SECTION 1: ACCEPTING THE TERMS
By using the information, tools, features and functionality located on Cachoid.com, through any Cachoid APIs, or through any software or other websites that interface with Cachoid.com or its APIs (collectively the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the Cachoid.com website) or you are a “Member” (meaning you have registered with Cachoid). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.
SECTION 2: COPYRIGHTS
All content included on Cachoid.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Cachoid and protected by United States and international copyright laws. Reproduction of the content of Cachoid.com without the written permission of Cachoid is prohibited.
SECTION 3: TRADEMARKS AND SERVICEMARKS
Cachoid®, the Cachoid logo, and other Cachoid graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Cachoid or its subsidiaries. Cachoid’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Cachoid’s, in any manner without Cachoid’s permission. All other trademarks not owned by Cachoid or its subsidiaries that appear on Cachoid.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cachoid or its subsidiaries.
SECTION 4: LICENSE TO ACCESS Cachoid.COM AND SERVICES
In consideration for accessing Cachoid.com and the Service, Cachoid grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of Cachoid. This license does not allow resale of Cachoid’s services without Cachoid’s written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cachoid.com without express written consent of Cachoid. You may not use any meta tags or any other “hidden text” utilizing Cachoid’s name or trademarks without the express written consent of Cachoid. Any unauthorized use automatically terminates the permission or license granted by Cachoid and may incur legal liabilities for any damages.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of Cachoid’s proprietary graphics or trademarks as part of the link without express written permission.
SECTION 5: ACCOUNTS AND PASSWORDS
If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Cachoid reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to Cachoid.com and the Cachoid Service.
SECTION 6: THIRD PARTY APPS
Cachoid’s Service allows you to install or utilize certain third party apps (“Apps”). These Apps are provided “AS IS” and governed by their own terms of service and privacy policies as set forth by the third parties that provide them. Cachoid does not endorse and is not responsible or liable for the services or features provided by these Apps you choose to install. You acknowledge and agree that Cachoid 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 use of or reliance on any Apps.
SECTION 7: YOUR CONTENT
You retain full copyrights in any materials served through Cachoid. Depending on the features you select or Apps you enable, Cachoid may modify the content of your site. For example, Cachoid may detect any email addresses and replace them with a script in order to keep it from being harvested, or Cachoid may insert code to improve page load performance or enable a Third Party App. Depending on the features you enable, you acknowledge Cachoid may:
- Intercept requests determined to be threats and present them with a challenge page.
- Add cookies to your domain to track visitors, such as those who have successfully passed the CAPTCHA on a challenge page.
- Add script to your pages to, for example, add services, Apps, or perform additional performance tracking.
- Other changes to increase performance or security of your website.
Cachoid will make it clear whenever a feature will modify your content and, whenever possible, provide you a mechanism to allow you to disable the feature.
SECTION 8: RECORDS OF Cachoid.COM VISITOR USE AND ABUSE
As a visitor to Cachoid.com and a user of the Cachoid Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.
SECTION 9: RECORDS OF YOUR VISITORS
SECTION 10: LIMITATION ON NON-HTML CACHING
You acknowledge that Cachoid’s Service is offered as a platform to cache and serve web pages and websites and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose of hosting and serving web pages as viewed through a web browser or other application and the Hypertext Markup Language (HTML) protocol or other equivalent technology. Cachoid’s Service is also a shared web caching service, which means a number of customers’ websites are cached from the same server. To ensure that Cachoid’s Service is reliable and available for the greatest number of users, a customer’s usage cannot adversely affect the performance of other customers’ sites. Additionally, the purpose of Cachoid’s Service is to proxy web content, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at Cachoid’s sole discretion, you are deemed to have violated this section, or if Cachoid, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Cachoid’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Cachoid may suspend or terminate your account without notice to or liability to you.
