Terms of Cloud-CDN
Cloud-CDN HIT
Effective Date: May 2, 2025
Welcome to Cloud-CDN! As used in these Terms of Use, “Cloud-CDN,” “us” or “we” refers to Cloud-CDN, Inc. and its affiliates. “Cloud-CDN” refers to its affiliates.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. These terms of use (the “Terms”), along with Cloud-CDN Privacy Policy, govern your use of Cloud-CDN Websites and Online Services. For the purposes of these Terms, (i) “Websites” refers to the domain Cloud-CDN, as well as the other websites that Cloud-CDN and that link to these Terms, and (ii) “Online Services” means Cloud-CDN services that are publicly available without a Cloud-CDN account, including, but not limited to, the Cloud-CDN Image Optimization, Critical/Unique CSS Generation, and Low Quality Image Placeholder services. If you do not agree to these Terms, you must not access or use our Websites or Online Services.
THESE TERMS DO NOT APPLY TO YOUR ACCESS AND USE OF THE Cloud-CDN SERVICES THAT ARE PROVIDED UNDER THE Cloud-CDN SELF-SERVE SERVICE AGREEMENT, OR OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND Cloud-CDN (IF APPLICABLE).
If there is a conflict between these Terms and additional terms applicable to a given Website or Online Service, the additional terms will control for that conflict.
ACCOUNT REGISTRATION, VERIFICATION AND SAFETY
Our Website allows opening an account with certain functionalities to be indicated from time to time by us. You must provide accurate and complete information when opening your account with us, including all mandatory fields on the registration form, and you hereby agree to keep the password chosen upon creating your account as confidential and not to communicate it to third parties.
If you lose or disclose your account credentials, you must promptly inform us, since you are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. Please notify us immediately of any breach or unauthorized use of your account.
ELIGIBILITY
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age or the age of legal majority for your region; (ii) that you have not previously been suspended or removed from the Websites and Online Services and (iii) that your use of the Websites and Online Services is in compliance with any and all applicable laws and regulations.
Cloud-CDN does not knowingly collect any kind of information from any person under the age of thirteen (18). If we learn or have reason to suspect that any user or that any client, project or customer data appertains persons under the age of thirteen (18), we will freeze and/or delete any Personal Information (as such term is defined in our Privacy Policy) under that user’s account, without prior notice and without responsibility.
We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
LICENSE GRANT TO Cloud-CDN
By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments (“Content”) to any Website or Online Service, you are granting Cloud-CDN a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You will retain ownership of your Content, however, any use of your Content by Cloud-CDN may be without any compensation paid to you. By submitting, posting, and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
You hereby grant Cloud-CDN an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Cloud-CDN regarding the Site and Online Services.
TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE WEBSITES AND ONLINE SERVICES
We may at our sole discretion suspend or terminate your access to the Websites and/or Online Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Websites and/or Online Services at any time (including, without limitation, by limiting or discontinuing certain features of the Websites and/or Online Services) without notice to you. We will have no liability whatsoever on account of any change to the Websites and/or Online Services or any suspension or termination of your access to or use of the Websites and/or Online Services.
THIRD-PARTY WEBSITES
The Websites and Online Services may contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content nor do they constitute an endorsement by Cloud-CDN of the content of such websites. Cloud-CDN is not responsible for the content of any linked websites and makes no representations or warranties regarding the accuracy or completeness of the information contained on such websites. Your use of any linked websites is at your own risk.
OWNERSHIP; PROPRIETARY RIGHTS
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites and Online Services (the “Materials”) provided by Cloud-CDN are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Websites and Online Services are the property of Cloud-CDN or our third-party licensors. Except as expressly authorized by Cloud-CDN you may not make use of the Materials. Cloud-CDN reserves all rights to the Materials not granted expressly in these Terms.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Cloud-CDN or our Services, in whole or in part.
CONTENT MODERATION
Cloud-CDN encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Online Services.
Our Services do not currently incorporate interactive public discussion forums, chat groups, bulletin boards, review services or other types of forums, but we reserve the right to implement them in the future. If we elect to activate said type of Online Services, then you or other users may be able to post user generated content (e.g. questions, messages) via our Website. We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.
