According to Kissmetrics.com, surveys show that nearly half of regular web users expect sites to load within a few seconds, and they tend to abandon a site that isn’t loaded within 3-5 seconds. 79% of web shoppers who have trouble with web site performance say they won’t return to the site to buy again and around 44% of them would tell a friend if they had a poor experience shopping online. The end result – lots of potential sales down the drain because of a few seconds difference.
CDNGINE.COM’S TERMS AND ACCEPTABLE USE POLICY
CDNgine.com provides access to this website subject to the user’s acceptance of this policy. By accessing, browsing, framing, using and/or linking to this website or using CDNgine.com’s network, the user automatically agrees to be bound by the following terms and conditions. This policy may be updated by CDNgine.com from time to time without prior notice. Accordingly, users should consult this document regularly to ensure that their activities conform to the most current policy. Should you have any questions regarding this policy, please contact CDNgine.com at firstname.lastname@example.org.
General Unacceptable or Illegal Use
This website may be used only for lawful purposes. Transmission, distribution, publication or storage of any material in violation of any applicable law or regulation is prohibited. This prohibition includes, but is not limited to, material covered by copyright, trademark, trade secret or other intellectual property right or material that is obscene, libelous, defamatory, fraudulent, constitutes child pornography, an illegal threat or abuse or violates export control laws. Furthermore, this website shall not be used in a manner that violates the rules, regulations and policies of any network, server, website, database or service provider. Users of this website shall also not use these facilities to encourage conduct that would constitute a criminal offense or give rise to civil liability.
Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act (42 U.S.C § 512 et seq) (“DMCA”) sets forth the following requirements for notifying online service providers of alleged copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notice of your claim to: email@example.com.
CDNgine.com will expeditiously forward the complaint to the appropriate client that is the subject of a notice prepared in accordance with the DMCA. To be effective, your notice of copyright infringement must be written and must include the following information. For more details on the information required for valid notification, see 17 U.S.C. § 512(c) (3):
i. Your signature (physical or electronic) or the signature of a person authorized to act on your behalf;
ii. Identification of the copyrighted work that you claim has been infringed;
iii. Identification of the material that is claimed to be infringing as well as information reasonably sufficient to permit CDNgine.com to locate the material;
iv. Information reasonably sufficient to permit CDNgine.com to contact you, such as an address, telephone number, and, if available, an electronic mail address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent or the law; and
vi. A statement that, under penalty of perjury, the information in the notification is accurate and that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages as a result of the removal or blocking of the material, court costs and attorneys’ fees.
Users who have been the subject of a DMCA copyright notice may write a counter notification under 17 U.S.C. § 512(g) (3). Users should be aware that, under the DMCA, they may be liable for damages if they materially misrepresent that a product or activity is not infringing the copyright(s) of another, court costs and attorneys’ fees. To file a counter notification with CDNgine.com, please provide a written communication to CDNgine.com’s Designated Copyright Agent (provided above) that sets forth the following items:
i. A physical or electronic signature of the User;
ii. Identification of the material that has been removed or disabled, and its prior location;
iii. A statement, under penalty of perjury, that the User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
iv. The User’s name, address and telephone number(s);
v. A statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the User’s address is located, or, if the User’s address is outside of the United States, for any judicial district in which CDNgine.com may be found; and
vi. A statement that the User will accept service of process from the complainant or the complainant’s agent. Upon receipt of a valid counter-notification, CDNgine.com will provide the complaining party with a copy of the counter-notification. The complaining party then has 10 business days to notify the Designated Copyright Agent that it has filed a request for a court order to restrain the infringing activity.
System or Network Security
Violations of system security are prohibited and may result in criminal and civil liability. Violations of system security include, but are not limited to, the following:
• attempts to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or services which the user is not expressly permitted or authorized to access;
• attempts to scan, probe or test the CDNgine.com system with the intent to evaluate, detect holes or otherwise breach security;
• tampering with or committing intrusion into any part of the CDNgine.com system, or using any of its hosts, or system to intrude into or disrupt or impair the performance of any other system;
• intentionally or negligently injecting bad routing information, incorrect DNS information or similar false data into the Internet;
• using the system in a manner that encumbers disk space, processors or other system resources beyond that allowed by the specific type of account or making deliberate attempts to interfere with a service, overload a service or attempting to disable a host;
• transmitting computer viruses, Trojan horses, cancelbots or other destructive programming code with intent to interfere with the operation, function or use of any service or system;
• other unauthorized use including, but not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, mail bombing, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.);
• tampering or attempting to tamper with any scripts presented on web pages or configure a web page to act maliciously against users that visit that web page;
• forging any TCP/IP packet header or any part of the header information;
• unauthorized eavesdropping or data monitoring or filtering.
Users may not create links to this website without CDNgine.com’s express prior written consent. Further, users may not use metatags, hidden text or similar concepts or formats which incorporate or refer to www.cdngine.com or which use the CDNgine.com name without express written permission.
Violations of this policy may result in cancellation, suspension or termination of a user's access to this website or such other action that CDNgine.com may, in its sole discretion, deem necessary. CDNgine.com reserves the right to pursue all remedies for violations of this policy by users of this website to the fullest extent permitted by law. In the event of suspected, alleged, or actual illegal activity, CDNgine.com may, in its sole discretion, notify or cooperate with applicable law enforcement authorities for potential civil or criminal investigation or prosecution.
