Please read these terms carefully.
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.
1.1 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 If you do not agree to accept all Product Terms and/or Supplementary Agreement (if applicable), please do not purchase and/or use services.
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.
2.1 You will ensure that your content and the use of your content or services by your end users do not violate any policy or any applicable law. You are fully responsible for the development, content, operation, maintenance and use of your content. You will ensure that all end users comply with your obligations thereunder and that the terms of your agreement with each end user are consistent with the Agreement. If you become aware that an end user has violated your obligations thereunder, you will immediately suspend the end user’s access to your content and services. We will not provide any support or service to the end user unless we have entered into a separate agreement with you or the end user, which obligates us to provide such support or services.
2.2 You are responsible for properly configuring and using the service, and otherwise taking appropriate actions to safeguard, protect and back up your account and your content, so as to provide appropriate security and protection, possibly including using encryption technology to protect your content from unauthorized access, and regularly archiving your content.
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.
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.
3.4 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.
Without limiting the generality of the Product Terms, you further agree and promise that the purchase and use of the Services identified herein must comply with the specific terms of services stated herein.
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) You should ensure that your account has enough balance so that we can continue providing the CDN services.
(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) You should neither have nor cause or allow others to have the following behaviors:
i. Use the CDN service to harass anybody; Cause damage or harm to anybody or property; Publish any material that is false, defamatory, harassing, or obscene; Infringe upon the privacy right; Preach bigotry, racialism, hatred, or harm; Send unsolicited bulk e-mail, junk mail, spam, or chain letters; Infringe upon the property right; Or violate any applicable law, statute, or regulation in any other way;
ii. Perform or disclose any benchmark test, availability, or performance test for the CDN service;
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. Modify, make derivative works of, disassemble, decompile, implement reverse engineering of, replicate, republish or copy any part of the CDN service (including data structure or similar materials generated by the program);
v. Directly or indirectly establish or support products or services competing with EdgeNext by accessing or using the CDN service;
vi. License, sell, transfer, assign, outsource, permit time-sharing or partial use, commercial exploitation of, or provide any third party with the CDN service, unless otherwise agreed in the Product Terms or by both parties;
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) You shall take necessary and effective security protection measures for the computer information system, equipment, etc. you use, failing which, you shall take responsibility for any damage to your rights and interests caused thereby.
(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) If you are frequently attacked (including but not limited to DDoS attacks) due to the conduct of any business including but not limited to “DNS resolution”, “security service”, “domain brokerage”, and “reverse proxy” and fail to timely correct your behavior or eliminate the ill effects as required by EdgeNext, thus affecting EdgeNext’s service platform or other people, you shall be responsible for the compensation.
(h) If you purchase this service in the form of an annual or monthly plan, the term of service shall last until the expiration of the term of subscription; if you purchase this service in the form of a resource pack (or a package), the term of service shall last until the term of service of the resource pack you subscribe to expires or the services in the resource pack are used up, whichever is earlier.
(i) You shall use up the services in the resource pack within the term of service. Upon expiration of the term of service of the resource pack, any service you have subscribed to but not used will be null and void, and no substitute or supplement will be provided or no unused balance in your platform account will be refunded by EdgeNext.
(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. Unavailability of the BMS Service due to the fault of your source site or your setting and adjustment of IDC resources;
ii. Unavailability of the BMS Service due to improper configuration when debugging the configuration as required by you; and
iii. Other circumstances that may cause the unavailability of this service as agreed in Article 3 hereof.
(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) We reserve the right to restrict, delete or suspend any service that violates any of the above restrictions.
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) You shall be responsible for the data stored on EdgeNext’s platform, as well as for the integrity and confidentiality of commands and passwords required for entering and managing various products and services on EdgeNext’s platform. All losses and consequences caused by the loss or leakage of the above data, commands and passwords due to improper maintenance, confidentiality or operation by you shall be borne by yourself.
(i) If EdgeNext finds that you violate the above terms, EdgeNext shall have the right to take corresponding measures, including but not limited to immediate termination of the services or suspension of the services. If you violate the above terms and cause losses to EdgeNext, you shall bear all legal responsibilities and compensate for the losses therefrom;
(j) 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.
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 refers to a safe, fast, stable and extensible authoritative DNS service provided by EdgeNext for you, which converts domain names that are easy to manage and identify into digital IP addresses used by computers for interconnection communication, thus routing users’ access to corresponding websites or application servers.
(c) You shall be responsible for the data stored on EdgeNext’s platform, as well as for the integrity and confidentiality of commands and passwords required for entering and managing various products and services on EdgeNext’s platform. All losses and consequences caused by the loss or leakage of the above data, commands and passwords due to improper maintenance, confidentiality or operation by you shall be borne by yourself.
(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) You understand and agree that EdgeNext will not make any commitment to the availability and reliability of any service for free services. EdgeNext also assumes no responsibility for the work or results of your use of the free services.
(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) 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.
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 Service means the DDoS traffic-based attack prevention and service management system provided by EdgeNext. The system, applicable to the business scenarios dealing with directed persistence and large-scale DDoS governance, is an advanced DDoS protection product that can provide data centers with locally deployed private data cleaning services.
(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) You shall not engage in any acts that destroy or attempt to destroy network security (including but not limited to phishing, hacking, cyber fraud, providing websites or spaces containing or suspected of spreading the following: viruses, Trojans, malicious codes, and suspected attacks on other websites and servers through virtual servers, such as scanning, sniffing, ARP spoofing and DDoS);
(f) You shall be responsible for the data stored on EdgeNext’s platform, as well as for the integrity and confidentiality of commands and passwords required for entering and managing various products and services on EdgeNext’s platform. All losses and consequences caused by the loss or leakage of the above data, commands and passwords due to improper maintenance, confidentiality or operation by you shall be borne by yourself;
(g) If EdgeNext finds that you violate the above terms, EdgeNext shall have the right to take corresponding measures, including but not limited to immediate termination of the services or suspension of the services. If you violate the above guarantee and cause losses to EdgeNext, you shall bear all legal responsibilities and compensate for the losses therefrom;
(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.
5.1 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 Where any provision hereof is ruled invalid or unenforceable by a court or tribunal with jurisdiction, the validity or enforceability of the remaining provisions hereof shall remain in full force and effect.
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 You shall do and execute or cause others to do and execute all such further acts, covenants, things and documents as may be necessary to give effect to the terms hereof.
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) The clauses of intellectual property rights shall not become invalid due to the invalidity, cancellation, early termination or inoperability of the agreement.
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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