Welcome to the LightCDN service terms! The first part of our service terms is an introduction, which is similar in structure to FAQs and outlines some concepts before delving into other terminology.
What documents does TOS consist of?
We refer to the service terms as' TOS'.
This page lists the core of our TOS, but we also have other contract documents that you can consider as additional terms for specific topics. Legally speaking, these other documents are incorporated by reference as if they were written here and form a part of the entire TOS. Therefore, you should also review these other documents, which can be found at the following link:
Who does this TOS apply to?
When we mention 'LightCDN' or use pronouns such as' we ',' we ', or' our ', we refer to LightCDN and its parent, subsidiary, and subsidiary companies.
When we mention 'user', we refer to you, and we also use words such as' you 'and' your 'to refer to you. If you use our services on behalf of a company, organization, or other entity, who you are may become more complex. In this case, you represent to us that you have the right to bind your company, organization, or other entity to this TOS, and you promise to represent that entity (as well as "users", "you", and "your" and then refer to such entities). If you are unsure of what this means, or if you have the authority to bind your company, organization, or entity to this contract, you should ask other people in your organization to obtain instructions regarding the authority.
What are the terms of service?
This TOS is a binding contract between you and LightCDN, covering all products, websites, products, services, features, content, applications, and other content we provide to users like you.
We will regularly differentiate between our website, such as lightcdn.com (collectively referred to as the "Website"), and all of our other services, such as our Content Distribution Service (CDN) and other paid services (collectively referred to as the "Services").
As you will see later in TOS, Section 3 (Website Terms) is specific to your use of the website, and Section 4 (Service Terms) is specific to your use of the service.
When does this TOS apply to me?
Since we have some common language, we would like to ensure that you understand when and how TOS applies.
Firstly, you must understand that this is a binding legal contract necessary for the use of our website and services. Therefore, you can only use our website and services if you agree to have read, understood, and agreed to be bound by this TOS.
If you register for a service or create an account through our website, it will be considered as agreeing to Terms of Service by default, and 'Terms of Service' will take effect. If you purchase services through a separate written contract, this TOS will be included in the contract, regardless of whether it is indicated or not. Regardless of these other methods, this TOS applies and is legally binding on you and your access and use when you visit or use our website and services. These are common examples, and this paragraph may not necessarily include all other ways in which you can be constrained by this TOS.
How to handle disputes caused by TOS?
One of our TOS requirements is that you must agree to delete the content through direct and binding arbitration between you and LightCDN: what will happen to resolve disputes arising under this TOS? In arbitration, a neutral arbitrator or panel of arbitrators will listen to the arguments of both parties and make a convenient and cost-effective decision on the dispute. When these cases involve small claims, you can still file a lawsuit in court, but all other claims will be subject to arbitration.
You should understand that this means that neither you nor LightCDN has the opportunity to resolve certain disputes in court before a judge or jury. You will not be able to make claims in traditional trials, nor will you be able to participate in court-based Class action or similar proceedings.
1、 Qualifications and Registration
1.1 Before you use our website and services, you must ensure that such use complies with all laws, rules, and regulations applicable to you. If your use is prohibited or our regulations conflict with any applicable laws, rules, or regulations, your right to access the website and services will be revoked. It is your responsibility to make these decisions before using the website and services.
1.2 The website and services are not intended for use by anyone under the age of 18. By using the website and services, you declare and guarantee to us that: (a) you have reached the age of 18; (b) You have sufficient legal consent, permission, and ability in other areas to use the website and services in the applicable jurisdiction you have determined.
1.3 To access certain features of services and websites, you must register an account ("Account"). When you register your account, you may need to provide us with some information about yourself, such as your name, email address, and valid payment method. You can also voluntarily provide optional information about yourself. Account information, as well as our use and disclosure of it, are subject to privacy policies and data processing agreements.
1.4 We may, at our discretion, refuse to provide or continue to provide websites and services to any individual or entity, and may change the eligibility criteria at any time, including if you fail to comply with TOS. We reserve the right to suspend, terminate, block access, disable services, or delete any account or access websites and services at our sole discretion at any time.
