法律文档

EdgeNext 国际网站产品服务条款

最后更新时间:2022 年 9 月 30 日

请您仔细阅读这些条款

These Terms of EdgeNext International Website Products and Services (hereinafter referred to as “Product Terms”, “the Product Terms” or “the Terms”) includes the terms and conditions governing your purchase and use of the products and services (hereinafter referred to as “Services”) provided through EdgeNext International Website (hereinafter referred to as “EdgeNext International Website”) currently located at www.edgenext.com. Unless otherwise specified in the Product Terms, capitalized terms used in the Terms shall have the same meanings as those defined in the Membership Agreement.

 

1.产品条款的适用与接受

1.1 The Product Terms are between you, as a service purchaser and (or) user of EdgeNext International Website and LEGEND DYNASTY PTE. LTD. (hereinafter referred to as “EdgeNext” or “We”). The Terms are effective when you click “OK” or tick the Terms. By purchasing and (or) using the “Services”, you agree to accept and to be bound by the Product Terms.

1.2 You may need to sign a separate online or offline agreement with EdgeNext or its affiliates to: i) use EdgeNext International Website; or ii) purchase the service or any other service provided by EdgeNext (“Supplementary Agreement”). In the event of any conflict or inconsistency between the Product Terms and any supplementary agreements, the Terms of Service shall prevail over the Product Terms only to the extent of the conflict.

1.3 如果您不同意接受所有的产品条款和(或)附加协议(如果适用),请不要购买和(或)使用服务。

1.4 You acknowledge and agree that EdgeNext may update the Terms at any time by posting the relevant amended Product Terms on EdgeNext International Website. By continuing to use the services after the amended Product Terms are posted, you agree to be bound by the Terms and Conditions as amended.

1.5 You can purchase the required service online through EdgeNext International Website according to your own needs. Before you purchase the service, you need to open the service, and the product service content, service fee, service period, term of service, etc. of your purchase shall be subject to the order page you confirm and agree to. The specific payment is subject to the Payment Terms and other relevant instructions on the EdgeNext International Website.

1.6 You must register as a member of EdgeNext International Website to purchase and/or use products. Your registration and use of an account on EdgeNext International Website is bound by the EdgeNext International Website Membership Agreement. You shall ensure that any and all information you provide to us through EdgeNext International Website is true, accurate, correct and complete, but not deceptive, fraudulent or misleading.

 

2.您的责任

2.1 您将确保您的内容和您的最终用户对您的内容或服务的使用不会违反任何政策或任何适用法律。您对您的内容的开发、内容、操作、维护和使用负全部责任。您将确保所有最终用户遵守您在本协议下的义务,并确保您与每个最终用户的协议条款与本协议一致。如果您意识到某个终端用户违反了您在本协议下的义务,您将立即暂停该终端用户对您的内容和服务的访问。我们不向最终用户提供任何支持或服务,除非我们与您或最终用户签订了单独的协议,规定我们有义务提供这种支持或服务。

2.2 您有责任正确地配置和使用服务,并以其他方式采取适当的行动来保障、保护和备份您的账户和您的内容,以提供适当的安全和保护,这可能包括使用加密技术来保护您的内容免受未经授权的访问,并对您的内容进行例行存档。

2.3 As a condition of your purchase and/or use of the services, you agree that you will comply with all laws and regulations applicable to the use of the services (including but not limited to any applicable data protection, import, re-import, export, strategic goods control and re-export control laws, including any applicable license requirements, and international or country-specific sanctions plans). If EdgeNext has reason to believe that any of your acts violate the law, infringe or misappropriate the rights of any third party, or are deceptive, fraudulent or misleading, EdgeNext may notify you of its understanding of such circumstances at its own discretion, and may take any relevant enforcement action against you as it deems appropriate and necessary according to the circumstances at its own discretion, including but not limited to requiring you to delete any illegal content, disabling or suspending your right to use any service, restricting your access to EdgeNext International Website, and suspending or terminating your account. Notwithstanding the foregoing provisions, EdgeNext is entitled to directly delete any content on EdgeNext International Website that may be illegal, or content that may disrupt, threaten or damage the operation and functions of EdgeNext International Website or other users of EdgeNext International Website.

2.4 You agree to cooperate with EdgeNext to identify and solve service problems that EdgeNext has reason to believe are caused by you at the request of EdgeNext.