SECTION 11: INVESTIGATION
Cachoid reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Cachoid’s benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Cachoid’s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, Cachoid may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against Cachoid for such action, including but not limited to any disruption to your website. You acknowledge that Cachoid may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complaintants who have filed complaints with us.
SECTION 12: INDEMNITY
You agree to indemnify and hold Cachoid, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
SECTION 13: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Cachoid.COM, THE Cachoid SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY Cachoid ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cachoid MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Cachoid.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON Cachoid.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF Cachoid.COM, THE Cachoid SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Cachoid DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Cachoid BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF Cachoid.COM, THE Cachoid SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Cachoid MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT Cachoid.COM, THE Cachoid SERVICE, ANY DOWNLOADABLE SOFTWARE, THE Cachoid SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Cachoid WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Cachoid.COM, THE Cachoid SERVICE, OR Cachoid DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Notwithstanding the foregoing, Cachoid acknowledges that it is compliant with the Payment Card Industry Payment Card Industry Data Security Standard (PCI DSS) and is a PCI DSS Level 1 certified organization. As such Cachoid is therefore responsible for the security of cardholder data that it transmits on behalf of its customers while that data is within Cachoid’s network. Cachoid does not store cardholder data transmitted through its network at any point.
SECTION 14: TERMINATION
Cachoid’s policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that Cachoid may, under certain circumstances and without prior notice, immediately terminate your Cachoid account, any associated email address, and access to Cachoid.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Cachoid’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with Cachoid.com and associated Services. Further, you agree that all terminations for cause shall be made in Cachoid’s sole discretion and that Cachoid shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to Cachoid set forth in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.
SECTION 15: DMCA & ABUSE REPORTS
Cachoid is a pass-through network and, at most, caches content for a limited period in order to improve network performance. Cachoid automatically removes content from our caches when it has been removed from our customer’s origin web server. Cachoid is not a hosting provider and has no way of removing abusive content on third party hosting services. Individuals or copyright holders concerned with content served through Cachoid’s network may submit a complaint for investigation to: https://www.Cachoid.com/abuse.
Cachoid does not accept abuse complaints submitted over the telephone or snail mail.
SECTION 16: MODIFICATIONS
Cachoid may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on Cachoid.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
SECTION 17: LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because Cachoid has no control over such sites and resources, you acknowledge and agree that Cachoid is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cachoid 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 use of or reliance on any such content.
SECTION 18: PUBLICITY
Cachoid shall be permitted to identify you as a customer, to use your website’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the Cachoid’s web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.
SECTION 19: NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
SECTION 20: WAIVER
The failure of Cachoid to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SECTION 21: SEVERABILITY OF TERMS
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SECTION 22: NON-TRANSFERABILITY OF ACCOUNTS
You agree that your Cachoid account is non-transferable except with the written consent of Cachoid.
SECTION 23: TIME LIMITATIONS FOR CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Cachoid.com must be filed within one year after such claim or cause of action arose or be forever barred.
SECTION 24: APPLICABLE LAW
By visiting Cachoid.com, you agree that the laws of the United States and, specifically, those of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cachoid or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in San Francisco County, California, USA.
SECTION 25: ARBITRATION
In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding.
Any controversy or dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved as provided above shall be resolved by arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) and judgment upon the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The arbitration tribunal shall consist of a single arbitrator mutually agreed by the parties, or in the absence of such agreement within thirty (30) calendar days from the first referral of the dispute to the AAA, designated by the AAA. The place of arbitration shall be San Francisco, California, U.S.A., unless the parties shall have agreed to another location within fifteen (15) calendar days from the first referral of the dispute to the AAA. The arbitral award shall be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award.
The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.
SECTION 26: VERSIONS
The authoritative version of Cachoid’s Terms of Service is available at: www.Cachoid.com/terms. While translations of these terms may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of Cachoid.com, the Cachoid Service, and any Cachoid Downloadable Software.
SECTION 27: HEADINGS
The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.