AgileCDN Terms of Service
PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICE
This Agreement is between Agilewing Technology Co. Limited ("Agilewing") and you ("you" or "Customer"), as an authorized user of AgileCDN Services, and governs the terms and conditions of your use of Agilewing Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by AgileCDN (collectively, the "Agreement"), constitutes the entire agreement between AgileCDN and you regarding CDN Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, " AgileCDN Services" or "Services" are defined as any and all services provided by AgileCDN to you either now or in the future. By using AgileCDN Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
Definition of Terms
a. Agilewing is referred to herein as “Agilewing," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
c. The equipment and software owned, leased, used by, or maintained for or by Agilewing are referred to herein as "system."
d. User files, directory, and file content are referred to herein as user files.
e. User file uploaded in and/or gathered by AgileCDN system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."
Description of Service
AgileCDN is in the business of providing web-based CDN services. It is our goal to provide you with the best access possible to online computing resources available through the Internet. Our business depends upon it and AgileCDN is strongly motivated to achieve success. We want you to have the best possible experience in dealing with online CDN service and using AgileCDN’s services.
Registration
To use the Service, you must register on your behalf. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If AgileCDN discovers that any of your Registration Data is inaccurate, incomplete or not current, AgileCDN may terminate your right to access and receive the service immediately upon notice. AgileCDN will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. AgileCDN may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the Service. AgileCDN reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts.
Incomplete Signup Emails
If you begin the sign up process for AgileCDN Services but fail to complete the process, AgileCDN may contact you one time via email in an effort to help successfully guide you through this process. You hereby authorize AgileCDN to make such contact, even if you ultimately determine not to sign up for AgileCDN Services.
Non-Transferable Membership
AgileCDN grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by AgileCDN to you are retained.
User Accounts
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with AgileCDN. To open a user account, you or your company must complete the registration process by providing AgileCDN with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should AgileCDN suspect that such information is untrue, inaccurate, not current or incomplete; AgileCDN has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.
Payment of Fees
AgileCDN offers its Service, as described on the AgileCDN website (www.agilecdn.cloud) and as published within the Service, for AgileCDN service charges(the "Fees") which you will pay to AgileCDN by authorized credit card through PayPal or wire transfer. The Fees applicable for the Service are available at www.agilecdn.com and as published within the Service. AgileCDN reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which will be sent by email). If you believe AgileCDN has charged you incorrectly, you must contact AgileCDN no later than 7days after the CDN task is done, in order to receive an adjustment or credit. Inquiries should be directed to AgileCDN’s Customer Service Department ( support@agileone.cloud ).
Trial Offers, Coupons, Credits and Special Offers
AgileCDN reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer new, registered user $10 for free trial usage of the service. You can also buy credits for formal CDN service ; CDN service will be paused once your account has insufficient funds. System will not charge you if the CDN fails.
Termination
AgileCDN, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to AgileCDN at any time; however, you will not receive a refund of any portion of your fees paid to AgileCDN. Upon termination by AgileCDN or at your direction, you may request a file of your Data on the premise that AgileCDN still have your Data. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. AgileCDN shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Proprietary Rights
AgileCDN retains intellectual property rights of all materials in this website (www.agilecdn.cloud), except the following:
(1) Data uploaded by customers using AgileCDN CDN service;
(2) Output data CDN by AgileCDN from customers’ data upload.
All products, technologies and programs on this website (www.agilecdn.cloud) are the intellectual property of AgileCDN. Without permission and authorization of AgileCDN, no one may use these products, technologies and programs for any purpose by, including but not limited to, illegally copying, transmitting, displaying, mirroring, uploading, and downloading, or intervene in the normal service provision of AgileCDN via unconventional methods (e.g. malicious intervention of Google data). No one may illegally obtain AgileCDN data using software program. Otherwise, AgileCDN reserves the right to pursue legal liability.
Indemnification
You agree to indemnify AgileCDN and its subsidiaries and related companies for all claims, damages, direct or indirect losses and causes of action (including attorneys’ fees, court costs and other reasonable expenses) arising out of or relating to your breach of contract and other illegal behavior, etc., in the process of using AgileCDN products and services.
Disclaimer of Warranties
AgileCDN makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. AgileCDN does not represent or warrant that: (i) the use of the service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the service will meet your requirements or expectations, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (iv) errors or defects will be corrected, (v) the service or the servers that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by AgileCDN.
Limitation of Liability
In no event shall AgileCDN’s aggregate liability exceed the amount actually paid by you immediately preceding the event giving rise to such claim. In no event shall AgileCDN be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to your use or inability to use the service, or for any content obtained from or through the service, even if AgileCDN has been previously advised of the possibility of such damages.
Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control
These terms shall be governed by Hong Kong law, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of Hong Kong law and those mandatory laws will apply. if you live in a country, you can choose to bring legal proceedings either in your country or in Hong Kong, but if we bring legal proceedings, we may only do so in your country.
If you are a consumer within the Hong Kong, to the extent there is any conflict, this provision shall take precedence over any term in the front-end of these Terms.If you live in a country, you can choose to bring legal proceedings either in your country or in Hong Kong, but if we bring legal proceedings, we may only do so in your country. If you are a consumer within Hong Kong, to the extent there is any conflict, this provision shall take precedence over any term in the front-end of these Terms.
Modification to Terms
Agilewing reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Agilewing Technology Co. Limited
Terms of Service