EdgeNext International Website Membership Agreement (v1.0 version)

This EdgeNext International Website Membership Agreement (hereinafter referred to as “this Agreement” or “Membership Agreement”) sets forth the terms and conditions of Your access to, registration with, and use of EdgeNext Member Account (“Account”) on EdgeNext International Website (currently located at www.edgenext.com, hereinafter referred to as “EdgeNext International Website”) and Your use of EdgeNext Services (as defined in Article III of this Agreement).This Agreement is a legally binding agreement between You, as a registered member of EdgeNext International Website (hereinafter referred to as “You” or “Customer”) and LEGEND DYNASTY PTE. LTD. (hereinafter referred to as “EdgeNext” or “We”). Before You use the services of EdgeNext International Website or complete Your registration, please make sure You read and thoroughly understand this Agreement, and please choose to accept or not accept the terms of this Agreement after fully understanding; if You do not agree to this Agreement or any agreement therein, You should not proceed to the next step, stop the registration process, no longer visit or use this Service.

(EdgeNext and Customer are referred to collectively herein as the “Parties” and each individually as a “Party”).

I.     Application and Acceptance of Terms and Conditions

1.1   By registering an account and/or using EdgeNext Services, You accept the terms and conditions set out in this Agreement. By clicking on the checkbox and completing the “Register” or otherwise beginning to use the EdgeNext Services, You agree to be bound by this Agreement and the following terms and conditions.

   a  Terms of use for EdgeNext International Website;

   b  Service Terms for EdgeNext Product;

   c  Privacy Policy;

   d Customer Data Protection Policy；and

   e  The rules, instructions and policies of any other website or service adopted and published from time to time on the EdgeNext International Website (collectively referred to as the “Terms”)

1.2   If You wish to become a member and use the service, You must read this agreement to indicate that You accepted it during the registration process. By accepting this Agreement, You represent that You have the capacity to be bound by it or, if You represent a company or entity, that You have sufficient authority and power to make that company or entity bound by it.

1.3   Without prejudice to the generality of the foregoing, We may, in Our sole discretion, refuse to register You for an account if any of the following apply:

   a  Your account has previously been terminated for breach of this Agreement; or

   b  You may be in breach of any representations and warranties made under Members Liability and Other Representations and Warranties.

1.4   If You use or purchase a specific service on the EdgeNext International Website, You shall be liable to confirm the terms of service corresponding to the specific service and activate that service before completing Your purchase; Please read carefully, fully understand, and choose to accept or not accept the Terms of Service.

1.5   EdgeNext shall be entitled to amend this Agreement from time to time. Any and all modifications to this Agreement will be announced or notified by means of web announcements, emails, intranet messages, SMS messages, etc. If You continue to use the EdgeNext Services after the content of this Service Agreement has been modified, it means that You have fully read, understood and accepted the modified content, and will also comply with the modified content of the terms and conditions.

II.   Intellectual Property Rights (IPRs)

2.1   The IPRs on the LOGO of EdgeNext International Website, “EdgeNext” and other words, graphics and combinations thereof, as well as other logos and emblems of EdgeNext International Website, names of EdgeNext Services, technical documents, etc., shall be the property of EdgeNext and its affiliates.

2.2   The intellectual property rights in all products, services, technologies and all programs on the EdgeNext International Website (hereinafter collectively referred to as the “Technical Services”) are owned by EdgeNext or its right holders.

2.3   We will not use, modify, reproduce, publicly distribute, alter, disseminate, distribute or publicly publish the results in which You own IPRs without Your consent.

2.4   If any natural person, legal person or other organization believes that the content of the web pages of the EdgeNext International Website (such as reproduced articles, etc.) may violate their legitimate rights and interests, they may submit a written notice of their rights to EdgeNext, and EdgeNext will deal with them as soon as possible after receiving a valid notice from the intellectual property rights holder in accordance with the law.

III.  Use of EdgeNext Services

3.1   You may access, purchase, subscribe to or use any and all products or services provided by EdgeNext in accordance with these Terms and Conditions and any Service Level Agreement (“SLA”) specified by EdgeNext in respect of such products or services (“EdgeNext Services”) through Your account. The EdgeNext Services include the cloud computing products and services offered by EdgeNext, as well as the functions, features and contents of Your account and the EdgeNext International Website. The EdgeNext Services do not include any content or services provided to You by any third party on the EdgeNext International Website (including any third party content provided) or any content or services used in conjunction with the EdgeNext Services.

