This Acceptable Use Policy (“AUP”) specifies the actions prohibited by MaxCDN. MaxCDN is a brand of NetDNA, LLC. NetDNA, LLC is a Delaware Limited Liability Company (hereinafter referred to as “MaxCDN”). This AUP specifies prohibited user behavior of MaxCDN’s Content Delivery Network (“CDN”). MaxCDN reserves the right to modify this AUP at any time by posting an updated version of this documents at MaxCDN’s website.
MaxCDN’s CDN and all other services 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
MaxCDN allows “adult content” providers to use MaxCDN’s services. There are no restrictions on what “adult content” providers may serve, however all content must be legal under the laws of the United States of America and each of the 50 States of the Union, and “adult content” providers must abide by all other Terms of Service at all times
Malicious or Unauthorized Hacking
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. MaxCDN 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
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is explicitly prohibited
Sending unsolicited mail messages (SPAM), including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server or system to relay mail without the express permission of the site. In addition, this policy applies to any email or content transmitted by a user or on a users behalf which uses a MaxCDN account as a mailbox for responses or promotes content hosted or transmitted using MaxCDN facilities, or which indicates in any way that MaxCDN was involved in the transmission of such email or content.
Complaints regarding suspected Illegal Use or System or Network Security issues should be sent to firstname.lastname@example.org.
Last Modified: 11-18-2013
Infringement Notifications under the Digital Millenium Copyright Act
To file a notice of infringement with MaxCDN or any of NetDNA’s brands (NetDNA is the parent company of MaxCDN), you must provide a written communication that contains your LEGAL SIGNATURE (we cannot process a DMCA complaint without a signature) by email (in PDF format), fax or regular mail that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a past case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice will be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org). You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When MaxCDN receives a counter notification, we may reinstate the material in question. To file a counter notification with MaxCDN or any of our brands, you must provide a written communication that contains your LEGAL SIGNATURE (we cannot process a DMCA complaint without a signature) by email (in PDF format), fax or regular mail that sets for the items specified below. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at Chilling Effects.
To expedite our ability to process your request, please use the following format (including section numbers):
OR fax to:
(323) 843-9584, Attn: MaxCDN DMCA Complaints
OR email a PDF to: email@example.com
For any additional questions regarding the DMCA process for MaxCDN services, please contact us at firstname.lastname@example.org or (323) 313-1206.
Last Modified: 11-18-2013
MaxCDN demonstrates its commitment to customers’ privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. MaxCDN will never violate that trust.
Personal Data Transmissions Are Encrypted
When you order from MaxCDN, all your personal information is protected. We use Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers. MaxCDN Will Not Sell Your Personal Information. MaxCDN keeps all your information confidential.
MaxCDN is dedicated to providing the best content delivery network service possible to every one of our clients. We are also dedicated to staying on top of available technology. While MaxCDN strives to provide our clients with reasonable notification, MaxCDN reserves the right to change its policy at any time to meet the needs of our customers, changing laws and new technology.
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Last Modified: 11-18-2013
This Service Level Agreement (“SLA”) is a policy governing the use of the MaxCDN Service (“CDN Service”) under the terms of the Terms of Service (the “MaxCDN Terms of Service”) between NetDNA, LLC doing business as “MaxCDN”, NetDNA, LLC is a Delaware Company (hereafter referred to as “MaxCDN”) and users of MaxCDN’s services (“Customer”). This SLA applies separately to each MaxCDN Enterprise account. Unless otherwise provided herein, this SLA is subject to the terms of the MaxCDN Enterprise Agreement and Terms of Service and capitalized terms will have the meaning specified in the MaxCDN Terms of Service. MaxCDN reserves the right to change the terms of this SLA at any time and in its sole discretion in accordance with the MaxCDN Terms of Service. This MaxCDN SLA states and represents Customer’s sole and exclusive remedy for any failure by MaxCDN to meet the MaxCDN SLA. In the event of any conflict between this SLA and MaxCDN’s Enterprise Service Agreement or Terms of Service, the Enterprise Service Agreement or Terms of Service will govern.
MaxCDN will use commercially reasonable efforts to make CDN Service available with a Monthly Uptime Percentage (defined below) of 100% during any calendar month (the “Service Commitment”). In the event MaxCDN does not meet the Service Commitment, Customer may be eligible to receive a Service Credit as described below.
