terms of service

This Agreement is entered into on the date the order is placed, (the “Effective Date”) by and between the Customer listed below (“Customer Name”) and Cloud CDN. Customers and Cloud CDN are sometimes referred to collectively in this Agreement as the “Parties.”
PLEASE READ THIS This Agreement is entered into on the date the order is placed, (the “Effective Date”) by and between the Customer listed below (“Customer Name”) and Cloud CDN. Customers and Cloud CDN' are sometimes referred to collectively in this Agreement as the “Parties.”
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE “ORDER NOW” BUTTON ON THE ORDER FORM REFERENCED HEREIN OR BY SIGNING OUR SERVICE ORDER or AGREEMENT or PAYING AN INVOICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, Cloud CDN's PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT
Customer desires to engage Cloud CDN for, but not limited to, providing content delivery network and related services to Customers live video and audio content on the World Wide Web (the “Website”) and providing metered bandwidth to Customer over the Internet.

Supplemental Terms:

CDN Commitment & Interim Payment

The customer will commit for Bandwidth monthly usage and the customer also agrees to add credits in advance to the account by making interim payments equivalent to the monthly commitment or agreed by the billing team which will be added as an account credit and can be applied towards the overage invoices.
To carry out these tasks, the Parties agree to the following:

1. How Do We Protect Your Information?

1.1 Browser

The term “Browser” refers to a program used to provide interactive, graphical access to sites on the World Wide Web.

1.2 Internet

The term “Internet” refers to the global network of computers using the TCP/IP protocol for communication.

1.3 Web

The term “Web” refers to the World Wide Web. The Web is a graphical interface used to access sites on the Internet.

1.4. Website.

The term “Website” refers to a series of interconnected Hypertext Markup Language documents capable of residing on a single CDN server or computer.

2. CDN Services

Streamfast will provide a content delivery network and related services to the Customer (the “CDN”):
Standard: Cloud CDN
Volume: Cloud CDN & GCore
Premium: GCore
Enterprise: Akamai
For more details on networks click here!
Cloud CDN's Content Delivery Network will be available to Internet users approximately 24 hours a day, normal maintenance and unforeseen hardware or communications problems excepted. To minimize server downtime during peak usage periods, Streamfast will schedule routine maintenance during the hours of lowest on average usage of Streamfast’s network.

2.1 Storage

Disk space through Cloud CDN's website as amended on CDN’s server for the storage of the parts of the Website and any data files associated with the Website at various times. Additional disk space is available at a rate per GB each month as listed on Cloud CDN's website as amended from time to time at Streamfast’s sole discretion.

2.2 Bandwidth

Monthly/Yearly bandwidth (data transfer) as stated on Cloud CDN's website as amended from time to time at Cloud CDN's sole discretion. Bandwidth generally expires 1 month or yearly after purchases unless explicitly stated otherwise. Bandwidths are not carried forwarded or rolled over!

2.2.1 Midgress Bandwidth

The Enterprise network enabled by Akamai charges 50% of the Midgress BW! Midgress BW is the Total object bytes transferred from one Edge server to another Edge Server. This includes prefetched content and inter-media format fragments.

2.3. Availability of Streamfast

Cloud CDN's Content Delivery Network will be available to Internet users approximately 24 hours a day, normal maintenance and unforeseen hardware or communications problems excepted. To minimize server downtime during peak usage periods, Cloud CDN's will schedule routine maintenance during the hours of lowest on average usage of Cloud CDN's network.

2.4. CDN SLA & Service Credits

Only BW service credits will be credited to the client account. Cloud CDN guarantees CDN performance of 99%. If our network does not experience 99% performance or uptime in a given month, Streamfast will refund 5% of the customer’s monthly service fees for those servers affected, for every 60 minutes of CDN downtime experienced up to 100% of the monthly service fees.
Cloud CDN is not liable for any downtime due to the origin server or network at the Customer side.

2.5. Recording Service SLA

Cloud CDN guarantees a recording service of 98% for each channel that clients publish to our origin server. The recording will be only active if the live stream is published.
Custom recording SLA is not included in this agreement as it is limited to the custom server allocated to the Customer.

2.6. Log Information

Customers will have access to basic usage statistics via the Web. Raw logs can be made available upon request and at a cost.
MultiCDN Customers have limited access to raw logs as not all partners store raw logs or may require to add it as an ADD ON to activate the same.

2.7. Backups

The customer is solely responsible for all backups. Basic & Standard storage packages Customer is solely responsible for all backups. Cloud CDN will take necessary steps to avoid complete data loss, by taking backup but not guaranteed.
Cloud storage redundancy is assured.

3. Compensation

No refunds would be entertained by Cloud CDN. The price for all services provided by Cloud CDN to Customer will be in US Dollars as described on Cloud CDN's website. Cloud CDN's pricing may be amended from time to time at Cloud CDN's sole discretion. Cloud CDN may provide limited technical support as part of the Customer’s service package and may charge customers additional fees for such services. Unless otherwise determined by Cloud CDN in its sole discretion, Cloud CDN will invoice customers for any Cloud CDN products and services monthly. All invoices are due and payable upon receipt. All sales are final and unless otherwise agreed to by Cloud CDN in writing.