3.2   Account Registration

   3.2. 1.  Once You have filled in the information as prompted by the EdgeNext registration page, read and understood this Agreement and completed the checkbox and all registration procedures, You are a user of the EdgeNext International Website.

   3.2. 2   To protect the security and independence of Your account, You should use the email address to which You have legal rights to register or log in, otherwise, You may not be able to log in and use the EdgeNext Services properly.

   3.2. 3   The email address You have registered and the password You have set will become Your account after verification and successful registration.

   3.2. 4   You shall provide true and accurate information about Your account and keep it up to date. If the information You provide is incorrect or incomplete, EdgeNext may send or push a notice of enquiry and/or a notice requesting correction to You, and You shall promptly cooperate with Us to provide or update the relevant information according to our requirements. You shall be responsible for all consequences (including but not limited to Your inability to use the services provided by Us, inability to open products/services, inability to use Your account, freezing or cancellation of Your account, etc.) and losses resulting from untrue or incomplete information or data provided by You.

   3.2. 5   When You open certain products or services, We may ask You to provide additional identification data and information for further identity authentication or verification, and Your account will only be eligible for the corresponding products or services after You have passed such authentication and verification.

3.3   Use of Related Services

   3.3. 1 You can log in to the EdgeNext International Website via Your account information. EdgeNext may notify or prompt You by email, intranet messages, SMS messages or phone to take the next step. During the service process, You shall log in to Your EdgeNext account in a timely manner to check the progress of the service and perform transaction operations.

   3.3. 2 One account can only correspond to a unique legal entity, You shall properly keep Your login user name, password and other information and take effective confidentiality and security protection measures (including but not limited to changing Your password regularly, setting a high-strength password, etc.), otherwise, You shall be responsible for the corresponding consequences. Furthermore, You shall be responsible for the actions under Your account and all operations under Your account are deemed to be carried out by You, and You shall be liable for all legal consequences.

   3.3. 3 You shall not transfer, give or allow others to inherit Your EdgeNext account in any way, except with the prior consent of EdgeNext.

   3.3. 4 You also need to ensure that You are not the subject of any trade restrictions, sanctions or other laws or regulations imposed by any country, international organization or territory, otherwise You may not be able to register and use the EdgeNext Services normally.

3.4 Account Security

   3.4. 1   Your account and password shall be set by You and kept by You. You shall be solely responsible for maintaining Your username and password, and shall acknowledge all activities conducted under Your username and password.

   3.4. 2   If You become aware of any unauthorized use of Your account and password or any other unauthorized use, You should notify Us immediately and provide Us with relevant information (such as Your subject information, description of the situation, supporting documents and claims); once We have received a valid notice from You and verified Your identity, We will deal with it in accordance with the legal provisions and service rules. You shall be responsible for any liability and consequences arising from Our processing under this Article. You understand that it will take a reasonable time for EdgeNext to act on Your request and that EdgeNext will not be liable to You, Your users or any other third party for any consequences (including, but not limited to, any losses incurred by You) that have arisen prior to such action being taken and that have been caused by You.

   3.4. 3   You shall be responsible for regulating the use and management of Your account. To protect Your rights and interests, the account number shall be for Your own use only. If You authorize Your employees or others to manage the account for reasons such as Your own business needs, You must control the account properly and complete the handover and account security protection (including but not limited to changing new passwords, etc.) in time in case of staff changes

   3.4. 4   EdgeNext will take reasonable technical measures on the server side of the website to safeguard the account. EdgeNext may suspend or terminate all or part of the free EdgeNext Services at any time in its sole discretion, and We reserve the right to charge for any EdgeNext Service or any feature or function thereof at any time in Our sole discretion.

3.5 Subject to any specific terms of service for the EdgeNext Services, EdgeNext reserves the right to change, upgrade, modify, limit or suspend the EdgeNext Services or any of its related functions or applications, temporarily or permanently, at any time, in accordance with the following terms and conditions.

   a  For cloud computing products and services, EdgeNext reserves the right to introduce or remove features, functions and applications, etc. in existing or future versions of the products and services. Unless We state otherwise, all new features, functions, applications, conditions, modifications, upgrades and changes shall be subject to this Agreement and the relevant terms of service for the product or service. We will notify You of any material changes or termination of such products and services;

   b  For the SLA, We may amend any terms of the SLA by posting a revised version on the EdgeNext International Website. EdgeNext will provide You with at least 7 days’ written notice of material amendments to the SLA. By continuing to use the relevant products or services after receiving written notice of such changes from Us, You agree to be bound by the amended SLA.