2.5 Some services require the processing of personal data of your end users or employees. You agree that it is entirely your responsibility to establish the legal basis for processing such data in accordance with local laws, including providing appropriate privacy notices and obtaining the consent of any necessary customers or employees. You represent and warrant to EdgeNext that you have a legal basis for processing such data in accordance with local laws, including obtaining any necessary notices and consents. You also represent that you will comply with any data protection laws and regulations, including but not limited to obtaining consent and rules related to cross-border transfers of personal data. These laws and regulations may apply to your use of these services and an appropriate data processing agreement may be separately signed as required by EdgeNext to ensure the security and compliance of personal information processing.

2.6 You must comply with the relevant technical documents that we release and update from time to time on EdgeNext International Website and are applicable to the products you purchase.

 

3.一般产品条款

The following general Product Terms are applicable to the purchase and / or use of all services provided on EdgeNext International Website.

3.1 The benefits, features and functions you may obtain from any service may vary in different countries and regions. We do not warrant or represent that a particular feature or function or the same type and degree of features and functions will be available in all countries and regions or to all users. EdgeNext may, at its own discretion, restrict, deny or establish different levels of access and use of any service (or any function therein) for different users. Your use of EdgeNext products shall comply with the product specifications, restrictions and instructions in the relevant product description pages on EdgeNext International Website (hereinafter referred to as “Product Descriptive Terms”). In the event of any inconsistency between the Product Terms and the Product Descriptive Terms, the Product Terms shall prevail.

3.2 EdgeNext can launch, change, upgrade, impose conditions, suspend or stop providing any service (or any feature or function in the service), including login procedures and requirements, and access to any service (including any URL related thereto), without prior notice. EdgeNext can also decide to migrate, suspend or stop the operation of any computer room and data center at its own discretion after prior reasonable notice to you. In the event of the above migration, suspension or stop of operations, you may be required to change or update the configuration of any affected services, and you will be responsible for the failure to change or update your configuration within the time specified in the notice.

3.3 EdgeNext reserves the right to monitor your purchase or use of the Services at any time as needed to verify your compliance with the Product Terms and our privacy policy. You agree that you will not obstruct or interfere with our monitoring.

3.4 EdgeNext has the right to perform any upgrade or any service maintenance at any time if necessary. EdgeNext will make commercially reasonable efforts to notify you on the EdgeNext International Website or before any scheduled maintenance of the Services, and you should comply with any service maintenance requirements that we notify you of.

3.5 EdgeNext is entitled to transfer and/or change any part or all of the Terms (including any of our rights, titles, interests, obligations, and responsibilities in the Terms and the Agreement) to any individual or entity (including any affiliate of EdgeNext). EdgeNext can require the change of the Terms or any part thereof by sending you written notice and you hereby irrevocably agree with any of such change. Then EdgeNext will be exempted and released from all obligations thereof under the Terms and all claims, lawsuits, and demands arising from the Terms as of such change. You should not transfer all or any part of the Terms (including the Agreement) to any individual or entity.

3.6 The service guarantees and any related performance commitments (“Service Guarantees”) specified in the EdgeNext Service Level Agreement (“SLA”) are only applicable to the services that you purchase and use with pay and are not applicable to any free service or trial service provided by us. Such Service Guarantees are the only and exclusive remedial measures for the applicable services that you pay for and purchase.

3.7 EdgeNext guarantees that, within the duration of the Terms and the Agreement, EdgeNext will perform the product services with commercially reasonable care and skill in all material respects. If the product services provided to you are not performed according to the guarantee, you must timely give EdgeNext written notice stating the inadequacies of the product services (including the service application No. for notifying EdgeNext of the product service inadequacies, if applicable).

3.8 EdgeNext does not guarantee that the performance of the product services is free from any error or not interrupted, that EdgeNext will correct all product service errors, and that the product services will meet all of your requirements or expectations. EdgeNext will assume no responsibility for any problem concerning service performance, operation, or safety resulting from your content, the content of any third party, or any service provided by any third party.

3.9 To the extent not prohibited by law, the guarantees in 3.6/3.7/3.8 are exclusive and EdgeNext has no other express or implied guarantees or conditions, including guarantees for software, hardware, system, network or environment, or merchantability, satisfactory quality, and suitability for a particular purpose.

