Terms of Service

Last Updated: April 15, 2023

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the website at cdnkorea.com (the "Website") or any content delivery network services (the "Services") operated by CDN Korea ("us", "we", "our").

Your access to and use of the Website and Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website or Services.

By accessing or using the Website or Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website or use the Services.

1. Service Description

CDN Korea provides content delivery network services designed to enhance the performance, security, and reliability of websites and applications, with a particular focus on optimization for Asian markets.

Services may include, but are not limited to:

  • Content caching and delivery
  • Web application firewall (WAF)
  • DDoS protection
  • Bot management
  • Traffic optimization
  • Edge computing capabilities
  • Analytics and monitoring

2. Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Service Subscription and Billing

Some aspects of the Services require payment of fees. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms, as we may update them from time to time. CDN Korea may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

You agree to provide CDN Korea with accurate and complete billing information including full name, address, state, postal code, telephone number, and valid payment method information. If auto-renewal is enabled for your subscription, you authorize CDN Korea to charge you automatically each billing period using your selected payment method.

Subscription fees are generally billed in advance of the applicable subscription period. If payment is not received from your payment method, you agree to pay all amounts due upon demand and we may suspend or terminate your account.

4. Service Level Agreement (SLA)

CDN Korea will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the "Service Commitment").

In the event CDN Korea does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below:

  • Monthly Uptime Percentage less than 99.9% but equal to or greater than 99.0%: 10% Service Credit
  • Monthly Uptime Percentage less than 99.0% but equal to or greater than 95.0%: 25% Service Credit
  • Monthly Uptime Percentage less than 95.0%: 50% Service Credit

"Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the Services were unavailable. Scheduled maintenance and force majeure events are excluded from this calculation.

To receive a Service Credit, you must submit a claim by sending an email to support@cdnkorea.com within 30 days following the applicable billing period.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable local, national, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation
  • To distribute malware or other malicious code
  • To impersonate or attempt to impersonate CDN Korea, a CDN Korea employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm CDN Korea or users of the Services or expose them to liability
  • To upload, transmit, or distribute content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
  • To engage in activities that cause excessive load, disruption, or degradation of service to CDN Korea's infrastructure or the infrastructure of other users

CDN Korea reserves the right to terminate or suspend access to our Services immediately, without prior notice or liability, for any breach of the Terms.

6. Content Ownership and Responsibility

Our Services allow you to distribute certain content through our content delivery network. You retain all rights in, and are solely responsible for, the content you distribute through the Services.

By using our Services to deliver content, you represent and warrant that:

  • You either are the sole and exclusive owner of all content you distribute through the Services, or you have all rights, licenses, consents, and releases that are necessary to grant to CDN Korea the rights in such content as contemplated by these Terms
  • The content does not violate, misappropriate or infringe the rights of any third party, including intellectual property rights, rights of publicity, or privacy rights
  • The content complies with all applicable laws and regulations in any country from which it is being distributed and in any country in which it is intended to be viewed or accessed

CDN Korea reserves the right, but not the obligation, to monitor or review content distributed through the Services. We may remove or disable access to any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

7. Intellectual Property

The Website, Services, and their original content (excluding content delivered through the Services), features, and functionality are and will remain the exclusive property of CDN Korea and its licensors. The Website and Services are protected by copyright, trademark, and other laws of both South Korea and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CDN Korea.

8. Links To Other Websites

Our Website and Services may contain links to third-party websites or services that are not owned or controlled by CDN Korea.

CDN Korea has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that CDN Korea shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Limitation of Liability

In no event shall CDN Korea, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services during the period of 3 months prior to any cause of action arising.

10. Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

CDN Korea, its subsidiaries, affiliates, and its licensors do not warrant that:

  • The Services will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Services are free of viruses or other harmful components
  • The results of using the Services will meet your requirements

11. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services, or notify us at support@cdnkorea.com.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of South Korea, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Contact Us

If you have any questions about these Terms, please contact us at:

CDN Korea
Gangnam Finance Center
152 Teheran-ro, Gangnam-gu
Seoul, 06236
South Korea
legal@cdnkorea.com
+82-2-1234-5678