3.6 You acknowledge that the EdgeNext Services are provided on an “as is”, “as available” and “without warranty that the goods are free from defects” basis. Subject to any specific terms of the EdgeNext Services, You hereby agree that, to the maximum extent permitted by applicable law, in no event will EdgeNext be liable to You or any third party for any inability to use the EdgeNext Services (whether due to interruption, change or termination of the EdgeNext Services or otherwise). Any delay, inaccuracy, error or omission in the whole or any part of any communication or transmission or delivery, or any damage (direct, indirect, consequential or otherwise) arising out of the use or inability to use the EdgeNext Services.

3.7   EdgeNext shall be entitled to transfer and/or renew, in whole or in part, any of these Terms and Conditions (including any of Our rights, ownership, interests, obligations and responsibilities under these Terms and Conditions and this Agreement) to any person or entity (including any of EdgeNext’s affiliates). We may request such updates to these Terms and Conditions or any part thereof by giving You written notice (which may be in the form of an intranet messages, web announcement or email on the EdgeNext International Website) and You hereby irrevocably agree and consent to any such updates.

3.8   We reserve the right to investigate any breach of this Agreement by You or any end user.

3.9   EdgeNext shall be entitled to report any activity that We believe violates this Agreement or any statute or law of any jurisdiction to relevant law enforcement agencies, regulators, government agencies and any other qualified third parties, and EdgeNext shall be entitled to access, disclose and/or remove any content (including any Member Content) that You post or submit to EdgeNext on EdgeNext or the EdgeNext platform.

IV.   Member Liabilities and Representations and Warranties.

4.1 You shall be entitled to enjoy the technical services and information services on the Internet that We provide through the EdgeNext International Website. And You shall also perform obligations such as timely payment and service management in accordance with this Agreement, other relevant terms and conditions confirmed by You at the time of purchasing certain services, and rules and specifications of the EdgeNext International Website.

4.2 Your account may be blocked, in whole or in part, from access or function in the following circumstances, and You will be notified by email, intranet messages, SMS messages or phone:

   a  If, based on the need for the security of the operation and transactions of the EdgeNext International Website or Services, You have or may have disrupted or attempted to disrupt the fair trading order of EdgeNext and/or its affiliates, or any use of the EdgeNext Services that contains the name or brand of EdgeNext or EdgeNext’s affiliates and is suspected of being misleading to others, or any use of a Chinese or English language, numbers, domain names, etc. that purports to indicate or map an affiliation with Us in some way and otherwise poses a security or system stability risk to the EdgeNext International Website or any other third party;

   b  Violation of this Agreement, the relevant rules, specifications (such as transaction rules, administrative specifications), service descriptions and other service agreements/terms of the EdgeNext International Website.

   c  Engaging in any fraudulent, deceptive or unlawful act.

   d  You have been the subject of a complaint by another person and the other person has provided relevant evidence, but You have not provided evidence to the contrary as required by Us;

   e  If, in Our reasonable opinion, You engage in other conduct of the same nature as the above or which creates a similar risk as above.

4.3   You shall ensure that:

4.3.1   You shall not post, communicate, transmit, cache or store the following information and content through the EdgeNext Services, or have the following circumstances:

   a  Information or content that violates any applicable national (regional) laws and regulations, political propaganda/advocacy or news;

   b  Information that involves state secrets or security;

   c  Information that involves obscenity, pornography, indecency, violence or information that has (may have) the effect of abetting, leading to the commission of a crime or affecting the lives of persons;

   d  Information that violates national (regional) ethnic and religious policies;

   e  Infringe the rights of any person, including but not limited to the rights of others to privacy, copyright, trade secret protection, patents or other intellectual property rights or similar laws or regulations;

4.3.2 If You violate the above-mentioned guarantee, EdgeNext shall be entitled to take measures to delete information, suspend/terminate the service and to freeze or cancel some or all functions of Your account according to the relevant agreements/rules/instructions, etc.

4.4   If EdgeNext freezes or suspends Your right to use Your account or any EdgeNext Service, You shall be responsible for any charges incurred up to the date of the freeze or suspension.

4.5   In the event of a freeze or cancellation of an account as described above, You shall pay attention to it in time and operate according to relevant procedures:

4.5.1   In relation to the freezing or cancellation of Your account, You shall follow the prompts of the procedure and wait for the situation to be verified by EdgeNext after providing proof of identity and other relevant materials, information or documents. You shall fully understand that Your request may not be allowed.