CDNgine.com’s Obligations and Limitations of Liability
CDNgine.com expressly disclaims any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the use of this website. Notwithstanding, CDNgine.com reserves the right to remove any material that violates this policy, could be potentially illegal or cause CDNgine.com to incur liability. CDNgine.com DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN CDNgine.com AND THE USER. CDNgine.com MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING ITS WEBSITE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF SATISFACTORY QUALITY AND ANY OTHER WARRANTY IMPLIED BY LAW SAVE TO THE EXTENT SUCH WARRANTIES CANNOT BE EXCLUDED BY APPLICABLE LAW. NOTHING IN THESE TERMS AND CONDITIONS SHALL OPERATE TO RESTRICT OR EXCLUDE CDNgine.com’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR ANYTHING ELSE FOR WHICH CDNgine.com CANNOT AT LAW LIMIT OR EXCLUDE ITS LIABILITY FOR.
Third Party Access
Users of this website are responsible for violations of this policy by third parties having indirect access this website through such user or attributable to such user’s act or omission. Any such violations by a third party shall be deemed to be a violation by such user, whether or not done with the knowledge or consent of the user or other third party. Each user shall have the sole responsibility to cease such violations and shall be solely liable for any loss, damage or expense arising from the third party violation of this policy, including but not limited to, third party infringement of intellectual property rights such as the unauthorized or disputed use of domain names, trademarks or copyright protected works.
Each user agrees to defend and hold harmless CDNgine.com, its officers, directors, employees, agents, licensors, suppliers and its affiliates from and against any and all losses, claims, damage and expenses, including attorneys' fees, arising out of its use of this website. User also agrees to defend and hold harmless CDNgine.com, its officers, directors, employees, agents, licensors, suppliers and its affiliates from and against any and all losses, claims, damage and expenses, including attorneys' fees, arising out of any indirect access to this website resulting from an act or omission by the user.
Complaints regarding prohibited use or other abuse of this website, including violations of this policy, should be sent via e-mail to firstname.lastname@example.org. Please include all applicable information that will assist CDNgine.com in investigating the complaint, including all applicable header lines of forwarded messages.
Information Collected by CDNgine.com / Anonymous Browsing Information
Users can browse this website without revealing personal information. In this context, however, CDNgine.com’ servers may collect your Internet Protocol (“IP”) address, your computers operating system, the name of the domain you used to access the Internet, the website you came from and the website you visit next through web server logging.
CDNgine.com may collect some personally identifiable information about a user when the user visits this website, such as the user's name, address, telephone number, and e-mail address. CDNgine.com may also collect information concerning products and services that interest a user. CDNgine.com may also collect the name, address, e-mail address, telephone number, fax number, employment related information and resumes from users that apply for a job with CDNgine.com.
How CDNgine.com Uses the Information
CDNgine.com currently uses the information collected from its users solely to respond to user questions and/or comments and to inform users of new products and offerings. CDNgine.com also uses information submitted by a user to process a user’s job application. Information gained on anonymous browsers, including the user's IP address, may be used to gather broad demographic information used in marketing, site advertising, and similar activities. This information may be aggregated to measure the number of visits, average time spent, page views and other statistics about users of this website. CDNgine.com may also use this data to monitor the performance of this website and to make this website more convenient to use.
Sharing of Information
Except as stated below, CDNgine.com does not currently share, disclose or sell personally identifiable information collected online with other companies or organizations. CDNgine.com may share personally identifiable information with agents (for example, ejobs recruiters who provide recruiting services exclusively to CDNgine.com) who have agreed to use the information only in a manner consistent with this privacy statement. In addition, CDNgine.com may disclose personally identifiable information in response to legal process or when it believes in good faith that the law requires it, for example, in response to a court order, subpoena or a law enforcement agency's request, and to protect the rights, property or safety of CDNgine.com or others.
Transfer of Information Abroad
Information supplied by a user to CDNgine.com whether submitted by the user via this or other websites will only be transferred abroad by CDNgine.com or its affiliates and agents for the purpose of performing any contractual obligations owed by it to the user.
Updating and Removing User Details
A user may review or update the available information that is received from him or her online through the contact information below, or through the client portal if they are signed up for service. In order to safeguard a user’s information, CDNgine.com will take steps to verify the user’s identity before granting access. A user may request that his or her information be removed from CDNgine.com’s information databases at any time by requesting such removal through the contact information below. CDNgine.com will always let a user have a copy of all personal information it has about the user should the user so request. There will be an administration fee of $25 for such a request to cover the costs that CDNgine.com incurs in providing the user with such data.
Children’s Privacy Protection
This website is not directed towards children and CDNgine.com does not knowingly collect any information from children.
This website has security measures in place to protect against the loss, misuse and alteration of information under the control of CDNgine.com. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. As a result, while CDNgine.com strives to protect the personal information of users, it cannot ensure or warrant the security of any information that a user sends to it, and each user therefore does so at its own risk. Once CDNgine.com receives a transmission, all reasonable efforts are made to ensure its security on its systems.
Sale or Acquisition of Assets
In the event that another company acquires CDNgine.com or any of its assets, CDNgine.com reserves the right to include information concerning its website users among the assets transferred to the acquiring company.
CDNgine.com reserves the right to change this policy periodically. Use of information that CDNgine.com gathers is subject to the policy in effect at the time the information is used. Any amendments made to this policy will be considered effective immediately after the amendments are posted on this website. Therefore, CDNgine.com encourages all users to visit this area frequently to stay informed. Any questions concerning this privacy statement can be e-mailed to CDNgine.com using the contact form at our Help Desk.