3.10 You confirm that: based on the significant impact of EdgeNext services on your business operation, if you seriously breach the contract but EdgeNext fails to cancel or terminate the cooperation in advance in view of the impact of stopping EdgeNext services on your business, it shall be neither deemed that EdgeNext waives the right to recover the service fees, liquidated damages, compensations, etc. that should be collected according to the Product Terms or other terms, nor shall it be deemed that EdgeNext maliciously enlarges the losses.

 

4.服务的具体条款

在不限制产品条款的一般性的前提下,您进一步同意并承诺,购买和使用在此确定的服务,须遵守在此规定的服务的具体条款。

4.1 EdgeNext Content Delivery Network (CDN)

(a) Your use of the EdgeNext CDN shall comply with the product specifications, restrictions and instructions in the relevant product description pages on EdgeNext International Website (“CDN Descriptive Terms”). In the event of any inconsistency between the Product Terms and the CDN Descriptive Terms, the Product Terms shall prevail.

(b) 您应确保您的账户有足够的余额,以便我们继续提供CDN服务。

(c) If you intend to order the EdgeNext CDN resources located in the People’s Republic of China (“PRC”), you should be responsible for the arrangement and completion of any and all related registrations stipulated by the laws of the PRC. Otherwise, EdgeNext reserves the right to refuse to provide or stop the use or order of the EdgeNext CDN services in due time without taking any responsibility for you. You should check your registration status before using or ordering the EdgeNext CDN service.

(d) After EdgeNext has completed the CDN configuration for providing services to you, if you need to change the configuration concerning CDN in the CDN service provision process, you should give us at least five working days’ notice to ensure that the CDN service is not interrupted accidentally.

(e) For your change to the configuration of the source site in the CDN service provision process, you should have technical communication, preparation, and tests with EdgeNext in advance, and EdgeNext will assist you to avoid improper setup that can cause the CDN services to be unavailable; otherwise, EdgeNext will assume no responsibility for any loss caused by your failure to timely notify EdgeNext due to your reason.

(f) If your website encounters an access traffic anomaly or is under a hacker attack such as a cyber attack from any third-party website, you should immediately notify EdgeNext to ensure the stability of the CDN service, but you still have to pay the resulting traffic or bandwidth costs.

(g) Based on the instability of the Internet, the volatility and replicability of data, and the uncertainty of data value, EdgeNext adopts the CDN technology for automatic acquisition from your source site or the acceleration and storage contents actively pushed by you. You confirm that you have taken your own backup measures and that EdgeNext does not need to assume the responsibility for compensating for the loss or damage of data, if any.

(h) 您不得,也不得促使或允许他人进行以下行为:

i. 使用CDN服务骚扰任何人;对任何人或财产造成损害或伤害;发布任何虚假、诽谤、骚扰或淫秽的材料;侵犯隐私权;宣扬偏执、种族主义、仇恨或伤害;发送未经请求的大量电子邮件、垃圾邮件、垃圾邮件或连锁信;侵犯产权;或以其他方式违反适用的法律、法令或法规;

ii. 对CDN服务进行或披露任何基准测试、可用性或性能测试;

iii. Perform or disclose the network discovery, port and service identification, vulnerability scanning, password cracking, remote access, or penetration test for the CDN service. In addition to other rights stipulated in the Product Terms and SLA, EdgeNext also has the right to take remedial measures, which may include deleting or prohibiting the access to materials in violation of policies;

iv. 对CDN服务的任何部分(包括程序产生的数据结构或类似材料)进行修改、制作衍生作品、反汇编、反编译、反向工程、复制、再版或拷贝;

v. Directly or indirectly establish or support products or services competing with EdgeNext by accessing or using the CDN service;

vi. 许可、出售、转让、分配、外包、允许分时或部分使用、商业性利用或向任何第三方提供CDN服务,但产品条款或双方另有约定的情况除外;

vii. Unless otherwise agreed by both parties, you should not provide EdgeNext with access to any health, payment card, or similarly sensitive personal information. The specific data security obligations for processing such data are higher than the obligations specified in the Service Specification.

4.2 EdgeNext Cloud Hosting Services (ECS)

(a) Your use of the EdgeNext Cloud Hosting Services shall comply with the product specifications, limitations and descriptions on the related product description pages of the EdgeNext platform (“ECS Descriptive Terms”). In the event of any inconsistency between the Product Terms and the ESC Descriptive Terms, the former shall prevail.