The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you may provide to us via our Online Services. In such manner, each piece of content that you may send, upload, post or disseminate through the Website is intended for public review by other Cloud-CDN users and content that you share with us will result in such content being made publicly available for users in our Online Services.
Cloud-CDN has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. posts, feedback, comments, questions and other content) within the Online Services in order to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Online Services that we find to be in violation of our Terms, Privacy Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Cloud-CDN and our Online Services.
By using our CDN services, you agree that any disputes arising from such use will be resolved amicably through mutual discussion. You further agree not to initiate any legal action against us in connection with these services. You further acknowledge that any legal action inconsistent with these terms shall not be valid or enforceable to the fullest extent permitted by law.
PROHIBITED USES
As a condition of your use of the Websites and Online Services, you will not use the Websites or Online Services for any purpose that is unlawful or prohibited by these Terms, including but not limiting to: Use the Websites or Online Services in any manner that could damage, disable, overburden, disrupt or impair any Cloud-CDN controlled servers or APIs, or any networks connected to any Cloud-CDN server or APIs, or that could interfere with any other party’s use and enjoyment of any Websites or Online Services. Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Websites or Online Services. Exceed or circumvent, or try to exceed or circumvent, limitations on the Websites or Online Services, including on any API calls, or otherwise use the Websites or Online Services in a manner that violates any Cloud-CDN documentation or user manuals. Attempt to gain unauthorized access to any Websites or Online Services, other accounts, computer systems, or networks connected to any Cloud-CDN server or to any of the Websites or Online Services through hacking, password mining, or any other means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Online Services. Use the Websites or Online Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Infringe these Terms, or allow, encourage or facilitate others to do so. Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder. Republish, sell, rent or sub-license content or materials from the Website without our authorization. Reproduce, duplicate or copy material from the Website without our authorization. Use any automated or manual process to obtain, copy, process, access and/or use our Website or Online Services or any part therefrom to capture unauthorized data or content, for any purpose. Undertake any action that will or may cause an unreasonable load on Cloud-CDN ’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Cloud-CDN . Use the website or online services to host pornographic or obscene material, extremist content or content that offends common decency, gambling, material that could seriously endanger the morals of children or young people or violate the rights of third parties (copyrights, name rights, trademark rights and data protection rights). This also includes the publication of defamatory content, insults or disparagement of persons or groups of persons. You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Cloud-CDN and our Services.
INDEMNITY
You agree that you will be responsible for your use of the Websites and Online Services, and you agree to defend, indemnify, and hold harmless Cloud-CDN and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Cloud-CDN Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Websites and Online Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
By using our CDN services, you agree that any disputes arising from such use will be resolved amicably through mutual discussion. You further agree not to initiate any legal action against us in connection with these services. You further acknowledge that any legal action inconsistent with these terms shall not be valid or enforceable to the fullest extent permitted by law.
DISCLAIMERS; NO WARRANTIES
THE WEBSITES AND ONLINE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE Cloud-CDN ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITES AND ONLINE SERVICES. AS SUCH, YOUR USE OF THE WEBSITES AND ONLINE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE Cloud-CDN ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND ONLINE SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DISCLAIMER OF DAMAGES
IN NO EVENT WILL THE Cloud-CDN ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES AND ONLINE SERVICES OR ANY MATERIALS OR CONTENT ON THE WEBSITES AND ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE Cloud-CDN ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
LIMITATION OF LIABILITY
By using our services, you agree that you do so at your own risk. We do not guarantee that our services will be uninterrupted, error-free, or free from harmful components. In no event shall we be obligated to compensate or pay any amount for any losses or damages suffered by you in connection with the use of our services.
CHANGES TO THESE TERMS
Cloud-CDN reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Websites and Online Services.
CHANGES TO THE SERVICES
Cloud-CDN reserves the right to modify these Terms at any time without notice to you. Any modifications will be effective immediately upon posting on our Website. As a general rule, we will try to not diminish the functionalities available to your Online Services, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms. Please refer to the last effective date where changes were last undertaken by us. Your use of our Online Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Contact Us
If you would like to update information that you have voluntarily provided to us, stop receiving information from us, please e-mail cloudcdnhit@gmail.com