CDN Today!

Important Information

You should carefully read the following Terms and Conditions (also referred to as the “Terms of Use”, “Terms of Service” or “TOS”). Your use of our service(s) implies that you have read and accepted these Terms and Conditions. The CDN Today Website  (all Websites in the  CDN Today Community of Websites may hereafter be referred to, both individually and collectively, as  ”The Network”) from which you accessed this agreement is provided to you subject to the terms and conditions listed below. These terms and conditions are in addition to any other terms and conditions that individual website owners within the CDN Today Network may include for governing access to their sites.

Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website or Network.

The access rights granted to you under these Terms Of Use are non-transferable without the express written permission of the owner of CDN Today Network. You are responsible for the actions of any other person (or device) who may utilize your access rights on the CDN Today Network

Introduction

The following terms and conditions govern all use of the CDN Today Community of Websites Network and all content, services and products available at or through the Network.  The Network is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other associated operating rules and policies (including, without limitation, CDN Today Community of Websites Privacy Policy) both on The Network site or the individually operated sites hosted on The Network.

Please read this Agreement carefully before accessing or using the CDN Today Community of Websites Network. By accessing or using any part of the Network, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Network or use any services. If these terms and conditions are considered an offer by the CDN Today Community of Websites, acceptance is expressly limited to these terms.

The Network is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you must stop using the Network immediately or else provide CDN Today Community of Websites with written parental approval.

Our basic products and services are free to both Website Owners & individual Users. However we may offer some paid upgrades for advanced features such as domain hosting or extra disk space or bandwidth either at present or at some point in the future.

Our products and services are designed to give Website Owners as much control and ownership over their site as possible and to encourage Users/Members to express themselves freely. However, each site owner must be responsible for the content on their site. In particular, as a Website Owner, you must make certain that none of the prohibited items listed below appear on your site or get linked to from your site (things like – but not limited to – spam, viruses, or hate content).

SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS

A special restriction on a visitor’s license to access the network applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the network automatically.

Email addresses on the CDN Today Network are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address contained on The Network has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the network’s email addresses is recognized as a violation of this agreement and expressly prohibited.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of CDN Today Community of Websites. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with CDN Today Community of Websites) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.

Your CDN Today Network account.

You must not use your CDN Network account, or allow use of your account, to:

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such purposes have been specifically allowed by CDN Today
• Conduct or forward surveys, contests, pyramid schemes or chain letters, or similar devices, unless that particular activity has been specifically approved by CDN Today.
• Download any file posted by another user of The Network that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying The Network.
• Violate any code of conduct or other guidelines which may be applicable for any particular service on The Network.

When you register and create a user account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account.

You must immediately notify CDN Today Network of any unauthorized uses of your CDN Today user account or any other breaches of security. CDN Today Community of Websites will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you comment on a Website here, post material to The Network, post links on The Network, operate a Website on our Network, or otherwise make (or allow any third party to make) material available by means of The Network (any such material may be referred to as  ’Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, computer software or any other type of electronic content. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by CDN Today Community of Websites or otherwise.
• By submitting Content to the CDN Today Community of Websites for inclusion on The Network, you grant the CDN Today Network a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site or Content. If you delete Content and advise CDN Today Community of Websites, CDN Today Community of Websites will use reasonable efforts to remove said Content from the network (generally within two business days), but you acknowledge that caching and/or other references to the Content may not be made immediately unavailable.
• Without limiting any of those representations or warranties, CDN Today Community of Websites has the right (though not the obligation) to, in CDN Today Community of Websites’s sole discretion (i) refuse or remove any content that, in CDN Today Community of Websites’s reasonable opinion, violates any CDN Today Community of Websites’s policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the network to any individual or entity for any reason, in CDN Today Community of Websites’s sole discretion. CDN Today Community of Websites will have no obligation to provide a refund of any amounts previously paid.

CDN Today Nework hosted Website

If you operate a Website on our Network, you represent and warrant that:

• your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own
• your site is not used to advertise or offer to sell or buy any goods or services for any business purpose, unless such purposes have been specifically allowed by CDN Today.
• your site is not used to conduct or forward surveys, contests, pyramid schemes or chain letters unless that activity has specifically been approved by CDN Today.
• you will not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
• you will quickly identify to  CDN Today of any security breaches on your website.

Without limiting any of our other representations or warranties, CDN Today Network has the right (though not the obligation) to, in The Network’s sole discretion (1) change or remove any description or keyword that it considers inappropriate or unlawful (2)  delete or otherwise restrict access to any website that The Network believes is in violation of its policies, Terms of Service or otherwise likely to cause CDN Today Community of Websites to be positioned for possible liability.