2、 Ownership of LightCDN
2.1 Between you and LightCDN, the website and services are owned and provided by LightCDN. Name, logo, trademark, trade dress, arrangement, visual interface, graphics, design, compilation, information, data, Computer code (including source code or Object code), products, software, services and all other elements of the website, as well as services ("materials") The content we provide is protected by intellectual property rights and other laws. All materials included in the website and services are the property of LightCDN or its third-party licensors. You can only use the website and services in the manner expressly authorized by us and specified in this TOS. You should comply with and maintain all intellectual property notices, information, and restrictions contained in the website and services. We reserve all rights to websites and services that are not explicitly granted in these service terms.
2.2 If you choose to provide feedback and suggestions on issues or proposed modifications or improvements to the website and services ("Feedback"), you hereby grant us an unrestricted, permanent, irrevocable, non-exclusive, fully paid royalty - the freedom to utilize feedback in any way and for any purpose, including improving the website and services and creating other products and services.
2.3 You allow us to disclose you as a customer in our promotional and marketing materials, including by name, corporate logo, and communication trademark.
2.4 Certain materials provided by LightCDN are licensed under one or more open-source, knowledge-sharing, or similar licenses (collectively referred to as "open-source licenses"). Nothing in this TOS prevents, restricts, or is intended to prevent or restrict you from obtaining such materials under applicable open-source licenses or to restrict your use of such materials under these open-source licenses.
2.5 On the premise that you fully and continuously comply with this TOS and our rights therein, LightCDN grants you a limited, non-exclusive, non-transferable, non sublicensable, and revocable license to access and use the website and/or services described in, as well as to be bound by these service terms.
3、 Service content
3.1 Our services allow you to provide us with source code, files, software, processes, interfaces, data, text, settings, media, or other information for service storage, hosting, or processing (your "Service Content").
3.2 According to these service terms, by providing your service content to or through the service, you grant a LightCDN license to host, store, transmit, display, execute, copy, modify, and distribute your service content solely for formatting display purposes.
3.3 Between you and LightCDN, you reserve any copyright and other ownership that you may have in the service content.
3.4 If you resell the services under TOS to third parties, or if your products and services (bundled with TOS services) are allowed to be used by third parties through public websites, applications, or interfaces, certain TOS services will allow third parties to access, use, or share your service content. For this TOS, such other users are collectively referred to as your "end users". For clarity, the term 'end users' in this article includes all such other users, whether they are intermediaries or end users of other end users. It is your responsibility to ensure that your end users comply with this TOS.
3.5 You are fully responsible for your service content, end users, and any activities of your end users, and you agree that LightCDN will not and will not take any form of responsibility for your service content, end users, and/or your end-user activities in any way. By providing your service content through the service, you confirm, declare, and guarantee that:Your service content and your or your end users' use of your service content will not violate this TOS (including AUP) or any applicable laws, regulations, rules, or third-party rights;You are fully responsible for the development, review, operation, maintenance, support, and use of your service content, including when your service content is provided by your end users;Your service content and your or your end user's use of your service content will not and will not: (i) infringe, violate, or misappropriate any third party's rights, including any copyright, trademark, patent, trade secret, Moral rights, privacy, publicity or any other intellectual property or proprietary rights; (ii) defamation, defamation, defamation or infringement of the privacy, publicity or other property rights of any other person; (iii) Causing us to violate any laws, regulations, rules or third-party rights; Except for specific services provided to you under this TOS or other express contracts, you are fully responsible for the technical operation of your service content, including representing your end users.
3.6 You are responsible for correctly configuring and using the service, and taking your own steps to maintain the appropriate security, protection, and backup of your service content, which may include using encryption technology to protect your service content from unauthorized access and routine archiving of your service content. LightCDN does not promise to retain any storage or backup of your service content. You are fully responsible for the integrity, storage, and backup of your service content, regardless of whether your use of the service includes LightCDN backup features or functions. To the maximum extent permitted by law, LightCDN shall not be responsible for any data loss, unavailability, or other consequences related to the above.
4、 Code of Conduct
4.1 You must use the website and services following our AUP, which is incorporated by reference. Therefore, any website and service usage that violates AUP constitutes a violation of this TOS.
4.2 You are fully responsible for the activities that occur on your account, whether these activities are carried out by you, your employees, any third parties (including your contractors or agents), your end users, your licensees, or your clients.