(b) EdgeNext will take basic security protection measures for its systems, equipment, etc. according to statutory and regulatory requirements. If your requirements for security protection measures are higher than the foregoing basic security protection measures, you are entitled to purchase security protection services of higher configuration or separately configure other security protection software, systems, etc. according to your needs.

(c) 您应自行对您使用的计算机信息系统、设备等采取必要的、有效的安全保护措施,因您未采取前述措施导致您权益受损的,由您自行承担责任。

(d) EdgeNext will ensure availability within the agreed service rules. Where your requirements for availability are higher than the service rules, you need to conduct high availability settings for your own system, and EdgeNext can give the necessary assistance. Where EdgeNext is required to cooperate in the design, the Parties shall negotiate and confirm it separately.

(e) If the specific service you purchase has a storage function, upon the expiration or termination of the service, any information such as data you store in the service will be retained for seven days by EdgeNext according to the rules of the service. You shall bear the fees incurred (if any) during the retention period and shall settle the fees and complete the migration of all data on time. After the expiration of the retention period, your aforesaid information will be deleted.

(f) If you choose to use EdgeNext Services outside the Chinese mainland, you shall ensure that your qualifications, capabilities and behavior of usage comply with the requirements of local laws, regulations, policies, etc.

(g) 您由于实施包括但不限于“DNS解析”、“安全服务”、“域名代理”、“反向代理”等任何业务,导致您自己频繁遭受攻击(包括但不限于DDoS攻击)且未及时更正的,或未根据EdgeNext要求消除影响,从而对EdgeNext服务平台或他人产生影响的,您应负责赔偿。

(h) 您以包年包月等固定期限形式购买的本服务,服务期限至订购的期限届满为止;以资源包(或套餐包)形式购买的本服务,服务期限则至您订购的资源包服务期限到期或资源包中的服务被使用完毕为止(以前述二者早发生为准)。

(i) 您应在服务期限内将资源包的服务数量使用完毕,如资源包的服务期限届满,您已订购但未使用完毕的服务将被作废且EdgeNext将不提供其他替代或补充,亦不退还平台账户中未使用的余额。

(j) Your use of this service will first consume the resource pack you subscribe to. Unless provided for by law or otherwise agreed on by the Parties, if the services in the resource pack are used up or the term of service expires, and you continue to use this service without continuing to subscribe to the resource pack, EdgeNext will regard it as your use of this service in the form of post-paid purchase (if any) and will continue the billing and deduct the service fee based on the billing results.

(k) You understand and fully acknowledge that EdgeNext has established (and will continue to improve according to technology development) necessary technical measures to defend against matters or acts that endanger network security, including computer viruses and network intrusions, attacks and disruptions (including DDoS) (hereinafter collectively referred to as the Acts), however, in the light of the limitations and relativity of the network security technology and the unpredictability of the Acts, if your website suffers from the Acts, which brings harm to EdgeNext or EdgeNext’s other networks or servers (including local, non-local and international networks and servers) or affects EdgeNext’s smooth communication with the international Internet or specific networks, servers, and its interior, EdgeNext may decide to suspend or terminate this service. If this service is terminated, the service fee will be calculated according to the actual month of service provided (or days of service provided if less than one month) and the remaining amount (if any) will be refunded.

4.3 EdgeNext  Bare Metal Servers  (BMS)

(a) EdgeNext Bare Metal Servers is a flexible, secure and stable computing service located in the edge cluster, which helps you reduce IT costs, improve operation and maintenance efficiency, and enable you to focus more on core business innovation.

Your use of the EdgeNext BMS Service shall comply with the product specifications, limitations and descriptions on the related product description pages of the EdgeNext platform (“BMS Service Descriptive Terms”). In the event of any inconsistency between the Product Terms and the BMS Service Descriptive Terms, the former shall prevail.

(b) You shall not provide traffic penetrating access for other operators and interconnected units through Internet bandwidth in any way (including but not limited to privately connecting optical fiber for transition and establishing VPN tunnels), and shall not use the equipment of EdgeNext as a proxy server.

(c) You shall not unilaterally change the IP address assigned by EdgeNext, and shall not do anything that affects the network operation, including but not limited to modifying the routing table using the static ARP. Otherwise, EdgeNext may suspend or terminate the service to you, and you shall assume the responsibility arising therefrom.

