Terms of Service

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This website is operated by Optimal CDN. Through the site, the terms "we" and "us" refer to Optimal CDN. Optimal CDN offers this Web site, including all information, tools and services available on this site for you, the user, conditioned on your acceptance of all the terms, conditions, policies and notices set forth herein.


By visiting our site and/or using our services, you take part in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the terms and conditions and additional policies that reference herein and/or available from hyperlinks. These conditions of service apply to all users of this website, including without limitation users who are browsers, suppliers, customers, traders and/or content contributors.


Please read these Terms of Service carefully before accessing or using our services. By accessing or using our services you accept these terms and agree to the terms of this agreement and all terms and conditions incorporated by reference in this agreement, including but not limited to our privacy policy. Using our services is expressly limited acceptance of these Terms of Service.


Any new features or tools to be added to our services are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this web page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access to the web site after the posting of any changes constitutes acceptance of those changes.


ACCEPTANCE OF USE
By using our services the client hopes to hire Optimal CDN in order to provide content distribution services and / or related to the client and / or client web sites on the World Wide Web (Internet) services and provide bandwidth, speeding up your web site, consulting, custom programming and other services to the customer site.


To organize and distribute the customer content, it is necessary that our servers store in cache copies of files temporarily. With the use of our content delivery services, you acknowledge that these copies are being made, and give us permission (license) to maintain these copies and make them publicly available to Internet users. You are solely responsible for providing the content and other data that make up your website. You retain the intellectual property rights that you hold in that content. The temporary file storage does not provide data backup as a service provided to the customer, the latter being solely responsible for the backup of all your data and files. Optimal CDN disclaims any and all liability for backing up files, data and customer content as well as the integrity and content of customer files.


All material on this web site, including but not limited to text, images, illustrations, code, scripts of audio / video is protected by copyrights which are owned and controlled by Optimal CDN. The material on this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, unless you receive written permission to do so.


ILLEGAL AND IMPROPER USE OF THE SERVICE
Optimal CDN can take corrective action immediately, including the removal of part or all of the contents of any of our customers, disconnection or interruption of any service if any of our customers or anyone accessing any of your accounts is involved in any use termed as prohibited. You agree that we shall have no liability to the client or customer of any customers because we can take corrective action (including, without limitation, the disconnection of services).


The customer should not try to overload any of our property or take any action that imposes an unreasonable or disproportionately large load on any of our properties, including any network connected to us. In the case of an excessive amount of resources used by the customer, we may, at our discretion, set limits on the use of customer bandwidth.


Actions that could result in retaliation against any of our properties and any network connected to us, including actions that result in any of our servers are target for a denial-of-service attack is prohibited.


Is prohibited any attempt to gain unauthorized access or manipulate accounts, networks, software or other data, information, materials or other property of us or from any of our customers, or to circumvent security measures implemented by us to access any property.


The customer shall not spy or try to monitor data traffic on any of our properties (including any related network) from other customers without prior consent of such customers.


The use of our services for the creation, transmission or sending malicious code or from destructive nature, examples of which include but are not limited to, viruses, worms and Trojan horses, or to excessive ping, data floods, or participate in denial of service attacks is prohibited and is a violation of this agreement. The client also agrees not to engage in any activity that seeks to disrupt or interfere with, or resulting in the interruption or interference with the ability of others to effectively use the services (or any connected network, system, service or equipment).


Is prohibited the engage in any activity that, in our sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere or be harmful to) Optimal CDN services and business, operations, reputation, goodwill, customers and/or customer relationships, or the ability of our customers to effectively use our services. Such prohibited activities include making available any program, product or service that is designed to or may be used to violate this agreement. Furthermore, the fact that a customer decides not to cooperate with us in correcting or preventing violations of this agreement is a violation of this agreement.


The use of our services to engage in any activity which are determined by us, in its sole and absolute discretion, as illegal or that we believe are likely to be found to be illegal, is prohibited. This kind of illegal or potentially illegal activities include, but are not limited to, store, post, display, transmit or obtain passwords and information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without consent, and breach of privacy laws applicable online. Optimal CDN will cooperate fully with the appropriate agencies and authorities in relaion with any and all illegal activities occurring on or through our services.


You may not use our services for any illegal or unauthorized use or can use the service to violate any laws in your jurisdiction (including but not limited to copyright laws).


A breach or violation of any terms of service will result in immediate termination of your services.


VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS
Optimal CDN does not actively monitor the files stored on our content distribution network. All content distributed through your account is the sole responsibility of you, the customer. We do not provide any legal coverage to people or companies who use our services to distribute any content with any copyright protection. In any case Optimal CDN is not responsible for the behavior of our customers or users if they distribute protected content. All licensing issues, copyrights and royalties are solely the responsibility of individual customers and/or their production entities.


Customer agrees to not violate any intellectual property rights and shall not resell services avoiding violate any intellectual property right. Any violation of individual rights or intellectual property entity, including rights of privacy and publicity rights are prohibited.


If Optimal CDN is contacted by a competent authority on an illegal situation in relation with any of our customers, we will cooperate fully in any investigation that the relevant authority decides to perform in front of customers that are in any violation of the law.


TOTAL AGREEMENT
These conditions of service and operating rules or policies published by us on this site or in relation with the service constitute the entire agreement and understanding between you and us and govern your use of the service and supersedes any prior or contemporaneous agreement, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting group.


APPLICABLE LAW
These Terms of Service and any separate agreement by which we provide services from third parties shall be governed by and construed in accordance with local laws in Monterrey, NL, Mexico.


CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this web page.


We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the site or service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.


LIMITATION OF LIABILITY
The customer agree that use of our services and acceptance of the information provided by Optimal CDN are entirely at the risk of the customer. The customer agree that Optimal CDN has no control over, and accepts no responsibility for the content of the data, scripts or other information that passes through equipment and/or Optimal CDN servers, network hubs and points of presence or Internet.


To the extent permitted by applicable law, in no event Optimal CDN or its suppliers be liable for any damages, including without limitation any loss of profits, loss of business, loss of use or data, business interruption, or from direct damage, indirect, special, incidental or otherwise, even if Optimal CDN has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited resource.


The services provided under this agreement are provided based on availability. Optimal CDN, suppliers, customers, employees, agents or affiliates do not make any warranty of any kind, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, services or equipment provided together. Neither makes any warranty that the services will be uninterrupted or error-free. Nor any guarantee is made as to the results that may be obtained from using the services or as to the accuracy, reliability or content of any information, content or services or goods offered through the services. Optimal CDN is not responsible, and expressly disclaims any responsibility for the contents of any data transferred to or from the customer or stored by the customer or any customer's customer from services provided by Optimal CDN. No oral or written advice or for any Optimal CDN employee, supplier, customer or agent shall create a warranty information, and rely on such information or advice is your responsibility.


In any case Optimal CDN or its suppliers be liable for any claim against a third party customer, some representation or warranty made to third parties by the customer, distributor or agents, customer service failures to operate or to provide security.