4.3 It is your responsibility to inform your employees, agents, and other individuals related to your use of the website and services of the provisions of this TOS, including where the TOS terms are binding on them.
4.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, Reverse engineer or otherwise attempt to obtain any source code or basic idea or algorithm of any part of the website or service (including but not limited to any application program), unless such restriction is expressly prohibited by applicable laws to a limited extent; (ii) Derivative work that modify, translate or otherwise create any part of the website or services; (iii) Copy, rent, rent, distribute, or otherwise transfer any rights obtained by you under this Agreement. You should comply with all applicable local, state, national, and international laws and regulations. If any part of the website or service is subject to an open source license, such open source license shall apply regardless of this section.
4.5 We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (i) respond to any applicable laws, regulations, legal procedures, or government requirements; (ii) Execute these service terms, including investigating possible violations of these service terms; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) Respond to user support requests; (v) Protect the rights, property, or safety of us, our users, and the public.
4.6 You should use appropriate security protocols, such as setting strong passwords and access control mechanisms, protecting access to all login names and passwords, and verifying the credibility of personnel accessing information from trusted accounts. You are fully responsible for any unauthorized access to your account and must immediately notify LightCDN upon becoming aware of any such unauthorized access.
4.7 If you become aware of any security incidents or violations affecting the website or services, including unauthorized access to your account or account credentials, you should notify LightCDN and assist authorities or LightCDN in any investigation or legal action to investigate and correct security incidents or violations caused by your account or your use of the website and services. Our data processing protocol contains more information about security events related to certain personal data.
5、 Payment and billing
5.1 We use a third-party payment processor ("Payment Processor") to charge you through the payment account associated with your account (your "billing information"). In addition to this TOS, payment processing may also be subject to the terms, conditions, and policies of the payment processing party. We are not responsible for the actions or omissions of the payment processing party. You agree to follow our pricing and billing policies, and you hereby authorize us and applicable payment processors to collect all such payments into your account using the payment method specified or linked to your account (your "payment method").
5.2 You must provide the latest, complete, and accurate information for your account and billing information, and must promptly update all such information in the event of changes (such as changes in billing address, credit card number, or credit card expiration date). If your payment method is canceled (such as lost or stolen) or cannot be used for other reasons, you must immediately notify us or our payment processing party. You can change this type of information in your account settings.
5.3 By signing these service terms and using the service, you agree to regular billing and the fees will be automatically charged by us or our payment processor using your payment method when issuing invoices. If your payment method or fee payment is subject to other terms and conditions specified in the order, invoice, or other content, then in addition to this TOS, these other terms and conditions also apply. You may also be charged an amount not exceeding your current balance at any time to verify the accuracy of your account information. We reserve the right to suspend, terminate, block access, disable services, and/or delete any account or access websites and services at any time, including payment methods for unpaid, overdue payments, or failure to collect fees from you for invoicing.
5.4 The fee is nonrefundable. As we only support prepayment, you can decide whether to continue purchasing at your discretion. If you meet the termination conditions in TOS, we reserve the right to terminate you without a refund. We may also decide to provide you with a refund, discount, or credit ("credit") in specific circumstances at our discretion, but providing credit in specific circumstances does not entitle you to credit in similar future situations, nor does it oblige us to provide additional credit.
6、 Third party services
Websites and services may include links to third-party websites, services, or other resources on the internet, and third-party websites, services, or other resources may also include links to our websites and services. When you access third-party resources on the Internet, you need to bear the risk yourself. These third-party resources are not under our control, and to the maximum extent permitted by law, we do not assume any responsibility or obligation for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such resources. The inclusion of any such link does not imply our recognition or any association between us and any third party. To the maximum extent permitted by law, we do not assume any direct or indirect responsibility or obligation for any damage or loss caused or alleged to be caused or related to the use or reliance on any such third-party resources. We also allow certain suppliers to provide available supplier products in the LightCDN market ("suppliers" and "supplier products" are defined in the LightCDN market terms and conditions). The use of any supplier product may require you to directly agree to certain terms and conditions with the supplier, and LightCDN may not be a party to such agreements. You are responsible for protecting your system from the possible risks of third-party resources or vendor products described in this section, such as viruses, worms, Trojan Horse, and other security risks.