(d) You acknowledge that EdgeNext shall not assume any responsibility for the unavailability of the BMS Service or other impacts due to the following circumstances:

i. 因您的源站点故障或您自行进行IDC资源设置调整所造成的BMS服务不可用;

ii. 因按您要求的配置进行调试,如配置不合理造成的BMS服务不可用;

iii. 以及本协议第三条约定的其他可能导致服务不可用情况。

(e) EdgeNext shall be entitled to take measures such as bandwidth traffic management for customers who purchase the bandwidth sharing service, so as to ensure their interests.

(f) You acknowledge that since the server room resources under this service are provided by the basic telecom operator, if the basic telecom operator requires relocating the server room or no longer provides this service, EdgeNext shall notify you 15 days in advance and assist you in returning the equipment. The Parties shall settle the service fee according to the actual service time, and neither party shall be liable for breach of contract.

(g) You shall compensate EdgeNext for all losses caused by damage to EdgeNext’s equipment or failure of other users to normally use the equipment in EdgeNext’s server room or EdgeNext’s services due to your illegal writing, operation, or use of programs or software.

(h) You shall be responsible for the normal operation of the software and hardware of your equipment. If the equipment operated and maintained by you has any problems affecting the stability of the Internet, including but not limited to that the equipment is attacked by hackers or computer viruses, sends massive spam, or becomes an attack source, which causes major network security issues and affects other users, EdgeNext will request you to correct them by phone or e-mail and shall be entitled to suspend your network connection until the problems are resolved, and such suspension shall not be deemed as EdgeNext’s breach of contract. You shall compensate for the losses caused to EdgeNext or other customers of EdgeNext.

(i) 我们保留限制、删除或暂停任何违反上述任何限制的服务的权利。

4.4 EdgeNext Security CDN Services

(a) Your use of EdgeNext Security CDN shall comply with the product specifications, restrictions, and instructions (“Descriptive Terms of Security CDN”) on the relevant product description page of EdgeNext International website. In case of any inconsistency between the Product Terms and the Descriptive Terms of Security CDN, the Product Terms shall prevail.

(b) Security CDN refer to the Web application security acceleration service provided by EdgeNext for you, which combines security and acceleration and is based on DNS traffic takeover, hides the real server IP address, and provides security services such as intrusion defense against vulnerabilities, defense from DDoS attack and Bot behavior management for your Web applications by implementing a series of security strategies targeting HTTP/HTTPS. In addition, it adopts distributed edge nodes and various acceleration strategies to provide stable CDN acceleration capability for your Web applications.

(c) Where the products and services you use exceed the purchased package standards (such as bandwidth usage, request times, etc.), you shall pay EdgeNext for some services exceeding the package standards.

(d) You shall not use the internet resources provided by EdgeNext to operate various internet businesses for which it does not have qualifications, and shall not use the internet resources provided by EdgeNext to engage in illegal activities, and shall not use the internet bandwidth to provide penetration traffic access to other operators and interconnected units in any way (including but not limited to connecting optical fibers for switching, establishing VPN tunnels, etc. without permission).

(e) In case of not purchasing EdgeNext anti-DDoS attack defense services, you shall ensure that your business platform will not affect the network security of EdgeNext and customers thereof. Where you suffer from DDoS attacks and have hidden dangers or situations that affect the network security of EdgeNext or customers thereof, EdgeNext shall be entitled to terminating all business under this payment after notifying you without refunding all paid service fees, and you shall bear the responsibilities and consequences arising from your failure to use the business normally.

(f) EdgeNext reserves the right to suppress traffic in case that an attack on your business affects the infrastructure of EdgeNext Cleaning Center. Once the traffic is suppressed, it may have a certain impact on your business. For example, the business access traffic may be limited or even be blackholed, and EdgeNext will not bear the losses caused to your business.

(g)  Where the cyber attack on bandwidth exceeds the capability range of EdgeNext or the protection range agreed between you and us, affecting your business, EdgeNext will not assume any responsibility.