4.5.2   You acknowledge and agree that if You refuse to provide truthful proof of identity and related information, or fail to pass the verification of EdgeNext, We have the right to freeze such accounts for a long period and restrict some or all of the account functions for a long period.

4.6   You represent and warrant that:

   a  You, Your end users or Your licensors own any and all right, title and interest in and to the Member Content;

   b  You have all the rights to the Member Content necessary to grant EdgeNext its rights under this Agreement;

   c Your Member Content does not violate these Terms and Conditions or any applicable laws or rights (including any intellectual property rights) of other third parties;

   d  You have the authority to enter into this Agreement;

   e  You have the authority to operate Your account at EdgeNext International Website; and

   f  You have the authority to use, purchase or subscribe to any EdgeNext Service.

4.7 Rights in the Member Content

4.7.1 You reserve any rights You may have to any Member Content. We will not access or use Your Member Content unless it is necessary to maintain or provide the EdgeNext Service or to comply with applicable laws or regulations. This Agreement does not grant either Party any rights in the content of the other Party or any intellectual property rights of the other Party, except as otherwise provided in this Agreement or other applicable agreements binding on Your use of the EdgeNext Services. As between You and EdgeNext, You own all intellectual property rights to the Member Content, and We own all intellectual property rights to the EdgeNext Services.

V.    Other Technologies

5.1   Visitor Use and Misuse Records

5.1.1 As a visitor to EdgeNext International Website and a user of the EdgeNext Services, You agree that Your Internet Protocol address will be recorded and Your activities will be monitored to prevent abuse. Abuse includes but is not limited to attempts to gain unauthorized access to the Services, other accounts, computer systems or network links to the Services through password mining or any other means; transmit any program that contains viruses, Trojan horses, worms, time bombs, deletion flies or any other harmful or toxic program that interferes with or disrupts the network connected to the Services or violates regulations, policies, or procedures applicable to such networks; create false identities, or otherwise attempt to mislead others into exploiting the identity of an EdgeNext user, intentionally or unintentionally violate any applicable national or international law.

5.2   Restrictions on non-cached HTML

   5.2.1 You acknowledge that EdgeNext’s Services is to provide a platform for caching service web pages and web sites and is not intended for other uses such as remote storage. You understand and agree to use the Services to manage and publish Web pages and to provide client-side views through browsers, HTML, or other technologies.

   5.2.2   EdgeNext’s Services is also a shared web caching service, which means that a large number of customer websites are cached from the same server. To ensure that Our services are reliable and effective for the majority of users, We require that a customer’s use of the Services should not adversely affect the performance of other customers’ websites. Furthermore, the purpose of the Services is to host the website and not to store data. It is not allowed to use an account mainly as online storage space, including storing or caching a disproportionate picture, movie, audio file or other non HTML content.

   5.2.3   You agree that We may freeze or cancel Your account if, in Our own discretion, We determine that You have violated this Section, or caused undue burden or potential adverse effects on the EdgeNext System, or caused potential adverse effects on other users, server processing capacity, server memory, abuse of controls or for other reasons.

5.3   Access and Service License

5.3.1 Considering that You may need to access www.edgenext.com and the Services, EdgeNext grants You a limited license under which You may access the website and use it for Your personal use. This Membership Agreement prohibits You from downloading (except for page caching) or modifying any part of it unless expressly agreed in writing by EdgeNext. The EdgeNext Services You purchase under this Agreement may not be resold. You may not use framing techniques or attach any trademarks, logos or other proprietary (including images, text, page layouts or forms) information without EdgeNext’s express written consent. You may not use any metadata tags and any other “hidden text” utilizing EdgeNext’s name or trademarks without EdgeNext’s express written consent. If You make any unauthorized use, the permission or license granted to You by EdgeNext will be automatically terminated and You may incur liability for damages. You are granted a limited, revocable, non-exclusive right to create a hyperlink to any non-password protected directory, provided that such link shall not portray EdgeNext, its affiliated websites, or the Services in a false, misleading, defamatory, or otherwise offensive manner. You may not use any of EdgeNext’s proprietary graphics or trademarks as part of a link without EdgeNext’s written permission.

VI.  Disclaimers and Limitations of Liability

6.1   You understand and agree that You shall be liable for any third party claims arising from Your use of the EdgeNext Services, breach of this Agreement or any action taken under Your account. If EdgeNext and any of its affiliate, employee, customer or partner is claimed by any third party, You shall be liable for handling and compensating EdgeNext and its affiliates for any and all losses and responsibilities incurred therefrom.