7、 Confidentiality and testing services
7.1 If you receive or possess any non-public information designated as confidential from us, or should reasonably be understood as confidential due to the nature of the information or the circumstances surrounding its disclosure, then such information is our "confidential information" and must be processed following this TOS. Confidential information includes but is not limited to (a) non-public information about our technology, customers, business plans, marketing and sales activities, finances, operations, and other business information; (b) The existence and content of our discussions or negotiations with you regarding the use of your account and/or services. Confidential information does not include any of the following information: (i) disclosed or publicly provided without violating this TOS; (ii) You can prove through documents that you were aware of our notification when you received it; (iii) Received from third parties who have not obtained or disclosed information through illegal or infringing acts or infringements of our or third party's rights;
7.2 You are not allowed to use confidential information unless permitted by these service terms or authorized in writing by us separately in connection with your use of the service. You agree not to disclose confidential information during the term of this TOS after you cease to use the service, and after this TOS ceases to apply. You will take all reasonable measures to avoid disclosure or unauthorized use of confidential information, including at least the measures you take to protect your confidential information of a similar nature.
7.3 We may provide a "beta version" or feature of the service (each referred to as a "beta service"). Any production candidate version or nonproduction version of the service, or other versions designated as beta or beta versions of the service, shall be considered as beta services under this TOS. We will determine the availability, duration, functionality, and components of each Beta service on our own. If we allow you to use Beta Services, you agree that the information we provide in relation to Beta Services is confidential, and in addition to the other requirements specified in this TOS, you specifically agree not to: (i) use Beta Services for benchmarking or performance testing, or publicly disseminate performance information or analysis from any source related to the Services; (ii) modify or create Derivative work of the Beta Service or delete any product logo, proprietary, copyright or other notices contained in the Beta Service; (iii) Allow any other individual to access or use the testing service. We will make our own decision whether to continue providing any Beta services and may stop providing any Beta services at any time.
8、 No warranty
8.1 Websites and services, including but not limited to any content delivered as part of them, are provided on an "as is" and "available" basis. LightCDN does not assume any type of express or implied warranty relating to the website and services, as well as all related content, including but not limited to (a) merchantability, fitness for a specific purpose, ownership, quiet enjoyment, or non-infringement; (b) Any guarantee arising in the course of trading, use or trade; © Any warranty or guarantee related to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not guarantee that: (i) the website or service is secure or available at any specific time or location; (ii) any defects or errors will be corrected; (iii) any content or software provided on or through the website or service is free from viruses or other harmful ingredients; (iv) The results of using the website or service will meet your requirements. Your use of the website and services is entirely at your own risk.To the maximum extent permitted by law, we do not assume any responsibility for the supplier's products. On the contrary, if applicable, all limited warranties, disclaimers, limitations of liability, and other specific terms related to the supplier's products can be found in the LightCDN market terms and conditions or (if applicable) the agreement between you and the supplier.
8.2 LightCDN is not responsible for the content accessed by you through the use of websites, services, or other users or third parties of LightCDN. To the extent permitted by applicable law, you exempt us from all liability related to such content. You acknowledge and agree that we make no representations regarding any content contained in or accessed through the website, or the content of LightCDN or other third-party users, and we assume no responsibility or obligation for the accuracy, quality, legality, or other attributes of such content.
8.3 LightCDN does not deny any warranties or other rights that are prohibited by applicable law from being waived by LightCDN.
9、 Limitation of Liability
9.1 To the maximum extent permitted by law, in no event shall we be liable to you for or in connection with your access to or inability to access or use the website and services or any materials or content on the website and services, whether based on warranty, contract, tort (including negligence), regulation or any other legal theory, and whether or not we have been informed of the possibility of damage. To the maximum extent permitted by law, you agree that we shall not be liable for any data that may be damaged, lost, or otherwise inaccessible, whether due to your failure to backup the data or for any other reason.
9.2 Each provision in these service terms that specifies limitations of liability, disclaimers of warranties, or exclusions of damages is intended to and does allocate risks among the parties under these service terms. This allocation is a fundamental element of the transaction foundation between you and us. Each of these terms is severable and independent of all other terms of this TOS. Even if any limited remedial measures fail to achieve their basic purpose, the limitations in this section will apply.