(h) 您对自己存放在EdgeNext云平台上的数据以及进入和管理EdgeNext云平台上各类产品与服务的口令、密码的完整性和保密性负责。因您维护不当或保密不当或操作不当致使上述数据、口令、密码等丢失或泄漏所引起的一切损失和后果均由您自行承担。

(i) 如EdgeNext发现您违反上述条款的约定,有权根据情况采取相应的处理措施,包括但不限于立即中止服务、终止服务等。如因您违反上述保证而给EdgeNext造成损失的,您还应自行承担一切法律责任并赔偿损失;

(j) 您了解EdgeNext无法保证其所提供的服务毫无瑕疵(如EdgeNext安全产品并不能保证您的硬件或软件的绝对安全),但EdgeNext承诺不断提升服务质量及服务水平。所以您同意:即使EdgeNext提供的服务存在瑕疵,但上述瑕疵是当时行业技术水平所无法避免的,其将不被视为EdgeNext违约。您同意和EdgeNext一同合作解决上述瑕疵问题。

4.5 EdgeNext DNS Security

(a)   Your use of the EdgeNext DNS Security shall comply with the product specifications, restrictions and instructions in the relevant product description pages on EdgeNext International Website (“DNS Security Descriptive Terms”). In the event of any inconsistency between this Product and Service Terms and the DNS Security Descriptive Terms, Product and Service Terms shall prevail.

(b) DNS Security是指EdgeNext向您提供的一种安全、快速、稳定、可扩展的权威DNS服务,为您将易于管理识别的域名转换为计算机用于互连通信的数字IP地址,从而将用户的访问路由到相应的网站或应用服务器。

(c) 您对自己存放在EdgeNext云平台上的数据以及进入和管理EdgeNext云平台上各类产品与服务的口令、密码的完整性和保密性负责。因您维护不当或保密不当或操作不当致使上述数据、口令、密码等丢失或泄漏所引起的一切损失和后果均由您自行承担。

(d)  EdgeNext reserves the right to suppress traffic in case that an attack on your business affects the infrastructure of EdgeNext Cleaning Center. Once the traffic is suppressed, it may have a certain impact on your business. For example, the business access traffic may be limited or even be blackholed, and EdgeNext will not bear the losses caused to your business.

(e) You understand and agree that EdgeNext currently provides you with DNS Security services for free within a certain period of time, that is, you do not need to pay EdgeNext fees for applying for opening or trying on DNS Security services in accordance with the provisions of this article within a certain period of time.

(f) 您理解并同意,针对免费服务,EdgeNext将不对任何服务可用性、可靠性做出承诺。EdgeNext亦不对您使用免费服务的工作或结果承担任何责任。

(g) EdgeNext does not rule out the possibility of charging DNS Security in the future. At that time, EdgeNext will publish the charging policies and specifications 10 natural days in advance by publishing an announcement in the appropriate section of the EdgeNext website or sending a notice on the website.

(h) After EdgeNext charging applies, if you still use the DNS Security service, you shall pay according to the effective charging policy at that time and comply with the effective service terms published by EdgeNext at that time. If you refuse to pay the service fee after charging starts, EdgeNext has the right to stop providing services to you and to stop retaining your business data.

(i) 您了解EdgeNext无法保证其所提供的服务毫无瑕疵(如EdgeNext安全产品并不能保证您的硬件或软件的绝对安全),但EdgeNext承诺不断提升服务质量及服务水平。所以您同意:即使EdgeNext提供的服务存在瑕疵,但上述瑕疵是当时行业技术水平所无法避免的,其将不被视为EdgeNext违约。您同意和EdgeNext一同合作解决上述瑕疵问题。

4.6 EdgeNext Anti-DDoS

(a)   Your use of the EdgeNext Anti-DDoS shall comply with the product specifications, restrictions and instructions in the relevant product description pages on EdgeNext International Website (“Anti-DDoS Descriptive Terms”). In the event of any inconsistency between the Product Terms and the Anti-DDoS Descriptive Terms, the Product Terms shall prevail.

(b) Anti-DDoS服务指EdgeNext提供的DDoS流量型攻击防御及服务管理系统。适用于应对定向持续性、大规模DDoS治理的业务场景,是一款可以为数据中心提供本地部署的私有化数据清洗的高级DDoS防护产品。

(c)   Except as expressly permitted by EdgeNext, you shall neither modify, adapt, rent, sublicense, and transmit or transfer on the information network the software provided by EdgeNext, nor reverse, decompile or otherwise attempt to discover the source code of the software provided by EdgeNext.