OVERUSE of Bandwidth

The CDN Today Network is intended for relatively small, independent websites operated by individuals. When a site reaches an indefinitly high level of usage, the site owner will be advised of the overuse and asked to limit the amount of bandwidth used or move to a commercial hosting service.

CDN Today reserves the right to technically limit the bandwidth of any site hosted on the  CDN Today Network. When other measures fail, CDN Today may terminate or deny access to the offending website. In such cases, CDN Today Community of Websites will have no obligation to provide a refund of any funds that may have been paid by the site owner.

Fees and Payment.

Although our products and services are generally free, certain OPTIONAL premium paid services (such as domain purchases, etc.) may be available on the network. (Such optional services will always be CLEARLY indicated as NOT included in the normal free services.) By selecting a premium service you agree to pay CDN Today Community of Websites the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

Responsibility of Website Visitors.

CDN Today Community of Websites has not reviewed, and cannot review, all of the material, including computer software, posted to the network, and cannot therefore be responsible for that material’s content, use or effects. By operating the network, CDN Today Community of Websites does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

• You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• Any User or Site Owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to CDN Today Community of Websites.
• Anyone who discovers Content on The Network that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to CDN Today Community of Websites.

CDN Today Community of Websites disclaims any responsibility for any harm resulting from the use by visitors of The Network, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites (links).

We have not reviewed, and cannot review, all of the material, including computer software, made available through the networks and WebPages to which CDN Today Community of Websites links, and that CDN Today does not have any control over such webpages, and CDN Today is not responsible for the contents of such website – or their use.

By linking to a webpage this is not part of the CDN Today Community of Websites Network, CDN Today does not represent or imply that it endorses such Website or webpage.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

CDN Today Community of Websites disclaims any responsibility for any harm resulting from your use of non-CDN Today Community of Websites Network and WebPages.

Copyright Infringement and DMCA Policy.

As the CDN Today Network asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CDN Today Network violates your copyright, you are encouraged to notify the CDN Today Netork.

CDN Today Network will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of CDN Today Network or others, CDN Today Network may, in its discretion, terminate or deny access to and use of The Network. In the case of such termination, CDN Today Network will have no obligation to provide a refund of any amounts previously paid to CDN Today Network.

Intellectual Property.

This Agreement does not transfer from CDN Today Community of Websites to you any Website or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CDN Today Community of Websites.

CDN Today Community of Websites, the CDN Today Community of Websites domain, the CDN Today Community of Websites logo,  CDN Today Network, The Network, and all other trademarks, service marks, graphics and logos used in connection with CDN Today Community of Websites, or The Network are trademarks or registered trademarks of CDN Today Community of Websites or CDN Today’s licensors. Other trademarks, service marks, graphics and logos used in connection with the network may be the trademarks of other third parties.

Your use of the network grants you no right or license to reproduce or otherwise use any CDN Today Community of Websites or third-party trademarks.

Changes.

CDN Today Community of Websites reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the network following the posting of any changes to this Agreement constitutes acceptance of those changes. CDN Today Community of Websites may also, in the future, offer new services and/or features through the network (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

CDN Today Community of Websites may terminate your access to all or any part of the network at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CDN Today Community of Websites account (if you have one), you may simply discontinue using the network. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by CDN Today Community of Websites if you materially breach this Agreement and fail to cure such breach within thirty (30) days from CDN Today Community of Websites’s notice to you thereof; provided that, CDN Today Community of Websites can terminate the network immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The materials on CDN Today Network are provided ‘as is’. CDN Today Network makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CDN Today Network does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.

In no event will CDN Today Network, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CDN Today Community of Websites under this agreement during the twelve (12) month period prior to the cause of action. CDN Today Community of Websites shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the network will be in strict accordance with the CDN Today Community of Websites  Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the network will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless CDN Today Community of Websites, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the network, including but not limited to out of your violation of this Agreement.

APPLICABLE LAW AND JURISDICTION

Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the State of Louisiana as such laws are applied to agreements between Louisiana State residents entered into and performed entirely within the State of Louisiana. You consent to the jurisdiction of federal and state courts within the State of Louisiana. You consent to the venue in any action brought against you in connection with breaches of these Terms of Service. You also consent to electronic service of process regarding actions under the above agreement.

RECORDS OF VISITOR USE AND ABUSE

You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

Your privacy is very important to us

This Policy was developed to assist you in understanding how we collect, use, communicate, disclose and make use of personal information. The following policy directs our operations in connection with information that may be considered personal or private.

• Before, or at the time of, collecting personal information, we will identify the purposes for which that information is being collected.
• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make information about our policies and practices relating to the management of personal information readily available to customers or users.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Site Terms of Use Modifications

CDN Today Community of Websites may revise these Terms of Use for its Network at any time without notice. By using The Network, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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