This
Terms of Service agreement (“Agreement”) is a binding legal contract between
you (“Customer,” “You,” or “Your”) and Sharon Networks, Inc., a
corporation registered in the United States (“Sharon Networks,” “We,” “Us,” or
“Our”). This Agreement governs your use of the content delivery network
services, websites (including cdn.sharon.io), APIs, and any associated software
provided by Sharon Networks (collectively, the “Service”).
By
signing up, accessing, or using the Service, you acknowledge that you have
read, understood, and agree to be bound by this Agreement. If you are entering
into this Agreement on behalf of a company or other legal entity, you represent
that you have the authority to bind such entity to these terms.
1.
Description
of Service
Sharon
Networks provides a content delivery network (CDN) service designed to
accelerate the delivery of your web content, improve performance, and enhance
security for your websites and applications ("Content").
2.
User Accounts & Responsibilities
- Account Registration: You must provide
accurate, current, and complete information during the registration
process and keep your account information updated.
- Account Security: You are responsible for
safeguarding your account password and for all activities that occur under
your account. You must notify us immediately of any unauthorized use of
your account.
- Your Content: You are solely
responsible for all your Content, including its legality, reliability, and
appropriateness. You retain full ownership of your Content.
- End-Users: You are responsible for
the actions of your own end-users and their compliance with our Acceptable
Use Policy.
3.
Acceptable Use Policy (AUP)
You
agree not to use, nor permit your end-users to use, the Service to:
- Transmit any Content
that is illegal, fraudulent, harassing, or infringes on any third party's
intellectual property or privacy rights.
- Distribute malware,
viruses, worms, Trojan horses, or any other destructive or malicious code.
- Engage in phishing,
spamming, or any activity that violates anti-spam laws and regulations.
- Create or operate public
proxy services, including but not limited to HTTP/SOCKS proxies, VPNs, or
any other form of anonymizing network.
- Operate open proxies,
open mail relays, or any other service that could be used for abusive
purposes.
- Generate excessive load
or resource consumption that disrupts the stability or performance of the
Sharon Networks infrastructure for other customers.
- Violate any applicable
local, state, national, or international law.
Furthermore,
you are required to cooperate in addressing any reports of abuse
("Abuse") related to your use of the Service. Upon receiving a
notification from us regarding an abuse complaint (such as a DMCA notice,
malware report, or phishing complaint), you must cooperate by taking prompt and
appropriate action to resolve the issue. Your failure to cooperate in a timely
manner will be considered a material breach of this Agreement.
We
reserve the right to investigate any potential violation of this AUP. We may
suspend or terminate your account and Service immediately and without prior
notice if we, in our sole discretion, determine that a violation has occurred.
4.
Fees, Payment, and Renewal
- Fees: You agree to pay all
applicable fees for the Service as described on our pricing page at
cdn.sharon.io/pricing.
- Billing: The Service is billed
on a recurring basis (e.g., monthly or annually). You will be billed in
advance of each billing cycle.
- Taxes: All fees are exclusive
of applicable taxes, levies, or duties imposed by taxing authorities,
which you are responsible for paying.
- Late Payments: Overdue payments may be
subject to a late fee and may result in the suspension or termination of
your Service.
- Auto-Renewal: To ensure uninterrupted
service, your subscription will automatically renew at the end of each
term. You may cancel the auto-renewal by providing notice through your
account dashboard before the renewal date.
5.
Service Level Agreement (SLA)
Sharon
Networks is committed to providing a reliable and high-performance service. Our
commitments regarding service uptime and performance are outlined in our
Service Level Agreement, which is available at cdn.sharon.io/legal/sla. The SLA is hereby incorporated into this Agreement by
reference. If we fail to meet the guarantees in the SLA, you may be eligible
for service credits as described therein.
6.
Intellectual Property
- Sharon Networks' IP: We retain all rights,
title, and interest in and to the Service, including all related software,
technology, and branding. This Agreement does not grant you any rights to
our trademarks or other intellectual property.
- Your IP: You retain all rights,
title, and interest in and to your Content. You grant Sharon Networks a
limited, worldwide, non-exclusive, royalty-free license solely to the
extent necessary to provide the Service, including the rights to cache,
process, modify, and transmit your Content. This license terminates when
you or we terminate this Agreement.
7.
DMCA & Copyright Policy
Sharon
Networks respects the intellectual property rights of others and complies with
the Digital Millennium Copyright Act (DMCA). We will respond to notices of
alleged copyright infringement. For instructions on how to file an infringement
notice or a counter-notice, please visit our Copyright Policy page at cdn.sharon.io/legal/dmca.
8.
Term and Termination
- Term: This Agreement
commences on the date you first use the Service and continues until
terminated.
- Termination by You: You may terminate this
Agreement at any time by closing your account through your account
dashboard.
- Termination by Sharon
Networks:
We may terminate or suspend your account if:
- (a) You are in breach
of this Agreement, including the AUP.
- (b) You fail to make
timely payments.
- (c) We are required to
do so by law. For breaches of the AUP, termination may be immediate. For
other breaches, we will provide you with a reasonable notice period
(e.g., 30 days) to cure the breach, where feasible.
9.
Disclaimer of Warranties
EXCEPT
AS EXPRESSLY PROVIDED IN THE SLA, THE SERVICE IS PROVIDED "AS IS" AND
"AS AVAILABLE." SHARON NETWORKS DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
10.
Limitation of Liability
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHARON NETWORKS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR
INDIRECTLY. OUR TOTAL AGGREGATE LIABILITY IN ANY CASE ARISING OUT OF OR
RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO US
DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.
Indemnification
You
agree to defend, indemnify, and hold harmless Sharon Networks, its officers,
directors, and employees from any claims, damages, losses, or costs (including
reasonable attorneys' fees) arising from: (a) your use of the Service, (b) your
Content, or (c) your violation of this Agreement.
12.
Governing Law and Dispute Resolution
This
Agreement shall be governed by the laws of the State of Delaware,
without regard to its conflict of law principles. Any dispute arising from this
Agreement shall be resolved through binding arbitration in Wilmington, Delaware, in accordance with the rules of the American
Arbitration Association.
13.
Changes to Terms
We
may modify this Agreement from time to time. We will provide at least thirty
(30) days' notice of any material changes by posting the new terms on our
website or by sending an email to the address associated with your account.
Your continued use of the Service after the effective date of the changes
constitutes your acceptance of the revised terms.
14.
Contact Information
If
you have any questions about this Agreement, please contact us at:
Sharon
Networks, Inc.
Email: [email protected]
