Terms & Conditions
Welcome to CDNsun!
Acceptable Use Policy
Acceptable Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Acceptable Use Policy, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
c. Accessing (or attempting to access) any of our 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 our Resources through any unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate or reproduce our 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 may provide various close communication tools, such as emails, phone calls, conference calls, live chats, 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. By posting information or otherwise using any close communication tools as mentioned, you agree that you will not upload, post, or otherwise distribute any 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. Impersonates any person or entity, including any CDNsun employees or representatives.
h. We may provide various open communication tools, such as blog posts, forums, message boards, newsgroups, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to us, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
iii. Contains any type of unauthorized or unsolicited advertising.
iv. Impersonates any person or entity, including any CDNsun employees or representatives.
We have 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 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.
j. You agree to indemnify and hold harmless CDNsun and its affiliates, and their directors, officers, managers, employees, donors, agents, investors and licensors, 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. Our Resource may be used only for lawful purposes. Transmission, 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. We allow "adult content" providers to use our Resources. There are no restrictions on what "adult content" providers may serve, however all content must be legal under the laws of the Czech Republic, and "adult content" providers must abide by all other Terms of Service at all times.
m. Violations of system or network security are 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 system or network 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. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
n. Complaints regarding suspected illegal use or system or network security issues should be sent to email@example.com.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i. Our Resources will meet your idea about our Resources.
ii. The use of our Resources will meet your needs or requirements.
iii. The use of our Resources will be uninterrupted, timely, secure or free from errors.
iv. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
v. The information obtained by using our Resources will be accurate or reliable.
vi. Any email or any other information we send to you will be delivered successfully.
Furthermore, you understand and agree that:
vii. Any content downloaded or otherwise obtained through the use of our 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 any 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 us such as Service Level Agreement (SLA).
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of our 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 our 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 cdnsun.com, 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 agree that we may, at our sole discretion, suspend or terminate your access to all parts of our website and 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.
This website is controlled by CDNsun from our offices located in the state of Prague, Czech Republic. It can be accessed by most countries around the world. As each country has laws that may differ from those of the Czech Republic, by accessing our website, you agree that the statutes and 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 use of this website and the purchase of any products or services through this site.
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.
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 22, 2013.
We reserve the right to change our Acceptable Use Policy from time to time without notice. You acknowledge and agree that it is your responsibility to review our Acceptable Use Policy periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of 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 a case we will notify you prior to the effective date of the new fees. You are entitled to terminate this agreement with effect from the fees change. If you don't give a notice of non-renewal, you will be deemed to have accepted the new fees.
Refunds and Expiration
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. All amounts deposited into account expiry after 365 days from the date of the payment. Further amounts deposited into account do not extend expiration of previous amounts deposited into account. Expired Resources including accounts are suspended and subsequently terminated.
Free Trial Account
Multiple free trial accounts created by the same person or business or any other entity are strictly prohibited and will be suspended and subsequently terminated.
Termination of Use
In addition to our Acceptable Use Policy we reserve the right to suspend or terminate your access to all parts of our website and 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 your remaining account deposit, if any, will be refunded to you. You agree to provide us all necessary information for refund.
100% Service Level Agreement (SLA)
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.
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.
- "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.
|30 Days Uptime Percentage||Service Credit|
|Equal to or greater than 99.999% but less than 100%||5%|
|Equal to or greater than 99.99% but less than 99.999%||10%|
|Equal to or greater than 99.9% but less than 99.99%||15%|
|Equal to or greater than 99% but less than 99.9%||25%|
|Less than 99%||50%|
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: firstname.lastname@example.org 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.
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.
Storage Space and Backups
Usage of our storage space (disk space) is allowed as an origin (source) for our content delivered network. Traffic delivery from our storage space directly to public is strictly prohibited. Customer is solely responsible for all backups.
Technology & Infrastructure
We reserve the right to change our network or other infrastructure and technology at our sole discretion and with or without notice.
In addition to our Acceptable Use Policy we reserve the right to limit, suspend or remove Resources which 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 7, 2015.
We reserve the right to change our Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review our Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms of Service.
- Office: Pavla Benese 750/14, Prague, 199 00, Czech Republic
- Website: cdnsun.com
- Email: email@example.com
- Phone: +420 776 256 872