(d)  You shall not use the services provided by EdgeNext to engage in acts that damage the legitimate rights and interests of EdgeNext, including but not limited to violating any service agreement/terms, management specifications, trading rules and other regulatory content published by EdgeNext, and destroy or attempt to undermine the fair trading environment or normal trading order of EdgeNext;

(e) 不进行任何破坏或试图破坏网络安全的行为(包括但不限于钓鱼,黑客,网络诈骗,网站或空间中含有或涉嫌散播:病毒、木马、恶意代码,及通过虚拟服务器对其他网站、服务器进行涉嫌攻击行为如扫描、嗅探、ARP欺骗、DDoS等);

(f) 您对自己存放在EdgeNext云平台上的数据以及进入和管理EdgeNext云平台上各类产品与服务的口令、密码的完整性和保密性负责。因您维护不当或保密不当或操作不当致使上述数据、口令、密码等丢失或泄漏所引起的一切损失和后果均由您自行承担。

(g) 如EdgeNext发现您违反上述条款的约定,有权根据情况采取相应的处理措施,包括但不限于立即中止服务、终止服务等。如因您违反上述保证而给EdgeNext造成损失的,您还应自行承担一切法律责任并赔偿损失;

(h) You learn that EdgeNext cannot guarantee the service it provides is perfect (for example, EdgeNext’s security products cannot ensure that your hardware or software is absolutely secure), but EdgeNext undertakes to improve the service quality and service level continuously. Therefore, you agree that even if there are defects in the services provided by EdgeNext, such defects cannot be avoided by the technical level of the industry at that time, and it will not be deemed as breach of contract by EdgeNext. You also agree to eliminate the above defects through cooperation with EdgeNext.

 

5.一般规定

5.1 The Product Terms and SLAs constitute and govern the entire agreement between you and EdgeNext concerning the use of EdgeNext Services, superseding any prior written or oral agreement relating to this subject.

5.2 You and EdgeNext are separate legal entities, and the Terms does not represent the establishment of any agency, partnership, joint venture, employee-employer or franchisee-franchisee relationship between both parties.

5.3 如果本协议的任何条款被有管辖权的法院或法庭裁定为无效或不可执行,本协议其余条款的有效性或可执行性应保持完全的效力和作用。

5.4 Unless a right or remedy of you or EdgeNext is expressed as an exclusive right or remedy, the exercise of such right or remedy by either party shall not affect other legal and/or equitable rights and remedy of either party.

5.5 您应做并执行或促使做并执行所有可能需要的进一步行为、契约、事情和文件,以使本协议的条款生效。

5.6 Except for EdgeNext and its affiliates, according to the Contract (Third Party Rights) Law  (Rev Ed 2021), persons who are not parties to the Product Terms have no right to enforce any of these terms.

5.7 Unless otherwise stipulated in the terms and conditions of relevant EdgeNext Services, under no circumstances shall EdgeNext assume any responsibility for the delay, failure or interruption of the content or services provided through EdgeNext International Website (including EdgeNext Services) directly or indirectly caused by natural actions, forces or reasons beyond our reasonable control, including but not limited to Internet failures, computers, computer viruses, cyber attacks, telecommunications or any other equipment failures, power failures, epidemics, strikes, labor disputes, riots, rebellions, civil strife, labor or material shortages, fires, floods, storms, explosions, natural disasters, wars, government actions, orders of domestic and foreign courts or tribunals, or non-performance of obligations by third parties.

5.8 EdgeNext and you promise to enjoy intellectual property rights and other legal rights over the contents, materials, information and documents provided by them under the product agreement, and will not infringe upon any other party’s legal rights.

(a) The intellectual property rights (including but not limited to copyrights, trademark rights, patent rights, etc.) of all products, technologies, ideas, concepts, designs, etc. developed and provided by EdgeNext in its products and services shall be owned by EdgeNext. Where EdgeNext does not authorize you to enjoy them, you will not obtain any intellectual property rights and related rights of EdgeNext due to the consent of the product agreement.

(b) You agree that EdgeNext may use your name, trade name, trademark, Logo and other business signs for external publicity and display.

(c) 知识产权条款不因协议的无效、解除、提前终止或不具操作性而失效。

5.9 The Terms shall be governed by the laws of Singapore without regard to its conflicting clauses of laws. Any controversy, dispute or claim arising from or in connection with the Terms, including any question relating to its existence, validity or termination, shall be submitted to the Singapore International Arbitration Centre (“SIAC”) for arbitration and final settlement in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which shall be deemed to be incorporated into a reference of this clause. The place of arbitration shall be the Republic of Singapore. 

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