4. Terms and Cancellations

4.1.

The initial term of this Agreement shall be for 12 months in case of yearly commitment or on a Month to Month basis unless otherwise specified in writing and/or outlined in the Order Form (the “Initial Term”) at the time of ordering the service. The Initial Term shall begin upon receipt of payment from the Customer. After the Initial Term, this Agreement shall always continue to automatically renew at the then-current Streamfast pricing on the anniversary of the Customer’s beginning term date.

4.2. 

This Agreement may be terminated (A) by giving Cloud CDN thirty (30) days prior written notice in case of yearly commitment or seven (7) days in case of Month to Month commitment, (B) by Cloud CDN in the event of nonpayment by Customer, (C) by Cloud CDN at any time, without notice, if in Cloud CDN's sole and absolute discretion and/or judgment, Customer violates any term or condition of this Agreement and related agreements, Cloud CDN's Usage Policy, or if Customer’s use of the Services disrupts or, in Cloud CDN's sole and absolute discretion and/or judgment, could disrupt Cloud CDN's business operations. Unless the Customer raises a cancellation request, the system would be generating and sending automated invoices, which should also be met by the customer in case of dispute generated on a later date.

4.3. 

Cloud CDN reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be Prorated and refunded by Cloud CDN to the customer if Cloud CDN initiates its right of cancellation and the customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s breach of the Terms and conditions, then the customer agrees that no refund is due and any prepaid charges are considered liquidated damages to Cloud CDN. The customer understands that service(s) may be canceled at any time effective at the end of the contract.

4.4. 

All account cancellations must be done via our electronic cancellation form or by opening up a cancellation ticket or by submitting a cancellation request from the control panel. Notifications of cancellation must be made at least 7 days before the successive rebill period. Cloud CDN reserves the right to deny, forfeit or refuse to refund at any time if necessary. Third-party cancellations are not accepted.

4.5. 

Early termination or cancellation of yearly contract, the customer agrees to pay the remaining contract period amount in full at the time of cancellation.

5.Customer Warranties 

Customer represents and warrants to Cloud CDN that:(a) Customer owns or has the right to use all material provided to Cloud CDN, including all text, graphics, sound, video, programming, scripts, and applets; and
(b) The use, reproduction, distribution, and transmission of the content, or any information or materials contained in it, on and from Cloud CDN server computer does not: (1) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; (2) violate any criminal laws; (3) constitute false advertising, unfair competition, defamation, and invasion of privacy, violate a right of publicity, or violate any other law or regulation.

6. Limitations of Warranties and Liability

The customer agrees that its use of Services and its reliance upon the information provided by Streamfast are entirely at the Customer’s own risk. The customer acknowledges and agrees that Streamfast exercises no control over, and accepts no responsibility for, the content of data, scripts, or other information passing through Streamfast’s host computers, network hubs, and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS-IS, AS AVAILABLE BASIS. NEITHER Streamfast, ITS CUSTOMERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE SERVICES OR ANY EQUIPMENT PROVIDED IN CONJUNCTION THEREWITH. NEITHER Streamfast NOR ITS CUSTOMERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Streamfast IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM the CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY Cloud CDN Hosting. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Cloud CDN Hosting EMPLOYEE, CUSTOMER, OR AGENT WILL CREATE A WARRANTY; NOR MAY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS, EMPLOYEES, OR AGENTS RELY ON ANY SUCH INFORMATION OR ADVICE. The parties hereby agree that the terms of this section shall survive any termination of this Agreement.

7. Limitation of Liability

7. 1

Under no circumstances, including negligence, shall  Cloud CDN's or any of its employees, Customers, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its Customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Cloud CDN has been advised of the possibility of such damages. No Cloud CDN Person shall be liable to Customer, any of its Customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Cloud CDN records, programs, equipment or services.

7. 2

Under no circumstances, including negligence, shall Cloud CDN or any of its employees, Customers, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its Customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Cloud CDN has been advised of the possibility of such damages. No Cloud CDN Person shall be liable to Customer, any of its Customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Cloud CDN records, programs, equipment or services.

7. 2

Under no circumstances, including negligence, shall Cloud CDN or any of its employees, Customers, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its Customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Cloud CDN has been advised of the possibility of such damages. No Cloud CDN Person shall be liable to Customer, any of its Customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Cloud CDN's records, programs, equipment or services.

7. 3

Notwithstanding anything to the contrary in this Agreement, Cloud CDN's maximum liability under this Agreement for all damages, losses, costs, and causes of actions from any claims regardless of the legal theory or the nature of the cause of action shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses, and causes of actions during the twelve (12) month period before the date the cause of action arose or the injury or loss occurred.

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