service. This CDNsun SLA states and represents Customer’s sole and exclusive remedy for any failure by CDNsun to meet the CDNsun SLA. In the event of any conflict between this SLA and the CDNsun Terms of Service, the CDNsun Terms of Service will govern.

Service Commitment

CDNsun will use commercially reasonable effort to make the CDN Service available with a 30 Days Uptime Percentage (defined below) of 100%. In the event CDNsun does not meet the Service Commitment, Customer may be eligible to receive a Service Credit (defined below) as described below.

Definitions

• "30 Days Period" is the last 30 days preceding the moment when the account requested Service Credit (defined below) including the day when the account requested Service Credit.
• "Error Rate" is the total number of internal server errors returned by CDNsun's CDN edge servers as error status "Internal Error" or "Service Unavailable" divided by the total number of requests during that five minute period. CDNsun will calculate the Error Rate for each CDNsun account as a percentage for each five minute period in the 30 Days Period. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the CDNsun SLA Exclusions (defined below).
• "30 Days Uptime Percentage" is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the 30 Days Period.
• "30 Days Expense" is the Customer's expense within the 30 Days Period for CDN traffic. The 30 Days Expense does not include any other expenses such as expenses for add-ons.
• "Service Credit" is a US dollar credit, calculated as a percentage of the 30 Days Expense (see below) which CDNsun may add to the Customer’s balance for CDN Service.

Service Credit

CDNsun will apply any Service Credit directly to Customer’s CDNsun account by adding it to Customer’s balance for CDN Service.

• A Service Credit shall not entitle Customer to any refund or other payment from CDNsun.
• A Service Credit will be applicable and issued only if the Service Credit amount for the applicable 30 Days Period is greater than or equal to fifty US dollars ($50 USD).
• A Service Credit can be applied at most once for an incident.
• A Service Credit may not be transferred or applied to any other CDNsun account.

Customer’s sole and exclusive remedy for any unavailability or non-performance of CDN Service or other failure by CDNsun to provide CDN Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of Customer’s use of CDNsun.

Service Credit Request

To receive a Service Credit, Customer must submit a request by emailing: support@cdnsun.com with the subject: "SLA Claim". To be eligible, the Service Credit Request must

• i. include your account email address,
• ii. include the dates and times of each incident of non-zero Error Rates that Customer claims to have experienced,
• iii. include your server request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with an asterisks) and
• iv. be received by CDNsun within forty-eight (48) hours of CDNsun’s suspected failure to provide 100% uptime under this SLA.

If CDNsun determines that the 30 Days Uptime Percentage applicable to the 30 Days Period of such request is less than 100%, then CDNsun will issue the Service Credit to Customer within one (1) month of the moment when CDNsun has received the request. Customer’s failure to timely provide the request and other information as required above will disqualify Customer from receiving a Service Credit.

SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of CDN Service, or any other CDN Service performance issues:

• i. scheduled, emergency or Customer requested service interruptions,
• ii. caused by factors outside of CDNsun's reasonable control, including any force majeure event or the Internet access or related problems beyond CDNsun's control, including any denial-of-service attacks on a single or multiple CDN edge servers,
• iii. that result from any actions or inactions of Customer or any third party,
• iv. that result from Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control),
• v. arising from our suspension and termination of service or Customers right to use CDN Service in accordance with CDNsun Terms of Service,
• vi. related to Customer maintenance, configurations, negligence, accidents or omissions or use of CDNsun’s network or services in breach of CDNsun Terms of Service or Acceptable Use Policy.

Under no circumstances will any tests performed by Customer, its vendors or partners be recognized by CDNsun as a valid measurable criterion of violation length, quality or type for the purposes of establishing a Service Credit hereunder. Failure of Customer to promptly inform CDNsun about changes in Customer’s contacts may result in a denial of Service Credit under this SLA. The SLA objectives contained herein do not apply to customers of the Customer. If availability is impacted by factors other than those used in our calculation of the Error Rate, CDNsun may issue a Service Credit considering such factors in our sole discretion.

Termination of Use

In addition to our Acceptable Use Policy we reserve the right to suspend and/or terminate your access to the Resources with or without notice in the following cases:

• i. Your account balance is negative.
• ii. Without reason. In this case if you are not in violation of these Terms and Conditions then your remaining credit added less than 1 year ago, if any, will be refunded to you. You understand, agree and accept that credit added more than 1 year ago is non-refundable. You agree and accept to provide us all necessary information for refund we may require.

Storage Space and Backups

Usage of CDNsun storage space (disk space) is allowed only as an origin (source) for CDNsun content delivered network (CDN) services. Distribution from CDNsun storage space to public is prohibited and violating this condition may result to partial or complete account suspension and termination.

Customers are solely responsible for all backups. You understand, agree and accept that CDNsun is not responsible for data backups and that CDNsun is not responsible for data loss.

Age Restriction

If the Customer is an individual then the individual must be at least 21 years old when signing up for CDNsun account.

Controversial Content and Legal Content

We allow to use the Resources for "controversial content" such as adult content. There are no restrictions on what "controversial content" is allowed to be served via our network but any content (controversial or not) using the Resources and distribution of such content must be legal under the laws of the Czech Republic.

Infrastructure

We reserve the right to change our network or other infrastructure at our sole discretion and with or without notice.

In addition to our Acceptable Use Policy we reserve the right to limit, suspend and terminate Resources that are not favorable for our infrastructure.

Changes to our Terms of Service

If we decide to change our Terms of Service, we will update the Terms of Service modification date below.

This agreement was last modified on Oct 10, 2017.

We reserve the right to change our Terms of Service from time to time without notice. You understand, agree and accept that it is your responsibility to review our Terms of Service periodically to familiarize yourself with any modifications.

You understand, agree and accept that continued use of the Resources after such modifications for more than 1 month will constitute acknowledgment and agreement of the modified Terms of Service. You understand, agree and accept that if we don't receive a notice of disagreement from you within 1 month since the Terms of Service modification, you will be deemed to have accepted the modified Terms of Service.

Privacy Policy

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms and Conditions.

Contact Information

If you have any questions or comments regarding our Terms and Conditions i.e., our Acceptable Use Policy, our Terms of Service and our Privacy Policy as outlined above, you may contact us using the information below.

• Office: V zářezu 902/4, Prague, 158 00, Czech Republic
• Website: cdnsun.com
• Email: info@cdnsun.com
• Phone: +420 776 256 872

What next?

Read about the following topics.

• Privacy Policy
• General Data Protection Regulation (GDPR)