6.2   EdgeNext shall not be liable for any indirect, punitive, special, incidental, derivative or consequential damages or losses (including but not limited to loss of profits, business interruption, loss of information, loss of expected profits, etc.) arising out of or in connection with this Agreement, and whether or not such damages arise from the use of, or the ability to use, the EdgeNext Services, unauthorized access by third parties to Your data or information, statements or conduct of any member of the EdgeNext International Website, and any other matters relating to the EdgeNext Services.

6.3   EdgeNext hereby reminds that You should abide by the applicable laws during the use of Our Services, and must not endanger network security, and must not use Our Services to engage in activities that infringe on the reputation, privacy, intellectual property rights and other legitimate rights and interests of others. EdgeNext shall not be liable for any illegal or breach of contract in Your use of EdgeNext Services.

6.4   If You obtain products or services from other third parties by using the EdgeNext Services. As We do not control such websites and resources, You acknowledge and agree that EdgeNext is not liable for the availability of such external websites or resources, and does not recognize or be responsible for any content, advertisements, products, materials or any content originating from such websites or resources. You further acknowledge and agree that EdgeNext shall not be liable for any direct or indirect losses caused by using or relying on any such content.

6.5   The total liability of either Party under this Agreement shall be limited to the direct damage (direct economic loss) caused to the other Party, and notwithstanding the foregoing, EdgeNext’s total liability under this Agreement shall not exceed the total service fees for the services performed under this Agreement. If the Service that caused You to suffer loss has expired for 12 months at the time You suffered the loss, EdgeNext’s maximum liability shall not exceed 12 months before the loss occurred.

6.6   The Exemption Clause shall survive the termination of this Agreement.

VII. Fees, Payments and Taxes

7.1   Unless otherwise specified or with Our prior written consent, You shall pay any payments, fees, taxes, etc. arising from Your use of EdgeNext Services in accordance with EdgeNext’s current payment terms. You shall make the relevant payment to Us through the payment method supported by the EdgeNext International Website.

7.2   You may not set off, deduct or counterclaim any payments made by You without Our prior written consent.

VIII.      Notification and Service

8.1   You understand and agree that EdgeNext may send You notices through one or more of the methods below by posting web announcements, intranet messages, system messages, or by email, SMS messages, telephone, and instant messaging on the EdgeNext International Website, and EdgeNext can rely on the fact that the contact information You provide is true, accurate, and valid, and that such notices shall be deemed to have been served upon posting or delivery.

8.2   Unless otherwise agreed between You and EdgeNext, the notice You send to EdgeNext shall be served through the contact information such as mailing address and e-mail officially announced by EdgeNext.

IX.  Miscellaneous

9.1   For the purposes of this Agreement, the headings are for convenience only and shall have no legal or contractual effect. This Agreement constitutes the entire agreement between You and Us with respect to the use of the EdgeNext Services and governs Your use of the EdgeNext Services and supersedes any prior agreements, written or oral, between You and Us with respect to the same Services, subject matter, etc.

9.2   If any provision of this Agreement is held to be invalid, void or unenforceable, such provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement.

9.3   EdgeNext’s failure to exercise any right or take action with respect to any breach by You under this Agreement shall not be construed as a waiver of Our right to exercise such right, nor shall it be construed as a waiver of Our right to take action with respect to any subsequent breach or similar conduct by You.

9.4   Except as otherwise provided in the relevant terms of the EdgeNext Services, in no event shall EdgeNext be liable for damages for any delay, failure, interruption or inability to function properly of the Content or Services delivered through the EdgeNext International Website and/or the EdgeNext Services, as a result of natural acts, forces, causes or unexpected events beyond Our reasonable control, including but not limited to natural disasters, strikes, riots, wars, government actions, orders of domestic or foreign courts, and other factors; public service factors such as power supply failures, communication network failures, computer viruses, and network attacks; and EdgeNext System maintenance with advance announcement or notification.

9.5   The validity, interpretation, modification, enforcement and dispute resolution of this Agreement shall be governed by the laws of Singapore without regard to any other conflict of law provisions. In case of any dispute arising from this Agreement, the Parties agree to submit such dispute to the Singapore International Arbitration Centre (“SIAC”) for settlement.

9.6   Unless otherwise agreed, for the sake of the professionalism of the services, EdgeNext may entrust its affiliates or other legal entities to provide You with one or more specific Services on the EdgeNext Website, and You may enter into relevant terms or conditions with such companies, please carefully read and fully understand the terms and conditions, and choose to accept or not accept such terms and conditions.