“Error Rate” means: (i) the total number of internal server errors returned by MaxCDN as error status “Internal Error” or “Service Unavailable” divided by (ii) the total number of requests during that five minute period. MaxCDN will calculate the Error Rate for each MaxCDN account as a percentage for each five minute period in a calendar month. 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 MaxCDN SLA Exclusions (as defined below). “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle. “Service Credit” is a dollar credit, calculated as set forth below, which MaxCDN may add to the end of Customer’s term for the Service.
|Monthly Uptime Percentage||Service Credits|
|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%|
MaxCDN will apply any Service Credits directly to Customer’s MaxCDN Account by adding the Service Credit to the end of Customer’s term for the Service. Service Credits shall not entitle Customer to any refund or other payment from MaxCDN. A Service Credit will be applicable and issued only if the credit amount for the applicable calendar month is greater than fifty dollars ($50 USD). Service Credits may not be transferred or applied to any other MaxCDN – Service Level Agreement account. Customer’s sole and exclusive remedy for any unavailability or non-performance of CDN Service or other failure by MaxCDN 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 MaxCDN.
Service Credit Request – Notice Requirement
To receive a Service Credit, Customer must submit a request by emailing: email@example.com with the subject heading: ‘SLA Claim’. To be eligible, the 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 asterisks); and (iv) be received by MaxCDN within forty-eight (48) hours of MaxCDN’s suspected failure to provide 100% uptime under this SLA. If MaxCDN determines that the Monthly Uptime Percentage applicable to the month of such request is less than 100%, then MaxCDN will issue the Service Credit to Customer within one billing cycle following the month in which the error occurred. 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 our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of any MaxCDN Global Point of Presence, including any denial-of-service attacks on a single or multiple CDN nodes; (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 MaxCDN’s Terms of Service; (VI) related to Customer maintenance, configurations, negligence, accidents or omissions or use of MaxCDN’s network or services in breach of MaxCDN’s Terms of Service or Acceptable Use Policy. Under no circumstances will any tests (for example PING tests) performed by Customer, its vendors or partners be recognized by MaxCDN 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 MaxCDN of changes to Customer’s technical contacts lists may result in the denial of credits under this SLA. The SLA objectives contained herein apply only to MaxCDN CDN customers with a valid and signed MaxCDN Enterprise Service Agreement in good standing; they do not apply to customers of Customer or Customers that signed up using a promotional offer without a signed Enterprise Service Agreement. If availability is impacted by factors other than those used in our calculation of the Error Rate, MaxCDN may issue a Service Credit considering such factors in our sole discretion.
Last Modified: 11-18-2013
This Agreement is entered into on the date the order is placed, (the “Effective Date”) by and between Customer listed below (“Customer”) and MaxCDN, a brand of NetDNA, LLC., NetDNA, LLC is a Delaware Limited Liability Company (hereafter referred to as “MaxCDN”). Customer and MaxCDN are sometimes referred to collectively in this Agreement as the “Parties.
Customer desires to engage MaxCDN for the purpose of, but not limited to, providing content delivery network and related services to Customer’s site on the World Wide Web (the “Website”) and providing metered bandwidth to Customer over the Internet.
The term “Browser” refers to a program used to provide interactive, graphical access to sites on the World Wide Web.
The term “Internet” refers to the global network of computers using the TCP/IP protocol for communication.
The term “Web” refers to the World Wide Web. The Web is a graphical interface used to access sites on the Internet.
The term “Website” refers to a series of interconnected Hypertext Markup Language documents capable of residing on a single CDN server or computer.
Disk space through MaxCDN’s website as amended on CDN’s server for 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 MaxCDN’s website as amended from time to time at MaxCDN’s sole discretion.
Monthly bandwidth (data transfer) as stated on MaxCDN’s website as amended from time to time at MaxCDN’s sole discretion. Bandwidth generally expires on the billing date (for example monthly or annually) unless explicitly stated otherwise.
Availability of MaxCDN
MaxCDN’s Content Delivery Network will be available to Internet users approximately 24 hours a day, subject to planned or unplanned maintenance and network interruptions. To minimize server downtime during peak usage periods, MaxCDN will schedule routine maintenance during the hours of lowest on average usage of MaxCDN’s network. A 100% uptime SLA is available for MaxCDN Enterprise customers.
Customer will have access to usage statistics via the Web.
Customer is solely responsible for all backups.
Last Modified: 11-18-2013
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