To the maximum extent permitted by law, you shall be responsible for your use of the website and services, and you shall defend, indemnify, and hold us harmless from all liabilities, claims, and expenses incurred or related to your service content, user content, your end users, or your access to or use of the website and services, and for us and our employees, officers, directors, agents, contractors, and representatives, including reasonable legal fees and costs, including your violation of this TOS or applicable laws, intentional misconduct, negligence, illegal activities, violation of security or data, unauthorized access or use of your account, or infringement of third-party rights, including any intellectual property, confidentiality, property or privacy rights. We reserve the right to exclusively defend and control any matter that you require compensation for but do not limit your obligation to compensate for that matter. In such cases, you will make every effort to assist and cooperate with us in defending the matter at your own expense.
If the other party seriously or continuously violates any provision of this agreement and the breach cannot be remedied, or if the other party fails to remedy the breach within 30 days after receiving written notice requiring it to remedy the breach, either party may terminate this agreement at any time by giving written notice to the other party.
Although we would prefer to give prior notice of termination, we reserve the right to terminate all or any part of your access to the website and/or services at any time, with or without notice, with immediate effect. Any such termination may result in the immediate confiscation and destruction of data related to your account. Unless otherwise specified in this agreement or explicitly agreed by both parties, any and all fees paid to us shall not be refunded, and any and all fees still owed to us upon termination shall immediately become due and payable. After termination, any and all rights granted to you under these service terms will immediately terminate, and you must also immediately cease all use of the website and/or services.
12、 Miscellaneous Provisions
12.1 Updates and Modifications. LightCDN reserves the right to update, modify, or otherwise modify this TOS at its sole discretion at any time. If LightCDN updates this TOS, LightCDN may provide notification of such updates, such as by sending an email notification to the email address listed in your account and/or updating the "last update" date at the beginning of this TOS. The update will take effect on the date specified in the notification. By continuing to access or use the website or service after the date specified in the notice or updated service terms, you agree to accept and be bound by the updated service terms and all terms contained therein. If you do not agree with the updated TOS.
12.2 General. This service term, including all documents explicitly incorporated by reference, constitutes the entire agreement between the parties and supersedes all previous and contemporaneous written or oral agreements, suggestions, or statements regarding its subject matter. The use of chapter titles in this TOS is for convenience only and will not affect the interpretation of any terms. Any use of the singular should be reasonably interpreted as if it also includes the plural, and vice versa. If not explicitly stated, any use of "including" or "for example" should be interpreted as "including but not limited to". If any part of this TOS is deemed invalid or unenforceable, the unenforceable part will take effect to the fullest extent possible, and the remaining parts will remain fully valid.
12.3 Allocation. Without our prior written consent, you may not transfer, transfer, or entrust this TOS or any of your rights and obligations under TOS in whole or in part through legal or other means. We may transfer, transfer or delegate this TOS or our rights and obligations under this TOS without notice or consent. According to this section, this TOS shall be binding on and inure to the interests of all parties and their respective permitted successors and assigns, and any transfer or transfer that violates this section shall be invalid.
12.5 Relationship between both parties. Each party is an independent contractor. This service term does not establish a partnership, franchise, joint venture, agency, trust, or employment relationship between the parties. Neither party or any of their respective subsidiaries is an agent of the other party and has no authority or authority to bind the other party for any purpose.
12.6 Force Majeure. If LightCDN engages in any act or event beyond LightCDN's reasonable control, including but not limited to acts of God, war, riots or riots, strikes, any actions of government entities, weather, quarantine, fires, floods, earthquakes, explosions, utility or telecommunications interruptions, internet interference, epidemics, epidemics, or any unforeseeable changes in circumstances, or any other reasons beyond our reasonable control.
12.7 No Third Party Beneficiaries. This TOS does not create any third-party beneficial rights against any person or entity that is not a party to this TOS.
12.8 Government Use. LightCDN provides websites and services, including relevant software and technology, and the final use of the federal government is only in accordance with the following provisions: the government technical data and software rights related to websites and services only include the rights provided to the public according to practices, such as the terms of this service.
Copyright 2023 LightCDN, LLC. All rights reserved. Without the prior written permission of LightCDN, no part of the LightCDN website may be copied, modified, or distributed in any form or manner.